- Collection:
- Georgia Government Publications
- Title:
- Acts and resolutions of the General Assembly of the state of Georgia, 1985, volume I
- Creator:
- Georgia. General Assembly
- Publisher:
- Atlanta, Ga. : Georgia. Secretary of State
- Date of Original:
- 1985
- Subject:
- Administrative acts--Georgia
Legislation--Georgia
Law--Georgia - Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- legislative acts
- Type:
- Text
- Format:
- application/pdf
- Description:
- Acts and resolutions of the General Assembly of the State of Georgia.
- External Identifiers:
- Call Number GA L407 1985 V.1
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl407-b1985-bv-p1
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl407-b1985-bv-p1
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
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OCT 15 1985 UUWJlVlLlMtb
UGA LIBRARIES
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COMPILER'S NOTE
General Acts and Resolutions of the 1985 session will be found in volume one beginning at page one. There were no proposed amendments to the Constitution passed at the 1985 session. This volume is bound separately.
Local and special acts and resolutions are grouped in volume two beginning at page 3501. Revisions and amendments of municipal charters made pursuant to the Municipal Home Act of 1965, as amended, and filed in the office of the Secretary of State during 1983 are printed in volume two beginning at page 5203. Home Rule Actions by Counties filed in the office of the Secretary of State during 1984 are printed in volume two beginning at page 5157.
There are no numbered pages between 1784 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.
ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
1985
Compiled and Published by Authority of the State Volume I
GEORGIA LAWS 1985
TABLE OF CONTENTS
VOLUME ONE
Acts by Numbers--Page References
Bills and Resolutions--Act Number References
Acts and Resolutions of General Application
Vetoes by the Governor
.
Appellate Courts--Personnel
Superior Courts--Personnel and Calendars
Index--Tabular
Index--General
Population of Georgia Counties--Alphabetically
Population of Georgia Counties--Numerically
Georgia Senatorial Districts, Alphabetically by County
Georgia Senators, Alphabetically by Name
Georgia Senators, Numerically by District
Georgia House Districts, Alphabetically by County
Georgia Representatives, Alphabetically by Name
Georgia Representatives, Numerically by District
Status of Referendum Elections
TABLE OF CONTENTS
VOLUME TWO
Acts by Numbers--Page References Bills and Resolutions--Act Number References Acts and Resolutions of Local Application County Home Rule Actions Municipal Home Rule Actions Vetoes by the Governor Appellate Courts--Personnel Superior Courts--Personnel and Calendars Index--Tabular Index--General Population of Georgia Counties--Alphabetically Population of Georgia Counties--Numerically Georgia Senatorial-Districts, Alphabetically by County Georgia Senators, Alphabetically by Name Georgia Senators, Numerically by District Georgia House Districts, Alphabetically by County Georgia Representatives, Alphabetically by Name Georgia Representatives, Numerically by District Status of Referendum Elections
vi xiv
1 I Ill Ill XIII LV CXXIX CXXXII CXXXIV CXXXVI CXXXVHI CXLI CXLIII CLI CLIX
vi xiv 3501 5157 5203
I Ill Ill XIII LV CXXIX CXXXII CXXXTV CXXXVI CXXXVIII CXLI CXLIII CLI CLIX
v
ACTS BY NUMBERS, PAGE REFERENCES
Page Act No.
3501 48
1 49
3503 50
2 51 3505 52
146 53
7
3510 54
8
149 55
9
....3511 56
10
....3513 57
11
3516 58
12
....3518 59
13
3520 60
14
197 61
15
202 62
16
206 63
17
209 64
18
3522 65
19
3531 66
20
3535 67
21
3542 68
22
3549 69
23
213 70
24
221 71
25
3552 72
26
223 73
1
27
224 74
28
3558 75
29
228 76
30
231 77
31
3561 78
32
3566 79
33
232 80
34
245 81
35
3569 82
36
3573 83
37
3579 84
38
3581 85
39
246 86
40
3584 87
41 .
249 88
1
42 .
3600 89
1
251 90
252 91
258 92
3603 93
Page
261 3609 3615 3626 265 3633 266
279 281 3644 3646 .3649 3651 ..3653 3655 .. ;3657 3659 3661 3663 3665 3673 3702 3704 3706 3708 282 3710 3712 3714 .3719 3721 3723 3728 m .3730 3732 3735 3737 3739 3741 3743 3771 3773 3775 3778 378O 3782
Act No.
95 96 97 '' 98 ' ' ' 99 ' ' ' 100 101 102 103 104 105 j 106 107 108 "ii 109 HO HI 112 113 114 115 116 117 118 119 120 121 122 123 124 125... 126 127 ... 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146
Page Act No.
3788 148 3790 149 3792 150 3794 151 3796 152 3798 153 3800 154 3802 155 3806 156 3810 157 3812 158 3815 159 ..3817 160 3818 161 3820 162 3826 163
3831 165 3833 166 3835 167 3839 168 3841 169 3843 170 3845 171 3847 172 3849 173 3855 174 3857 175 3860 176 3862 177 3864 178 3867 179 3869 180
283 181 3871 182 3873 183 3879 184 3883 185 3886 186 3888 187 3890 188 3892 189 3895 190 3904 191 3906 192 3908 193 3911 194 3914 195 3916 196
352 197 3921 198
Page
33972836 147 3925 3928 3930 3932 3934 3936 3938 3940 3942 3945 3955 3957 3959 3962 3964 3966 i. 385249 164 3972 3974 3976 3978 3980 3983 3985 3987 3989 3992 3995 3997 3999 4001 4003 4007 4009 4028 4031 4036 4038 4040 4072 4075 4078 .4080
355 356 360 4082 . 380 4086 4088 4090
Act No.
719 720 721 722 723 | i 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744
Page Act No.
1403 745 1406 746 1408 747 1411 748 1413 749 1416 750 1417 751 1419 752 1421 753 1423 754 1424 755 1426 756 1430 757 1436 758 1444 759 1446 760 1447 761 1453 762 1461 763 1463 764 .... 1465 765 1467 766 1469 767 1472 768 1483 769 1485 770
Page
1491 1492 1493 1499 1506 1508 1511 1515 1517 5106 1521 5111 5113 5140 5143 5147 1624 1632 1638 1642 1644 1647 1649 1650 1654 1657
RESOLUTIONS BY NUMBER, PAGE REFERENCES
Res. Act No.
Page Res. Act No.
Page
1
256 18
2
3
321 20
4
322 21
5
324 22 .......
6
325 23
7
327 24
8
328 25
9
.
331 26 .......
10
335 27
11
338 28
12
339 29
13
342 30
14
347 31
15
350 32
16
351 33
17
559 34
xiii
561 563219 19 563 564 566 567 568 569 571 575 576 577 579 581 582 583 586
Res. Act No.
35 36 37 38 39 40 41 42 43
Page Res. Act No.
589 44 590 45 592 46 594 47 595 48 596 49
50 600 51 605
Page
607 608
747 748 750 598
BILLS AND RESOLUTIONS--ACT NUMBER REFERENCES
House Bill
1 2 3 4 5 6 8 11 13 15 21 22 25 27 31 32 33 35 36 37 43 44 45 48 51 52 53 55 56 68 59 61
Act No. House Bill
4 64 578 69 579 72 547 74 580 75
670 78 582 81 671 82
18 83 562 85 129 86 583 87 672 88 584 89 673 90 674 91 675 92 49 93 56 94 48 95 57 96 676 97 677 99 662 100 58 101 59 102 397 103 678 104 398 105 762 106 679 107
XIV
Act No.
680 575 757 681 399 658821 77 401 518 645 683 751
19 20 34 402 563 684 585 8 400 663 548 403 586 5 587 60 61 62 63 64 65
House Bill
108 109 HI
115 119
120 125 128 130 131 132 133 134
135 142 144
155 157 159 160 161 162 163 164 165 166 167 168 170 171 172 173 174 177 183 185 ,. 188 189 190 191 194 199 200 205 220 221 226 227 228 229 230 231
Act No. House Bill
66 235 3 239
404 240
7 244 685 247 686 250 687 252 519 254 688 255 67 256 689 257 690 265 691 266 68 267 564 270 692 271 565 273 405 274 738 277 739 278
14 281 15 282 16 290 17 295 406 297 .. 25 298 30 299 54 301 577 303 693 304 694 305 740 306 695 309 696 311 697 312 698 313 699 314 407 316
701 320 702 321 408 322 ,v... 409 323 588 324 549 325 550 327 755 330 763 331 703 340 545 341
2 342 646 343
XV
Act No.
410 647 589 590 750 591 704 648 Veto No. 1 566 ...... 592 411 593 649 ...... 412 567 594 705 595
21 33
6 69 70 71 72 73 664 596 74 130 597 413 520 75 598 193 665 741 700 319 9 10 11 12 13 666 76 32 414 650 599 77 600
House Bill
346 357 358 362 366 368 369 370 371 372 373 374 375 378 388 392 393 398 399 402 404 407 409 411 412 413 419 420 421 425 430 431 432 433 434 436 437 438 443 447 448 451 452 456 461 462 463 464 465 467 468 469
Act No. House Bill
601 29 651 Veto No. 3 521 602 764 603 604 568 569 570 571 706 752 78 667 707 79 80 415 207 708
47
710 711 765 83 84 85 605 41 43 86 522 668
552 Veto No. 2
606 607 539 416 712 758 88 89
471 472 474 475 482 483 484 485 486 488 491 494 495 498 501 502 503 504 506 507 508 511 512 519 530 532 533 535 536 537 538 539 541 542 543 544 546 548 550 551 553 554 557 558 559 560 562 563 564 566 567 570
XVI
Act No.
561 90 713 26 131 572 573 608 132 652 653 609 553 546 714 654 91 133 576 715 92 93 134 94 551 426 709 427 81 208 46 209 95 82 96 97 195 98 621 716 99 52 135 136 210 42 428 87 429 717 100 718 211 101 540 610 719 102
House Bill
576 577 578 579 580 581 582 583 584 587 588 589 590 592 593 594 596 597 598 599 600 601 602 603 604 605 606 607 608 609 611 614 616 617 621 622 623 624 625 626 627 628 629 630 632 634 635 636 640 643 645 646
Act No. House Bill
212 647 103 650 213 653 137 654 430 655 138 656 214 657 622 658 720 659 27 660 139 661 140 662 523 663 104 664 105 665 106 667 141 670 107 671 142 672 108 673 143 674 766 675 611 676 431 677 432 678 433 679 215 680 216 681 434 682 217 683 435 684 612 686 436 691 721 692 218 695 655 697 437 698 722 701 613 702 438 703 219 704 144 707 417 709 418 710 767 711 439 712 440 719 441 720 220 721 614 722 723 723 221 726
XVII
Act No.
145 554 724 542 656 222 442 615 725 223 .... 224 225 443 226 616 227 228 444 229 230 231 232 146 233
31 726 40 419 445 727 742 743 446 623 744 147 148 149 150 728 729 234 617 1 745 420 753 109 158 235 447 Veto No. 4
22
Act No. House Bill
Act No.
110 807
248
159 808
249
160 809
250
161 813
251
731
162 814
451
733
163 817
252
735
768 818
253
737
164 819
254
739
165 822
731
740
166 823
255
741
448 825
256
742
449 827
257
743
167 832
620
744
236 833
258
745
237 834
259
747
618 836
260
749
238 837
261
750
168 838
262
751
111 839
263
752
169 841
754
755
51 842
264
756
170 843
265
758
112 844
452
759
171 851
453
760
172 853
454
761
746 854
455
762
239 855
456
764
730 856
457
767
113 857
458
768
151 860
459
769
152 861
266
770
153 862
460
771
154 863
461
772
155 864
37
774
156 865.
36
776
544 866
38
778
173 868
267
780
174 869
462
781
240 870
470
782
241 871
471
783
543 872
472
785
450 876
268
791
35 877
269
793
619 878
473
794
421 879
270
798
242 880
271
801
243 881
474
802
244 882
272
803
245 885
747
804
246 887
732
805
247 890
475
xviii
House Bill
893 894 895 896 897 898 899 900 901 902 903 905 907 909 910 912 913 915 916 917 919 920 921 927 928 929 930 933 935 937 940 941 943 944 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 964
Act No. House Bill
273 965 476 970 477 971 274 973 463 974 464 975 465 976 466 977 . 467 978 ... 468 979 469 980 275 981 55 982 478 984 479 985 480 986 53 987 276 988 733 989 748 990 769 992 481 993 482 994 483 995 277 996 484 997 485 998 278 999 486 1000 487 1001 669 1002 279 1003 280 1006 488 1009 281 1010 282 1011 283 1012 489 1013 284 1014 285 1015 490 1016 491 1017 286 1018 287 1019 492 1020 288 1024 289 1025 290 1026 291 1027 493 1028 157 1029
xix
Act No.
114 494 292 495 293 294 295 296 496 297 298 299 300
50 301 497 302 ... 498 499 501 303 500 502 304 305 194 503 306 307 504 308 309 310 759 311 312 313 314 315 316 317 318 505 319 506 320 507 321 322 323 324
House Bill
1031 1032 1033 1035 1036 1037 1038 1039 1040 1044 1045 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1062 1063 1065 1067 1068 1069 1070 1071 1072 1075 1076 1077 1078 1080 1081 1082 1083 1084 1085 1088 1091 1094 1095 1098 1099 1101 1102
Act No. House Resolution
508 15
760 18
509 20
510 21
511 22
325 24
541 27
326 50
327 51
328 52
512 90
513 91
329 99
330 100
331 101
332 106
333 111
334 112
335 113
336 119
337 120
338 170
339 171
340 174
341 197
342 199
343 200
344 202
345 203
346 218
347 219
348 220
349 224
514 235
350 236
351 275
352
515
353 Senate Bill
354
355
356
6
357
7
516
9
358
10
359
11
360
12
517
14
361
15
362
16
363
17
Res. Act No.
49 19 20 15 5 21 51 22 23 24 25 26 27 1 28 6 29 30 31 32 33 34 50 35 36 37 38 39 40 41 42 43 44 45 46 47
Act No.
626 524 376 191 377 555 23 24 627 734
Senate Bill
19 23 25 26 27 30 35 39 40 41 42 43 44 53 54 55 57 59 60 61 62 68 74 75 78 82 84 86 87 88 90 91 92 94 95 102 108 110 113 114 115 116 119 121 123 125 129 130 131 133 134
Act No. Senate Bill
625 136 756 137 364 138 525 139 365 140 526 147 366 149 196 154 197 155 175 157 367 158 378 159
1 160 368 165 628 166 369 167 629 169 379 170 ., 630 171 380 172 381 177 527 178 560 179 559 182 631 184 770 185 657 188 370 191 624 197 528 199 382 200 632 202 735 204 633 205 658 207 736 210 389 213 661 214 383 216 556 218 643 219 115 220 634 221 384 224 371 226 635 227 529 230 530 232 557 234 385 236 372 237
XXI
Act No.
39 45 659 660 644 422 636 637 423 373 531 532 558 374 375 28 533 424 198 199 116 176 117 425 118 386 119 387 177 388 638 192 390 391 392 639 393 394 749 178 395 534 200 . 761 179 120 180 640 535 121 181
Senate Bill
240 243 244 245 246 250 251 252 253 254 255 256 257 259 260 262 268 269 270 271 274 276 278 280 281 283
Act No. Senate Bill
396 284
536 286
201 287
202 288
182 289
203
204
574
537 Senate Resolutions
205
122
641
4
642
6
123
9
183 18
737 27
538 33
44 41
206 44
124 50
125 52
126 91
184 102
127 106
185 168
128 176
Act No.
186 187 188 189 190
Res. Act No.
2 7 : 8 16 9 3 10 11 17 12 48 13 4 14 18
xxn
ACTS AND RESOLUTIONS
1
OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA
1985
REVENUE AND TAXATION -- MOTORCYCLE LICENSE FEES.
Code Section 48-10-2 Amended. No. 2 (House Bill No. 230). 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 the license fee for the operation of motorcycles; 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 48-10-2 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"
niijwwrn. -yftp:r" rriiijr:ut ;:i^r3iJ^TOif!iTr:,.:,,^r;
iji
2
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. 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
8.00"
Section 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective January 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved January 25, 1985.
APPROPRIATIONS -- SUPPLEMENTAL FOR F. Y. 1984-85,
No. 4 (House Bill No. 1).
AN ACT
To amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," approved April 6, 1984 (Ga. L. 1984, p. 1502), so as to change certain appropriations for the State Fiscal Year 1984-85; 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:
GEORGIA LAWS 1985 SESSION
3
Section 1. An Act providing appropriations for the State Fiscal Year 1984-85, known as the "General Appropriations Act," approved April 6,1984 (Ga. L. 1984, p. 1502), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1984, and ending June 30, 1985, as prescribed hereinafter for such State Fiscal Year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a State fund revenue estimate of $4,302,000,000 for State Fiscal Year 1985.
PART I. LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch ..................4
Operations.....................................................^
Total Funds Budgeted
$
State Funds Budgeted
$
17,273,334 17,273,334 17,273,334 17,273,334
Budget Unit Object Classes: Operations.;........
$ 17,273,334
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative
4
GENERAL ACTS AND RESOLUTIONS, VOL. I
organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Legislative Educational 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 Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
GEORGIA LAWS 1985 SESSION
5
Section 2. Department of Audits.
Budget Unit: Department of Audits.............^
1. Operations.....................................................^
Total Funds Budgeted
$
State Funds Budgeted
$
6,546,504 7,779,676 7,779,676 6,196,504
2. Tax Ratio Study Total Funds Budgeted State Funds Budgeted...
350,000
$
350,000
$
350,000
Budget Unit Object Classes:
Operations
$
Tax Ratio Study
$
Authorized Motor Vehicles
Total Positions Budgeted
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court
.$
Court Operations
........
$
Appellate Court Reports
$
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 retirement contributions, including the cost of purchasing 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 Georgia's pro rata share for the operation of the National Center for State Courts.
Provided, however, that the sum of $43,000 shall be allocated for the development of uniform rules.
7,779,676 350,000 31 190
3,072,016 2,906,616
165,400
Section 4. Court of Appeals. Budget Unit: Court of Appeals......................^
For the cost of operating the Court of Appeals of the State of Georgia, including salaries
3,337,970
6
GENERAL ACTS AND RESOLUTIONS, VOL. I
and retirement contributions ofjudges and employees of the Court.
Section 5. Superior Courts.
Budget Unit: Superior Courts........................^
Operation of the Courts
........$
Prosecuting Attorneys' Council
$
Sentence Review Panel
....$
Council of Superior
Court Judges
$
Judicial Administrative
Districts
......$
Habeas Corpus Clerk...
$
25,583,882 24,357,703
498,713 110,763
54,502
541,766 20,435
For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' 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 Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts 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 appropriation 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 additional District Attorney Emeritus position established during the fiscal year.
GEORGIA LAWS 1985 SESSION
7
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
3
For the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
129,968
Section 7. Institute of Continuing
Judicial Education.
Budget Unit: Institute of Continuing
Judicial Education
...........3
Institute's Operations
$
Georgia Magistrate Courts
Training Council
$
For the cost of staffing and operating the Institute of Continuing Judicial Education, and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
263,924 247,659
16,265
Section 8. Judicial Council. Budget Unit: Judicial Council
Council Operations Payments to Judicial
Administrative Districts for Case Counting Board of Court Reporting
3 $
$ .....$
553,148 469,180
65,000 18,968
8
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
.$
101,168
For the cost of operating the Judicial Qualifications Commission.
PART III.
EXECUTIVE BRANCH
Section 10. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services........................^
1. State Properties Commission Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
.
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Total Funds Budgeted
....$
State Funds Budgeted
...$
Total Positions Budgeted
32,749,793
248,036 6,551 2,600 -0105 -0-0-
15,593 3,670
15,000 291,555 291,555
6
2. Departmental Administration Budget:
Personal Services
$
1,338,260
GEORGIA LAWS 1985 SESSION
9
Regular Operating Expenses
$
Travel
..
..
$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
Equipment Purchases :
$
Computer Charges
.
$
Real Estate Rentals
$
Telecommunications
.
$
Per Diem, Fees and Contracts
$
Direct Payments to Georgia
Building Authority for
Capital Outlay
$
Direct Payments to Georgia
Building Authority for
Operations
$
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals
$
Health Planning Review
Board Operations
... .....
$
Georgia Golf Hall of
Fame Operations
..
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
108,369 14,545 -012,000 1,300 23,600
231,927 23,825 -0-
1,340,000
807,220
850,000
65,810
20,000 4,836,856 4,836,856
42
3. Treasury and Fiscal
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
$
Unemployment Compensation Reserve....$
State of Georgia General
Obligation Debt Sinking Fund
$
Public Safety Officers
Indemnification Fund
$
1,053,506 24,480 6,000 -049,500 336
5,989,258 79,050 18,273
103,125 11,552
-0-
608,800
bnwiVT.,!iYl->:-,
10
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
$ 7,943,880 $ 5,962,180
30
4. Central Supply Administration
Budget:
Personal Services
$
340,437
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
J
-0-
Total Funds Budgeted...
$ 7,328,655
Total Expenditures Authorized
$ 7,328,655
State Funds Budgeted
$
-0-
Total Positions Budgeted
19
5. Procurement Administration Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases:. $
Publications and Printing............:...
$
Equipment Purchases
$
Computer Charges
1........$
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
1,373,167 106,782 10,450 -049,800 2,100 247,700 199,749 37,335 -0-
2,027,083 2,027,083
53
6. General Services Administration Budget:
Personal Services Regular Operating Expenses Travel
$
317,196
$
5,950
$
6,550
GEORGIA LAWS 1985 SESSION
11
Motor Vehicle Equipment Purchases $
Publications and Printing.....
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals....
$
Telecommunications
....$
Per Diem, Fees and Contracts
$ .
Total Funds Budgeted
$
Total Expenditures Authorized
$
State Funds Budgeted
$
Total Positions Budgeted
-010,300
200 25,800 40,734 37,654
-0444,384 444,384
-011
7. Space Management
Administration Budget:
Personal Services
$
302,686
Regular Operating Expenses
$
7,288
Travel
6,000
Motor Vehicle Equipment Purchases.;.....$
-0-
Publications and Printing....
....$
400
Equipment Purchases
....$
3,764
Computer Charges
;.....$
4,000
Real Estate Rentals
$
25,650
Telecommunications
$
7,319
Per Diem, Fees and Contracts
....$
-0-
Materials for Resale..
$
-0-
Total Funds Budgeted
$
357,107
State Funds Budgeted......
$
357,107
Total Positions Budgeted
12
8. Data Processing Services Budget: Personal Services... Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Rents and Maintenance Expense Real Estate Rentals Telecommunications Payments to DOAS Fiscal Administration
$ 17,249,921
$ 1,274,975
$
60,000
$
-0-
$
51,000
$
160,000
$
164,400
$ 15,991,318
$ 1,784,023
$
314,481
$ 1,981,700
12
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts Total Funds Budgeted Total Expenditures Authorized State Funds Budgeted Total Positions Budgeted -
July 1, 1984 Total Positions Budgeted -
June 30, 1985
$
132,000
.$ 39,163,818
$ 39,163,818
$ 13,275,012
596
581
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
$
Direct Payments to Georgia
Building Authority for
Capital Outlay
$
Total Funds Budgeted
..$
Total Expenditures Authorized
$
State Funds Budgeted
$
Total Positions Budgeted
454,073 1,433,020
-0208,000
8,050 4,500
-0720
-02,500
15,000 2,125,863 2,125,863
-024
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
$ 3,204,920
$
358,000
$
11,000
..$
89,000
$
59,000
$
60,875
...$
208,800
....$
197,498
$
-0-
$
5,000
$ 29,441,872
$ 33,635,965
$ 33,635,965
GEORGIA LAWS 1985 SESSION
13
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
I $
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
Materials for Resale
$
Per Diem, Fees and Contracts
$
Utilities
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
13. Mail and Courier Services Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
6,000,000 120
1,530,655 1,566,650
-020,000
-0112,000
3,900 177,312
-0975,000
-04,385,517 4,385,517
-069
797,072 275,980
24,400 -0-
17,500 2,700 4,080 -0-
14,217 25,000 12,000 30,263 1,203,212
-040
179,161 123,539
-0-0-0-
14
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
$
200
$
-0-
$
11,997
-0-
$
-0-
.........$
-0-
.$
314,897
$
314,897
$
-0-
10
14. Risk Management Services Budget:
Personal Services
$
Regular Operating Expenses
$
Travels
$
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
t
$
Total Positions Budgeted
670,108 45,078 33,500 8,000 3,800 1,800 87,500 69,378 13,665 -035,000
967,829 967,829
-025
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing 1 i Equipment Purchases Computer Charges...... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Rents and Maintenance Expense Utilities Unemployment Compensation Reserve
$ 29,059,198
$ 5,731,476
$
175,045
$
325,000
$
261,455
$
351,225
$ 6,763,038
$ 2,902,955
$
470,439
$
305,425
$ 15,991,318
$
30,263
$
11,552
GEORGIA LAWS 1985 SESSION
15
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
Direct Payments to Georgia Building Authority for Operations
Telephone Billings Materials for Resale Public Safety Officers
Indemnity Fund Health Planning Review
Board Operations........ Georgia Golf Hall of
Fame Operations...... Total Positions Budgeted -
July 1, 1984 Total Positions Budgeted -
June 30, 1985 Authorized Motor Vehicles
$
-0-
$ 1,981,700
$ 1,355,000
$
850,000
$
807,220
$ 29,441,872
$ 7,517,830
$
608,800
$
65,810
$
20,000
1,057
1,042 286
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 Services from user agencies shall not exceed the maximum amounts listed below for each service activity:
General Services Data Processing Service
$
444,384
$ 39,163,818
16
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Pool Service Communication Services... Printing Services Total
$ 2,125,863 $ 33,635,965 $ 4,385,517 $ 79,755,547
except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service.
Provided further, the State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services.
Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.
B. Budget Unit: Georgia Building Authority
Georgia Building Authority Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges.....,r... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts .....v Capital Outlay Authority Lease Rentals Utilities ,,
-0-
$ 13,043,220
$ 3,017,000
$
4,000
$
8,000
$
22,000
$
92,720
$
-0-
$
43,737
$
70,900
....$
113,000
$ 2,990,000
$
829,600
$ 6,512,000
GEORGIA LAWS 1985 SESSION
17
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
........$
-0-
$ $ .......$
-026,746,177
-0518
39
The expenditure object amounts displayed above represent the budget unit object totals.
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.
The Authority is authorized and directed to use $590,000 of existing reserves to fund the capital projects contained in the Governor's amended budget report.
Provided, however, the Georgia Building Authority is authorized and directed to utilize up to $317,000 in existing reserves to prepare for occupancy of the Floyd Building by the Department of Natural Resources.
Section 11. Department of Agriculture.
A. Budget Unit: Department of
Agriculture..
......3
State Operations Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment
Purchases
$
Publications and Printing
$
24,431,009
21,087,346 2,162,436 825,850
473,868 566,760
18
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases
Computer Charges
.
Real Estate Rentals
-
Telecommunications
Per Diem, Fees and Contracts .
Market Bulletin Postage
Payments to Athens and Tifton
Veterinary Laboratories
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston
Statesboro and Tifton
Veterinary Fees
Indemnities
Bee Indemnities
Advertising Contract
Payments to Georgia Agrirama
Development Authority for
Operations
Renovation, Construction,
Repairs and Maintenance
Projects at Major
and Minor Markets
Capital Outlay
Contract - Federation of
Southern Cooperatives
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$
108,318
$
165,063
$
598,257
$
332,409
$
265,272
$
526,000
$ 1,595,588
..$ 1,191,357
$
510,000
$
58,000
$
40,000
$
95,000
$
286,000
$
475,000
$
100,000
$
60,000
$ 31,522,524
$ 24,431,009
903
271
The expenditure object amounts displayed above represent the budget unit object totals.
Department of Agriculture Functional Budgets
Plant Industry
Total Funds State Funds Pos. $ 4,598,283 $ 4,034,046 171
Animal Industry
$ 5,046,591 $ 4,695,712
57
GEORGIA LAWS 1985 SESSION
19
Marketing
$ 1,455,102 $ 1,442,102
41
General Field Forces
$ 2,593,221 $ 2,593,221 107
Internal Administration $ 2,898,549 $ 2,828,065
55
Information and Education
$ 1,195,818 $ 1,195,818
8
Fuel and Measures
$ 1,930,937 $ 1,926,937
71
Consumer Services
$
859,116 $
859,116
27
Consumer Protection Field Forces
$ 3,965,498 $ 3,105,517 130
Meat Inspection
$ 3,310,469 $ 1,320,067 122
Major Markets
$ 3,445,462 $
430,408 106
Seed Technology
$
223,478 $
-0-
8
Undistributed
$^
-0- $
-0-
0
Total
$ 31,522,524 $ 24,431,009 903
Provided, that of the above appropriation relative 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 relating to research and promoting.
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 Markets, no expenditure shall be made without
i.^tnt':*pi!i!W`l!'n:'ifif|:|ij|i^:^yi|>V|: it; ', 'Vf.jpI-
20
GENERAL ACTS AND RESOLUTIONS, VOL. I
prior approval of the Georgia Building Authority (Markets).
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 Veterinary 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
4
Georgia Agrirama Development
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
$
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.
-0-
482,110 110,093
6,903 20,030
7,964 4,015
-0-06,900 28,800 -095,010 761,825 -027
GEORGIA LAWS 1985 SESSION
21
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.
3,971,176
3,102,489 137,610 275,000 134,850 13,830 7,100 116,059 143,200 39,038 2,000
3,971,176 3,971,176
102 21
Section 13. Department of Community
Affairs.
A. Budget Unit: Department of
Community Affairs ................................4
State 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
$
Capital Felony Expenses
$
Contracts with Area Planning
and Development Commissions
$
6,161,697
3,944,824 146,310 185,150
-062,400
950 25,000 255,708 99,948 54,021,040
-0-
1,282,500
22
GENERAL ACTS AND RESOLUTIONS, VOL. I
Local Assistance Grants
I $
Appalachian Regional Commission
Assessment......... NHj
$
Community Development Block
Grants (Federal)
$
Juvenile Justice
Grants (Federal)
$
Grant - Richmond County
$
Economic Development Grants
$
Payment to Georgia
Development Authority
$
Total Funds Budgeted
...$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
1,177,480
91,027
36,000,000
1,000,000 100,000 155,000
350,000 98,897,337
6,161,697 118 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
$ 3,697,699 $ 3,624,299
18
Technical Assistance
$ 2,035,376 $
952,358
26
Community and Economic Development
$ 37,320,742 $
926,801
30
Intergovernmental Assistance
$
858,176 $
658,239
17
Job Training Partnership Act
$ 54,985,344 $
-0-
27
Undistributed
$
-0- $
-0-
0
Total
$ 98,897,337 $ 6,161,697 118
It is the intent of this General Assembly, that the Department of Community Affairs is
GEORGIA LAWS 1985 SESSION
23
authorized and directed to expend a portion of available Job Training Partnership Act funds for supplementing and expanding existing or new Quick Start programs.
Provided, however, that of the above appropriation, $100,000 is designated and committed for Richmond County to contract with Paine College for a study and development of a proposed Center for Performing Arts.
B. Budget Unit: Georgia Residential
Finance Authority
.$
-0-
i 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
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
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases.......$
Publications and Printing.
....$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$ $
Telecommunications
$
Per Diem, Fees and Contracts
$
215,000 5,500 8,000 -09,500 -0-
20,000 15,000
7,000 70,000
24
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 Per Diem, Fees and Contracts...., Rental Assistance Payments Grants to Housing Sponsors Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ $
$ $ $
$ $ .........$ $ $ $ $ $ $ $ $
350,000 -04
2,017,630 238,466 77,814
51,800 67,224 39,925 52,799 154,031 81,652 287,774 11,000,000 500,000 14,569,115
-086 29
Section 14. Office of Comptroller
General.
Budget Unit: Office of Comptroller
General
7,030,540
Operations Budget:
Personal Services
....$ 6,076,054
Regular Operating Expenses..
...$
308,957
Travel
$
174,500
Motor Vehicle Equipment Purchases $
70,000
Publications and Printing
$
125,866
Equipment Purchases
$
46,918
Computer Charges
........$
313,020
Real Estate Rentals
|j
$
469,325
Telecommunications
$
114,377
Per Diem, Fees and Contracts,...
$
42,250
Total Funds Budgeted
$ 7,741,267
State Funds Budgeted
$ 7,030,540
Total Positions Budgeted
249
Authorized Motor Vehicles
57
GEORGIA LAWS 1985 SESSION
25
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 $ 1,054,802 $ 1,054,802
20
Insurance Regulation
$ 1,917,174 $ 1,811,180
56
Industrial Loans Regulation
$
472,911 $
472,911
13
Information and Enforcement
$ 1,313,462 $ 1,313,462
45
Fire Safety and Mobile
Home Regulations
$ 2,982,918 $ 2,378,185 115
Undistributed
$_
-0- $
-0-
0
Total
$ 7,741,267 $ 7,030,540 249
Section 15. Department of Defense.
Budget Unit: Department of Defense
.$
1. Office of the Adjutant General
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
$
Grants to Locals -
EMA (P&A)
$
3,932,464
870,732 16,015 6,948 9,800 3,450 -010,800 -02,059 10,000
1,075,000
26
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.....
$
State Funds Budgeted
$
Total Positions Budgeted
2. Georgia Emergency Management
Agency 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
$
Civil Air Patrol Contract
$
Local Civil Defense Grants -
Project Application
$
Grants to Others
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
3. Georgia Air National Guard
Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
.*.
I
$
Per Diem, Fees and Contracts
....$
Utilities
$
Capital Outlay
$
Total Funds Budgeted
$
State Funds Budgeted..
$
Total Positions Budgeted
2,004,804 787,656 22
1,080,139 105,216 37,953 -022,806 15,100 9,581 6,160 43,393 80,500 24,100 40,000
64,473 32,800 1,562,221 545,016
39
1,437,670 297,092 300 -0600 -0-0-0-0-0784,860 -0-
2,520,522 320,109 68
GEORGIA LAWS 1985 SESSION
27
4. Georgia Army National Guard
Budget:
Personal Services
$ 1,727,909
Regular Operating Expenses
$
577,564
Travel
1
$
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
$
969,000
Total Funds Budgeted..
.$ 4,434,359
State Funds Budgeted
$ 2,279,683
Total Positions Budgeted
84
Budget Unit Object Classes:
Personal Services
Regular Operating Expenses
Travel
Motor Vehicle Equipment Purchases
Publications and Printing
Equipment Purchases
Computer Charges
i
Real Estate Rentals
Telecommunications
Per Diem, Fees and Contracts
Utilities
I
Grants to locals -
EMA (P&A)
National Guard Units Grants
Georgia Military Institute Grant...
Civil Air Patrol Contract
Capital Outlay
Local Civil Defense Grants
Project Application
Grants to Others
Repairs and Renovations
$ $ $ $ $ $ $ $ $ ....$ $
$ $ $ $ $
$ $ $
5,116,450 995,887 48,901 18,800 41,156 32,910 20,381 6,160 68,983 99,500
1,438,505
1,075,000 435,000 18,000 40,000 -0-
64,473 32,800 969,000
28
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Positions Budgeted
213
Authorized Motor Vehicles
20
Section 16. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education.................................................^ 1 650,362,844 Operations:
Personal Services
$ 19,218,676
Regular Operating Expenses
$ 2,351,505
Travel
$
968,242
Motor Vehicle Equipment
Purchases
$
-0-
Publications and Printing
$
686,834
Equipment Purchases
$
294,935
Computer Charges
$ 1,024,351
Real Estate Rentals
.
$ 2,006,182
Telecommunications
$
547,056
Per Diem, Fees and Contracts
$ 5,681,000
Utilities
.
$
53,540
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a)..
$ 685,378,634
Salaries of Instructional
Personnel Code Section
20-2-152
$ 121,199,175
Salaries of Instructional
Personnel Code Section
20-2-153
$ 31,167,705
Salaries of Student
Supportive Personnel
$ 28,972,713
Salaries of Administrative
and Supervisory
Personnel
$ 77,014,378
Special Education
Leadership Personnel....
$ 3,493,971
Instructional Media
$ 20,479,344
Instructional Equipment
$
708,726
Maintenance and Operation
$ 97,849,235
Sick and Personal Leave
$ 5,653,832
Travel
$ 1,039,465
Pupil Transportation
$ 87,294,814
Isolated Schools
$
602,042
GEORGIA LAWS 1985 SESSION
29
Non-APEG Grants:
Education of Children of
Low-Income Families
Teacher Retirement
Instructional Services for
the Handicapped!;.....
Preparation of Professional
Personnel in Education
of Handicapped Children
Tuition for the Multi-
handicapped
Severely Emotionally
Disturbed
Compensatory Education......
School Lunch (Fed.)
School Lunch (State)
1
Supplemental Education
Centers and Services..
Staff Development
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification
Cooperative Educational
Service Areas
Superintendents Salaries
High School Program
Area School Program
Career Education
Junior College Program
Refugee Children
Transition Act
Quick Start....!.;
Nutrition Education
Special Projects
Job Training and
Partnership Act
Vocational Research and
Curriculum
Adult Education
Salaries and Travel of
Public Librarians
Public Library Materials...
Talking Book Centers
...$ 98,876,322 $ 134,980,856
$ 22,688,125
$
95,075
$ 1,172,000
$ 17,530,409 $ 17,893,010 $ 94,136,740 $ 18,033,177
$
-0-
...$
800,000
.....$ 3,898,856
....$ .....$
$ $ $ $
4,233,967 5,394,221 34,030,844 67,764,986
-02,550,647
$
154,806
$ 3,150,000
$
-0-
$
366,500
$ 7,000,000
$
830,618
$ 3,564,404
$ ....$
$
4,780,493 4,008,314
671,240
30
GENERAL ACTS AND RESOLUTIONS, VOL. I
Public Library M & O
Public Library Construction
Instructional Aides...
Teacher Health Insurance
Health Insurance - Non
Certificated Personnel
Teacher Health Insurance -
Retired Teachers....
Capital Outlay
Grants to Local School
Systems for Educational
Purposes
Area Vocational-Technical
School Construction
Salaries of Extended
Pre-School Personnel
Child Care Lunch
Program (Federal)
Chapter II - Block Grant
Flow Through
Total Funds Budgeted
Indirect DOAS Services
Funding
i
State Funds Budgeted
Total Positions Authorized
Authorized Motor Vehicles
$ 2,816,840 $ 2,061,822 $ 10,412,655 $ 41,834,058
$ 11,300,000
,...$ 7,807,000
$
-0-
$ 78,000,000
$
350,000
$ 14,327,520
$ 13,000,000
$ 9,078,632 $1,933,280,492
$
340,000
$1,650,362,844
658
6
The expenditure object amounts displayed above represent the budget unit object totals.
Education Functional Budgets
Total Funds State Funds Pos.
Instructional Services
Governor's Honors Program
Vocational Education
Public Library Sendees
$ 6,801,289 $ 3,957,125 168
$
768,041 $
753,041
2
$ 5,640,774 $ 2,219,268
98
$ 1,811,583 $
886,655
42
GEORGIA LAWS 1985 SESSION
31
State Administration
$ 1,929,357 $ 1,470,967
31
Administrative Services
$ 9,761,738 $ 5,410,301 209
Planning and Development
$ 5,391,240 $ 4,500,020
97
Professional Standards Commission $
146,776 $
146,776
Vocational Advisory
Council
$
185,607 $
-0-
Professional
Practices Commission $
395,916 $
395,916
7
Local Programs
$1,900,448,177 $1,630,622,775
0
Undistributed
$
-0- $
KM
0
Total
$1,933,280,492 $1,650,362,844 658
Provided, that of the above appropriation relative to the Quick Start program, $150,000 is specifically appropriated as matching funds for training in the Chatham County area.
B. Budget Unit: Institutions17,669,388
Institutional Operations:
Personal Services
.
$ 14,973,003
Regular Operating Expenses
$ 2,787,618
Travel
$
69,979
Motor Vehicle Equipment
Purchases
$
81,500
Publications and Printing
.
$
22,560
Equipment Purchases
339,235
Computer Charges.........
.......$
121,469
Telecommunications
.........$
109,501
Per Diem, Fees and Contracts
$
174,720
Utilities
1,746,610
Capital Outlay
.$
-0-
Total Funds Budgeted
...$ 20,426,195
32
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 17,669,388 678 80
The expenditure object amounts displayed above represent the budget unit object totals.
Institutions Functional Budgets
Georgia Academy for the Blind
Total Funds State Funds Pos. $ 3,780,634 $ 3,455,660 147
Georgia School for the Deaf
$ 6,039,703 $ 5,744,743 233
Atlanta Area School for the Deaf
$ 2,781,250 $ 2,516,462 100
North Georgia
V ocational-Technical
School
$ 4,301,102 $ 3,118,358 106
South Georgia
V ocational-Technical
School
$ 3,523,506 $ 2,834,165
93
Undistributed
$
-0- $
-0-
0
Total
$ 20,426,195 $ 17,669,388 679
C. Budget Unit: Board of Postsecondary
Vocational Education.............
J$
Board of Postsecondary Vocational
Education Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
396,737
332,651 73,419 13,200
GEORGIA LAWS 1985 SESSION
33
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing
$
7,000
Equipment Purchases
$
9,900
Computer Charges
$
18,000
Real Estate Rentals...
....$
47,158
Telecommunications
$
12,000
Per Diem, Fees and Contracts
....$
140,000
Total Funds Budgeted.....
......;
$
653,328
State Funds Budgeted
396,737
Total Positions Budgeted
9
The expenditure object amounts displayed above represent the budget unit object totals.
Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.
Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall bear the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.
Provided, further, that for kindergarten programs, each system shall be allotted instructional units on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except 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 relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of projected miles for mid-day
34
GENERAL ACTS AND RESOLUTIONS, VOL. I
transportation. However, allotments shall not exceed actual cost of midday transportation by the local system.
Provided, however, in order to permit extension 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 reimbursable basis to the extent that the $12,568 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include salary, retirement and health insurance where eligible.
Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
Provided 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, relative to special education $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, further, of funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media, for all Special
GEORGIA LAWS 1985 SESSION
35
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 teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
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 accordance 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 designated and committed to fund a State level staff development program specifically for Special Education Teachers (Code Section 20-2-152) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools.
Provided, that of the above appropriations relative to APEG Code Sections 20-2-152, 202-153, 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 fis-
36
GENERAL ACTS AND RESOLUTIONS, VOL. I
cal year with the prior approval of the Office of Planning and Budget.
Provided, that of the above appropriation relative to Compensatory Education, $17,893,010 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 system's 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 system's Compensatory Education Plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two.
Funds shall be distributed on the basis of the number of students in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test administered to all students enrolled at these grade levels.
Provided, that the funds appropriated herein for local school construction shall be used to complete 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.
GEORGIA LAWS 1985 SESSION
37
Provided further that Special Project Funds appropriated for Atkinson County shall not be used in the entitlement calculations for school construction purposes.
Section 17. Employees* Retirement
System.
Budget Unit: Employees' Retirement
System
Employees' Retirement System 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
,1
Benefits to Retirees
Employer Contribution
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
10,467,714
$
671,838
$
13,623
$
8,500
$
-0-
$
20,000
$
4,500
$
146,447
$
74,046
$
12,318
$
436,800
$
50,000
$ 2,125,000
$ 8,342,714
$ 11,905,786
$ 10,467,714
28
1
The expenditure object amounts displayed above represent the budget unit object totals.
Section 18. Forestry Commission.
Budget Unit: Forestry Commission ..............3
State Operations Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment
Purchases
$
Publications and Printing
$
24,981,354
19,385,020 4,454,053 110,780
1,336,392 85,000
38
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Contractual Research Payments to the University of
Georgia, School of Forestry for Forest Research...... Ware County Grant Wood Energy Program .....a Contract - Southern Forestry World Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ ....$ .......$
$ $ $
1,745,381 158,825 18,256 538,817 89,879 230,000
,...$
300,000
$
60,000
....$
147,790
$
-0-
$
151,500
|
$ 28,811,693
$ 24,981,354
864
751
The expenditure object amounts displayed above represent the budget unit object totals.
Forestry Commission Functional Budgets
Reforestation
Total Funds State Funds Pos.
$ 2,116,811 $
528,008
36
Field Services
$ 24,884,730 $ 22,658,594 794
Wood Energy
$
147,790 $
147,790
4
General Administration
and Support
$ 1,662,362 $ 1,646,962
30
Undistributed Total
$
-0- $
-0-
0
$ 28,811,693 $ 24,981,354 864
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.
GEORGIA LAWS 1985 SESSION
39
Section 19. Georgia Bureau of
Investigation.
Budget Unit: Georgia Bureau
of Investigation
Operations Budget:
Personal Services...
Regular Operating Expenses
Travel
Motor Vehicle Equipment
Purchases
Publications and Printing
Equipment Purchases
Computer Charges
*....
Real Estate Rentals. iV.
Telecommunications
Per Diem, Fees and Contracts
Evidence Purchased
Utilities
Postage
Capital Outlay...........
Total Funds Budgeted
Indirect DOAS Funding
Total State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
.$ 21,620,785
,...$ $ $
14,329,974 1,576,374 465,125
$
725,500
$
86,950
$
513,960
2,423,042
$
665,895
.....$
903,558
$
24,225
$
350,000
....$
90,480
$
62,140
$
803,562
$ 23,020,785
$ 1,400,000
.....$ 21,620,785
480
299
The expenditure object amounts displayed above represent the budget unit object totals.
Georgia Bureau of Investigation Functional Budgets
Administration
Total Funds State Funds Pos.
$ 1,588,213 $ 1,588,213
23
Drug Enforcement
$ 3,840,503 $ 3,840,503
64
Investigative
$ 8,106,031 $ 8,106,031 207
Forensic Sciences
$ 4,340,517 $ 4,340,517
90
Georgia Crime Information Center
$ 5,145,521 $ 3,745,521
96
40
GENERAL ACTS AND RESOLUTIONS, VOL. I
Undistributed
$
^ $
-0-
0
Total
$ 23,020,785 $ 21,620,785 480
Provided, however, the Georgia Bureau of Investigation is authorized to utilize $300,000 of excess bond proceeds for the GBI Headquarters Building, with the balance of bond proceeds to be applied to reduce bonded debt.
Section 20. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission......................^
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
$
Total Funds Budgeted....
$
Total Expenditures Authorized
$
State Funds Budgeted
Total Positions Budgeted
The expenditure object amounts displayed above represent the budget unit object totals.
-0-
931,052 39,670 10,000 -01,000 3,000 14,300 86,130 14,000
122,000 1,221,152 1,221,152
-025
Section 21. Office of the Governor.
A. Budget Unit: Governor's Office..............^
1. Governor's Office Budget:
Cost of Operations
$
Mansion Allowance
$
Governor's Emergency Fund
$
5,308,275
2,059,090 40,000
2,515,000
GEORGIA LAWS 1985 SESSION
41
Intern Stipends and Travel Total Funds Budgeted State Funds Budgeted
$ $ *;.....$
122,000 4,736,090 4,736,090
There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.
Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.
2. Office of Fair Employment Practices
Budget:
Personal Services
3
421,044
Regular Operating Expenses..;.-. 40,651
Travel....
....$
10,815
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing .7........;:.... $
2,650
Equipment Purchases
7 ..7.
$
26,000
Computer Charges
$
-0-
Real Estate Rentals
$
69,921
Telecommunications.
.
$
15,167
Per Diem, Fees and Contracts
$
18,000
Total Funds Budgeted
$
604,248
State Funds Budgeted
$
572,185
Total Positions Budgeted
15
Budget Unit Object Classes: Cost of Operations Mansion Allowance
....;.
$ 2,059,090
$
40,000
42
GENERAL ACTS AND RESOLUTIONS, VOL. I
Governor's Emergency Fund
$ 2,515,000
Intern Stipends and Travel
$
122,000
Personal Services
$
421,044
Regular Operating Expenses
$
40,651
Travel
$
10,815
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing
.....$
2,650
Equipment Purchases
.. 26,000
Computer Charges.............
$
-0-
Real Estate Rentals.....;........... ;
$
69,921
Telecommunications.......
....$
15,167
Per Diem, Fees and Contracts
$
18,000
Total Positions Budgeted
15
Authorized Motor Vehicles
1
B. Budget Unit: Office of Planning
and Budget
.$ 3,787,917
Office of Planning and
Budget Budget:
Personal Services........
$ 2,895,679
Regular Operating Expenses
$
87,830
Travel
:.l......
$
65,600
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing..............;?..
$
34,000
Equipment Purchases
$
1,000
Computer Charges
$
308,552
Real Estate Rentals.^.
$
190,840
Telecommunications
$
54,416
State Fair and Livestock
Exposition
$
125,000
Per Diem, Fees and Contracts
$
75,000
Total Funds Budgeted
$ 3,837,917
State Funds Budgeted
$ 3,787,917
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......................
J$ 4,252,051
1. Council of the Arts Budget:
Personal Services
....$
264,876
Regular Operating Expenses
..$
8,353
GEORGIA LAWS 1985 SESSION
43
Travel
I
.:
......$
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
$
489,982
Art Grants - Donations
36,100
Total Funds Budgeted
.....$ 2,333,985
State Funds Budgeted
$
1,716,699
Total Positions Budgeted
11
2. Office of Consumer Affairs:
Personal Services
$ 1,090,371
Regular Operating Expenses.......
$
39,100
Travel
$
11,000
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing....
6,000
Equipment Purchases
$
9,020
Computer Charges
i...,......,....$
20,684
Real Estate Rentals
$
155,822
Telecommunications
$
98,047
Per Diem, Fees and Contracts
$
4,000
Total Funds Budgeted
$
1,434,044
State Funds Budgeted.....
$
1,434,044
Total Positions Budgeted
42
3. State Energy Office Budget:
Personal Services
.*.... $
322,889
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
$ 5,055,365
44
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted
$
Total Positions Budgeted
4. Governor's Committee on
Post-Secondary Education 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
5. Consumer's Utility Counsel 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
6. Criminal Justice Coordinating
Council Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases .$
Publications and Printing
$
Equipment Purchases
$
Computer Charges
$
230,759 9
113,041 9,540 1,500 -08,700 -05,000
14,802 2,549 7,050
162,182 162,182
3
308,285 9,205 3,000 -0700 2,000
15,000 20,828
5,865 75,500 440,383 440,383
10
194,865 11,200 8,575 -04,635 -0-0-
GEORGIA LAWS 1985 SESSION
45
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
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
$
Art Grants - State Funds
$
Art Grants - Federal Funds
$
Art Grants - Donations
Total Positions Budgeted
Authorized Motor Vehicles
Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of the State-Funded Art Grants is designated and committed for Grants to Counties, Cities and Non-Profit Organizations in the State of Georgia.
28,768 4,241
15,700 267,984 267,984
5
2,294,327 95,078 45,035 -047,674 12,020 40,684
259,820 130,870 4,773,547 1,468,806 489,982
36,100 80 0
Section 22. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities
Grants to Counties
.........$
Grants to Municipalities
$
Total Funds Budgeted
$
State Funds Budgeted
$
The expenditure object amounts displayed above represent the budget unit object totals.
8.500.000 3.250.000
5.250.000 8.500.000 8,500,000
46
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 23. Department of Human
Resources.
A. Budget Unit: Departmental
Operations...............................................^ 1. General Administration and
Support Budget:
Personal Services
......$
Regular Operating Expenses
$
Travel...
....
$
Motor Vehicle Equipment
Purchases
I
$
Publications and Printing
$
Equipment Purchases
...$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Utilities
$
Postage
$
Capital Outlay .
$
Menninger Group Homes
$
Benefits for Child Care
$
Contract - Georgia
Advocacy Office, Inc !.....
$
Toted Funds Budgeted..
......$
Indirect DOAS Services Funding.
....$
Indirect GBA Funding........................... $
Agency Funds
$
Social Services
Block Grant Funds
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
267,187,190
26,183,735 1,049,963 767,135
-0201,810 122,394 1,293,386 3,235,169 623,565 9,495,126 178,150 599,850 915,248 376,000 1,066,000
215,000 46,322,531
638,300 -0-
23,209,219
1,655,800 20,819,212
965 7
General Administration and Support Functional Budgets
Commissioner's Office
Total Funds State Funds Pos.
$
572,915 $
572,915
13
Administrative Appeals $
828,797 $
828,797
25
GEORGIA LAWS 1985 SESSION
47
Administrative Policy,
Coordination, and
Direction
$
Personnel
$
Support Services
$
Systems Planning,
Development and
Training
$
EDP-Planning and
Coordination
$
Indirect Cost
$
Facilities Managements $
Community/
Intergovernmental
Affairs
$
Budget Administration $
Accounting Services
$
Auditing Services
$
Special Projects
$
Children and Youth
Planning
$
Troubled Children
Benefits
$
Developmental
Disabilities
$
Council on Maternal
and Infant Health
$
Council on Family
Planning
$
194,386 $
194,386
5,151,029 $ 5,093,537
2,258,271 $ 1,982,693
55,201 $
55,201
285,949 $
85,949
-0- $ (5,366,124)
4,640,944 $ 3,667,001
739,805 $
739,805
1,395,977 $ 1,395,977
3,456,900 $ 3,456,900
1,650,502 $ 1,650,502
281,900 $
281,900
163,221 $
163,221
1,442,000 $ 1,442,000
246,231 $
-0-
101,886 $
101,886
6,400 $
640
4 47 60
0 0 11
20 43 150 47
0 4 0 6 3 0
48
GENERAL ACTS AND RESOLUTIONS, VOL. I
Community Services
$ 8,911,896 $
-0-
12
Regulatory Services -
Program Direction and
Support
$
286,906 $
286,906
8
Child Care Licensing
$ 1,467,730 $ 1,435,730
53
Laboratory Improvement
$
569,323 $
439,278
17
Health Care Facilities
Regulation
$ 1,851,251 $
589,933
54
Compliance Monitoring $
299,217 $
299,217
9
Radiological Health
$
592,524 $
443,514
21
Fraud and Abuse
$ 1,810,096 $
221,404
53
Child Support Recovery $ 7,061,274 $
756,044 301
Undistributed
$
-0- $
-0-
0
Total
$ 46,322,531 $ 20,819,212 965
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
$
27,909,996 44,384,406
923,464 9,332
279,836 102,130 350,818 515,341 464,093 12,837,251
-078,621 517,572
3,879,000
GEORGIA LAWS 1985 SESSION
49
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 Grant to Counties for Metabolic Disorders Screening and Treatment Contract - Macon-Bibb County Hospital Authority Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$
175,000
$ 4,354,000
$
605,000
$ 2,105,400
$
100,000
$ 3,994,000
$
42,000
$
115,000
$
78,000
$ 38,695,308
$
210,000
$
115,000
$
301,530
$
250,000
$
45,000
$ 5,500,000
$ 148,937,098
$
549,718
$ 71,052,283
$ 77,335,097
1,072
6
Public Health Functional Budgets
Total Funds State Funds Pos.
Director's Office
$
528,017 $
330,792
7
Employee's Health
$
263,242 $
228,242
9
50
GENERAL ACTS AND RESOLUTIONS, VOL. I
Health Program Management
Vital Records
$
784,127 $
699,127
27
$ 1,206,865 $ 1,184,365
60
Health Services Research
$
508,223 $
285,405
12
Primary Health Care
$
518,522 $
518,522
15
Stroke and Heart Attack
Prevention
$ 1,569,287 $ 1,039,287
24
Epidemiology
$
811,458 $
461,354
12
Immunization
$
370,568 $
-0-
10
Sexually Transmitted
Diseases
$ 1.331.798 $
293,999
33
Community Tuberculosis
Center
$ 1.179.799 $ 1,065,207
27
Family Health Management
$ 6,618,838 $
965,177
22
Infant and Child Health $ 5,422,611 $ 5,305,111
14
Maternal HealthPerinatal
Family Planning Malnutrition
Dental Health
$
242,929 $
-0-
5
$ 7,719,440 $ 2,863,178 185
$ 47,794,284 $
-0-
28
$ 1,291,988 $ 1,081,813
20
Children's Medical Services
Chronic Disease
Diabetes
$ 7,050,238 $ 4,271,738
87
$ 1,590,914 $ 1,590,914
20
$
388,051 $
302,746
4
GEORGIA LAWS 1985 SESSION
51
Cancer Control
$ 2,862,394 $ 2,862,394
6
Coordination, Education
Sand Prevention
$
341,696 $
-0-
6
Environmental Health $
868,259 $
329,487
8
Laboratory Services
$ 4,068,525 $ 3,403,227 121
Emergency Health
$ 2,040,717 $
980,217
22
Minimum Foundation
$ 7,301,540 $ 7,171,865 189
Newborn Follow Up Care
$
499,231 $
316,281
22
Sickle Cell, Vision, and Hearing
$
963,511 $
963,511
15
High Risk Pregnant
Women and Infants
$ 4,504,808 $ 4,504,808
19
Grant in Aid to Counties $ 36,979,622 $ 33,616,769
0
Teenage Pregnancy Prevention
$
250,000 $
250,000
0
Community Care
$ 1,065,596 $
449,561
43
Undistributed
$
^0- $
-0-
0
Total
$ 148,937,098 $ 77,335,097 1,072
3. Mental Health - Program
Direction and Support Budget:
Personal Services
..$ 4,191,946
Regular Operating Expenses...... 113,640
Travel
.........$
123,000
Motor Vehicle Equipment Purchases.......$
-0-
Publications and Printing
.....$
40,200
Equipment Purchases......
....$
2,669
Computer Charges
$
1,545,957
Real Estate Rentals...
-0-
52
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications Per Diem, Fees and Contracts Utilities Postage Contract with
Housing Alternatives Total Funds Budgeted Social Services Block Grant Funds Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted
$
240,223
$
191,000
$
-0-
$
1,060
$
70,000
$ 6,519,695
$
15,000
$ 1,000,197
$
449,354
$ 5,055,144
127
Mental Health - Program Direction and Support Functional Budgets
Total Funds State Funds Pos.
Administration
$ 3,958,393 $ 2,817,530
63
MH/MR Advisory Council
$
36,036 $
36,036
Special Projects and Contracts
$
51,434 $
-0-
2
Program Coordination $ 2,473,832 $ 2,201,578
61
Undistributed
$
-0- $
-0-
0
Total
$ 6,519,695 $ 5,055,144 127
4. Purchase of Social Services: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications B
$
-0-
$
-0-
$
-0-
$
-0-
$
-0-
$
-0-
$
-0-
$
-0-
$
-0-
GEORGIA LAWS 1985 SESSION
53
Per Diem, Fees and Contracts Utilities Postage W.I.N. Benefits Benefits for Child Care Total Funds Budgeted Agency Funds Social Services
Block Grant Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 21,902,241
$
-0-
$
-0-
$
479,964
$ 16,280,960
$ 38,663,165
$ 9,309,544
$ 15,065,140 $ 14,288,481
0 111
Purchase of Social Services Functional Budgets
Total Funds State Funds Pos.
Work Incentive Benefits $ 2,396,612 $
239,661
0
Legal Services
$
574,000 $
349,000
0
Family Foster Care
$ 12,899,683 $ 8,218,253
0
Institutional Foster Care $ 1,813,012 $ 1,014,102
0
Specialized Foster Care $
317,793 $
23,500
0
Adoption Supplement
$
820,800 $
789,200
0
Liability Insurance
$
16,000 $
16,000
0
Emergency Shelter Care $
99,400 $
99,400
0
Day Care
$ 18,669,068 $ 3,113,916
0
Psychiatric, Psychological and Speech Therapy
$
130,000 $
130,000
0
Maternity Care
$
50,000 $
50,000
0
Return of Runaways
County
$
7,000 $
7,000
0
54
GENERAL ACTS AND RESOLUTIONS, VOL. I
Home Management -
Contracts
$
161,912 $
33,728
0
Outreach - Contracts
$
670,885 $
167,721
0
Special Projects
$
37,000 $
37,000
0
Undistributed
$
-0- $
-0-
0
Total
$ 38,663,165 $ 14,288,481
0
5. Youth Services - Program
Direction and Support:
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
$
Benefits for Child Care
$
Total Funds Budgeted
$
Indirect DOAS Services Funding
$
Agency Funds
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
1,216,928 27,855 27,965 -06,050 1,693 60,000 -029,795 53,500 -0-0-0-
1,423,786 -0-0-
1,423,786 38 0
Services to the Aged Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing..... Equipment Purchases Computer Charges Real Estate Rentals
$ 1,747,219
$
38,294
$
52,275
$
-0-
$
26,000
$
6,546
$
800
$
11,467
GEORGIA LAWS 1985 SESSION
55
Telecommunications
Per Diem, Fees and Contracts
Utilities
t
Payments to DMA
%
Postage
...
I
Total Funds Budgeted
Social Services
Block Grant Funds
Agency Funds
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
..$
44,162
$ 22,929,371
$
-0-
$ 2,938,465
$
1,700
$ 27,796,299
$ 2,998,100 $ 18,888,022 $ 5,910,177
61 224
Services to the Aged Functional Budgets
Total Funds State Funds Pos.
Administration and Planning
$ 2,804,201 $
724,268
42
Aging Services
$ 20,999,100 $ 1,832,400
0
Alternative Health Services
$ 3,992,998 $ 3,353,509
19
Undistributed Total
$
-0- $
-0-
0
$ 27,796,299 $ 5,910,177
61
7. Rehabilitation Services Budget:
Personal Services...........
$
Regular Operating Expenses...
$
Travel
....$
Motor Vehicle Equipment
Purchases
....$
Publications and Printing
$
Equipment Purchases
.........H...
$
Computer Charges
........$
Real Estate Rentals...;
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Utilities
.....$
Postage
....$
21,609,831 1,064,849 543,900
14,500 59,100 17,067 750,763 936,029 554,082 824,772 212,300 87,900
iMTmilfwinTiMmHi
56
GENERAL ACTS AND RESOLUTIONS, VOL. I
Institutional Repairs
and Maintenance
Grants for Nephrology Centers
Contract with Vocational
Rehabilitation Community
Facilities
Contract for Epilepsy Case Services
......J.
E.S.R.P. Case Services
Contract with the Affirmative
Industries
Contract with
RCW Industries, Inc
Total Funds Budgeted
Indirect DOAS Services Funding
Agency Funds
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$
155,000
$
239,000
$ 4,075,000
$
65,000
$ 9,202,500
$
75,000
.....$
110,000
$
143,000
$ 40,739,593
$
50,000
$ 29,769,059
$ 10,920,534
806
24
Rehabilitation Services Functional Budgets
Total Funds State Funds Pos.
Program Direction and Support
$ 2,586,751 $
917,262
50
Grants Management
$
552,984 $
463,214
2
Atlanta Rehabilitation
Center
$ 1,913,608 $
407,108
70
Alto Rehabilitation Center
$
286,121 $
61,729
10
Rehabilitation Center for the Deaf - Cave Spring $
574,746 $
244,266
16
Central Rehabilitation
Center
$
510,435 $
110,290
19
Georgia Vocational
Adjustment Center
Gracewood
$
382,768 $
82,446
17
GEORGIA LAWS 1985 SESSION
57
Ireland Rehabilitation
Center
$
350,997 $
73,995
13
M. S. McDonald
Evaluation Center
$
165,703 $
35,599
6
J. F. Kennedy Center
$
412,641 $
89,798
17
Production Workshop
$
867,465 $
-0-
0
District Field Services
$ 26,849,838 $ 5,501,011 564
Independent Living
$
229,364 $
229,364
7
Sheltered Employment $
981,172 $
471,952
15
Community Facilities
$ 3,750,000 $ 1,907,500
0
Bobby Dodd Workshop $
325,000 $
325,000
0
Undistributed
$
-0- $
-0-
0
Total
$ 40,739,593 $ 10,920,534 806
8. Roosevelt Warm Springs
Rehabilitation Institute: Personal
Services....^
.
9,065,059
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.......
$
475,000
Postage......
$
13,000
Case Services
$
25,000
Capital Outlay.....
$
-0-
Operations
$
-0-
Total Funds Budgeted
$ 12,715,376
58
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$
50,000
$ 8,941,109
$ 3,724,267
434
24
Roosevelt Warm Springs Rehabilitation Institute Functional Budgets
Total Funds State Funds Pos.
Administration Rehabilitation Services Undistributed Total
$ 4,935,661 $
$ 7,779,715 $
$
-0- $
$ 12,715,376 $
2,362,097 1,362,170
-03,724,267
145 289
0 434
9. Georgia Factory for the
Blind 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
.7 ,,... $
Capital Outlay
,.....$
Total Funds Budgeted..
'...$
Agency Funds
; $
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
3,681,262 5,175,048
16,500 -0-
6,300 95,000 63,696
-026,900 96,950 112,200
5,200 -0-
9,279,056 8,846,694
432,362 29 14
Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos.
Operations Supervision
$ 8,846,694 $
$
432,362 $
-0-11
432,362
18
GEORGIA LAWS 1985 SESSION
Undistributed
$
-0- $
59
-0-
0
Total
$ 9,279,056 $
432,362
29
10. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services.......
$ 10,194,033
Regular Operating Expenses
$
207,813
Travel.:
$
29,700
Motor Vehicle Equipment
Purchases
-0-
Publications and Printing,
$
49,800
Equipment Purchases
$
14,350
Computer Charges......
$
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
$ 22,565,005
Agency Funds
..$ 22,565,005
State Funds Budgeted
-0-
Total Positions Budgeted
420
11. Family and Children
Services 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
Telecommunications
Utilities
Postage
|
AFDC Benefits
Local Services Benefits
Payments Grants
$ ..,.$
$
10,679,279 15,299,773
444,400
$
-0-
$
792,380
$
7,200
$ 9,703,059 191,895
....$ 6,209,786
,...$ $
,, $
956,225 12*200
1,017,800
$ 201,965,797
$ 65,371,047
60
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grants to Counties for
Social Services
SSI - Supplement Benefits
Grants to Fulton County for
24-hour Emergency Social
Services
.
.
Homemaker Meals
.
Chatham County Homemaker
Project
Douglas County Homemaker
Project
. ..
Fulton County Homemaker Project
Total Funds Budgeted
Agency Funds
Indirect DOAS Services Funding
Social Services
Block Grant Funds
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$ 50,129,142
$
3,500
$
197,042
$
102,038
$
481,755
$
147,541
$
312,123
$ 364,023,982
$ 215,837,320
$ 2,118,785
$ 18,789,747 $ 127,278,130
373 1
Family and Children Services Functional Budgets
Refugee Benefits
Total Funds State Funds Pos.
$ 1,082,965 $
-0-
0
AFDC Payments
$ 201,965,797 $ 65,780,246
0
SSI - Supplement Benefits $
3,500 $
3,500
0
Energy Benefits
$ 14,500,000 $
-0-
0
Local Services -
Benefits Payments
Grants
$ 65,371,047 $ 32,608,815
0
Grants to Counties
for Social Services
$ 50,129,142 $ 19,966,560
0
Food Stamp Issuance
$ 2,201,210 $
-0-
0
GEORGIA LAWS 1985 SESSION
61
Grants to Fulton County
for 24-hour Emergency
Services
$
197,042 $
197,042
0
Homemaker Projects
$ 1,043,457 $
462,057
0
Director's Office
$
509,056 $
509,056
7
Administration and Management
$ 4,411,794 $ 3,117,287 113
District Administration $ 3,648,036 $ 3,648,036 101
Program Planning and Development
$ 6,177,784 $ 2,891,508
73
Management Information Systems
$ 11,871,206 $ 4,490,067
52
Child Development Administration
$
911,946 $
911,946
27
Indirect Cost
$
-0- $ (7,307,990)
0
Undistributed
$
-0- $
-0-
0
Total
$ 364,023,982 $ 127,278,130 373
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 Utilities Postage
$ 116,479,288 $ 68,935,041 $ 2,974,339
$ $ $ $ $ $ .....$ $ $
63,232 1,476,476
497,181 14,257,003
5,465,582 3,558,730 76,475,122
989,850 2,008,131
62
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay....
$
Grants for Regional Prenatal
and Postnatal Care Programs
$
Crippled Children Benefits
$
Crippled Children Clinics
$
Kidney Disease Benefits
....$
Cancer Control Benefits
$
Benefits for Medically Indigent
High Risk Pregnant Women and
Their Infants
, $
Family Planning Benefits
$
Benefits for Midwifery Program
$
Grant-In-Aid to Counties
$
Work Incentive Benefits
$
Grants to Fulton County
for 24-hour Emergency
Social Services
$
Benefits for Child Care
$
Homemaker Meals
|
$
Chatham County
Homemaker Project
$
Douglas County
Homemaker Project
$
Fulton County Homemaker Project
$
Grants for Nephrology Centers
.....$
Case Services
$
E.S.R.P. Case Services
$
SSI-Supplement Benefits
$
AFDC Benefits
$
Local Services Benefits
Payments Grants
..$
Grants to Counties for Social
Services
...
...
$
Contract with Vocational
Rehabilitation Community
Facilities
$
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program
.........$
Contract with the
Affirmative Industries. ........ ... $
Institutional Repairs
and Maintenance
$
915,248
3,879,000 4,354,000
517,572 605,000 2,105,400
3,994,000 301,530 175,000
38,695,308 479,964
197,042 17,346,960
102,038
481,755
147,541 312,123 239,000 18,810,179
75,000 3,500
201,965,797
65,371,047
50,129,142
4,075,000
100,000
110,000
155,000
GEORGIA LAWS 1985 SESSION
63
Contract with Emory University
for Arthritis Research
.,$
Grant for Epilepsy Program
$
Grant to Grady Hospital for
Cystic Fibrosis Program
$
Contract for Scoliosis
Screening
$
Menninger Group Homes
$
Contract - Georgia
Advocacy Office, Inc ...
,..$
Grant for Teenage Pregnancy
Prevention Program.....;.
$
Contract - Cancer Research
at Emory
$
Contract - Macon-Bibb County
Hospital Authority
$
Contract with
RCW Industries, Inc
$
Grants to Counties for
Metabolic Disorders
Screening and Testing
$
Payments to DMA
$
Contract with
Housing Alternatives
$
Contract with Auditory
Educational Clinic
$
Total Positions Budgeted
$
Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose.
Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta.
Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.
210,000 65.000 42.000
115.000 376.000 215.000 250.000 115.000 5,500,000 143.000
45.000 2,938,465
70.000 78.000
4,325
64
GENERAL ACTS AND RESOLUTIONS, VOL. I
There is hereby appropriated $65,780,246 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
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 $ 115 174 208 245 280 304 329 350 368 394 421
Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 56.77% of the above standards of need.
Provided, that of the above appropriation, $143,000 is designated and committed to operate the RCW Industries, Inc.
Provided, however, it is the intent of this General 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 relating 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
GEORGIA LAWS 1985 SESSION
65
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.
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 relating 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
66
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 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 problem 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.
GEORGIA LAWS 1985 SESSION
Provided that of the funds available in the Public Health Budget not less than $125,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program.
Provided, that, of the above appropriation relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treatment 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, $40,000 is designated and committed for a program of screening and treatment of diabetes in the Columbus area.
B. Budget Unit: State Health Planning
and Development
.$
State Health Planning
and Development Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Publications and Printing
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Postage
$
Total Funds Budgeted
H
$
Indirect DOAS Services Funding
$
Agency Funds
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services
$
Regular Operating Expenses
$
67
562,564
688,463 40,184 5,000 2,600 -021,000 80,473 26,373
113,322 4,000
981,415 -0-
418,851 562,564
21 0
688,463 40,184
68
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel
.
Publications and Printing
Equipment Purchases
Computer Charges
Real Estate Rentals
Telecommunications
Per Diem, Fees and Contracts
Postage..
Total Positions Budgeted
Authorized Motor Vehicles
$ $ $ $ $ $ $ I $
5,000 2,600
-021,000 80,473 26,373 113,322
4,000 21 0
C. Budget Unit: Community Mental Health/Mental Retardation
YOUTH Services and
Institutions..............................................^
Departmental Operations:
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..
$
Capital Outlay
$
Institutional Repairs
and Maintenance
$
Authority Lease Rentals
$
Grants to County-Owned
Detention Centers
$
Drug Abuse Contracts
$
Day Care Centers for the
Mentally Retarded
$
MR Day Care Center Motor
Vehicle Purchases
$
Supportive Living Staff......'.
$
Supportive Living Benefits
$
306,849,860
249,690,558 27,984,038 581,787
745,391 62,950
1,846,200 2,094,127
470,497 2,412,668 3,244,864 15,828,651
213,951 1,739,717
798,000 2,464,752
2,100,020 980,656
53,670,898
602,160 1,466,894 6,025,449
GEORGIA LAWS 1985 SESSION
69
Georgia State Foster
Grandparent/Senior
Companion Program
Community Mental Health
Center Services
Project Rescue
Project ARC
Project Friendship.r..
Group Homes for
Autistic Children
Uniform Alcoholism Projects
Child Care Benefits
Community Mental
Retardation Staff
Community Mental Retardation
Residential Services
Lumpkin Area Individual
Living, Inc
Total Funds Budgeted
Agency Funds
*
Indirect DOAS Services Funding
Social Services
Block Grant Funds
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$
551,920
$ $ ....$ $
65,182,988 305,752 191,794 257,442
$
280,324
$ 2,768,545
$
16,000
$ 3,400,275
$ 12,290,516
$ $ ....$ $
26,800 460,296,584 123,668,787
1,625,000
$ 28,152,937 $ 306,849,860
12,633/12,576 1,549
The expenditure object amounts displayed above represent the budget unit object totals.
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds State Funds Pos.
Georgia Regional Hospital at Augusta
$ 12,246,858 $ 10,408,072
Georgia Regional Hospital at Atlanta
$ 15,877,776 $ 12,618,929
Georgia Regional Hospital at Savannah $ 12,645,587 $ 11,114,620
501 637 509
70
GENERAL ACTS AND RESOLUTIONS, VOL. I
West Central Georgia Regional Hospital
$ 10,612,891 $ 8,794,290 420
Northwest Regional Hospital at Rome
$ 16,860,423 $ 12,700,330 690
Gracewood State School
and Hospital
$ 34,937,268 $ 21,202,763 1,546/
1,532
Southwestern State Hospital
$ 24,244,243 $ 15,937,115 1,104/ 1,089
Georgia Retardation Center
$ 22,943,631 $ 13,519,441 880
Georgia Mental Health Institute
$ 15,415,510 $ 13,115,657 533
Central State Hospital
$ 93,391,601 $ 66,779,990 3,862/ 3,830
Mental Health Community Assistance
$ 6,196,436 $ 6,139,536 221
Outdoor Therapeutic Program
$ 1,161,804 $ 1,161,804
40
Mental Retardation
Community Assistance $ 1,768,113 $ 1,768,113
62
Central Pharmacy
$
123,091 $
123,091
3
Metro Drug Abuse Centers
$ 1,342,680 $
649,540
44
Day Care Centers for
the Mentally Retarded $ 54,231,690 $ 21,256,459
0
Supportive Living
$ 7,485,173 $ 4,222,917
0
GEORGIA LAWS 1985 SESSION
71
Georgia State Foster
Grandparent/Senior
Companion Program $
551,920 $
551,920
0
Community Mental Retardation Staff
$ 3,394,844 $ 2,400,537
0
Community Mental
Retardation
Residential Services
$ 12,289,774 $ 7,805,571
0
Group Homes for Autistic Children
$
280,324 $
280,324
0
Project Rescue
$
305,752 $
142,752
0
Drug Abuse Contracts
$
980,656 $
980,656
0
Project ARC
$
191,794 $
191,794
0
Project Friendship
$
257,442 $
257,442
0
Community Mental Health Center Services
$ 65,077,271 $ 29,215,696
0
Uniform Alcoholism
Projects
$ 2,768,423 $ 1,880,634
0
Central Laboratory
$
266,728 $
-0-
6
Lumpkin Area Individual
Living, Inc.
$
26,800 $
26,800
0
State Youth Development Centers $ 17,901,807 $ 17,418,904
742
Regional Youth Development Centers $ 12,303,779 $ 12,043,635
416
Group Homes
$
507,260 $
507,260
19
Day Centers
$
690,139 $
690,139
24
72
GENERAL ACTS AND RESOLUTIONS, VOL. I
Community Treatment
Centers
$ 1,936,062 $ 1,936,062
73
Court Services
$ 6,466,011 $ 6,466,011 260
Runaway Investigations $
395,993 $
395,993
15
Interstate Compact
$
81,807 $
81,807
3
Purchase of Services
$ 1,932,241 $ 1,858,274
17
Assessment and Classification
Total
$
204,982 $
204,982
10
$ 460,292,584 $306,849,860 12,622/ 12,576
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 Residential Services, the Department is authorized to increase the maximum monthly payments to service 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.
GEORGIA LAWS 1985 SESSION
73
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 further provided that these residential services are available to clients residing in the community as well as those returning to their communities from the institution.
Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services.
Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
Provided, however, it is the intent of this General Assembly that no additional Youth Services group homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia.
Provided, that of the above appropriation relating to Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse.
Provided, however, the Department is authorized and directed to utilize $250,000 of
74
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Authority (Hospital) is authorized to make $250,000 of surplus and reserves available for the aforementioned purposes.
Provided, however, the Department is authorized 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 relating to Community Youth Services, $33,750 is designated and committed for the purpose of continuing 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 authorized and directed to utilize $3,007,600 of available surplus and reserves of the Georgia Building Authority (Hospital) to fund major maintenance and repairs and capital outlay projects at Atlanta Regional Hospital ($273,000), Georgia Retardation Center ($885,000), Gracewood State School and Hospital ($980,600), Georgia Mental Health Institute ($58,000), Augusta Regional Hospital ($700,000), and Southwestern State Hospital at Bainbridge ($111,000), and the Georgia Building Authority (Hospital) is authorized to make $3,007,600 of surplus and reserves available for the aforementioned purposes.
GEORGIA LAWS 1985 SESSION
75
Provided, however, that Central State Hospital, 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.
Section 24. Department of Industry
and Trade.
A. Budget Unit: Department of Industry
and Trade
4
State Operations Budget:
Personal Services
I
$
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
$
Local Welcome Center Contracts
$
Advertising
$
Georgia Ports Authority -
Authority Lease Rentals
$
Georgia Ports Authority -
General Obligation Bond
Payments
$
Historic Chattahoochee
Commission Contract
$
11,912,876
4,642,179 715,763 287,100
13,000 291,650
63,669 92,325 273,085 157,439 166,850 145.000 130.000 1.283.000
2.735.000
6,144,392
50,000
76
GENERAL ACTS AND RESOLUTIONS, VOL. I
Atlanta Council for International Visitors
Waterway Development in Georgia Georgia Music Week Promotion Georgia World Congress Center
Operating Expenses Contract - Georgia Association
of Broadcasters Southern Center for
International Studies Contract - Lanier Regional
Committee Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$
25,000
$
50,000
$
20,000
$ 1,372,000
$
51,500
$
25,000
$
12,500
$ 18,746,452
...$ 11,912,876
194
21
The expenditure object amounts displayed above represent the budget unit object totals.
Department of Industry and Trade Functional Budgets
Industry
Total Funds State Funds Pos.
$
748,886 $
748,886
18
Research
$
456,475 $
456,475
14
Tourism - Promotional $ 1,199,990 $ 1,199,990
27
Tourist - Welcome Centers
$ 2,170,230 $ 2,070,230
93
Internal Administration $ 11,921,928 $ 5,188,352
25
International
$
965,943 $
965,943
17
Advertising
$ 1,283,000 $ 1,283,000
0
Undistributed
$
-0- $
-0-
0
Total
$ 18,746,452 $ 11,912,876 194
GEORGIA LAWS 1985 SESSION
77
Provided, however, that of the above appropriation relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers.
B.
Budget Unit: Authorities
1 Georgia World Congress Budget:
Personal Services....
<
Regular Operating Expenses
Travel
.$
Motor Vehicle Equipment Purchases
Publications and Printing
Equipment Purchases
.............
Computer Charges
Real Estate Rentals
.$
Telecommunications
Per Diem, Fees and Contracts
.$
Atlanta Convention and
Visitors Bureau
1
.$
Total Funds Budgeted
$
State Funds Budgeted
.$
Total Positions Budgeted
-0-
5,015,711 2,292,136
42.000 -0-
36.000 50.000 18.000
-080,160 339,600
1,416,000 9,289,607
-0215
2. Georgia Ports Authority Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing.... Equipment Purchases Real Estate Rentals.. Telecommunications G.O. Bonds and Lease Rentals Computer Charges Per Diem, Fees and Contracts Other Debt-Service Payments Capital Outlay - Internal Operations Capital Reinvestment Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
$ 24,911,178
$ 8,657,251
$
478,728
$
656.000
$
118,919
$ 2,604,560
$
109,343
$
333,256
$ 7,233,576
$
502,856
$
1,332,740
$
820.000
$
1,113,153
$
-0-
$ 48,871,560
$
-0-
780
78
GENERAL ACTS AND RESOLUTIONS, VOL. I
It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.
It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues.
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
G.O. Bonds and Lease Rentals
Other Debt-Service Payments.
*
Capital Outlay - Internal
Operations
...
Atlanta Convention and
Visitors Bureau
Total Positions Budgeted
Authorized Motor Vehicles
29,926,889 10,949,387
520,728
656.000 154,919 2,654,560 520,856 109,343 413,416 1,672,340 7,233,576 820.000
1,113,153
1,416,000 995 36
Section 25. Department of Labor. Budget Unit: Department of Labor.. State Operations:
Personal Services
4,075,320 56,508,517
GEORGIA LAWS 1985 SESSION
79
Regular Operating Expenses.. Travel Motor Vehicle Equipment
Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and
Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 2,621,887 $ 1,224,177
$
9,600
$
17,480
$
561,648
$ 1,781,077
1,676,280
$ 1,203,688
$
50,000
$ 1,557,892
$
202,839
$ 67,415,085
$ 4,075,320
1,930
7
The expenditure object amounts displayed above represent the budget unit object totals.
Department of Labor Functional Budgets
Inspection
Total Funds State Funds Pos.
$
836,110 $
836,110
28
Basic Employment
$ 51,765,607 $
808,000 1,495
Work Incentive Food Stamps Job Training
Partnership Correctional Services
$ 3,741,542 $ $ 1,211,358 $
182,489
82
-0-
47
$ 7,611,747 $
-0- 200
$ 2,248,721 $ 2,248,721
78
Undistributed Total
$
-0- $
-0-
0
$ 67,415,085 $ 4,075,320 1,930
im&zflKfjmTt
(ij.ljp/vii-yip | i. .
80
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 26. Department of Law.
Budget Unit: Department of Law
4
Attorney General's Office 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
$
Books for State Library
$
Capital Outlay..
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
$
Authorized Motor Vehicles
$
The expenditure object amounts displayed above represent the budget unit object totals.
Provided, however, that of the above appropriation relative to regular operating expenses, $30,500 is designated and committed for Court Reporter Fees.
5,207,165
4,601,815 263,808 116,000 -033,500 10,600 68,392 314,607 98,243 36,500 60,000 -0-
5,603,465 5,207,165
119 1
Section 27. Department of
Medical Assistance.
Budget Unit: Medicaid Services...............230,404,700
Departmental Operations Budget:
Personal Services
.....
$ 6,087,911
Regular Operating Expenses
$
329,027
Travel
$
118,725
Motor Vehicle
Equipment Purchases
$
-0-
Publications and Printing
$
94,100
Equipment Purchases
$
18,670
Computer Charges
$ 4,760,987
Real Estate Rentals.....
$
811,613
Telecommunications
$
194,806
Per Diem, Fees and Contracts
$ 10,564,538
GEORGIA LAWS 1985 SESSION
81
Postage Medicaid Benefits Payments to Counties for
Mental Health Audits Contracts Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$
150,000
$ 745,049,925
$ 10,385,150
$
841,500
$ 779,406,952
$ 230,404,700
225
3
The expenditure object amounts displayed above represent the budget unit object totals.
Medical Assistance Functional Budgets
Total Funds State Funds Pos.
Commissioner's Office
$
638,015 $
269,126
11
Program Management $ 12,075,210 $ 1,505,864
46
Administration
$ 2,284,156 $
376,593
35
Operations
$ 6,559,383 $ 1,641,216
49
Program Integrity
$ 2,415,113 $ 1,026,490
84
Benefits
$ 755,435,075 $ 225,585,411
0
Undistributed
$
-0- $
-0-
Total
$ 779,406,952 $ 230,404,700
Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health.
Provided, that of the above appropriation, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals, effective April 1, 1985.
0 225
82
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that it is the intent of this General Assembly that the Department of Medical Assistance shall increase the monthly income cap for institutionalized individuals eligible under a special income test to no less than $897, effective February 1, 1985.
Section 28. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration
Agency Assessments............................^
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
y
$
Postage
$
Health Insurance Claim Payments
$
Total Funds Budgeted
$
Agency Assessments
$
Employee and Employer
Contributions
$
Deferred Compensation
$
Total Positions Budgeted
Authorized Motor Vehicles
5,573,337
4,245,278 101,897 54,448
-0175,316
27,816 1,409,800
643,865 120,145 17,475,729 143,360 181,950,000 206,347,654 5,573,337
200,740,618 33,699 172 0
The expenditure object amounts displayed above represent the budget unit object totals.
Merit System Functional Budgets
Total Funds State Funds Pos.
Applicant Services
$ 1,659,069 $
-0-
39
GEORGIA LAWS 1985 SESSION
Classification and
Compensation
$
Program Evaluation and
Audit
$
742,021 $ 572,333 $
Employee Training and
Development
$
888,622 $
Health Insurance Administration
$ 6,323,159 $
Health Insurance Claims $ 194,207,939 $
Internal Administration $
894,576 $
Commissioner's Office
$ 1,059,935 $
Undistributed Total
$
-0- $
$ 206,347,654 $
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 authorized to assess no more than $110.90 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for the final four months of this state fiscal year shall not exceed one and one-fourth percent of salaries.
83
-0-
19
-o-
13
-0-
23
-0-
36
-0-
0
-0-
34
-0-
8
^0-
0
-0- 172
84
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 29. Department of Natural
Resources.
A. Budget Unit: Department of Natural
Resources .................................................4 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
$
Contract - Corps of Engineers
(Tybee Beach Restoration)
$
Total Funds Budgeted
$
Receipts from Jekyll Island
State Park Authority
$
Receipts from Stone Mountain
Memorial Association
$
State Funds Budgeted........
$
Total Positions Budgeted
52,745,891
2,433,464 162,169 19,500 8,800 180.500 8,000 155,310 165,527 71,869 105,005 89,586
877,000 75,000
1,369,000 5,720,730
53,750
328.500 5,338,480
80
2. Game and Fish 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
$ 13,830,782
$ 3,047,271
;
$
80,200
....$ ......$
$ $ $ $ $ ....$ $
720,539 78,608
352,820 51,080 45,394
229,449 92,800 62,466 45,000
GEORGIA LAWS 1985 SESSION
85
Capital Outlay Consolidated Maintenance
Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition
Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
$
333,713
$
375,000
$ 19,345,122
$
100,000
$ 16,264,355
478
3. Parks, Recreation and
Historic Sites Budget:
Personal Services....
Regular Operating Expenses
Travel
Motor Vehicle Equipment
Purchases
^
Publications and Printing.....v..... Equipment Purchases
Computer Charges
Real Estate Rentals
Telecommunications
Per Diem, Fees and Contracts
Postage
L........
Capital Outlay
Capital Outlay - Repairs
and Maintenance
Capital Outlay - Shop Stock
Cost of Material for Resale
Authority Lease Rentals
Land and Water Conservation
Grants
Recreation Grants .4..,
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
$ $ ...$
$ $ $ $ $ $ $ $ $
$ $ $ $
$ $ $ $
$ ... $
$
$ $ ...$
9,641,848 3,682,967
77,978
333,700 98,355
265,595 17,000
130,765 245,120
62,202 57,600 405,000
964,000 300,000 1,025,000 1,157,000
1,400,000 480,000 186,000 50,000
1,457,663 125,000 40,000
126,192 60,000
100,000
86
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted
s
Indirect DOAS Services Funding
State Funds Budgeted ..
Total Positions Budgeted
$ 22,488,985
$
100,000
$ 13,313,985
376
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
Contract - Georgia Rural
Water Association
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
$ 10,174,832
$
641,805
$
242,400
$ $ . $ $ $ $ $ .....$ $ $
67,631 85,117 78,751 134,000 568,087 183,729 540,710 96,112 1,000,000 6,000,000
$
250,437
$
125,000
$
10,000
$ 20,198,611
$ 16,749,611
314
5. Coastal Resources 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 - Buoy Maintenance
$
786,624 164,643
11,750 16,500 19,600 23,241 15,477
-020,236 18,500
9,639 20,000
GEORGIA LAWS 1985 SESSION
87
Capital Outlay - Repairs and Maintenance
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
..
$
33,250
$ 1,139,460
$ 1,079,460
25
Budget Unit Object Classes:
Personal Services
Regular Operating Expenses
Travel
Motor Vehicle Equipment
Purchases
Publications and Printing......
Equipment Purchases..
Computer Charges
...
Real Estate Rentals
Telecommunications
Per Diem, Fees and Contracts
Postage
.
Land and Water Conservation
Grants
Recreation Grants
Water and Sewer Grants
Solid Waste Grants
Contract with U. S. Geological
Survey for Ground Water
Resources Survey
Contract with U.S. Geological
Survey for Topographic Maps
Capital Outlay
Capital Outlay - Repairs
and Maintenance ..
Capital Outlay - Shop Stock
Capital Outlay - Heritage Trust
Authority Lease Rentals
Cost of Material for Resale
Payments to Lake Lanier Islands
Development Authority
Contract - Special Olympics,
Inc
I
Georgia Sports Hall of Fame
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition
. $ $
..:...$
36,867,550 7,698,855 431,828
....$ $ $ $ $ $ $ $
1,147,170 462,180 728,407 372,867 909,773 750,403 819,217 315,403
$ 1,400,000
$
480,000
$ 6,000,000
$ 1,000,000
$
250,437
$
125,000
$
450,000
$
997,250
$
300,000
$
75,000
$
1,157,000
$ 1,025,000
$
877,000
$
186,000
$
50,000
$
375,000
88
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - User Fee
Enhancements
$
Capital Outlay - Buoy
Maintenance
$
Capital Outlay -
Consolidated Maintenance
$
Technical Assistance Contract
$
Contract - Georgia Rural
Water Association
$
Grant - The Hay House
$
Contract - Corps of Engineers
(Cold Water Creek St. Park)
$
Contract - Corps of Engineers
(Tybee Beach Restoration)
$
Grant - Tybee Island
$
Advertising and Promotion
$
Total Positions Budgeted
Authorized Motor Vehicles
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 municipalities for emergency type projects, and that $5,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources
1,457,663
20,000
333,713 125,000
10,000 40,000
126,192
1,369,000 60,000
100,000 1,273 1,027
GEORGIA LAWS 1985 SESSION
89
is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
It is the intent of this General Assembly that no portion of the above appropriation relating to Contract - Corps of Engineers (Tybee Beach Restoration) shall be expended prior to receipt of Federal matching funds.
B. Budget Unit: Authorities
.$
1. Lake Lanier Islands Development
Authority Budget:
Personal Services........
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
1
$
Telecommunications
$
Per Diem, Fees and Contracts
.....$
Capital Outlay
$
Campground Sinking Fund
$
Promotion Expenses
..$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
2. Jekyll Island State Park
Authority Budget:
Personal Services
$
Regular Operating Expenses.....
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
... ....$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
-0-
1,777,000 902,000 7,300 56,500 57,000 138,400 16,500 -042,200 45,000 434,600 -0-0-
3,476,500 -064
3,134,332 2,062,910
46,020 -0-
47,310 -0-0-0-
90
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications Per Diem, Fees and Contracts Mortgage Payments Capital Outlay Promotion Expenses Payments to the Department
of Natural Resources 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
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications.
$
Per Diem, Fees and Contracts
$
Capital Outlay
,,..
$
Promotion Expense
$
Campground Sinking Fund
$
Payments to the Department
of Natural Resources
$
Mortgage Payments
$
Total Positions Budgeted
Authorized Motor Vehicles
63,050 125,080
-0300,000
-0-
53,750 5,832,452
-0165
4,911,332 2,964,910
53,320 56,500 104,310 138,400 16,500
-0105,250 170,080 734,600
-0-0-
53,750 -0-
229 100
Section 30. Department of Offender
Rehabilitation.
A. Budget Unit:
Departmental Operations.....................^
Departmental Operations Budget:
Personal Services... ....
$
Regular Operating Expenses
$
Travel
.. $
Motor Vehicle Equipment
Purchases
$
Publications and Printing
$
Equipment Purchases..
$
22,615,847
9,114,819 647,210 340,680
-053,600 43,290
GEORGIA LAWS 1985 SESSION
91
Computer Charges
Real Estate Rentals....
....:
Telecommunications
Per Diem, Fees and Contracts
Utilities
County Subsidy
County Subsidy for Jails..
Court Costs
Central Repair Fund
Grants for County
Workcamp Construction
Local Jail Equipment Grants
x
Grants for Local Jails
Payments to Georgia
Correctional Industries
Total Funds Budgeted
State Funds Budgeted
if
Total Positions Budgeted
Authorized Motor Vehicles
$ $ $ $ $ $ $ $ .....$
$ $ $
$ $ $
1,085,997 989,593 311,398 944,655 44,000
6,867,500 253,000 350,800 550,000
690,000 50,000
400,000
524,305 23,260,847 22,615,847
336 92
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
$
8,249,401 $
7,799,401
Adult Facilities and Programs
$ 13,716,982 $ 13,521,982
Training and Staff Development
$ 1,294,464 $ 1,294,464
Undistributed
$
-0- $
-0-
Total
$ 23,260,847 $ 22,615,847
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.
157
150
29 0
336
92
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that of the above appropriation relating to grants for county workcamp construction, the State shall provide no more than fifty percent of the total construction cost.
B. Budget Unit: Correctional Institutions,
Transitional Centers, and
Support.....................................................^
Institutional 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
$
Utilities
$
Payments to Central State
Hospital for Meals
$
Payments to Central State
Hospital for Utilities
$
Inmate Release Funds
$
Health Service Purchases
$
Payments to the Medical
Association of Georgia for
Jail and Prison Health
Care Certification
...$
Authority Lease Rentals
| $
Capital Outlay
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
134,900,744
91,871,084 18,106,651
72,765
441,000 80,000
1,643,387 36,000
242,530 866,106 476,988 6,753,650
2,296,600
1,181,700 925,000
9,419,464
40,480 440,000 1,830,340 136,723,745 134,900,744
4,605 374
The expenditure object amounts displayed above represent the budget unit object totals.
GEORGIA LAWS 1985 SESSION
93
Correctional Institutions, Transitional Centers, and Support Functional Budgets
Total Funds State Funds Pos.
Georgia Training and
Development Center $ 1,764,193 $ 1.764.193
68
Georgia Industrial Institute
$ 6,994,227 $ 6,994,227 295
Alto Education and Evaluation Center
$ 1,581,514 $ 1.306.194
48
Georgia Diagnostic and Classification Center $ 7,537,379 $ 7,537,379 321
Georgia State Prison
$ 18,680,004 $ 18,680,004 860
Consolidated Branches $ 12,173,881 $ 12,049,588 516
Middle Georgia Correctional Institution
$ 17,335,844 $ 17,335,844 796
Jack T. Rutledge Correctional Institution
$ 3,548,631 $ 3,548,631 151
Central Correctional Institution
$ 2,994,784 $ 2,994,784 133
Metro Correctional Institution
Coastal Correctional Institution
Central Funds
D.O.T. Work Details
Food Processing and Distribution
$ 3,871,297 $ 3,871,297 174
$ 3,894,950 $ 3,843,830
$ 11,100,895 $ 11,100,895
$
630,700 $
-0-
174 3
32
$ 11,403,230 $ 10,705,662 205
94
GENERAL ACTS AND RESOLUTIONS, VOL. I
Farm Operations
$ 4,697,844 $ 4,653,844
37
Dodge Correctional Institution
$ 3,008,204 $ 3,008,204 143
Transitional Centers
$ 3,196,413 $ 3,196,413 117
Augusta Correctional and
Medical Institution
$ 5,138,594 $ 5,138,594 251
Health Care
$ 17,171,161 $ 17,171,161 281
Undistributed Total
$
-0- $
0-
0
$ 136,723,745 $ 134,900,744 4,605
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 appropriated for 'Health Services Purchases' includes payments to jails for State prisoners' medical costs.
C. Budget Unit: Board of Pardons and
Paroles...................................................
Board of Pardons and Paroles Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment
Purchases
$
Publications and Printing
$
Equipment Purchases
$
11,514,918
9,318,294 262,988 384,118
46,350 34,880 100,852
GEORGIA LAWS 1985 SESSION
95
Computer Charges
Real Estate Rentals
Telecommunications
...
Per Diem, Fees and Contracts
County Jail Subsidy
...;
Total Funds Budgeted
State Funds Budgeted j
Total Positions Budgeted
Authorized Motor Vehicles
178,782 632,011 284,552
46,091 226,000 11,514,918 11,514,918
424 27
The expenditure object amounts displayed above represent the budget unit object totals.
D. Budget Unit: Georgia Correctional
Industries
Georgia Correctional Industries
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
.$
Cost of Sales
Repayment of Prior Year's
Appropriations
.$
Capital Outlay
.$
Total Funds Budgeted
$
State Funds Budgeted
.$
Total Positions Budgeted
Authorized Motor Vehicles
-0-
2,099,461 648,225 50.000
79,400 9,100
578,000 30,863 95.000 62,750
320,900 6,060,000
84.000 45.000 10,162,699
-083 19
The expenditure object amounts displayed above represent the budget unit object totals.
E. Budget Unit: Probation Field
Operations
.$
1. Probation Operations Budget:
Personal Services
$
27,360,875 21,792,532
96
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
.c $
Total Funds Budgeted...:..
$
State Funds Budgeted
$
Total Positions Budgeted
472,408 462,675
-060,200 137,466
-0396,084 303,530
6,272 9,100 23,640,267 21,707,553
937
2. Diversion Centers Budget:
Personal Services..'
$ 3,999,996
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
!
$ 1,381,000
Total Funds Budgeted
....$ 6,342,902
State Funds Budgeted...
$ 5,653,322
Total Positions Budgeted
196
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
$ 25,792,528
774,128
.......$
484,585
...
$
$
.....$
$
$
$
-060,200 172,866
-0687,240 357,750
GEORGIA LAWS 1985 SESSION
97
Utilities Per Diem, Fees and Contracts Capital Outlay Total Positions Budgeted Authorized Motor Vehicles
$
263,772
$
9,100
$ 1,381,000
1,133
95
Section 31. Department of Public Safety.
Budget Unit: Department of Public
Safety.
59,001,139
1. Office of Highway Safety Budget:
Personal Services
....$
307,663
Regular Operating Expenses
$
23,311
Travel
$
9,200
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing
$
20,500
Equipment Purchases
$
-0-
Computer Charges
I
$
11,900
Real Estate Rentals
,
$
5,600
Telecommunications
$
11,800
Per Diem, Fees and Contracts
$
6,000
Postage Highway Safety Grants
.
$
3,500
...;.
$
3,877,545
Total Funds Budgeted
.$ 4,277,019
State Funds Budgeted
$
186,738
Total Positions Budgeted
8
2. Administration Budget:
Personal Services
$
Regular Operating Expenses
....$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Postage
$
Total Funds Budgeted
$
Indirect DOAS Services Funding
$
State Funds Budgeted
$
Total Positions Budgeted
4,585,872 1,029,408
66,000 -0-
36,000 35,000
-0-0118,425 30,303 22,000 5,923,008 -05,889,841 170
98
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Driver Services Budget:
Personal Services |
....$ 6,111,871
Regular Operating Expenses
$
789,025
Travel
..
855
Motor Vehicle Equipment
Purchases
$
-0-
Publications and Printing
$
182,475
Equipment Purchases
$
170,058
Computer Charges
$ 2,241,515
Real Estate Rentals
$
4,800
Telecommunications
$
98,900
Per Diem, Fees and Contracts
$
2,275
Postage
....$
583,000
Conviction Reports
$
200,000
Capital Outlay........
-0-
Driver License Processing
,..$
816,000
Total Funds Budgeted
$ 11,200,774
Indirect DOAS Services Funding
$ 1,500,000
State Funds Budgeted
| $ 9,700,774
Total Positions Budgeted
310
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
.....$ $ $
28,104,096 4,712,967 43,445
$ 4,100,000
$
232,525
$
620,500
$
-0-
$
2,207
$
386,400
$
64,147
$
36,000
$
37,000
$ 38,339,287
$
150,000
$ 38,189,287
992
5. Georgia Peace Officer Standards and Training Budget:
Personal Services
$
740,840
GEORGIA LAWS 1985 SESSION
99
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
i.
....$
Total Positions Budgeted
77,800 30,000
9,000 17,900
702 70,000 48,500 18,800 22,500
5,550 1,930,285 2,971,877 2,971,877
25
6. Police Academy:
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
565,084 163,000
12,850 -0-
9,500 7,400 16,000
-017,930 171,200
3,400 966,364 921,364
17
7. Fire Academy:
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
$
348,157 47,100 14,000 40,500 3,000 25,500 30,558 35,182 10,925
110,000 5,700
100
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
8. Georgia Firefighter Standards and
Training Council 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...?:.....
...1
$
State Funds Budgeted....
$
Total Positions Budgeted
9. Organized Crime Prevention
Council 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
10. Georgia Public Safety
Training Facility Budget:
Personal Services
$
Regular Operating Expenses.....
$
Travel
$
670,622 605,622
13
131,047 12,540 9,200 8,800 2,100 2,000 5,100 8,413 4,450 15,000 2,600
201,250 201,250
4
132,061 16,337 9,500 -02,000 -0-0-02,950 29,082 700
192,630 192,630
3
111,895 4,961 4,500
GEORGIA LAWS 1985 SESSION
101
Motor Vehicle Equipment Purchases $
Publications and Printing
1 $
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
...$
Per Diem, Fees and Contracts
$
Postage
.
$
Capital Outlay
$
Total Funds Budgeted
$
State Funds Budgeted
.
$
Total Positions Budgeted
9,000 250
1,000 800
3,500 2,950 2,500
400 -0-
141,756 141,756
4
Budget Unit Object Classes:
Personal Services
$ 41,138,586
Regular Operating Expenses
.....$ 6,876,449
Travel.........
,
..$
199,550
Motor Vehicle Equipment
Purchases
i
$ 4,167,300
Publications and Printing
$
506,250
Equipment Purchases .....
$
862,160
Computer Charges
$ 2,375,873
Real Estate Rentals
$
108,202
Telecommunications
$
673,530
Per Diem, Fees and Contracts
$
453,007
Postage
I
$
662,850
Conviction Reports
$
200,000
Peace Officers Training Grant
$ 1,930,285
Driver License Processing
$
816,000
Highway Safety Grants
$ 3,877,545
Capital Outlay
$
37,000
Total Positions Budgeted
1,546
Authorized Motor Vehicles
1,099
Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.
Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia
102
GENERAL ACTS AND RESOLUTIONS, VOL. I
Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.
It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.
Section 32. Public School Employees'
Retirement System.
Budget Unit: Public School Employees'
Retirement System
Departmental Operations Budget:
Payments to Employees'
Retirement System
$
Employer Contributions.....;.
$
Total Funds Budgeted
$
State Funds Budgeted
$
12,176,455
176,455 12,000,000 12,176,455 12,176,455
The expenditure object amounts displayed above represent the budget unit object totals.
GEORGIA LAWS 1985 SESSION
103
Section 33. Public Service Commission.
Budget Unit: Public Service
Commission
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
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
5,012,870
3,528,754 194,018 105,173 64,700 10,000 21,500 125,019 213,700 94,085 732,500
5,089,449 5,012,870
119 26
The expenditure object amounts displayed above represent the budget unit object totals.
Public Service Commission Functional Budgets
Administration
Total Funds State Funds Pos.
$
923,008 $
922,008
19
Transportation
$ 1,869,142 $ 1,869,142
55
Utilities
$ 2,297,299 $ 2,221,720
45
Undistributed
$
-0- $
-0-
0
Total
$ 5,089,449 $ 5,012,870 119
Section 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions
607,537,801
104
GENERAL ACTS AND RESOLUTIONS, VOL. I
1. Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
Sponsored Operations
Operating Expenses:
Educ., Gen., and Dept. Svcs
Sponsored Operations
Office of Minority
Business Enterprise
Special Desegregation Programs
Research Consortium
Authority Lease Rentals
Total Funds Budgeted
Less Agency Funds:
Departmental Income
,,
Sponsored Income..,,
Other Funds
y
Auxiliary Income...
Indirect Communication Charges
State Funds Budgeted
Total Positions Budgeted
$ 522,602,573 $ 62,000,000
$ 139,856,084 $ 68,000,000
$
316,781
$
301,331
$ 3,500,000
..$ 15,538,000
$ 812,114,769
$ 17,500,000
...$ 130,000,000
$ 152,574,906
$
-0-
$ 3,027,300
$ 509,012,563
17,086
Provided, that from appropriated funds in this budget unit, the amount of $15,538,000 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds.
Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.
Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.
GEORGIA LAWS 1985 SESSION
105
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System.
Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
Provided, further, it is the intent of this General Assembly that the 1 1/2% Personal Services continuation factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 1/2% merit-type increases.
106
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
$
Sponsored Operations
$
Operating Expenses:
Educ., Gen., and Dept. Svcs
,.$
Sponsored Operations
$
Total Funds Budgeted ...
$
Less Agency Funds:
Departmental Incopie
$
Sponsored Income
$
Other Funds
$
Indirect DOAS Services Funding
$
State Funds Budgeted
$
Total Positions Budgeted
3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income.. Sponsored Income... Other Funds State Funds Budgeted ....: Total Positions Budgeted
$ $
$
$
....$ $
....$ .....$
4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
$ .....$
753,384 -0-
272,900 -0-
1,026,284
-0-0134,111 9,800 882,373 27
968,397 800,000
590,695 943,750 3,302,842
-01,743,750
407,788 1,151,304
35
437,963 162,487
GEORGIA LAWS 1985 SESSION
107
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income.. Other Funds...........'.;... State Funds Budgeted........... Total Positions Budgeted
$ ...$
$
$ $ .........$ ........$
227,628 137,513 965,591
-0300,000
-0665,591
20
5. Georgia Tech Research
Institute Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
h $ 11,666,260
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......
$ 68,259,677
Less Agency Funds:
Departmental Income
$
-0-
Sponsored Income
.....$ 48,653,452
Other Funds
12,316,627
Indirect DOAS Services Funding
$
117,600
State Funds Budgeted.............
$ 7,171,998
Total Positions Budgeted
361
6. Engineering Extension Division Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Advanced Technology Development Center..........
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds....
$ 1,305,017
$
-0-
...
$
--,....$
722,706 -0-
$
811,864
$ 2,839,587
. $
-0-
-0-
$
1,345,825
108
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect DOAS Services Funding
State Funds Budgeted
.
Total Positions Budgeted
$ .....$
12,200 1,481,562
52
7. Agricultural Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs,....
Sponsored Operations
Operating Expenses:
Educ., Gen., and Dept. Svcs.....; Sponsored Operations
Fire Ant Research
Total Funds Budgeted
Less Agency Funds:
Departmental Income
Sponsored Income
Other Funds
J?..i
Indirect DOAS Services Funding
State Funds Budgeted
Total Positions Budgeted
$ $
....$ $
....$ $
$ .....$ ..; $
$ $
23,201,241 4,300,000
8,127,643 3,200,000
50,000 38,878,884
-07,500,000 6,854,745
95,900 24,428,239
869
8. Cooperative Extension
Service Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
....$ 26,543,804
Sponsored Operations
$ 4,250,000
Operating Expenses:
Educ., Gen., and Dept. Svcs
$ 3,690,830
Sponsored Operations
$ 1,750,000
Total Funds Budgeted
...$ 36,234,634
Less Agency Funds:
Departmental Income.
$
-0-
Sponsored Income
$ 6,000,000
Other Funds
....it.........
$ 5,640,000
Indirect DOAS Services Funding
$_
126,700
State Funds Budgeted...................;..24,467,934
Total Positions Budgeted
973
9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
....$ 59,111,096 $ 2,819,815
GEORGIA LAWS 1985 SESSION
109
Operating Expenses:
Educ., Gen., and Dept. Svcs
Sponsored Operations
;......
Capital Outlay - ETMH
Renovations
Total Funds Budgeted
Less Agency Funds:
Departmental Income
Sponsored Income....
Other Funds
-
Board of Corrections
Indirect DOAS Services Funding
State Funds Budgeted
:...
Total Positions Budgeted
$ 24,784,283
$
670,000
$ 1,500,000 $ 88,885,194
$ $ $ $ $ ...:.$
1,364,700 3,489,815 51,620,625 1,800,000
193,500 30,416,554
3,091
10. Veterinary Medicine Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
Sponsored Operations
,
Operating Expenses:
Educ., Gen., and Dept. Svcs
Sponsored Operations
Agricultural Research
Fire Ant Research.....
Total Funds Budgeted
Less Agency Funds:
Departmental Income
Sponsored Income
Other Funds
State Funds Budgeted
Total Positions Budgeted
$ ......$
1,105,717 -0-
$
619,157
$
-0-
470,777
$
192,398
$ 2,388,049
$ ... $
$ .,.....$
-0-0-02,388,049 63
11. Veterinary Medicine Teaching Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs .: Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs.. Sponsored Operations ..:
Total Funds Budgeted
$ $
$
....$
824,889 -0-
1,044,740 -0-
1,869,629
110
GENERAL ACTS AND RESOLUTIONS, VOL. I
Less Agency Funds:
Departmental Income
$
Sponsored Income
.....i
$
Other Funds
$
Indirect DOAS Services Funding
$
State Funds Budgeted
$
Total Positions Budgeted
12. Family Practice Residency
Program Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
$
Operating Expenses:
Educ., Gen., and Dept. Svcs...^
$
Capitation Contracts for
Family Practice Residency
$
Residency Capitation Grants
$
New Program Development Contracts
for Family Practice Residency
$
Student Preceptorships
$
Total Funds Budgeted........
......$
State Funds Budgeted
$
Total Positions Budgeted
Provided, that of the above appropriation, $185,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500.
Provided, that of the funds appropriated for Capitation Grants for Family Practice, it is permissible that any funds not committed to existing programs or otherwise designated may be used to begin a Family Practice Program at Emory University School of Medicine.
13. Georgia Radiation Therapy
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs....
$
Sponsored Operations
$
-0-01,408,225 -0461,404 55
140,065 98,893
2,060,000 1,837,000
-0185,000 4,320,958 4,320,958
4
717,667 -0-
GEORGIA LAWS 1985 SESSION
111
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Capital Outlay - GRTC Planning Funds
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income... Other Funds State Funds Budgeted Total Positions Budgeted
$ $
u. $ $
$ $ $
$
320,858 -0-
150,000 1,188,525
-0-0780,206 408,319 32
14. Athens and Tifton Veterinary Laboratories Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds State Funds Budgeted Total Positions Budgeted
$ ,......$
$ $ $
$ $ $ $
280,953 940,213
-0655,375 1,876,541
-01,595,588
-0280,953
48
Budget Unit Object Classes: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Office of Minority Business Enterprise Special Desegregation Programs Fire Ant Research Agricultural Research
$ 649,659,026 $ 102,927,602
$ 187,727,113 $ 96,355,003
316,781
I
$
301,331
$
242,398
$ 1,040,046
112
GENERAL ACTS AND RESOLUTIONS, VOL. I
Advanced Technology Development Center
Capitation Contracts for Family Practice Residency
New Program Development Contracts for Family Practice Residency
Residency Capitation Grants Student Preceptorships Research Consortium Authority Lease Rentals Capital Outlay - ETMH
Renovations Capital Outlay - GRTC
Planning Funds Total Positions Budgeted
........$ $
811,864 2,060,000
$
-0-
$ 1.837.000
$
185.000
$ 3.500.000
$ 15,538,000
$ 1.500.000
$
150.000
22,716
B. Budget Unit: Regents Central Office $
Regents Central Office Budget:
Personal Services
$
Operating Expenses
$
SREB Payments
.....$
Medical Scholarships
$
Regents Opportunity Grants
$
Regents Scholarships
$
Grants to Junior Colleges
$
Rental Payments to Georgia
Military College
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
18,808,219
3,364,625 636,550
7,137,350 526,250 600.000 200,000
6,120,444
223,000 18,808,219 18,808,219
100 0
The expenditure object amounts displayed above represent the budget unit object totals.
Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student, and 50 quarter credit hours shall be the equivalent of an EFT student for the purpose of calculating such payments.
GEORGIA LAWS 1985 SESSION
113
C. Budget Unit: Georgia Public
Telecommunications
Commission
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
$
Sponsored Operations
$
Operating Expenses:
Educ., Gen., and Dept. Svcs
$
Sponsored Operations
$
Total Funds Budgeted
|
$
Less Agency Funds:
Departmental Income
1
$
Sponsored Income
$
Other Funds
$
State Funds Budgeted...
$
Total Positions Budgeted
Authorized Motor Vehicles
The expenditure object amounts displayed above represent the budget unit object totals.
4,705,868
3,298,951 -0-
4,144,555 -0-
7,443,506
-0-02,737,638 4,705,868 139 14
Section 35. Department of Revenue.
Budget Unit: Department of Revenue..........$
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
,...$
County Tax OfficialsRetirement
and FICA
$
Grants to CountiesAppraisal
Staff
, ....$
Motor Vehicle Tag Purchases
$
44,112,520
27,187,901 846,751
1,173,794
204,715 1,575,068
464,247 8,004,424 1,391,149
534,305 150,000
1,362,500
1,430,000 1,100,000
114
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Decal Purchases Postage... Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted .......1 Total Positions Budgeted Authorized Motor Vehicles
$
338,600
$ 2,194,066
$ 47,957,520
$ 3,845,000
$ 44,112,520
1,136
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
$ 3,061,194 $ 3,061,194
37
Internal Administration $ 6,281,048 $ 6,281,048
75
Field Services
$ 10,444,506 $ 10,354,506 363
Income Tax
$ 6,148,374 $ 4,433,142 142
Motor Vehicle
$ 11,307,346 $ 9,618,178 248
Central Audit Property Tax
$ 3,846,588 $ 3,846,588
94
$ 3,379,935 $ 3,379,935
56
Sales Tax Undistributed Total
$ 3,488,529 $ 3,137,929 121
$
-0- $
-0-
0
$ 47,957,520 $ 44,112,520 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 1,000,000 motor vehicle tags, and for this purpose only.
GEORGIA LAWS 1985 SESSION
115
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production.
Section 36. Secretary of State. A. Budget Unit: Secretary of State
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 Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
15,416,695
$ 9,143,273
$ 1,429,994
$
172,311
$
172,952
$
344,200
$
210,712
$
492,460
$ 1,745,245
$
281,864
$
488,245
$
800,000
$
272,939
$ 15,554,195
$ 15,416,695
365
72
The expenditure object amounts displayed above represent the budget unit object totals.
Secretary of State Functional Budgets
Total Funds State Funds Pos.
Internal Administration $ 1,590,655 $ 1,588,555
41
Archives and Records
$ 3,963,415 $ 3,863,415
92
Corporations Regulation $ 1,418,368 $ 1,416,368
49
Elections and Campaign
Disclosure
$ 1,422,377 $ 1,421,977
15
Securities Regulation
$
961,136 $
955,136
21
116
GENERAL ACTS AND RESOLUTIONS, VOL. I
Drugs and Narcotics
$
620,692 $
620,692
15
State Campaign and Financial Disclosure $
129,801 $
129,801
Occupational Certification
$ 5,447,751 $ 5,420,751 129
Undistributed
$
-0- $
-0-
0
Total
$ 15,554,195 $ 15,416,695 365
Occupational Certification Functional Budgets
Costs of Board Cost Operations
Accounting Architect
$
103,573 $
325,753
$
33,548 $
106,750
Athletic Trainers
$
Auctioneers
$
Barbers
$
Chiropractic
$
Construction Industry
$
Cosmetology
$
Dentistry
$
Engineers
$
Forestry
$
Funeral Service
$
738 $ 1,630 $ 7,924 $ 8,967 $ 41,780 $ 21,082 $ 30,131 $ 28,719 $ 3,380 $ 12,828 $
7,033 51,735 227,321 69,165 272,150 398,827 175,018 235,367 25,262 120,531
Geology
$
3,084 $
18,925
GEORGIA LAWS 1985 SESSION
117
Hearing Aid
$
Landscape Architect
$
Librarians
$
Medical Examiners
$
Nursing Home
Administrators
$
Board of Nursing
$
Dispensing Opticians
$
Optometry
$
Occupational Therapy
$
Pharmacy
$
Physical Therapy
$
Podiatry
$
Polygraph Examiners
$
Practical Nursing
$
Private Detective
$
Psychologists
$
Recreation
$
Sanitarian
$
Speech Pathology
$
Used Car Dealers
$
Used Car Parts
$
3,707 $ 7,802 $ 3,083 $ 134,782 $
32,295 22,753 16,926 837,714
9,840 $ 65,820 $
6,460 $ 11,680 $
1,032 $ 60,090 $
9,321 $ 3,430 $ 1,830 $ 64,496 $ 26,200 $ 14,686 $ 2,080 $ 4,375 $ 2,243 $ 11,240 $ 3,770 $
26,482 589,010
21,794 35,354
7,159 347,318
29,034 14,887 22,088 418,501 215,737 61,606 13,860 19,803 16,465 173,417 49,718
118
GENERAL ACTS AND RESOLUTIONS, VOL. I
Veterinary Wastewater Well Water Total
$
21,255 $
78,549
$
5,525 $
62,219
$
4,360 $
20,684
$
776,491 $ 5,167,210
B. Budget Unit: Real Estate
Commission.............................................^
Real Estate Commission Budget:
Personal Services.
$
Regular Operating Expenses
$
Travel
I
! ....$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
Equipment Purchases...
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Total Funds Budgeted
...$
State Funds Budgeted......^
$
Total Positions Budgeted
Authorized Motor Vehicles
The expenditure object amounts displayed above represent the budget unit object totals.
987,065
606,499 103,828
12,500 27,000 26,000
5,150 71,288 37,800 18,000 80,000 988,065 987,065
28 12
Real Estate Commission Functional Budget
Cost of State Funds Operations Pos.
Real Estate Commission $
987,065 $ 1,028,015
28
Section 37. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission............................^
15,801,523
GEORGIA LAWS 1985 SESSION
119
Administration Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Telecommunications Per Diem, Fees and Contracts Payment of Interest and Fees.... Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants Osteopathic Medical Loans Georgia Military Scholarship Grants Academic Scholarships Total Funds Budgeted State Funds Budgeted.... Total Positions Budgeted Authorized Motor Vehicles
$ $ $
$ $ $ $ $ $ $ $ $ .....$
$
$ $
$ $ ..$ ;...., $
2,416,303 186,031 52,000
9,000 60,000 29,500 345,069 79,265 37,500 525,000 3,113,550 10,317,380 4,215,900
32,000
117,500 102,273
93,600 -0-
21,731,871 15,801,523
97 1
The expenditure object amounts displayed above represent the budget unit object totals.
Georgia Student Finance Commission Functional Budgets
Total Funds State Funds Pos.
Internal Administration $ 3,204,668 $
-0-
97
Higher Education
Assistance Corporation $
525,000 $
150,000
0
Georgia Student Finance
Authority
$ 18,002,203 $ 15,651,523
0
Total
$ 21,731,871 $ 15,801,523
97
120
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: 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.
Section 38. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ....................3
808,554
GEORGIA LAWS 1985 SESSION
Soil and Water Conservation
Central Office 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.
121
509,591 50,780 47,800 -024,425 4,226 3,000 31,423 13,973
134,161 819,379 808,554
19 1
Section 39. Teachers* Retirement System.
Budget Unit: Teachers' Retirement
System....................................................^ Departmental Operations Budget:
2,538,000
Personal Services Regular Operating Expenses
1,757,730
.:...
$
68,794
Travel
$
22,250
Motor Vehicle Equipment Purchases.......$
-0-
Publications and Printing
....; $
50,000
Equipment Purchases Computer Charges
$
10,420
$
553,184
Real Estate Rentals
$
185,115
Telecommunications Per Diem, Fees and Contracts
i..... .$ $
57,160 208,500
Postage
$
80,000
Post-Retirement Benefit
Adjustment
$
-0-
Cost-of-Living Increases for
Local Retirement System Members $ Floor Fund for Local
1,320,000
Retirement Systems
$ 1,218,000
Total Funds Budgeted
$ 5,531,153
rK |?r 2n!lMS" i!J y1'? 11WAV i?itv{?MJl ! ?!
122
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted...
$
Total Positions Budgeted
Authorized Motor Vehicles
The expenditure object amounts displayed above represent the budget unit object totals.
2,538,000 67 1
Section 40. Department of
Transportation.
Budget Unit: Department of
Transportation......................................^ 422,641,817
1. Planning and Construction
Budget:
Personal Services
$ 71,742,911
Regular Operating Expenses
$ 4,784,460
Travel
$ 1,083,800
Motor Vehicle Equipment
Purchases
$
-0-
Publications and Printing
$
204,254
Equipment Purchases
$
55,300
Computer Charges
$
31,000
Real Estate Rentals
$
28,295
Telecommunications
$ 1,050,044
Per Diem, Fees and Contracts
.$ 5,432,215
Capital Outlay
$ 442,200,966
Geodetic Control
|
$_
329,196
Total Funds Budgeted
$ 526,942,441
State Funds Budgeted
$ 207,447,223
Total Positions Budgeted
3,006
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
$ 63,215,609
$ 38,806,433
$
369,580
..$
-0-
$
20,000
$
-0-
$
13,000
$
810
$
180,000
GEORGIA LAWS 1985 SESSION
123
Per Diem, Fees and Contracts Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
$ 1,039,175 $ 50,150,000 $ 153,794,607 $ 149,884,825
3,564
3. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases $
Equipment Purchases
$
Capital Outlay
.
| $
Computer Charges
$
Total Funds Budgeted
$
State Funds Budgeted
$
1,000,000 2,239,987
53,515 350,000 3,643,502 3,093,502
4. Assistance to Counties Budget:
Grants to Counties
V
Total Funds Budgeted
State Funds Budgeted
.
..$ 9,317,013 ..$ 9,317,013
$ 9,317,013
5. 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 Authority Lease Rentals State of Georgia General Obligation Debt Sinking Fund Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
$ 9,908,351
$
960,000
110,000
$ $ $ $ $ $ $ .....$
-0560,000
-01,126,067 1,056,209
300,232 234,897 24,452,289
$ 38,645,856 $ 77,353,901 $ 41,236,634
338
As authorized in the amended General Appropriations Act for State Fiscal Year 1981, $208,500,000 in principal amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service
124
GENERAL ACTS AND RESOLUTIONS, VOL. I
on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $187,650,000 (90%) is to be repaid to the State 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 Interstate Funds amounting to 90% of the total bond issue shall be repaid to the State from future Federal Interstate apportionments. This repayment 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, Section 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 preceding year, less the amount of refunds, rebate and
GEORGIA LAWS 1985 SESSION
125
collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid
126
GENERAL ACTS AND RESOLUTIONS, VOL. I
projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.
For grants to counties for aid in county road construction and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year
GEORGIA LAWS 1985 SESSION
127
for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Code Section 48-14-3 against the amount of funds expended by each county in such year for the purposes authorized by said Section.
Provided further, it is the intent of this General Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and passing lanes.
Provided that State Funds appropriated for on-system Resurfacing, Four-Laning and Passing Lanes in the foregoing activities may be used to match additional Federal Aid resulting from the increase in the Federal Motor Fuel Tax.
Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:
Planning and Construction
Geodetic Control
$
Capital Outlay - Paving State
and Local Schools and State
Institutions
$
Capital Outlay - Paving State
Parks and Historic Sites
$
Capital Outlay - Off-System
Resurfacing
$
This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section IX, Paragraph VI, subsection (b) of the State Constitution.
329,196
750,000 500,000 5,319,211
128
GENERAL ACTS AND RESOLUTIONS, VOL. I
6. Assistance to Municipalities
Budget:
Grants to Municipalities
Total Funds Budgeted
;
State Funds Budgeted
9,317,000 $ 9,317,000 $ 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 governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.
Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
7. Air Transportation Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
Equipment Purchases.....
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
552,105 510,924
11,400 -0-
700 788,000
-01
6,373
GEORGIA LAWS 1985 SESSION
129
Per Diem, Fees and Contracts
Capital Outlay .
Total Funds Budgeted
..'
State Funds Budgeted
Total Positions Budgeted
$ $ .....$ $
400 -0-
1,869,903 1,444,903
16
8. Inter-Modal Transfer Facilities
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 - Airport
Development
$
Capital Outlay - Airport
Operational Improvements
$
Capital Outlay - Airport
Approach Aid
$
Mass Transit Grants..........
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
9. Harbor Maintenance Budget:
Harbor Maintenance Payments
$
Spoilage Area Acquisition
Clearing and Preparation
$
Total Funds Budgeted
$
State Funds Budgeted
.v
... $
739,747 44,537 13,500 -023,100 1,389 -01 21,276
611,800
700,000
1,000,000
150,000 4,748,688 8,054,038 3,500,717
22
400,000
-0400,000 400,000
Budget Unit Object Classes:
Personal Services
Regular Operating Expenses
Travel
Motor Vehicle Equipment
Purchases
........
Publications and Printing
Equipment Purchases
$ 146,158,723
$ 45,106,354
$
1,588,280
$
1,000,000
$
808,054
$ 3,084,676
130
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Mass Transit Grants Grants to Municipalities Harbor Maintenance Payments Grants to Counties Authority Lease Rentals Capital Outlay - Airport
Development State of Georgia General
Obligation Debt Sinking Fund Capital Outlay - Airport
Operational Improvements Capital Outlay - Airport
Approach Aid Geodetic Control Spoilage Area Acquisition
Clearing and Preparation Total Positions Budgeted Authorized Motor Vehicles
$
1,520,067
5
1,085,316
S
1,557,925
5j
7,318,487
3 492,404,481
$
4,748,688
3
9,317,000
3
400.000
$
9,317,013
3 24,452,289
$
700.000
3 38,645,856
5j
1,000,000
!j
150.000
5j
329,196
Jj
-0-
6,946
4,800
For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment.
Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance up to but not exceeding one-half (1/2) of the Non-federal share when matching both Federal and Local Funds, and 50% of an individual airport project when
GEORGIA LAWS 1985 SESSION
131
matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.
Provided, that $400,000 of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance and improvements at Savannah.
Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget.
Provided that the Department of Transportation 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....................................................^
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
$
13,205,345
3,417,612 46,027 80,700
14,000 20,000 63,149
500 191,204
63,106 7,140
132
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay
m
Postage
...
Operating Expense Payments to
Central State Hospital.....
Operating Expense Payments to
Medical College of Georgia
Regular Operating Expenses
for Projects and Insurance
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$
-0-
....$
31,900
$ 8,398,283
$ 3,804,576
$
146,917
$ 16,285,114
$ 13,205,345
142
1
The expenditure object amounts displayed above represent the budget unit object totals.
Veterans Service Functional Budgets
Veterans Assistance
Total Funds State Funds Pos. $ 3,886,049 $ 3,648,595 142
Veterans Home and
Nursing
Facility - Milledgeville $ 8,472,130 $ 6,735,422
0
Veterans Nursing Home - Augusta
$ 3,926,935 $ 2,821,328
0
Total
$ 16,285,114 $ 13,205,345 142
Section 42. Workers' Compensation
Board.
Budget Unit: Workers' Compensation
Board.......................................................$
Operations Budget:
Personal Services
1
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing............. I $
4,893,818
3,924,920 87,709 53,500 -057,600
GEORGIA LAWS 1985 SESSION
133
Equipment Purchases. Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted State Funds Budgeted .. Total Positions Budgeted Authorized Motor Vehicles
7,250
.
$
180,338
$
433,539
$
80,062
$
32,400
$
61,500
....$ 4,918,818
$ 4,893,818
144
1
The expenditure object amounts displayed above represent the budget unit object totals.
Workers' Compensation Board Functional Budgets
Total Funds State Funds Pos.
Administration
$ 4,461,391 $ 4,436,391 129
Vocational Rehabilitation
$
457,427 $
457,427
15
Undistributed
$
-0- $
0
Total
$ 4,918,818 $ 4,893,818 144
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)
104,599,155 .$ 51,573,120
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,500,000 is specifically appropriated for the purpose of financing the construction of water and sewer projects, through the issuance of not more than
134
GENERAL ACTS AND RESOLUTIONS, VOL. I
$30,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,408,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Sports Hall of Fame Board, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,200,000 is specifically appropriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority (by acquisition, construction, development, extension, enlargement and improvement of land, water, property, highways, buildings, structures, equipment and facilities both real and personal, necessary or useful in connection therewith, of and for the Authority) through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,533,760 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Public Safety Training Center established, operated and
GEORGIA LAWS 1985 SESSION
135
maintained by the Board of Public Safety in Monroe County, Georgia, through the issuance of not more than $17,710,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $10,549,760 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Offender Rehabilitation, through the issuance of not more than $41,210,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,280,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Labor 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 Obligation Debt Sinking Fund, $512,000 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the Georgia Department of Administrative Services (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities both real and
136
GENERAL ACTS AND RESOLUTIONS, VOL. I
personal, necessary or useful in connection therewith, of and for the Department), through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $716,800 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, equipping and improvement of land, property, buildings, structures, equipment and facilities both real and personal, necessary or useful, in connection therewith, of and for the Georgia Department of Administrative Services, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,152,000 is specifically appropriated for the purpose of financing the renovation of the Old State Office Building of Georgia Building Authority, 17 Capitol Square in Atlanta, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $230,400 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec-
GEORGIA LAWS 1985 SESSION
137
essary or useful in connection therewith, of and for the Georgia Department of Agriculture through the issuance of not more than $900,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,388,800 is specifically appropriated for the purpose of financing the renovation, construction, development, extension, enlargement, improvement, reconstruction and equipping of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the State Board of Regents of the University System, through the issuance of not more than $5,425,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,560,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems by means of a program of asbestos abatement in such facilities (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), to be administered by the Georgia Department of Education, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $10,240,000 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the
138
GENERAL ACTS AND RESOLUTIONS, VOL. I
acquisition, construction, development, extension, enlargement, improvement, reconstruction and resurfacing of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,329,600 is specifically appropriated for the purpose of financing the renovation of the Boone Building at Central State Hospital of the Department of Human Resources in Baldwin County and financing the correction and renovation of the heating, venting and air conditioning system and other facilities of Northwest Georgia Regional Hospital of the Department of Human Resources in Floyd County (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $9,100,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,120,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Transportation near Savannah, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more
GEORGIA LAWS 1985 SESSION
139
than $26,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,792,000 is specifically appropriated for the purpose of financing a parking facility of the Georgia Building Authority on the 'Old Incinerator' site acquired by the State of Georgia from the City of Atlanta in Fulton County, Georgia, (including the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt.
Section 44. In addition to all other appropriations 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 $7,684,103 for the purpose of providing operating funds for the State physical health laboratories ($135,000 - Budget Unit 'A') and for State mental health/mental retardation institutions ($7,549,103 - 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 remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 45. It is the intent of this General Assembly that appropriations to the object
140
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 46. It is the intent of this General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 47. It is the intent of this General Assembly that each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable 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 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 circumstances requiring frequent and regular use of such State vehicle in official State business under conditions 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
GEORGIA LAWS 1985 SESSION
141
interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 48. It is the intent of this General Assembly that to the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 49. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act.
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GENERAL ACT AND RESOLUTIONS, VOL. I
Section 50. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 51. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds.
State fuiicte'-io^this appropriation shaJJ-be'paid to or on behalfof'G^orgia IndigentfLegal Servieee or its affiliates, nor^ktuTfany Stato faoili ties be made avafijjfetemr tni-qso, including but not lirpitecTto the Georgia interactive Stateyikte'xelecommunications Networl ihcfrairoctly or indirectly.
m M
Section 53. In accordance with the requirements 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 authority created and activated at the time of the effective 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
GEORGIA LAWS 1985 SESSION
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to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 54. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1984 regular session, as amended by the Governor's 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 Committees of the Senate and House of Representa-
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tives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 55. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
Section 56. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and
(2) The number of authorized motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles, and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.
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Section 57. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 58. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 59. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1985.....................
4,352,327,675.
Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 61. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved January 29, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
PUBLIC RETIREMENT SYSTEMS STANDARDS LAW -- DEFINITIONS; INTRODUCTION OF NONFISCAL RETIREMENT BILLS.
Code Sections 47-20-30 and 47-20-32 Amended.
No. 6 (House Bill No. 282).
AN ACT
To amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement Systems Standards Law," so as to change the definitions of a nonfiscal retirement bill and a retirement bill having a fiscal impact; to change the provisions relating to the introduction of nonfiscal retirement bills in the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement Systems Standards Law," is amended by striking paragraphs (4) and (5) of Code Section 4720-30, relating to definitions for the purposes of legislative control provisions, which read as follows:
"(4) 'Nonfiscal retirement bill' means any retirement bill other than one defined by paragraph (5) of this Code section.
(5) 'Retirement bill having a fiscal impact' means:
(A) Any retirement bill having the effect of creating or establishing a new retirement system; or
(B) Any retirement bill granting a benefit increase under a retirement system or affecting employer contributions, employee contributions, the normal cost, or the actuarial accrued liabilities of a retirement system.",
GEORGIA LAWS 1985 SESSION
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in their entirety and substituting in lieu thereof new paragraphs (4) and (5) to read as follows:
"(4) 'Nonfiscal retirement bill' means any retirement bill which:
(A) Affects provisions of a retirement system other than those relating to benefits, employer contributions, employee contributions, normal costs, actuarial accrued liability, or other financial or funding factors of the retirement system; or
(B) Affects one or more provisions of a retirement system relating to benefits, employer contributions, employee contributions, normal costs, actuarial accrued liability, or other financial or funding factors of the retirement system but only in a manner which:
(i) Does not create an actuarial accrued liability of a retirement system if the retirement system had no such liability;
(ii) Does not increase the normal costs or the employer contributions of the retirement system;
(iii) Does not increase the actuarial accrued liability of the retirement system; or
(iv) Causes a net decrease in the actuarial accrued liability of the retirement system; or
(C) Affects provisions of a retirement system in a manner combining the affects described in subparagraphs (A) and (B) of this paragraph.
(5) 'Retirement bill having a fiscal impact' means:
(A) Any retirement bill having the effect of creating or establishing a new retirement system; or
(B) Any retirement bill affecting a retirement system by any one or more of the following methods:
(i) By granting a benefit increase under the retirement system;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) By creating an actuarial accrued liability of the retirement system if the retirement system had no such liability;
(iii) By increasing the normal costs or the employer contributions of the retirement system; or
(iv) By increasing the actuarial accrued liability of the retirement system."
Section 2. Said article is further amended by striking subsection (a) of Code Section 47-20-32, relating to the introduction of nonfiscal retirement bills in the General Assembly, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) A nonfiscal retirement bill may be introduced at any regular session of the General Assembly, but it must be introduced during the first 20 days of a regular session. As a condition precedent to the introduction of a nonfiscal retirement bill, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. If the state auditor finds that the proposed bill is a nonfiscal retirement bill, said officer shall provide a written certification to that effect to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original of the certification of the state auditor that the bill is a nonfiscal retirement bill. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Secretary of the Senate or the Clerk of the House of Representatives, and the bill may not be considered by any committee of the House or Senate or by the House or Senate."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved February 8, 1985.
OFFICIAL CODE OF GEORGIA ANNOTATED -- AMENDED.
No. 8 (House Bill No. 93).
AN ACT
To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to 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. Reserved.
Section 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows:
(1) By deleting the comma following the word "Commissioner" the second time such word appears in subsection (a) of Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of pesticide licenses, permits, or certificates.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) By striking "or programs" and inserting in lieu thereof "or programs" in the material quoted as Article VI(c)3 of the Pest Control Compact contained in Code Section 2-7-130, relating to the enactment and text of the Pest Control Compact.
Section 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows:
(1) By redesignating subsection (1), as enacted by an Act approved April 6, 1984 (Ga. L. 1984, p. 1685), as subsection (m) and by striking from paragraph (3) of said subsection "the effective date of this subsection" and inserting in lieu thereof "April 6, 1984," in Code Section 3-3-7, relating to alcoholic beverage sales on Sunday.
(2) By striking "election" and inserting in lieu thereof "election" in subsection (d) of Code Section 3-4-41, relating to petitions for referendums on the sale of distilled spirits.
(3) By redesignating Code Sections 3-6-150 through 3-6-153, as enacted by an Act approved March 14, 1984 (Ga. L. 1984, p. 375), as Code Sections 3-4-150 through 3-4-153, so that when so redesignated said Code sections shall read as follows:
"3-4-150. This article shall be known and may be cited as the 'Georgia Distilled Spirits Distribution Act.'
3-4-151. This article is promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment 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 distilled spirits industry;
(3) To promote and keep alive a sound and stable system of distribution of distilled spirits to the public;
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(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.
3-4-152. (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 manufacturer 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.
3-4-153. The commissioner shall have the authority to adopt such regulations as are consistent with this article."
Section 4. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended as follows:
(1) By striking "130" and inserting in lieu thereof "One hundred thirty" in subparagraph (c)(2)(B) of Code Section 4-4113, relating to licensing and bonding requirements of livestock market operators, dealers, and brokers.
(2) The catchline citation to Code Section 4-10-7.2, enacted by an Act approved April 3, 1984 (Ga. L. 1984, p. 1216) and incorrectly printed in the 1984 supplement as Code Section 4010-7.2, is corrected to read 4-10-7.2.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Reserved.
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 "commissioner" and inserting in lieu thereof "commissioner" in subsection (g) of Code Section 7-1-37, relating to restrictions on the commissioner, deputy commissioners, and examiners.
(2) By striking "in this Part 19" and inserting in lieu thereof "in this part" in subsection (c) of Code Section 7-1-623, relating to prohibited acquisitions of bank holding companies engaged in regional interstate banking.
(3) By inserting "and" between "Savings" and "Loan" in subsection (c) of Code Section 7-2-9, relating to insurance of deposits and shares in financial institutions.
(4) By striking "Code Section 7-2-2" and inserting in lieu
thereof "Code Section 7-2-1" in subsection (b) of Code Section
7-
2-11, relating to supervision of th
ance corporation by the Department of Banking and Finance.
Section 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows:
(1) By redesignating Code Section 8-2-110, relating to exceptions for elevators on vehicles from the requirements of Part 6 of Article 1 of Chapter 2 of Title 8 for elevators, etc., as enacted by an Act approved April 3, 1984 (Ga. L. 1984, p. 1244), as Code Section 8-2-109.1.
(2) By inserting "or" between "buildings" and "structures" in the last sentence of subsection (b) of Code Section 8-2-217, relating to a total change in the use or occupancy of buildings.
(3) By striking "resources" and inserting in lieu thereof
"resources" in paragraph (11) of subsection (a) of Code Section
8-
3-171, relating to legislative findi
gia Residential Finance Authority Act."
GEORGIA LAWS 1985 SESSION
153
Section 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows:
(1) By striking "and" and inserting in its place "or" in subparagraph (a)(1)(B) of Code Section 9-10-34, relating to venue in actions against third-party defendants.
Section 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows:
(1) By striking the periods and inserting semicolons in lieu thereof at the end of subparagraphs (b)(13)(A) and (b)(13)(B) of Code Section 10-1-393, relating to unfair or deceptive practices in consummer transactions.
(2) By striking "currency-operated" and inserting in lieu thereof "currency operated" in division (l)(A)(i) of Code Section 10-1-410, relating to definitions relative to the sale of business opportunities.
(3) By striking "and agency thereof" and inserting in lieu thereof "an agency thereof" in subparagraph (g)(3)(C) of Code Section 10-5-3, relating to registration, surety bonds, and deposits of security dealers and salesmen.
(4) By striking the periods and inserting semicolons in lieu thereof at the end of subparagraphs (B) and (C) of paragraph (16) of Code Section 10-5-9, relating to exempt securities transactions.
(5) By striking "the effective date of this chapter" and inserting in lieu thereof "November 1, 1982," in subsection (d) of Code Section 10-9-6, relating to the appointment and terms of members of the board of governors of the Geo. L. Smith II Georgia World Congress Center Authority.
(6) By striking the comma following the words "of this Code section" in the third sentence of paragraph (1) of subsection (d) of Code Section 10-9-15, relating to employment of security guards by the Geo. L. Smith II Georgia World Congress Center Authority.
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(7) By striking "herein set forth" and inserting in lieu thereof "set forth in this article" in the first sentence of Code Section 10-9-21, relating to cooperation of state agencies with the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee.
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 "the commissioner of the Department of Natural Resources" and inserting in lieu thereof "commissioner of natural resources" in the first sentence of subsection (a) of Code Section 12-3-193, relating to the membership of the Stone Mountain Memorial Association.
(2) By striking "United States Weather service" and inserting in lieu thereof "United States Weather Service" in paragraph (3) of subsection (a) of Code Section 12-5-376.1, relating to subclassification of category I dams.
Section 13. Reserved.
Section 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows:
(1) By striking the last sentence of paragraph (2) of subsection (a) of Code Section 14-9-20, relating to formation of limited partnerships, which reads as follows:
"The clerk for each registry required by this chapter shall be entitled to the sum of $5.00."
Section 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows:
(1) By striking "even numbered" and inserting in lieu thereof "even-numbered" in Code Section 15-3-4, relating to the election and term of office of Judges of the Court of Appeals.
GEORGIA LAWS 1985 SESSION
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(2) By striking "two-thirds" and inserting in lieu thereof "two-thirds' " and by striking "duties of administrative judge" and inserting in lieu thereof "duties of the administrative judge" in Code Section 15-5-4, relating to the election of a district administrative judge.
(3) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (b)(1)(C), subparagraph (b)(2)(D), and paragraph (3) of subsection (b) of Code Section 15-6-67, relating to the recordation of maps and plats by clerks of superior courts.
(4) By striking "26,443.00" and inserting in lieu thereof "26,448.00" in Code Section 15-6-88, relating to minimum annual salaries for clerks.
(5) By deleting "county court," in Code Section 15-6-89, relating to additional remuneration for services by clerks.
(6) By striking "in such capacity; provided" and inserting in lieu thereof "in such capacity, provided" in subsection (g) of Code Section 15-10-20, relating to the number and selection of magistrates.
(7) By striking "drunkeness" and inserting in lieu thereof "drunkenness" in subsection (b) of Code Section 15-10-62, relating to the use of citations or accusations in cases of county ordinance violations.
(8) By striking "drunkeness" and inserting in lieu thereof "drunkenness" in subsection (d) of Code Section 15-10-63, relating to the use, contents, and service of citations in cases of county ordinance violations.
(9) By striking "herein" and inserting in lieu thereof "in paragraph (1) of this subsection" in paragraph (2) of subsection (d) and by striking "approval of governing authority" and inserting in lieu thereof "approval of the governing authority" in subsection (i) of Code Section 15-11-3, relating to the creation of juvenile courts.
(10) By striking the period and inserting in lieu thereof % or" at the end of subparagraph (a)(1)(F) of Code Section 1511-5, relating to the jurisdiction of the juvenile court.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) By deleting ", employees of the detention home," in Code Section 15-11-9, relating to personnel of the juvenile court.
(12) By striking the semicolon and inserting in lieu thereof a colon at the end of the introductory language of subsection (a) of Code Section 15-11-56, relating to expenses charged to the county by the juvenile court.
(13) By striking "herein" and inserting in lieu thereof "in this article" in paragraph (2) of subsection (a) of Code Section 15-12-40, relating to the compilation and revision of jury lists.
(14) By striking "first class" and inserting in lieu thereof "first-class" in subsection (b) of Code Section 15-12-65, relating to the service of summons on jurors.
(15) By striking "Officers" and inserting in lieu thereof "Officers' " and by striking "Sheriffs" and inserting in lieu thereof "Sheriffs' " in subsection (d) of Code Section 15-18-44, relating to the powers and duties of the Prosecuting Attorneys' Council.
(16) By inserting a comma following "fees" in subsection (a) of Code Section 15-19-2, relating to rules governing the Board of Bar Examiners.
(17) By inserting a comma following "by law; and" in Code Section 15-21-4, relating to the distribution of fines and forfeitures generally.
Section 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows:
(1) By deleting the comma following "thereof" and inserting a comma following "officer" in Code Section 16-7-45, relating to the enforcement of littering provisions.
(2) By inserting "a" before "conveyance" in subsection (a) of Code Section 16-7-61, relating to arson in the second degree.
(3) By striking "30-point" and inserting in lieu thereof "30 point" in subsection (a) of Code Section 16-9-52, relating to improper solicitation of money.
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(4) By striking in its entirety Code Section 16-11-35, relating to failure to leave university system or school property when directed, and inserting in lieu thereof a new Code Section 1611-35 to read as follows:
"16-11-35. (a) As used in this Code section, the term:
(1) 'Chief administrative officer,' in the case of a public school, means the principal of the school or an officer designated by the superintendent or board of education having jurisdiction of the school to be the officer in charge of the public school.
(2) 'Chief administrative officer,' in the case of a unit of the university system, means the president of the unit of the university system or the officer designated by the Board of Regents of the University System of Georgia to administer and be the officer in charge of a campus or other facility of a unit of the university system.
(3) 'Public school' means any school under the control and management of a county, independent, or area board of education supported by public funds and any school under the control and management of the State Board of Education or department or agency thereof supported by public funds.
(4) 'Unit of the university system' means any college or university under the government, control, and management of the Board of Regents of the University System of Georgia.
(b) In any case in which a person who is not a student or officer or employee of a unit of the university system or of a public school and who is not required by his employment to be on the campus or any other facility of any such unit or of any public school enters the campus or facility, and it reasonably appears to the chief administrative officer of the campus or facility, or to any officer or employee designated by him to maintain order on the campus or facility, that such person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the
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GENERAL ACTS AND RESOLUTIONS, VOL. I
purpose of committing any such act, the chief administrative officer or the officers or employees designated by him to maintain order on the campus or facility may direct the person to leave the campus or facility, and, if the person fails to do so, he shall be guilty of a misdemeanor."
(5) By striking "of another by eavesdropping" and inserting in lieu thereof "of others by eavesdropping" in paragraph (3) and by striking "section" and inserting in lieu thereof "Section" in paragraph (5) of Code Section 16-11-62, relating to eavesdropping or other invasions of privacy.
(6) By striking "provision" and inserting in lieu thereof "provisions" and by deleting the comma following "law enforcement officer" in paragraph (1) of subsection (d) of Code Section 16-11-64, relating to interception of wire or oral transmissions by law enforcement officers.
(7) By striking "insure" and inserting in lieu thereof "ensure" in subsection (b) of Code Section 16-11-65, relating to licenses to intercept telephonic communications.
(8) By striking "tax exempt organization" and inserting in lieu thereof "tax-exempt organization" in subsection (a) of Code Section 16-12-53, relating to licensing of bingo games.
(9) By striking "Drug-related" and inserting in lieu thereof "Drug related" in paragraph (3) of subsection (a), by inserting a comma following "effectiveness" in subparagraph (a)(3)(D), and by striking "drug-related" and inserting in lieu thereof "drug related" wherever such words are found in Code Section 1613-1, relating to providing drug related objects to minors.
(10) By striking "which includes" and inserting in lieu thereof "which include" in paragraph (8), by striking "subparagraph (3)(P)" and inserting in lieu thereof "subparagraph (P) of paragraph (3)" in paragraph (16), and by inserting "of this paragraph" following "subparagraph (A)" in subparagraph (B) of paragraph (17) of Code Section 16-13-21, relating to definitions regarding controlled substances.
(11) By striking "not more than 15 years" and inserting in lieu thereof "nor more than 15 years" in subsection (e) of
GEORGIA LAWS 1985 SESSION
159
Code Section 16-13-30, relating to the penalties for possession, manufacture, or distribution of controlled substances or marijuana.
(12) By inserting a comma following "delivers" in subsection (d) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, or marijuana.
(13) By inserting a comma after "exchange, distribute" and by striking "progagating" and inserting in lieu thereof "propagating" in subsection (b) of Code Section 16-13-32.1, relating to transactions in drug related objects.
(14) By striking "practioner" and inserting in lieu thereof "practitioner" in subsection (b) of Code Section 16-13-41, relating to prescriptions for controlled substances.
(15) By inserting a comma following "else" in paragraph (1) of subsection (d) of Code Section 16-14-5, relating to criminal penalties for certain RICO violations.
Section 17. Reserved.
Section 18. Title 18 of the Official Code of Georgia Annotated, relating to debtors and creditors, is amended as follows:
(1) By striking "in subparagraph (d)(1)(B) of this Code section" and inserting in lieu thereof "in subparagraph (B) of paragraph (1) of this subsection" in paragraph (2) of subsection (d) of Code Section 18-4-20, relating to property subject to garnishment generally.
Section 19. Reserved.
Section 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows:
(1) By striking "said subparagraph (A)" and inserting in lieu thereof "subparagraph (A) of this paragraph" in subparagraph (a)(1)(B) of Code Section 20-2-54.1, relating to procedure for filling vacancies on county boards of education.
(2) By striking "Georgia" in paragraph (2) of subsection (c) of Code Section 20-2-250, relating to certain powers and duties regarding capital outlay funds.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) By striking the semicolons following "buses" and "program" and inserting in lieu thereof commas and by striking the comma following "music" in Code Section 20-2-411, relating to the use of public school funds.
(4) By inserting a comma following "section" in subsection (b) of Code Section 20-2-520, relating to acquiring and disposing of school sites.
(5) By striking "20-2-703" and inserting in lieu thereof "202-702" in Code Section 20-2-624, relating to school attendance during suspension of school.
(6) By striking the period following "jurisdiction" and inserting in lieu thereof a semicolon in paragraph (2) of subsection (c) of Code Section 20-2-690, relating to private schools and home study programs.
(7) By striking the semicolon following "student" and inserting in lieu thereof a period in paragraph (3) of subsection (a) of Code Section 20-2-753, relating to disciplinary hearings for students.
(8) By deleting the comma following "20-2-753" in subsection (a) of Code Section 20-2-754, relating to procedures for disciplinary hearings.
(9) By inserting a comma following "subpart" in subsection (c) of Code Section 20-2-757, relating to application of public inspection and open meeting requirements to disciplinary hearings.
(10) By striking "employees' share" and inserting in lieu thereof "employee's share" in subsection (a) of Code Section 20-2-920, relating to health insurance fund contributions.
(11) By striking "The Superintendent" and inserting in lieu thereof "The State School Superintendent" in subsection (a) of Code Section 20-2-922, relating to employer and employee commencement dates.
(12) By striking "or" and inserting in lieu thereof "of" of paragraph (3) of Code Section 20-2-982, relating to definitions regarding certain professional standards.
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(13) By deleting the commas following "services", "duties", and "performance" in Code Section 20-2-986, relating to reimbursement of expenses of Professional Standards Commission members.
(14) By striking "10-2-1090" and inserting in lieu thereof "20-2-1090" in Code Section 20-2-1094, relating to retention of certain insurance policies by school boards.
(15) By striking "above listed" and inserting in lieu thereof "above-listed" in paragraph (2) of Code Section 20-3-131, relating to definitions regarding junior colleges.
(16) By deleting "State" preceding "Department" in subsection (e) of Code Section 20-4-100, relating to tuition fees of certain vocational-technical schools.
(17) By deleting "Georgia" in subsection (a) of Code Section 20-5-48, relating to ownership of library property.
(18) By striking "constitution" and inserting in lieu thereof "Constitution" in Code Section 20-5-49, relating to authorization of library systems to enter into contracts.
(19) By striking "public public library" and inserting in lieu thereof "public library" in Code Section 20-5-54, relating to prohibition of certain acts regarding library property.
(20) By striking " 'Engineering Experiment Station' " and inserting in lieu thereof " 'Georgia Tech Research Institute' by striking "Engineering Experiment Station" and inserting in lieu thereof "Georgia Tech Research Institute"; by striking "central experiment station" and inserting in lieu thereof "research institute"; by striking "station" and inserting in lieu thereof "research institute"; and by striking "station's" and inserting in lieu thereof "research institute's" throughout Code Sections 20-11-1 through 20-11-6, relating to the creation and operation of the Engineering Experiment Station.
(21) By striking "President" and inserting in lieu thereof "president" in Code Section 20-11-7, relating to authorization for changing the name of the Engineering Experiment Station.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 adding ''or" following the semicolon at the end of paragraph (1) of subsection (a) of Code Section 24-9-102, relating to appointment of interpreters for hearing impaired persons.
Section 25. Title 25 of the Official Code of Georgia Annotated, relating to firo protection and safety, is amended as follows:
(1) By striking "State Historic Preservation Officer" and inserting in lieu thereof "state historic preservation officer" in paragraphs (2) and (3) of subsection (a), in division (b)(3)(B)(iii), and in subparagraph (b)(3)(E) of Code Section 25-2-13, relating to construction requirements for buildings presenting special hazards to persons or property.
(2) By striking "the effective date of this article" and inserting in lieu thereof "July 1, 1984," in subsection (b) of Code Section 25-3-23, relating to general requirements for a legally organized fire department.
(3) By striking "within 24 months after the effective date of this article" and inserting in lieu thereof "by July 1, 1986" in Code Section 25-3-26, relating to the duty of the superintendent of the Georgia Fire Academy to cooperate with fire departments.
Section 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows:
(1) By striking "guaranty of" and inserting in lieu thereof of "guaranty or" in paragraph (7) of Code Section 26-2-22, relating to prohibited acts regarding the adulteration and misbranding of food.
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(2) By striking "subparagraph (1)(H)" and inserting in lieu thereof "subparagraph (H) of paragraph (1)" in subsection (a) of Code Section 26-2-88, relating to certain penalties regarding adulterated articles.
(3) By striking "hereunder" and inserting in lieu thereof "under this article" in paragraph (1) of subsection (a) of Code Section 26-2-233, relating to rules and regulations regarding milk and milk products.
(4) By striking "subparagraph (B) of this paragraph" and
inserting in lieu thereof "this subparagraph" in subparagraph
(a)
(5)(B) of Code Section 26-3-8, relating to misbranded d
or devices.
(5) By striking "Georgia State Board of Pharmacy" and inserting in lieu thereof "board" throughout Code Section 264-50, relating to the director of the Georgia Drugs and Narcotics Agency.
(6) By striking "dentrifice" and inserting in lieu thereof "dentifrice" in subsection (a) of Code Section 26-4-111, relating to the manufacture of certain drugs and medicines.
(7) By striking "management" and inserting in lieu thereof "management" in paragraph (10) of Code Section 26-4-131, relating to definitions regarding nuclear pharmacy.
(8) By striking "Commissioner of Insurance" and inserting in lieu thereof "Commissioner" in subsections (a) and (d) and 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 approval of third-party prescription programs.
(9) By striking "Commissioner of Insurance" and inserting in lieu thereof "Commissioner" in paragraph (10) of subsection (a) of Code Section 26-4-144, relating to general requirements of third-party prescription programs.
(10) By striking "the effective date of this part" and inserting in lieu thereof "January 1,1984" and by striking "Commissioner of Insurance" and inserting in lieu thereof "Commissioner" in
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GENERAL ACTS AND RESOLUTIONS, VOL. I
subsection (a) and by striking "Commissioner of Insurance" and inserting in lieu thereof "Commissioner" three times in subsection (b) of Code Section 26-4-146, relating to registered administrators of third-party prescription programs.
Section 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows:
(1) By striking the periods and inserting semicolons in lieu thereof at the end of paragraphs (1) and (2) of subsection (a) of Code Section 27-1-36, relating to civil enforcement of the game and fish laws.
(2) By adding a comma between the words "Georgia Administrative Procedure Act" and the quotation mark following such words in subsection (d) of Code Section 27-1-37, relating to administrative orders and administrative review under the game and fish laws.
(3) By adding a comma between the words "Georgia Administrative Procedure Act" and the quotation mark following such words in subsection (c) of Code Section 27-2-25, relating to administrative and judicial review of license or permit denials.
(4) By striking "punishable" and inserting in lieu thereof "punished" in subsection (e) of Code Section 27-2-25.1, relating to suspension of hunting licenses for negligent hunting.
(5) By adding commas following the word "odors" in the second sentence and following the word "denial" in the third sentence and by striking "this Code Section" and inserting in lieu thereof "this Code section" in the third sentence of Code Section 27-3-73, relating to disposal of carcasses of fur-bearing animals by fur dealers.
(6) By striking "of this title" following "Code Section 27-4-192" in the second sentence of subsection (a) of Code Section 27-4-193, relating to the taking of oysters and clams for purposes of transplanting.
Section 28. Reserved.
Section 29. Reserved.
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Section 30. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows:
(1) By striking "Board of Regents of the University System" and inserting in lieu thereof "Board of Regents of the University System of Georgia" in Code Section 30-3-3, relating to applicable standards and specifications for construction of government buildings, public buildings, and facilities.
(2) By striking "Board of Regents of the University System" and inserting in lieu thereof "Board of Regents of the University System of Georgia" in paragraph (1) of subsection (a) of Code Section 30-3-5, relating to responsibility for enforcement and administration of Chapter 3 of Title 30 of the Official Code of Georgia Annotated, by striking the period and inserting a semicolon in lieu thereof at the end of subparagraph (a)(2)(A) of such Code section, and by striking the period and close-quotation mark and inserting in lieu thereof a close-quotation mark followed by a semicolon at the end of subparagraph (a)(2)(B) of such Code section.
(3) By striking "first class mail" and inserting in lieu thereof "first-class mail" in subsection (f) of Code Section 30-55, relating to investigation of reports of the need for protective services for disabled adults.
Section 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows:
(1) By striking the comma following "county" in paragraph (3) of subsection (a) of Code Section 31-3-2, relating to the composition of county boards of health, and by redesignating the second subsection (e) of said Code section, as enacted by an Act approved April 4, 1984 (Ga. L. 1984, p. 1325), as subsection (f) of said Code section.
(2) By striking "act" and inserting in lieu thereof "Act" in Code Section 31-3-5, relating to functions of county boards of health.
(3) By striking "the effective date of this chapter" and inserting in lieu thereof "July 1, 1983," in Code Section 31-6-48, relating to abolishment of previously existing health planning units.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) By striking "prior to the effective date of this chapter and those entities so responsible after the effective date of this chapter," and inserting in lieu thereof "prior to July 1, 1983, and those entities so responsible after July 1,1983," in the introductory language, by striking "prior to the effective date of this chapter," and inserting in lieu thereof "prior to July 1, 1983," in paragraph (1), and by striking "of this chapter" both times that it appears in paragraph (4) of Code Section 31-6-49, relating to transitional provisions relative to the several health agencies.
(5) By striking "the effective date of this chapter" and inserting in lieu thereof "July 1, 1983" both times that it appears in Code Section 31-6-50, relating to application of review procedures to expenditures under the Social Security Act.
(6) By striking "sue and be sued" and inserting in lieu thereof "bring and defend actions" in Code Section 31-7-22, relating to creation of the Georgia Building Authority (Hospital).
(7) By striking "herein provided" and inserting in lieu thereof "provided in this subsection" and by striking "to sue" and inserting in lieu thereof "to bring an action" in subsection (d) of Code Section 31-7-57, relating to injunctions against medical facilities which are in violation of the provisions relative to grants-in-aid for construction.
(8) By striking "herein" and inserting in lieu thereof "in this Code section" in Code Section 31-7-94, relating to grants to hospital authorities.
(9) By striking "To sue and be sued" and inserting in lieu thereof "To bring and defend an action" in paragraph (1) of subsection (a) of Code Section 31-7-114, relating to powers of Residential Care Facilities for the Elderly Authorities.
(10) By striking "hereunder" and inserting in lieu thereof "under this article" in paragraph (2) of subsection (a) of Code Section 31-7-118, relating to tax exemption for the bonds issued by Residential Care Facilities for the Elderly Authorities.
(11) By striking "herein authorized" and inserting in lieu thereof "authorized in this article" in Code Section 31-7-120, relating to construction of the "Residential Care Facilities for the Elderly Authorities Act."
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(12) By striking "individual or organizations" and inserting in lieu thereof "individuals or organizations" in paragraph (2) of Code Section 31-7-131, relating to definitions relative to health care providers.
(13) By striking "discovery or used" and inserting in lieu thereof "discovery or use" in Code Section 31-7-133, relating to confidentiality of health care providers peer review groups.
(14) By striking "(medicare)" and inserting in lieu thereof "medicare" in Code Section 31-7-153, relating to standards for home health agencies.
(15) By striking "At all time" and inserting in lieu thereof "At all times" in subsection (1) of Code Section 31-7-193, relating to the Hospital Equipment Financing Authority.
(16) By striking "prior to the effective date of this article" and inserting in lieu thereof "prior to April 6, 1984," in paragraph (16) of subsection (a) of Code Section 31-7-194, relating to powers of the Hospital Equipment Financing Authority.
(17) By striking "Limitation" and inserting in lieu thereof "Limitations" in subparagraph (b)(1)(D) of Code Section 31-7198, relating to bonds of the Hospital Equipment Financing Authority.
(18) By striking "promulgated hereunder" and inserting in lieu thereof "promulgated pursuant to this article" in Code Section 31-8-1, relating to establishment of the Hospital Care for the Indigent Program.
(19) By striking "herein defined" and inserting in lieu thereof "defined in this Code section" in Code Section 31-8-6, relating to credit for expenditures by counties under the Hospital Care for the Indigent Program.
(20) By adding a comma between "701" and "et seq." in Code Section 31-8-8, relating to agreements between the Department of Human Resources and other governmental agencies relative to hospital care for indigents.
(21) By adding a comma between "1396" and "et seq." in paragraph (2) of Code Section 31-8-31, relating to definitions relative to hospital care for nonresident indigents.
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(22) By striking "Medicare" and inserting in lieu thereof "medicare" in paragraph (2) of subsection (a) of Code Section 31-8-106, relating to the duty of a long-term care facility to inform residents of costs.
(23) By striking "Medicare" and inserting in lieu thereof "medicare" in paragraphs (2) and (7) of Code Section 31-8-114, relating to the right of privacy of a resident in a long-term care facility.
(24) By striking "Medicare" and inserting in lieu thereof "medicare" in paragraphs (3) and (4) of subsection (a) of Code Section 31-8-116, relating to involuntary transfers of residents in long-term care facilities.
(25) By inserting a comma after "violation; and" in subsection (e) of Code Section 31-8-125, relating to the right of a resident of a long-term care facility to request a hearing under the "Georgia Administrative Procedure Act."
(26) By striking the comma following "Code Section 31-58" in subsection (g) of Code Section 31-8-126, relating to a cause of action against a long-term care facility.
(27) By striking "hereunder" and inserting in lieu thereof "under this chapter" in paragraph (19) of Code Section 31-112, relating to definitions relative to emergency medical services.
(28) By striking "hereunder" and inserting in lieu thereof "under this chapter" in Code Section 31-11-9, relating to enforcement of the Act relative to emergency medical services.
(29) By striking "hereunder" and inserting in lieu thereof "under this article" in subsection (a) of Code Section 31-11-36, relating to suspension or revocation of licenses of emergency medical technicians.
(30) By inserting "Chapter 13 of Title 50," before "the 'Georgia Administrative Procedure Act,' " in subsection (a) of Code Section 31-13-7, relating to permits for disposal of radioactive waste.
(31) By striking "Trepass" and inserting in lieu thereof "Trespass" in paragraph (4) of subsection (a) of Code Section
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31-14-13, relating to prohibited conduct upon grounds of hospitals for the treatment of tuberculosis.
(32) By adding "and" at the end of paragraph (5) of Code Section 31-16-5, relating to functions of the Kidney Disease Advisory Committee.
(33) By striking "hereunder" and inserting in lieu thereof "under this chapter" in Code Section 31-17-8, relating to the penalty for violation of the law on control of venereal disease.
(34) By striking the comma following "spinal cord disabled person" in subsection (c) of Code Section 31-18-4, relating to the duties of the Department of Human Resources with respect to spinal cord disabled persons.
(35) By striking "hereunder" and inserting in lieu thereof "under this chapter" in subsection (d) of Code Section 31-22-4, relating to the collection and examination of human specimens by clinical laboratories.
(36) By striking "herein" and inserting in lieu thereof "in this chapter" in paragraph (3) of Code Section 31-22-9, relating to the applicability of the requirements for clinical laboratories to laboratories operated by hospitals.
(37) By striking "hereunder" and inserting in lieu thereof "under this chapter" in Code Section 31-22-12, relating to injunctions against unlicensed clinical laboratories.
(38) By striking "as hereinafter set forth" and inserting in lieu thereof "as set forth in this subsection" in subsection (a) of Code Section 31-25-2, relating to the certificate of registration of the State Department of Agriculture required for those who make articles of bedding.
(39) By striking "hereunder" and inserting in lieu thereof "under this chapter" in Code Section 31-26-6, relating to enforcement of the laws on midwifery.
(40) By striking "hereunder" and inserting in lieu thereof "under this chapter" in Code Section 31-26-7, relating to injunctions against violations of the laws on midwifery.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(41) By striking "herein" and inserting in lieu thereof "in this Code section" in Code Section 31-27-5, relating to the bond requirement for promoters of mass gatherings.
(42) By striking "herein provided" and inserting in lieu thereof "provided in this Code section" in subsection (b) of Code Section 31-27-11, relating to penalties for violation of the laws on mass gatherings.
(43) By striking "hereunder" and inserting in lieu thereof "under this chapter" in Code Section 31-28-6, relating to inspection of tourist courts by the Department of Human Resources.
(44) By redesignating Chapter 32 of Title 31 and Code Sec-
tions 31-32-1 through 31-32-6, relating to health records, as en-
acted by an Act approved April 6, 1984 (Ga. L. 1984, p. 1680),
as Chapter 33 of Title 31 and Code Sections 31-33-1 through
31-
33-6, respectively.
Section 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows:
(1) By striking "Officers" and inserting in lieu thereof "Officers' " and by striking "Sheriffs" and inserting in lieu thereof "Sheriffs' " in Code Section 32-1-7, relating to disbursement of fines and forfeitures collected by the Department of Public Safety.
(2) By striking "herein" and inserting in lieu thereof "in this paragraph" in subparagraph (f)(4)(C) of Code Section 32-23, relating to the development of long-range transportation plans.
(3) By striking "Code Sections 32-2-75 through 32-2-77" and
inserting in lieu thereof "this Code section and Code Sections
32-
2-76 and 32-2-77" in subsec
relating to retention of funds by the state until completion of
work by a contractor.
(4) By striking "air space" and inserting in lieu thereof "airspace" in subsection (a) of Code Section 32-3-1, relating to the authority to acquire property for transportation purposes.
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(5) By striking "in term or vacation," from Code Section 32-3-17.1, relating to the effect of an appeal on condemnation proceedings.
(6) By striking "Code Sections 40-6-200, 40-6-202, 40-6-203, and 40-6-204" and inserting in lieu thereof "Code Section 406-200 and Code Sections 40-6-202 through 40-6-204" in the introductory language of Code Section 32-6-2, relating to the authority to regulate parking.
(7) By striking "15^" and inserting in lieu thereof "1.5^" in paragraph (1) of subsection (a) of Code Section 32-6-27, relating to enforcement of load limitations.
(8) By striking "House Highway Committee" and inserting in lieu thereof "House Transportation Committee" in subsection (a) and by striking ": and" and inserting in lieu thereof "; and" in paragraph (1) of subsection (b) of Code Section 32-6-75.1, relating to the Outdoor Advertising Citizens Advisory Council.
(9) By striking "Paragraphs (1) through (7), (9) and (10), (13) through (17), and (19) and (20)" and inserting in lieu thereof "Paragraphs (1) through (7), (9), (10), (13) through (17), (19), and (20)" in the introductory language of Code Section 32-6-76, relating to restrictions on directional signs generally.
(10) By striking "whom" and inserting in lieu thereof "who" in subsection (f) of Code Section 32-6-79, relating to permits for nonconforming signs.
(11) By striking "their respective public road systems" and inserting in lieu thereof "its respective public road system" in subsection (a) of Code Section 32-6-194, relating to the procedure for grade crossing elimination.
(12) By striking "their own expense" and inserting in lieu thereof "its own expense" and by striking "their respective public road systems" and inserting in lieu thereof "its respective public road system" in subsection (b) of Code Section 32-6-197, relating to maintenance of overpasses and underpasses.
(13) By striking "State Fire Marshal" and inserting in lieu thereof "state fire marshal" in subsection (b) of Code Section
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GENERAL ACTS AND RESOLUTIONS, VOL. I
32-6-223, relating to transportation of hazardous materials on public roads.
(14) By striking "Georgia Highway Authority Act of 1967" and inserting in lieu thereof" 'Georgia Highway Authority Act' of 1967" in paragraph (2) of Code Section 32-10-1, relating to definitions relative to the Georgia Highway Authority.
(15) By striking "within" and inserting in lieu thereof "inside" in Code Section 32-10-32, relating to bonds of the Georgia Highway Authority.
(16) By striking "within" and inserting in lieu thereof "inside" in subsection (a) of Code Section 32-10-40, relating to trust indentures as security for bonds of the Georgia Highway Authority.
(17) By striking "within" and inserting in lieu thereof "inside" in Code Section 32-10-92, relating to determination of the forms of bonds of the State Tollway Authority.
(18) By striking "within" and inserting in lieu thereof "inside" in subsection (a) of Code Section 32-10-100, relating to trust indentures as security for bonds of the State Tollway Authority.
Section 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows:
(1) By striking "said Code section" and inserting in lieu thereof "Code Section 33-7-14" in paragraph (2) of subsection (a) of Code Section 33-3-6, relating to general requirements as to capital stock or surplus.
(2) By striking "paragraph" and inserting in lieu thereof "subsection" in subsection (j) of Code Section 33-7-11, relating to requirements of motor vehicle liability insurance policies.
(3) By striking the period following "taxes" and inserting in lieu thereof a semicolon in subparagraph (b)(3)(C) of Code Section 33-8-8.2, relating to local taxation of certain insurance companies.
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(4) By striking "actuarily" and inserting in lieu thereof "actuarially" in paragraph (2) of Code Section 33-9-21, relating to filing certain rates, plans, and systems with the Commissioner.
(5) By adding a new subsection immediately following subsection (a), to be designated subsection (a.l), to read as follows:
"(a.l) As used in this Code section, the term 'reserves' means reserve liabilities.";
by deleting ", hereinafter called reserves," in subsection (b); and by striking "herein" and inserting in lieu thereof "in this paragraph" in paragraph (2) of subsection (d) of Code Section 33-10-13, relating to valuation of reserves.
(6) By striking "subparagraphs (8)(B) and (8)(C)" and inserting in lieu thereof "subparagraphs (B) and (C) of paragraph (8)" in subsection (q) of Code Section 33-11-35, relating to separate accounts for variable annuity contracts.
(7) By striking "provision" and inserting in lieu thereof "paragraph" in paragraph (3) of subsection (b); by striking "subparagraphs (8)(B) and (8)(C)" and inserting in lieu thereof "subparagraphs (B) and (C) of paragraph (8)" in subsection (h); and by deleting ", the 'Georgia Insurance Code,' " in paragraph (1) of subsection (i) of Code Section 33-11-36, relating to separate accounts for variable life insurance policies.
(8) By inserting "(V)" immediately beneath column heading (F) and by inserting "(VI)" immediately beneath column headings (G) and (H) in the form contained in subsection (b) of Code Section 33-14-61, relating to transaction of insurance by certain domestic mutual insurers.
(9) By striking "cancelled" and inserting in lieu thereof "canceled" in subsection (c) of Code Section 33-22-13, relating to cancellation of insurance contracts upon default.
(10) By striking "cancelled" and inserting in lieu thereof "canceled" in subsection (a) of Code Section 33-22-14, relating to disposition of certain unearned premiums.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) By striking "therein" and inserting in lieu thereof "in subsection (e) of this Code section" and by striking "such paragraph" and inserting in lieu thereof "paragraph (1) of this subsection" in paragraph (2) of subsection (b); by striking "therein" and inserting in lieu thereof "in subsection (e) of this Code section" and by striking "such paragraph" and inserting in lieu thereof "paragraph (1) of this subsection" in paragraph (3) of subsection (b); by striking "therein" and inserting in lieu thereof "in subsection (e) of this Code section" in paragraph (1) of subsection (d); and by striking "hereinafter defined" and inserting in lieu thereof "defined in this subsection" in paragraph (1) of subsection (e) of Code Section 33-25-4, relating to certain required nonforfeiture provisions.
(12) By striking "herein" and inserting in lieu thereof "in this Code section" in paragraph (3) of subsection (b) of Code Section 33-27-3, relating to certain required policy provisions.
(13) By striking "therein" and inserting in lieu thereof "in such policy" in paragraphs (1) and (2) of subsection (a) of Code Section 33-29-2, relating to certain general policy requirements.
(14) By striking "orginating" and inserting in lieu thereof "originating" in paragraph (6) of subsection (b) of Code Section 33-29-4, relating to certain required policy provisions.
(15) By striking "commissioner" and inserting in lieu thereof "commissioner of public safety" throughout Code Section 33-34-10, relating to the proof of insurance prior to licensing of motor vehicles.
(16) By redesignating Code Section 33-34-10.1, relating to the effect of bail forfeiture on mandatory suspension of driver's license, as enacted by an Act approved April 3, 1984 (Ga. L. 1984, p. 1221), as Code Section 33-34-10.2.
(17) By striking "the effective date of this chapter" and inserting in lieu thereof "January 1, 1984" in subsection (a) and by striking "above" and inserting in lieu thereof "of this Code section" in subsection (d) of Code Section 33-39-2, relating to certain obligations imposed on insurance institutions.
(18) By striking "above" and inserting in lieu thereof "of this paragraph" in subparagraph (B) of paragraph (1) and sub-
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paragraph (B) of paragraph (13) of Code Section 33-39-3, relating to definitions regarding the collection, use, and disclosure of certain information by insurance institutions.
Section 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows:
(1) By striking "paragraphs (1), (2), or (3)" and inserting in lieu thereof "paragraph (1), (2), or (3)" in subsection (d) of Code Section 34-8-7.1, relating to deduction of child support obligations from unemployment compensation.
(2) By striking "or" at the end of subparagraph (A) of paragraph (2) of Code Section 34-8-158, relating to grounds for disqualification for unemployment benefits.
(3) By striking "provided, further, that if the dependent surviving spouse" and inserting in lieu thereof "provided, further, that, if the dependent surviving spouse" in subsection (c) and by striking "hereinbefore specifically provided for" and inserting in lieu thereof "specifically provided for in this Code section" in subsection (e) of Code Section 34-9-13, relating to persons presumed dependent and termination of dependency with regard to a deceased employee under workers' compensation.
(4) By striking "as of the effective date of this Code section" and inserting in lieu thereof "as of April 22,1982" in subsection (a) of Code Section 34-9-130.1, relating to insurance policies against liability for compensation under workers' compensation law..
(5) By striking "leg, but if amputated" and inserting in lieu thereof "leg but, if amputated" in subsection (e) of Code Section 34-9-263, relating to compensation under workers' compensation for permanent partial disability.
(6) By striking "Within 60 days after the effective date of this chapter" and inserting in lieu thereof "Within 60 days after July If 1984," in subsection (a) of Code Section 34-11-8, relating to appointment of a chief inspector under the "Boiler and Pressure Vessel Safety Act."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) By striking "following the date on which this chapter becomes effective," and inserting in lieu thereof "following July 1, 1984," in Code Section 34-11-16, relating to the requirement of a valid inspection certificate for operation of a boiler or pressure vessel.
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 "at the scene of crimes" and inserting in lieu thereof "at the scene of a crime" in paragraph (4) of subsection (a) of Code Section 35-3-4, relating to the powers and duties of the Georgia Bureau of Investigation.
(2) By redesignating paragraph (1) as paragraph (1.1) and by redesignating paragraph (8) as paragraph (1) of Code Section 35-3-30, relating to definitions relative to the Georgia Crime Information Center.
(3) By striking "concerned, but if not forwarded" and inserting in lieu thereof "concerned; but, if not forwarded" in the second sentence of subsection (d) of Code Section 35-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints and photographs to the Georgia Crime Information Center.
(4) By striking "This training" and inserting in lieu thereof "The training required by subsection (a) of this Code section" in subsection (b) of Code Section 35-8-20, relating to training requirements for police chiefs, department heads, and wardens.
Section 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows:
(1) By striking "Paragraph 111(c)" and inserting in lieu thereof "Paragraph 11(c)" in Code Section 36-17-20, relating to authorization of grants to counties for county roads and maintenance.
(2) By redesignating Chapter 19 of Title 36 and Code Sections 36-19-1 and 36-19-2, relating to immunity of cities and counties from antitrust liability, as Chapter 65 of Title 36 and Code Sections 36-65-1 and 36-65-2, respectively.
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(3) By striking "obligations bonds" and inserting in lieu thereof "obligation bonds" in paragraph (1) of Code Section 3682-121, relating to definitions relative to regulation of interest rates for municipal, county, school district, or political subdivision bonds.
(4) By striking subparagraph (A) of paragraph (3) of Code Section 36-82-140, relating to use of facsimile signatures and seals and contracts with financial institutions to perform certain repayment functions in connection with local bonds, and inserting in lieu thereof a new subparagraph (A) of paragraph (3) of said Code section, to read as follows:
"(3) (A) Whenever any municipality shall borrow money any repayment obligation with respect thereto may be evidenced:
(i) By bonds issued in such form either coupon or fully registered or both coupon and fully registered in such denominations and with such provisions for registration, exchangeability, and transferability as the resolution authorizing the borrowing of money or any loan agreement, trust agreement, or other contract or agreement to be entered into in connection with the borrowing of money may provide;
(ii) By book entries under which the right to receive payments of principal, redemption premium, if any, and interest shall be established and transferred only through subsequent book entries; or
(iii) In such other manner as may be provided for in the resolution authorizing the borrowing of money or any loan agreement, trust agreement, or other contract or agreement to be entered into in connection with the borrowing of money."
Section 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows:
(1) By striking "criteria for addition" and inserting in lieu thereof "criteria for admission" in subsection (c) and by striking "facility require" and inserting in lieu thereof "facility requires"
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in subsection (d) of Code Section 37-4-60, relating to transfer of mentally retarded patients from public to private facilities.
Section 38. Reserved.
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 the comma following "law" in Code Section 40-2-6, relating to alteration of license plates.
(2) By striking "twenty-one" and inserting in lieu thereof "21" in subsection (a) of Code Section 40-2-20, relating to registration and licensing of motor vehicles.
(3) By striking "lien holder" and inserting in lieu thereof "lienholder" in subsection (b) of Code Section 40-2-25, relating to application for registration of a motor vehicle.
(4) By striking the comma following "issuer" in Code Section 40-2-27, relating to the license fee for registration of a motor vehicle.
(5) By striking "under this chapter, and shall be" and inserting in lieu thereof "under this chapter and shall be" in paragraph (1) of subsection (c) of Code Section 40-2-30, relating to issuance of license plates.
(6) By striking "in this section" and inserting in lieu thereof "in this Code section" in subsection (f) of Code Section 40-231, relating to reports and remittances by tag agents.
(7) By repealing Code Section 40-2-34, relating to registration and licensing of vehicles of state and political subdivisions until January 1, 1983, in its entirety.
(8) By striking "plates herein provided for" and inserting in lieu thereof "plates provided for in this Code section" and by striking "provided in this section" and inserting in lieu thereof "provided in this Code section" in Code Section 40-2-
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36, relating to registration and licensing of dealers and manufacturers of motor vehicles.
(9) By striking the comma following "destroyed" in Code Section 40-2-41, relating to the certificate of registration.
(10) By striking "motor vehicle, and such member shall" and inserting in lieu thereof "motor vehicle and such member shall" and by striking the comma following "prescribe by regulation" in subsection (b) of Code Section 40-2-65, relating to special license plates for members of the Georgia National Guard.
(11) By striking "medal of honor" and inserting in lieu thereof "Medal of Honor" in subsection (a) of Code Section 402-67, relating to special license plates for Medal of Honor winners.
(12) By striking "Veterans Administration" and inserting in lieu thereof "Veterans' Administration" in subsections (a) and (b) of Code Section 40-2-68, relating to special license plates for disabled veterans.
(13) By striking "service-connected or nonservice-connected disability" and inserting in lieu thereof "service connected or nonservice connected disability" and by striking "must apply for such license plate, and upon compliance" and inserting in lieu thereof "must apply for such license plate and, upon compliance" in Code Section 40-2-69, relating to special license plates for disabled veterans.
(14) By striking "disabled persons license plates" and inserting in lieu thereof "disabled persons' license plates" in subsection (d) of Code Section 40-2-72, relating to special license plates for disabled persons.
(15) By striking "as defined herein" and inserting in lieu thereof "as defined in this subsection" in paragraph (2) of subsection (a) and by striking "in paragraph (1) or (2)" and inserting in lieu thereof "in paragraph (1) or (2) of this subsection" in paragraphs (3) and (4) of subsection (b) of Code Section 40-290, relating to operation of vehicles registered in other states.
(16) By striking "shall be punishable" and inserting in lieu thereof "shall be punished" in the undesignated paragraph of
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Code Section 40-2-114, relating to penalties for operating a truck without a permit.
(17) By striking the comma following "state" in Code Section 40-2-132, relating to the duty of arresting officers to enforce the motor vehicle licensing and registration laws.
(18) By striking "by that Act" and inserting in lieu thereof "by that chapter" in subsection (b) of Code Section 40-3-6, relating to hearings by the Department of Revenue.
(19) By striking "state-issued" and inserting in lieu thereof "state issued" in subsection (b) of Code Section 40-3-22, relating to application for first certificate of title.
(20) By striking "has been satisfied, and if there is no other" and inserting in lieu thereof "has been satisfied and, if there is no other" in subsection (c) of Code Section 40-3-26, relating to the disposition of a certificate of title when there is a security interest holder or lienholder.
(21) By striking the comma following "destroyed" in the introductory language of Code Section 40-3-30, relating to lost, stolen, mutilated, or destroyed certificates of title.
(22) By striking "state-issued" and inserting in lieu thereof "state issued" in subsection (c) of Code Section 40-3-32, relating to transfers of vehicles to or from a dealer.
(23) By striking the comma following "thereto" in subsection (d) of Code Section 40-3-33, relating to transfer of a vehicle by operation of law.
(24) By striking "seven calendar day period" and inserting in lieu thereof "seven-calendar-day period" in subsection (c) of Code Section 40-3-38, relating to reports and remittances by tag agents.
(25) By striking "title application, notice, and fee, and the current certificate of title" and inserting in lieu thereof "title application, notice, and fee and the current certificate of title" in subsection (b) of Code Section 40-3-53, relating to perfection and enforcement of liens generally.
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(26) By striking "as hereinafter provided" and inserting in lieu thereof "as provided in this Code section" in subsection (a) and by striking "such hearing must be petitioned for within five days after receipt of the notice, and that if no petition for such hearing is filed" and inserting in lieu thereof "such hearing must be petitioned for within five days after receipt of the notice and that, if no petition for such hearing is filed" in paragraph (2) of subsection (c) of Code Section 40-3-54, relating to establishment and foreclosure of mechanics' liens.
(27) By striking the comma following "certificate" in subsection (b) of Code Section 40-3-56, relating to satisfaction of security interests and liens.
(28) By striking the comma following "thereafter" and inserting in lieu thereof a semicolon in Code Section 40-3-71, relating to perfection of liens and security interests.
(29) By striking the comma following "interest" in paragraph (2) and by striking the comma following "fact" in paragraph (4) of Code Section 40-3-90, relating to penalties for certain violations of the certificate of title laws.
(30) By striking the comma following "state" in subsection (b) of Code Section 40-4-6, relating to penalties for violation of the laws on identification numbers for passenger cars and components.
(31) By striking the semicolons and inserting in lieu thereof periods at the end of paragraphs (1) and (2) of Code Section 40-4-20, relating to definitions relative to the alteration or removal of identification numbers.
(32) By striking the comma following "department" in paragraph (2) of subsection (a) and by striking the comma following "agency" in subsection (d) of Code Section 40-5-2, relating to the records to be kept by the Department of Public Safety.
(33) By striking the comma following "jurisdictions" in subsection (a) of Code Section 40-5-5, relating to reciprocal agreements regarding license and operation of motor vehicles.
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(34) By striking "motor-driven cycle" and inserting in lieu thereof "motor driven cycle" in subsection (b) of Code Section 40-5-24, relating to instruction permits and temporary licenses.
(35) By striking the comma following "him" in Code Section 40-5-33, relating to change of address or name on a driver's license.
(36) By striking "Article 1 of Chapter 13, of this title" and inserting in lieu thereof "Article 1 of Chapter 13 of this title" in subsection (a) of Code Section 40-5-53, relating to the sending of licenses and reports of convictions by the courts to the Department of Public Safety.
(37) By striking "at any time after 60 days of suspension, such person may" and inserting in lieu thereof "at any time after 60 days of suspension such person may" in paragraph (1) of subsection (a) and by striking "at any time after 90 days of suspension, such person may" and inserting in lieu thereof "at any time after 90 days of suspension such person may" in paragraph (2) of subsection (a) of Code Section 40-5-63, relating to periods of suspension of a driver's license.
(38) By striking "in accordance with said Act" and inserting in lieu thereof "in accordance with said chapter" in subsection (h) of Code Section 40-5-64, relating to limited driving permits for certain offenders.
(39) By striking "jurisdiction" and inserting in lieu thereof "jurisdiction" in subparagraph (b)(1)(A) of Code Section 40-570, relating to suspension of driver's licenses.
(40) By designating the two undesignated paragraphs of Code Section 40-5-82, relating to administration of the Driver Improvement Program, as subsections (a) and (b) of said Code section.
(41) By striking the comma following "Code Section 40-557" in subsection (b) of Code Section 40-5-84, relating to reinstatemnt of suspended driver's licenses.
(42) By striking "subsection (b) of this Code section, may," and inserting in lieu thereof "subsection (b) of this Code section may," in subsection (c) and by striking "determined by
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the Governor, but shall not be" and inserting in lieu thereof "determined by the Governor but shall not be" in subsection (d) of Code Section 40-6-9, relating to challenges to speed limits and other traffic laws established by local governing authorities.
(43) By striking "subparagraphs (B), (C), subparagraphs (D)" and inserting in lieu thereof "subparagraphs (B), (C), and (D)" in subparagraph (a)(3)(A) of Code Section 40-6-21, relating to the meaning of traffic signals.
(44) By striking the comma following "shown" in Code Section 40-6-24, relating to lane direction control signals.
(45) By striking "shall pass each other on the right, and upon roadways" and inserting in lieu thereof "shall pass each other on the right, and, upon roadways" in Code Section 40-641, relating to passing vehicles proceeding in opposite directions.
(46) By striking "in the manner provided herein" and inserting in lieu thereof "in the manner provided in this Code section" in subsection (c) of Code Section 40-6-123, relating to signals required on turning or stopping.
(47) By striking the comma following "vehicle" in subsection (b) of Code Section 40-6-124, relating to signals by hand and arm or signal lamps.
(48) By striking the comma following "driven" in Code Section 40-6-187, relating to charging violations of speed violations.
(49) By striking the comma following "causeway" in subsection (b) of Code Section 40-6-206, relating to removal of vehicles by police officers.
(50) By striking "disabled veterans license plate" and inserting in lieu thereof "disabled veteran's license plate" and by striking "disabled persons license plate" and inserting in lieu thereof "disabled person's license plate" in subsection (d) of Code Section 40-6-222, relating to handicapped parking permits.
(51) By striking "reasonably possible, and except" and inserting in lieu thereof "reasonably possible and, except" in Code Section 40-6-245, relating to driving on mountain highways.
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(52) By striking the comma following "persons" in subsection (a) of Code Section 40-6-311, relating to the manner of riding a motorcycle.
(53) By striking the comma following "effect" in Code Section 40-6-316, relating to rules and regulations of the Department of Public Safety.
(54) By striking "nor more $1,000.00" and inserting in lieu thereof "nor more than $1,000.00" in subparagraph (c)(1)(A) of Code Section 40-6-391, relating to driving under the influence.
(55) By striking "legislature" and inserting in lieu thereof "General Assembly" in Code Section 40-7-2, relating to the declaration of policy relative to the off-road vehicle laws.
(56) By inserting a comma between "district attorney in this state" and "or any solicitor" in paragraph (1) of subsection (h) of Code Section 40-8-5, relating to alteration of the odometer of a motor vehicle.
(57) By inserting a comma before "which material" in paragraph (2) of subsection (a) and in paragraphs (1) and (2) of subsection (b) of Code Section 40-8-73.1, relating to the affixing of materials which reduce light transmission to windows of motor vehicles.
(58) By striking "this act" and inserting in lieu thereof "this Code section" in subparagraph (b)(2)(C) of Code Section 40-876, relating to safety restraints for children.
(59) By inserting a comma following "law enforcement activity" in subsection (b) of Code Section 40-8-90, relating to restrictions on the use of flashing blue lights on vehicles.
(60) By striking "legislature" and inserting in lieu thereof "General Assembly" in the introductory language and by striking "health-related air standards" and inserting in lieu thereof "health related air standards" in paragraph (2) of Code Section 40-8-151, relating to legislative findings relative to the establishment of emissions standards.
(61) By redesignating the Code section enacted by an Act approved March 30,1977 (Ga. L. 1977, p. 1014), which was incor-
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rectly codified as Code Section 4-9-10, as Code Section 40-9-10, and by striking the comma following "laws" in said Code section.
(62) By striking "any person or persons; and when" and inserting in lieu thereof "any person or persons; and, when" in subsection (e) and by striking "parties to the bond; and when" and inserting in lieu thereof "parties to the bond; and, when" and by striking "the same proceeding; and after" and inserting in lieu thereof "the same proceeding; and, after" in subsection (h) of Code Section 40-9-38, relating to surety bonds and property bonds as security for damages resulting from motor vehicle accidents.
(63) By striking "by mail, or receives" and inserting in lieu thereof' "by mail or receives" and by striking "shall further specify that if no" and inserting in lieu thereof "shall further specify that, if no" in subsection (c) of Code Section 40-9-39, relating to the return of any security deposited with the Department of Public Safety.
(64) By striking "subsection (b) and (c)" and inserting in lieu thereof "subsections (b) and (c)" in subsection (a) of Code Section 40-9-61, relating to suspension of driver's license for nonpayment of a judgment in an action resulting from a motor vehicle accident.
(65) By striking the quotation marks around "National Highway Safety Act of 1966" the second time the Act is cited in paragraph (2) of Code Section 40-10-3, relating to definitions relative to state and local highway safety programs.
(66) By striking "other local, public, and private" and inserting in lieu thereof "other local public and private" in Code Section 40-10-9, relating to powers of local governing authorities with regard to highway safety programs.
(67) By striking "an uniform" and inserting in lieu thereof "a uniform" in Code Section 40-13-1, relating to the uniform traffic citation and complaint form.
(68) By striking "notify the court, and if reasonable" and inserting in lieu thereof "notify the court and, if reasonable" in Code Section 40-13-23, relating to waiver of a jury trial in traffic violations cases.
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(69) By striking "fees must be assessed, and if the" and inserting in lieu thereof "fees must be assessed, and, if the" in Code Section 40-13-26, relating to the disposition of fines and fees in traffic cases.
(70) By inserting a comma following "city attorney" and by striking "as provided for herein" and inserting in lieu thereof "as provided for in this Code section" in subsection (d) and by striking "is required herein" and inserting in lieu thereof "is required in this Code section" in subsection (e) of Code Section 40-13-32, relating to restrictions on ability of courts to modify traffic law sentences or judgments.
(71) By striking "as herein defined" and inserting in lieu thereof "as defined in this article" in Code Section 40-13-61, relating to record-keeping requirements relative to traffic violations.
(72) By striking the comma following "issued" in Code Section 40-14-10, relating to the unlawful use of radar speed detection devices.
Section 41. Reserved.
Section 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows:
(1) By inserting a comma following "information; and" in subsection (b) of Code Section 42-1-2, relating to rewards for information leading to the capture of escaped inmates.
(2) By inserting "a" before "treasurer" in subsection (b) of Code Section 42-3-3, relating to composition of the Georgia Building Authority (Penal).
(3) By striking "herein" and inserting in lieu thereof "in this chapter" in Code Section 42-3-31, relating to the supplemental nature of certain powers.
(4) By striking the semicolons and inserting in lieu thereof periods immediately following paragraphs (1) and (2) of Code Section 42-4-30, relating to definitions concerning jails.
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(5) By striking the semicolons and inserting in lieu thereof periods immediately following paragraphs (1) and (2) of Code Section 42-5-1, relating to definitions concerning correctional institutions.
(6) By striking "all points" and inserting in lieu thereof "all-points" in Code Section 42-5-8, relating to required notifications upon the escape of an inmate.
(7) By striking "Department of Offender Rehabilitation" and inserting in lieu thereof "department" in subsection (c) of Code Section 42-5-36, relating to confidentiality of inmate information.
(8) By striking "to properly prepare and prosecute" and inserting in lieu thereof "to prepare and prosecute properly" in subsection (c) of Code Section 42-5-50, relating to the duty of the court clerk to transmit information on convicted persons to the commissioner.
(9) By striking "Neither male or female" and inserting in lieu thereof "Neither male nor female" and by deleting "of the Department of Offender Rehabilitation" in subsection (d) of Code Section 42-5-51, relating to the jurisdiction of the department over certain inmates.
(10) By striking "public roads, public works" and inserting in lieu thereof "public roads or public works" in subsection (e) of Code Section 42-5-60, relating to rules and regulations governing the hiring out of inmates.
(11) By striking the semicolons and inserting in lieu thereof periods immediately following paragraphs (1) and (2) of Code Section 42-6-1, relating to definitions concerning detainers.
(12) By striking "release;" and inserting in lieu thereof "release," in subsection (a) of Code Section 42-7-12, relating to the unconditional release of youthful offenders.
(13) By striking the semicolons and inserting in lieu thereof periods immediately following paragraphs (1) and (2) of Code Section 42-8-21, relating to definitions concerning probation.
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(14) By adding at the end of Article 5 of Chapter 8 of said title a new Code section to be designated Code Section 42-884, to read as follows:
"42-8-84. No person shall be released on his own recognizance or approved for a pretrial release and diversion program without first having the approval in writing of the judge of the court having jurisdiction of the case."
(15) By inserting a comma following "and that" in Code Section 42-9-1, relating to legislative policy concerning the State Board of Pardons and Paroles.
(16) By striking "herein authorized" and inserting in lieu thereof "authorized in this Code section" in subsection (c) of Code Section 42-9-12, relating to the appointment of replacements.
(17) By striking "herein" and inserting in lieu thereof "in this subsection" in subsection (c) of Code Section 42-9-60, relating to relief of overcrowding in the prison system.
Section 43. Reserved.
Section 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows:
(1) By striking "hereunder" and inserting in lieu thereof "under this article" in subsection (a) of Code Section 44-3-139, relating to powers and duties of the Secretary of State regarding cemeteries.
(2) By striking "hereunder" and inserting in lieu thereof "under this article" in paragraph (1) of subsection (a) and by striking "herein" and inserting in lieu thereof "in this Code section" in subsection (d) of Code Section 44-3-140, relating to certain investigations by the Secretary of State.
(3) By deleting the comma following "article" in subsection (a) of Code Section 44-3-141, relating to rules and regulations regarding cemeteries.
(4) By striking "hereunder" and inserting in lieu thereof "under this article" in paragraphs (1) and (2) of Code Section
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44-3-149, relating to certain waivers in cemetery purchase agreements.
(5) By striking "the effective date of this article," and inserting in lieu thereof "July 1, 1983," in Code Section 44-3-171, relating to the sale of time-share intervals in time-share programs.
(6) By adding a semicolon at the end of subparagraphs (a)(l)(P), (a)(l)(Q), and (a)(l)(T) of Code Section 44-3-172, relating to contents of certain public offering statements.
(7) By adding "of subsection (a)" between "paragraph (2)" and "of" in subsection (a) and by adding "of subsection (a)" between "paragraph (3)" and "of" in subsection (b) of Code Section 44-3-173, relating to certain annual reports of exchange companies and developers.
(8) By striking "the effective date of this article" and inserting in lieu thereof "March 29, 1984" in subsection (c) of Code Section 44-5-191, relating to escheat procedure.
(9) By striking "Subpart 2, relating to statutory partition" and inserting in lieu thereof "subpart" in paragraph (3) of subsection (a) of Code Section 44-6-166.1, relating to partition when physical division of property is inequitable.
(10) By inserting a comma between "wills" and "taking" in subsection (a) of Code Section 44-6-190, relating to creation of joint tenancy with survivorship.
(11) By inserting a comma between "that" and "after" in Code Section 44-7-56, relating to appeals of dispossessory proceedings.
(12) By striking "State Historic Preservation Officer" and inserting in lieu thereof "state historic preservation officer" in paragraph (3) of Code Section 44-10-2, relating to definitions used in the laws relating to facade and conservation easements.
(13) By deleting "Georgia" three times in subsection (c) of Code Section 44-12-199, relating to presumption of abandonment of certain property.
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(14) By deleting ", relating to cruelty to animals," in Code Section 44-14-494, relating to certain criminal liability.
(15) By striking "the effective date of this chapter" and inserting in lieu thereof "March 28, 1984" in Code Section 4415-4, relating to certain restrictions regarding principal or income.
Section 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows:
(1) By inserting "and" immediately following the semicolon at the end of subparagraph (a)(8)(B) and by striking "45-10-25" and inserting in lieu thereof "45-10-24" in subsection (b) of Code Section 45-10-25, relating to exceptions to prohibitions on transactions with state agencies.
(2) By striking "provided hereinafter" and inserting in lieu thereof "otherwise provided in this subsection" in subsection (b) of Code Section 45-12-78, relating to submission of certain budget estimates.
(3) By striking "chapter" and inserting in lieu thereof "article" subsection (b) of Code Section 45-17-20, relating to violations of notary public laws.
(4) By striking "hereafter provided" and inserting in lieu thereof "otherwise provided in this subsection" in subsection (a) of Code Section 45-19-23, relating to creation of the Fair Employment Practices Board.
(5) By striking "sue" and inserting in lieu thereof "bring an action" in subsection (c) of Code Section 45-19-36, relating to filing complaints of certain unlawful practices.
(6) By striking "law" and inserting in lieu thereof "article" in subsection (b) of Code Section 45-20-8, relating to procedure for adverse action against certain permanent status employees.
(7) By adding "of this Code section" following "(e)" in subsection (b) of Code Section 45-20-15, relating to confidentiality of certain merit system information.
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(8) By striking "retirement of' and inserting in lieu thereof "retirement or" in Code Section 45-20-31, relating to leave of absence for kidney donations.
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 subsection (b) of Code Section 46-1-2, relating to the measure of damages against railroad companies, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If any railroad company doing business in this state shall, in violation of any rule or regulation of the Public Service Commission, inflict any wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county where the wrong or injury occurred and the damages which may be recovered in such actions shall be the same as in actions between individuals, provided that, in cases of willful violation of law, such railroad companies shall be liable for exemplary damages. All such actions under this title must be brought within 12 months after the commission of the alleged wrong or injury."
(2) By striking "exchangibility" and inserting in lieu thereof "exchangeability" in subsection (c) of Code Section 463-131, relating to revenue bonds of the Municipal Electric Authority of Georgia.
(3) By striking "subparagraph (D) and (E)" and inserting in lieu thereof "subparagraphs (D) and (E)" in paragraph (5) of Code Section 46-3-424, relating to revocation of voluntary dissolution proceedings.
(4) By striking "ratemaking" and inserting in lieu thereof "rate-making" in paragraph (1) of Code Section 46-4A-3, relating to definitions relative to energy conservation assistance for residential customers.
(5) By striking the comma following "state" in Code Section 46-5-74, relating to filing of articles of incorporation of a rural telephone cooperative with the Secretary of State.
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(6) By striking "or the judge thereof in vacation," in paragraph (3) of Code Section 46-5-88, relating to mergers of rural telephone cooperatives.
(7) By striking "or the judge thereof in vacation" in paragraph (2) of subsection (b) of Code Section 46-5-90, relating to conversion of a telephone corporation into a cooperative.
(8) By striking "fire fighting" and inserting in lieu thereof "fire-fighting" in paragraph (4) of Code Section 46-5-122, relating to definitions relative to the emergency telephone number "911" system.
(9) By striking "and/or" and inserting in lieu thereof "or" in subsection (c) of Code Section 46-7-68.1, relating to the applicability of the motor contract carriers to private carriers.
(10) By inserting a comma following "provided that" in Code Section 46-9-6, relating to the statute of limitations on actions against common carriers.
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 "throught" and inserting in lieu thereof "through" in paragraph (4) of subsection (d) and by striking "the effective date of this Code section" and inserting in its place "March 14, 1984" in subsection (f) of Code Section 48-218, relating to the State Board of Equalization.
(2) By striking "the effective date of this subsection" and inserting in lieu thereof "July 1, 1984," in subsection (n) and by striking "the effective date of this subsection" and inserting in lieu thereof "July 1, 1984" in subsection (o) of Code Section 48-5-7.1, relating to preferential tax assessment of real property devoted to agricultural purposes.
(3) By redesignating subsection (d) of Code Section 48-548, relating to the application for constitutional homestead exemption by a qualified disabled veteran, as enacted by an Act approved March 29, 1984 (Ga. L. 1984, p. 1058), as subsection (e), to read as follows:
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"(e) 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 surviving spouses and minor children by the sixth unnumbered subparagraph 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 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 locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss, or loss of use, of one lower extremity, or due to the loss, or loss of use, of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. The unremarried widow or minor children of any such disabled veteran, 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 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 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
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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."
(4) By striking "the effective date of this Code section" and inserting in lieu thereof "July 1, 1984," in Code Section 48-554, relating to applications of homestead exemptions to properties of multiple titleholders.
(5) By striking "Article VII, Section VII, Paragraph IV" and inserting in lieu thereof "Article VII, Section II, Paragraph IV" in Code Section 48-5-478, relating to constitutional exemptions from certain ad valorem taxation for disabled veterans.
(6) By striking "Code Sections 46-8-84 through 46-8-86" and inserting in lieu thereof "Code Sections 48-8-84 through 48-886" in subsection (d) of Code Section 48-8-89.1, relating to the procedure for certifying additional qualified municipalities for proceeds of local option sales taxes.
(7) By striking "the term vehicle" and inserting in lieu thereof "the term 'vehicle' " in subsection (a) of Code Section 48-10-3.1, relating to temporary registration permits.
(8) By striking "Colpquitt" and inserting in lieu thereof "Colquitt" in subsection (a) of Code Section 48-14-3, relating to the distribution of funds to counties for public road construction.
Section 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows:
(1) By striking "upon the effective date of this article" and inserting in lieu thereof "on July 1, 1982" in paragraph (6) of Code Section 49-6-61, relating to definitions relative to services for the aging.
(2) By striking "46-6-63" and inserting in lieu thereof "496-63" in subsection (h) of Code Section 49-6-62, relating to community care units for the elderly.
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Section 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows:
(1) By striking "commissioner of the Department of Community Affairs" and inserting in lieu thereof "commissioner of community affairs" in paragraph (4) of subsection (c) of Code Section 50-8-2, relating to powers and duties of the Department of Community Affairs.
(2) By striking "compensation" and inserting in lieu thereof "composition" in subsection (b) of Code Section 50-10-3, relating to the creation of the Georgia Development Authority.
(3) By striking "approriate" and inserting in lieu thereof "appropriate" in subsection (a) of Code Section 50-11-10, relating to the distribution and sale of laws and journals.
(4) By striking "state-owned" and inserting in lieu thereof "state owned" wherever such words are found in Code Section 50-16-43, relating to contracts to explore state lands for mineral resources.
Section 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows:
(1) By striking "a nonprofit corporation" and inserting in lieu thereof "nonprofit corporations" in subsection (a) of Code Section 51-1-30, relating to certain liability regarding fighting fires.
(2) By striking "first aid" and inserting in lieu thereof "firstaid" and by striking "chief's" and inserting in lieu thereof "chiefs' " in subsection (a) of Code Section 51-1-30.1, relating to exemption from tort liability of drivers and operators of fire apparatus.
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 "water of this state" and inserting in lieu thereof "waters of this state" in paragraph (2) of subsection (d) and by striking "arrestor" and inserting in lieu thereof "arrester" in subsection (g) of Code Section 527-8, relating to classification of vessels and required equipment for watercraft.
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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 inserting a comma preceding "except upon" in subsection (a) of Code Section 53-3-12, relating to when probate of a will in common form becomes conclusive.
(2) By striking "administrative" and inserting in lieu thereof "administrator" in Code Section 53-7-140, relating to petitions for discharge by administrators or executors.
Section 54. Except for Title 47, 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 numbering of Code sections as contained in the 1984 supplement to the Official Code of Georgia Annotated published under authority of the state in 1984 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, 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
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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 12, 1985.
CODE REVISION COMMISSION -- CODIFICATION AND CONTINUATION.
Code Title 28, Chapter 9 Enacted.
No. 14 (House Bill No. 161).
AN ACT
To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the codification and recodification of the laws of Georgia; to provide for definitions; to create and reestablish the Code Revision Commission and provide for its membership; to provide for terms of office, vacancies, appointments, compensation, expenses, and allowances of members of the commission; to provide for funds; to ratify previous actions and contracts; to provide for the powers and duties of the commission; to provide that the Office of Legis-
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lative Counsel shall serve as staff for the commission; 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 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding at the end of such title a new Chapter 9 to read as follows:
"CHAPTER 9
28-9-1. As used in this chapter, the term:
(1) 'Code' means the Official Code of Georgia Annotated, any unannotated version thereof, or any codification of the laws of the State of Georgia which is a successor to or replacement of such Code, and such term shall include all statutory provisions, annotations, research references, notes, indexes, tables, constitutions, cross-references, pocket parts, and other material related to or included in such Code.
(2) 'Commission' means the Code Revision Commission originally created pursuant to H.R. No. 217-838 adopted by the General Assembly at the 1977 regular session, as amended, and as re-created by Code Section 28-9-2.
28-9-2. (a) There is created the Code Revision Commission, to be composed of 15 members as follows:
(1) The Speaker of the House of Representatives;
(2) Four members of the House of Representatives to be appointed by the Speaker of the House of Representatives for terms of office coinciding with their terms as members of the House of Representatives;
(3) The President of the Senate;
(4) Four members of the Senate to be appointed by the President of the Senate for terms of office coinciding with their terms as members of the Senate; and
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(5) Five members of the State Bar of Georgia to be appointed by the president of the State Bar of Georgia for terms of office of one year each and until their successors are appointed, with such terms beginning on the second Monday of January of each year, provided that one such member shall be a judge or senior judge of the superior courts and one such member shall be a district attorney. Notwithstanding any other provision of law, the president of the State Bar of Georgia is authorized to appoint an official or employee of any branch of the state government, a county, municipality, board of education, or other political subdivision if such person is a member of the State Bar of Georgia; and any person so appointed is authorized to serve as a member of the Code Revision Commission.
(b) Any vacancy occurring in the membership of the commission, whether by the death, resignation, or failure of a member to hold office or membership in the State Bar of Georgia, shall be filled by appointment in the same manner as the appointment of the member whose seat is vacant. A person appointed to fill a vacancy shall be appointed for the remainder of the unexpired term.
(c) While engaged in the duties of the commission, all members shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees. The judge or senior judge of the superior courts, the district attorney, and any member of the State Bar of Georgia who is also an official or employee of the executive or judicial branch of state government shall receive such expenses and allowances from state funds from which they are otherwise compensated. Any other funds necessary to carry out the provisions of this chapter and any contract executed pursuant to this chapter or any prior resolution of the General Assembly shall come from the funds provided for the legislative branch of state government.
(d) The members of the Code Revision Commission created pursuant to H.R. No. 217-838 adopted by the General Assembly at the 1977 regular session and as amended by H.R. No. 447-1274 adopted by the General Assembly at the 1978 regular session who are serving as members of the commission on April 1,1985, shall continue in office as mem-
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bers until the second Monday in January, 1987, in the case of legislative members or until the second Monday in January, 1986, in the case of members appointed by the president of the State Bar of Georgia, at which time their terms shall expire and their successors shall be appointed as provided in subsection (a) of this Code section. All actions taken by such commission and all contracts entered into by such commission are ratified and confirmed. The commission created by this Code section shall be deemed to be a continuation of the commission created pursuant to such resolutions.
28-9-3. The commission is authorized:
(1) To select and contract with a publisher to conduct a revision, codification, or recodification of the Code and laws of Georgia, provided that any such contract requiring the expenditure of state funds shall be contingent upon the General Assembly appropriating the necessary funds therefor;
(2) To formulate with the publisher all the details associated with the codification or recodification of the Code and laws of Georgia;
(3) To take such action as is necessary to effectuate Code revision;
(4) To carry out the functions required of it in any contract entered into between the commission and the publisher;
(5) To negotiate and establish the price at which the Code or any volume, replacement volume, pocket part, index, or related material may be sold to governmental or private purchasers, or both;
(6) To determine when volumes of the Code may be revised and republished;
(7) To adopt and implement a system for arranging, numbering, and designating material within the Code;
(8) To adopt rules of style and grammar for use in the Code;
(9) To prepare, or provide for the preparation of, and to include in the Code such annotations, historical notes, research references, notes on law review articles, cross-references, summaries of the opinions of the Attor-
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ney General of Georgia, editor's notes, Code Revision Commission notes, comments, commentaries, rules and regulations, indexes, tables, and other material as the commission determines to be useful to users of the Code;
(10) To provide for the publication of annotated or unannotated versions of the Code, or both;
(11) To provide for the publication of volumes containing the Constitution of the United States, the Constitution of the State of Georgia, and an index of local and special laws, general laws of local application, and home rule ordinances;
(12) To review, approve, or disapprove the work of the publisher in preparing, supplementing, indexing, or revising the Code or any volume, pocket part, or portion thereof;
(13) To grant exclusive or nonexclusive publication and sales rights to the Code or portions thereof to the publisher;
(14) To grant rights to governmental agencies and others to reprint and distribute portions or excerpts of the Code;
(15) To register the copyright claim in all materials in the Code and any supplements thereto, to protect, enforce, and preserve all claims in such materials, to bring and defend actions in any court in connection therewith, and to negotiate and grant licenses or rights, on behalf of the state, to use such material upon such terms and conditions as the commission shall determine to be in the best interest of the state;
(16) To seek the advice and assistance of members and committees of the State Bar of Georgia, the law schools of the state, the Attorney General or members of his staff, state and local public officials and employees, and others with expertise or interest in the laws of Georgia;
(17) To provide for the preparation and introduction of one or more bills to revise, modernize, and correct errors or omissions in the Code or the laws of Georgia or to repeal portions of the Code or laws which have
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become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent state or federal laws;
(18) To provide for procedures for the implementation or execution of its powers and duties; and
(19) To take such other action or exercise such additional powers as may be necessary or convenient to carry out the purposes of this chapter, the duties and powers of the commission, or any contract entered into under this chapter.
28-9-4. The Office of Legislative Counsel shall serve as staff for the commission."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved February 12, 1985.
CODE REVISION COMMISSION -- CORRECTION OF ACTS IN PUBLICATION OF OFFICIAL CODE OF GEORGIA ANNOTATED.
Code Section 28-9-5 Enacted.
No. 15 (House Bill No. 162).
AN ACT
To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to authorize the Code Revision Commission to provide for the publication of the Offi-
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cial Code of Georgia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof; to authorize the commission to make certain changes or corrections in compiling, editing, arranging, and preparing the Acts and resolutions of the General Assembly for such publication; to provide for reenactment and correction of published material; to provide for powers and duties of the Code Revision Commission; to provide that certain changes and corrections shall not be adopted as the law of the State of Georgia; to provide for designation of the Code section enacted by this Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new Code section, to be designated as provided in Section 2 of this Act, to read as follows:
"(a) The Code Revision Commission shall provide for the publication of the Official Code of Georgia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof. In compiling, editing, arranging, and preparing the Acts and resolutions of the General Assembly for such publication and without altering the sense, meaning, or effect of such Acts and resolutions, the commission is authorized to:
(1) Correct the spelling of words;
(2) Change capitalization for the purpose of uniformity;
(3) Correct manifest typographical and grammatical errors;
(4) Substitute the proper Code section number, chapter number, or other number or designation for the terms 'this Act,' 'the preceding Code section/ and similar words or phrases;
(5) Renumber, redesignate, and rearrange chapters, articles, parts, subparts, Code sections, or any combination or portion thereof;
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(6) Change cross-reference numbers to agree with renumbered chapters, Code sections, or portions of the Code;
(7) Substitute the proper calendar date for 'the effective date of this chapter' and other phrases of similar impart;
(8) Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;
(9) Correct manifest errors in references to laws;
(10) Correct inaccurate references to the titles of officers, the names of departments or other agencies of the state, local governments, or the federal government, and the short titles of other laws and make such other name changes as are necessary to be consistent with the laws currently in effect;
(11) Rearrange definitions in alphabetical order;
(12) Insert or delete hyphens in words so as to follow correct grammatical usage;
(13) Change numerals or symbols to words or vice versa for purposes of uniformity and style;
(14) Change nouns from the singular to the plural or vice versa for purposes of style and grammar; and
(15) Change punctuation for purposes of uniformity and consistency of style.
(b) The Code Revision Commission shall prepare and have introduced at each regular session of the General Assembly one or more bills to reenact and make corrections in the Official Code of Georgia Annotated, portions thereof, and the laws as contained in the Code and any pocket part, supplements, and revised volumes thereof.
(c) Any change or correction made by the Code Revision Commission pursuant to its authority under subsection (a)
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of this Code section shall not become the law of the State of Georgia if such change or correction results in an alteration of the meaning, sense, or effect of the Acts and resolutions of the General Assembly, even though such change or correction may have been included in a pocket part, supplement, or revised volume of the Official Code of Georgia Annotated which has been reenacted by a bill authorized by subsection (b) of this Code section."
Section 2. If an Act re-creating and codifying the provisions relating to the Code Revision Commission created pursuant to H.R. No. 217-838 adopted by the General Assembly at the 1977 regular session, as amended, is enacted at the 1985 session of the General Assembly, the Code section enacted by Section 1 of this Act shall be designated as Code Section 28-95. If such Act is not enacted at the 1985 session, the Code section enacted by Section 1 of this Act shall be designated as Code Section 28-1-16.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved February 12, 1985.
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ELECTIONS -- CODE REVISION. Code Title 21 Amended.
No. 16 (House Bill No. 163). 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 deleting the undesignated language immediately following subparagraph (aX2)(B) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, which reads as follows:
"If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit shall be presented to the county political party; otherwise, the candidate shall file his pauper's affidavit with the state political party."
(2) By striking "sheets, but" and inserting in lieu thereof "sheets but," in subsection (a); by striking the following:
"Date
, 19.
(Sign here)
))
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and inserting in lieu thereof the following:
"Date
, 19
(Sign here)
",
in the form contained in paragraph (1) of subsection (b); and by striking the last paragraph in the form contained in subparagraph (b)(2)(B) of Code Section 21-2-217, relating to form of registration cards, and inserting in lieu thereof the following:
"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
"
(3) By striking "procedure" and inserting in lieu thereof "procedures"; by striking the comma preceding "provided" and inserting in lieu thereof a semicolon; by striking "supercede" and inserting in lieu thereof "supersede"; and by striking "herein" and inserting in lieu thereof "in this subsection" in subsection (g) of Code Section 21-2-218, relating to the registration of electors.
(4) By deleting the semicolon following "precincts" in Code Section 21-2-238, relating to persons entitled to vote in precincts.
(5) By striking "in the county of" and inserting in lieu thereof "in the County of" and by striking "state of Georgia" and inserting in lieu thereof "State of Georgia" in the form contained in subsection (a) of Code Section 21-2-240, relating to procedure upon the change of residence of an elector.
(6) By adding a comma between "custodians" and "whose" in subsection (b) of Code Section 21-2-359, relating to preparation of vote recorders.
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(7) By adding a comma between "and" and "as" in subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots.
(7.1) By striking "municipality" and inserting in lieu thereof "municipal" in Code Section 21-2-404, relating to affording employees time off to vote.
(8) By striking "superior courts" and "juvenile courts" and inserting in lieu thereof "superior court" and "juvenile court", respectively, in the catchline of subsection (c) and by striking "their" and inserting in lieu thereof "each such person" in subsection (c) of Code Section 21-2-502, relating to certificates of election.
(9) By striking "certificates" and inserting in lieu thereof "certificate" and by striking "lists" and inserting in lieu thereof "list" in paragraph (8) of Code Section 21-2566, relating to interference with primaries and elections.
(10) By striking "certificates" and inserting in lieu thereof "certificate" in paragraph (8) of Code Section 21-2587, relating to frauds by poll officers.
(11) By striking "(Date)" and inserting in lieu thereof "(Day)" in the form contained in subsection (b) of Code Section 21-3-133, relating to purging of the list of electors by certain municipalities.
(12) By striking "Code Section 21-3-17 for violation of this chapter" and inserting in lieu thereof "Code Sections 21-3-448, 21-3-453, 21-3-459, and 21-3-478 for violations of this article" in subsection (c) and by striking "Oaths" and inserting in lieu thereof "Oath" in the form contained in subsection (d) of Code Section 21-3-284, relating to the form of absentee ballots.
(13) By striking "voters certificates" and inserting in lieu thereof "voter's certificate" in paragraph (8) of Code Section 21-3-466, relating to fraudulent practices by poll officers.
(14) By inserting a comma between "that" and "if" in subsection (c) of Code Section 21-5-5, relating to filing campaign financial disclosure reports.
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(15) By inserting a comma between "state" and "which" and between "state" and "shall" in subsection (b) of Code Section 21-5-5.1, relating to reporting financial interests by certain 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 February 12, 1985.
RETIREMENT AND PENSIONS -- CODE REVISION.
Code Title 47 Amended.
No, 17 (House Bill No. 164).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling; to provide for other matters relating to 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows:
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(1) By striking "The word 'employee' may" and inserting in lieu thereof " 'Employee' may" in paragraph (16.1) of Code Section 47-2-1, relating to definitions of terms used in the laws relating to the Employees' Retirement System of Georgia.
(2) By striking "pursuant to said Code section" and inserting in lieu thereof "pursuant to said subsection" in subsection (i) of Code Section 47-2-2, relating to grounds for the discharge of an employee and procedures connected therewith for employees who are members of the Employees' Retirement System of Georgia.
(3) By adding "of Georgia" following "System" in subsection (i) of Code Section 47-2-54, relating to payment of employee contributions on behalf of employees under the Employees' Retirement System of Georgia.
(4) By striking "but not later" and inserting in lieu thereof "by not later" in subparagraph (h)(2)(D) of Code Section 47-2123, relating to the allowance payable upon death, disability, or involuntary separation from employment of a member of the Employees' Retirement System of Georgia.
(5) By striking "of said Code section relative" and inserting in lieu thereof "of such subsection relative" in the last sentence of subsection (f) of Code Section 47-2-296, relating to county probation system employees and their membership in the Employees' Retirement System of Georgia.
(6) By adding "of Georgia" following "System" in subsections (d) and (e) of Code Section 47-2-334, relating to service retirement allowance under the Employees' Retirement System of Georgia.
(7) By striking "The Director" and inserting in lieu thereof "The director" in paragraph (3) of subsection (a) of Code Section 47-3-21, relating to creation of the Board of Trustees of the Teachers Retirement System of Georgia.
(8) By striking "four year" and inserting "four-year" in paragraph (1) of subsection (f), by lower-casing "Board of Regents" in subparagraphs (f)(2)(A) and (f)(2)(C), and by striking the semicolon and inserting in lieu thereof a period in subpara-
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graph (f)(2)(E) of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia.
(9) By reinserting the right parenthesis after the "D" and before the "x E" in the formula in subsection (f) of Code Section 47-3-66, relating to membership in the Teachers Retirement System of Georgia of teachers who are employed by independent school systems.
(10) By adding "of Georgia" following "Teachers Retirement System" wherever it appears throughout Code Section 47-3-87.1, relating to credit under the Teachers Retirement System of Georgia for service rendered in independent school system prior to, but not later than, June 30, 1979.
(11) By striking "whose retirements benefits" and inserting in lieu thereof "whose retirement benefits" in the third sentence of subsection (b) of Code Section 47-3-120, relating to allowances under the Teachers Retirement System of Georgia on service retirement and minimum retirement allowances.
(12) By striking "Code section 47-5-40" and inserting in lieu thereof "Code Section 47-5-40" in subsection (a) of Code Section 47-5-42, relating to the authorization of employers under the Joint Municipal Employees Retirement System to include provisions necessary for the development of a suitable plan.
(13) By striking "of this chapter" in paragraph (8.1) of Code Section 47-6-1, relating to definitions of terms used in the laws relating to the Georgia Legislative Retirement System.
(14) By striking "drills, meetings and fires" and inserting in lieu thereof "drills, meetings, and fires" in the last sentence of paragraph (6) of Code Section 47-7-1, relating to definitions of terms used in the laws relating to the Georgia Firemen's Pension Fund.
(15) By striking "United State Treasury Department" and inserting in lieu thereof "United States Treasury Department" in the last sentence of paragraph (2) of subsection (a) of Code Section 47-7-40, relating to eligibility to make application for membership in the Georgia Firemen's Pension Fund.
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(16) By lower-casing "State" in paragraph (2) of subsection (d) of Code Section 47-7-102, relating to eligibility for disability benefits under the Georgia Firemen's Pension Fund.
(17) By striking "pro tem." and inserting in lieu thereof "pro tempore" in paragraph (2) of subsection (a) and by striking "Trial Judge" and inserting in lieu thereof "Trial Judges" in subsection (c) of Code Section 47-10-40, relating to membership in the Trial Judges and Solicitors Retirement Fund.
(18) By striking "older, or" and inserting in lieu thereof "older; or" in subparagraph (a)(2)(A) of Code Section 47-11-71.1, relating to spouse's benefits under the Judges of the Probate Courts Retirement Fund of Georgia.
(19) By adding "upon the death of" following "paragraph (1) of this Code section," in paragraph (2) of Code Section 4716-102, relating to death benefits under the Sheriffs' Retirement Fund of Georgia.
(20) By adding a comma after "disability" and by changing the comma following "value of assets" to a semicolon in paragraph (3) and by adding a comma after "spread gain" in paragraph (4) of Code Section 47-20-3, relating to definitions of terms used in the Public Retirement Systems Standards Law.
(21) By striking "pay as you go" and inserting in lieu thereof "pay-as-you-go" in subparagraph (a)(3)(B) of Code Section 4720-10, relating to minimum annual employer contributions under the Public Retirement Systems Standards 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 February 12, 1985.
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BOARD OF BOILER AND PRESSURE VESSEL RULES -- APPOINTMENT; ADOPTION OF RULES; INSPECTORS;
EXEMPTIONS.
Code Title 34, Chapter 11 Amended.
No. 23 (Senate Bill No. 14).
AN ACT
To amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, relating to boiler and pressure vessel safety, so as to remove the rule-making power of the board and place such rule-making power in the Department of Labor; to provide for the appointment of members of the board by the Commissioner of Labor; to exempt certain boilers and pressure vessels owned by public utilities; to provide that the Commissioner of Labor may appoint a chief inspector and deputy inspectors; to change the date for beginning inspections of boilers and pressure vessels; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 34 of the Official Code of Georgia Annotated, relating to boiler and pressure vessel safety, is amended by striking subsection (a) of Code Section 34-11-3, relating to the Board of Boiler and Pressure Vessels Rules, and inserting in lieu thereof a new subsection (a) to read as follows:
"(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 Commissioner of Labor, 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
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terms of four years each. The Commissioner of Labor 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 Commissioner of Labor shall fill the vacancy for the remainder of the unexpired term with a representative 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 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 ofboilers 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 chairman. No approval, decision, or ruling of the board shall be effective unless supported by the vote of at least five members thereof."
Section 2. Said chapter is further amended by striking Code Section 34-11-4, relating to rules and regulations, and inserting in lieu thereof a new Code Section 34-11-4 to read as follows:
"34-11-4. (a) (1) The Department of Labor, with the advice of 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
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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 Department of Labor, with the advice of the board, may 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 Department of Labor. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nationwide engineering standards.
(3) The Department of Labor, with the advice of 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 Department of Labor 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 construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the Department of Labor. Notice of the hearing shall
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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 publication 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 Department of Labor shall be permissive immediately and shall become mandatory 12 months after their promulgation."
Section 3. Said chapter is further amended by striking Code Section 34-11-5, relating to newly constructed boilers and vessels, and inserting in lieu thereof a new Code Section 3411-5 to read as follows:
"34-11-5. No boiler or pressure vessel which does not conform to the rules and regulations of the Department of Labor 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 Department of Labor."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 34-11-7, relating to exceptions, and inserting in lieu thereof a new subsection (a) to read as follows:
"(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
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in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation;
(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;
(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 capacity 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;
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(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;
(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;
(12) Boilers and pressure vessels operated and maintained for the production and generation of electricity;
(13) Boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process; and
(14) Boilers and pressure vessels operated and maintained by a public utility."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 34-11-8, relating to chief inspectors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner may 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 con-
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struction, 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 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 Commissioner."
Section 6. Said chapter is further amended by striking Code Section 34-11-9, relating to deputy inspectors, and inserting in lieu thereof a new Code Section 34-11-9 to read as follows:
"34-11-9. The Commissioner may 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."
Section 7. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 34-11-14, relating to inspections, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) On and after January 1, 1986, 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
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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 internal 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."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Approved February 15, 1985.
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ELEVATOR INSPECTIONS. Code Sections 8-2-101, 8-2-104, and 8-2-109 Amended.
No. 24 (Senate Bill No. 15). AN ACT
To amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and escalators and similar devices, so as to change the date before which inspections shall be required; to eliminate the requirement that inspectors be in the classified service; to change the date by which the advisory committee shall be appointed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and escalators and similar devices, is amended by striking subsection (a) of Code Section 8-2-101, relating to registration, maintenance, and alterations, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Prior to January 1, 1986, 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 1,1986, shall be inspected before being placed in service and shall be registered within 15 days after they are completed and placed in service."
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Section 2. Said part is further amended by striking subsection (a) of Code Section 8-2-104, relating to inspectors and inspections, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner shall be authorized to employ 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 regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors."
Section 3. Said part is further amended by striking subsection (b) of Code Section 8-2-109, relating to the advisory committee, and inserting in lieu thereof a new subsection (b) to read as follows:
"(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, 1985, to appoint the members of the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meetings of the committee, provided such travel and other expenses are approved by the Commissioner."
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Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved February 15, 1985.
APPROPRIATIONS -- SUPPLEMENTAL FOR F.Y. 1984-85.
No. 26 (House Bill No. 475).
AN ACT
To amend an Act providing appropriations for the state fiscal year 1984-85, which was approved January 29, 1985, and is Act No. 4, so as to change certain appropriations; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the state fiscal year 1984-85, which was approved January 29, 1985, and is Act No. 4, is amended by striking from Section 43 the following:
"Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $716,800 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, equipping and improvement of land, property, buildings, structures, equipment and facilities both real and personal, necessary or useful, in connection therewith, of and for the Georgia Department of Administrative Services, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt.",
and inserting in lieu thereof the following:
"Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund,
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$716,800 is specifically appropriated for the purpose of financing a State records processing and storage facility of Georgia Building Authority for assignment of administrative space by the Department of Administrative Services (including the acquisition, construction, development, demolition, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt."
Section 2. This Act shall become effective upon its approval by 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 18, 1985.
GEORGIA BUILDING AUTHORITY -- PARKING FACILITIES; CONTRACTS WITH DEPARTMENT OF
INDUSTRY AND TRADE.
Code Sections 50-9-2, 50-9-5, and 10-9-5 Amended.
No. 27 (House Bill No. 587).
AN ACT
To amend Code Section 50-9-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Building Authority Act," so as to change the definition of the word "project"; to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, so as to change the provisions relating to com tracts and lease agreements between the Georgia Building Au-
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thority and any department, board, commission, agency, or appellate court of the state; to amend Code Section 10-9-5 of the Official Code of Georgia Annotated, relating to the transfer of duties of the Department of Industry and Trade to the Geo. L. Smith II Georgia World Congress Center Authority, so as to authorize the Department of Industry and Trade to contract with the Georgia Building Authority for the provision of a parking facility or for any other exercise of its powers necessary or convenient to the department; to 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 50-9-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Building Authority Act," is amended by striking paragraph (4) in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Project' means and includes one or a combination of two or more of the following: buildings and facilities intended for use as offices and related uses and all structures, including electric, gas, steam and water utilities and facilities of every kind and character deemed by the authority necessary or convenient for the efficient operation of any department, board, commission, or agency of the state. Without limiting the foregoing and without further determination of necessity or convenience, the word 'project' also means and includes public parks and public parking facilities adjacent to the state capitol other than the facilities within or connected to state-owned or state-leased buildings; a parking facility on the 'Old Incinerator' site acquired in 1983 by the State of Georgia from the City of Atlanta in Fulton County, Georgia; an executive mansion and buildings, structures, and facilities of every kind and character for use in conjunction with the mansion regardless of whether the buildings, structures, and facilities are physically connected with such mansion; a Department of Transportation laboratory and buildings, structures, and facilities of every kind and character for use in conjunction with the laboratory, regardless of whether the buildings, structures, and facilities
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are physically connected with the laboratory, provided that the buildings, structures, and facilities are built and constructed on property owned by the Department of Transportation at Forest Park, Georgia."
Section 2. Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, is amended by striking paragraph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to any department, board, commission, agency, or appellate court of the state to enter into contracts and lease agreements for the use or concerning the use of any structure, building, or facilities or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the state may obligate itself to pay an agreed sum for the use of the property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property leased from the authority;".
Section 3. Code Section 10-9-5 of the Official Code of Georgia Annotated, relating to the transfer of duties of the Department of Industry and Trade to the Geo. L. Smith II Georgia World Congress Center Authority, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 10-9-5 to read as follows:
"10-9-5. The authority is authorized and directed to contract with the Department of Industry and Trade to exercise on behalf of the department such future responsibility in
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connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Department of Industry and Trade is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the Department of Industry and Trade, as herein authorized, the authority on behalf of the Department of Industry and Trade shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry and Trade, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties Commission. Nothing in this Code section nor anything in any contract between the authority and the Department of Industry and Trade shall prevent the Department of Industry and Trade from contracting with the Georgia Building Authority for the provision of a parking facility or for any other exercise of its powers necessary or convenient to the department."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved February 18, 1985.
PRODUCT LIABILITY INSURANCE -- REPORTS.
Code Section 33-3-22 Amended.
No. 29 (House Bill No. 357).
AN ACT
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide that the Insurance Commissioner may require insurers to provide reports regarding product liability insurance covering risks located 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. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, is amended by striking Code Section 33-3-22, which reads as follows:
"33-3-22. On or before March 1 of each year or at other dates as the Commissioner may require, each insurer authorized to transact product liability insurance or to provide excess insurance above self-insured retention to one or more manufacturers, wholesalers, distributors, or retailers or to transact other lines of insurance in this state shall provide the Commissioner with such reports of its affairs and operations regarding insurance covering insured persons resident
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or located in this state for the immediately preceding calendar year ending on December 31 or for other periods of time as the Commissioner may require. These reports shall be made in such form and shall contain such information as the Commissioner may by regulation or by order from time to time prescribe which as to product liability insurers may include but shall not be required to be limited to the following information:
(1) The total number of product liability claims, broken down by:
(A) The type or category of claims; and
(B) Whether the claims were:
(i) Reported during a prior period and closed during the reporting period;
(ii) Reported and closed during the reporting period; or
(iii) Reported and not closed during the reporting period;
(2) The total amount paid in settlement or discharge of the claims for each type or category of claims;
(3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding year; provided, however, that the information on reserves shall be required to be maintained by the Insurance Commissioner in confidence except that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon request;
(4) The total amount of premiums received from insured persons, resident or located in this state, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers;
(5) The total number of insured persons resident or located in this state for which such product liability in-
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surance has been provided which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers;
(6) The total number of insured persons resident or located in this state whose product liability insurance coverage the insurer canceled or refused to renew and the reasons therefor, which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers; and
(7) The total number of insured persons resident or located in this state who failed to renew their product liability insurance policies during the reporting period which information must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers.",
in its entirety and inserting in lieu thereof a new Code Section 33-3-22 to read as follows:
"33-3-22. The Commissioner by rule and regulation may require each insurer providing product liability insurance in this state to provide reports of its affairs and operations regarding product liability insurance covering risks located in this state with such frequency and in such form as the Commissioner deems necessary."
Section 2. This Act shall become effective upon its approval by 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 22, 1985.
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CRIMINAL PROCEDURE -- RESTITUTION BY INMATES FOR DAMAGE TO STATE PROPERTY. Code Section 17-14-13 Amended.
No. 30 (House Bill No. 167). AN ACT
To amend Code Section 17-14-13 of the Official Code of Georgia Annotated, relating to manner of enforcement of restitution orders generally, so as to provide that, when an inmate offender has been ordered to make restitution for any damage to state property caused by such offender, the department may order the seizure of all moneys in or coming into the monetary account of the inmate offender; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-14-13 of the Official Code of Georgia Annotated, relating to manner of enforcement of restitution orders generally, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) When an inmate offender has been ordered to make restitution for any damage to state property caused by such offender, the department may order the seizure of all moneys in or coming into the monetary account of the inmate offender."
Section 2. This Act shall become effective upon its approval by 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 26, 1985.
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REVENUE AND TAXATION -- SPECIAL COUNTY 1 PERCENT SALES AND USE TAX AUTHORIZED; COUNTY
GENERAL OBLIGATION DEBT; REFERENDUMS.
Code Title 48, Chapter 8 Amended.
No. 33 (House Bill No. 281).
AN ACT
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the imposition of a special county 1 percent sales and use tax; to provide that the imposition of any such tax must be approved by the voters of the county; to provide that general obligation debt may be issued in conjunction with the imposition of the tax; to provide that such debt shall be payable first from the proceeds of the tax but shall constitute a pledge of the full faith, credit, and taxing power of the county; to provide for the manner of imposition of the tax and the duration of the tax; to provide for administration and collection of the tax by the state revenue commissioner; to provide that the proceeds to the county from the tax shall be used exclusively for stated purposes; to provide credits for local sales and use taxes levied in other jurisdictions against said county sales and use tax and against the joint county and municipal sales and use tax; to provide a limit on the total levy of local sales and use taxes; to provide for all matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding a new Article 3 to read as follows:
"ARTICLE 3
48-8-110. The governing authority of any country in this state may, subject to the requirement of referendum ap-
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proval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2.
48-8-111. (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:
(1) The purpose for which the proceeds of the tax are to be used, which purpose may include only one of the following purposes:
(A) Road, street, and bridge purposes;
(B) A capital outlay project of the county which is for the use of or the benefit of the citizens of the entire county and which consists of a county courthouse; county administrative buildings; a civic center; a county jail, hospital services or indigent patient care, correctional institution, or other detention facility; a county library; or a coliseum;
(C) A capital outlay project which will be operated by a joint authority of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; or
(D) A capital outlay project or projects, to be owned and operated either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of
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the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included;
(2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be used for road, street, and bridge purposes, for which the tax may be imposed;
(3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed for road, street, and bridge purposes the maximum cost and maximum proceeds to be raised shall be omitted; and
(4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt.
(b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date
GEORGIA LAWS 1985 SESSION
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and purpose of the election to be published for not less than 30 days immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate'or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.
(c) If the tax is to be imposed for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:
'( ) YES Shall a special 1 percent sales and use tax be imposed for road, street,
( ) NO and bridge purposes in County for a period of ?'
(d) (1) If the tax is to be imposed other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:
'( ) YES Shall a special 1 percent sales and use
tax be imposed in
( ) NO
County for a period
of time not to exceed
and
for the raising of not more than $
for the purpose of 2
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by subsection (c) of this Code section, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance
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GENERAL ACTS AND RESOLUTIONS, VOL. I
of general obligation debt of in the principal amount of $ purpose.'
County for the above
(e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.
(f) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sec-
GEORGIA LAWS 1985 SESSION
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tions 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
48-8-111.1. With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provisions of this Code section shall control over any conflicting provisions of this article. The tax authorized by this article, if imposed by a consolidated government, shall not be subject to any maximum period of time for which the tax may be levied if general obligation debt is to be issued in conjunction with the imposition of the tax. In such case the resolution or ordinance calling for the imposition of the tax shall not be required to state a maximum period of time for which the tax is to be levied; and the language relating to the maximum period of time for which the tax is to be levied shall be omitted from the ballot. The resolution or ordinance calling for the imposition of the tax shall state the maximum amount of revenue to be raised by the tax, and the tax shall terminate as provided in paragraph (1) or (3) of subsection (b) of Code Section 488-112. In all other respects, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county.
48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.
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(b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) If the tax was imposed other than for road, street, and bridge purposes, as of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum cost of the project.
(c) No county shall impose at any time more than a single 1 percent tax under this article. No county shall adopt a resolution or ordinance calling for the imposition of a tax under this article at any time when a tax under this article is in effect in the county, except that a county in which the tax is currently being imposed for road, street, and bridge purposes may by ordinance or resolution and special election continue the imposition of the tax for a further period not to exceed four years in the same manner as specified for the original imposition of the tax, with such extended period not to commence until the expiration of the authorized period then in effect.
48-8-113. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall
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be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state tax imposed by Article 1 of this chapter.
48-8-114. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.
48-8-115. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration;
(2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county imposing the tax.
48-8-116. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be
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granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 2 of this chapter, if applicable, and then against the tax levied under this article.
48-8-117. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-118. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.
(b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-119. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-120. Except as provided in Code Section 48-8-6, the tax authorized by this article shall be in addition to any
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other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county shall not affect the authority of a county to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county.
48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.
(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt.
(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed for road, street, and bridge purposes. If the tax is imposed for purposes other than road, street, and bridge purposes, then no general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from
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the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this article (other than for road, street, and bridge purposes) may specify that all of the proceeds ofthe tax will be used for payment ofgeneral obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) The resolution or ordinance calling for the imposition of the tax authorized by this article (other than for road, street, and bridge purposes) may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which the proceeds will be used; and such other purposes shall be a part of the capital outlay project for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purposes for which the proceeds will be used; and such purposes shall be road, street, and bridge purposes or shall be a part of the capital outlay project for which the tax is to be imposed.
(g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt
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243
issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed for road, street, and bridge purposes) in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this Code section. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 2. Said chapter is further amended by striking Code Section 48-8-90, relating to credits against the joint county and municipal sales and use tax for other local sales and use taxes, and inserting in its place a new Code section to read sis follows:
"48-8-90. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article
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for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is coterminous with the special district; and taxes so paid in another jurisdiction shall be credited first against the tax levied under this article and then against the tax levied under Article 3 of this chapter, if applicable."
Section 3. Said chapter is further amended by striking Code Section 48-8-6, relating to prohibition of local gross receipts taxes and sales and use taxes, and inserting in its place a new Code section to read as follows:
"48-8-6. (a) Except as otherwise authorized by the General Assembly, no county, municipality, school district, or other political subdivision of this state shall impose, levy, or collect a gross receipts tax, sales tax, use tax, or tax on amusement admission or services included in this article.
(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed."
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 February 28, 1985.
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COURTS -- APPOINTMENT OF INTERIM JUDGES TO FILL TEMPORARILY CERTAIN VACANCIES IN JUDICIAL OFFICES.
Code Section 15-1-9.1 Amended.
No. 34 (House Bill No. 88).
AN ACT
To amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating generally to requesting judicial assistance from other courts, so as to authorize the Governor to fill temporarily certain vacancies in certain situations; to 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 15-1-9.1 of the Official Code of Georgia Annotated, relating generally to requesting judicial assistance from other courts, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request for him. If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or disqualification of one of the judges, and it is satisfactorily made to appear to the Governor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall name and assign a judge to hold the regular or special term of such court. However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding
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of any regular or special term already called by him in his own court.
(2) If a vacancy shall occur in the judicial office for which the Governor is authorized to name and assign a judge to hold the regular or special term of court as provided in paragraph (1) of this subsection, the Governor may appoint a judge of a court of record as an interim judge to fill temporarily such vacancy until the vacancy is permanently filled as provided by law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved February 28, 1985.
FINANCIAL INSTITUTIONS -- GEORGIA OFFICES OF OUTOF-STATE BANKS OR BANK HOLDING COMPANIES; BANKS ACQUIRED BY BANK HOLDING COMPANIES.
Code Sections 7-1-590 and 7-1-608 Amended.
No. 39 (Senate Bill No. 136).
AN ACT
To amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to branch banks, offices, facilities, and holding companies, so as to clarify the law relating to offices of non-Georgia banks which maintain business offices in Georgia to perform activities not specifically reserved to banking corporations; to authorize the department to request additional registration information and further define
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the banking business through its regulations; to require any bank being acquired by a bank holding company to be a bank as defined in the federal Bank Holding Company Act of 1956 or a federal or state savings and loan or federal savings bank whose deposits are insured by the Federal Savings and Loan Insurance Association; to protect the status of any bank holding company registered with the department on January 1, 1985; 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 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to branch banks, offices, facilities, and holding companies, is amended by striking Code Section 7-1-590, relating to representative offices of banks domiciled in other states or territories, in its entirety and substituting in lieu thereof a new Code Section 7-1-590 to read as follows:
"7-1-590. (a) Any bank or bank holding company domiciled outside this state and operating under the laws of the United States or of any state or territory of the United States, which bank or bank holding company does not maintain a place of business for the purpose of transacting a banking business or any part thereof in or through an office in this state but maintains or whose subsidiary or agent maintains an office in this state for other purposes, shall be deemed to have a 'representative office.'
(b) Each representative office located in this state shall register with the department annually on forms prescribed by the department. Such registration shall be filed before January 31 of each year, shall be accompanied by a registration fee prescribed by regulations of the department, and shall list the name of the local representative, the street address of the office, the nature of the business to be transacted in or through the office, and such other information as the department may require.
(c) The department may review the operations of any representative office annually or at such greater frequency
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as it deems necessary to assure that the office does not transact a banking business. As used in this Code section, the term 'a banking business' is the business which a bank domiciled in this state is authorized to do pursuant to Part 3 of this article and by way of illustration, but not limitation, shall include the receiving of deposits, the performance of any transaction directly or through an affiliate or agent relative to a deposit account whether originated through electronic devices, tellers, agents, or fiduciaries.
(d) For purposes of this Code section, the terms 'bank' and 'bank holding company' shall have the same meaning accorded those terms for purposes of this Part 18."
Section 2. Said part is further amended by striking Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies, in its entirety and substituting in lieu thereof a new Code Section 7-1-608 to read as follows:
"7-1-608. (a) It shall be unlawful for a bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such bank holding company will directly or indirectly own or control 5 percent or more of the voting shares of such bank, or for any company to become a bank holding company as a result of the acquisition of control of a bank, unless:
(1) The bank being acquired is either a 'bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a 'savings and loan,' a 'state savings and loan,' or a 'federal savings bank' whose deposits are insured by the Federal Savings and Loan Insurance Corporation; and
(2) Such bank has been in existence and continuously operating as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition;
provided, however, that nothing in this Code section shall prohibit (A) a bank holding company from acquiring all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating the acquisition
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of a bank, or the trust department of a bank, which has been in existence and continuously operating as a bank or exercising trust powers for such period, or (B) a company from becoming a bank holding company by virtue of acquiring control of a bank if neither the company, nor any other company controlled by or controlling such company, controls any other bank domiciled in this state or elsewhere.
(b) Nothing contained in this Code section shall affect the status of any bank holding company registered with the department on January 1, 1985."
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 6, 1985.
GEORGIA INDUSTRIAL LOAN ACT -- UNIVERSITIES, COLLEGES, AND STUDENT LOANS EXEMPTED FROM
ACT.
Code Section 7-3-6 Amended.
No. 41 (House Bill No. 437).
AN ACT
To amend Code Section 7-3-6 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of the "Georgia Industrial Loan Act," so as to provide for an express exemption for certain colleges and universities and associations thereof and student loan transactions of such educational entities; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 7-3-6 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of the "Georgia Industrial Loan Act," is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 7-3-6 to read as follows:
"7-3-6. This chapter shall not apply to businesses organized or operating under the authority of any law of this state or of the United States relating to banks, trust companies, real estate loan or mortgage companies, federal savings and loan associations, Georgia building and loan associations, credit unions, and pawnbrokers or to the transactions of such businesses, which businesses are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. This chapter also shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. It is expressly provided that no bank, trust company, national bank, insurance company, or real estate loan or mortgage company, authorized to do business in this state, shall be required to obtain a license under this chapter nor shall the University System of Georgia or its educational units or private colleges and universities in this state and associations thereof be required to obtain a license under this chapter. It is further provided that persons making loans and charging interest thereon at a rate of not more than 8 percent simple interest per annum shall not be subject to this chapter or required to obtain a license hereunder."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 7, 1985.
THE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT -- UNIVERSITIES, COLLEGES, AND STUDENT
LOANS EXEMPTED FROM ACT.
Code Section 10-1-16 Enacted.
No. 43 (House Bill No. 438).
AN ACT
To amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solicitation Sales Act," so as to provide an express exemption for certain colleges and universities and associations thereof and student loan transactions of such educational entities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solicitation Sales Act," is amended by adding at the end thereof a new Code Section 10-1-16 to read as follows:
"10-1-16. This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly exempted from the operation of its provisions."
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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 7, 1985.
GEORGIA DEVELOPMENT AUTHORITY -- WATER AND SEWER PROJECTS; ENVIRONMENTAL FACILITY
PROJECTS; LOCAL GOVERNMENT BONDS; REVENUE SHORTFALL RESERVE.
Code Title 50, Chapter 10 and Code Section 45-12-93 Amended.
No. 44 (Senate Bill No. 269).
AN ACT
To amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to provide a definition of the word "may"; to change internal cross-references; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; to authorize the authority to receive payments from the Department of Community Affairs and to use the proceeds thereof for certain purposes; to authorize the General Assembly to appropriate certain funds for State Fiscal Year 1985 from the Revenue Shortfall Reserve for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority; to change the provisions relating to the time when a lease may allow title to an environmental facility project to vest in the local government; to delete the requirement that local governments first undertake to sell bonds, notes, or other obligations pursuant to a request for bids; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by striking paragraphs (8) through (13) of Code Section 50-10-4, relating to definitions, and inserting in lieu thereof new paragraphs (8) through (14) to read as follows:
"(8) 'May' means permission and not command.
(9) 'Municipal corporation' or 'municipality' means any city or town in this state.
(10) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.
(11) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities.
(12) 'Revenue bond' includes bond.
(13) 'Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (5) of this Code section, defining 'environmental facilities.'
(14) 'Water facility' means any environmental facility described in subparagraph (A) of paragraph (5) of this Code section, defining 'environmental facilities.' "
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Section 2. Said chapter is further amended by striking paragraph (9) of subsection (d) of Code Section 50-10-5, relating to corporate powers and purposes, which reads as follows:
"(9) To issue revenue bonds, bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to use the proceeds to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose and to pay all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations;",
and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:
(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof;
(B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations;".
Section 3. Said chapter is further amended by striking subsection (e) of Code Section 50-10-7, relating to certain lease agreements, which reads as follows:
"(e) Any lease agreement executed by the authority directly with any local government may provide that at the
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termination thereof and upon payment in full of all amounts due thereunder and otherwise to the authority, title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens of encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority.",
and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority."
Section 4. Said chapter is further amended by striking Code Section 50-10-17 which reads as follows:
"50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section III, Paragraph III of the Constitution of the State of Georgia of 1976 and Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor, provided that, except as to the use of the proceeds of bonds guaranteed as to payment by the state or with respect to funds provided to the authority by the state from the sale of state general obligation bonds, the authority shall not acquire any bond, revenue bond, note, or other obligation from a local government issued to pay all or part of the cost of any local project to be acquired or constructed by a local government unless such local government shall have first undertaken to sell such bond, revenue bond, note, or other obligation pursuant to a request for bids or a request for proposal, for negotiation or otherwise, in accordance with and on terms and conditions prescribed by the above commission.",
and inserting in lieu thereof a new Code Section 50-10-17 to read as follows:
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"50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section III, Paragraph III of the Constitution of the State of Georgia of 1983 or its successor."
Section 5. Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the Revenue Shortfall Reserve and Midyear Adjustment Reserve, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $12,500,000 for State Fiscal Year 1985 from the Revenue Shortfall Reserve, for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority."
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 8, 1985.
"GARDEN WEEK" DESIGNATED. No. 1 (House Resolution No. 100).
A RESOLUTION
Designating "Garden Week" in Georgia; and for other purposes.
WHEREAS, the gardeners of our state and nation help to preserve and foster the traditional spirit of independence and individual initiative; and
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WHEREAS, gardening furnishes a pleasant and productive activity for many of our citizens and develops a greater appreciation and respect for our natural surroundings; and
WHEREAS, the garden clubs of this state bring a special beauty to their communities and the entire state through their activities; and
WHEREAS, the Garden Clubs of Georgia, Inc., is comprised of 725 community garden clubs throughout the state with membership totaling over 20,000; and
WHEREAS, these individual garden clubs sponsor special projects to share an appreciation of the joys of gardening with others; and
WHEREAS, it is only fitting and proper that the achievements and contributions of the gardeners and garden clubs of this state be recognized by the designation of an annual "Garden Week" in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the week beginning with the first Sunday of June each year shall be designated as "Garden Week" in Georgia.
Approved March 8, 1985.
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FINANCIAL INSTITUTIONS -- DEFINITIONS; CIVIL PENALTIES FOR VIOLATION OF ORDERS OF THE DEPARTMENT OF BANKING AND FINANCE; RECEIVING
MONEY FOR DEPOSIT.
Code Title 7, Chapter 1 Amended.
No. 45 (Senate Bill No. 137).
AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to define the term "money"; to provide for the imposition of a civil penalty against any financial institution for violations of the terms of any order issued by the department; to provide for certain guidelines to be used by the department in determining the penalty; to provide for a hearing; to provide for disposition of penalties recovered by the department; to provide that the term "financial institution" shall include certain persons participating in the conduct of the affairs of the financial institution subject to the orders issued by the department; to provide that an attorney at law, real estate agent, fiscal agent, broker, insurance company, or utility company licensed under the laws of this state shall not be deemed to be engaged in the business of receiving money for deposit or transmission under certain conditions; to clarify the powers of banks; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," is amended by adding in Code Section 7-1-4, relating to definitions pertaining to financial institutions, a new paragraph (22.1), immediately following paragraph (22), to read as follows:
"(22.1) 'Money' means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency."
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Section 2. Said chapter is further amended by adding new subsections (f), (g), and (h) at the end of Code Section 7-1-91, relating to orders and the enforcement thereof by the Department of Banking and Finance, to read as follows:
"(f) Any financial institution which violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of the institution, the good faith efforts of the financial institution to comply with the order, the gravity of the violation, the history of previous violations by the financial institutions, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. The financial institution or other person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the financial institution involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90.
(g) All penalties recovered by the department pursuant to this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441.
(h) The term 'financial institution' as used in this Code section shall include any officer, director, employee, agent, or other person participating in the conduct of the affairs of the financial institution subject to the orders issued pursuant to this Code section."
Section 3. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 7-1-241, relating
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to restrictions on engaging in banking business, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) An attorney at law, real estate agent, fiscal agent, broker, insurance company, or utility company licensed under the laws of this state to the extent he or it receives and transmits money solely as an incident to his or its business or profession and not as part of a banking business."
Section 4. Said chapter is further amended by striking paragraphs (1) and (2) of Code Section 7-1-280, relating to major banking powers, in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) To receive money or checks, drafts, or other items of commercial paper for deposit and to provide by its rules or by agreement for the terms of withdrawal and interest thereon;
(2) To receive checks, drafts, and other items of commercial paper for collection or to act as an agent to collect checks, drafts, and other items of commercial paper and in exercising these powers to become a member of a clearing-house and grant security interests in its assets for its qualification therein;".
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, 1985.
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MOTOR VEHICLE LICENSE PLATES -- PRESTIGE OR SPECIAL LICENSE PLATES; FEES; HONORARY CONSULAR
PLATES; COUNTY DECALS.
Code Title 40, Chapter 2 Amended.
No. 48 (House Bill No. 43).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to change the fee for acquiring certain prestige or special license plates; to provide for the issuance of honorary consular plates and to limit the number of honorary consular plates; to require that a county decal be used with and affixed to prestige or special license plates; 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 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, is amended by striking Code Section 40-2-60, relating to prestige license plates, and inserting in lieu thereof a new Code Section 40-2-60 to read as follows:
"40-2-60. (a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner.
(b) For the purpose of this Code section, a license plate with a low number or special number may also be considered as a prestige or personalized plate.
(c) Additional fees for special or distinctive license plates issued pursuant to Code Section 40-2-61 through Code
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Section 40-2-75 shall be as prescribed in such Code sections, and, when no additional fee is specified, no additional fee shall be required.
(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
Section 2. Said article is further amended by striking Code Section 40-2-62, relating to special license plates for sheriffs, and inserting in lieu thereof a new Code Section 40-2-62 to read as follows:
"40-2-62. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle."
Section 3. Said article is further amended by striking subsection (a) of Code Section 40-2-63, relating to consular corps license plates, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are honorary consuls, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two honorary consular corps license plates. Consular officials who are citizens of the country they represent shall be issued such plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. No more than two sets of honorary consular corps license plates shall be issued to any country."
Section 4. Said article is further amended by striking subsection (a) of Code Section 40-2-66, relating to special license plates for commanders of certain veterans' organizations, and inserting in lieu thereof a new subsection (a) to read as follows:
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"(a) The commanders of the American Legion, the Amvets, the Jewish War Veterans, the Disabled American War Veterans, the Veterans of World War I, and the SpanishAmerican War Veterans, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional fee of $25.00, shall be issued license plates as prescribed in Code Section 40-2-29 for use on their official, private, passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner."
Section 5. Said article is further amended by striking subsection (a) of Code Section 40-2-73, relating to special license plates for amateur radio operators, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $25.00, 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 Communications 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."
Section 6. Said article is further amended by striking subsection (a) of Code Section 40-2-74, relating to special license plates for citizens band radio operators, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official
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citizens band radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $25.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed the official citizens band radio call letters of such applicant as assigned by the Federal Communications Commission."
Section 7. Said article is further amended by striking subsection (b) of Code Section 40-2-75, relating to special license plates for historical vehicles and street rods, and inserting in lieu thereof a new Code Section 40-2-75 to read as follows:
"(b) Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every historical vehicle within the state. Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every street rod within the state. Said special license plates shall be valid, without renewal, as long as the vehicle is in existence."
Section 8. Said article is further amended by adding at the end thereof a new Code Section 40-2-77 to read as follows:
"40-2-77. Any metal seven-year special, distinctive, or prestige license plate issued or reissued as authorized in this article from and after July 1,1985, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Approved March 14, 1985.
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COUNTIES -- INTERMENT OF DECEASED INDIGENT PERSONS.
Code Section 36-12-5 Amended.
No. 52 (House Bill No. 546).
AN ACT
To amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to the interment of deceased indigent persons, so as to provide an exception to the amounts payable for interment if a county has made prior arrangements through bids or negotiation^ to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to the interment of deceased indigent persons, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever any person dies in this state and the decedent, his family, and his immediate kindred are indigent and unable to provide for his decent interment, the governing authority of the county wherein the death occurs shall make available from county funds a sum sufficient to provide a decent interment of the deceased indigent person or to reimburse such person as may have expended the cost thereof voluntarily, the exact amount thereof to be determined by the governing authority of the county, provided that in no event shall the sum to be made available by the county be less than $75.00 or more than $250.00 unless the governing authority has made prior arrangements by competitive bidding or by negotiation with such persons, firms, or corporations as are authorized to handle the interment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 14, 1985:;
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HAZARDOUS WASTE MANAGEMENT -- RULES; PERMITS; FACILITIES; FINANCIAL RESPONSIBILITY; PENALTIES.
Code Title 12, Chapter 8, Article 3 Amended. No. 54 (House Bill No. 168). AN ACT
To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to change the definitions of the terms "hazardous waste" and "solid waste"; to define the terms "organization," "serious bodily injury," "hazardous constituent," and "land disposal"; to authorize the Board of Natural Resources to promulgate rules and regulations dealing with the use and disposition of hazardous waste; to specify certain conditions that may be required in permits issued to hazardous waste facilities; to provide for the continued operation of certain hazardous waste facilities in an interim status while their applications for permits are pending; to provide for a termination date for interim status of land disposal facilities, hazardous waste incinerators, and all hazardous waste facilities other than land disposal facilities and incinerators; to provide dates by which the director of the Environmental Protection Division must make a decision to issue or deny a permit to certain hazardous waste facilities; to amend the activities for which proof of financial responsibility may be required; to authorize the Board of Natural Resources to adopt rules and regulations governing the demonstration of financial responsibility; to provide for implementation of financial responsibility instruments and the creation of a hazardous waste facility trust fund; to authorize the director to serve as trustee of any hazardous waste facility trust fund and as trustee of the hazardous waste trust fund; to authorize the director to issue an order requiring corrective action where there has been a release of hazardous waste into the environment; to clarify the circumstances under which the director may bring an action to enjoin imminent and substantial endangerment to the environment or to human health; to delete the provisions relating to the applicability of the "Georgia Hazardous Waste Management Act"; to amend the provision providing for criminal penalties; to ban the use of hazardous waste
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for dust suppression; 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 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," is amended by striking subsections (5), (7), and (13) of Code Section 12-8-62, relating to definitions, in their entirety and substituting in lieu thereof new subsections (5), (7), and (13) to read as follows:
"(5) 'Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, particularly by but not limited to The Used Oil Recycling Act of 1980 (Public Law 96-463), The Solid Waste Act Amendments of1980 (Public Law 96-482), The Comprehensive Environmental Response Compensation and Liability Act of 1980 (Public Law 96-510), and The Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), as amended.
(7) 'Hazardous waste' means
any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1985, codified as 40 C.F.R. Part 261 Identification and Listing of Hazardous Waste.
(13) 'Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1,1985, codified as 40 C.F.R. Part 261- Identification and Listing of Hazardous Waste."
Section 2. Said article is further amended by inserting in Code Section 12-8-62, relating to definitions, a new paragraph
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(6.1) immediately following paragraph (6), a new paragraph (10.1) immediately following paragraph (10), a new paragraph (11.1) immediately following paragraph (11), and a new paragraph (12.1) immediately following paragraph (12) to read, respectively, as follows:
"(6.1) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1,1985, codified as Appendix VIII to 40 C.F.R. Part 261 - Identification and Listing of Hazardous Waste.
(10.1) 'Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave.
(11.1) 'Organization' means a legal entity, other than a government agency or authority, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
(12.1) 'Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty."
Section 3. Said article is further amended by striking subparagraphs (G) and (H) of paragraph (1) of Code Section 12-864, relating to the powers and duties of the Board of Natural Resources as to hazardous waste, in their entirety and substituting in lieu thereof new subparagraphs (G), (H), and (I) to read as follows:
"(G) Rules and regulations establishing the use of a manifest during the generation and handling of hazardous wastes;
(H) Rules and regulations establishing procedures to ensure public access to records and to ensure protection of
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trade secrets and confidential information, the disclosure of which to the director is required by this article or the rules and regulations adopted hereunder;
(I) Rules and regulations establishing procedures and requirements for the use and disposition of hazardous waste or hazardous constituents; and".
Section 4. Said article is further amended by striking subsections (e) and (i) of Code Section 12-8-66, relating to permits for construction, operation, etc., of hazardous waste facilities, in their entirety and substituting in lieu thereof, respectively, new subsections (e) and (i) to read as follows:
"(e) Permits issued under this Code section shall contain such terms and conditions, including conditions requiring corrective action beyond the facility boundary, as are deemed necessary by the director to protect the environment and the health of humans, and the director may require such testing and construction supervision as said officer deems necessary to protect the environment and the health of humans. Any permit issued subsequent to November 8, 1984, shall contain conditions requiring corrective action for any releases into the environment of hazardous waste or hazardous constituents at the facility seeking a permit, regardless of the time at which waste was placed at such facility.
(i) Any person who owns or operates a facility required to have a permit under this Code section, which facility was in existence on November 19, 1980, or is in existence on the effective date of statutory or regulatory changes pursuant to this article that render the facility subject to the requirement to have a permit pursuant to this Code section shall be accorded interim status, which means that such person shall be treated as having been issued a permit until such time as final administrative disposition of the person's application has been made, if and to the extent the person:
(1) Has notified the director of the existence of such facility as required pursuant to paragraph (17) of subsection (a) of this Code section;
(2) Has filed an application for a permit as required pursuant to this Code section;
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(3) Furnishes to the director information reasonably required or requested for processing such application;
(4) Does not treat, store, or dispose of hazardous waste not specified in the permit application, nor employ processes not specified in the permit application, nor exceed the design capacity specified in the permit application; and
(5) Complies with all standards applicable to interim status facilities as have been or may be promulgated by the board."
Section 5. Said article is further amended by adding at the end of Code Section 12-8-66, relating to permits for construction, operation, etc., of hazardous waste facilities, new subsections (j), (k), (1), (m), and (n) to read as follows:
"(j) In the case of any land disposal facility which had interim status prior to November 8, 1984, interim status shall terminate on November 8, 1985, unless the owner or operator of such facility:
(1) Applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1985; and
(2) Certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements.
(k) In the case of any land disposal facility that has interim status due to any statutory or regulatory changes pursuant to this article on or subsequent to November 8, 1984, which render the facility subject to the requirement to have a permit pursuant to this article, interim status shall terminate on the date 12 months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:
(1) Applies for a fined determination regarding the issuance of a permit pursuant to this Code section for such facility before the date 12 months after the date
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on which the facility first becomes subject to such permit requirement; and
(2) Certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements.
(l) In the case of any hazardous waste incinerator which had interim status prior to November 8,1984, interim status shall terminate on November 8, 1989, unless the owner or operator of such facility applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1986.
(m) In the case of all hazardous waste facilities other than land disposal facilities and incinerators, interim status shall terminate on November 8, 1992, unless the owner or operator of such facility applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1988.
(n) In the case of all hazardous waste facilities in existence on November 8, 1984, the director must make a decision to issue or deny a permit pursuant to this Code section by the following dates:
(1) By November 8,1988, for all land disposal facilities;
(2) By November 8, 1989, for all incinerators; and
(3) By November 8, 1992, for all other hazardous waste facilities."
Section 6. Said article is further amended by striking subsections (a), (b), (c), (d), and (e) of Code Section 12-8-68, relating to proof of financial responsibility by persons maintaining or operating hazardous waste facilities, in their entirety and substituting in lieu thereof new subsections (a), (b), (c), (d), and (e) to read as follows:
"(a) No hazardous waste storage, treatment, or disposal facility shall be operated or maintained by any person unless
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adequate financial responsibility, by bonding or other methods approved by the director, has been demonstrated to the director to ensure the satisfactory maintenance, operation, closure, and postclosure care of the facility, any corrective action which may be required as a condition of a permit, and payment of any liabilities to third parties as set forth in the regulations adopted pursuant to this article.
(b) The director may require the demonstration of financial responsibility prior to issuing a permit for any hazardous waste storage, treatment, or disposal facility to assure the availability of funds to meet sufficiently the requirements for proper closure, maintenance, or postclosure care of the facility and the hazardous waste contained therein, to assure any corrective action required as a condition of such a permit, and to guarantee payment of any liabilities to third parties as set forth in regulations adopted pursuant to this article. The director is authorized to establish the financial responsibility requirements for permit applicants and classes of permit applicants, including the establishment of a range of monetary amounts.
(c) The board may adopt rules and regulations pursuant to this article establishing the criteria for approval, time periods for coverage, and other terms and conditions for the demonstration of financial responsibility required by this article and for the implementation of financial responsibility instruments.
(d) If the director determines that a hazardous waste storage, treatment, or disposal facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit, to the satisfaction of the director, the director may implement the applicable financial responsibility instruments. The proceeds from any applicable financial responsibility instruments shall be deposited in a special account designated as the hazardous waste facility trust fund. The director shall serve as trustee of any such hazardous waste facility trust fund and the funds deposited in any such fund shall
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be used only for closure, postclosure care, or corrective action required for the facility. The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with closure, postclosure, or corrective action requirements shall be made by the director.
(e) In addition to any hazardous waste facility trust fund established by subsection (d) of this Code section, there shall be established the hazardous waste trust fund. The director shall serve as trustee of the hazardous waste trust fund. The moneys deposited in such fund may be expended by the director as considered necessary to ensure the protection of the environment or public health or safety. The funds deposited in the hazardous waste trust fund shall not be used for normal operating expenses of the division but shall be expended only for the detoxification, removal, and disposal of any hazardous waste, the reclamation of facilities, and the closure and postclosure care of facilities which have been abandoned or on which the owners or operators have defaulted or otherwise refused to perform the detoxification, removal, and disposal of all hazardous wastes or the reclamation of facilities."
Section 7. Said article is further amended by striking Code Section 12-8-71, relating to orders issued by the director, in its entirety and substituting in lieu thereof a new Code Section 12-8-71 to read as follows:
"12-8-71. (a) Whenever the director has reason to believe that a violation of any provision of this article, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, the director shall attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this article, the rules and regulations, or the order alleged to have been violated and may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.
Ob) Whenever the director has reason to believe that there is or has been a release of hazardous waste or hazard-
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ous constituents into the environment, regardless of the time at which disposal of such hazardous waste or hazardous constituents occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has contributed or who is contributing to such release. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.
(c) Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 128-73."
Section 8. Said article is further amended by striking Code Section 12-8-75, relating to the powers of the director in situations involving imminent and substantial danger, in its entirety and substituting in lieu thereof a new Code Section 12-8-75 to read as follows:
"12-8-75. Notwithstanding any provision of this article to the contrary, the director, upon receipt of evidence that the past or present handling, storage, treatment, transportation, or disposal of any solid waste or hazardous waste is presenting or may present imminent and substantial endangerment to the environment or to the health of humans, may bring an action as provided in Code Section 12-8-72 to restrain immediately any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has caused or is causing or has contributed or is contributing to such handling, storage, treatment, transportation, or disposal to stop such handling, storage, treatment, transportation, or disposal or to take such other action as may be necessary. If it is not practi-
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cable to assure prompt protection of the environment or the health of humans solely by commencement of such a civil action, the director, with the concurrence of the Governor, may issue such emergency orders as may be necessary to protect the environment or the health of humans who are or may be affected by such past or present handling, storage, treatment, transportation, or disposal. Notwithstanding Code Sections 12-8-71,12-8-72,12-8-73,12-8-74, and 12-8-81, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under the first sentence of this Code section before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter."
Section 9. Said article is further amended by repealing Code Section 12-8-80, which reads as follows:
"12-8-80. Exempted from this article are:
(1) Radioactive wastes regulated by federal law or state law other than this article;
(2) Emissions to the air regulated under the authority of Chapter 9 of this title;
(3) Discharges to the waters of this state pursuant to a permit issued under the authority of Article 2 of Chapter 5 of this title; and
(4) Nonhazardous solid waste regulated under the authority of Article 2 of this chapter.",
in its entirety and substituting in lieu of said repealed Code section the following:
"12-8-80. Reserved."
Section 10. Said article is further amended by striking Code Section 12-8-82, relating to criminal penalties for violations of the "Georgia Hazardous Waste Management Act," which reads as follows:
"12-8-82. Any person who knowingly:
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(1) Transports any hazardous waste as defined in this article to a facility which does not have a permit under Code Section 12-8-66;
(2) Treats, stores, or disposes of any hazardous waste as defined in this article without having obtained a permit under Code Section 12-8-66; or
(3) Makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article
shall be subject to a fine of not more than $25,000.00 for each day of violation, to imprisonment not to exceed one year, or to both. If the conviction is for a violation committed after a first conviction of such person under this Code section, punishment shall be by a fine of not more than $50,000.00 per day of violation, by imprisonment for not more than two years, or by both.",
in its entirety and substituting in lieu thereof a new Code Section 12-8-82 to read as follows:
"12-8-82. (a) Any person who:
(1) Knowingly transports or causes to be transported any hazardous waste as defined in this article to a facility which does not have a permit or interim status pursuant to Code Section 12-8-66, which does not have a variance pursuant to Code Section 12-8-69, or which is not subject to an order of the director which specifically authorized continued operation of such facility;
(2) Knowingly treats, stores, or disposes of any hazardous waste as defined in this article:
(A) Without a permit or interim status pursuant to Code Section 12-8-66, a variance pursuant to Code Section 12-8-69, or an order of the director allowing such treatment, storage, or disposal of hazardous waste;
(B) In knowing violation of any material condition or requirement of such permit, interim status, variance, or order; or
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(C) In knowing violation of any material condition or requirement of any applicable regulations or standards;
(3) Knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or regulations promulgated pursuant to this article;
(4) Knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste as defined in this article, whether such activity took place before or takes place after the date of the enactment of this paragraph, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this article or regulations promulgated pursuant to this article; or
(5) Knowingly transports without a manifest or causes to be transported without a manifest, any hazardous waste required by this article or regulations promulgated pursuant to this article to be accompanied by a manifest
shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation, or imprisonment for not less than one nor more than two years (three years in the case of a violation of paragraph (1) or (2)), or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.
(b) Any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste as defined in this article in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) of this Code section and who knows at that time that by such action another person is placed in imminent danger of death or serious bodily injury shall, upon
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conviction, be subject to a fine of not more than $250,000.00 or imprisonment for not less than one nor more than 15 years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1 million.
(c) An organization may be convicted for the criminal acts set forth in subsections (a) and (b) of this Code section, if an agent of the organization performs the conduct which is an element of the crime while acting within the scope of such agent's office or employment and in behalf of the organization or if the commission of the criminal act set forth in subsection (a) or (b) of this Code section is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's employment on behalf of the organization."
Section 11. Said article is further amended by adding at the end thereof a new Code Section 12-8-83 to read as follows:
"12-8-83. The use of waste or used oil or other material which is contaminated or mixed with dioxin or any other hazardous waste as defined in this article, other than a waste identified as a hazardous waste solely on the basis of ignitability, for dust suppression or road treatment is prohibited."
Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 13. All laws and parts of laws in conflict with this Act are repealed.
Approved March 14, 1985.
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DOMESTIC RELATIONS -- REVISION OF JUDGMENTS FOR PERMANENT ALIMONY OR CHILD SUPPORT; PETITIONS TO LEGITIMATE CHILDREN; PATERNITY; BLOOD TESTS.
Code Sections 19-6-19, 19-7-22, and 19-7-43 Amended.
No. 55 (House Bill No. 907).
AN ACT
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relative to revision of a judgment for permanent alimony or child support; to change the period of time relative to pendency of an action for revision; to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; to provide that, in any case involving child support in which paternity is made an issue, the court may order that blood tests be taken; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety subsection (c) of Code Section 19-6-19, relating to revision of a judgment for permanent alimony or child support, and inserting in its place a new subsection (c) to read as follows:
"(c) When an action for revision of a judgment for permanent alimony under this Code section is pending, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification
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shall be subject to revision by the court at any time before final trial."
Section 2. Said title is further amended by striking in its entirety Code Section 19-7-22, relating to petitions for legitimation of children, and inserting in its place a new Code Section 19-7-22 to read as follows:
"19-7-22. A father of an illegitimate child may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which he shall be known."
Section 3. Said title is further amended by adding at the end of Code Section 19-7-43, relating to petitions to establish paternity, a new subsection, to be designated subsection (d), to read as follows:
"(d) In any case involving child support in which the paternity of a child is made an issue, the court, in its discretion, may order the mother, the alleged father, and the child to submit to blood tests as specified in Code Section 19-745. Appropriate orders shall be issued in accordance with the provisions of this article."
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, 1985.
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FORSYTH COUNTY -- SUPERIOR COURT TERMS. Code Section 15-6-3 Amended. No. 56 (House Bill No. 37). AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change court terms for the Superior Court of Forsyth County in the Blue Ridge 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 for superior courts, is amended by striking in its entirety subparagraph (B) of paragraph (6) and inserting in its place a new subparagraph (B) of paragraph (6) to read as follows:
"(B) Forsyth County -- Second Monday in March, July, and November."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 18, 1985.
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CORONERS -- COMPENSATION IN CERTAIN COUNTIES (15,200-15,400) REPEALED.
No. 73 (House Bill No. 299).
AN ACT
To repeal an Act providing for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 590); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census, approved April 12, 1982 (Ga. L. 1982, p. 590), is repealed in its entirety.
Section 2. This Act shall become effective May 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 18, 1985.
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BOARD, COMMISSIONER, AND DEPARTMENT OF OFFENDER REHABILITATION -- TITLES CHANGED TO
BOARD, COMMISSIONER, AND DEPARTMENT OF CORRECTIONS.
No. 129 (House Bill No. 22).
AN ACT
To amend the Official Code of Georgia Annotated so as to substitute the term "corrections" for the term "offender rehabilitation" wherever the same appears in the Code; to change the term "Board of Offender Rehabilitation" to "Board of Corrections"; to change the term "commissioner of offender rehabilitation" to "commissioner of corrections"; to change the term "Department of Offender Rehabilitation" to "Department of Corrections"; to redesignate the Offender Rehabilitation Committee of the Senate as the Corrections Committee of the Senate; 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. The Official Code of Georgia Annotated is amended by superseding and replacing current provisions of the Code with the correspondingly numbered Code sections and parts of Code sections set out below, the intent of this section being to replace the term "offender rehabilitation" each time it appears in said Code with the word "corrections":
(1) Code Section 9-14-45:
"9-14-45. Service of a petition brought under this article shall be made upon the person having custody of the petitioner. If the petitioner is being detained under the custody of the Department of Corrections, an additional copy of the petition shall be served on the Attorney General. If the petitioner is being detained under the custody of some authority other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the petition is filed. Service upon
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the Attorney General or the district attorney may be had by mailing a copy of the petition and a proper certificate of service."
(2) Code Section 9-14-46:
"9-14-46. Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall be the duty of the department or authority to produce the petitioner at such times and places as the court may direct."
(3) Code Section 9-14-53, subsection (a):
"(a) As used in this Code section, the term:
(1) 'Chief judge' means:
(A) The judge of the superior courts of a judicial circuit; or
(B) The judge of the superior courts of a judicial circuit with the longest period of service, in those circuits having more than one judge.
(2) 'Judicial circuit' means any judicial circuit of this state in which a minimum of 235 writs of habeas corpus have been instituted in the superior courts for each of the four years 1974, 1975, 1976, and 1977.
(3) 'Writs of habeas corpus' means those writs of habeas corpus which are sought pursuant to this article relating to the exclusive procedure for obtaining a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record by persons who are detained under the custody of the Department of Corrections."
(4) Code Section 15-6-28.1, subsection (a):
"(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
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having more than one judge, the judge of the superior courts with the longest period of service.
(2) 'Judicial circuit' means any judicial circuit of this state wherein there is an institution of the state designated by the Department of Corrections for carrying out the death sentence."
(5) Code Section 15-11-2, subparagraph (B) of paragraph m
"(B) Is operated by a nonprofit corporation organized under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and has a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chiefjudge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of corrections, which approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws."
(6) Code Section 16-6-4, subsection (b):
"(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 Corrections shall provide counseling to such defendant. 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
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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 subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."
(7) Code Section 16-11-124, paragraph (1):
"(1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his duties;".
(8) Code Section 16-11-130, paragraph (8) of subsection (a):
"(8) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to the 'State-wide Probation Act' when specifically designated and authorized in writing by the director of Division of Probation; and".
(9) Code Section 17-7-131, paragraph (2) of subsection (g):
"(2) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Corrections and the Department of Human Resources."
(10) Code Section 17-10-3, subsections (a), (b), and (c):
"(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished either:
(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both; or
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(2) By confinement under the jurisdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months."
"(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation, but the punishment provided in paragraph (2) of subsection (a) of this Code section shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections."
"(c) Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed between the ages of 16 and 18 years old, shall be punished by a fine not to exceed $1,000.00 or confined exclusively under the jurisdiction of the Board of Corrections for a period not to exceed 12 months."
(11) Code Section 17-10-4, subsection (a):
"(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence imposed under this Code section be modified in such a manner as to increase the amount of fine or the
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term of confinement or to place a county inmate under the jurisdiction of the Board of Corrections."
(12) Code Section 17-10-10, subsection (d):
"(d) This Code section shall govern and shall be followed by the Department of Corrections in the computation of time that sentences shall run."
(13) Code Section 17-10-12, subsections (b) and (c):
"(b) The clerk of the court shall transmit a copy of the custodian's affidavit to the Department of Corrections when the defendant has been sentenced to the custody of the department. The Department of Corrections shall give the defendant credit for the number of days spent in confinement prior to conviction and sentence, as reflected in the custodian's affidavit, before forwarding the record to the State Board of Pardons and Paroles."
"(c) Where the defendant has been sentenced to the custody of an official other than the commissioner of corrections the clerk of the court shall transmit the custodian's affidavit to the proper authorities who shall give the defendant credit for the number of days spent in custody prior to conviction and sentence."
(14) Code Section 17-10-38, subsection (b):
"(b) In all cases in which the defendant is sentenced to be electrocuted, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for electrocution at a state correctional institution designated by the department."
(15) Code Section 17-10-44:
"17-10-44. The Department of Corrections shall provide a death chamber and all necessary apparatus, machinery, and appliances for inflicting the penalty of death by electrocution."
(16) Code Section 17-14-2, paragraphs (3) and (5):
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"(3) 'Department5 means the Department of Corrections."
"(5) 'Ordering authority' means the court of competent jurisdiction, the State Board of Pardons and Paroles, the Department of Corrections, or any combination thereof, as is required by the context."
(17) Code Section 17-14-30, paragraph (1):
"(1) 'Board' means the Board of Corrections."
(18) Code Section 20-2-299:
"20-2-299. The State Board of Education shall be empowered to form in conjunction with other state agencies certain comprehensive boards as needed to ensure the provision of a comprehensive educational program for the students of this state. The Board of Human Resources, the State Board of Education, and the Board of Corrections shall establish a Coordinating Committee for Exceptional Individuals not later than July 1, 1978. The committee shall meet at least once every quarter and report quarterly to the Governor on issues addressed and progress which results. The committee shall be comprised of no less than three members from each of the departments operated under the three boards, including at least one individual at one of the top two levels of management."
(19) Code Section 20-3-411, paragraph (4):
"(4) 'Full-time student' means an undergraduate student who enrolls for a minimum of 12 academic hours, or ten academic hours in the case of a graduate student, and students who are inmates in an institution administered by the Department of Corrections."
(20) Code Section 20-3-513:
"20-3-513. Applicants who are granted loans or scholarships by the State Medical Education Board shall receive a loan or scholarship not to exceed $24,000.00 with which to defray the tuition and other expenses of any such appli-
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cant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved community in Georgia of 15,000 population or less according to the United States decennial census of 1980 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources or at any facility operated by or under the jurisdiction of the Department of Corrections. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit, with the interest due thereon, for the amount of the scholarship received during any one year in medical school."
(21) Code Section 21-2-598, paragraph (3):
"(3) A sentence of confinement in a county correctional institution or other appropriate institution under the jurisdiction of the Department of Corrections not to exceed 12 months."
(22) Code Section 21-3-478, paragraph (3):
"(3) A sentence of confinement in a county correctional institution or other appropriate institution under the juris-
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diction of the Department of Corrections not to exceed 12 months."
(23) Code Section 24-10-60, subsection (a):
"(a) When a prisoner confined in any state prison, county correctional institution, or other penal institution under the jurisdiction of the Board of Corrections, other than a prisoner under a death sentence, is needed as a witness in any civil or criminal proceeding in any court of record in this state or when it is desired that such person stand trial on an indictment or accusation charging him with commission of a felony or misdemeanor, the judge of the court wherein the proceeding is pending is authorized to and shall issue an ex parte order, directed to the Board of Corrections, requiring his delivery to the sheriff of the county where the prisoner is desired as a witness or defendant. The sheriff or his deputies shall take custody of the prisoner on the date named in the order, safely keep him pending the proceeding, and shall return him to the original place of detention after his discharge by the trial judge."
(24) Code Section 24-10-93, subsection (b):
"(b) If at the hearing the judge determines that the witness is material and necessary, that his attending and testifying are not adverse to the interest of this state or to the health and legal rights of the witness, that the laws of the state in which he is required to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce him in the court where the criminal action is pending or where the grand jury investigation is pending at a time and place specified in the order, and prescribing such conditions as the judge shall determine. The judge, in lieu of directing the person having custody of the witness to produce him
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in the requesting jurisdiction's court, may direct and require in his order that the requesting jurisdiction shall come to the Georgia penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction; that the requesting jurisdiction shall provide proper safeguards on his custody while in transit; that the requesting jurisdiction shall be liable for and shall pay all expenses incurred in producing and returning the witness, including, but not limited to, food, lodging, clothing, and medical care; and that the requesting jurisdiction shall promptly deliver the witness back to the same or another Georgia penal institution as specified by the Department of Corrections at the conclusion of his testimony."
(25) Code Section 25-4-8, subparagraph (A) of paragraph (2):
"(A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections;".
(26) Code Section 28-8-1, paragraph (3) of subsection (a):
"(3) The chairmen of the Judiciary, Judiciary and Constitutional Law, Public Safety, and Corrections committees of the Senate;".
(27) Code Section 32-4-42, paragraph (5):
"(5) A county shall have the authority to employ, discharge, promote, set and pay the salaries and compensation of its personnel and determine the duties, qualifications, and working conditions for all persons whose services are needed in the construction, maintenance, administration, operation, and development of its county road system; to work inmates maintained in the county correctional institution or inmates hired from the Department of Corrections and maintained by the latter; and to employ or contract with such engineers, surveyors, attorneys, consultants, and all other employees as independent contractors whose services may be required, subject to the limitations of existing law;".
(28) Code Section 35-2-1, subparagraph (C) of paragraph (1) of subsection (b):
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"(C) The official in charge of the Department of Corrections."
(29) Code Section 35-5-6:
"35-5-6. Nothing in this chapter shall be considered as altering current state laws establishing the powers and authority of the Board of Corrections or the State Board of Pardons and Paroles."
(30) Code Section 35-6A-3, paragraph (1) of subsection (a):
"(1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, and the director of the Division of Youth Services of the Department of Human Resources shall be ex officio members of the council, as full voting members of the council by reason of their office;".
(31) Code Section 35-8-2, subparagraph (C) of paragraph (7) and subparagraph (C) of paragraph (8):
"(C) The Department of Corrections, the State Board of Pardons and Paroles, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions."
"(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, and county correctional institutions."
(32) Code Section 35-8-3, paragraph (1) of subsection (b):
"(1) The Attorney General or his designee, the commissioner of public safety or his designee, the president of the
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Georgia Association of Chiefs of Police or his designee, the president of the Georgia Sheriffs' Association or his designee, the president of the Georgia Municipal Association or his designee, the president of the Association County Commissioners of Georgia or his designee, the president of the Peace Officers' Association of Georgia or his designee, the commissioner of corrections or his designee, the chairman of the State Board of Pardons and Paroles or his designee, and the president of the Georgia Prison Wardens Association or his designee, who shall be ex officio members of the council;".
(33) Code Section 36-12-5, subsection (b):
"(b) The Department of Corrections is authorized to reimburse the governing authority of the county where expenditures have been made in accordance with this Code section for the burial of any inmate under the authority, jurisdiction, or control of the Department of Corrections; but in no case shall the governing authority of the county be entitled to reimbursement where the decedent was in the custody of a county correctional institution or other county correctional facility."
(34) Code Section 37-8-4, paragraph (3):
"(3) Cooperate with the Department of Corrections and the State Board of Pardons and Paroles in establishing and conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole from penal institutions;".
(35) Code Section 42-1-2, subsection (a):
"(a) Any person, other than a law enforcement officer, who furnishes information leading to the capture of an escaped inmate from a penal institution under the jurisdiction of the Board of Corrections may receive a reward of up to $200.00 which shall be payable at the time the escaped inmate is returned to the custody of the Board of Corrections. The commissioner of corrections, at his discretion, may pay the reward to any person from funds appropriated or otherwise available to the Department of Corrections."
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(36) Code Section 42-2-1:
"42-2-1. As used in this chapter, the term:
(1) 'Board' means the Board of Corrections.
(2) 'Commissioner' means the commissioner of corrections.
(3) 'Department' means the Department of Corrections."
(37) Code Section 42-2-4:
"42-2-4. There is created the Department of Corrections."
(38) Code Section 42-2-6, subsection (a):
"(a) There is created the position of commissioner of corrections. The commissioner shall be the chief administrative officer of the department. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this title."
(39) Code Section 42-3-5, paragraph (5):
"(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. Any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to the Department of Corrections, for and on behalf of the units and institutions under its control, and to the authority to enter into contracts and lease agreements for the use of any structure, building, or facilities of the authority for a term not exceeding 50 years. The Department of Corrections, for and on behalf of any
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unit or institution or combination of units or institutions, may obligate itself to pay an agreed sum for the use of the property so leased and may also obligate itself, as part of the lease contract, to pay the cost of maintaining, repairing, and operating the property so leased from the authority;".
(40) Code Section 42-3-15:
"42-3-15. Revenue bonds issued under this chapter shall not be deemed to constitute a debt of this state or a pledge of the faith and credit of the state. The bonds shall be payable solely from the fund provided for in this chapter; and the issuance of the revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section; provided, however, that such funds as may be received from state appropriations or from any other source are declared to be available and may be used by the Department of Corrections for the performance of any lease contract entered into by the department."
(41) Code Section 42-3-18, paragraph (2) of subsection (a):
"(2) Any and all funds received by the Department of Corrections from any source and pledged and allocated by the department to the authority as security for the performance of any lease or leases; and".
(42) Code Section 42-3-19:
"42-3-19. Any holder of revenue bonds or interest coupons issued under this chapter, any receiver for such holders, or any indenture trustee, except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, by action, mandamus, or other proceedings, may protect and enforce any and all rights under the laws of this state or granted under this chapter or under the resolution or trust indenture and may enforce and compel performance of all duties required by this chapter or by resolution or trust indenture to be performed by the authority or any
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officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such bondholder, receiver, or indenture trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the Department of Corrections or other contracting or leasing department, agency, or institution of the state and in the pursuit of its remedies as subrogee, may proceed by action, mandamus, or other proceedings to collect any sums due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which the bondholder, receiver, or trustee is representative. No holder of any bond of the authority or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any bond or the interest thereon or to enforce the payment thereof against any property of the state; nor shall any bond of the authority constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state; provided, however, that any provision of this or any other chapter to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings including, without being limited to, mandamus to enforce compliance by the appropriate public officials with Article VII, Section IV of the Constitution of this state; and permission is given for the institution of any such proceedings to compel the payment of lease obligations."
(43) Code Section 42-3-24:
"42-3-24. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents or of the Department of Corrections or of any other state agency or department shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of the bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of the bonds, nor will
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the state itself so compete with the authority. This chapter shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this chapter, shall constitute a contract with the holders of the bonds."
(44) Code Section 42-3-27, subsections (a) and (b):
"(a) The authority is authorized to fix rentals and other charges which the Department of Corrections shall pay to the authority for the use of each project or part thereof or combination of projects, to charge and collect the same, and to lease and make contracts with political subdivisions, agencies, and with the Department of Corrections with respect to the use by any institution or unit under its control of any project or part thereof. The rentals and other charges shall be fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued so as to provide a fund sufficient with other revenues of the project or projects, if any, to pay:
(1) The cost of maintaining, repairing, and operating the project or projects, including reserves for extraordinary repairs and insurance and other reserves required by the resolution or trust indentures, unless the cost is otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project or projects for water, light, sewer, and other services furnished by other facilities as such institution; and
(2) The principal of the revenue bonds and the interest thereon as the same becomes due."
"(b) The rentals contracted to be paid to the authority by the Department of Corrections or other contracting or leasing department, agency, or institution of the state under leases entered upon pursuant to this chapter shall constitute obligations of the state for the payment of which the good faith of the state is pledged. The rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of this state. It shall be the duty of the Department of Corrections or
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other contracting or leasing department, agency, or institution of the state to see to the punctual payment of all such rentals."
(45) Code Section 42-3-29: >
"42-3-29. The accounts of the authority shall be kept as separate and distinct accounts by the Department of Corrections and shall be subject to audit by the Department of Audits and Accounts."
(46) Code Section 42-5-1:
"42-5-1. As used in this chapter, the term:
(1) 'Board' means the Board of Corrections.
(2) 'Commissioner' means the commissioner of corrections.
(3) 'Department' means the Department of Corrections."
(47) Code Section 42-5-36, subsection (c):
"(c) All institutional inmate files and central office inmate files of the department 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."
(48) Code Section 42-5-51, subsection (d):
"(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.
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Neither male nor 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 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 rehabilitation 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 rehabilitation of such inmates."
(49) Code Section 42-5-53, paragraph (3) of subsection (e):
"(3) That each county affected by the withdrawal shall have the option of selling or leasing its county correctional institution to the department, provided the State Institutions and Property Committee of the House and the Corrections Committee of the Senate shall certify to the department that the facility is suitable for inmate housing and, provided, further, that the sale price of the facility or the lease rental payments for the facility shall be determined by a board of three appraisers selected as follows:
(A) One to be selected by the department;
(B) One to be selected by the governing authority of the county; and
(C) The third to be selected by the other two apprais-
(50) Code Section 42-6-1, paragraphs (1) and (2):
"(1) 'Commissioner' means the commissioner of corrections.
(2) 'Department' means the Department of Corrections."
(51) Code Section 42-6-23:
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"42-6-23. The commissioner of corrections shall appoint a person to serve as central administrator of and information agent for the Agreement on Detainers pursuant to Article VII of the agreement."
(52) Code Section 42-7-2, paragraphs (1), (2), (5), and (6):
"(1) 'Board' means the Board of Corrections."
"(2) 'Commissioner' means the commissioner of corrections."
"(5) 'Department' means the Department of Corrections."
"(6) 'Division' means the Youthful Offender Division of the Department of Corrections."
(53) Code Section 42-7-3:
"42-7-3. There is created within the Department of Corrections a division to be known as the Youthful Offender Division. The division shall consist of the commissioner of corrections and such other members as are deemed appropriate by the commissioner."
(54) Code Section 42-8-2:
"42-8-2. The Advisory Council for Probation shall meet, consult, and advise with the Board of Corrections and the Department of Corrections on questions and matters of mutual concern and interest relative to policy, personnel, and budget which pertain to probationary activities, powers, duties, and responsibilities of the board and the department. The advisory council shall institute such studies and surveys and shall make such recommendations to the board and department as the council deems wise and necessary and which, in the opinion of the council, will improve the effectiveness and efficiency of probation services rendered throughout the state. No change in existing policy of the board or the department relative to probation, if the magnitude of the change will result in a significant impact upon state-wide probationary services, or any such new policy,
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shall be instituted by the board or department without opportunity being afforded to the advisory council to advise and consult with the board or department on the proposed changes. However, the recommendations of the advisory council shall be advisory only and shall not bind the board or department. The board, the department, and the council shall meet periodically throughout each year for the purpose of improving the administration, efficiency, and effectiveness of probation services."
(55) Code Section 42-8-21:
"42-8-21. As used in this article, the term:
(1) 'Board' means the Board of Corrections.
(2) 'Commissioner' means the commissioner of corrections.
(3) 'Department' means the Department of Corrections."
(56) Code Section 42-8-22:
"42-8-22. There is created a state-wide probation system to be administered by the Department of Corrections. The probation system shall not be administered as part of the duties and activities of the State Board of Pardons and Paroles. Separate files and records shall be kept with relation to the system."
(57) Code Section 42-8-62:
"42-8-62. Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. Should a person be placed under probation or in confinement under this article, a record of the same shall be forwarded to the Georgia Crime
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Information Center. Without request of the defendant a record of discharge and exoneration, as provided in this Code section, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation or confinement shall have been previously forwarded to the Department of Corrections, to the Georgia Crime Information Center, and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of the defendant has not been forwarded as provided in this Code section, upon request of the defendant or his attorney or representative the record of the same shall be forwarded by the clerk of court so as to reflect the discharge and exoneration."
(58) Code Section 42-8-65, subsection (a):
"(a) If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, a prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. Except as provided in subsection (b) of this Code section, the record of discharge shall be released solely to the Attorney General, a district attorney, a solicitor of a state court, the Department of Corrections, the office of a county probation system or of a state or county probation system of another state or of the United States, an office of the State Board of Pardons and Paroles, an office of the pardons and paroles division of another state or of the United States, or a prosecuting attorney of another state or of the United States, upon certification by such probation system or prosecuting attorney that there are pending in a court of competent jurisdiction criminal charges against any person discharged under this article."
(59) Code Section 42-8-80:
"42-8-80. The Department of Corrections shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with misdemeanors 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
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of the superior court judges, the district attorney, the solicitor where applicable, and the sheriff of such county. The Board of Corrections shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources."
(60) Code Section 42-8-81:
"42-8-81. The court in which a person is charged with a misdemeanor 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 Corrections 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."
(61) Code Section 42-8-82:
"42-8-82. The Department of Corrections may contract 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."
(62) Code Section 42-8-83:
"42-8-83. The authority to establish and operate pretrial release and diversion programs granted to the Department of Corrections 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
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attorneys of the several judicial circuits of this state for the purpose of establishing and operating pretrial intervention programs in such judicial circuits."
(63) Code Section 42-9-2, subsections (b) and (c):
"(b) The board is assigned to the Department of Corrections for administrative purposes only, as prescribed in Code Section 50-4-3."
"(c) The members of the board shall serve ex officio in an advisory capacity to the Board of Corrections."
(64) Code Section 42-9-45, subsection (a):
"(a) The board may adopt and promulgate rules and regulations, not inconsistent with this chapter, touching all matters dealt with in this chapter, including, among others, the practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures. The rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration for parole of inmates under the jurisdiction of the Department of Corrections shall take place and also the times at which periodic reconsideration thereafter shall take place. Such consideration shall be automatic, and no written or formal application shall be required."
(65) Code Section 42-9-60:
"42-9-60. (a) As used in this Code section, the term:
(1) 'Capacity' shall mean the actual bed space in the prison system of the State of Georgia now or in the future, as certified by the commissioner of corrections and approved by the director of the Office of Planning and Budget.
(2) 'Dangerous offender' means a state prison inmate who is imprisoned for conviction of any one or more of the following crimes as defined by Title 16, the Criminal Code of Georgia: murder, voluntary manslaughter, kidnapping, armed robbery, rape, aircraft hijacking, ag-
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gravated sodomy, aggravated battery, aggravated assault, incest, child molestation, child abuse, or enticing a child for indecent purposes, or any felony punishable under Code Section 16-13-31, relating to prohibited acts regarding marijuana, cocaine, and illegal drugs. The term 'dangerous offender' shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment.
(3) 'Population' shall mean the actual number of inmates present in the correctional institutions of the state prison system and shall not include state inmates assigned to county operated correctional institutions.
(b) The Governor, upon certification by the commissioner of corrections and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity for 30 consecutive days, may, within five days of receipt of the commissioner's certification, declare a state of emergency with regard to jail and prison overcrowding.
(c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the board shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the board. The selection of state prison inmates to be released under the authority contained in this Code section may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code section 42-9-45.
(d) It shall be the duty of the director of the Office of Planning and Budget to prepare an annual report on prison inmates who are paroled pursuant to this Code section. Such report shall summarize each such former inmate's behavior since parole and generally evaluate the former inmate's success or lack of success in becoming a law-abiding member of society. The annual report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate on or before December 31, with the first such report
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submitted by December 31 of the first year that prison inmates are paroled pursuant to this Code section. A notice of the filing of this report shall be submitted to each member of the General Assembly when the annual report is filed with the Clerk of the House of Representatives and the Secretary of the Senate. Copies of this report shall be made available to members of the General Assembly upon their request. The board, the Department of Corrections, and other departments and agencies of the state government shall cooperate with and assist the director of the Office of Planning and Budget in developing the information necessary to prepare the annual reports required by this subsection."
(66) Code Section 42-10-3:
"42-10-3. For the purposes of this chapter, the Board of Corrections shall constitute, ex officio, the Georgia Correctional Industries Administration. The board, constituted as the Georgia Correctional Industries Administration, shall have the power to perfect its own organization and to adopt such rules and bylaws as may be necessary for it to carry out its duties under this chapter. The commissioner of corrections shall serve as the executive officer of the administration."
(67) Code Section 42-10-4, paragraphs (4), (5), and (12):
"(4) To have the same powers and authority possessed by the Department of Corrections in connection with the manufacture and sale of products;".
"(5) To utilize any and all inmates who may be made available for its corporate purposes by the Department of Corrections. The administration shall not be required to make any payment to the Department of Corrections for the use of such labor and shall not compensate inmates employed in any industry or performing services at any correctional institution;".
"(12) To contract with any department, agency, or instrumentality of the state and any political subdivision thereof for the furnishing of any service which the Department of Corrections may provide."
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(68) Code Section 42-10-5:
"42-10-5. The Department of Corrections shall have responsibility for the custodial care of all inmates utilized by the administration; and nothing in this chapter shall be construed to the contrary."
(69) Code Section 42-11-3:
"42-11-3. The Department of Corrections is authorized to enter into contracts pursuant to the Interstate Corrections Compact and is directed to do all things necessary or incidental to the carrying out of this compact in every particular."
(70) Code Section 44-12-199, subsections (b) and (c):
"(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 Corrections, 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 Department of Corrections who escapes, is discharged or paroled, or who dies while in the custody of the Department of Corrections shall be deemed to have abandoned all tangible personal property in the custody of the Department of Corrections 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 owner's heirs. Such property shall be disposed of by public sale in such manner as the commissioner of the Department of Corrections shall direct with the proceeds of such sale being deposited in the state treasury. Moreover, the commissioner of the Department of Corrections shall have sole authority over said property, and the disposition of said property shall be exempt from all requirements of this article."
(71) Code Section 45-7-4, paragraph (8) of subsection (a):
"(8) Commissioner of corrections
49,900.00".
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(72) Code Section 45-7-21, paragraph (4):
"(4) Board of Corrections;".
(73) Code Section 45-9-41:
"45-9-41. The policy of insurance provided for in Code Section 45-9-40 may also provide to persons authorized by the Department of Corrections to operate state owned vehicles protection from liability for damages arising out of the operation of such vehicles during the course of such persons' authorized use of such vehicles."
(74) Code Section 45-9-83:
"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 corrections, 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 Fireman's Association. The Governor shall be the chairman of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes."
(75) Code Section 47-2-110, subparagraph (A) of paragraph (1) of subsection (b):
"(A) Those employed as prison guards by the Department of Corrections;".
(76) Code Section 47-2-220:
"47-2-220. (a) On and after March 7,1961, the eligible employees of the Department of Corrections are authorized to become members of Division A within the retirement system.
(b) The Department of Corrections or such official therein who is responsible for the payment of compensation to the employees within that department shall cause to be
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deducted from the compensation of each member for each and every payroll period the employee contributions as may be required under this chapter and shall pay to the board of trustees, in such manner as the board of trustees may prescribe, the amounts so deducted. The commissioner of corrections is authorized and directed to pay such employer contributions as may be required under this chapter. Such employer contributions shall be paid to the board of trustees, as prescribed by it, from funds appropriated for the operation of the Department of Corrections.
(c) In addition to the regular employer contributions required under this chapter, the commissioner of corrections is authorized and directed to pay, from funds received by the Department of Corrections as compensation for the various services rendered by it, an additional contribution as determined by the board of trustees. The additional contribution shall be a regular quarterly amount sufficient to amortize within 15 years the total amount of the employer contributions which would have been paid for all of that department's employees from August 1,1953, to July 1,1961, and shall include interest on these employer contributions at a rate prescribed by the board of trustees. These quarterly payments shall begin on July 1, 1961. In the event the earnings of the department are not sufficient to pay such contributions, the contributions shall be paid from funds available to the department from appropriations, or otherwise. If the contributions are not made as provided in this Code section, this Code section shall be null and void.
(d) Any individual who is an employee of the Department of Corrections on March 7,1961, may become a member of Division A of the retirement system; but he shall not be considered as eligible for any service credits whatsoever other than membership service for which he contributes.
(e) Any individual who on August 1, 1953, was an employee of the Department of Corrections and without a break in service with that department so remained in the employment of that department on March 7, 1961, and who has not previously declined membership in the retirement system shall, upon becoming a member of the retirement system and upon immediate payment by the member of the total
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amount of accumulated contributions which would have accrued had he been a contributing member since August 1, 1953, be entitled to all creditable service in the same manner as other individuals in that department who became members of Division A of the retirement system.
(f) Any eligible employee of the Department of Corrections who became a member of the retirement system under subsection (d) of this Code section and who did not immediately pay the full amount of those accumulated contributions may pay the amount of his accumulated contributions over a ten-year period by means of monthly payments. No individual shall be credited with the full amount of his prior service or membership service credits until such time as he has made the total contributions required of him. The board of trustees may promulgate rules and regulations to implement this Code section, including a prescription of the actuarial value which shall be credited to the member's account for each monthly payment made as herein provided if he should retire, die, or become disabled before having paid the full amount of the accumulated contributions required of him under subsection (e) of this Code section. The board of trustees may establish a date for the commencement for such payments, which date shall be no earlier than July 1, 1962.
(g) Anything in this chapter to the contrary notwithstanding, employees of the Department of Corrections who become members of the retirement system shall be eligible for survivors benefits in accordance with the rules and regulations relative to the same which were in existence on July 1, 1953, provided that any determination relative to the member's eligibility for such benefits shall also be based upon the age of the member on the date he elects membership, notwithstanding the fact that he may have been an employee of the department on January 1, 1953."
(77) Code Section 47-2-296:
"47-2-296. (a) As used in this Code section, the term 'local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county probation system which be-
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comes a part of the state-wide probation system, and the term includes any such retirement or pension created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(b) Any person becoming an employee of the state at any time on or after July 1, 1984, as a result of being employed by a county probation system which became a part of the state-wide probation system administered by the Department of Corrections shall have the options and rights provided for by this Code section, subject to the limitations of subsection (f) of this Code section. The options available to any such employee under this Code section must be exercised within six months after the date the applicable county probation system became a part of the state-wide probation system. The option provided by subsection (e) of this Code section must be exercised on or before the date the county probation system becomes a part of the state-wide probation system. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the commissioner of corrections, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified.
(c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation system became a part of the state-wide probation system, such employee, subject to the limitations of subsection (f) of this Code section, may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. Such employees who are subject to the provisions of subsection (e) of this Code
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section shall have the additional option to retire under the local retirement system, if qualified therefor, as provided in said subsection (e). An employee electing to continue membership in a local retirement system shall have the right to continue such membership and the salary received by such employee as an employee of the Department of Corrections or other state department shall be the salary of such employee for all purposes under the local retirement system. If applicable to any such employee, any county supplement to the state salary of such employee shall be included as salary for the purposes of a local retirement system in which such employee continues membership. Such employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the Department of Corrections or other state department if the employee subsequently becomes employed by another department of the state government may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retirement system shall be computed at the same percentage rate applicable to all other state employees and shall be paid by the Department of Corrections or by another state department when applicable to the local retirement system. An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia.
(d) An employee who was a member of a local retirement system as provided in subsection (c) of this Code section may elect to become a member of the Employees' Retirement System of Georgia, except as otherwise provided by subsection (f) of this Code section. Any such employee so electing may obtain creditable service under the Employees' Retirement System of Georgia for all accredited service previously rendered as an employee of the applicable local retirement
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system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in subsection (b) of this Code section, shall pay to the Board of Trustees of the Employees' Retirement System of Georgia a portion of the total employee contributions plus interest made by the employee to the local retirement system. This payment shall be equal to the employee contribution plus interest which would have been accumulated had the employee always been covered by the Employees' Retirement System of Georgia. Any additional amount, as determined by the Board of Trustees of the Employees' Retirement System of Georgia, shall be paid by the local retirement system to a maximum of prior county contributions plus interest. Any further additional sum required will be paid by the local governing authority. These two sums together with the contributions of transferring employees plus interest shall be sufficient to grant the creditable service under the Employees' Retirement System of Georgia authorized by this subsection without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia. The employee contributions paid to the board of trustees under this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of trustees shall enter the creditable service provided for by this subsection upon the records of the member. The employee contributions in an amount exceeding those necessary to cover the period of creditable service as a state employee under the Employees' Retirement System of Georgia shall be refunded to the employee upon application to the board of trustees of the local retirement system.
(e) This subsection shall not apply to the employees of a county probation system of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. The employees of other county probation systems subject to the provisions of this Code section who were members
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of a local retirement system shall have the additional option of retiring under the local retirement system if such employees have sufficient creditable service under the local retirement system to qualify for retirement benefits. Such option may be exercised by any such employee making application for retirement to the board of trustees or other managing body of the local retirement system. Any such employee electing to retire under a local retirement system shall not be eligible to transfer any creditable service under the local retirement system to the Employees' Retirement System of Georgia and, if the employee accepts employment as an employee of the Department of Corrections, shall become a member of the Employees' Retirement System of Georgia at the time the county probation system becomes a part of the state-wide probation system.
(f) This subsection shall apply only to employees of a county probation system of a county having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. The employees of any such county probation system who were members of a local retirement system and who have ten or more years of creditable service under the local retirement system at the time the county probation system becomes a part of the state-wide probation system shall not have the option to become members of the Employees' Retirement System of Georgia, and such employees shall continue active membership in the local retirement system. The provisions of subsection (c) of this Code section shall apply to such employees, except for the provisions of such subsection relative to the option to become members of the Employees' Retirement System of Georgia.
(g) If an employee subject to this Code section was not a member of a local retirement system at the time the applicable county probation system became a part of the statewide probation system, such employee shall become a member of the Employees' Retirement System of Georgia effective on the date the county probation system became a part of the state-wide probation system. Any such member may purchase as creditable service under the Employees' Retirement System of Georgia all or any portion of previous actual service rendered by the member as an employee of the applica-
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ble county probation system, except in those instances in which such member has retired or is receiving benefits from a local retirement system. Such creditable service may be purchased by the member's paying to the board of trustees all employee and employer contributions, plus regular interest thereon, under the Employees' Retirement System of Georgia for the amount of creditable service claimed in an amount sufficient to grant creditable service under the Employees' Retirement System of Georgia authorized by this subsection without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia. The basis for such employee and employer contributions shall be the compensation the member received upon first becoming an employee of the Department of Corrections. The time limitation for exercising options provided for in subsection (b) of this Code section shall not apply to the purchase of creditable service under this subsection. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retirement System of Georgia and parts of such creditable service may be purchased from time to time during such five-year period. The board of trustees may establish payment schedules for eligible members to purchase creditable service under this subsection.
(h) The provisions of this subsection shall apply only to counties having a population of550,000 or more according to the United States decennial census of 1980 or any future such census which had a county probation system whose employees are subject to the provisions of this Code section.
The governing authority of a county subject to this subsection is authorized to supplement the state salaries paid to employees of the Department of Corrections who were employees of the county's probation system prior to its becoming a part of the state-wide probation system. Such salary supplement, if any, shall be included in the salary of any such employee for all purposes under any local retirement system in which the employee remains a member pursuant to the authority or requirements of this Code section. Such salary supplement, if any, shall not be considered state salary for the purposes of any payments made from state
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funds to a local retirement system to reimburse such local retirement system for employer contributions that would be made under the Employees' Retirement System of Georgia if such employees had become members of the Employees' Retirement System of Georgia pursuant to the provisions of this Code section.
(i) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control."
(78) Code Section 49-5-7, subparagraphs (A) and (D) of paragraph (5) of subsection (a):
"(A) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the Department of Corrections as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the Department of Corrections."
"(D) In the event adequate facilities are not available, the Department of Human Resources shall have the right to transfer youths committed to the Department of Human Resources under this Code section to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections."
(79) Code Section 49-5-11:
"49-5-11. Whenever any child shall escape from any youth detention center, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a youth detention center or under the Department of Corrections."
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(80) Code Section 50-5-31, subparagraph (H) of paragraph (1):
"(H) Space in buildings located on and used in direct support of any penal institution under the jurisdiction of the Department of Corrections;".
(81) Code Section 50-5-73:
"50-5-73. All services provided or goods, wares, or merchandise produced wholly or in part by the Georgia Correctional Industries Administration and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries Administration where such services, goods, wares, or merchandise have been certified in writing by the commissioner of corrections with the advice and consent of the Department of Administrative Services as available and of competitive quality and price. Where not certified as available from the Georgia Correctional Industries Administration, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services."
(82) Code Section 50-13-2, paragraph (1):
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital,
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or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state."
Section 2. For administrative convenience, equipment and supplies bearing the name Board of Offender Rehabilitation, Department of Offender Rehabilitation, or commissioner of offender rehabilitation may be used by the Board of Corrections, Department of Corrections, or commissioner of corrections as if such equipment or supplies bore the name Board of Corrections, Department of Corrections, or commissioner of corrections.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 18, 1985.
CONVEYANCE TO GRUMMAN AEROSPACE CORPORATION.
No. 2 (Senate Resolution 4).
A RESOLUTION
Authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia; and
WHEREAS, said real property is known as and is more particularly described as follows: "All that certain tract or parcel of land situate, lying and being in the 319th District, G.M., Baldwin County, Georgia, containing 60.97 acres, and being more fully described as being PARCEL 'B' on that plat of survey by Walker McKnight Surveyers, Inc., in January, 1980, entitled
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'Survey of Property for Paumanock Development Corporation' " (a legal description shall be prepared by Grumman Aerospace Corporation and presented to the State Properties Commission to be utilized in the instrument conveying said property); and
WHEREAS, the above-described real property is no longer needed by the State of Georgia and is, therefore, surplus; and
WHEREAS, Grumman Aerospace Corporation is desirous of obtaining said tract of land for the purpose of expanding its existing manufacturing and operating facilities.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the 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 appropriate instrument to Grumman Aerospace Corporation.
Section 4. That the consideration for said conveyance shall be the fair market value of such property.
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 50-16122 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 con-
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veyed, 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 18, 1985.
I. M. PEEPLES MEMORIAL BRIDGE DESIGNATED.
No. 3 (Senate Resolution No. 33).
A RESOLUTION
Designating the I. M. Peeples Memorial Bridge; and for other purposes.
WHEREAS, the late I. M. Peeples was a distinguished citizen of Murray County and the State of Georgia; and
WHEREAS, he was a farmer and a civic leader; and
WHEREAS, he greatly benefited his community as the sole commissioner of Murray County; and
WHEREAS, in recognition of his many contributions to the business, civic, and political life of his community, it is fitting and proper to designate a bridge in his memory.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate that bridge on U. S. Highway 411 over Holly Creek and approximately two miles south of the City of Chatsworth in Murray County as the I. M. Peeples Memorial Bridge.
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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating said bridge as provided in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Transportation.
Approved March 18, 1985.
CONVEYANCE TO THE EMANUEL COUNTY BOARD OF COMMISSIONERS.
No. 4 (Senate Resolution No. 106).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners; 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 Swainsboro, Emanuel County, Georgia; and
WHEREAS, said real property is described as: All that tract of land situate, lying and being in the City of Swainsboro and in the 53rd G.M.D. of Emanuel County, Georgia, containing 1.74 acres, as the same is more particularly described as all that property shown on a certain June 27, 1980 plat of survey prepared for the Georgia Forestry Commission by Walter K. Maupin, Georgia Registered Land Surveyor No. 1036, a copy of which is recorded in Plat Book 12, Page 91 in the Office of the Clerk of the Superior Court of Emanuel County, Georgia; and
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WHEREAS, the custody and management of the above-described property and improvements thereon are in the State Forestry Commission for use as a regional forestry unit; and
WHEREAS, the Board of Commissioners of Emanuel County is desirous of obtaining all of the above-described state owned real property and is agreeable as consideration for this conveyance of state property to construct a suitable office site on approximately two and one-half (2 1/2) acres located about one mile southeast of this location which has been agreed to by the State Forestry Commission.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described 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 Board of Commissioners of Emanuel County constructing a building that would be suitable for use by the State Forestry Commission as a regional office and conveying the county's interest in this new regional office to the State of Georgia by appropriate instrument as consideration therefor.
Section 3. That the above-described real property shall be conveyed by appropriate instrument to the Board of Commissioners of Emanuel County by the State of Georgia, acting by and through the State Properties Commission, after the condition in the hereinabove Section 2 is met and upon such other 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 50-16122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this resolution, currently on file with the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.
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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 18, 1985.
COMPENSATION TO EDDIE HAMMONDS, JR.
No. 5 (House Resolution No. 22).
A RESOLUTION
Compensating Eddie Hammonds, Jr.; and for other purposes.
WHEREAS, on December 29, 1983, Eddie Hammonds, Jr., an inmate at Georgia State Prison, Reidsville, Georgia, was removed from his cell and his cell was allowed to remain unlocked in violation of prison rules; and
WHEREAS, personal property of Mr. Hammonds in the amount of $624.00 was lost or stolen from his cell due to the failure of the correctional officers to lock the cell or properly inventory his property; and
WHEREAS, the loss of property occurred through no fault or negligence on the part of Mr. Hammonds, and it is only fitting and proper that he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is authorized and directed to pay the sum of $300.00 to Eddie Hammonds, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete
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satisfaction of all claims against the state arising out of said occurrence.
Approved March 18, 1985.
JOINT STUDY COMMITTEE ON SUPERIOR COURT JUDGESHIPS.
No. 6 (House Resolution No. 106).
A RESOLUTION
Creating the Joint Study Committee on Superior Court Judgeships; and for other purposes.
WHEREAS, in recent years there has been steady and continuous growth in the number of superior court judgeships created by the General Assembly; and
WHEREAS, continuing requests for the creation of new judgeships indicate a continuation of this trend; and
WHEREAS, each new creation of a superior court judgeship imposes a considerable burden on the state's finances; and
WHEREAS, it is possible that reapportionment of judicial circuits or some other method of reassignment of superior court judges' caseloads could minimize the need for creation of new judgeships without impairing judicial efficiency or adversely increasing judicial workloads.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Superior Court Judgeships to be composed of five members of the House of Representatives to be appointed by the Speaker of the House and five members of the Senate to be appointed by the Lieutenant Governor. A co-chairman
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of the committee shall be appointed by the Speaker of the House and a co-chairman of the committee shall be appointed by the Lieutenant Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the issue of whether reapportionment ofjudicial circuits or some other method of reassignment of superior court judges' caseloads could minimize the need for creation of new superior court judgeships without impairing judicial efficiency or adversely increasing judicial workloads. 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 five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1985, at which time the committee shall stand abolished.
Approved March 18, 1985.
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HORACE "GUS" LAYSON MEMORIAL BRIDGE DESIGNATED.
No. 7 (Senate Resolution No. 6).
A RESOLUTION
Authorizing and directing the Department of Transportation to designate the U. S. Highway 129 bridge crossing the Little River, south of Eatonton, Georgia, as the Horace "Gus" Layson Memorial Bridge; and for other purposes.
WHEREAS, Mr. Horace "Gus" Layson was one of the outstanding citizens of Eatonton, Georgia; and
WHEREAS, he was the son of Christopher Columbus Layson and Hattie Hawkins Layson; and
WHEREAS, Mr. Layson was born in Putnam County and lived in Eatonton, Georgia, during his entire life; and
WHEREAS, he was a successful merchant and active in the civic, social, and religious affairs of the community; and
WHEREAS, his dedication to his community and his selfless giving of time and energy in helping others were freely shared with all the people of Putnam County; and
WHEREAS, Mr. Layson, through his exemplary leadership and personal commitment, helped lead the City of Eatonton through a challenging period of growth and development to a secure place among the outstanding municipalities of this state; and
WHEREAS, it is only fitting and proper for the state to memorialize this beloved community member by dedicating a bridge in his county to his honored memory.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate the U. S. Highway 129 bridge crossing the Little River, south of Eatonton, Georgia, as the Horace "Gus" Layson Memorial Bridge.
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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at said bridge designating it as the Horace "Gus" Layson Memorial Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mr. Van Layson, Putnam County School Superintendent, and a copy to the commissioner of transportation.
Approved March 20, 1985.
CONVEYANCE TO GENERAL TELEPHONE COMPANY OF THE SOUTHEAST.
No. 8 (Senate Resolution No. 9).
A RESOLUTION
Authorizing the conveyance of certain state-owned real property located in Baldwin County, Georgia, to General Telephone Company of the Southeast (GTE); 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 Baldwin County, Georgia, and part of the property of Central State Hospital, which is under the custody and management of the Department of Human Resources; and
WHEREAS, said real property is described as follows:
All that tract or parcel of land lying, situate and being in Land Lot 265, 5TH. Land District, 1714TH. G. M. District of Baldwin County, Georgia and being part of the property of the State of Georgia (Central State Hospital). Said tract
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or parcel of land being shown on a plat by Ogletree, Smith & Associates, Milledgeville, Georgia for General Telephone Company of the Southeast dated September 20, 1984 and being more particularly described as follows:
Beginning at a point where the extension of the centerline of Carl Vinson Road intersects the Northeasterly rightof-way line of Georgia State Route 112, thence running N34-04'-00'W along the said Northeasterly right-of-way line of Georgia State Route 112 a distance of 26.34' to a point and the point of beginning, said point being marked by a concrete monument and being the property corner between the State of Georgia and Carl William Snead; thence running N34-04'-00*W along the Northeasterly right-of-way line of Georgia State Route 112 a distance of 171.49' to a point; thence running N60-18'-21',E along the easement line of the Southern Natural Gas Company a distance of 100.13' to a point, said line being 50' Southeast and parallel to the centerline of the Southern Natural Gas Company gas line; thence running S34-04'-00''E a distance of 169.53' to a point; thence running S59-11'-11'W a distance of 100.0' to a point and the point of beginning. Said tract or parcel of land contains 0.391 acres, more or less and is bounded as follows: on the Northwest by the State of Georgia and the Southern Natural Gas Company 100' easement; on the Northeast by the State of Georgia; on the Southeast by Carl William Snead; and on the Southwest by Georgia State Route 112;
and
WHEREAS, the State of Georgia Board of Human Resources has declared the property surplus and has no objection for the use of this property by GTE; and
WHEREAS, General Telephone Company of the Southeast is desirous of obtaining all of the above-described 0.391 of one acre for the purpose of constructing a small Remote Line Unit building approximately 14' x 18'; and
WHEREAS, the above-mentioned improvement by General Telephone Company of the Southeast (GTE) would improve the telephone service to the citizens of Milledgeville and surrounding communities.
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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described 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 property being utilized for communication purposes by the General Telephone Company of the Southeast and, if this property is not used for this purpose, the property shall revert to the State of Georgia.
Section 3. That the above-described real property shall be sold and conveyed by appropriate instrument to the General Telephone Company of the Southeast by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $3,000.00 and upon such other 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 50-16122 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 constitute an acceptable plat for filing with the Secretary of State.
Section 5. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.
Approved March 20, 1985.
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EXCHANGE OF PROPERTY WITH THE UNITED STATES OF AMERICA.
No. 9 (Senate Resolution No. 27).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Camden County, Georgia, to the United States of America and the acceptance of certain real property owned by the United States of America located in Camden County, Georgia, in consideration therefor; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property lying within the boundaries of the Crooked River State Park, Camden County, Georgia; and
WHEREAS, custody of the subject state owned real property is vested in the Department of Natural Resources; and
WHEREAS, the said state owned real property is described as follows:
ALL THAT TRACT OF LAND situate, lying and being in G.M.D. 29 of Camden County, Georgia, containing 24.53 acres, as same is shown on a certain August 22, 1983, plat of survey entitled "Boundary Realignment Survey, Crooked River State Park/Kings Bay Naval Submarine Base" prepared by Ray, Courson & Assoc., Inc., professional land surveyors, 38 East 17th Street, Jacksonville, Florida, more particularly Robert A. Campbell, Georgia Registered Land Surveyor No. 1997, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows:
TO FIND THE POINT OF BEGINNING, commence at a point on the east right-of-way line of Georgia Spur 40, a 100-foot wide right-of-way, said point being located 800 feet, more or less, southwesterly from the main entrance to Crooked River State Park, as measured along the east right-of-way line of the said Georgia Spur 40,
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and being located by Georgia East Zone State Plane coordinates North 305220.23 East 689527.31; running thence S 26 10' 35* E along the southerly boundary of Crooked River State Park a distance of 852.0 feet to a point; running thence N 80 47' 25* E along the southerly boundary of Crooked River State Park a distance of 1,782.60 feet to a point; running thence S 67 16' 35* E along the southerly boundary of Crooked River State Park a distance of 608.39 feet to a point marked by a concrete monument set, located by Georgia East Zone State Plane coordinates North 304505.901 East 692223.946 and marking the POINT OF BEGINNING; thence running N 81 54' 50* E a distance of 2,453.95 feet to a point on the marsh line marked by an aluminum monument found, said aluminum monument identified as "Georgia DNR COR. 8-1980" and located by Georgia East Zone State Plane coordinates North 304851.076 East 694653.497; thence running S 41 29' 25* W along the southerly boundary of Crooked River State Park a distance of 871.50 feet to a point marked by a concrete monument found; running thence S 25 29' 25* W along the southeasterly boundary of Crooked River State Park a distance of250.50 feet to a point marked by a concrete monument found; thence running S 66 27' 25* W along the southerly boundary of Crooked River State Park a distance of251.20 feet to a point marked by a concrete monument set; thence running N 67 16' 35* W along the southwesterly boundary of Crooked River State Park a distance of 1,641.51 feet to the POINT OF BEGINNING;
and
WHEREAS, the United States of America has represented that it is the owner of certain real property located within the boundaries of Kings Bay Submarine Base in Camden County, Georgia, adjoining the aforedescribed state owned property; and
WHEREAS, the subject government owned property is administered by the Department of the Navy; and
WHEREAS, said government owned property is more particularly described as follows:
ALL THAT TRACT OF LAND situate, lying and being in G.M.D. 29 of Camden County, Georgia, containing 24.53
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acres, as same is shown on a certain August 22, 1983, plat of survey entitled "Boundary Realignment Survey, Kings Bay Naval Submarine Base/Crooked River State Park" prepared by Ray, Courson & Assoc., Inc., professional land surveyors, 38 East 17th Street, Jacksonville, Florida, more particularly Robert A. Campbell, Georgia Registered Land Surveyor No. 1997, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows:
and
BEGINNING at a point on the east right-of-way line of Georgia Spur 40, a 100-feet wide right-of-way, said point being 800 feet, more or less, southwesterly from the main entrance to Crooked River State Park, as measured along the east right-of-way line of the said Georgia Spur 40, said point being located by Georgia East Zone State Plane coordinates North 305220.23 East 689527.31; thence running S 26 10' 35' E along the common boundary between the property of the United States and the State of Georgia a distance of 852.0 feet to a point marked by a concrete monument found; thence running N 80 47' 25' E along the aforesaid common boundary a distance of 1,782.60 feet to a point marked by a concrete monument found; thence running S 67 16' 35' E along said common boundary a distance of 608.39 feet to a point marked by a concrete monument set; thence running S 81 54' 50' W a distance of 3,089.14 feet to a point on the east rightof-way line of Georgia Spur 40, said point being marked by a concrete monument set; thence running N 17 28' 48' E along the east right-of-way line of Georgia Spur 40 a distance of 1,204.47 feet to the POINT OF BEGINNING;
WHEREAS, the common boundary between the Crooked River State Park and the U.S. Naval Submarine Base, Kings Bay property is an irregular line which poses security problems for the Navy; and
WHEREAS, the Navy is desirous of exchanging like values in real property with the State of Georgia in order to realign its northerly boundary for the purpose of enhancing the security of its submarine base; and
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WHEREAS, enhancement of the security of the U.S. Naval Submarine Base, Kings Bay, is in the public interest; and
WHEREAS, exchange of the aforesaid tracts or parcels of land, which have been appraised by an M. A.I. appraiser as being equal in value, would accomplish the desired result.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed government owned real property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to the United States of America the hereinabove described state owned real property and to accept in consideration therefor from the United States of America a conveyance of the hereinabove described government owned real property.
Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal descriptions, appraisals, deeds, and such other documents as may be required by the State Properties Commission.
Section 4. That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to effect such exchange.
Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 6. That for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16122 of the O.C.G.A. 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 survey prepared
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by Ray, Courson & Assoc., Inc., signed by Robert A. Campbell, Georgia Registered Land Surveyor No. 1997, dated August 22, 1983, shall constitute an acceptable plat for filing with the Secretary of State.
Section 7. That for purposes of compliance with the provisions of paragraph (2) of subsection (b) of Code Section 50-16122 of the O.C.G. A. requiring that an acquisition of real property by the state be filed with the Secretary of State and accompanied by a plat of the property acquired, the plat of survey prepared by Ray, Courson & Assoc., Inc., signed by Robert A. Campbell, Georgia Registered Land Surveyor No. 1997, dated August 22, 1983, 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 20, 1985.
CONVEYANCE TO THE CITY OF KINGSTON.
No. 10 (Senate Resolution No. 41).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Kingston, 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 Bartow County, Georgia, which property
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was formerly a part of the Western and Atlantic Railroad now owned by the State of Georgia and which property is currently under the jurisdiction of the State Properties Commission; and
WHEREAS, the property is currently being leased to the City of Kingston for use as a city park until December 31,1994, as authorized by Res. Act 145, H.R. No. 621-1612, Ga. L. 1980, p. 1495; and
WHEREAS, the City of Kingston is interested in obtaining this property for governmental purposes; and
WHEREAS, said property is described as follows: A portion of the Western and Atlantic Freight Depot lying and being in Land Lot 231 of the 5th District, 3rd Section, Bartow County, Georgia, and described as a portion of parcel number 4 of the Western and Atlantic Railroad Valuation Map No. V2/27 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 Kingston).
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 prior cancellation or termination of the lease agreement between the State of Georgia and the City of Kingston, relating to the above-described real property, which was authorized pursuant to Res. Act 145, H.R. No. 621-1612, Ga. L. 1980, p. 1495.
Section 3. That the conveyance of the above-described real property shall be conditioned upon the property being utilized for governmental purposes by the City of Kingston and, if this property is not used for this purpose, the property shall revert to the State of Georgia.
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Section 4. That the above-described real property shall be sold and conveyed by appropriate instrument to the City of Kingston by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16122 of the O.C.G.A. 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, a plat of the property, the conveyance of which is authorized by this resolution, shall be prepared by the City of Kingston and submitted to the State Properties Commission for its approval.
Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.
Approved March 20, 1985.
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SIDNEY LANIER -- BUST PLACED IN THE STATE CAPITOL.
No. 11 (Senate Resolution No. 44).
A RESOLUTION
Authorizing the placing of a bust of Sidney Lanier in the State Capitol Building; and for other purposes.
WHEREAS, Sidney Clopton Lanier, born in Macon on February 3, 1842, has long been a favorite native son of Georgia; and
WHEREAS, during the War between the States, he fought valiantly in the Virginia campaign with the Macon Volunteers of the Second Georgia Battalion at Drury Bluff, Malvern Hill, and Petersburg and later served as signal officer on a blockade runner; and
WHEREAS, this true Renaissance man demonstrated the wide range of his brilliant virtuosity as a lawyer, teacher, soldier, author, linguist, mathematician, self-taught symphony flautist, and university lecturer; and
WHEREAS, the most treasured legacy of Sidney Lanier is the poetry for which he has earned the title "Poet of the South," including such beloved classic verses as "The Marshes of Glynn" and "The Song of the Chattahoochee"; and
WHEREAS, it is only fitting and proper for this famous Georgian to be honored by the creation of a tangible memorial of his greatness.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a marble bust of Sidney Clopton Lanier be placed in the Georgia Hall of Fame in the rotunda of the State Capitol Building, the exact location to be selected by the Governor, the President of the Senate, and the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that a committee be appointed composed of three members of the Senate to be named
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by the President of the Senate, three members of the House of Representatives to be named by the Speaker of the House of Representatives, and three advisory members, representing historical societies, to be named by the legislative appointees. The committee may elect such officers as it deems necessary, may accept public or private funds and donations for the purpose of paying for the marble bust, and, upon completion of the objectives and purposes of this resolution, the committee shall be dissolved.
Approved March 20, 1985.
EASEMENT TO THE CITY OF SAVANNAH.
No. 12 (Senate Resolution No. 52).
A RESOLUTION
Authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Savannah an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of utilities and sewerage and drainage systems improvements to be built over, under, across, or through such state owned property; 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 Chatham County, Georgia, which is in the custody of the Department of Defense and utilized as a Georgia National Guard Armory; and
WHEREAS, this property was conveyed to the State of Georgia for the above-mentioned use from Chatham County on August 9, 1957, for a consideration of $1.00; and
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WHEREAS, the property was conveyed to the state without retaining an easement to the area described below, which facilities were in place and utilized as early as 1889; and
WHEREAS, the City of Savannah desires to repair, replace, and install certain utilities and sewerage and drainage systems in the property described below and desires an easement from the State of Georgia for such purposes; and
WHEREAS, the Georgia Department of Defense has approved this project.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the real property described herein, referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, grants to the City of Savannah a perpetual easement for the installation, operation, and maintenance of certain utilities and sewerage and drainage systems in the easement area for the purpose of operating, maintaining, repairing, and replacing certain utilities and sewerage and drainage systems, 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 Chatham County, Georgia, and is more particularly described as shown on a plat of survey dated August 8, 1984, and labeled "Plat Showing Easement to be acquired from the State of Georgia by the City of Savannah" prepared by James M. Sims, Georgia Registered Land Surveyor No. 2280.
Section 3. That the City of Savannah 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 utilities and sewerage and drainage systems.
Section 4. That a failure by the City of Savannah to utilize this area for the use specified for which this easement is granted
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or 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 City of Savannah, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
Section 5. That no title shall be conveyed to the City of Savannah and except, as herein specifically granted to the City of Savannah, 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 the City of Savannah.
Section 6. That the easement granted to the City of Savannah shall contain such other terms, conditions, and covenants 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 facilities.
Section 8. That the State Properties Commission is authorized 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 immediately 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 20, 1985.
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EXCHANGE OF PROPERTY WITH THE GLYNN COUNTY BOARD OF COMMISSIONERS.
No. 13 (Senate Resolution No. 102).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located on St. Simons Island, Glynn County, Georgia, to the Glynn County Board of Commissioners and the acceptance of certain real property from the Glynn County Board of Commissioners located in Glynn County, Georgia, in consideration therefor; authorizing the lease of the real property acquired in the exchange of property with Glynn County to the United States of America; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property known as the Air National Guard Facility on St. Simons Island, Glynn County, Georgia, currently under the custody and management of the Department of Defense of the State of Georgia; and
WHEREAS, Glynn County is desirous of obtaining all of the hereafter described state owned real property for additional space on St. Simons Island for county governmental purposes to better serve the citizens located on the island; and
WHEREAS, the current county facilities on St. Simons Island are inadequate for the expanding population and county services provided; and
WHEREAS, the Department of Defense of the State of Georgia is agreeable to a proposed exchange of properties owned by the state and Glynn County; and
WHEREAS, the state Department of Defense would better serve the citizens of this area by being located on the mainland rather than an island, having ready access to an operational runway and having new facilities constructed better suited to their current needs; and
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WHEREAS, the State of Georgia will need to lease the real property acquired in the exchange of property with Glynn County to the United States of America for the purpose of developing a facility as a Georgia Air National Guard Combat Communication Squadron; and
WHEREAS, the said state owned real property is described as follows:
All that tract of land containing 3.24 acres, more or less, shown on a drawing on file in the office of the State Properties Commission, and more particularly described as follows:
All that tract or parcel of land lying and being situate on St. Simons Island, Glynn County, Georgia, BEGINNING at an iron pin 30 feet southerly from the centerline of Patrol Road, said beginning point being located through the following traverse from a railroad spike at the intersection of Retreat Road, Demere Road and Frederica Road; thence S 34 22' W 605.70 feet to a railroad spike; thence S 75 21' E 740.83 feet to the point of beginning of the herein described tract; thence from the point of beginning and along the line parallel to and 30 feet southerly from the centerline of Patrol Road, S 80 32' E 420 feet to an iron pipe; thence leaving Patrol Road and along a line 30 feet parallel to and westerly from the centerline of Road "C", S 08 19' W 326.57 feet to a point on the north side of Road "D"; thence leaving Road "C" and along a line 30 feet from and parallel to the centerline of Road "D", N 81 38' W 237.00 feet to an iron pipe; thence leaving the north side of Road "D" and along the land of McKinnon Airport the following courses and distances: N 64 33' W 246.88 feet to a fence post; thence N 19 45' E 267.41 feet to the point of beginning and containing 3.24 acres, more or less:
Also all that state tract or parcel commencing at U. S. Coast & Geodetic monument No. l-CG-25 with coordinance of Y-423,290.29 X-740,965.11 from said monument, thence S7136'E for a distance of 2500.35' to a railroad spike at the intersection of Frederica Road and Demere Road, thence S3253'W for a distance of 605.70' to a railroad spike in the center line of the pavement, thence N8646'E for a distance of 724.80' to an iron pin and the point and place of
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beginning. From said point and place of beginning thence S6157'E along a chord to an iron pin for a distance of 474.60', thence S650'W for a distance of 45' to an iron pin, thence N8201'W for a distance of 420.0 to an iron pin, thence S1816'W for a distance of 267.41' to a fence post, thence S6602'E for a distance of 246.88' to an iron pin, thence N8307'W for a distance of 280.45' to a concrete monument, thence N2836'W for a distance of 217.63' to an iron pin which is 250' east of the center line of runway No. 422. Thence from said point running parallel to runway No. 422 N3538'E for a distance of 417.30' to an iron pin and the place and point of beginning. Said parcel contains approximately 2.498 acres, and is more particularly described and shown on a plat of survey on file in the office of the State Properties Commission dated April 7,1976, revised February 1, 1977, prepared by Joe B. Biletzskov, Georgia Registered Land Surveyor No. 1623, entitled "Survey of Proposed Acquisition of Land Adjacent to the 224th Mobile Communication Squadron, McKinnon Airport, St. Simons Island, Georgia"; and
WHEREAS, the Glynn County property is described as follows:
All that parcel known as GLYNCO JETPORT TRACT, Glynn County, Georgia, more particularly described as follows:
To locate the POINT OF BEGINNING, proceed from the intersection of the Eastern Right-of-Way of Canal Road with the Northern Right-of-Way of the Glynco Parkway, N 16 31' 05* E along the Eastern Right-of-Way of Canal Road for a distance of 342.33' to a concrete monument which is the POINT OF BEGINNING; thence, continue N 16 31' 05* E along the Eastern Right-of-Way of Canal Road for a distance of 1160.25' to a concrete monument; thence, proceed S 73 28' 55* E for a distance of 514.8' to a concrete monument located on the Western Right-of-Way of the BrunswickAltamaha Canal; thence, proceed S 12 39' 00* W along the Western Right-of-Way of the said canal for a distance of 910.66' to a concrete monument located on the Northern Right-of-Way of the Glynco Parkway; thence, proceed S 65 01' 04* W along the Northern Right-of-Way of the Glynco
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Parkway for a distance of 219.54' to a concrete monument which is a Point of Curvature; thence continue along the said Right-of-Way for a distance of 31.0' along the arc of a curve having a Delta angle of 13 00', a Tangent of 334.95', and a radius of 2939.79' to a concrete monument; thence, proceed N 85 53' 24' W for a distance of398.00' to a concrete monument located on the Eastern Right-of-Way of Canal Road and is the POINT OF BEGINNING. Said described Parcel of Land contains 13.60 acres and is more fully described according to a Plat of Survey prepared by James L. Conine, Georgia Registered Surveyor No. 1545, dated January 21, 1985:
Also all that Glynn County parcel known as UNION CAMP TRACT, more particularly described as follows:
From a concrete monument marking the intersection of the Northern Right-of-Way of the Glynco Parkway with the Eastern Right-of-Way of Canal Road, which is the POINT OF BEGINNING, proceed North 16 31' 05'E along the Eastern Right-of-Way of Canal Road a distance of 342.33' to a concrete monument; thence, proceed S 85 53' 24' E for a distance of 398.00' to a concrete monument located on the Northern Right-of-Way of the Glynco Parkway; thence, proceed Westernly 578.75' along the Northern Right-of-Way of the Glynco Parkway along the arc of the curve having a Delta angle of 1300', a Tangent of 334.95' and a radius of 2939.79', to a concrete monument which is the POINT OF BEGINNING. Said described Parcel of Land contains 1.40 acres and is more fully described according to a Plat of Survey prepared by James L. Conine, Georgia Registered Surveyor No. 1545, dated January 21, 1985; and
WHEREAS, exchange of the aforesaid tracts or parcels of land would be in the best interest of the citizens of Georgia and Glynn County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed Glynn County owned real property,
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the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey to the Glynn County Board of Commissioners the hereinabove described state owned real property and to accept in consideration therefor from the Glynn County Board of Commissioners a conveyance of the hereinabove described county owned real property.
Section 3. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange.
Section 4. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 5. That the State of Georgia, acting by and through its Department of Defense, is authorized and empowered, after the conveyances hereinabove described have been consummated, to lease such real property acquired in the exchange of property with Glynn County to the United States of America for the purposes of developing construction programs and developing a facility as a Georgia Air National Guard Combat Communication Squadron. The State of Georgia, acting by and through its Department of Defense, is authorized and empowered to execute a 50 year lease agreement and other documents with the United States of America in order to consummate the lease arrangement and provide for the development of the air national guard facility.
Section 6. That, for the purpose of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of survey and drawings on file in the office of the State Properties Commission shall constitute an acceptable plat for filing with the Secretary of State.
Section 7. That, for the purposes of compliance with the provisions of paragraph (2) of subsection (b) of Code Section
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50-16-122 requiring that an acquisition of real property by the state be filed with the Secretary of State and accompanied by a plat of the property acquired, the plats of survey prepared by James L. Conine, Georgia Registered Land Surveyor No. 1545, dated January 21, 1985, shall constitute acceptable plats for filing with the Secretary of State.
Section 8. That this resolution shall become effective 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 20, 1985.
CONVEYANCE TO THE BRANTLEY COUNTY BOARD OF COMMISSIONERS.
No. 14 (Senate Resolution No. 168).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Commissioners; 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 Brantley County, Georgia; and
WHEREAS, said real property is described as:
All that tract and parcel of land, situate, lying and being in original Land Lot Number 128 of the 9th Land District of Brantley County, Georgia, and being 10.397 acres, more or less and being described as follows: Beginning at a point
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where the center line of the Seaboard Coastline Railroad intersects with the center line of that certain county paved road number 15 in the Schlatterville Community of Brantley County, Georgia, and thence North 0854'00* West a distance of 97.72'; thence in an easterly direction and parallel to the center line of the Seaboard Coastline Railroad a distance of 40.0' to a point, this being the point or place of beginning; thence, North 1142'33" West a distance of504.03' to a point; thence North 1711'02'' West a distance of 200.0' to a point; thence, North 7310'00* East a distance of 647.09' to a point; thence, South 1315'00'' East a distance of 701.15' to a point; thence South 6830'00'' West a distance of 390.0' to a point; thence South 7940'50* West a distance of 260.03' to a point, this point being the point or place of beginning.
The above-described property is more particularly described in that certain plat recorded in Plat Book 10 at page 235 of the public land records of Brantley County, Georgia, said plat being dated August 21,1984 and prepared by Harry Strickland, surveyor for Brantley County, Georgia. Reference to said plat is made for all descriptive and legal purposes; and
WHEREAS, the Board of Commissioners of Brantley County is desirous of obtaining all of the above-described state owned real property to be used for a recreation area for the people in this community.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described 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 Board of Commissioners of Brantley County utilizing this property for recreational purposes; and, if this property is not utilized for such purposes, said property shall revert automatically to the State of Georgia without the necessity of reentry by the state.
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Section 3. That the above-described real property shall be conveyed by appropriate instrument to the Board of Commissioners of Brantley County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other 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 50-16122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this resolution, currently on file with the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.
Section 5. That this resolution shall become effective as law 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 20, 1985.
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ARCHIE L. LINDSEY MEMORIAL BRIDGE DESIGNATED. No. 15 (House Resolution No. 21). A RESOLUTION
Authorizing and directing the Department of Transportation to designate the Georgia Highway 9 bridge crossing the Chattahoochee River at Roswell, Georgia, as the Archie L. Lindsey Memorial Bridge; and for other purposes.
WHEREAS, Archie L. Lindsey served on the Atlanta City Council for seven years and subsequently served on the Board of Commissioners of Fulton County for 14 years from 1953-1966; and
WHEREAS, Archie Lindsey was dedicated to the goal of strengthening the economic base of the Atlanta metropolitan area and was instrumental in the planning and development of the Hartsfield International Airport and the Atlanta Stadium; and
WHEREAS, in addition to his commitment to vital economic projects, Archie Lindsey was a principal supporter of numerous community health and social service facilities, and actively endorsed local government's increased financial support for Grady Hospital and the Fulton County Juvenile Home as well as the establishment of the Highview Nursing Home for the poor; and
WHEREAS, as a result of his knowledge and understanding of local government administration and his strong leadership ability, Archie Lindsey served as chairman and vice-chairman of the Board of Commissioners of Fulton County for eight of the 14 years he was a member of the governing authority; and
WHEREAS, it is only fitting and proper for the state to memorialize this outstanding Georgian by dedicating a bridge in his county to his honored memory.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate the Geor-
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gia Highway 9 bridge crossing the Chattahoochee River at Roswell, Georgia, as the Archie L. Lindsey Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at said bridge designating it as the Archie L. Lindsey Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Mr. Archie L. Lindsey and a copy to the commissioner of transportation.
Approved March 20, 1985.
SOUTHERN REGIONAL EDUCATION COMPACT -- ADMISSION OF OKLAHOMA.
No. 16 (Senate Resolution No. 18).
A RESOLUTION
Giving legislative approval to the admission of the State of Oklahoma into the Southern Regional Education Compact entered into by the State of Georgia and other Southern states; to declare that, upon ratification of the compact by the legislature and approval by the Governor of Oklahoma and approval by the legislature and by the Governor of the other states which are parties to the compact, the State of Oklahoma shall become a party to said compact; and for other purposes.
WHEREAS, by action of the General Assembly and approval of the Governor, the State of Georgia is a party to the Southern Regional Education Compact with the States of Alabama, Arkansas, Florida, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia; and
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WHEREAS, the State of Oklahoma has indicated its interest in becoming a party to said compact.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the admission of the State of Oklahoma is approved and that the State of Oklahoma shall become a party to the Southern Regional Education Compact upon approval of its legislature and Governor and upon approval of its admission by the other states which are parties to the compact.
BE IT FURTHER RESOLVED that upon adoption of this resolution and its approval by the Governor a signed and engrossed copy of this resolution shall be submitted by the Governor to the Southern Regional Education Board.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its approval by the Governor.
Approved March 20, 1985.
MAGISTRATE COURTS IN CERTAIN COUNTIES (550,000 OR MORE) -- JURISDICTION OF MISDEMEANORS AND MUNICIPAL ORDINANCE VIOLATIONS.
Code Section 15-10-2.1 Amended.
No. 145 (House Bill No. 647).
AN ACT
To amend Code Section 15-10-2.1 of the Official Code of Georgia Annotated, relating to the continuation of certain jurisdiction of certain magistrate courts until a specified date, so as to provide for the permanent continuation of such jurisdiction for magistrate courts of counties having a population of 550,000 or more according to the United States decennial census of 1980
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or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-2.1 of the Official Code of Georgia Annotated, relating to the continuation of certain jurisdiction of certain magistrate courts until a specified date, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) Notwithstanding the provisions of subsections (a) and (b) of this Code section, any magistrate court which was in existence on June 30, 1983, of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and which on that date had, under the law creating the court, any jurisdiction over misdemeanor cases and over the enforcement of municipal ordinances shall continue to have the same jurisdiction over such matters."
Section 2. This Act shall become effective upon its approval by 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, 1985.
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ACT PROVIDING ADVANCED DEPOSITS OF COURT COSTS IN STATE COURTS OF CERTAIN COUNTIES (190,000210,000) REPEALED.
No. 164 (House Bill No. 737).
AN ACT
To repeal an Act approved April 6, 1981 (Ga. L. 1981, p. 3444), providing for the advance deposit toward court costs in the state courts of the counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future census; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act approved April 6, 1981 (Ga. L. 1981, p. 3444), providing for the advance deposit toward court costs in the state courts of the counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future census, 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 March 20, 1985.
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STATE EMPLOYMENT AGENCY ADVISORY COUNCIL -- TERMINATION DATE.
Code Section 34-10-16 Amended.
No. 191 (Senate Bill No. 10).
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:
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 termination 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 Termination of Regulatory Agencies,' the State Employment Agency Advisory Council shall be terminated on July 1,1986, 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 20, 1985.
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GEORGIA STATE GUARD -- NAME CHANGED TO "STATE DEFENSE FORCE."
Code Title 38, Chapter 2 Amended.
No. 192 (Senate Bill No. 202).
AN ACT
To amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, is amended by striking paragraph (10) of Code Section 38-2-2, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'Organized militia,' 'all or any part of the organized militia,' 'organized militia or any part thereof,' 'any force of the organized militia,' and 'organized militia or any force thereof' mean, severally, the Army National Guard, the Air National Guard, the Georgia Naval Militia when organized and the State Defense Force when organized and include any unit, component, element, headquarters, staff, or cadre thereof as well as any member or members."
Section 2. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 38-2-3, relating to the division and composition of the militia and membership of the unorganized militia, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) The State Defense Force whenever such a state force shall be duly organized."
Section 3. Said chapter is further amended by striking Code Section 38-2-23, relating to the Georgia State Guard, in
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its entirety and substituting in lieu thereof a new Code Section 38-2-23 to read as follows:
"38-2-23. The State Defense Force, whenever such a state force shall be duly organized under the Constitutions and laws of the United States and of this state, shall be a force of the organized militia."
Section 4. Said chapter is further amended by striking Code Section 38-2-50, relating to the authorization to create or disband the Georgia State Guard, in its entirety and substituting in lieu thereof a new Code Section 38-2-50 to read as follows:
"38-2-50. The State Defense Force may be created, established, maintained, or disbanded by the Governor at any time when such action is authorized under federal law. It shall be organized, armed, equipped, disciplined, governed, administered, and trained as prescribed by this chapter and the regulations issued thereunder, in conformance with the laws of the United States. Whenever such a state force shall be organized, it shall be commanded by a brigadier general."
Section 5. Said chapter is further amended by striking Code Section 38-2-51, relating to the requirement that the organization of the Georgia State Guard conform to federal laws and regulations, in its entirety and substituting in lieu thereof a new Code Section 38-2-51 to read as follows:
"38-2-51. (a) In order to conform the organization of the State Defense Force to the organization of such state military forces as may be prescribed by the laws of the United States and regulations issued thereunder, the Governor may organize, activate, increase, change, divide, consolidate, disband, reactivate, or reorganize any unit, headquarters, staff, or cadre of the State Defense Force and may prescribe the composition and types of units, the type of organization, and the system of drill or instruction to be used in training such units.
(b) For the purposes set forth in subsection (a) of this Code section, the Governor is authorized to fix, increase, or decrease the strength of any unit, headquarters, staff, or cadre of the State Defense Force, including the number
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of commissioned officers, warrant officers, noncommissioned officers, and other enlisted personnel of any grade in any such unit, headquarters, staff, or cadre, and to alter the grades of officers, warrant officers, and noncommissioned officers."
Section 6. Said chapter is further amended by striking Code Section 38-2-52, relating to the detail of officers from the retired and reserved lists and Georgia National Guard to the Georgia State Guard, in its entirety and substituting in lieu thereof a new Code Section 38-2-52 to read as follows:
"38-2-52. (a) Upon the recommendation of the adjutant general, the Governor may order any officer on the state reserve list or on the state retired list to active duty with the State Defense Force, in which case the officer shall rank in his grade from the date of the order. The officer may be relieved from active duty and may be returned to the reserve list or retired list in the discretion of the Governor.
(b) Upon the recommendation of the adjutant general, the Governor may detail in his grade any commissioned or warrant officer in the Georgia National Guard, in addition to his other duties, to duty with the State Defense Force or any unit, headquarters, staff, or cadre thereof; and the officer may be relieved from such detail in the discretion of the Governor."
Section 7. Said chapter is further amended by striking Code Section 38-2-53, relating to the detail of Georgia National Guard enlisted personnel to the Georgia State Guard, in its entirety and substituting in lieu thereof a new Code Section 38-2-53 to read as follows:
"38-2-53. Enlisted persons of the Georgia National Guard may be detailed by the adjutant general to duty with the State Defense Force or any unit, headquarters, staff, or cadre thereof; and such persons may be relieved from such detail in the discretion of the adjutant general."
Section 8. Said chapter is further amended by striking Code Section 38-2-54, relating to duties, privileges, and immuni-
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ties of members of the Georgia State Guard, in its entirety and substituting in lieu thereof a new Code Section 38-2-54 to read as follows:
"38-2-54. All duties imposed by the military law or other statutes of the state or by regulations issued thereunder upon units, commissioned officers, warrant officers, and enlisted personnel of the organized militia are imposed upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force. All rights, privileges, and immunities conferred by the military law or other statutes of the state or by regulations issued thereunder upon the units, commissioned officers, warrant officers, and enlisted personnel of the Georgia National Guard or of the organized militia are conferred upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force except as otherwise prescribed in this chapter. Such rights, privileges, and immunities include relief from civil or criminal liability for acts done while on duty; rights to pay, allowances, and other compensation; expenses and subsistence; arms, uniforms, and equipment; provision, maintenance, use, and control of armories; eligibility to appointment on the military staff of the Governor; exemption from civil process and from jury duty; right of way; right to wear the uniform and to parade with firearms; and all other rights, privileges, and immunities created by statute or custom not hereinbefore specifically enumerated."
Section 9. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 38-2-391, relating to the convening of special courts-martial, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) The commanding officer of a division, brigade, regiment, detached or separate battalion, or corresponding unit of the Army National Guard, or the State Defense Force;",
Section 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 38-2-571, relating to the authority to administer oaths, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
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"(1) All judge advocates of the Army National Guard, Air National Guard, and State Defense Force;".
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Approved March 20, 1985.
REAL ESTATE BROKERS AND SALESPERSONS -- LICENSING.
Code Title 43, Chapter 40 Amended.
No. 193 (House Bill No. 314).
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 provide for editorial revision; to define certain terms; to delete the requirement of approval by the Secretary of State of appointments to the Georgia Real Estate Commission; to provide conditions for removal of commission members; to change certain provisions regarding continuing education; to provide procedures for placing a license on inactive status and for reinstatement to active status; to provide for fees; to provide for reinstatement of commission approval of schools and instructors; to provide for penalty fees; to change provisions relative to the notification of the commission in the event a broker changes his or her place of business; to increase the amount of liability of the real estate education, research, and recovery fund for acts of a licensee; to limit the amount a claimant may recover from such fund; to authorize the issuance of subpoenas; to authorize the release of investigative records for review by other states' real estate commissions or agencies; to authorize the commission to publish in its newsletter the names of licensees or schools which have been subject to license revocation;
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to change the provisions relative to exceptions from the application of Chapter 40 of Title 43; to provide for a broker's responsibility for an individual employed by the broker to manage residential rental property; 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 Code Section 43-40-1, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 43-40-1 to read as follows:
"43-40-1. As used in this chapter, the term:
(1) 'Associate broker' means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.
(2) 'Broker' means any person who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon, including persons holding themselves out as referral agents for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate, or collects rents or attempts to collect rents, or who advertises or holds himself out as engaged in any of the foregoing. 'Broker' also includes:
(A) Any person employed by or on behalf of the owner or owners of lots or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or other disposition thereof;
(B) Any person who engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with
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any contract whereby he undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both;
(C) Any person who, for another, auctions or offers or attempts or agrees to auction real estate; or
(D) Any person who, for another, buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate.
(3) 'Commission' means the Georgia Real Estate Commission.
(4) 'Commissioner' means the real estate commissioner,
(5) 'Licensee' means any person who is licensed as a salesperson, associate broker, or broker.
(6) 'Person' means individuals, corporations, and partnerships.
(7) 'Purchaser' means a person who acquired or attempts to acquire or succeeds to an interest in land.
(8) 'Real estate' means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. 'Mobile home,' as used in this paragraph, means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units.
(9) 'Salesperson' means any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.
(10) 'Subdivider' means any person who causes land to be subdivided into a subdivision for himself or others or
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who undertakes to develop a subdivision but it does not include a public agency or officer authorized by law to create subdivisions."
Section 2. Said chapter is further amended by striking Code Section 43-40-2, relating to the creation and composition of the Georgia Real Estate Commission, in its entirety and inserting in lieu thereof a new Code Section 43-40-2 to read as follows:
"43-40-2. (a) There is created the Georgia Real Estate Commission, which shall be composed of six members, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of five years. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. Five of the members shall be licensees who shall have been residents of this state and actively engaged in the real estate business for five years. The sixth member of the commission shall have no connection with the real estate industry whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns.
(b) Members of the commission shall serve until their successors are appointed and qualified. Vacancies on the commission shall be filled by appointment of a successor for the unexpired term of office by the Governor. Four members shall constitute a quorum for the transaction of any business of the commission. The commission shall organize by selecting from its members a chairperson and may do all things necessary and convenient to carry this chapter into effect. The commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairperson thereof shall deem it necessary to give full consideration to the business before the commission. Members of the commission or others may be designated by the chairperson of the commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the commission in the advancement of the profession and the standards of the real estate business.
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(c) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members;
(2) Incompetence; or
(3) Dishonest conduct.
(d) The commission is authorized to pass rules and regulations, not inconsistent with this chapter, relating to the professional conduct of licensees and the administration of this chapter.
(e) Each member of the commission shall receive as compensation for each day actually spent on his official duties at scheduled meetings and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his actual and necessary expenses incurred in the performance of his official duties.
(f) The commission, through its chairperson, shall file a written report with the Governor and a copy thereof with both houses of the General Assembly on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of all actions taken by the commission, a financial report of income and disbursements, staff personnel, and number of persons licensed by the commission. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The commission shall also outline a program of education and research for each ensuing year, for which a line appropriation shall be requested.
(g) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State and the joint-secretary."
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Section 3. Said chapter is further amended by striking subsections (d) through (h) of Code Section 43-40-8, relating to qualifications of licensees, in their entirety and by inserting in lieu thereof new subsections (d) through (g) to read as follows:
"(d) Except those persons actively licensed on January 1,1980, each applicant for renewal of a license must furnish to the commission evidence of having attended a continuing education course not to exceed six hours of in-class study in a course approved by the commission. This requirement of continuing education must be met for each renewal period. The commission shall not require the passing of an examination to meet this requirement. The in-class study course will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met.
(e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require.
(f) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter.
(g) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business."
Section 4. Said chapter is further amended by striking subsection (c) of Code Section 43-40-9, relating to conditions for granting a nonresident license, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A nonresident license may not be granted to an individual unless that individual is affiliated with a resident
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or nonresident broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qualifies for a broker's license."
Section 5. Said chapter is further amended by striking subsection (f) of Code Section 43-40-9, relating to the appointment of the commissioner as a nonresident licensee's agent, in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Prior to the issuance of a license to a nonresident, the applicant shall file with the commission a designation in writing that appoints the commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the commissioner shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-40-10, relating to the granting of licenses to corporations or partnerships, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No broker's license shall be granted to a corporation or partnership unless said corporation or partnership
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designates a qualifying broker who shall be responsible for assuring that the corporation or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation or partnership unless every person who acts as a licensee for such corporation or partnership shall hold a real estate license."
Section 7. Said chapter is further amended by striking Code Section 43-40-11, relating to the form of licenses and display of licenses by the broker, 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 commission. The license of each affiliated licensee shall be delivered or mailed to the real estate broker for whom the licensee is acting and shall be kept in the custody and control of such broker. It shall be the duty of each broker to display the broker's own license conspicuously and those of the affiliated licensees in such broker's place of business. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensee."
Section 8. Said chapter is further amended by striking in their entirety subsections (d) through (k) of Code Section 4340-12, relating to license fees, and by inserting in lieu thereof new subsections (d) through (k) and adding at the end of said Code section new subsections (1) and (m) to read as follows:
"(d) The biennial license renewal fees according to this chapter shall be due and payable as follows: application and fees for licensees 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
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not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed.
(e) Applications and fees must be filed personally in the commission's offices during regular business hours or may be mailed to the commission's offices in a letter postmarked by 'the United States Postal Service.
(f) Any licensee whose license lapses for failure to pay a renewal fee may reactivate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reactivation fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than two years and who reactivates it under the terms of this paragraph shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8.
(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an 'inactive status' may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any licensee who seeks to activate a license which has been on inactive status for a period of two
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years or longer shall be required to attend one commission approved six-hour course of study prior to activating an inactive license. The course of study shall be one of the six-hour, nonexamination, continuing education courses authorized in subsection (d) of Code Section 43-40-8.
(h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the biennial license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required biennial renewal fees, the licensee's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July 1, 1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July 1, 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days.
(i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25.
(j) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering that broker's license and applying for a license as a salesperson. No examination shall be required of a licensed broker or associate broker who surrenders that license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When a licensee changes status as contemplated in this subsection, the licensee shall be required to pay the same fee as an original applicant.
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(k) Should a license be suspended or revoked, as provided for by this chapter, said suspension or revocation shall prevent the licensee from making either application set out in subsection (j) of this Code section.
(l) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and biennial renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the commission may require.
(m) A reasonable fee, not to exceed the biennial renewal fee charged broker licensees, may be imposed by the commission on a licensee who:
(1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status;
(2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and
(3) Fails to respond within 14 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission."
Section 9. Said chapter is further amended by striking Code Section 43-40-19, relating to notification to the commission when a broker changes the place of business, in its entirety and inserting in lieu thereof a new Code Section 43-40-19 to read as follows:
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"43-40-19. (a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within ten days of such change.
(b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require.
(c) 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 licensee's actions on behalf of the former broker;
(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 licensee's activities in the enumerated transactions; and
(4) The written agreement expresses the terms under which the licensee shall be compensated by the former broker.
(d) A salesperson shall not act as a licensee for any broker other than the broker holding the salesperson's license except as provided in subsection (c) of this Code section."
Section 10. Said chapter is further amended by striking subsections (a), (e), and (f) of Code Section 43-40-20, relating to the requirement of a trust or escrow checking account for real estate business, in its entirety and inserting in lieu thereof new subsections (a), (e), and (f) to read as follows:
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"(a) Each broker shall maintain a separate bank checking account in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker or the broker's affiliated licensees, on behalf of a principal or any other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment."
"(e) A broker shall not be entitled to any part of the earnest money or other money paid to the broker in connection with any real estate transaction as part or all of the broker's commission or fee until the transaction has been consummated or terminated."
"(f) Any licensee, acting in the capacity of principal in the sale of interests in real estate owned by such licensee, 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 maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper accounting on such property is made to the parties entitled thereto."
Section 11. Said chapter is further amended by striking subsections (b) and (c) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The commission shall maintain a minimum balance of $500,000.00 in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any
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court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition:
(1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $40,000.00 on behalf of such licensee;
(2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and
(3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 from the fund.
(c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the education, research, and recovery fund."
Section 12. Said chapter is further amended by striking paragraph (2) of subsection (d) of Code Section 43-40-22, relating to payment out of the real estate education, research, and recovery fund of judgments, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1,1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court
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in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section."
Section 13. Said chapter is further amended by striking paragraph (6) of subsection (d) of Code Section 43-40-22, relating to revocation of certain licenses, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the qualifying broker of the corporation or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until he has repaid in full, plus interest at the rate of 6 percent a year, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection."
Section 14. Said chapter is further amended by striking subsections (b) and (c) of Code Section 43-40-24, relating to requisites for maintenance of an action, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any person acting in the broker's behalf was duly licensed at the time the alleged cause of action arose.
(c) No broker shall bring or maintain any action against another broker nor shall any affiliated licensee bring or
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maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee at the time the alleged cause of action arose."
Section 15. Said chapter is further amended by striking from subsection (a) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors, the following:
"(a) After holding a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to censure licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate, whenever a license, school, or instructor approval has been obtained by false or fraudulent representation or whenever a licensee, approved school, or instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:",
and inserting in lieu thereof the following:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate, whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved
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school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:".
Section 16. Said chapter is further amended by striking paragraph (8) of subsection (a) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors, in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker;".
Section 17. Said chapter is further amended by striking Code Section 43-40-27, relating to investigation by the commission of complaints, in its entirety and inserting in lieu thereof a new Code Section 43-40-27 to read as follows:
"43-40-27. (a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant for licensure, licensee, or real estate courses and instructors approved by the commission. Except for investigations of applicants for licensure, investigations of allegations of fraudulent conduct or of mishandling of funds held in a fiduciary capacity, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the commission shall not initiate an investigation on its own motion or investigate a licensee's activity as the result of a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation.
(b) Any person authorized to conduct an investigation on behalf of the commission shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the commission.
(c) In the conduct of an authorized investigation, the commissioner or chairperson of the commission may issue
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subpoenas to compel production of such writings, documents, or material on behalf of the commission. After the service of a notice of hearing, the commissioner or chairperson of the commission may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the commission or at the request of a respondent. The commission or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court.
(d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by other states' real estate commissions or comparable regulatory agencies of those states of closed investigative files which led to the filing of a notice of hearing by the commission, review by the respondent after the service of a notice of hearing, review by the commission's legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent.
(e) Whenever the commission revokes or suspends for more than 60 days a license, a school approval, or an instructor approval or whenever a licensee, an approved school, or an approved instructor surrenders a license or an approval to the commission after the commission has filed a notice of hearing, the commission shall publish the name of such licensee, approved school, or approved instructor in its official newsletter."
Section 18. Said chapter is further amended by striking Code Section 43-40-29, relating to exceptions from the operation of Chapter 40 of Title 43, in its entirety and inserting in lieu thereof a new Code Section 43-40-29 to read as follows:
"43-40-29. (a) Except as otherwise provided, this chapter shall not apply to:
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(1) Any person who, as owner, general partner of a limited partnership, lessor, or prospective purchaser or their regular employees or spouses, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency;
(2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;
(3) A licensed practicing attorney acting solely as an incident to the practice of law;
(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian, or while acting under a court order or under the authority of a will or of a trust instrument;
(5) Any officer or employee of a government agency in the conduct of official duties;
(6) Any person employed by a public or private utility who performs any act with reference to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein;
(7) Any person who, as owner or through another person engaged by such owner on a full-time basis, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person;
(8) Any person employed on a full-time basis by the owner of property for the purpose of selling, buying, leasing, managing, auctioning, or otherwise dealing with such property;
(9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of docu-
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merits, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who does not receive a fee for such referral from the party being referred.
(b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an individual owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44.
(c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license.
(d) Any individual employed by a broker to manage residential rental property on behalf of the broker under a written management agreement which the broker procured from and negotiated with the owner shall not be required to be licensed under this chapter. Any broker utilizing the services of such an individual shall be held responsible under this chapter for the brokerage activities of that individual."
Section 19. Said chapter is further amended by striking Code Section 43-40-30, relating to acting as a real estate broker, associate broker, or salesperson without a license, in its entirety and inserting in lieu thereof a new Code Section 43-40-30 to read as follows:
"43-40-30. (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act defined in paragraph (2) of Code Section 43-40-1, whether as a part of a transaction or as an entire transaction, shall be deemed a licensee within the meaning of this chapter. The commission of a single such act by a person who is required to be licensed under this chapter but who is not so licensed shall constitute a violation of this chapter.
(b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct, or advertise or hold himself or herself out as engaging in or conducting the business
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of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29."
Section 20. All laws and parts of laws in conflict with this Act are repealed.
Approved March 20, 1985.
PENAL INSTITUTIONS -- FIRST OFFENDERS; EFFECT; RECORDS.
Code Sections 42-8-60 and 42-8-65 Amended.
No. 195 (House Bill No. 539).
AN ACT
To amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the effect of violation of the terms of probation or conviction for another crime by a person who has been afforded first offender treatment; to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records; to provide for treatment of persons sentenced to terms of confinement as having been convicted during such terms of confinement; to provide for practices and procedures; to provide for an effective date and a specific repealer; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crime, is amended by striking Code Section 42-8-60, relating to probation of first offenders prior to adjudication of guilt and the effect of violation of terms of probation or conviction for another crime, and inserting in lieu thereof a new Code Section 42-8-60 to read as follows:
"42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:
(1) Defer further proceeding and place the defendant on probation as provided by law; or
(2) Sentence the defendant to a term of confinement as provided by law.
(b) Upon violation by the defendant of the terms of probation or upon a conviction for another crime during the period of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself of this article on more than one occasion."
Section 2. Said article is further amended by striking Code Section 42-8-65, relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge, and inserting in lieu thereof a new Code Section 42-8-65 to read as follows:
"42-8-65. (a) If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, a prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. Except as provided in subsection (b) or (c) of this Code section, the record of discharge shall be released solely to the Attorney General, a district attorney, a solicitor of a state court, the Department of Offender Rehabilitation, the office of a county probation system or of a state or county probation system of another state or of the United States, an office of the State
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Board of Pardons and Paroles, an office of the pardons and paroles division of another state or of the United States, or a prosecuting attorney of another state or of the United States, upon certification by such probation system or prosecuting attorney that there are pending in a court of competent jurisdiction criminal charges against any person discharged under this article. No such agency, law enforcement agency, or court may release any information regarding an adjudication of guilt under this article except to disclose the fact that the defendant has exercised his or her right to first offender treatment under Georgia law and that such person has been discharged.
(b) Upon certification by the chief executive officer of any law enforcement agency of a pending criminal investigation and the need for the record of discharge of a named person to be released, the record of discharge of such person may be released to such law enforcement agency. For the purposes of this subsection, the term 'law enforcement agency' means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
(c) The records of the Georgia Crime Information Center shall be modified, without a court order, to show a conviction in lieu of treatment as a first offender under this article whenever the conviction of a person for another crime during the term of probation is reported to the Georgia Crime Information Center. If a report is made showing that such person has been afforded first offender treatment under this article on more than one occasion, the Georgia Crime Information Center may report information on first offender treatments subsequent to the first such first offender treatment as if they were convictions. Such records may be disseminated by the Georgia Crime Information Center in the same manner and subject to the same restrictions as any other records of convictions.
(d) Notwithstanding any other provision of this article, any person who is sentenced to a term of confinement pur-
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suant to paragraph (2) of subsection (a) of Code Section 408-60 shall be deemed to have been convicted of the offense during such term of confinement for all purposes except that records thereof shall be treated as any other records of first offenders under this article and except that such presumption shall not continue after completion of such person's confinement sentence. Upon completion of the confinement sentence such person shall be treated in the same manner and the procedures to be followed by the court shall be the same as in the case of a person placed on probation under this article."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Subsection (d) of Code Section 42-8-65 of the Official Code of Georgia Annotated enacted by Section 2 of this Act shall be repealed upon the ratification of an amendment to the Constitution extending the jurisdiction of the State Board of Pardons and Paroles to consider cases covered by Code Section 42-8-60.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 20, 1985.
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COUNTY BOARDS OF HEALTH -- CREATION BY ORDINANCE IN CERTAIN COUNTIES (550,000 OR MORE).
Code Section 31-3-2.1 Enacted.
No. 200 (Senate Bill No. 221).
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 authorize the creation of a county board of health by ordinance 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; to provide for the powers and duties of such counties and county boards of health in connection with health and sanitation services; to provide for rules and regulations and remedies for enforcement including penalties; to provide certain requirements relative to employees of such county boards and departments of health; to provide for sources of authority for this Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by adding immediately following Code Section 31-3-2 a new Code Section 31-3-2.1 to read as follows:
"31-3-2.1. (a) This Code section shall apply only to those 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. To the extent that this Code section conflicts with or is inconsistent with other provisions of this chapter, the provisions of this Code section shall control within the counties in which this Code section is applicable. As used in this Code section, the word 'county* means a county to which this Code section is applicable.
(b) In lieu of the county board of health provided for by Code Section 31-3-2, each county shall be authorized to
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provide by ordinance duly adopted by the governing body of such county for the creation of a county board of health. A county electing to create its board of health by ordinance shall provide for a board of health of seven members. Four of such members shall consist of persons who shall be members of the board of health by virtue of their offices. Such members shall be the county superintendent of schools; the chairman or the elective chief executive officer of the governing authority of the county; the superintendent of schools of the largest, by population, independent school system located wholly or partially within the county; and the mayor of the largest municipality, by population, located wholly or partially within the county. The ordinance creating the county board of health may authorize such ex officio members to designate a person to serve in the place of such ex officio members, and a person so designated shall serve for a term concurrent with the term of office of the official who appointed such person, except that the appointing official may remove the person so appointed at any time and within the sole discretion of the appointing official. One of the remaining member^ shall be appointed by the governing authority of the county and one shall be appointed by the governing authority of the largest, by population, municipality located wholly or partially within the county. Such members so appointed shall not be members of the respective governing authorities making such appointment. The seventh member, who shall be a reputable physician preferably having a background in public health, shall be appointed by the grand jury of the county. The terms of office, method of filling vacancies, and any other matters not provided for by this subsection relative to the members of the board shall be provided for by the ordinance adopted pursuant to the authority of this Code section.
(c) In counties which adopt an ordinance pursuant to this Code section:
(1) The county board of health shall have supervision over all matters relating to health and sanitation within the county, with authority to declare and enforce quarantine therein subject to the provisions of law;
(2) All of the power, authority, duties, and responsibilities of county boards of health in such counties,
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whether derived from this Code section or any other existing law, shall be exercised and discharged throughout the entire area of said county both inside and outside of the corporate limits of municipalities located in whole or in part therein;
(3) The county attorney or law department of such county shall furnish whatever professional legal assistance may be needed by the county board of health or other authority for the enforcement of this Code section or other powers of the board of health by any of the means authorized by law;
(4) The governing authority of the county shall be authorized to adopt a system of rules, regulations, and orders covering health and sanitation within the county, and such system of rules, regulations, and orders may be based on recommendations by the county board of health. Such rules, regulations, and orders when adopted shall be recorded on the minutes of the governing authority of such county, and a certified copy thereof shall be furnished to the department of public health of such county;
(5) The certificate of attestation of the chairman or any other member of the county board of health shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper, or file or other matter or thing in the office of the chairman or other member or pertaining thereto to admit the same in evidence; and
(6) The board of health shall not have authority to provide the rules, regulations, or orders to carry out its powers and duties but shall use rules, regulations, and orders adopted by the governing authority of the county and spread upon its minutes. The violation of any such rule, regulation, or order is declared to be a nuisance, per se, and shall be subject to be abated as a nuisance, or enjoined as such. The violation of any such rules, regulations, or order is declared to be a misdemeanor, and any person, firm, or corporation, upon conviction thereof in any court of competent jurisdiction, shall be punished as for a misdemeanor.
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(d) Effective July 1, 1987, the employees of a county board and county department of health subject to the provisions of this Code section shall be eligible to and shall participate in the State Employees' Health Insurance Plan provided for by Article 1 of Chapter 18 of Title 45, and each such employee shall be an 'employee,' as defined by paragraph (2) of Code Section 45-18-1, for all purposes under said State Employees' Health Insurance Plan. Employee and employer contributions required for participation in the State Employees' Health Insurance Plan by such employees shall be based on state salaries paid to such employees or paid from state funds to the county for the purpose of paying the compensation of such employees, and salary supplements paid from county funds, as authorized by subsection (e) of this Code section, shall not be considered in the determination of such employee and employer contributions. Employer contributions required for the participation of such employees in the State Employees' Health Insurance Plan shall be paid from state funds in the same manner and to the same extent as employer contributions are paid from state funds for participation in such plan by employees of other county boards and departments of health. Employee contributions for such participation shall be withheld and paid as provided by regulations adopted for such purpose by the State Personnel Board.
(e) The governing authority of a county subject to this Code section is authorized to supplement from county funds state compensation paid to employees of its county board or department of health or to supplement from county funds the amount received by the county from state funds for the purposes of paying the compensation to such employees.
(f) In addition to its general powers to enact laws not in conflict with the Constitution of Georgia and of the United States, this Code section is adopted pursuant to the authority of an amendment to the Constitution of Georgia as set forth in Georgia Laws 1951, pages 828-831 authorizing the General Assembly, by general, local, or special law, to determine and prescribe all the powers, responsibilities, and limitations of certain counties subject to this Code section with respect to health and sanitation."
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Section 2. This Act shall become effective January 1,1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
HEALTH -- ABATEMENT OF PUBLIC NUISANCES INJURIOUS TO PUBLIC HEALTH, SAFETY, OR COMFORT
IN CERTAIN COUNTIES (450,000 OR MORE).
Code Section 31-5-10 Enacted.
No. 207 (House Bill No. 407).
AN ACT
To amend Article 1 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement of health laws and regulations, so as to provide conditions and procedures for the abatement of public nuisances which are injurious to public health, safety, or comfort in any county 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; to provide for notice of certain conditions and inspection warrants; to provide service of process; to provide for judgments; to create a lien on certain property under certain conditions; 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 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement of health laws and regulations, is amended by adding at the end thereof a new Code Section 31-5-10 to read as follows:
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"31-5-10. (a) The provisions of this Code section shall apply only in those 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.
(b) Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the department or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section 31-5-21. If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records.
(c) If the department or the county board of health brings an action for injunction to abate a public nuisance which is injurious to the public health, safety, or comfort, process shall be served on the occupants of the property and on any person, firm, or corporation having any interest in the property according to the county property records. Service shall be made in accordance with Code Section 9-11-4; and, if any person, firm, or corporation to be served resides outside the state, has departed the state, cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons as provided in Code Section 9-11-4.
(d) In addition to any form of relief ordered by the court, the superior court may, as a part of its order, authorize the department or the county board of health to take appropriate action to abate such public nuisance. Any cost incurred by the department or the county board of health to abate such nuisance shall constitute a lien against the property, and such lien shall have the same status and priority as a lien for taxes."
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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
DEVELOPMENT AUTHORITIES -- BOARDS OF DIRECTORS IN CERTAIN COUNTIES; (33,500- 34,000) CHANGED TO (33,500-34,600).
Code Section 36-62-4 Amended.
No. 216 (House Bill No. 607).
AN ACT
To amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to the creation of county or municipal development authorities, so as to revise and correct the population classification of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to the creation of county or municipal development authorities, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) In each county of this state having a population of not less than 33,500 nor more than 34,600 according to the United States Decennial Census of 1980 or any future
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such census, the board of directors of an industrial development authority in such county which is created directly by the Constitution of Georgia shall assume all the powers, duties, and responsibilities of and shall become the board of directors of any development authority created under this chapter which is located in such county or in any municipal corporation in such county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES (400,000 OR MORE).
Code Title 36, Chapter 41 Amended.
No. 220 (House Bill No. 640).
AN ACT
To amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the ^Urban Residential Finance Authorities Act for Large Municipalities" (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions; to change the provisions relating to powers of the authorities; to change the provisions relating to loans to qualified housing sponsors or eligible households; to change the provisions relating to the purchase of mortgages or security interests; to change the provisions relating to the procedure for issuance and the form of an authority's bonds; to change the provisions relating to the pledge of assets for the payment of bonds; to change the provisions relating to the sources for the payment of bonds or other obligations of an authority; to change the provisions
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relating to tax exemptions of the authority; 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 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residental Finance Authorities Act for Large Municipalities (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census), is amended by striking paragraphs (3) and (8) of Code Section 36-41-3, relating to definitions, in their entirety and substituting in lieu thereof, respectively, new paragraphs (3) and (8) to read as follows:
"(3) 'Eligible household' means any household which does not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided, state aided, or authority aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and which satisfies the income limitations set by each authority in administrative guidelines and procedures established pursuant to subsection (c) of Code Section 36-41-5; provided, however, that in no event shall the income of an eligible household exceed two and one-half times the median household income for the Standard Metropolitan Statistical Area of the particular municipality activating the particular authority establishing such income limitations.
(8) 'Lending institution' means any bank or trust company, savings and loan association, building and loan association, savings bank, insurance company, mortgage banker, mortgage broker, or other financial institution, any governmental agency, or any holding company for any of the foregoing. Such lending institution shall have a place of business in this state and shall be authorized to do business in this state."
Section 2. Said chapter is further amended by striking paragraphs (8) and (13) of subsection (a) of Code Section 36-415, relating to the powers of an authority, in their entirety and
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substituting in lieu thereof, respectively, new paragraphs (8) and (13) to read as follows:
"(8) To make loans pursuant to Code Section 36-41-6 for the financing, acquisition, or rehabilitation of residential housing, the repayment of which is secured by mortgages or security interests or other assets and funds of the authority or other security devices determined to be satisfactory by the authority; to participate in the making of loans secured by mortgages or security interests or other security devices determined to be satisfactory by the authority; to undertake commitments to make loans secured by mortgages or security interests or other security devices determined to be satisfactory by the authority; to acquire and, pursuant to Code Section 36-41-7, to contract to acquire mortgages or security interests or participations therein, owned by lending institutions, the Federal National Mortgage Association, or any federal or state agency; and to enter into advance commitments to such organizations for the purchase of such mortgages or security interests or participations;
(13) Subject to any agreement with bondholders, but otherwise notwithstanding any other provision of state law, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, sinking funds, and debt service funds, in such obligations or other investments as the authority shall determine and as shall otherwise be lawful;"
Section 3. Said chapter is further amended by striking subsections (c) and (d) of Code Section 36-41-5, relating to the powers of an authority, in their entirety and substituting in lieu thereof new subsections (c) and (d) to read as follows:
"(c) Each authority shall establish administrative guidelines as to income limitations for eligible households for the purposes of paragraph (3) of Code Section 36-41-3 by taking into account the following considerations, among other determined by the authority to be appropriate:
(1) The size of the family or number of persons who intend to reside together;
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(2) The conditions and costs of obtaining and maintaining existing and available housing within the geographic boundaries of the municipality activating the authority;
(3) The costs of obtaining and maintaining newly constructed or rehabilitated housing within the geographic boundaries of the municipality activating the authority, including considerations of the total rehabilitation costs of such housing and the costs of financing such housing as affected by prevailing and available financing terms and conditions relating to nonfederally aided and nonstate-aided mortgages ; and
(4) The age or physical condition of the persons who intend to reside in the residential housing.
(d) The administrative guidelines established by each authority pursuant to subsection (c) of this Code section may differ in order to reflect the varying tenant composition and economic and housing conditions within the jurisdiction of each authority; provided, however, in no event shall the income of an eligible household exceed two and one-half times the median household income for the Standard Metropolitan Statistical Area of the particular municipality activating the particular authority establishing such income limitations."
Section 4. Said chapter is further amended by striking paragraphs (3) through (7) of subsection (b) of Code Section 3641-6, relating to loans to qualified housing sponsors or eligible households, in their entirety and substituting in lieu thereof new paragraphs (3) through (7) to read as follows:
"(3) The authority may require that such loans shall be secured as to payment of both principal and interest by a pledge of collateral security in such amounts as the authority shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. Such collateral security may consist of:
(A) Obligations for the payment of money by or guaranteed by the United States of America;
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(B) Obligations for the payment of money by any of the following: the Bank for Cooperatives, the Federal Intermediate Credit Bank, the Federal Home Loan Bank System, the Export-Import Bank, the Federal Land Banks, the Federal National Mortgage Association, or the Government National Mortgage Association;
(C) Obligations for the payment of money by the state or any municipal corporation therein;
(D) Mortgages insured by the Federal Housing Administration or guaranteed by the Veterans' Administration and such other mortgages insured or guaranteed by the federal government or by a private insurer as to payment of principal and interest as shall be approved by the authority;
(E) Conventional mortgages approved by the authority; or
(F) Any other security determined by the authority to protect the interests of the authority and the bondholders.
(4) The authority may require that collateral for such loans be deposited with a bank, trust company, or other financial institution acceptable to the authority located in the state and designated by the authority as custodian therefor. In the absence of such requirement and if required by the authority, each lending institution shall enter into an agreement with the authority containing such provisions as the authority shall deem necessary to:
(A) Identify adequately and maintain such collateral;
(B) Service such collateral; and
(C) Require the lending institution to hold such collateral as an agent for the authority and be accountable to the authority as the trustee of an express trust for the application and disposition thereof and the income therefrom. The authority may also establish such addi-
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tional requirements as it shall deem necessary with respect to the pledging, assigning, setting aside, or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom.
(5) The authority shall require as a condition of each loan to a lending institution that such lending institution, within such period after receipt of the loan proceeds as the authority may prescribe by regulation, shall have entered into written commitments to make and, within such period thereafter as the authority may prescribe by regulation, shall have disbursed the net loan proceeds in mortgage loans on residential housing in an aggregate principal amount equal to the net amount of such loan proceeds. Such mortgage loans shall have such terms and conditions as the authority may prescribe.
(6) The authority shall require each lending institution to which the authority has made a loan to submit evidence satisfactory to the authority of the making of new mortgage loans for residential housing as required by this Code section and in connection therewith may, through its employees or agents, inspect the books and records of any such lending institution.
(7) Compliance by any lending institution with the terms of its agreement with or undertaking to the authority with respect to the making of mortgage loans for residential housing may be enforced by the decree of any court of competent jurisdiction."
Section 5. Said chapter is further amended by adding at the end of Code Section 36-41-6, relating to loans to qualified housing sponsors or eligible households, a new subsection (c) to read as follows:
"(c) Notwithstanding any other provision of this chapter, each authority may finance residential housing under any provision of this chapter for occupancy by persons who, by virtue of age, physical condition, or other appropriate factors, are determined by the authority to require the assistance provided by such authority under this chapter, without regard to personal or family income."
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Section 6. Said chapter is further amended by striking subsections (d) through (i) of Code Section 36-41-7, relating to the purchase of mortgages or security interests, in their entirety and substituting in lieu thereof new subsections (d) through (h) to read as follows:
"(d) Subject to the rights of bondholders, the authority shall fix the amount of the fee to be paid a servicing agent, in such amount as shall reasonably compensate the servicing agent for performing such services. The amount of such fee may be deductible from any interest payable and collected under the mortgage or security interest.
(e) The authority may make commitments to lending institutions to purchase a mortgage or security interest or participation therein prior to the date of its execution, and a mortgage which is made by a lending institution under a prior commitment from the authority to purchase the mortgage or security interest or a participation therein shall satisfy the requirement to reinvest the proceeds from the sale as quickly as possible in mortgage loans for residential housing. The authority shall establish such fees as are necessary to reimburse the authority for the administrative costs incurred in connection with making commitments to purchase and in purchasing mortgages or security interests or participations therein.
(f) The authority may require as a condition of a purchase of any mortgage or security interest from a lending institution that the lending institution represent and warrant to the authority any or all of the following:
(1) The unpaid principal balance and the interest rate thereon have been accurately stated to the authority and that the interest rate and all service charges in connection therewith are not usurious under the laws of the state;
(2) The amount of the unpaid principal balance is legally and validly due and Owing;
(3) The lending institution has no notice of the existence of any counterclaim, offset, or defense asserted by the mortgagor or his successor in interest;
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(4) Necessary documents have been properly recorded in the county in which the real estate lies;
(5) The mortgage or security interest constitutes a valid lien on the property described in the mortgage or security interest, subject only to such matters which do not adversely affect to a material degree the use or value of the property;
(6) The loan when made was lawful under the laws of the state or under federal law or both, whichever governed the making of the loan, and would be lawful on the date of purchase by the authority if made by the lending institution on that date in the amount of the unpaid principal balance;
(7) The mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, real property taxes, or otherwise in the performance of the mortgagor's obligations under the mortgage or security interest and has not, to the knowledge of the lending institution, been in default in the performance of any such obligation for a period of longer than 60 days;
(8) The mortgage or security interest requires that the property described therein be covered by a valid and subsisting policy of insurance issued by a responsible insurance company legally licensed and authorized to conduct and transact business in the state and providing fire and extended coverage to an amount not less than 80 percent of the insurable value of the property or in the amount of the mortgage or security interest, whichever the authority may determine;
(9) The insurance coverage referred to in paragraph (8) of this subsection is in full force and effect; and
(10) Subject to subsection (e) of this Code section, moneys received from the authority will be utilized for the financing, acquisition, or rehabilitation of residential housing within the geographic boundaries of the municipality activating the authority, and that certification by
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the lending institution to the effect that moneys have been reloaned as set forth in this chapter will be filed with the authority pursuant to the rules of the authority and will be available to the members of the public and to members of the General Assembly.
(g) Each lending institution shall be liable to the authority for any damages suffered by the authority by reason of the untruth of any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made or in the event of any breach of warranty, the lending institution shall, at the option of the authority, repurchase the mortgage or security interest or participation for the original purchase price adjusted for amounts subsequently paid thereon, as the authority may determine.
(h) The authority may require the recording of an assignment of any mortgage purchased by it from a lending institution."
Section 7. Said chapter is further amended by striking Code Section 36-41-8, relating to the procedure for issuance and the form of an authority's bonds, in its entirety and substituting in lieu thereof a new Code Section 36-41-8 to read as follows:
"36-41-8. (a) Each authority shall have the power and is authorized, at one time or from time to time, to issue its revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of loans for the acquisition, financing, and rehabilitation of residential housing as provided in this chapter; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers.
(b) Prior to the issuance of revenue bonds, the authority is authorized to consult and seek the technical assistance of the Department of Community Affairs and the chief fiscal officer of the municipality activating the authority. The au-
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thority may also retain the services of a qualified, independent financial advisor. The financial advisor shall not in any manner he involved in the underwriting of the revenue bonds or in the origination, sale, or servicing of mortgage loans for residential housing and shall serve only to advise the authority.
(c) The authority shall not have outstanding, at any one time, bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding $150 million.
(d) In addition, each authority shall commit at least 70 percent of the aggregate amount of loanable funds, directly or indirectly, to eligible households whose income does not exceed two times the median household income for the Standard Metropolitan Statistical Area of the municipality activating the authority. This formula is to apply only for the first eight months of any one issue, from date of issue. In no instance shall any authority use any of its funds to finance mortgages if the income of the eligible household is in excess of two and one-half times the median household income for the Standard Metropolitan Statistical Area of the municipality activating the authority. Each authority may, at its discretion, establish a maximum household income less than twice the median income and may allocate all or part of its available funds to households with incomes less than the maximum in this chapter.
(e) The bonds of each issue shall be dated; shall bear interest at such rate or rates as shall be set by the authority, (which may include the use of any formula or market pricing mechanism determined by the authority to be reasonable), without limitation by any existing law of the state, payable at such times as the authority may determine; shall mature at such time or times as the authority may determine; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and, at the option of the authority, may be made redeemable before maturity or exchangeable for other bonds of the same series at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution or financing documents providing for the issuance of such bonds or both redeemable and exchangeable. The bonds may
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be issued as serial bonds or as term bonds with or without mandatory sinking fund provisions or as a combination thereof.
(f) The authority shall determine the form of the bonds, including any interest or principal coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state.
(g) All such bonds shall be executed in the name of the authority by the chairman or vice-chairman and secretary-treasurer of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons shall be executed in the name of the authority by the chairman or vice-chairman of the authority. The facsimile signature of both the chairman or vice-chairman and the secretary-treasurer of the authority may be imprinted in lieu of the manual signatures if the authority so directs, and the facsimile of the chairman's or vice-chairman's signature shall be used on such coupons. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. In addition to the foregoing, the bonds shall bear the manual or facsimile signature of the clerk of the superior court of each county wherein is located a municipality activating an authority.
(h) The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The authority may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interest of the authority.
(i) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for
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the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter.
(j) Each authority is authorized to provide by resolution for the issue of refunding bonds of the authority for the purpose of refunding any bonds issued under this chapter and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by this chapter insofar as the same may be applicable.
(k) If the authority so determines, the bonds may be issued pursuant to a trust indenture between the authority and a trustee, which trust indenture shall have such terms and provisions as may be determined by the authority.
(l) Except as provided in this Code section, all revenue bonds issued by the authority under this chapter shall be executed, confirmed, and validated under, and in accordance with, Article 3 of Chapter 82 of this title, except that, in lieu of specifying the maturities or the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the petition and complaint filed in the validation proceeding may state that the bonds, when issued, will mature no later than 40 years from their issuance and bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that, in the event that bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this subsection shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices.
(m) In the event that no appeal is filed within the time prescribed by law or, if an appeal is filed, that the judgment
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is affirmed on appeal, the judgment of the superior court so confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive upon the validity of the bonds and the security therefor against the authority and all other persons.
(n) The bonds are made securities in which all public officers and bodies of the state and all municipalities; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities for any purposes of which the deposit of the bonds or other obligations of the state is now or may hereafter be authorized."
Section 8. Said chapter is further amended by striking Code Section 36-41-9, relating to the pledge of assets for payment of bonds, in its entirety and substituting in lieu thereof a new Code Section 36-41-9 to read as follows:
"36-41-9. Each authority may pledge for the payment of its bonds such assets, funds, contract rights, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority shall be valid and binding from the time when the pledge is made. The moneys or properties so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded."
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Section 9. Said chapter is further amended by striking Code Section 36-41-10, relating to the sources for payment of bonds or other obligations of an authority, in its entirety and substituting in lieu thereof a new Code Section 36-41-10 to read as follows:
"36-41-10. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the state or any county, municipality, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipality, or political subdivision. All such bonds and obligations shall be payable solely from the sources established for the payment thereof in the resolution or financing documents authorizing the issuance of such bonds; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipality, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or any such county, municipality, or political subdivision."
Section 10. Said chapter is further amended by striking Code Section 36-41-11, relating to tax exemptions of the authority and its bonds and notes, in its entirety and substituting in lieu thereof a new Code Section 36-41-11 to read as follows:
"36-41-11. As each authority will be performing essential governmental functions in the exercise of the powers conferred upon it by this chapter, the state covenants with the holders of the bonds of an authority that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of any facilities maintained or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority and that the bonds and notes of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation provided in this Code section shall not extend to tenants or lessees of the authority and shall not include exemptions
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from sales and use taxes on property purchased by the authority or for use by the authority. No authority shall be required to pay any intangible tax on the recording of any mortgage held or granted by the authority."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
ACT PROVIDING A SALARY FOR CORONERS IN CERTAIN COUNTIES (165,000-175,000) REPEALED.
No. 310 (House Bill No. 1006).
AN ACT
To repeal an Act providing an annual salary for the coroner in all counties of this state having a population of not less than 165,000 or more than 175,000 according to the United States decennial census of 1970 or any future such census in lieu of all fees or other emoluments, approved March 29, 1971 (Ga. L. 1971, p. 239), as amended by an Act approved February 27, 1976 (Ga. L. 1976, p. 2732), and an Act approved April 11, 1979 (Ga. L. 1979, p. 3742); 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 an annual salary for the coroner in all counties of this state having a population of not less than 165,000 or more than 175,000 according to the United
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States decennial census of 1970 or any future such census in lieu of all fees or other emoluments^ approved March 29, 1971 (Ga. L. 1971, p. 239), as amended by an Act approved February 27, 1976 (Ga. L. 1976, p. 2732), and an Act approved April 11, 1979 (Ga. L. 1979, p. 3742), 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 March 27, 1985.
VETERINARY MEDICINE -- REINSTATEMENT OF EXPIRED LICENSES.
Code Section 43-50-26 Amended.
No. 364 (Senate Bill No. 25).
AN ACT
To amend Code Section 43-50-26 of the Official Code of Georgia Annotated, relating to biennial renewal of licenses and renewal of expired licenses, so as to change the provisions relating to reinstatement of an expired license; 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 43-50-26 of the Official Code of Georgia Annotated, relating to biennial renewal of licenses and renewal of expired licenses, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
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"(b) Any person who shall practice veterinary medicine after the expiration of his license and willfully or by neglect fail to renew such license shall be practicing in violation of this article, provided that any person may renew an expired license within one year of the date of its expiration by making written application for renewal and paying the current renewal fee plus all delinquent renewal fees. After one year has elapsed from the date of the expiration, such license may be reinstated in accordance with the rules of the board."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
EVIDENCE -- WITNESS FEES FOR CORRECTIONAL OFFICERS.
Code Section 24-10-27 Amended.
No. 365 (Senate Bill No. 27).
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 correctional officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. 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 Investigation, or municipal or county police force, or any deputy sheriff, or any correctional officer, 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 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, the superintendent of the institution, 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 offon 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."
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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
DRIVER IMPROVEMENT CLINICS -- RECIPROCAL AGREEMENTS.
Code Section 40-5-83 Amended.
No. 366 (Senate Bill No. 35).
AN ACT
To amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to authorize the commissioner to enter into reciprocal agreements with other jurisdictions whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state and of such other jurisdictions; to provide that reciprocal agreements shall be made only where clinics, programs, and courses in other jurisdictions meet certain criteria; to provide that the Department of Public Safety shall accept certificates of completion of courses from clinics and programs which have been approved in such reciprocal agreements; to provide that driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with certain provisions of Georgia law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, is amended by striking Code Section 40-5-83 in its entirety and inserting in lieu thereof a new Code Section 40-5-83 to read as follows:
"40-5-83. (a) The commissioner shall establish criteria for the approval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, a professional defensive driving course, a basic alcohol or drug course, an advanced alcohol or drug program, advanced professional alcohol or drug treatment, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. No approved clinic shall charge a fee of more than $40.00 for a basic alcohol or drug course or an advanced alcohol or drug program. No approved clinic shall charge a fee of more than $15.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic by the department. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.
(b) (1) The commissioner shall be authorized to enter into reciprocal agreements with the proper authorities in other states, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. Reciprocal agreements shall only be made where the clinics, programs, and courses of such other jurisdictions meet or exceed the standards and requirements of clinics,
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programs, and courses in this state. The department shall accept certificates of completion of courses from clinics and programs which have been approved in such reciprocal agreements.
(2) Driver improvement clinics, programs, and courses outside of the State of Georgia which have been approved in reciprocal agreements negotiated by the commissioner shall not be required to comply with the provisions of subsection (a) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
CRIMES AND OFFENSES -- FALSE REPRESENTATION AS A REPRESENTATIVE OF A FIRE SERVICE ORGANIZATION.
Code Section 16-9-57 Amended.
No. 367 (Senate Bill No. 42).
AN ACT
To amend Code Section 16-9-57 of the Official Code of Georgia Annotated, relating to false representation as a representative of a peace officer organization, so as to prohibit false representation as a representative of a fire service organization; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-9-57 of the Official Code of Georgia Annotated, relating to false representation as a representa-
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tive of a peace officer organization, is amended by striking subsections (a) and (b) of said Code section and inserting in lieu thereof new subsections (a) and (b), respectively to read as follows:
"(a) It shall be unlawful for any person to solicit or accept a fee, consideration, or donation or to offer for sale or to sell advertising as a representative of a peace officer organization or fire service organization or under the guise of representing a peace officer organization or fire service organization unless such person is employed by, is acting pursuant to the authority of, or is a member of such organization.
(b) As used in this Code section, the term:
(1) Tire service' shall include any person duly elected, appointed, or employed to engage in fire fighting.
(2) 'Peace officer' shall include any person duly elected, appointed, or employed to engage in public law enforcement work."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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LAW ENFORCEMENT OFFICERS, FIREMEN, AND PRISON GUARDS KILLED OR DISABLED IN THE LINE OF DUTY
-- APPLICATIONS FOR INDEMNIFICATION; TIME PERIODS.
Code Section 45-9-86 Amended.
No. 368 (Senate Bill No. 53).
AN ACT
To amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification relative to any law enforcement officer, fireman, or prison guard killed or permanently disabled in the line of duty, so as to change the time within which certain applications may be filed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification relative to any law enforcement officer, fireman, or prison guard killed or permanently disabled in the line of duty, is amended by striking subsections (b) and (c) of said Code section in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard.
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(c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1,1986. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
PAROLE SUPERVISION FEES -- AMOUNT; DURATION; UNIFORMITY; ADVANCE PAYMENT; CONDITIONAL RELEASE.
Code Section 42-9-42 Amended.
No. 369 (Senate Bill No. 55).
AN ACT
To amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to procedures for granting clemency, pardon, or parole, so as to change the amount of certain parole supervision fees; to remove certain duration limitations on supervision fees; to provide that the amount of supervision fees shall be set by rule of the board and shall be uniform statewide; to change the provisions regarding advance payment of supervision fees of parolees or persons under conditional release; to change the provisions regarding when such fees are nonreim-
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bursable; to 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 42-9-42 of the Official Code of Georgia Annotated, relating to procedures for granting clemency, pardon, or parole, is amended by striking paragraph (2) of subsection (d) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The board may require the payment of a parole supervision fee of at least $10.00 per month as a condition of parole or other conditional release. The monthly amount shall be set by rule of the board and shall be uniform statewide. The board may require or the parolee or person under conditional release may request that up to 24 months of the supervision fee be paid in advance of the time to be spent on parole or conditional release. In such cases, any advance payments are nonreimbursable in the event of parole or conditional release revocation or if parole or conditional release is otherwise terminated prior to the expiration of the sentence being served on parole or conditional release. 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 27, 1985.
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CRIMINAL PROCEDURE -- BAIL; SCHEDULE I OR II CONTROLLED SUBSTANCES.
Code Section 17-6-1 Amended.
No. 370 (Senate Bill No. 86).
AN ACT
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to granting of bail to persons charged with criminal offenses, so as to provide for criminal offenses which are bailable only before a judge of superior court; 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 17-6-1 of the Official Code of Georgia Annotated, relating to granting of bail to persons charged with criminal offenses, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The offenses of rape, armed robbery, aircraft hijacking, treason, murder, and perjury and the offenses of giving, selling, offering for sale, bartering, trafficking, or exchanging of any Schedule I or II controlled substances are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b) of this Code section, a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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MAGISTRATE COURTS -- CASH BONDS FOR ORDINANCE VIOLATIONS.
Code Section 15-10-63.1 Enacted.
No. 371 (Senate Bill No. 123).
AN ACT
To amend Article 4 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for ordinance violations, so as to provide that the chief magistrate of each county may establish a schedule of cash bonds for persons charged with ordinance violations and may designate officers authorized to accept such cash bonds; to provide that a person who has been charged with an ordinance violation and who has not been arrested may, but shall not be required to, post a cash bond for his appearance; to provide that failure to appear shall be deemed a guilty plea and shall result in bond forfeiture; to provide that bond forfeiture shall not be a bar to subsequent prosecution; 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 4 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for ordinance violations, is amended by adding a new Code Section 1510-63.1 to read as follows:
"15-10-63.1. (a) The chief magistrate of each county may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of an ordinance against the county. The chief magistrate shall designate the officer or officers authorized to accept cash bonds pursuant to the schedule of bonds published by the court. In no event shall any officer or agent of the county who is authorized to issue citations be authorized to accept a cash bond at the time of or in conjunction with the issuance of any citation. The officer accepting a cash bond shall issue a receipt for the bond to the person charged with the violation.
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(b) Any person who is accused by citation but has not been arrested may, but shall not be required to, give a cash bond for his personal appearance in court for trial. If a person who has given a cash bond fails to appear for trial, the failure to appear shall be deemed to constitute a guilty plea and such cash bond shall be forfeited upon the call of the case for trial. It shall not be necessary for the county to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall be deemed to constitute imposition and payment of a fine and shall be a bar to a subsequent prosecution of the accused for the violation. The court may, however, in any case enter an order pursuant to which bond forfeiture shall not be deemed to constitute imposition of a sentence and subsequent prosecution shall not be barred; and in any such case the amount of the bond forfeited shall be credited against any fine subsequently imposed.
(c) It shall be the duty of the clerk of magistrate court to furnish the officer or officers authorized under the order with a book of blank receipts consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when accepting a cash bond so as to show the name of the person cited or arrested, the date of citation or arrest, nature of the offense, amount of cash bond given, and the name of the receiving officer. The receiving officer shall deliver a copy of the receipt to the person cited or arrested at the time the cash bond is given and shall file the original together with the cash bond with the clerk of the magistrate court not later than the next succeeding business day following the date of issuance of the receipt."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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COUNTY BOARDS OF HEALTH -- CONSOLIDATED CITYCOUNTY GOVERNMENTS; FEES FOR ENVIRONMENTAL
HEALTH SERVICES.
Code Section 31-3-4 Amended.
No. 372 (Senate Bill No. 134).
AN ACT
To amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to provide for the inapplicability of certain powers to boards of health of consolidated city-county governments; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, is amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows:
"(b) Those provisions of paragraph (6) of subsection (a) of this Code section which relate to fees for environmental health services shall not apply to any consolidated citycounty government."
Section 2. This Act shall become effective upon its approval by 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 27, 1985.
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GEORGIA YOUTHFUL OFFENDER ACT OF 1972 -- COMPREHENSIVE REVISION.
Code Title 42, Chapter 7 Amended. No. 373 (Senate Bill No. 157). AN ACT
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to comprehensively revise the provisions of the "Georgia Youthful Offender Act of 1972"; to change the definition of a certain term; to delete the definition of a certain term; to delete provisions relating to the Youthful Offender Division of the Department of Offender Rehabilitation; to change the provisions relating to institutions and facilities for treatment of youthful offenders; to change the provisions relating to study and diagnosis of offenders and the disposition of offenders generally; to change the provisions relating to transfer of offenders between institutions; to change the provisions relating to the conditional release of offenders; to provide that the State Board of Pardons and Paroles shall adopt policies and procedures concerning individuals designated to receive youthful offender treatment; to delete provisions relating to the unconditional release of offenders; to delete the provisions relating to modification of orders relating to disposition of offenders generally; to change the provisions relating to utilization of chapter by courts; to change the provisions relating to the effect of the "Georgia Youthful Offender Act of 1972" upon other laws; to provide for youthful offenders currently on probation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking in its entirety Chapter 7, known as the "Georgia Youthful Offender Act of 1972," and inserting in lieu thereof a new Chapter 7 to read as follows:
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"CHAPTER 7
42-7-1. This chapter shall be known and may be cited as the 'Georgia Youthful Offender Act of 1972.'
42-7-2. As used in this chapter, the term:
(1) 'Board' means the Board of Offender Rehabilitation.
(2) 'Commissioner' means the commissioner of offender rehabilitation.
(3) 'Conviction' means a judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere in a felony case but excludes all judgments upon criminal offenses for which the maximum punishment provided by law is death or life imprisonment.
(4) 'Court' means any court of competent jurisdiction other thap a juvenile court.
(5) 'Department' means the Department of Offender Rehabilitation.
(6) 'Treatment' means corrective and preventative incarceration, guidance, and training designed to protect the public by correcting the antisocial tendencies of youthful offenders, which may include but is not limited to vocational, educational, and other training deemed fit and necessary by the department.
(7) 'Youthful offender' means any male offender who is at least 17 but less than 25 years of age at the time of conviction and who in the opinion of the department has the potential and desire for rehabilitation.
42-7-3. (a) Youthful offenders shall undergo treatment in secure institutions, including training schools, hospitals, farms, and forestry and other camps and including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment.
(b) The commissioner may, to the extent necessary, set aside such facilities described in subsection (a) of this Code
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section as are necessary to carry out the purposes of this chapter.
(c) To the extent possible, such institutions and facilities shall be used only for treatment of youthful offenders who have the potential and desire for rehabilitation as provided in this chapter.
42-7-4. (a) The commissioner shall cause to be made a complete study and diagnosis of each youthful offender, including a physical examination and, where possible and indicated, a mental examination. In the absence of exceptional circumstances, each study and diagnosis shall be completed within a period of 60 days from the date of commitment.
(b) Upon the receipt of all reports and recommendations required by subsection (a) of this Code section, the department shall:
(1) Allocate and direct a transfer of the youthful offender to an institution or facility for treatment; or
(2) Order the youthful offender confined and afforded treatment under such conditions as are necessary for the protection of the public.
42-7-5. The commissioner may order the transfer of the offender from one institution or facility to any other institution or facility operated by the department.
42-7-6. After receipt of the reports and recommendations provided for by subsection (a) of Code Section 42-7-4 and the commissioner or his designee has determined whether or not an individual shall receive youthful offender treatment, the State Board of Pardons and Paroles shall be notified.
42-7-7. The State Board of Pardons and Paroles shall adopt policies and procedures concerning individuals designated to receive youthful offender treatment.
42-7-8. If a court finds that a youthful offender might benefit from this chapter, the court may recommend that
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a young offender be treated as a youthful offender by indicating the recommendation in writing in the sentence itself. When the judge has recommended in the sentence that a person be given youthful offender treatment, release may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45. After the offender is evaluated, the department will make the decision concerning the placement of the offender.
42-7-9. (a) Nothing in this chapter shall limit or affect the power of any court to proceed in accordance with any other applicable provisions of law.
(b) Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the juvenile court system of this state.
(c) Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the State Board of Pardons and Paroles. A person sentenced under this chapter shall have his eligibility for parole computed in the same manner as other offenders sentenced to the jurisdiction of the department."
Section 2. The provisions of this Act shall not operate to deny any rights to any youthful offender currently on probation pursuant to the "Georgia Youthful Offender Act of 1972," but any such person may remain on probation subject to any conditions as previously specified.
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 27, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
EDUCATION -- SCOLIOSIS SCREENING OF PUBLIC SCHOOL STUDENTS.
Code Section 20-2-772 Amended. No. 374 (Senate Bill No. 165). AN ACT
To amend Code Section 20-2-772 of the Official Code of Georgia Annotated, relating to the screening of public school children for scoliosis, so as to provide that rules and regulations providing for the screening of public school children for scoliosis shall not require prior approval of parents or legal guardians but shall provide advance written notice of the time of screening; to provide that a child whose parent or legal guardian objects to such screening shall be exempt therefrom; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-772 of the Official Code of Georgia Annotated, relating to the screening of public school children for scoliosis, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-772 to read as follows:
"20-2-772. (a) In addition to any other requirements of this part, the Department of Human Resources is authorized and directed, in cooperation with the State Board of Education, to promulgate rules and regulations to provide for the screening of public school children for scoliosis.
(b) The rules and regulations promulgated pursuant to subsection (a) of this Code section shall not require the prior approval of parents or legal guardians of public school children for the screening of such school children for scoliosis. However, such rules and regulations shall provide for advance written notice of the time of such screening to be given to parents and legal guardians of such public school children. If the parent or legal guardian of a child objects
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to such child being screened for scoliosis, such child shall be exempt from such screening."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
CRIMES AND OFFENSES -- POSSESSION OF FIREARM OR KNIFE DURING COMMISSION OF OR ATTEMPT TO
COMMIT CERTAIN CRIMES INVOLVING CONTROLLED SUBSTANCES, COCAINE, MARIJUANA, OR ILLEGAL DRUGS.
Code Section 16-11-106 Amended.
No. 375 (Senate Bill No. 166).
AN ACT
To amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to include with the list of such crimes any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute certain controlled substances and any crime involving certain trafficking of cocaine, marijuana, or illegal drugs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who shall have on his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another;
(2) The unlawful entry into a building or vehicle;
(3) A theft from a building or theft of a vehicle;
(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or
(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31,
and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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PUBLIC OFFICERS AND EMPLOYEES -- HOLDING OFFICES OF POLITICAL SUBDIVISIONS, POLITICAL
PARTIES, AND POLITICAL ORGANIZATIONS.
Code Section 45-10-70 Enacted.
No. 376 (Senate Bill No. 9).
AN ACT
To amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to provide that no rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of the state from offering for or holding any elective or appointive office of a political subdivision of this state or any elective or appointive office of a political party or political organization; to provide exceptions; 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, is amended by adding at the end thereof a new Part 4 to read as follows:
"Part 4
45-10-70. No rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of this state from offering for or holding any elective or appointive office of a political subdivision of this state or any elective or appointive office of a political party or political organization of this state, provided that the office is not full time and does not conflict with the performance of the official duties of the person as a state employee."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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BOARD AND DEPARTMENT OF INDUSTRY AND TRADE -- RECEIPT OF GIFTS; COOPERATIVE AGREEMENTS; JOINT ADVERTISING AND PROMOTIONAL PROJECTS.
Code Section 50-7-8 Amended.
No. 377 (Senate Bill No. 11).
AN ACT
To amend Code Section 50-7-8 of the Official Code of Georgia Annotated, relating to duties and powers of the Board of Industry and Trade, so as to provide that the Board of Industry and Trade may receive gifts, donations, or contributions from any persons; to provide that the Board of Industry and Trade and the Department of Industry and Trade may contract and make cooperative agreements, leases, and rental agreements with certain entities; to provide that the Board of Industry and Trade and the Department of Industry and Trade may participate in joint advertising and promotional projects with certain entities; to 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 50-7-8 of the Official Code of Georgia Annotated, relating to duties and powers of the Board of Industry and Trade, is amended by striking paragraphs (7) and (8) of said Code section and inserting in lieu thereof the following:
"(7) To cooperate, counsel, and advise with and to encourage and promote coordination in the efforts of other organizations or groups within the state, public or private, engaged in publicizing the advantages, attractions, or resources of the state;
(8) To cooperate, counsel, and advise with municipal, county, regional, or other local planning agencies in the state for the purpose of promoting coordination between the state and localities as to plans, policies, development of commerce,
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industry, or agriculture, publicity, and other related activities and functions;
(9) To receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board;
(10) To authorize the Department of Industry and Trade in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the board; and
(11) To authorize the Department of Industry and Trade to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated advertising and promotional funds."
Section 2. This Act shall become effective upon its approval by 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 27, 1985.
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SHERIFFS -- MINIMUM ANNUAL SALARIES; SERVICE IN OTHER COURTS.
Code Sections 15-16-20 and 15-16-20.1 Amended.
No. 378 (Senate Bill No. 43).
AN ACT
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 change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 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 of1980 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 schedule:
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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
(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, 1986, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:
Population 0 - 5,999
6,000 - 11,999 12.000- 19,999 20.000- 29,999 30.000 - 39,999 40.000 - 49,999 50.000 - 99,999 100.000 - 199,999 200.000 - 299,999 300.000 - and up
Minimum Salary $19,422.00 21.672.00 24.889.00 27.406.00 29.922.00 32.440.00 34.956.00 37.333.00 39.990.00 48.882.00
Section 2. Said chapter is further amended by striking Code Section 15-16-20.1 in its entirety and inserting in lieu thereof a new Code Section 15-16-20.1 to read as follows:
"15-16-20.1. 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
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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."
Section 3. This Act shall become effective January 1,1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS -- DEFINITIONS; TERMINATION DATE.
Code Sections 43-51-2 and 43-51-15 Amended.
No. 379 (Senate Bill No. 59).
AN ACT
To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, known as the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," so as to amend the definition of wastewater treatment plant; to change the termination date of and to continue the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and the 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:
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Section 1. Chapter 51 of Title 43 of the Official Code of Georgia Annotated, known as the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," is amended by striking paragraph (9) of Code Section 43-51-2, relating to definitions used in the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) 'Wastewater treatment plant' means the facilities provided for the collection, treatment, and disposal of wastewater, excluding industrial process wastewater."
Section 2. Said chapter is further amended by striking Code Section 43-51-15, relating to termination of the board, and inserting in lieu thereof a new Code Section 43-51-15 to read as follows:
"43-51-15. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts shall be terminated on July 1, 1991, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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SECRETARIES OF SUPERIOR COURT JUDGES AND DISTRICT ATTORNEYS -- SALARIES.
Code Sections 15-6-25 and 15-18-17 Amended. No. 380 (Senate Bill No. 61). AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase the base annual salary of each secretary of judges of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum number of merit increases; to provide for the adjustment of the salary scale to provide inclusion of across-the-board increases granted members of the classified service of the State Merit System of Personnel Administration; to allow for lateral transfer to the district attorney's secretary salary schedule; to increase the base annual salary of each secretary of district attorneys of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum number of merit increases; to provide for the adjustment of the salary scale to provide inclusion of across-the-board increases granted members of the classified service of the State Merit System of Personnel Administration; to allow for lateral transfer to the superior court judges' secretaries salary schedule; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensation of secretaries of judges of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 6 which
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shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step.
(2) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-theboard increase for members of the classified service of the State Merit System of Personnel Administration that occurs after June 30, 1985.
(3) Each superior court judge may grant to each secretary a merit increase equal to one step on the pay schedule, or any revised pay schedule resulting from an across-theboard increase, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws.
(4) Each secretary employed on July 1, 1985, shall be placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985.
(5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment."
Section 2. Said title is further amended by striking subsection (c) of Code Section 15-18-17, relating to the appointment, qualifications, duties, status, and compensation of secretaries of district attorneys of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which
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shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step.
(2) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-theboard increase for members of the classified service of the State Merit System of Personnel Administration which is effective after June 30, 1985.
(3) Each district attorney may grant to each secretary a merit increase equal to one step on the pay schedule, or any revised pay schedule resulting from an across-the-board increase, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing law or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing law.
(4) Each secretary employed on July 1, 1985, shall be:
(A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985; or
(B) Placed upon the next higher step if the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of paragraph (3) of this subsection.
(5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 on the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a district attorney of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment."
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
LOTTERIES -- CHAIN LETTERS, PYRAMID CLUBS; MULTILEVEL DISTRIBUTION COMPANIES.
Code Section 16-12-20 Amended.
Code Section 16-12-38 Enacted.
No. 381 (Senate Bill No. 62).
AN ACT
To amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery"; to provide that the organization of any chain letter club, pyramid club, or other group organized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is declared to be a lottery, and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or whoever shall solicit any person for membership or affiliation in any such group or organization shall be guilty of a misdemeanor of a high and aggravated nature; to exclude certain multilevel distribution companies; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety paragraph (4) of Code Section 16-12-20, relating to definitions with respect to gambling offenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a promotional contest which is declared to be lawful by Code Section 1612-36 or a scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:
(A) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and
(B) No person to be eligible to receive such prize shall be required to:
(i) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value;
(ii) Purchase any goods, wares, merchandise, or anything of value from such business; or
(iii) Be present to win such prizes."
Section 2. Said article is further amended by adding at the end of Part 1 a new Code Section 16-12-38 to read as follows:
"16-12-38. The organization of any chain letter club, pyramid club, or other group organized or brought together
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under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is declared to be a lottery; and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or whoever shall solicit any person for membership or affiliation in any such group or organization shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that this Code section shall not include a 'multilevel distribution company,' as defined in Code Section 10-1-510, which is operating in compliance with Code Section 10-1-511."
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 27, 1985.
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SUPERIOR COURTS -- HABEAS CORPUS AND OTHER NONJURY PROCEEDINGS IN COUNTIES HAVING A STATE CORRECTIONAL INSTITUTION.
Code Section 15-6-17 Amended.
No. 382 (Senate Bill No. 90).
AN ACT
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide that in any county in which a state correctional institution is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of such state correctional institution in a suitable room at the institution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:1,
Section 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking Code Section 15-6-17 in its entirety and inserting in lieu thereof a new Code Section 15-6-17 to read as follows:
"15-6-17. One or more of the judges of the superior courts must hold the superior court of each circuit at the county site and courthouse, if any, of each county in the respective judicial circuit or at some other place at the county site designated by law not less than twice each year, at such times as are prescribed by the General Assembly; provided, however, that, in any county in which a state correctional institution is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution in a suitable room at the institution. Nothing in this section shall be construed or interpreted to require any judge to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter
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14 of Title 9 involving inmates of such state correctional institution nor to establish any right of any inmate of such correctional institution to have any habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such correctional institution."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
STATE EMPLOYEES -- FLEXIBLE EMPLOYEE BENEFIT PLAN; EMPLOYEE BENEFIT PLAN COUNCIL CREATED.
Code Sections 45-18-50 through 45-18-58 Enacted.
No. 383 (Senate Bill No. 113).
AN ACT
To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; to provide for definitions; to create the Employee Benefit Plan Council; to provide for the powers and compensation of the members of the council; to authorize the council to establish a flexible employee benefit plan and to promulgate rules and regulations for its administration; to provide for voluntary payroll deduction or salary reduction by the state or county; to authorize the heads of government agencies to determine whether or not their employees shall continue any flexible program in operation on January 1, 1986; to provide that voluntary payroll deduction or salary reduction plans must be approved by the Employee Benefit Plan Council for any new flexible employee benefit plans initiated after January 1, 1986; to provide an exception; to provide that the commissioner of personnel administration shall be the executive officer for the administration of employee bene-
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fit plans and the custodian of such fund or funds required in the implementation of the plans; to provide that the commissioner of personnel administration shall employ such personnel as may be necessary to carry out his duties and responsibilities; to authorize the commissioner to execute a contract or contracts; to provide for benefits as approved in employee benefit plan or plans; to provide that such contracts may be executed with one or more corporations licensed to transact business in this state; to provide for a self-administered plan or plans; to provide for bids; to provide that the various departments, boards, and agencies of state government may contribute to the plan or plans; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
45-18-50. As used in this article, the term:
(1) 'Board' means the State Personnel Board.
(2) 'Council' means the Employee Benefit Plan Council established in Code Section 45-18-51.
(3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government or county department of family and children services or a county department of health, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia.
(4) 'Full time' means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This
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would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the continued employment environment.
45-18-51. (a) (1) There is created an Employee Benefit Plan Council consisting of the following ten members appointed by the Governor:
(A) The five members of the State Personnel Board who shall serve for terms of office which correspond with their terms of office on the State Personnel Board;
(B) Two department heads who have employees eligible to participate in the employee benefit plans, which department heads shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he ceases to be a department head;
(C) Two state employees who are eligible to participate in the employee benefit plans, which state employees shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he ceases to be a state employee; and
(D) One member from a corporation domiciled in the State of Georgia that insures or administers employee benefit plans, which member shall serve for a term of office of four years.
(2) Successors to the members of the council provided in paragraph (1) of this subsection shall have the same qualifications and shall be appointed by the Governor for terms of office of four years and until their successors are appointed and qualified. A vacancy on the council shall be filled by the Governor appointing a successor
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who possesses the same qualifications as his predecessor and who shall serve for the unexpired term.
(b) The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those council members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the state merit system.
(c) The Governor shall appoint one member to act as chairman for a term specified by the Governor until a successor is duly appointed. The council shall elect one of its members as vice-chairman to act in the absence of the chairman. If the office of chairman is vacated for any reason, the Governor shall appoint a successor.
(d) Meetings of the council shall be scheduled at the discretion of the council chairman and, where feasible, concomitant with the meetings of the State Personnel Board as provided in Chapter 20 of this title. All meetings of the council shall be open to the public.
(e) The council shall adopt procedures for the conduct of its activities.
(f) The commissioner of personnel administration shall serve as executive secretary to the council and provide the council with staff support and other assistance in carrying out its duties.
(g) In the promulgation of rules and regulations, the council shall be governed by Chapter 20 of this title.
45-18-52. The Employee Benefit Plan Council is authorized to establish a flexible employee benefit plan for employ-
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ees of the state and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insurance, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter. Except as provided in Code Section 45-18-30 and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage.
45-18-53. In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, or county department of health is authorized to deduct or reduce from salary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits.
45-18-54. The head of each department, agency, authority, or county department of health shall have the option to determine whether or not the employees within his respective agency shall continue any optional program that is in operation on January 1,1986. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntary designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1986, except that the Legislative Services Committee may continue or approve any optional program for members of the General Assembly and employees of the General Assembly.
45-18-55. The commissioner of personnel administration shall be the executive officer for the administration of this article and the custodian of such fund or funds as may be required in the implementation of this article. The commissioner of personnel administration shall employ such personnel as may be necessary to carry out his duties and responsibilities under this article.
45-18-56. The commissioner is authorized to execute a contract or contracts to provide the benefits as approved
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in the plan or plans in accordance with this article. Such contract or contracts may be executed with one or more corporations licensed to transact business in this state or the plan or plans, except for life, disability, or individual supplemental accident and sickness insurance, may be totally self-administered. Prior to entering into any contract under this Code section, the commissioner shall invite proposals from and allow a reasonable time for qualified corporations or qualified entities to bid on providing approved plan or plans benefits. The commissioner may invite proposals from any qualified entity as in the opinion of the council would desire to accept any part of the benefits authorized by this article.
45-18-57. The various departments, boards, and agencies of the state government may contribute such portions of the cost of such benefits and the administration thereof as may be established by the general appropriations Act.
45-18-58. The various departments, boards, agencies, and their employees shall not incur any liability for errors or omissions made in the performance of the agreement between the departments, boards, and agencies and the employee."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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EDUCATION -- SURROGATE PARENTS; EXEMPTION FROM LIABILITY.
Code Section 20-1-5 Enacted.
No. 384 (Senate Bill No. 121). AN ACT
To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education; to provide for limited immunity from actions for persons appointed as surrogate parents for children pursuant to certain federal law and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education, is amended by adding at the end thereof a new Code Section 20-1-5 to read as follows:
"20-1-5. Any individual appointed to act as a surrogate parent for a child pursuant to federal law (P.L. 94-142) and federal regulations (34 C.F.R. 300.514), as such law and regulations existed on January 1, 1985, shall not be liable for any civil damages for any action or actions done while performing duty as a surrogate parent, except for acts or omissions to act constituting gross, willful, or wanton negligence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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STONE MOUNTAIN MEMORIAL ASSOCIATION -- POLICE POWERS; ORDINANCES; SECURITY OFFICERS; COURTS.
Code Section 12-3-194.1 Enacted. No. 385 (Senate Bill No. 133). AN ACT
To amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to empower the association to exercise certain police powers of the state; to provide for the adoption and enforcement of reasonable ordinances by the association; to authorize the association to appoint security officers; to provide that such security officers are authorized and empowered to enforce and make arrests for violations of such ordinances; to provide that the prosecution, trial, and punishment for violations of such ordinances shall be governed by certain provisions of Article 4 of Chapter 10 of Title 15; to provide that the several courts of DeKalb County shall have jurisdiction to hear, try, and review offenses which violate such 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. Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," is amended by inserting after Code Section 12-3-194 a new Code Section 12-3-194.1 to read as follows:
"12-3-194.1. (a) The association is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all user and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state.
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(b) The association shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Stone Mountain Park, including, without limitation, ordinances adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372, for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of the State of Georgia. The association is authorized to appoint security officers, who are authorized and empowered to serve and execute warrants and to make arrests for violation of ordinances adopted by the association. Within the limits of Stone Mountain Park, such security officers shall have the same authority, powers, and privileges regarding enforcement of laws as sheriffs of this state. Prosecutions for violations of the ordinances of the association shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The association may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.
(c) For purposes of this Code section, the Magistrate Court of DeKalb County shall have jurisdiction and authority to hear and try those offenses occurring within the limits of Stone Mountain Park which violate the ordinances of the association and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of DeKalb County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of DeKalb County for jury trial by any defendant charged with one or more violations of the ordinances of the association. The Superior Court of DeKalb County shall have jurisdiction to review all convictions by certiorari to the superior court. The jurisdiction and authority of the courts of DeKalb County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided.
(d) The Stone Mountain Memorial Association shall continue the practice of stocking, restocking and sales of confederate memorabilia."
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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
OSTEOPATHIC MEDICAL EDUCATION LOANS -- REQUIREMENTS AND PROCEDURES.
Code Section 20-3-475 Amended.
No. 386 (Senate Bill No. 185).
AN ACT
To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants with respect to postsecondary education, so as to revise comprehensively the provisions relating to grants for attendance at colleges of osteopathic medicine; to declare legislative findings and purpose; to provide for making service cancelable education loans to Georgia resident students enrolled in colleges of osteopathic medicine who plan to practice primary care medicine in a medically underserved area; to specify certain amounts, terms, conditions, and interest rates and authorize establishment of rules, regulations, and procedures relative to such loans; to authorize guaranty of such loans; to provide for administration of funds and loan accounts; to provide for applicability; 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:
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Section 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants with respect to postsecondary education, is amended by striking in its entirety Subpart 9 of Part 3, which reads as follows:
"Subpart 9
20-3-475. (a) The authority shall establish a program of grants to Georgia residents for attendance at colleges of osteopathic medicine which have entered into contracts as provided in subsection (b) of this Code section. The program shall be administered by the authority in accordance with this subpart and such rules and regulations of the board of regents relating to the program as may be established by the board of regents.
(b) The board of regents may contract with any of the colleges listed in this Code section. The terms of such a contract shall provide that the college will hold open one or more places for Georgia residents selected to receive grants and that the board of regents will pay the amount of the grant awarded to each student to the college on behalf of the recipient student. Such contracts may be entered into by the board of regents with any of the following colleges:
(1) The Southeastern College of Osteopathic Medicine;
(2) The Kansas City College of Osteopathic Medicine;
(3) The Kirksville College of Osteopathic Medicine;
(4) The Chicago College of Osteopathic Medicine; and
(5) The College of Osteopathic Medicine and Surgery in Des Moines, Iowa.
(c) Such grants shall not be awarded to more than 15 Georgia residents in any one year; and the maximum amount of each grant shall be $10,000.00 per recipient per year.
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(d) Each grant shall be in the form of a cancelable loan. Each recipient shall agree to practice primary care medicine in a medically underserved area designated by the authority for a period of one year for each year for which a grant is received. The recipient's repayment obligation shall be canceled upon completion by the recipient of practice in a medically underserved area for a number of years equal to the number of years for which the recipient received a grant.
(e) In order to be eligible to receive a grant, a Georgia resident must be accepted for enrollment by a participating college, must enter into a cancelable loan agreement, and must meet such other criteria as may be established by the board of regents.",
and inserting in lieu thereof a new Subpart 9 to read as follows:
"Subpart 9
20-3-475. The General Assembly finds that at times areas of the state have an inadequate supply of persons who are licensed to practice primary care medicine. It is the purpose of this subpart to increase the number of Georgia resident students who enroll in out-of-state colleges of osteopathic medicine in the hope that a substantial portion of that number will, following graduation, return to Georgia and practice primary care medicine in an approved medically underserved area of the state or approved hospital or facility and thereby provide an increased level of primary medical care available to the people of this state.
20-3-476. (a) To the extent provided for by the General Assembly in annual appropriations Acts, the authority is authorized under this subpart to make service cancelable education loans to residents of Georgia who are enrolled or accepted for enrollment in colleges of osteopathic medicine located within the United States, provided the college is accredited or provisionally accredited by the Bureau of Professional Education of the American Osteopathic Association and that graduates from the program of medical education in the college are eligible to apply for licensure by the Composite State Board of Medical Examiners.
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(b) The authority is authorized to enter into agreements with such colleges as may be appropriate to accomplish the purposes of this subpart, including, without limitation, agreements whereby a college will hold open one or more admission places for qualified Georgia residents who may be selected to receive a cancelable loan under this subpart.
(c) The osteopathic medical loan program shall be administered by the authority in accordance with this subpart and reasonable rules, regulations, and procedures established by the authority. Without limiting the generality of the foregoing, the authority is authorized to establish applicant eligibility and priority requirements, require a personal interview with applicants, determine individual loan amounts, and determine the apparent ability, character, and qualifications of applicants and their fitness to become recipients of a loan, including consideration of their home area in Georgia and the likelihood, if determinable, that they will return and practice their profession in an area or at a site in Georgia that will likely enable them to repay their loans in services. The amount of loan made to an applicant shall not exceed the applicant's need for financial assistance as determined by the authority. The authority is authorized to give preference among qualified applicants to those who appear to be least able to pay costs associated with attendance at college.
(d) The principal amount of loans that may be made to a full-time student pursuant to provisions of this subpart shall not exceed $10,000.00 per academic year of study. A student may receive loan assistance pursuant to this subpart for not more than four academic years of study. Loan proceeds shall be disbursed at such times and in such manner as prescribed by the authority and may be disbursed, in full or in part, to the college in which the student borrower is enrolled to the credit of and for and on behalf of the student.
(e) Loans made pursuant to this subpart shall be conditioned upon the recipients' agreements in writing to repay the loans in services to the public through the practice of primary care medicine in an area of the state that is approved by the authority for purposes of this subpart as being a medically underserved area or in a hospital or facility
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GENERAL ACTS AND RESOLUTIONS, VOL. I
operated by or under the jurisdiction of the Department of Human Resources or the Department of Offender Rehabilitation. Loans shall bear interest at the rate of 12 percent per annum from each date of disbursement of loan proceeds by the authority. For each year of practice by a loan recipient of primary care medicine in an authority approved area, hospital, or facility, the loan recipient shall be given credit for repayment of loan amounts received by the recipient under this subpart for one academic year of study or its equivalent as a full-time student. To the extent that loans made under this subpart are repaid in approved services rendered, all interest due the authority on such loans shall likewise be canceled. Loans made under this subpart that are not repaid in approved services rendered shall, together with interest thereon, be repaid to the authority in cash at times prescribed by the authority. Each applicant shall, before receiving the proceeds of a loan, enter into a written agreement with the authority, execute a promissory note, or sign such other documents as may be required by the authority, the terms and conditions of which shall be in accordance with and designed to accomplish the purposes of this subpart.
(f) If a loan applicant under this subpart is eligible to receive a guaranteed education loan in accordance with the provisions of Part 2 of this article and the federal act, the authority is authorized in its discretion to lend all or a portion of the loan amount approved for the applicant under this subpart to the applicant as a guaranteed educational loan pursuant to Part 2 of this article and the federal act. In such cases, the provisions of Part 2 of this article and the federal act shall govern all terms and conditions of the loan; provided, however, that the right of the recipient to repay such loan through services rendered to the state as provided for in this subpart shall not be diminished.
(g) The making of service cancelable loans to osteopathic medical students under this subpart shall not be construed to contravene provisions of paragraph (1) of subsection (b) of Code Section 20-3-374.
(h) Funds made available to the authority for purposes of this subpart but not used for such purposes during any fiscal year and loans previously made by the authority as
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to which the borrower no longer has a right to repay through services rendered shall become a part of the general loan fund of the authority provided for in Code Section 20-3-373."
Section 2. This Act shall become effective upon its approval by 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 27, 1985.
LIVING WILLS -- PREPARATION BY MEDICAL FACILITIES.
Code Section 31-32-9 Amended.
No. 387 (Senate Bill No. 191).
AN ACT
To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that no hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills unless specifically requested to do so by a person desiring to execute a living will; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking subsection (d) of Code Section 31-32-9, relating to the prohibition of health care facilities preparing living wills, in its entir-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ety and substituting in lieu thereof a new subsection (d) to read as follows:
"(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 unless specifically requested to do so by a person desiring to execute a living will."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
TAX COLLECTORS AND TAX COMMISSIONERS -- MINIMUM SALARIES.
Code Section 48-5-183 Amended.
No. 388 (Senate Bill No. 199).
AN ACT
To amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of such officers; to 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 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collec-
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tor and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such officer shall receive an annual salary, payable in equal monthly installments from the funds of 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 - 199,999 200.000 - 299,999 300.000 and up
Minimum Salary $12,025.00 15.025.00 16.940.00 18.040.00 19.540.00 21.790.00 25.555.00 29.305.00 31.460.00 38.500.00
(2) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective January 1, 1986, each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:
Population 0 - 5,999
6,000- 11,999 12.000- 19,999 20.000- 29,999 30.000- 39,999 40.000- 49,999 50,000 - 99,999 100.000 - 199,999 200.000 - 295,000 295.001 and up
Minimum Salary $13,228.00 16.528.00 18.634.00 19.844.00 21.494.00 23.969.00 28.111.00 32.236.00 36.606.00 42,350.00"
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
"BELOW COST SALES ACT" -- ENACTED; SALES OF OCTANE OR CETANE RATED FUELS FOR MOTOR VEHICLES.
Code Sections 10-1-250 through 10-1-256 Enacted.
No. 389 (Senate Bill No. 108).
AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit certain practices in connection with the sale of octane or cetane rated fuels for use in the propulsion of motor vehicles; to provide for a short title; to provide for definitions; to provide that certain transfer prices shall be deemed to be reasonable under certain circumstances; to provide for the method of calculating cost; to prohibit the sale of certain products at a price below cost; to prohibit certain discrimination in prices; to prohibit certain practices; to provide for exceptions; to provide for actions; to provide for injunctions and temporary restraining orders; to provide for damages; to provide for practices, procedures, and limitations on certain actions; to provide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding, following Article 9, a new Article 9A to read as follows:
GEORGIA LAWS 1985 SESSION
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"ARTICLE 9A
10-1-250. This article may be cited as the 'Below Cost Sales Act.'
10-1-251. As used in this article, the term:
(1) 'Person' means an individual, partnership, association, corporation, joint-stock company, or business trust.
(2) 'Product' means octane or cetane rated fuels for use in the propulsion of motor vehicles.
(3) 'Purchase' includes any acceptance or receipt of product by a person from a related entity.
(4) 'Related entity' of a person means any person who, directly or through an affiliated person, holds more than 50 percent of the assets or voting securities of such person.
(5) 'Sale' or 'to sell' includes any transfer or delivery of product to a person from a related entity.
10-1-252. For the purposes of this article, a transfer price from a related entity to a person is reasonable (1) if it is the same or greater than the price that such related entity contemporaneously charges unrelated persons at the same level of distribution and in the same geographic area as the person for a similar volume of product of like grade and quality or (2) if it is arrived at by including all uniform costs imposed upon purchasers in the operation of the retail business as determined pursuant to generally accepted accounting principles.
10-1-253. For the purposes of this article, 'cost' shall be computed as follows:
(1) (A) When product is purchased by a person from an independent entity, the lowest invoice cost to the person from the independent entity for product of like grade and quality within 15 days prior to the date of resale of the product by the person; or
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) When product is purchased by a person from a related entity, the lowest transfer price charged to the person for product of like grade and quality within 15 days prior to the date of resale of the product by the person, provided that the transfer price is reasonable; or
(C) If neither subparagraph (A) nor (B) of this paragraph applies, the lowest posted or published wholesale price of all sellers of product of like grade and quality normally serving the geographic area in which the person is located during the 15 days prior to the date of resale of the product by the person; plus
(2) A reasonable cost of doing business as determined pursuant to generally accepted accounting principles; plus
(3) Freight charges and any credit against federal or state motor fuel or sales tax not already included in the invoice cost, transfer price, or lowest posted or published wholesale price of the product; less
(4) All trade discounts, allowances, or rebates actually granted to the person on the product; provided, however, such trade discounts, allowances, or rebates are received on proportionally equal terms by all other customers competing in the distribution of such products.
10-1-254. (a) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, either directly or indirectly:
(1) To sell product below cost; or
(2) To discriminate in price between different purchasers of product of like grade and quality, where either or any of the purchases involved in such discrimination is in commerce in this state,
and where the effect of such below-cost sale or discrimination may be substantially to lessen competition or tend to create
GEORGIA LAWS 1985 SESSION
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a monopoly, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such below-cost sale or discrimination, or with customers of either of them. Nothing contained in this Code section shall prevent differentials which make only a due allowance for differences in the cost of refining, sale, or delivery resulting from the differing methods or quantities in which such product is sold or delivered to such purchasers. Nothing contained in this Code section shall prevent persons from selecting their own customers in bona fide transactions and not in restraint of trade. Nothing contained in this Code section shall prevent price changes, from time to time, which are in response to changing conditions affecting the market for or the marketability of product of the grade and quality concerned, such as, but not limited to, imperfect or damaged product, obsolescence of product, distress sales under court process, or sales in good faith in discontinuance of business at a particular location or with respect to the product itself.
(b) Upon proof being made in any action to enforce this article that there has been a below-cost sale or discrimination, the burden of rebutting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this article. Nothing contained in this article shall prevent a seller from rebutting the prima-facie case thus made by showing that such seller's below-cost sale or lower price or the furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor.
(c) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, to pay, grant, receive, or accept any thing of value as a commission or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of product, either to the other party to such transaction or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf of or is subject to the direct or indirect control of any party to such transaction other than the person by whom such compensation is granted or paid.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state to pay or contract for the payment of any thing of value to or for the benefit of a customer of such person in the course of such sales as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of product refined, sold, or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such product.
(e) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, to discriminate in favor of one purchaser against another purchaser or purchasers of product bought for resale, with or without processing, by contracting to furnish, furnishing, or contributing to the furnishing of any services or facilities connected with the processing, handling, sale, or offering for sale of such product so purchased upon terms not accorded to all purchasers on proportionally equal terms.
(f) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, knowingly to induce or receive a below-cost or discriminatory price which is prohibited by this article.
10-1-255. (a) Any person who sustains or is threatened with competitive injury by reason of a violation of this article may maintain an action in any superior court of this state having jurisdiction over the defendant to enjoin such violation.
(b) In addition to the action provided in subsection (a) of this Code section, any person who sustains a competitive injury by reason of a violation of this article may maintain an action in any court of this state having jurisdiction over the defendant to recover the actual, or special damages sustained thereby, including, but not limited to, reasonable attorneys' fees and costs of litigation. No other damages of any kind shall be available in such an action, including, without limitation, punitive damages.
(c) A claim for damages for violation of this article may be asserted in an individual action only and may not be
GEORGIA LAWS 1985 SESSION
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the subject of a class action under Code Section 9-11-23 or any other provisions of law. It is the intention of the General Assembly that this prohibition against class actions is an integral substantive provision of this article, and that its unenforceability for any reason in any action shall preclude the recovery of damages in such action.
(d) At any time subsequent to the filing of an action for damages under this article, and prior to any award of such damages, the defendant may make a written tender of settlement to the complaining person. If the complaining person is awarded no damages or less damages than the amount of the written tender of settlement, the complaining person shall under no circumstances be entitled to recover any costs of the litigation, including attorneys' fees, that were incurred after the date of the written tender of settlement. All written tenders of settlement that are made pursuant to this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter.
(e) Any action brought under this article must be brought within two years of the date of the alleged violation. All other actions are forever barred.
10-1-256. It is the intent of the General Assembly that, in construing Code Section 10-1-254, due consideration and great weight be given to the interpretation of the federal courts relating to Section 2 of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. Sections 13(a)-(f)."
Section 2. All laws and parts of laws in conflict with this Act are repealed; provided, however, nothing contained in this Act shall be construed to repeal any part of Article 9 of Chapter 1 of Title 10, it being the intent of the General Assembly that this Act shall be in addition to said Code sections.
Approved March 27, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
INSURANCE -- BLIND PERSONS; UNFAIR PRACTICES. Code Section 33-6-5 Amended. No. 390 (Senate Bill No. 204). AN ACT
To amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices in insurance, so as to prohibit insurers from refusing or refusing to continue to insure an individual, limiting coverage to an individual, or charging an individual a different rate for coverage solely because the individual is blind or partially blind; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices in insurance, is amended by striking paragraphs (8) and (9) in their entirety and inserting in lieu thereof new paragraphs (8) and (9) to read as follows:
"(8) No insurance company shall cancel, modify coverage, refuse to issue, or refuse to renew any property or casualty insurance policy solely because the applicant or insured or any employee of either is mentally or physically impaired, provided that this paragraph shall not apply to accident and sickness insurance policies sold by a casualty insurer; provided, further, that this paragraph shall not be interpreted to modify any other provision of this title relating to the cancellation, modification, issuance, or renewal of any insurance policy or contract;
(9) No insurance company, when selling salvage motor vehicles, major component parts, or parts, shall sell to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43; and",
GEORGIA LAWS 1985 SESSION
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and by adding after paragraph (9) a new paragraph (10) to read as follows:
"(10) No insurer shall refuse to insure an individual, refuse to continue to insure an individual, limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for coverage solely because the individual is blind or partially blind."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
STONE MOUNTAIN MEMORIAL ASSOCIATION -- MEMBERSHIP.
Code Section 12-3-193 Amended.
No. 391 (Senate Bill No. 205).
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 association; 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 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Mountain Memorial Association, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) The association shall be composed of the Secretary of State, the commissioner of natural resources, and five
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GENERAL ACTS AND RESOLUTIONS, VOL. I
members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor shall be appointed for a term of four years and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term beginning July 1,1985, and ending December 31,1987, and until the appointment and qualification of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term."
Section 2. Only for purposes of making the initial appointment provided for in this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective July 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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COUNTY BOARDS OF EDUCATION -- CHAIRMEN; TERMS; ORGANIZATION.
Code Section 20-2-57 Amended.
No. 392 (Senate Bill No. 207).
AN ACT
To amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of the county board of education and selection of a chairman, so as to provide that the board shall be called together for organization; to allow local Acts to designate the length of a term as chairman of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of the county board of education and selection of a chairman, is amended by striking in its entirety subsection (a) of said Code section and inserting in its place a new subsection (a) to read as follows:
"(a) Upon being called together by some one of their number, the members of the county board shall organize by selecting one of their number as chairman, who, unless otherwise provided by local law, shall serve 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."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
EMERGENCY MANAGEMENT DIVISION OF THE DEPARTMENT OF DEFENSE -- TITLE OF THE DEPUTY
DIRECTOR CHANGED TO "EXECUTIVE DIRECTOR."
Code Section 38-3-20 Amended.
No. 393 (Senate Bill No. 213).
AN ACT
To amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Division of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Division of the Department of Defense and the appointment of the director and deputy director of the division, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The Governor shall appoint an executive director of emergency management to assist the director in the discharge and performance of his duties and, in the event of a temporary vacancy in the office of director of emergency
GEORGIA LAWS 1985 SESSION
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management or in his absence or disability for any reason, the executive director shall perform all of the duties required of the director. He shall hold office at the pleasure of the Governor, who shall fix his compensation. The executive director of emergency management shall hold no other state office."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
"TRANSPORTATION OF HAZARDOUS MATERIALS ACT" -- REPEALED AND REENACTED; TRANSFER TO THE PUBLIC SERVICE COMMISSION.
Code Title 32, Chapter 6, Article 7 Repealed.
Code Title 46, Chapter 11 Enacted.
No. 394 (Senate Bill No. 214).
AN ACT
To repeal Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the "Transportation of Hazardous Materials Act"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for findings of the General Assembly; to designate a responsible state agency; to provide for the regulation of shippers and carriers of hazardous materials on the public roads of this state; to provide for definitions; to provide for rules and regulations governing such transportation; to provide for permits; to provide for the authority to stop and inspect vehicles; to provide recovery from responsible persons in case of discharge or threatened discharge of such materials; to provide penalties for violations; to provide enforcement au-
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thority; to provide for legislative intent; to provide for the transfer of pending actions and investigations; to provide that certain rules and regulations shall remain in full force and effect; 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| Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the "Transportation of Hazardous Materials Act," is repealed in its entirety.
Section 2. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by adding a new Chapter 11 at the end thereof to read as follows:
"CHAPTER 11
46-11-1. This chapter shall be known and may be cited as the 'Transportation of Hazardous Materials Act.'
46-11-2. The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Public Service Commission is designated as the agency to implement this chapter.
46-11-3. As used in this chapter, the term:
(1) 'Carrier' means any person engaged in the transportation on the public roads of this state of goods or property in, to, or through this state, whether or not such transportation is for hire.
(2) 'Commission' means the Public Service Commission.
(3) 'Hazardous material' means and includes radioactive materials, liquified natural gas (LNG), and polychlorinated biphenyl (PCB).
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(4) 'Person' means and includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government or any other entity and includes any officer, agent, or employee of any of the above.
(5) 'Shipper' means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods or property.
46-11-4. (a) Notwithstanding any other provision of law to the contrary, any person transporting hazardous material on the public roads of this state shall be subject to the requirements of this chapter.
(b) No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for transportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules and regulations promulgated by the commission pursuant to this chapter and consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Human Resources, and state fire marshal, applicable to such persons.
(c) The commission shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commission or its designee in accordance with such rules and regulations.
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(d) Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.
(e) No transportation of hazardous material shall take place in or through this state until the commission or its designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commission or its designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare, or the environment. The commission is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law.
(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the commission who has been given enforcement authority by the commission.
(g) For just cause, including, but not limited to, repeated and consistent past violations, the commission may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee.
(h) (1) The commission or the official designated by the commission, pursuant to this Code section and the rules and regulations developed by the commission, may issue an annual permit which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date the permit is issued.
(2) The commission or the official designated by the commission, pursuant to this Code section, and the rules and regulations developed by the commission may issue a single-trip permit to any vehicle.
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(i) The commission may charge a fee for the issuance of permits. The fee for the issuance of annual trip permits shall be $100.00. Annual trip permits previously issued by the Department of Transportation during calendar years 1984 and 1985 shall be valid until the date of expiration shown on the permit unless canceled, suspended, or revoked prior to the date of expiration by the commission. The fee for the issuance of single-trip permits shall be established by rules and regulations promulgated by the commission.
(j) For purposes of this chapter, the commission is expressly authorized to contract with the Department of Public Safety, the Department of Human Resources, or other state agencies or departments to perform any activities necessary to implement this chapter.
(k) Notwithstanding any other provisions of this chapter, the commission is authorized to establish such exceptions or exemptions from the requirements of this chapter, or any provision hereof, for such kinds, quantities, types, or shipments of hazardous materials as it shall deem appropriate, consistent with the protection of the public health, safety, and welfare.
(l) This chapter shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Human Resources pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this chapter apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the United States Department of Defense where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies.
(m) This chapter shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.
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(n) In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge Or threatened discharge, including reasonable attorney's fees incurred with respect to recovery.
(o) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commission and shall for all persons subject to this chapter, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations.
(p) In addition to any other liability imposed by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
46-11-5. The commission is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.
46-11-6. (a) The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commission. The traveling expenses of the commission and its employees incurred in the implementation of this chapter shall be paid out of the funds derived under this chapter.
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(b) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof."
Section 3. (a) It is the intention of the General Assembly that the Public Service Commission replace the Department of Transportation as the responsible state agency to regulate and enforce the laws of this state relating to the transportation of hazardous materials.
(b) All actions and investigations pending in the Department of Transportation pursuant to Article 7 of Chapter 6 of Title 32 on June 30, 1985, and all books, papers, and records attaching to such actions and investigations are transferred to the Public Service Commission effective July 1, 1985.
(c) All rules and regulations promulgated by the Department of Transportation pursuant to Article 7 of Chapter 6 of Title 32 prior to July 1, 1985, shall remain in full force and effect until amended or repealed by the Public Service Commission.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS -- LICENSES; CONFIDENTIAL INFORMATION.
Code Sections 26-5-2 through 26-5-18 Amended. No. 395 (Senate Bill No. 219). AN ACT
To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to change the purpose from ensuring that persons offering treatment are qualified to do so to that of ensuring that the governing body operating a treatment program is licensed to do so; to change certain definitions; to change certain licensure provisions; to change the requirements relative to issuing a notice and requesting a hearing on the denial, suspension, or revocation of a license; to provide that certain information be classified as "confidential" and provide conditions for the release of such confidential information upon the issuance of a court order following a show-cause hearing; 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 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by striking Code Section 26-5-2, relating to legislative intent, and inserting in its place a new Code Section 26-5-2 to read as follows:
"26-5-2. The purpose of this chapter is to provide for the classification and systematic evaluation of various programs designed for the treatment and therapeutic rehabilitation of drug-dependent persons; to ensure that every governing body which operates a drug abuse treatment and education program is licensed to do so; and to meet the rehabilitative needs of drug-dependent persons while safeguarding their individual liberties."
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Section 2. Said chapter is further amended by striking paragraphs (2) through (9) of Code Section 26-5-3, relating to definitions, and inserting in their place new paragraphs (2) through (8) to read as follows:
"(2) 'Drug abuse treatment and education program' means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug-dependent persons and shall include programs offered in the following types of facilities:
(A) Residential care centers. A facility staffed by professional and paraprofessional persons offering treatment or therapeutic programs for drug-dependent persons who live on the premises; and
(B) Nonresidential care centers. A non-live-in facility, staffed by professional and paraprofessional persons, offering treatment or therapeutic programs for drug-dependent persons who do not live on the premises.
(3) 'Drug-dependent person' means a person who is in imminent danger of becoming dependent upon or addicted to the use of drugs or who habitually lacks self-control as to the use of drugs or who uses drugs to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted.
(4) 'Drugs' means any substance defined as a drug by federal or Georgia law or any other chemical substance which may be used in lieu of a drug to obtain similar effects, with the exception of alcohol and its derivatives.
(5) 'Governing body' means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls the program and who is legally responsible for the operation.
(6) 'License' means the official permit issued by the director which authorizes the holder to operate a drug abuse treatment and education program for the term provided therein.
(7) 'Licensee' means any person holding a license issued by the director under this chapter.
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(8) 'Program' means the drug abuse treatment and education program."
Section 3. Said chapter is further amended by striking Code Section 26-5-4, relating to program classification, and inserting in its place a new Code Section 26-5-4 to read as follows:
"26-5-4. The department is authorized to classify all programs within the state according to the character and range of services provided."
Section 4. Said chapter is further amended by striking Code Section 26-5-5, relating to minimum standards, and inserting in its place a new Code Section 26-5-5 to read as follows:
"26-5-5. The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations:
(1) Adequate and safe buildings or housing facilities where programs are offered;
(2) Adequate equipment for the delivery of programs;
(3) Sufficient trained or experienced staff who are competent in the duties they are to perform;
(4) The content and quality of services to be provided;
(5) Requirements for intake, discharge, and aftercare of drug-dependent persons;
(6) Referral to other appropriate agencies;
(7) Continuing evaluation of the effectiveness of programs;
(8) Maintenance of adequate records on each drugdependent person treated or advised; and
(9) A formal plan of cooperation with other programs in the state to allow for continuity of care for drug-dependent persons."
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Section 5. Said chapter is further amended by striking Code Section 26-5-6, relating to promulgation of rules and regulations, and inserting in its place a new Code Section 26-5-6 to read as follows:
"26-5-6. The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this chapter."
Section 6. Said chapter is further amended by striking Code Section 26-5-7, which reads as follows:
"26-5-7. No person shall establish, conduct, operate, or participate in a program within this state unless such program is currently licensed by the director and operating in conformity with all relevant laws including the rules and regulations promulgated by the director. However, the provisions of this chapter shall not apply to those persons licensed under Article 2 of Chapter 34 of Title 43.",
and substituting in lieu thereof a new Code Section 26-5-7 to read as follows:
"26-5-7. No governing body shall operate a drug abuse treatment and education program without having a valid license or provisional license issued pursuant to this chapter."
Section 7. Said chapter is further amended by striking Code Section 26-5-8, relating to licensure compliance, and inserting in its place a new Code Section 26-5-8 to read as follows:
"26-5-8. (a) Application for a license to operate a program shall be submitted by the governing authority to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant.
(b) Proof of compliance with all applicable federal and state laws for the handling and dispensing of drugs and all state and local health, safety, sanitation, building, and zoning codes shall be attached to the application submitted to the department."
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Section 8. Said chapter is further amended by striking Code Section 26-5-9, relating to temporary licenses, and inserting in its place a new Code Section 26-5-9 to read as follows:
"26-5-9. The department may issue a provisional license effective for a period not to exceed 90 days to each applicant who has substantially complied with all requirements for a regular license. Provisional licenses shall be renewed in the discretion of the department only in cases of extreme hardship and in no case for longer than 90 days. The obligations and conditions of a provisional license shall be the same as those of a regular license except as otherwise provided for in this chapter."
Section 9. Said chapter is further amended by striking Code Section 26-5-10, relating to automatic licensure, and inserting in its place a new Code Section 26-5-10 to read as follows:
"26-5-10. The department may, upon submission of an application, with proof of accreditation by a voluntary accreditation agency approved by the department, issue a license based upon the findings of the accreditation agency. The license may be issued without an on-site visit by the department representative. Any denial, suspension, or revocation of the voluntary accreditation agency shall result in an automatic revocation or suspension of the license issued under this Code section, and the holder must apply for a new license as provided for in this chapter."
Section 10. Said chapter is further amended by striking Code Section 26-5-11, relating to conditions for issuance of license, and inserting in its place a new Code Section 26-5-11 to read as follows:
"26-5-11. The department shall issue a license to a governing body for any program which meets all the rules and regulations for the class of license applied for. The license shall be nontransferable for a change of location or governing body."
Section 11. Said chapter is further amended by striking Code Section 26-5-12, relating to records, and inserting in its place a new Code Section 26-5-12 to read as follows:
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"26-5-12. Subject to the limitations of Code Section 265-17, the department may require at reasonable intervals, and each licensee shall furnish copies of complete records of each drug-dependent person treated or advised pursuant to a program."
Section 12. Said chapter is further amended by striking Code Section 26-5-13, relating to inspection, and inserting in its place a new Code Section 26-5-13 to read as follows:
"26-5-13. Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be made."
Section 13. Said chapter is further amended by striking Code Section 26-5-14, which reads as follows:
"26-5-14. The director may deny, suspend, or revoke any license applied for or issued under this chapter if after notice and opportunity for hearing the applicant or licensee has:
(1) Violated this chapter;
(2) Violated any federal or state law relating to the use or abuse of drugs;
(3) Violated any rule or regulation by the director pertaining to licensing of programs;
(4) Violated any state or local law, ordinance, or regulation pertaining to public health, safety, or sanitation or any building or zoning code; or
(5) Submitted false information to the director which is related and material to the requirements of applying for or holding a license.",
and inserting in lieu thereof a new Code Section 26-5-14 to read as follows:
"26-5-14. The department may deny any license applied for under this chapter that does not fulfill the minimum
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requirements which the department may prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates any of such rules and regulations; provided, however, that before any order is entered denying a license applied for or suspending or revoking a license previously granted, the applicant or license holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' "
Section 14. Said chapter is further amended by striking Code Section 26-5-15, relating to denial, suspension, or revocation, and inserting in its place a new Code Section 26-5-15 to read as follows:
"26-5-15. Notice of a proposed denial, suspension, or revocation of a license shall be provided in writing by the department to any licensee so affected within 90 days after the application is filed or the grounds are discovered. Within ten days from receipt of such notice, the licensee so affected may request a hearing before the department. Upon receipt of such request for hearing in proper form, the department shall schedule a hearing within a reasonable time, but not later than 90 days."
Section 15. Said chapter is further amended by striking Code Section 26-5-16, relating to administrative hearings, and inserting in its place a new Code Section 26-5-16 to read as follows:
"26-5-16. The promulgation of rules and regulations, the conduct of administrative hearings, and judicial review of the department's actions shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' "
Section 16. Said chapter is further amended by striking Code Section 26-5-17, relating to confidentiality, and inserting in its place a new Code Section 26-5-17 to read as follows:
"26-5-17. For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug-dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under
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this chapter shall be confidential and shall not be revealed except to the extent authorized in writing by the drug-dependent person affected; furthermore, any communication by such drug-dependent persons to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made."
Section 17. Said chapter is further amended by striking Code Section 26-5-18, relating to injunctive powers, and inserting in its place a new Code Section 26-5-18 to read as follows:
"26-5-18. The department is authorized to enforce this chapter and the rules and regulations promulgated under this chapter by injunction. Any violation of this chapter or any rule or regulation promulgated under this chapter shall be a nuisance per se; and it shall not be necessary to allege or prove the exhaustion of remedies at law to obtain an injunction under this Code section."
Section 18. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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CRIMINAL TRESPASS; CRIMINAL DAMAGE TO PROPERTY IN THE SECOND DEGREE -- AMOUNT OF DAMAGE.
Code Sections 16-7-21 and 16-7-23 Amended.
No. 396 (Senate Bill No. 240).
AN ACT
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $500.00 or less; to provide that a person commits the offense of criminal damage to property in the second degree when he intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00; 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 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking subsection (a) of Code Section 16-7-21, relating to criminal trespass, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $500.00 or less, or knowingly and maliciously interferes with the possession or use of the property of another person without his consent."
Section 2. Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 16-7-23, relating to criminal damage to property in the second degree, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00;".
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
MOTOR VEHICLES -- TITLE APPLICATION FEES; FEES OF COUNTY TAG AGENTS.
Code Sections 40-3-36 and 40-3-37 Amended.
No. 397 (House Bill No. 55).
AN ACT
To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the fee charged for filing an application for a certificate of title and notice of a security interest or lien; to change the fee retained by county tag agents for handling applications; 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 40 of the Official Code of Georgia Annotated, relating to certificates of title, is amended by striking subsection (c) of Code Section 40-3-36, relating to certain fees, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be paid a fee of $5.00 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."
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Section 2. Said article is further amended by striking Code Section 40-3-37, relating to services and compensation of tag agents, and inserting in lieu thereof a new Code Section 40-337 to read as follows:
"40-3-37. The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-22 and to allow such county tag agents to retain a fee therefor not in excess of 50^ for each application handled, such fee to be disposed of as other tag fees retained by him as tag agent are disposed of in his county. Any applicant for a title shall have the right to mail the application directly to the Department of Revenue."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
DEPARTMENT OF PUBLIC SAFETY -- ACCEPTANCE OF DONATIONS OR CONVEYANCES.
Code Sections 35-2-40 and 35-2-41 Amended.
Code Section 35-2-41.1 Enacted.
No. 398 (House Bill No. 58).
AN ACT
To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to set forth procedures and requirements which shall be adhered to prior to the acceptance by the Department of Public Safety of donations or conveyances of property, equipment, or services; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking Code Section 35-2-40, relating to property and equipment of the Department of Public Safety, and inserting in lieu thereof a new Code section to read as follows:
"35-2-40. In the event any district or division headquarters is established by the commissioner, he shall be authorized, with the approval of the board, to purchase, lease, or construct proper quarters or barracks for the men and equipment at such district or division, and to this end may contract with municipalities, persons, or corporations in the name of the state. Subject to the provisions of Code Section 50-16-38 and Code Section 35-2-40.1, the board is authorized to accept in the name and on behalf of the state any property, equipment, or service that may be donated for use at headquarters or any division or district thereof which may be of value to any division of the department."
Section 2. Said chapter is further amended by striking Code Section 35-2-41, relating to the conveyance of property by municipalities and counties to the Department of Public Safety, and inserting in lieu thereof a new Code section to read as follows:
"35-2-41. Subject to the provisions of Code Section 352-41.1, any municipality or county of this state is authorized to purchase and convey property by deed, gift, rent, or lease for the use of the department for division or district headquarters. If the deed from the municipality or county to the property to be used for such headquarters contains a reversionary clause to the effect that the property shall revert to the municipality or county in the event it ceases to be used for the headquarters, the commissioner shall not be authorized to enter into any contract or agreement relative to the construction of quarters, barracks, or other facilities for such headquarters which shall, in any manner whatsoever, obligate the department to pay for more than onehalf the costs of construction of the quarters, barracks, or other facilities. Any such contract or agreement must be approved by the board."
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Section 3. Said chapter is further amended by adding between Code Section 35-2-41 and Code Section 35-2-42 a new Code Section 35-2-41.1 to read as follows:
"35-2-41.1. (a) Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the department shall be made in writing through command channels to the commissioner. If the commissioner approves the offer, he shall submit a written proposal of the offer to the board for its approval. A copy of the formal proposal shall be forwarded by the commissioner to the Office of Planning and Budget and the legislative budget analyst, either of which may comment on the proposal.
(b) Title to real property shall be in the State of Georgia for the use of the Department of Public Safety. No member of the department shall be authorized to accept any donation or conveyance of property, equipment, or services unless the provisions of this Code section have been complied with and until the board has approved the donation or conveyance."
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 27, 1985.
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TAX RECEIVERS, TAX COLLECTORS, AND TAX COMMISSIONERS -- QUALIFICATIONS; VACANCIES.
Code Sections 48-5-100 and 48-5-120 Repealed.
Code Section 48-5-210 Enacted.
No. 399 (House Bill No. 75).
AN ACT
To amend Article 3 of Chapter 5 of Title 48 of the O.C.G.A., relating to county tax officials and administration, so as to provide for the qualifications of the office of tax receiver, tax collector, or tax commissioner and for terms of office of said officers; to provide the procedures for filling vacancies; 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 3 of Chapter 5 of Title 48 of the O.C.G. A., relating to county tax officials and administration, is amended by repealing Code Section 48-5-100, which reads as follows:
"48-5-100. Tax receivers shall be elected at the time, in the manner, and for the terms of office prescribed in Title 21. They shall be commissioned and qualified as clerks of the superior court are commissioned and qualified under Title 15. Vacancies in the office of tax receiver shall be filled as vacancies in the office of clerks of the superior court are filled.",
in its entirety and substituting in lieu of said repealed Code section the following:
"48-5-100. Reserved."
Section 2. Said article is further amended by repealing Code Section 48-5-120, which reads as follows:
"48-5-120. Tax collectors shall be elected at the time, in the manner, and for the terms of office prescribed in Title
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21. They shall be commissioned and qualified as clerks of the superior court are commissioned and qualified under Title 15. Vacancies in the office of tax collector shall be filled as vacancies in the office of such clerks are filled.",
in its entirety and substituting in lieu of said repealed Code section the following:
"48-5-120. Reserved."
Section 3. Said article is further amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
48-5-210. (a) County tax receivers, tax collectors, and tax commissioners shall be elected by the voters of their respective counties at the time and in the manner provided by law. Each such officer shall be elected for a term of four years.
(b) (1) No person shall be eligible to offer for election to or hold the office of tax receiver, tax collector, or tax commissioner unless the person:
(A) Is a citizen of the United States;
(B) Is a resident of the county in which the person seeks office for at least two years prior to qualifying for election to the office and remains a resident of such county during the term of office;
(C) Is a registered voter;
(D) Has attained the age of 25 years prior to the date of qualifying for election to the office, but this subparagraph shall not apply to any person who was holding the office of tax receiver, tax collector, or tax commissioner on July 1, 1981;
(E) Has obtained a high school diploma or its recognized equivalent; and
(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to
GEORGIA LAWS 1985 SESSION
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the laws of this state, any other state, or the United States.
(2) Each person offering as a candidate for the office of tax receiver, tax collector, or tax commissioner shall file an affidavit with the judge of the probate court of the county in which the person is seeking office prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by paragraph (1) of this subsection.
(c) Vacancies in the office of tax receiver, tax collector, or tax commissioner shall be filled as in cases of vacancies in the office of clerk of the superior court."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
SALES AND USE TAX -- SOLAR ENERGY EQUIPMENT EXEMPTION.
Code Section 48-8-3 Amended.
No. 400 (House Bill No. 94).
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 extend the time period during which the sale of solar energy equipment is exempt; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, is amended by striking subparagraph (39)(B) and inserting in lieu thereof a new subparagraph (39)(B) to read as follows:
"(B) Any person making a sale for any of the purposes specified in this paragraph shall collect the tax imposed on the sale by this article and remit the tax to the commissioner. To obtain the benefits of this paragraph, the owner of the property to which the machines or equipment will be attached shall file a claim for refund with the commissioner in the manner authorized by general law and, if the commissioner determines that the requirements of this paragraph have been met, he may refund to the property owner without interest the portion of the tax paid by the purchaser which the commissioner finds to be due under this paragraph. For the purposes of this paragraph, the amount of tax paid by the purchaser shall be the amount paid to the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. The commissioner may adopt rules providing procedures for applying for the refund authorized by this paragraph and for certifying whether a particular purchase of the machines or equipment qualifies for a refund. This paragraph shall be repealed and shall be null and void effective July 1, 1990;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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GENERAL ASSEMBLY -- SALARY OF MEMBERS. Code Section 45-7-4 Amended. No. 401 (House Bill No. 78). 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 salaries of the members of the General Assembly; to provide cost-of-living increases for members of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking from paragraph (22) of subsection (a) the following:
"Each member of the General Assembly
7,200.00",
and inserting in lieu thereof the following:
"Each member of the General Assembly
10,000.00
Provided, however, that after January 1, 1987, when employees of the executive, judicial, and legislative branches of government receive a cost-of-living increase of a certain percentage, the members of the General Assembly shall receive a cost-of-living increase of one-half the percentage applicable to such state employees."
Section 2. This Act shall become effective when members of the General Assembly take office on the convening day of the regular session of the General Assembly in 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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CONSUMERS' UTILITY COUNSEL -- REPORTS TO GENERAL ASSEMBLY COMMITTEES; AUDITS BY STATE
AUDITOR; REPEAL DATE EXTENDED.
Code Sections 46-10-3 and 46-10-9 Amended.
Code Section 46-10-3.1 Enacted.
No. 402 (House Bill No. 89).
AN ACT
To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to require the consumers' utility counsel to submit a written report of the annual activities and expenditures of the counsel by December 31 of each year to the Industry Committee of the Georgia House of Representatives and the Public Utilities Committee of the Georgia Senate; to require the state auditor to perform a performance and management audit of the consumers' utility counsel prior to December 31, 1986; to extend the date on which such laws shall stand repealed; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking Code Section 46-10-3, relating to the consumers' utility counsel, generally, and inserting in lieu thereof a new Code Section 46-10-3 to read as follows:
"46-10-3. There is created the position of consumers' utility counsel, which shall be attached for administrative purposes only, as that term is defined in Code Section 504-3, to the Office of Planning and Budget. The counsel shall be appointed by the Governor and shall serve at his pleasure. The counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The counsel shall receive compensation in an amount to be determined by the Governor, but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county sup-
GEORGIA LAWS 1985 SESSION
495
plemental compensation and expenses. In addition to such compensation, the counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for state employees. No person employed as consumers' utility counsel shall engage in the private practice of law while employed as consumers' utility counsel. The consumers' utility counsel shall submit a written report of the annual activities and expenditures of the counsel. The report shall be submitted by December 31 each year and shall be submitted to the Industry Committee of the Georgia House of Representatives and to the Public Utilities Committee of the Georgia Senate."
Section 2. Said chapter is further amended by adding between Code Section 46-10-3 and Code Section 46-10-4 a new Code Section 46-10-3.1 to read as follows:
"46-10-3.1. Prior to December 31,1985, and prior to December 31, 1986, the state auditor shall perform a performance and management audit of the consumers' utility counsel. A copy of the performance and management audit shall be submitted by December 31,1985, and December 31,1986, to the Industry Committee of the Georgia House of Representatives and to the Public Utilities Committee of the Georgia Senate."
Section 3. Said chapter is further amended by striking Code Section 46-10-9, relating to the repeal of the law relating to the consumers' utility counsel, in its entirety and inserting in lieu thereof a new Code Section 46-10-9 to read as follows:
"46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, 1986."
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 27, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS -- GEORGIA ELECTION CODE AND GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 21, Chapters 2 and 3 Amended. No. 403 (House Bill No. 97).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to delete certain provisions regarding determination of a candidate's qualifications by the Secretary of State; to provide that members of the State Election Board shall receive a per diem equal in amount to the per diem received by members of the General Assembly; to provide a period of 14 days for filing notices of candidacy; to authorize the General Assembly to provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices; to change the date for certification of candidates for party nomination and the percentage of the qualifying fees remitted to the Secretary of State; to prohibit political activity by registrars and deputy registrars while performing the duties of their office; to allow completed registration cards to remain temporarily at permanent additional voter registration places; to require registrars to determine each elector's proper district; to repeal certain Code sections requiring the exchange of county and municipal lists of electors; to permit registrars to deliver absentee ballots in certain elections to persons confined in hospitals on primary and election days; to permit duly authorized investigations of the State Election Board to be within the enclosed space at the polls; to provide that delivery of an absentee ballot by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, aunt, uncle, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, sisterin-law, brother-in-law, or an individual residing in the household of such disabled elector; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (b) of Code Section 21-2-5, relating to determination of qualifications of candidates for federal and state office, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"0)) The Secretary of State upon his own motion may challenge the qualifications of any candidate. Within two days after the deadline 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."
Section 2. Said title is further amended by striking Code Section 21-2-34, relating to compensation of members of the State Election Board, and inserting in lieu thereof a new Code Section 21-2-34 to read as follows:
"21-2-34. Each member of the State Election Board shall receive a per diem in an amount equal to the per diem received by members of the General Assembly for each day or portion thereof spent in serving as members of the State Election Board. Each member of the State Election Board shall be paid his necessary traveling expenses while engaged in the business of the State Election Board."
Section 3. Said title is further amended by striking subsection (c) of Code Section 21-2-132, relating to the dates for filing notices of candidacy, and inserting in lieu thereof a new subsection (c) to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day following the fourth Wednesday in May 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 fourteenth day following the fourth Wednesday in May 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 4. Said title is further amended by striking Code Section 21-2-139, relating to nonpartisan elections for certain county offices, school boards, and school superintendents, in its entirety and inserting in lieu thereof a new Code Section 212-139 to read as follows:
"21-2-139. Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices and offices of local school boards and school superintendents which are filled by the vote of the electors of said county or political subdivision. The procedures to be em-
GEORGIA LAWS 1985 SESSION
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ployed in such nonpartisan primaries and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. The election procedures established by any existing local law which provides for the nonpartisan nomination and election of candidates to fill county offices shall conform to the general procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter, and such nonpartisan primaries and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law."
Section 5. Said title is further amended by striking subsection (c) of Code Section 21-2-153, relating to the dates for qualifying for a general primary, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday in May and shall cease qualifying at 12:00 Noon on the fourteenth day following the fourth Wednesday in May. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 6. Said title is further amended by striking Code Section 21-2-154, relating to certification of political party candidates, in its entirety and inserting in lieu thereof a new Code Section 21-2-154 to read as follows:
"21-2-154. At or before 12:00 Noon on the fifth day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Such certification shall be accompanied by one-half of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter."
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Section 7. Said title is further amended by striking subsection (a) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible for any nomination or office to be voted for at a primary or election or to qualify for any nomination or office or to have his name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of his intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for such office of tax commissioner or tax collector. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of registrars or deputy registrar, while conducting the duties of his office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, office holder, or political party or body, and wearing badges, buttons, or clothing with partisan messages."
Section 8. Said title is further amended by striking subsection (b) of Code Section 21-2-218, relating to the location of voter registration places and procedures concerning voter registration cards, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(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
GEORGIA LAWS 1985 SESSION
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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 registration 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, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be returned to the main office as expeditiously as possible. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day."
Section 9. Said title is further amended by striking subsection (b) of Code Section 21-2-227, relating to procedure for registration of persons to vote in general primaries and general elections other than November elections, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The registrars shall 30 days prior to such primary or election, other than the November general election, cease taking applications to qualify persons to vote in such primary or election and shall, as soon as practicable thereafter but in no event later than five days prior to such primary or election, pass upon such qualifications in the same manner as in other cases and file with the clerk of the superior court and the Secretary of State a certified supplemental list showing the names of additional electors who are entitled to vote
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GENERAL ACTS AND RESOLUTIONS, VOL. I
at such primary or election subsequent to the preceding November election. The registrar shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county board of education district, if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also determine the proper city commission, city council, or other such municipal district for all electors residing in such municipalities. Any person whose name appears on such list may vote at such primary or election subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235. The registrar shall purge such list before filing the names of all persons who will not be qualified to vote at such primary or election. All electors on such list shall have the same rights as to the primaries and elections held subsequent to primaries or elections as persons on the list for the preceding November election."
Section 10. Said title is further amended by striking Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, and inserting in lieu thereof a new Code Section 21-2-228 to read as follows:
"21-2-228. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day, if such date is a Sunday or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in November elections. The registrars shall then prepare a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars
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shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts as in the case of November election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county school board district, if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also determine the proper city commission, city council, or other such municipal district for all electors residing in such municipalities. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November election and the other made up of the names of those entitled to vote by reason of their subsequent registration as provided in Code Section 21-2-227, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists."
Section 11. Said title is further amended by repealing Code Section 21-2-232.2, relating to the exchange of municipality and county electors lists, which reads 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 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:
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(1) The registrar of each county shall identify those persons who appear on the municipality's list and reside in such county and do not appear on the county's 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 county's list and reside in the municipality and do not appear on the municipals ty's list and shall notify such persons by post card that they have until October 9, 1984, to register to vote in future municipal elections.",
in its entirety.
Section 12. Said title is further amended by striking Code Section 21-2-233, relating to preparation of lists of electors, and inserting in lieu thereof a new Code Section 21-2-233 to read as follows:
"21-2-233. The registrars, not later than the voter registration deadline for the November election in each evennumbered year, shall begin the work of perfecting a true and correct list of the electors of their county for use in such election. They shall place on such list only those persons they have found to be prima facie qualified to vote and those persons whom they shall subsequently find to be prima facie qualified to vote. In preparing such list, they shall examine the lists of disqualified persons furnished them and, if any applicant's or elector's name is found thereon, they shall not place his name on the electors list. If the information comes to them after the preparation and filing of the list, they shall call upon him to show cause why it should not be removed from the list. They shall also indicate on such list the names of those electors who are eligible to receive assistance in voting and who have notified the registrars of such eligibility. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county school board district, if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also
GEORGIA LAWS 1985 SESSION
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determine the proper city commission, city council, or other such municipal district for all electors residing in such municipalities. The registrars shall proceed with their work of perfecting such list of electors and shall complete the same as soon as practicable but in no event later than five days prior to the November election. On July 1, 1981, all registered electors of any municipality of this state lying wholly within the boundaries of any county of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census, who are not registered voters of such county, shall be added to the voter registration list of such county. Such electors shall thereafter be subject to this article in the same manner as other electors of such county."
Section 13. Said title is further amended by striking subsection (a) of Code Section 21-2-384, relating to preparation and delivery of absentee ballots, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 21 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital."
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Section 14. Said title is further amended by striking subsection (a) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting (if any), and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars, provided that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, aunt, uncle, brother, sister, spouse, son, daughter, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar shall then and there vote the ballot, seal it properly, and return it to the registrar."
Section 15. Said title is further amended by striking subsection (e) of Code Section 21-2-413, relating to requirements as to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) All persons except poll officers, poll watchers, persons in the course of voting, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting."
Section 16. Said title is further amended by striking subsection (a) of Code Section 21-3-121, relating to qualifications
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for registrars and deputy registrars in municipal elections, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 21-2-212. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar or deputy registrar, while performing the duties of his office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, office holder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages."
Section 17. Said title is further amended by repealing Code Section 21-3-133.1, relating to exchange of municipality and county electors lists, which reads 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:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The registrar of each county shall identify those persons who appear on the municipality's list and reside in such county and do not appear on the county's 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 county's list and reside in the municipality and do not appear on the municipality's list and shall notify such persons by post card that they have until October 9, 1984, to register to vote in future municipal elections.",
in its entirety.
Section 18. Said title is further amended by striking subsection (a) of Code Section 21-3-134, relating to preparation of lists of electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The registrars in municipalities electing to maintain their own registration lists shall prepare for use in all primaries and elections true and correct lists of the electors of their municipality, placing thereon only those persons found to be qualified to vote. The registrars shall also determine and place on the official electors list the proper city commission, city council, or other such municipal district for each elector."
Section 19. Said title is further amended by striking subsection (a) of Code Section 21-3-135, relating to filing of certified lists of electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list containing the names, addresses, and ZIP codes of all the electors found to be qualified. The list shall be alphabetically arranged by precincts and each elector's city commission, city council, or other such municipal district shall be designated, and it shall be the list of electors for the municipal election to be held in such year. No person whose name does not appear on such list shall vote at such munici-
GEORGIA LAWS 1985 SESSION
509
pal election, except as otherwise provided in this chapter. This list shall be accompanied by the registrar's certification of the number of electors by race in each precinct. Such list shall not be used by any person for commercial purposes."
Section 20. Said title is further amended by striking subsection (b) of Code Section 21-3-284, relating to the preparation and delivery of absentee ballots, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The superintendent shall, as soon as practicable prior to each primary or election, prepare or obtain and deliver to the absentee ballot clerk an adequate supply of official absentee ballots, envelopes, and other supplies, as required by this article, for use in the primary or election. The absentee ballot clerk shall deliver or mail official absentee ballots to all eligible applicants within two days after the receipt of such supplies; and as additional applicants are determined to be eligible, the clerk shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the absentee ballot clerk; and, provided, further, that no absentee ballot shall be mailed by the clerk on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The absentee ballot clerk may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital."
Section 21. Said title is further amended by striking subsection (a) of Code Section 21-3-285, relating to the procedure for voting by absentee ballot in municipal elections, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the date of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
then fold the ballot and close and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed, and the elector shall then mail or personally deliver the same to the absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, aunt, uncle, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the absentee ballot clerk."
Section 22. Said title is further amended by striking subsection (e) of Code Section 21-3-320, relating to requirements as to conduct of voters, campaigners, and others at polling places generally in municipal elections, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) All persons, except poll officers, persons in the course of voting, poll watchers, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers, when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting."
Section 23. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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GENERAL ASSEMBLY -- FEES OF THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF
THE SENATE.
Code Section 28-3-24 Amended.
No. 404 (House Bill No. 111).
AN ACT
To amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to provide that the Legislative Services Committee shall provide a procedure for distribution by the Secretary and the Clerk of bills, resolutions, calendars, status sheets, and other documents; to provide that such procedure may include a schedule or schedules of fees to be charged for such documents; to provide that all funds received as a result of such fees by the Secretary and the Clerk shall be paid into the general fund of the state treasury; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by striking Code Section 28-3-24, relating to the fees of the Secretary of the Senate and the Clerk of the House of Representatives for copying and certifying documents, and inserting in lieu thereof a new Code Section 28-3-24 to read as follows:
"28-3-24. The Legislative Services Committee shall provide a procedure for the distribution by the Secretary of the Senate and the Clerk of the House of Representatives of bills, resolutions, calendars, status sheets, and other documents. Such procedure may be changed from time to time by the committee and may include a schedule or schedules of fees to be charged for such documents. All funds received
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GENERAL ACTS AND RESOLUTIONS, VOL. I
as a result of such fees by the Secretary and the Clerk shall 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 27, 1985.
JURY LISTS -- REMOVAL OF NAMES OF PERSONS WHO ARE 70 OR OLDER.
Code Section 15-12-1 Amended.
No. 405 (House Bill No. 157).
AN ACT
To amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to entitle persons who are 70 years of age or older to request the board of jury commissioners to remove their names from the jury list; to provide procedures; to authorize the removal of such persons' names from the jury list; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, is amended by striking Code Section 15-12-1, relating to exemptions from jury duty, in its entirety and inserting in lieu thereof a new Code Section 15-12-1 to read as follows:
GEORGIA LAWS 1985 SESSION
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"15-12-1. (a) Any person who shows that he will be engaged during his term of jury duty in work necessary to the public health, safety, or 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.
(b) Any person who is 70 years of age or older shall be entitled to request the board of jury commissioners to remove such person's name from the jury list of the county. Upon such request the board of jury commissioners shall be authorized and directed to remove the person's name from the jury list. The request shall be made to the board or its clerk in writing and shall be accompanied by an affidavit giving the person's name, age, and such other information as the board may require. The board of jury commissioners of each county shall make available affidavit forms for the purposes of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
SHERIFFS' RETIREMENT FUND OF GEORGIA -- BOARD OF COMMISSIONERS.
Code Section 47-16-21 Amended. No. 406 (House Bill No. 165). AN ACT
To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the persons serving on the board of commissioners and the terms of their service; to clarify the provisions regarding death benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking subsections (a), (b), and (d) of Code Section 47-16-21, relating to membership of the board, and substituting in lieu thereof new subsections (a), (b), and (d) to read as follows:
"(a) The board shall consist of six members as follows:
(1) The director of the Fiscal Division of the Department of Administrative 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 director of the Fiscal Division of the Department of Administrative Services shall begin serving on the board on July 1, 1984. The position of the director of the Fiscal Division of the Department of Administrative Services on
GEORGIA LAWS 1985 SESSION
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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.
(d) The first four members of the board provided for by paragraph (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 Thornton 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 Franklin Thornton shall be appointed for a term of four years."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
PENAL INSTITUTIONS -- PROBATED SENTENCES OF MORE THAN TWO YEARS; REVIEW.
Code Section 42-8-37 Amended. No. 407 (House Bill No. 189). AN ACT
To amend Code Section 42-8-37 of the Official Code of Georgia Annotated, relating to the effect of termination of period of probation and review of cases of persons receiving probated sentences, so as to change the provisions relating to the review of persons receiving probated sentences of more than two years; to provide for the review of such cases at the request of the chief judge; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-8-37 of the Official Code of Georgia Annotated, relating to the effect of termination of period of probation and review of cases of persons receiving probated sentences, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Upon the request of the chief judge of the court from which said person was sentenced, the case of each person receiving a probated sentence of more than two years shall be reviewed by the probation supervisor responsible for that case after service of two years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the supervisor's recommendation as to early termination. Upon the request of the chief judge of the court from which said person was sentenced, each such case shall be reviewed and a written report submitted annually thereafter, or more often if required, until the termination, expiration, or other disposition of the case."
GEORGIA LAWS 1985 SESSION
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Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
DEPARTMENT OF MEDICAL ASSISTANCE -- RECIPROCAL AND COOPERATIVE AGREEMENTS WITH OTHER STATES.
Code Section 49-4-142 Amended.
No. 408 (House Bill No. 199).
AN ACT
To amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance, so as to authorize the department to enter into reciprocal and cooperative arrangements with other states; 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, is amended by striking in its entirety subsection (a) and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Department of Medical Assistance, an agency of the State of Georgia. The Department of Medical Assistance is authorized to adopt and administer a state plan for medical assistance in accordance with Title XIX of the federal Social Security Act of 1935, as amended (Act of July 30, 1965, P.L. 89-97, 79 Stat. 343, as amended), provided such state plan is administered within the appropriations made available to the department. The department
518
GENERAL ACTS AND RESOLUTIONS, VOL. I
is authorized to establish the amount, duration, scope, and terms and conditions of eligibility for and receipt of such medical assistance as it may elect to authorize pursuant to this article. Further, the department is authorized to establish such rules and regulations as may be necessary or desirable in order to execute the state plan and to receive the maximum amount of federal financial participation available in expenditures made pursuant to the state plan; provided, however, the department shall establish reasonable procedures for notice to interested parties and an opportunity to be heard prior to the adoption, amendment, or repeal of any such rule or regulation. The department is authorized to enter into such reciprocal and cooperative arrangements with other states, persons, and institutions, public and private, as it may deem necessary or desirable in order to execute the state plan."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
DEPARTMENT OF HUMAN RESOURCES -- INTERSTATE COMPACTS; RECIPROCAL ADOPTION ASSISTANCE SERVICES.
Code Section 49-5-8 Amended.
No. 409 (House Bill No. 200).
AN ACT
To amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to permit the Department of Human Resources to enter into interstate compacts with other states for the purpose of providing reciprocal adoption assistance ser-
GEORGIA LAWS 1985 SESSION
519
vices; to define the term "state" for the purpose of such compacts; to state the purpose for the provision of such authority to the department; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) (1) As used in paragraph (2) of this subsection, the term 'state' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or any territory or possession of or territory or possession administered by the United States.
(2) The Department of Human Resources is authorized to enter into interstate compacts, on behalf of this state, with other states to provide for the reciprocal provision of adoption assistance services.
(3) The purpose of paragraphs (1) and (2) of this subsection is to comply with the requirements of the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-96-272) and Title IVE of the Social Security Act and to assure that recipients of adoption assistance in Georgia who change their residences to other states receive adoption assistance services, other than adoption assistance payments, from their new states of residence."
Section 2. This Act shall become effective upon its approval by 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 27, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLE LICENSE PLATES -- EMORY UNIVERSITY SESQUICENTENNIAL.
Code Section 40-2-29.3 Enacted. No. 410 (House Bill No. 235). 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 sesquicentennial of the founding of Emory University; 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 immediately after Code Section 40-2-29.2 a new Code Section 40-2-29.3 to read as follows:
"40-2-29.3. (a) By an Act approved December 10,1836 (Ga. L. 1836, p. 99) by Governor William Schley, a charter having been granted to a college, 'to be established in the County of Newton, in this State, which shall be known and called by the name of Emory College,' there shall be issued in 1986 special license plates to commemorate the sesquicentennial of the founding of that college which later became Emory University and which in 1915 moved to a campus in DeKalb County.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the sesquicentennial of Emory University. It shall not be a re-
GEORGIA LAWS 1985 SESSION
521
quirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar year 1986, 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 $25.00 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, 1986, under this Code section shall be used until the expiration of other sevenyear 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 March 27, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
APPROPRIATIONS -- SUPPLEMENTAL FOR THE DEPARTMENT OF LABOR; ADMINISTRATION OF THE
EMPLOYMENT SECURITY LAW.
No. 411 (House Bill No. 265).
AN ACT
To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Sections 34-8-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employment security, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $847,021.00.
GEORGIA LAWS 1985 SESSION
523
Of said additional amount, the sum of $847,021.00 is authorized to be allocated for expenses incurred in the administration of the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property.
Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 348-102 of the Official Code of Georgia Annotated, relating to employment security, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to employment security, provided that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act.
Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as he finds to be economical and desirable, such money as authorized in this Act and in Code Sections 34-8-81 and 34-8-102 of the Official Code of Georgia Annotated, relating to employment security and, in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real
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GENERAL ACTS AND RESOLUTIONS, VOL. I
or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act.
Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
STATE OFFICIALS -- COMPENSATION.
Code Section 45-7-4 Amended.
No. 412 (House Bill No. 270).
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 add certain officials; to provide for the application or nonapplication of cost-of-living increases for fiscal year 1986; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
525
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 paragraphs (2) through (17) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (2) through (17.2) to read as follows:
"(2) Lieutenant Governor
..
45,000.00
(3) Adjutant general
The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law.
(4) Commissioner of Agriculture
60,500.00
(5) Attorney General..
62,000.00
(6) State auditor
<
58,000.00
(7) Commissioner of Insurance
60,500.00
(8) Commissioner of offender rehabilitation
58,500.00
(9) Commissioner of Labor..
60,500.00
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States Government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States Government.
(10) Each member of the Board of Pardons and
Paroles
58,000.00
(11) Each member of the Public Service
Commission
,
58,000.00
(12) State revenue commissioner
58,500.00
(13) State School Superintendent
62,000.00
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) Secretary of State
I
60,500.00
(15) Commissioner of veterans service
58,500.00
The above amount of salary for the commissioner of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(16) Commissioner of banking and finance
58,500.00
(17) Commissioner of administrative services.... 58,500.00
(17.1) Chairman of the State Board of Workers'
Compensation
58,000.00
(17.2) Each member of the State Board of Workers' Compensation other than the chairman 56,000.00"
Section 2. The salaries provided for in Section 1 of this Act for the Commissioner of Agriculture, Attorney General, state auditor, Commissioner of Insurance, commissioner of offender rehabilitation, Commissioner of Labor, each member of the Board of Pardons and Paroles, each member of the Public Service Commission, state revenue commissioner, State School Superintendent, Secretary of State, commissioner of veterans affairs, commissioner of banking and finance, commissioner of administrative services, chairman of the State Board of Workers' Compensation, and each member of the State Board of Workers' Compensation shall not be increased by the cost-ofliving adjustment granted to state employees for fiscal year 1986.
Section 3. This Act shall become effective July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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527
CORPORATIONS -- BUSINESS CORPORATIONS; APPROVAL BY BOARD OF DIRECTORS AND SHAREHOLDERS; FAIR PRICING.
Code Sections 14-2-232 through 14-2-235 Enacted.
No. 413 (House Bill No. 309).
AN ACT
To amend Article 11 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the sale and other disposition of corporate assets, so as to define certain terms; to require certain approvals of the board of directors and shareholders; to impose fair pricing requirements for certain corporate transactions; to provide for inapplicability under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 11 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the sale and other disposition of corporate assets, is amended by adding a new Code Section 14-2-232 immediately following Code Section 14-2-231, relating to the sale, lease, exchange, or other disposition of corporate property and assets requiring shareholder approval, to read as follows:
"14-2-232. As used in this article, the term:
(1) 'Affiliate* means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a specified person.
(2) 'Announcement date' means the date of the first general public announcement of the proposal of the business combination.
(3) 'Associate,' when used to indicate a relationship with any person, means:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Any corporation or organization, other than the corporation or a subsidiary of the corporation, of which such person is an officer, director, or partner or is the beneficial owner of 10 percent or more of any class of equity securities;
(B) Any trust or other estate in which such person has a beneficial interest of 10 percent or more, or as to which such person serves as trustee or in a similar fiduciary capacity; and
(C) Any relative or spouse of such person, or any relative of such spouse, who has the same home as such person.
(4) 'Beneficial owner' -- a person shall be considered to be the beneficial owner of any equity securities:
(A) Which such person or any of such person's affiliates or associates owns, directly or indirectly;
(B) Which such person or any of such person's affiliates or associates, directly or indirectly, has:
(i) The right to acquire, whether such right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or understanding or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; or
(ii) The right to vote pursuant to any agreement, arrangement, or understanding; or
(C) Which are owned, directly or indirectly, by any other person with which such person or any of such person's affiliates or associates has any agreement, arrangement, or understanding for the purpose of acquiring, holding, voting, or disposing of equity securities.
(5) 'Business combination' means:
GEORGIA LAWS 1985 SESSION
529
(A) Any merger or consolidation of the corporation or any subsidiary with (i) any interested shareholder or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction;
(B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions in any 12 month period, to any interested shareholder or any affiliate of any interested shareholder, other than the corporation or any of its subsidiaries, of any assets of the corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the corporation, an aggregate book value as of the end of the corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the corporation as of the end of such fiscal quarter;
(C) The issuance or transfer by the corporation, or any subsidiary, in one transaction or a series of transactions in any 12 month period, of any equity securities of the corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the corporation whose shares are being issued, to any interested shareholder or any affiliate of any interested shareholder, other than the corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares;
(D) The adoption of any plan or proposal for the liquidation or dissolution of the corporation in which anything other than cash will be received by an interested shareholder or an affiliate of any interested shareholder; or
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(E) Any reclassification of securities, including any reverse stock split, or recapitalization of the corporation, or any merger or consolidation of the corporation with any of its subsidiaries, which has the effect, directly or indirectly, in one transaction or a series of transactions in any 12 month period, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affiliate of any interested shareholder.
(6) 'Continuing director' means any member of the board of directors who is not an affiliate or associate of an interested shareholder or any of its affiliates, other than the corporation or any of its subsidiaries, and who was a director of the corporation prior to the determination date, and any successor to such continuing director who is not an affiliate or an associate of an interested shareholder or any of its affiliates, other than the corporation or its subsidiaries, and is recommended or elected by a majority of all of the continuing directors.
(7) 'Control,' including the terms 'controlling,' 'controlled by,' and 'under common control with,' means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise, and the beneficial ownership of shares representing 10 percent or more of the votes entitled to be cast by a corporation's voting shares shall create an irrebuttable presumption of control.
(8) 'Corporation' shall include any trust merging with a domestic corporation pursuant to Code Section 53-12-59.
(9) 'Determination date' means the date on which an interested shareholder first became an interested shareholder.
(10) 'Fair market value' means:
GEORGIA LAWS 1985 SESSION
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(A) In the case of securities, the highest closing sale price, during the period beginning with and including the determination date and for 29 days prior to such date, of such a security on the principal United States securities exchange registered under the Securities Exchange Act of 1934 on which such securities are listed, or, if such securities are not listed on any such exchange, the highest closing sales price or, if none is available, the average of the highest bid and asked prices reported with respect to such a security, in each case during the 30 day period referred to above, on the National Association of Securities Dealers, Inc., Automatic Quotation System, or any system then in use, or, if no such quotations are available, the fair market value on the date in question of such a security as determined in good faith at a duly called meeting of the board of directors by a majority of all of the continuing directors, or, if there are no continuing directors, by the entire board of directors; and
(B) In the case of property other than securities, the fair market value of such property on the date in question as determined in good faith at a duly called meeting of the board of directors by a majority of all of the continuing directors, or, if there are no continuing directors, by the entire board of directors of the corporation.
(11) 'Interested shareholder' means any person, other than the corporation or its subsidiaries, that:
(A) (i) Is the beneficial owner of 10 percent or more of the voting power of the outstanding voting shares of the corporation; or
(ii) Is an affiliate of the corporation and, at any time within the two-year period immediately prior to the date in question, was the beneficial owner of 10 percent or more of the voting power of the then outstanding voting shares of the corporation; and
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(B) For the purpose of determining whether a person is an interested shareholder, the number of voting shares deemed to be outstanding shall not include any unissued voting shares which may be issuable pursuant to any agreement, arrangement, or understanding, or upon exercise of conversion rights, warrants or options, or otherwise.
(12) 'Voting shares' means shares entitled to vote generally in the election of directors."
Section 2. Said article is further amended by adding a new Code Section 14-2-233 immediately following Code Section 14-2-232 to read as follows:
"14-2-233. In addition to any vote otherwise required by law or the articles of incorporation of the corporation, a business combination shall be:
(1) Unanimously approved by the continuing directors, provided that the continuing directors constitute at least three members of the board of directors at the time of such approval; or
(2) Recommended by at least two-thirds of the continuing directors and approved by a majority of the votes entitled to be cast by holders of voting shares, other than voting shares beneficially owned by the interested shareholder who is, or whose affiliate is, a party to the business combination."
Section 3. Said article is further amended by adding a new Code Section 14-2-234 immediately following Code Section 14-2-233 to read as follows:
"14-2-234. (a) As used in this Code section, the term 'interested shareholder' refers to the interested shareholder which is party to, or an affiliate of which is party to, the business combination in question.
(b) The vote required by Code Section 14-2-233 of this article does not apply to a business combination if each of the following conditions is met:
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(1) The aggregate amount of the cash, and the fair market value as of five days before the consummation of the business combination of consideration other than cash, to be received per share by holders of any class of common shares or any class or series of preferred shares in such business combination is at least equal to the highest of the following:
(A) The highest per share price, including any brokerage commissions, transfer taxes, and soliciting dealers' fees, paid by the interested shareholder for any shares of the same class or series acquired by it:
(i) Within the two-year period immediately prior to the announcement date; or
(ii) In the transaction in which it became an interested shareholder, whichever is higher;
(B) The fair market value per share of such class or series as determined on the announcement date and as determined on the determination date, whichever is higher; or
(C) In the case of shares other than common shares, the highest preferential amount per share to which the holders of shares of such class or series are entitled in the event of any voluntary or involuntary liquidation, dissolution, or winding up of the corporation; provided that this subparagraph shall only apply if the interested shareholder has acquired shares of such class or series within the two-year period immediately prior to the announcement date;
(2) The consideration to be received by holders of any class or series of outstanding shares is to be in cash or in the same form as the interested shareholder has previously paid for shares of the same class or series. If the interested shareholder has paid for shares of any class or series of shares with varying forms of consideration, the form of consideration for such class or series of shares shall be either cash or the form used to acquire the largest number of shares of such class or series previously acquired by it;
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(3) After the interested shareholder has become an interested shareholder and prior to the consummation of such business combination:
(A) Unless approved by a majority of the continuing directors, there shall have been:
(i) No failure to declare and pay at the regular date therefor any full periodic dividends, whether or not cumulative, on any outstanding preferred shares of the corporation;
(ii) No reduction in the annual rate of dividends paid on any class of common shares, except as necessary to reflect any subdivision of the shares;
(iii) An increase in such annual rate of dividends as is necessary to reflect any reclassification, including any reverse share split, recapitalization, reorganization, or any similar transaction which has the effect of reducing the number of outstanding shares; and
(iv) No increase in the interested shareholder's percentage ownership of any class or series of shares of the corporation by more than 1 percent in any 12 month period;
(B) The provisions of divisions (b)(3)(AXi) and (ii) of this Code section shall not apply if the interested shareholder or an affiliate or associate of the interested shareholder did not vote as a director of the corporation in a manner inconsistent with divisions (b)(3)(A)(i) and (ii) of this Code section and the interested shareholder, within ten days after any act or failure to act inconsistent with divisions (b)(3)(A)(i) and (ii) of this Code section, notified the board of directors of the corporation in writing that the interested shareholder disapproved thereof and requested in good faith that the board of directors rectify the act or failure to act; and
GEORGIA LAWS 1985 SESSION
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(4) After the interested shareholder has become an interested shareholder, the interested shareholder has not received the benefit, directly or indirectly, except proportionately as a shareholder, of any loans, advances, guarantees, pledges, or other financial assistance or any tax credits or other tax advantages provided by the corporation or any of its subsidiaries, whether in anticipation of or in connection with such business combination or otherwise."
Section 4.. Said article is further amended by adding a new Code Section 14-2-235 immediately following Code Section 14-2-234 to read as follows:
"14-2-235. (a) The requirements of this article shall not apply to business combinations of a corporation unless the bylaws of the corporation specifically provide that all of such requirements are applicable to the corporation. Such a bylaw may be adopted at any time in the manner provided in this Code and shall apply to any business combination approved or recommended by the board of directors after the date of the bylaw's adoption. Such a bylaw shall be irrevocable except as provided in subsection (b) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of the corporation.
(b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and a majority of the votes entitled to be cast by voting shares of the corporation, other than shares beneficially owned by any interested shareholder and affiliates and associates of any interested shareholder, in addition to any other vote required by the articles of incorporation or bylaws to amend the bylaws. Once the bylaw has been repealed in accordance with this subsection, the corporation shall not thereafter be entitled to adopt a bylaw in accordance with subsection (a) of this Code section.
(c) The requirements of Code Section 14-2-233 shall never apply to business combinations with an interested shareholder or its affiliates if, during the three-year period im-
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mediately preceding the consummation of the business combination, the interested shareholder has not at any time during such period:
(1) Ceased to be an interested shareholder; or
(2) Increased its percentage ownership of any class or series of common or preferred shares of the corporation by more than 1 percent in any 12 month period.
(d) Nothing contained in this article shall be deemed to limit in any manner a corporation's right to include in its articles of incorporation or bylaws any provision regarding the approval of business combinations which would not otherwise be prohibited by this chapter."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
EMPLOYMENT SECURITY LAW -- APPEALS FROM DECISIONS BY INDEPENDENT HEARING OFFICERS.
Code Section 34-8-19 Enacted.
No. 414 (House Bill No. 331).
AN ACT
To amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions under the "Employment Security Law," so as to provide for appeals by an employer or by the Georgia Department of Labor in certain proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions under the "Employment Security Law," is amended by adding at the end thereof a new Code Section 34-8-19 to read as follows:
"34-8-19. Any decision rendered by an independent hearing officer with regard to an employer's liability under this chapter may be appealed by the employer or by the Georgia Department of Labor."
Section 2. This Act shall become effective upon its approval by 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 27, 1985.
CHECKS OR MONEY ORDERS FOR THE PAYMENT OF TAXES OR MOTOR VEHICLE LICENSE FEES.
Code Section 48-5-165 Enacted.
Code Section 40-2-27 Amended.
No. 415 (House Bill No. 404).
AN ACT
To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made
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GENERAL ACTS AND RESOLUTIONS, VOL. I
payable to the county to which the taxes are due; to provide that tax collectors shall not be required to return checks or money orders to the taxpayers which do not strictly conform to the instructions of the tax collector; to amend Code Section 40-2-27 of the Official Code of Georgia Annotated, relating to license fees for motor vehicles, so as to authorize license fee payment by check and to provide that certain temporary permits to operate motor vehicles must show the office of the commissioner or the office of the county tag agent as payee; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, is amended by adding after Code Section 48-5-164, relating to the duties of a successor tax collector or tax commissioner as to performing uncompleted duties of the outgoing collector or commissioner, a new Code Section 48-5-165 to read as follows:
"48-5-165. It shall be the duty of each tax collector, whether acting on behalf of the county, municipality, board of education, or as an agent of the state, to instruct the taxpayers that any check, money order, or other similar bankable paper for the payment of taxes shall be made payable to the county tax office to which the taxes are due, rather than to the tax collector. The tax collector shall not be required, however, to return to the taxpayer a check or money order for the payment of taxes that is not made payable to the taxing entity in strict conformity with the instructions."
Section 2. Code Section 40-2-27 of the Official Code of Georgia Annotated, relating to license fees for motor vehicles, is amended by striking said Code section and inserting in lieu thereof a new Code Section 40-2-27 to read as follows:
"40-2-27. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee required by law.
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GEORGIA LAWS 1985 SESSION
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A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance."
Section 3. This Act shall become effective January 1,1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL -- DISCIPLINE OF PEACE OFFICERS.
Code Section 35-8-7 Amended.
Code Sections 35-8-7.1 and 35-8-7.2 Enacted.
No. 416 (House Bill No. 464).
AN ACT
To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change the provisions relating to powers and duties of the Georgia Peace Officer Standards and Training Council; to specify the authority of such council to refuse to grant a certificate to or to discipline a peace officer or an exempt peace officer for certain causes; to authorize such council to provide an appropriate disciplinary sanction for a peace officer; to provide for the restoration and reissuance of certificates under
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GENERAL ACTS AND RESOLUTIONS, VOL. I
certain conditions; to specify how hearings shall be conducted and where appeals shall 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. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by striking in its entirety paragraph (14) of Code Section 35-8-7, relating to powers and duties of the Georgia Peace Officer Standards and Training Council, which paragraph reads as follows:
"(14) To withdraw or suspend certification of any certified peace officer and to withdraw or suspend the registration of any exempt peace officer who shall, subsequent to certification or registration, be convicted by any state or by the federal government of any crime, the punishment for which could have been imprisonment in a federal or state prison or institution, be convicted of sufficient misdemeanors to establish a pattern of disregard for the law, or be suspended or discharged by his employing law enforcement unit for disciplinary reasons;",
and inserting in lieu thereof a new paragraph (14) to read as follows:
"(14) To refuse to grant a certificate to or to discipline a certified peace officer or an exempt peace officer under this chapter or any antecedent law;"
Section 2. Said chapter is further amended by adding between Code Sections 35-8-7 and 35-8-8 two new Code Sections 35-8-7.1 and 35-8-7.2 to read as follows:
"35-8-7.1. (a) The council shall have authority to refuse to grant a certificate to an applicant or to discipline a certified peace officer or exempt peace officer under this chapter or any antecedent law upon a determination by the council that the applicant or certified peace officer or exempt peace officer has:
(1) Failed to demonstrate the qualifications or standards for a certificate provided in this chapter or in the
GEORGIA LAWS 1985 SESSION
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rules and regulations of the council. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the council that he meets all requirements for the issuance of a certificate;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of being a peace officer or in any document connected therewith or practiced fraud or deceit or intentionally made any false statement in obtaining a certificate to practice as a peace officer;
(3) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. As used in this paragraph, the term 'conviction of a felony' shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or a verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. However, the council may not deny a certificate to an applicant with a conviction if the adjudication of guilt or sentence is withheld or not entered thereon;
(4) Committed a crime involving moral turpitude, without regard to conviction. The conviction of a crime involving moral turpitude shall be conclusive of the commission of such crime. As used in this paragraph, the term 'conviction' shall have the meaning prescribed in paragraph (3) of this subsection;
(5) Had his certificate or license to practice as a peace officer revoked, suspended, or annulled by any lawful certifying or licensing authority; or had other disciplinary action taken against him by any lawful certifying or licensing authority; or was denied a certificate or license by any lawful certifying or licensing authority;
(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted
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in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of a peace officer;
(7) Violated or attempted to violate a law, rule, or regulation of this state, any other state, the council, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of a peace officer;
(8) Committed any act or omission which is indicative of bad moral character or untrustworthiness;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction, within or without this state;
(10) Become unable to perform as a peace officer with reasonable skill and safety to citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition; or
(11) Been suspended or discharged by the peace officer's employing law enforcement unit for disciplinary reasons.
(b) (1) When the council finds that any person is unqualified to be granted a certificate or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the council may take any one or more of the following actions:
(A) Refuse to grant a certificate to an applicant;
(B) Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the peace officer;
(C) Suspend any certificate for a definite period;
(D) Limit or restrict any certificate;
(E) Revoke any certificate; or
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(F) Condition the penalty, or withhold formal disposition, upon the peace officer completing such care, counseling, or treatment, as directed by the council.
(2) In addition to and in conjunction with the foregoing actions, the council may make a finding adverse to the applicant or peace officer but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place the peace officer on probation, which probation may be vacated upon noncompliance with such reasonable terms as the council may impose.
(c) In its discretion, the council may restore and reissue a certificate issued under this chapter or any antecedent law to a peace officer and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter.
35-8-7.2. (a) Except as otherwise provided in subsection (b) of this Code section, proceedings of the council in the exercise of its authority to issue any certificate or discipline any peace officer under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings the council shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor. In any hearing in which the fitness of a peace officer or applicant is in question, the council may exclude all persons from its deliberation of the appropriate action and may, when it deems necessary, speak to the peace officer or applicant in private. All final determinations, findings, and conclusions of the council under this chapter are final and conclusive decisions of the matters involved.
(b) Proceedings for review of a final decision of the council shall be instituted by filing a petition within 30 days after the service of the final decision of the council or, if a rehearing is requested, within 30 days after the decision thereon. The petition shall be filed in the Superior Court of the county of residence of the petitioner."
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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
CRIMINAL JUSTICE COORDINATING COUNCIL -- MEMBERSHIP OF A SUPERIOR COURT JUDGE.
Code Section 35-6A-3 Amended.
No. 417 (House Bill No. 629).
AN ACT
To amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide that there shall be an additional member appointed to the council who shall be a superior court judge; to provide for such member's initial term of office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by striking Code Section 35-6A-3, relating to the membership of the council, generally, and inserting in lieu thereof a new Code Section 35-6A-3 to read as follows:
"35-6A-3. (a) The Criminal Justice Coordinating Council shall consist of 20 members and shall be composed as follows:
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(1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the commissioner of offender rehabilitation, the chairman of the Board of Offender Rehabilitation, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, and the director of the Division of Youth Services of the Department of Human Resources shall be ex officio members of the council, as full voting members of the council by reason of their office;
(2) Nine members shall be appointed by the Governor for terms of four years, their initial appointments, however, being three for four-year terms, two for threeyear terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, and four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment.
(b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term.
(c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985.
(d) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership."
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Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
CIVIL PRACTICE -- VOLUNTARY DISMISSAL OF ACTIONS.
Code Section 9-11-41 Amended.
No. 418 (House Bill No. 630).
AN ACT
To amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of actions, so as to change provisions relating to right of voluntary dismissal; 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 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of actions, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order of court, by filing a written notice of dismissal at any time before the submission of the case to the jury. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. A dismissal under this subsection
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is without prejudice, except that the filing of a third notice of dismissal operates as an adjudication upon the merits."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION -- DEPARTMENT OF LABOR
CONTINGENCY CLERKS.
Code Section 45-20-2 Amended.
No. 419 (House Bill No. 681).
AN ACT
To amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to change the definition of the term "unclassified service"; to exclude certain positions in the Department of Labor from the classified service; to provide for applicability of certain laws with respect to unclassified employees of the Department of Labor 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 in their entirety subparagraphs (Y) and (Z) of paragraph (15) and inserting in lieu thereof new subparagraphs (Y), (Z), and (AA) to read as follows:
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"(Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety;
(Z) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner 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 this title; and
(AA) The employees in the positions in the job classification of'Clerk, Contingency' in the Department of Labor who are paid on an hourly basis. These employees 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 this title."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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CLERKS OF THE SUPERIOR COURTS -- MINIMUM ANNUAL SALARIES.
Code Section 15-6-88 Amended. No. 420 (House Bill No. 711). AN ACT
To amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-6-88 to read as follows:
"15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 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:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Population 0-- 5,999
6,000-- 11,999 12.000-- 19,999 20.000-- 29,999 30.000-- 39,999 40.000-- 49,999 50.000-- 99,999 100.000-- 199,999 200.000-- 249,999 250.000-- 299,000 300.000-- and up..
Minimum Salary $ 13,781.00 18,924.00
....... 21,437.00 ....... 22,968.00
24,499.00 26,030.00 27,562.00 29.093.00 30.624.00 42.350.00 46,750.00"
Section 2. This Act shall become effective on January 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
EDUCATION -- TUITION EQUALIZATION GRANTS AT PRIVATE COLLEGES AND UNIVERSITIES.
Code Section 20-3-412 Amended.
No. 421 (House Bill No. 794).
AN ACT
To amend Code Section 20-3-412 of the Official Code of Georgia Annotated, relating to limitations on amounts and availability of tuition equalization grants at private colleges and universities, so as to remove the limitations on amounts of tuition equalization grants; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-3-412 of the Official Code of Georgia Annotated, relating to limitations on amounts and availability of tuition equalization grants at private colleges and universities, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-3-412 to read as follows:
"20-3-412. Each eligible student is entitled to a tuition equalization grant each academic year, as specified in appropriations Acts of the General Assembly. No grant shall be made to a student for study during the period of any summer school quarter or semester unless specifically authorized in appropriations Acts of the General Assembly. No grants shall be made to graduate students unless specifically authorized in appropriations Acts of the General Assembly. It is the intent of the General Assembly and the purpose of this program to provide tuition equalization grants to all Georgia students attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state. No grant shall be made to any student not enrolled as a full-time student."
Section 2. This Act shall become effective upon its approval by 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 27, 1985.
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COCAINE -- TRAFFICKING; PENALTIES; SPECIAL COCAINE TASK FORCE OF THE GEORGIA BUREAU OF
INVESTIGATION; COCAINE EDUCATION VAN.
Code Section 16-13-31 Amended.
Code Sections 35-3-9.1 and 35-3-9.2 Enacted.
No. 422 (Senate Bill No. 147).
AN ACT
To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana and penalties for violations, so as to provide for mandatory minimum penalties upon conviction for certain violations; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Bureau of Investigation, so as to authorize a Special Cocaine Task Force to assist local law enforcement agencies in cocaine abuse and trafficking investigations and the apprehension of violators; to provide that the Special Cocaine Task Force shall install and publicize the number of a statewide telephone in an effort to encourage citizens to report incidents of drug abuse and trafficking or any suspicious activity involving drug abuse and trafficking; to sunset the Special Cocaine Task Force; to authorize a mobile cocaine education van within the Georgia Bureau of Investigation which shall be equipped with displays, visual aids, books, pamphlets, video films, and a trained instructor; to provide that the mobile cocaine education van shall be available free of charge to schools, industries, and communities to teach youths and adults about the dangers of cocaine and other controlled substances; 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 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana and penalties for violations, is amended
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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) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the cocaine is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00;
(2) If the quantity of the cocaine is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00; and
(3) If the quantity of the cocaine is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00."
Section 2. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Bureau of Investigation, is amended by adding a new Code Section 35-3-9.1, immediately following Code Section 35-3-9, to read as follows:
"35-3-9.1. (a) There is authorized within the Georgia Bureau of Investigation a Special Cocaine Task Force to assist local law enforcement agencies in cocaine abuse and trafficking investigations and the apprehension of violators of the controlled substances laws of this state.
(b) The Special Cocaine Task Force shall install and publicize the number of a state-wide WATS telephone and encourage citizens to call the toll free telephone number to report incidents of drug abuse and trafficking or any suspicious activity involving drug abuse and trafficking.
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(c) This Code section shall stand repealed on June 30, 1990."
Section 3. Said article is further amended by adding a new Code Section 35-3-9.2, immediately following the new Code Section 35-3-9.1, to read as follows:
"35-3-9.2. The Georgia Bureau of Investigation is authorized to purchase, operate, and maintain a mobile cocaine education van which shall be available to schools, industries, and communities desiring to teach youths and adults about the dangers of cocaine and other controlled substances. The van shall be equipped with displays, visual aids, books, pamphlets, video films, and other educational items and be manned by a trained instructor. The director shall offer the mobile cocaine education van free of charge to any school, industry, community, or other organization in this state which is interested in publicizing the dangers of cocaine and other controlled substances to the public."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
GEORGIA BUILDING AUTHORITY POLICE.
Code Section 50-9-9 Amended. No. 423 (Senate Bill No. 155).
AN ACT
To amend Code Section 50-9-9 of the Official Code of Georgia Annotated, relating to public policy against unreasonable disruptions of state employees and powers of the Georgia Building Authority, so as to change the provisions relating to authority
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to employ security guards; to provide that the security guards shall be known as the Georgia Building Authority Police; to provide for insignia and uniforms and identification of such Georgia Building Authority Police; to 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 50-9-9 of the Official Code of Georgia Annotated, relating to public policy against unreasonable disruptions of state employees and powers of the Georgia Building Authority, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The authority shall be authorized to employ security guards known as the Georgia Building Authority Police to keep watch over and protect the properties of the authority and such other properties as may be administered by, or as may be directed by, the authority. The Georgia Building Authority Police employed as provided by this Code section shall be employees of and compensated by the authority. The Georgia Building Authority Police employed pursuant to this Code section shall wear such insignia and uniforms and carry such identification as prescribed by the authority and shall be authorized to carry weapons and, while in the performance of their duties, shall have the same powers of arrest, shall have the same powers to enforce law and order, and shall be authorized to exercise such powers and duties as are authorized by law for security guards of the Security Guard 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 27, 1985.
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CIVIL PRACTICE -- MEDICAL MALPRACTICE; LIMITATIONS OF ACTIONS.
Code Sections 9-3-71 and 9-3-72 Amended. No. 424 (Senate Bill No. 170). AN ACT
To amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change certain provisions relating to limitations of actions for medical malpractice; to change the general limitation; to provide for an ultimate statute of repose and abrogation; to provide for applicability of the tolling provisions of Article 5 of Chapter 3 of Title 9 to such actions for medical malpractice; to provide for conforming exceptions where foreign objects are left in the body; to provide for actions which have been or would be barred; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section L Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, is amended by striking Code Section 9-3-71, relating to the general limitation on actions for medical malpractice, which reads as follows:
"9-3-71. Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which the negligent or wrongful act or omission occurred.",
and inserting in lieu thereof a new Code Section 9-3-71 to read as follows:
"9-3-71. (a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
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(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
(c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.
(d) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-373, which shall be deemed to apply either to the applicable statutes of limitation or repose."
Section 2. Said article is further amended by striking Code Section 9-3-72, relating to limitations periods when foreign objects are left in the body, and inserting in lieu thereof a new Code Section 9-3-72 to read as follows:
"9-3-72. The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the term 'foreign object' shall not include a chemical compound, fixation device, or prosthetic aid or device."
Section 3. No action for medical malpractice which, prior to July 1, 1985, has been barred by the provisions of Title 9, relating to actions, shall be revived by this Act. No action for medical malpractice which would be barred before July 1,1986, by the provisions of this Act but which would not be so barred by the provisions of Title 9 in force immediately prior to July 1, 1985, shall be barred until July 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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HANDICAPPED PARKING -- TOWING EXPENSES. Code Section 40-6-225 Amended. No. 425 (Senate Bill No. 182). AN ACT
To amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, so as to provide that towing expenses shall be chargeable to the person responsible for payment on the lease or rental agreement if the vehicle is leased or rented; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, is amended by striking subsection (g) of said Code section in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped 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 40-6221 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 or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 1985.
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CONVEYANCE TO THE GORDON COUNTY BOARD OF COMMISSIONERS.
No. 17 (Senate Resolution No. 50).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Calhoun, Georgia, to the Gordon County Board of Commissioners; 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 Calhoun, Gordon County, Georgia; and
WHEREAS, said real property is described as: All or part of that certain tract or parcel of land containing approximately .44 acre, more or less situate, lying and being in the City of Calhoun, Georgia, land lot No. 205, 14th District, 3rd Section, Gordon County, Georgia; and being more particularly described as all that property as shown on a plat of survey prepared by Georgia registered land surveyor 1619, Carl F. Freeman, Jr., dated February 14, 1978, entitled "Survey for Gordon County"; and
WHEREAS, the State of Georgia currently has transferred the custody and management of the above-described property and improvements thereon to the Georgia Bureau of Investigation for use as a regional office; and
WHEREAS, the Board of Commissioners of Gordon County is desirous of obtaining all of the above-described real property and is agreeable as consideration for this conveyance of state property to construct a suitable office site on state owned property adjacent to Interstate 75 which has been agreed to by the Georgia Bureau of Investigation.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that, in all matters relating
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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 Board of Commissioners of Gordon County participating in the construction of a building that would be suitable for use by the Georgia Bureau of Investigation as a regional office and conveying its interest in this new regional office to the State of Georgia by appropriate instrument as consideration therefor.
Section 3. That the above-described real property shall be conveyed by appropriate instrument to the Board of Commissioners of Gordon County by the State of Georgia, acting by and through the State Properties Commission, after the condition in the hereinabove Section 2 is met by the Board of Commissioners of Gordon County and upon such other 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 50-16122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this resolution, currently on file with the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.
Section 5. That this resolution shall become effective upon its approval by the Governor 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 27, 1985.
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GEORGIA MEDAL OF HONOR. No. 18 (Senate Resolution No. 176).
A RESOLUTION
Authorizing the Georgia Department of Defense and the Georgia Department of Veterans Service to design and strike the Georgia Medal of Honor; and for other purposes.
WHEREAS, approximately 41 states have designed and struck a state Medal of Honor to pay homage to the men and women who have served in the military from their respective states; and
WHEREAS, the state Medal of Honor of the various states is displayed at the appropriate state capitol and at the Tomb of the Unknown Soldier at the Arlington Cemetery in Washington, D.C.; and
WHEREAS, the State of Georgia has always had a proud heritage and willingness on the part of her men and women to answer the call to protect and preserve the freedoms we enjoy in this great state and nation; and
WHEREAS, countless Georgians have made the supreme sacrifice to keep this state and nation democratic and free.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Defense and the Georgia Department of Veterans Service are authorized and directed to design and strike the Georgia Medal of Honor to commemorate and honor the past, present, and future military men and women of this state who have answered and who will continue to answer the call to protect and preserve the priceless liberties we cherish as a free society.
BE IT FURTHER RESOLVED that the Georgia Medal of Honor shall be displayed in the Rotunda on the second floor of the State Capitol in Atlanta and at the Tomb of the Unknown Soldier at Arlington Cemetery in Washington, D.C.
Approved March 27, 1985.
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THE ATLAS OF GEORGIA -- OFFICIAL STATE ATLAS. No. 19 (House Resolution No. 18). A RESOLUTION
Designating The Atlas of Georgia as the official state atlas of Georgia; and for other purposes.
WHEREAS, in 1981 the Institute of Community and Area Development in conjunction with the Department of Geography of the University of Georgia began the production of the first atlas ever produced for the State of Georgia; and
WHEREAS, this valuable resource will contain maps, charts, high altitude photographs, and satellite imagery and will describe the natural resources, physical characteristics, economy, people, and history of the state; and
WHEREAS, this publication will represent the first such comprehensive reference book of its type ever produced about the State of Georgia and represents an achievement about which the citizens of this state can take great pride; and
WHEREAS, it is only fitting and proper that we recognize the unique achievement and significant contribution made by this volume.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that The Atlas of Georgia is designated the official state atlas of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to forward an appropriate copy of this resolution to the director of the Institute of Community and Area Development of the University of Georgia, to the director of the Department of Geography of the University of Georgia, and to the president of the University of Georgia.
Approved March 28, 1985.
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CHARLES A. LINDBERGH HISTORICAL MARKER. No. 20 (House Resolution No. 20). A RESOLUTION
Authorizing and directing the Department of Natural Resources to erect a historical marker on State Route 49 at the entrance to Souther Field in Americus, Georgia, honoring Charles A. Lindbergh; and for other purposes.
WHEREAS, Charles A. Lindbergh, who died on August 6, 1974, was one of America's true heroes whose life reflected the adventure, dignity, tragedy, sacrifice, and integrity that characterizes this nation; and
WHEREAS, Americus, Georgia, is proud to be a part of the story of Lindbergh's aviation career; and
WHEREAS, in May, 1923, Charles A. Lindbergh visited Americus, Georgia, and Souther Field, a World War I air cadet training base, to look at surplus World War I "Jennie" airplanes; and
WHEREAS, the "Lone Eagle" purchased one of these airplanes for $500.00 and soloed from Souther Field before departing on a flying career which was to lead to his famous nonstop flight from New York to Paris five years later; and
WHEREAS, it is only fitting and proper to recognize the place where Charles A. Lindbergh began his aviation career.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does authorize and direct the Department of Natural Resources to erect an appropriate historical marker on State Route 49 at the entrance to Souther Field in Americus, Georgia, honoring Charles A. Lindbergh and recognizing that site as the place where he began his aviation career.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an
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appropriate copy of this resolution to Honorable J. Leonard Ledbetter, Commissioner of Natural Resources.
Approved March 28, 1985.
WALTER A. SCOTT MEMORIAL BRIDGE DESIGNATED.
No. 21 (House Resolution No. 24).
A RESOLUTION
Designating the Walter A. Scott Memorial Bridge; and for other purposes.
WHEREAS, one of Georgia's most distinguished citizens and outstanding lawyers, Honorable Walter A. Scott, passed away on June 20, 1982; and
WHEREAS, his untimely passing deeply saddened the hearts of his fellow residents of Wilkinson County; and
WHEREAS, his concern for his community was evident from his membership in the Gordon Methodist Church, the Wilkinson County Chamber of Commerce, the Oconee Area Planning and Development Commission, and the Irwinton Masonic Lodge; and
WHEREAS, Walter Scott was particularly active in fund raising for the Boy Scouts, the Little League, and the Wilkinson County Heart Association; and
WHEREAS, he had practiced law in Irwinton since 1963 and was recognized as a leader in the state's legal profession, having served in a multitude of positions of honor and trust for the State Bar of Georgia; and
WHEREAS, his colleagues in the profession had bestowed upon him the greatest recognition of his dedication and ability
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when they elected him to the presidency of the State Bar of Georgia, in which position his death prevented him from serving; and
WHEREAS, the numerous accomplishments of his career and the continuing memories and affection borne for this distinguished gentleman by residents of his county and state make it particularly appropriate that he should be recognized and his memory perpetuated by the designation in his honor of a bridge in the county which was his home.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge by which Georgia Highway 18 spans the Southern Railway System at Gordon, Georgia, is designated as the Walter A. Scott Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at approaches to said bridge designating it as the Walter A. Scott Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.
Approved March 28, 1985.
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THE ZELL MILLER CORPORATE CONFERENCE CENTER. No. 22 (House Resolution No. 50). A RESOLUTION
Providing for the designation of the "Zell Miller Corporate Conference Center" of the Georgia World Congress Center; and for other purposes.
WHEREAS, the Georgia World Congress Center is widely recognized as one of the most successful international trade and convention centers in the nation; and
WHEREAS, the Georgia World Congress Center has expanded its facilities to include a professional corporate conference center providing meeting facilities for an enlarged corporate marketing program; and
WHEREAS, Lieutenant Governor Zell Miller has always appreciated the role of the Georgia World Congress Center in attracting new corporate interests to Atlanta and the State of Georgia; and
WHEREAS, Lieutenant Governor Zell Miller is recognized as a pioneer among lieutenant governors of the nation with respect to his participation in international trade missions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Governors of the George L. Smith II Georgia World Congress Center Authority is authorized and directed to designate the new corporate conference center as the "Zell Miller Corporate Conference Center" and to affix an appropriate plaque at the entrance to the center for that purpose.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Lieutenant Governor Zell Miller and to the Board of Governors of the George L. Smith II Georgia World Congress Center Authority.
Approved March 28, 1985.
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COMPENSATION TO THE BALDWIN COUNTY BOARD OF COMMISSIONERS.
No. 23 (House Resolution No. 51).
A RESOLUTION
Compensating the Baldwin County Board of Commissioners; and for other purposes.
WHEREAS, on January 13, 1984, Mr. William Vaughn and Mr. Osear Dewberry, employees of the Department of Natural Resources, attempted to secure an aircraft of such department in a hangar at Baldwin County Airport in order to avoid inclement weather; and
WHEREAS, Mr. Ernest L. Smith, the Baldwin County Airport Manager, stated that he informed Mr. Vaughn and Mr. Dewberry that the hangar was full and could not accommodate any more aircraft; and
WHEREAS, Mr. Vaughn and Mr. Dewberry attempted to secure the aircraft in the hangar; and
WHEREAS, when Mr. Vaughn and Mr. Dewberry attempted to close the door of the hangar, the door came off the track causing additional cables to be cut and resulting in damages to the door of the hangar in the amount of $1,044.00; and
WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Smith or Baldwin County, and it is only fitting and proper that Baldwin County be reimbursed for such loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $1,044.00 to the Baldwin County Board of Commissioners as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28, 1985.
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ANTEBELLUM TRAIL DESIGNATED. No. 24 (House Resolution No. 52). A RESOLUTION
Designating the Antebellum Trail; and for other purposes.
WHEREAS, the romance, beauty, and charm of the Old South have not been forgotten; and
WHEREAS, the gracious and leisurely wonder of this period elicit fond and soothing memories in these modern and hectic times; and
WHEREAS, a truly scenic and historical view of the Old South can be recaptured by seeing the historic homes, many of which are on the national register; the scenic gardens; the period furnishings and the churches, schools, university buildings, and governmental buildings situated along United States Highways 129 and 441 and Georgia Highway 22 from Athens to Watkinsville to Madison to Eatonton to Milledgeville to Old Clinton to Macon; and
WHEREAS, in remembrance of this historic and charming period, it is only fitting and proper to designate a portion of this highway as the Antebellum Trail.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of United States Highways 129 and 441 and Georgia Highway 22 between Athens, Watkinsville, Madison, Eatonton, Milledgeville, Old Clinton, and Macon is designated as Georgia's Antebellum Trail.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and requested to place appropriate markers designating Georgia's Antebellum Trail.
BE IT FURTHER RESOLVED that grateful appreciation is expressed to the chambers of commerce and other civic organi-
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zations of Athens, Watkinsville, Madison, Eatonton, Milledgeville, Old Clinton, and Macon for their outstanding efforts in preserving and promoting the Old South attributes of Georgia's Antebellum Trail.
Approved March 28, 1985.
LEASE TO THE PELHAM DEVELOPMENT CORPORATION.
No. 25 (House Resolution No. 90).
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 pursuant to a resolution approved March 14, 1984 (Ga. L.1984, p. 479); 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 rightof-way of Georgia State Highway No. 3 which said point is located 122 feet North 1 degree 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 proceeding North 88 degrees 30' East a distance of 733.5 feet to a point; thence proceeding South 10 degrees 30' West a distance of 205 feet to a point;
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thence proceeding South 88 degrees 30' West a distance of 733.5 feet to a point on the Easterly side of the rightof-way of Georgia State Highway No. 3; thence proceeding North 1 degree 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 AND ENACTED 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 five years following the expiration of the lease entered into pursuant to said 1984 resolution, subject to the following conditions:
(1) That the consideration for the lease shall be $1,000.00 per month for a period of 60 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 author-
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ized and empowered to do all acts and things necessary and proper to effect such leasing.
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, 1985.
DISPOSITION OF STATE OWNED REAL PROPERTIES IN CERTAIN CITIES AUTHORIZED.
No. 26 (House Resolution No. 91).
A RESOLUTION
Authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Albany, Dougherty County, Georgia; Augusta, Richmond County, Georgia; Brunswick, Glynn County, Georgia; Carrollton, Carroll County, Georgia; Columbus, Muscogee County, Georgia; Dalton, Whitfield County, Georgia; Gainesville, Hall County, Georgia; Griffin, Spalding County, Georgia; Rome, Floyd County, Georgia; Savannah, Chatham County, Georgia; Statesboro, Bulloch County, Georgia; Valdosta, Lowndes County, Georgia; and Waycross, Ware County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain improved real properties located in the cities of Albany, Dougherty County, Georgia; Augusta, Richmond County, Georgia; Brunswick, Glynn County, Georgia; Carrollton, Carroll County, Georgia; Columbus, Muscogee County, Georgia; Dalton, Whitfield County, Georgia; Gainesville, Hall County, Georgia; Griffin, Spalding County, Georgia; Rome, Floyd County, Georgia; Savan-
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nah, Chatham County, Georgia; Statesboro, Bulloch County, Georgia; Valdosta, Lowndes County, Georgia; and Waycross, Ware County, Georgia; and
WHEREAS, such improved real properties are under the custody of the Department of Labor and the physical facilities located thereon are either presently being, or were formerly, used as local offices of the Department of Labor; and
WHEREAS, the Department of Labor has determined that such improved real properties and the physical facilities located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same cities or above-referenced counties are necessary.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the above-referenced improved real properties are located in and are more specifically described and referred to as:
(1) 929 West Broad Avenue, Albany, Dougherty County, Georgia;
(2) 425 Ninth Street, Augusta, Richmond County, Georgia;
(3) 1321 Union Street, Brunswick, Glynn County, Georgia;
(4) 1327 Union Street, Brunswick, Glynn County, Georgia;
(5) 705 Maple Street, Carrollton, Carroll County, Georgia;
(6) 1328 Second Avenue, Columbus, Muscogee County, Georgia;
(7) 1327 Third Avenue, Columbus, Muscogee County, Georgia;
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(8) 417 West Crawford Street, Dalton, Whitfield County, Georgia;
(9) 410 Bradford Street, N.W., Gainesville, Hall County, Georgia;
(10) 122 East Poplar Street, Griffin, Spalding County, Georgia;
(11) 710 East First Street, Rome, Floyd County, Georgia;
(12) 214 Drayton Street, Savannah, Chatham County, Georgia;
(13) 117 Savannah Avenue, Statesboro, Bulloch County, Georgia;
(14) 809 North Patterson Street, Valdosta, Lowndes County, Georgia; and
(15) 809 Elizabeth Street, Waycross, Ware County, Georgia.
Section 2. That the State of Georgia is the owner of the above-described improved real properties and that, in all matters relating to the disposition by sale, lease, or exchange of said improved real properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Labor in fulfilling the department's above-referenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Section 45-12-92 or any other provision of law, the State Properties Commission may permit any cash consideration received from said dispositions to be retained by the Department of Labor and applied by it to the acquisition, construction, and equipping of such replacement facilities; and, similarly, any in-
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kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs.
Section 3. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Labor, to dispose of by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real properties for a monetary or in-kind consideration of not less than the fair market value of each parcel of said improved real properties and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. If any such disposition of said above-described improved real properties is by sale or exchange the conveyance by the State of Georgia shall be by quitclaim deed.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real properties. As an indispensable part of the grant of authority contained in this Act, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and conditions of such transaction to the chairmen of the House Committee on State Institutions and Property and the Senate Committee on Public Utilities.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16122, requiring that a conveyance of real property by the State of Georgia be filed with the Secretary of State and accompanied by a plat of survey of the property conveyed, the plat of survey of each of the parcels of the above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission shall constitute an acceptable plat of survey of that particular parcel for filing with the Secretary of State.
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Section 6. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without his approval.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.
Approved March 28, 1985.
COMPENSATION TO DAVID M. BURNS.
No. 27 (House Resolution No. 99).
A RESOLUTION
Compensating Mr. David M. Burns; and for other purposes.
WHEREAS, on October 24, 1983, Mr. David M. Burns, an employee of the Department of Transportation, was working at the railroad bridge on Slurry Seal Project SF-401(123) on State Highway 401 and Interstate 75 in Whitfield County; and
WHEREAS, Mr. Burns had his personal, seven-drawer Craftsman tool box containing his personal tools in a Department of Transportation vehicle; and
WHEREAS, Mr. Burns and other employees began working on a project which took them about one and one-half miles away from the truck; and
WHEREAS, upon returning to the truck, Mr. Burns discovered that his tool box and tools were missing; and
WHEREAS, Mr. Burns has suffered loss of personal property totaling $1,054.19; and
WHEREAS, the loss occurred through no fault or negligence
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on the part of Mr. Burns and it is only fitting and proper that he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,054.19 to Mr. David M. Burns as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28, 1985.
VETERANS MEMORIAL HIGHWAY DESIGNATED.
No. 28 (House Resolution No. 101).
A RESOLUTION
Designating the Veterans Memorial Highway; and for other purposes.
WHEREAS, the citizens of the State of Georgia, Floyd County, and the City of Rome are proud of the many contributions and sacrifices which have been made by veterans; and
WHEREAS, numerous citizens of the City of Rome and Floyd County have served with distinction and valor in the Armed Forces of the United States; and
WHEREAS, the North Rome Connector is currently under construction between Highway 53 and Highway 27 in the City of Rome; and
WHEREAS, it is only fitting and proper that veterans be properly recognized for their service to their country.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
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ERAL ASSEMBLY OF GEORGIA that the North Rome Connector between Highway 53 and Highway 27 in the City of Rome is designated as the "Veterans Memorial Highway."
Approved March 28, 1985.
LEASE WITH SOUTHERN RAILWAY COMPANY.
No. 29 (House Resolution No. 111).
A RESOLUTION
Authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with Southern Railway Company concerning certain state owned real property located in Chattanooga, 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, 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 Central Avenue (approximately 66'x4,055') shown on Western and Atlantic Railroad Valuation Map No. V4/S-1-A which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia (said property shall be more particularly described by a plat of survey or a Seaboard System Railroad drawing presented to and approved by the State Properties Commission); and
WHEREAS, the State of Georgia currently has the above-
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described property leased to the Seaboard System Railroad until December 31, 1994; and
WHEREAS, in 1971 the Seaboard System Railroad rerouted its railroad facilities in order to bypass the downtown area of the City of Chattanooga; and
WHEREAS, the above-described property is a portion of the railroad right-of-way that abuts the downtown right-of-way which is to be abandoned in order that the City of Chattanooga can develop this area; and
WHEREAS, Southern Railway Company owns property adjoining the above-described real property; and
WHEREAS, Southern Railway Company has agreed to lease all of the above-described real property as an addition to its property in order to provide service to a shipper located on this portion of railroad right-of-way as required by the Interstate Commerce Commission.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the lease agreement of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the lease agreement of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, the Seaboard System Railroad, conveying its interest in said property to the State of Georgia by appropriate instrument.
Section 3. That the State Properties Commission is authorized to lease any or all of the above-described property to Southern Railway Company for a consideration of $10.00 and upon such other 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-
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122 of the O.C.G. A. 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 leasing of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.
Section 5. That this resolution shall become effective upon its approval by the Governor 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, 1985.
CONVEYANCE OF STATE OWNED PROPERTY IN THE CITY OF DALTON AUTHORIZED.
No. 30 (House Resolution No. 112).
A RESOLUTION
Authorizing the conveyance of certain state owned property in the City of Dalton, Whitfield County, 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 parcel of the Western and Atlantic Railroad lying and being in Land Lot 219 of the 12th District, 3rd Section, Whitfield County, Georgia, and described as parcel no. 4 shown on the Western and Atlantic Railroad Valuation Map No.
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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 approved purchaser);
and
WHEREAS, the State of Georgia currently has the abovedescribed property leased to the Seaboard System Railroad until December 31, 1994.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described 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 interest in said property to the State of Georgia by appropriate instrument.
Section 3. That the above-described real property shall be sold and conveyed by appropriate instrument to 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 the fair market value and upon such other 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 50-16122 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, approved by the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.
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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, 1985.
COMPENSATION TO MS. CHARLOTTE CHANCELLOR.
No. 31 (House Resolution No. 113).
A RESOLUTION
Compensating Ms. Charlotte Chancellor; and for other purposes.
WHEREAS, on July 3, 1984, Ms. Charlotte Chancellor, an inmate at the New Horizons Transitional Center located at 344 Ponce de Leon Avenue, Atlanta, Georgia, was routinely searched upon returning to the center from work; and
WHEREAS, Ms. Thelma Watkins, an employee of the Department of Offender Rehabilitation, found certain contraband on Ms. Chancellor; and
WHEREAS, Ms. Chancellor was placed in a holding room or lock-down pending disciplinary action; and
WHEREAS, at the time Officer Watkins placed Ms. Chancellor in holding, said officer confiscated numerous pieces ofjewelry belonging to Ms. Chancellor; and
WHEREAS, when Ms. Chancellor's personal effects were returned to her upon being released from holding on July 6,1984, certain pieces ofjewelry belonging to Ms. Chancellor were missing; and
WHEREAS, Ms. Chancellor has suffered loss of personal property totaling $1,500.00; and
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WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Chancellor and it is only fitting and proper that she be reimbursed for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is authorized and directed to pay the sum of $300.00 to Ms. Charlotte Chancellor as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28, 1985.
COMPENSATION TO FLOYD KEEN.
No. 32 (House Resolution No. 119).
A RESOLUTION
Compensating Mr. Floyd Keen; and for other purposes.
WHEREAS, on May 10, 1984, Mr. Floyd Keen was driving his 1978 Buick south on U. S. Highway 341 between Perry and Fort Valley, Georgia; and
WHEREAS, employees of the Department of Transportation had chip sealed the roadway in this area the previous two days and had posted signs warning of loose gravel; and
WHEREAS, the windshield and paint on Mr. Keen's automobile were damaged by gravel thrown from a truck passing Mr. Keen from the opposite direction; and
WHEREAS, Mr. Keen suffered damages to property totaling $700.75; and
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WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Keen and it is only fitting and proper that Mr. Keen be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $697.86 to Mr. Floyd Keen as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28, 1985.
EASEMENT TO THE CITY OF ACWORTH.
No. 33 (House Resolution No. 120).
A RESOLUTION
Authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Acworth an easement over, under, across, and through certain property owned by the State of Georgia and located in Cobb County, Georgia, for highway and city improvements by the construction, installation, operation, maintenance, repair, improvement, or replacement of retaining walls, roads, and utilities and sewerage and drainage systems for these improvements; 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 Cobb County, Georgia, which is leased to the Seaboard System Railroad, Inc.; and
WHEREAS, the City of Acworth is prepared to relocate a portion of Highway 293 (Main Street) and renovate a portion
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of its downtown area and desires an easement from the State of Georgia for such purposes; and
WHEREAS, said real property is described as follows:
All or part of that certain tract or parcel of land containing approximately 1.7 acre, more or less situate, lying and being in the City of Acworth, Georgia, in the 20th District, 2nd Section, Cobb County, Georgia, described as all or part of the Western and Atlantic Railroad, Acworth Depot Lot and a portion of the right-of-way between Valuation Station 183+76 and Valuation Station 182+50 shown on Western and Atlantic Railroad Valuation Map No. V2/15 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 drawings numbers A-597 and A-597A prepared by Seaboard System Railroad, Office of Division Engineer, Nashville, Tennessee, dated May 19, 1984, and last revised January 10, 1985, entitled "Pro Easement of Right-of-Way for Retaining Wall" and "State Highway Relocation M.P. WA-34.68, Acworth, Georgia." respectively (said property shall be more particularly described by a plat of survey or drawings submitted to the State Properties Commission for approval); and
WHEREAS, the Seaboard System Railroad, Inc., has approved the concept of this project and has no objection.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the real property described herein, referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to grant to the City of Acworth a perpetual easement for the purpose of implementing its downtown master plan which requires relocation of a portion of Highway 293 (Main Street) and renovating a portion of the downtown area by the construction, installation, operation, maintenance, repair, improvement, or replacement
GEORGIA LAWS 1985 SESSION
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of retaining walls, roads, and utilities and sewerage and drainage systems for these improvements in the easement area and for the purpose of operating, maintaining, repairing, and replacing certain improvements placed on said property, 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 Cobb County, Georgia, and is more particularly described hereinabove.
Section 3. That the grant of easement of the said hereinabove-described property shall be conditioned upon the lessee of the Western and Atlantic Railroad conveying its interest in said property to the State of Georgia by appropriate instrument.
Section 4. That a failure by the City of Acworth to utilize this area for the use specified for which this easement is granted or a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, titles, privileges, powers, and easement granted herein. Upon abandonment, the City of Acworth, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
Section 5. That no title shall be conveyed to the City of Acworth and except, as herein specifically granted to the City of Acworth, 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 the City of Acworth.
Section 6. That the easement granted to the City of Acworth shall contain such other terms, conditions, and covenants 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, for purposes of compliance with the provi-
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sions of paragraph (4) of subsection (b) of Code Section 50-16122 of the O.C.G.A. 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 or approved by the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.
Section 8. 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 facilities.
Section 9. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect the grant of the easement area.
Section 10. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. That all laws and parts of laws in conflict with this resolution are repealed.
Approved March 28, 1985.
LOCAL CONSTITUTIONAL AMENDMENTS OVERVIEW COMMITTEE.
No. 34 (House Resolution No. 170).
A RESOLUTION
Creating the Local Constitutional Amendments Overview Committee; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, at the November, 1982, general election, the
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people of Georgia ratified a new Constitution which became effective on July 1, 1983; and
WHEREAS, Article XI, Section I, Paragraph IV of the new Constitution provides for the repeal of all existing local constitutional amendments unless they are specifically continued in effect prior to July 1, 1987; and
WHEREAS, as a result of this new provision of the Constitution, the Lieutenant Governor and the Speaker of the House of Representatives requested the Office of Legislative Counsel to conduct a review of the existing local constitutional amendments; and
WHEREAS, the Office of Legislative Counsel has completed this review and has provided a listing of all the local constitutional amendments which are currently effective along with a limited analysis of each amendment and the need for its continuation based upon the new Constitution and current law; and
WHEREAS, considerable study should be given to the necessity of continuing each of the local amendments since the Constitution does not permit amendments which are continued to be amended in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created the Local Constitutional Amendments Overview Committee, hereinafter referred to as the committee. The committee shall act as the overall policy committee in directing and coordinating a comprehensive study to determine the need for continuing each of the local constitutional amendments and to explore the possibility of accomplishing the amendment's purpose through an alternative legal mechanism.
Section 2. The committee shall be composed of ten members who are recognized for their interest and expertise in the subject matter to be studied. Five members shall be appointed by the President of the Senate, at least three of whom shall be members of the Senate, and five members shall be appointed by the Speaker of the House of Representatives, at least three
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of whom shall be members of the House of Representatives. The Speaker of the House of Representatives shall appoint a cochairman and the President of the Senate shall appoint a cochairman. The committee shall meet at the call of the cochairmen. It is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this resolution which are necessary or convenient to enable it fully and adequately to exercise its powers, perform its duties, and accomplish the objectives and purposes of this resolution.
Section 3. Staff support for the committee shall be provided by the Office of Legislative Counsel. Other personnel as may be deemed necessary may be employed by the committee with the approval of the President of the Senate and the Speaker of the House of Representatives.
Section 4. The committee may designate and appoint subcommittees composed of public officials, citizens, and persons who are knowledgeable in the subject matter under review, including mayors, chairmen of boards of county commissioners, school superintendents, and city, county, and school board attorneys. The subcommittees shall study the issue of continuing local constitutional amendments and propose recommendations to the committee. The committee may appoint its members to each of the subcommittees. The committee shall periodically review the progress of the subcommittees and establish a schedule for completion of their review. The committee, either by itself or through the subcommittees, may hold hearings and take any action necessary or desirable to enable it to accomplish the objectives of this resolution.
Section 5. Legislative members of the committee and of the subcommittees shall receive the allowances authorized for legislative members of interim legislative committees. No other members of the committee or subcommittees shall receive any compensation, expenses, or allowances.
Section 6. The committee shall periodically issue reports of its findings and recommendations to the members of the General Assembly. In the event the committee recommends that legislation or proposed amendments to the Constitution be enacted, it shall furnish copies to the members of the General Assembly.
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Section 7. This resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. This resolution shall stand repealed on July 1, 1987, and the committee shall stand abolished on that date.
Section 8. All laws and parts of laws in conflict with this resolution are repealed.
Approved March 28, 1985.
RICHARD B. NEVILLE MEMORIAL BRIDGE DESIGNATED.
No. 35 (House Resolution No. 174).
A RESOLUTION
Designating the Six Mile Creek Bridge on State Highway 369 over Lake Lanier as the Richard B. Neville Memorial Bridge; and for other purposes.
WHEREAS, Judge Richard B. Neville was a life-long resident of the State of Georgia; and
WHEREAS, he received his LL.B. degree from the University of Georgia in 1963 and became a partner in the firm of Bolling and Neville in 1968 and served as the city attorney for Cumming and as the county attorney for Forsyth County; and
WHEREAS, he was appointed judge of the Superior Court of the Blue Ridge Circuit in May, 1977, and was reelected to that post until his death in 1984; and
WHEREAS, he was a civic and political leader as a former member of the Forsyth County Board of Education and the State Board of Education, a member of the City of Cumming Parks and Recreation Board, a member of the Board of Directors of
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the Forsyth County Bank, an elder and charter member of the Deer Creek Shores Presbyterian Church, a member of the Blue Ridge Bar Association, and president-elect and chairman of the Uniform Rules and Drafting Committee of the Council of Superior Court Judges; and
WHEREAS, it is appropriate that his memory be honored by the designation of a bridge as the Richard B. Neville Memorial Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Six Mile Creek Bridge on State Highway 369 over Lake Lanier be dedicated in honor of Judge Richard B. Neville for his service to the people of Forsyth County and the State of Georgia.
BE IT FURTHER RESOLVED that the Department of Transportation is directed to place and maintain appropriate markers at said bridge designating it as the Richard B. Neville Memorial Bridge.
Approved March 28, 1985.
COMPENSATION TO SHEILA J. AND KENNETH A. BURNS.
No. 36 (House Resolution No. 197).
A RESOLUTION
Compensating Sheila J. and Kenneth A. Burns; and for other purposes.
WHEREAS, on November 15,1983, the Ford truck of Sheila J. and Kenneth A. Burns was seized and impounded by an officer of the Department of Natural Resources as a result of a hunting violation by Mr. Burns and two others; and
WHEREAS, no condemnation was filed against the truck
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as a result of an agreement between counsel for Mr. Burns and the district attorney for the Oconee Judicial Circuit since the truck was newly purchased and the amount of indebtedness on the truck was equal to or in excess of the value of the truck; and
WHEREAS, on December 22, 1983, the truck was stolen from the Department of Natural Resources office in Metter, Georgia, before it could be returned to Mr. and Mrs. Burns; and
WHEREAS, Mr. and Mrs. Burns have suffered property loss totaling $5,012.19; and
WHEREAS, said loss occurred through no fault or negligence on the part of Mr. and Mrs. Burns and it is only fitting and proper that Mr. and Mrs. Burns be compensated for their loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $5,012.19 to Sheila J. and Kenneth A. Burns as compensation as provided above; provided, however, that such sum shall only be paid to such parties on the condition that at or prior to the time of payment Sheila J. and Kenneth A. Burns shall release any and all claims against the State of Georgia, the Department of Natural Resources, and any of its employees arising out of the seizure and subsequent loss of the Ford truck. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28, 1985.
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TOOMBS OAK HISTORICAL MARKER. No. 37 (House Resolution No. 199). A RESOLUTION
Providing for the erection of a historical marker at the site of the Toombs Oak on the campus of the University of Georgia; and for other purposes.
WHEREAS, Robert Toombs was born on July 2, 1810, in Wilkes County, Georgia, and enrolled at the age of 14 in the University of Georgia, then known as Franklin College, in Athens; and
WHEREAS, near the end of his third year of study he obtained dismissal from college but remained in Athens until commencement; and
WHEREAS, near the chapel, on the site of the present chapel, there stood a giant oak tree where, on commencement day, as the scene is described by N. B. Phillips in The Life of Robert Toombs, "mounting an improvised rostrum, under the tree, at the hour when his fellows approved by the faculty had begun their programme of speeches in the chapel, young Toombs began addressing in such vigorous tones, with such eloquent phrasing and such telling humour, that the audience within began to quit their seats and drift out of the building to enjoy the novel occasion; and Toombs did not conclude his harangue till the speakers inside had been left with but empty benches before them"; and
WHEREAS, for years thereafter the giant oak stood and was known by succeeding generations of students as Toombs Oak until, it is said, lightning struck the great tree on the day Toombs died and a marble sundial now marks the spot of the Toombs Oak; and
WHEREAS, Robert Toombs went on to graduate from Union College in New York in 1828, studied law at the University of
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Virginia, and was admitted to the bar in March of 1830; and
WHEREAS, in 1837, Robert Toombs was elected to the Georgia House of Representatives and he was annually reelected thereafter until 1843, except in 1841 when he was not a candidate, and he served therein as chairman of the Judiciary, Internal Improvements, Banking, and State of the Republic Committees; and
WHEREAS, he was elected to the United States Congress in 1844, and was elected to the United States Senate in 1854 and 1857; and
WHEREAS, he served as Brigadier General in the Confederate Army and as Secretary of State of the Confederate States of America and is largely credited with drafting the Constitution of 1877 of the State of Georgia; and
WHEREAS, some fitting memorial should be erected to commemorate Robert Toombs's famous oration on the occasion of commencement exercises in Athens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to erect an appropriate historical marker at the site of the Toombs Oak on the campus of the University of Georgia.
Approved March 28, 1985.
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CHARLIE KENDRICK MEMORIAL BRIDGE DESIGNATED. No. 38 (House Resolution No. 200). A RESOLUTION
Designating the Charlie Kendrick Memorial Bridge; and for other purposes.
WHEREAS, Charlie Kendrick is widely known and respected throughout Murray County and the State of Georgia; and
WHEREAS, he has made numerous contributions to the economic, civic, and social life of his county and state; and
WHEREAS, these contributions and the continuing memories and affection borne for this distinguished gentleman by residents of his county and state make it particularly appropriate that he should be recognized by the designation in his honor of a bridge in the county which is his home.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the County Road 17 bridge over Holly Creek in Murray County is designated as the Charlie Kendrick Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at approaches to said bridge designating it as the Charlie Kendrick Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.
Approved March 28, 1985.
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JOHN ROSS -- PORTRAIT PLACED IN THE STATE CAPITOL.
No. 39 (House Resolution No. 202).
A RESOLUTION
Commending John Ross and authorizing the placing of his portrait in the state capitol building; and for other purposes.
WHEREAS, the career of John Ross, chief of the Cherokee Nation, spanned nearly a half-century of the most dynamic era in Cherokee history; and
WHEREAS, he entered public service at the very time the Cherokees were undergoing significant political and social changes and led them as the destiny of the Cherokee Nation intertwined with the evolution of the United States; and
WHEREAS, he was highly skilled in the measured art of political diplomacy and from his first venture at the capital city in 1816 until the reconstruction negotiations of 1866, he displayed a prowess at the bargaining table that surprised each new set of Washington luminaries throughout his five decades of service; and
WHEREAS, he became such a figure at the federal capital that mail addressed simply "John Ross, Washington" would reach him; and
WHEREAS, he labored unceasingly to prod the United States to fulfill its treaty obligations and to guard the Cherokees against any further loss of land and his positions were constantly upheld in decisions of Georgia courts and the United States Supreme Court; and
WHEREAS, he resisted the Treaty of New Echota which called for the removal of the Cherokees from their ancient homelands until the Cherokees were rounded up at gunpoint, herded into stockades, and transported under armed guard; and
WHEREAS, in every election from 1828 to 1866 he was the overwhelming choice for the highest office of his people, an
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achievement which demonstrates a trust by his people that few other persons in substantial elective positions can equal; and
WHEREAS, he built his life and career upon loyalty to the Cherokees, hard work, and personal integrity.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recognizes and commends John Ross, chief of the Cherokee Nation, for his 50 years of distinguished and able leadership and public service.
BE IT FURTHER RESOLVED that a portrait of John Ross be placed at an appropriate place on the second or third floor of the state capitol building with the location of such portrait to be selected by the Speaker of the House of Representatives and the President of the Senate.
Approved March 28, 1985.
GEORGE GUESS -- PORTRAIT PLACED IN THE STATE CAPITOL.
No. 40 (House Resolution No. 203).
A RESOLUTION
Commending George Guess and authorizing the placing of his portrait in the state capitol building; and for other purposes.
WHEREAS, George Guess, commonly known as Sequoyah, was born in approximately 1770 in what is now the State of Tennessee and lived most of his life and did most of his work in what is now the State of Georgia; and
WHEREAS, he invented the Cherokee language alphabet which enabled his people, the Cherokee Nation, to become the most civilized, cultured, and best-governed tribe of the American Indians; and
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WHEREAS, his persistent and irrepressible interest in written language caused him to be ridiculed, threatened, burned out of his home, and banished; and
WHEREAS, he produced a syllabary of the Cherokee language which marked the beginning of one of the greatest demonstrations of mass education in history; and
WHEREAS, the education program he developed closely anticipated the future course of universal education throughout the United States and was a precursor to the phonetic approach to teaching reading; and
WHEREAS, he was directly responsible for the establishment in 1827 of the Cherokees as a nation and for the publication of a written constitution which provided for a bicameral legislature; and
WHEREAS, the continual dissemination of the printed word to a nearly 100 percent literate population created the bestinformed and most cohesive public opinion within any group of the United States; and
WHEREAS, he achieved in the short span of a decade for the Cherokees what it had taken other races centuries to accomplish; and
WHEREAS, the name "Sequoyah" which was given to him in derision has been given subsequently to the greatest of all trees, the towering redwoods of California, as a perpetual monument to his life and accomplishments.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does recognize and commend George Guess for his vision, drive, determination, and ultimate gift of communication to his people.
BE IT FURTHER RESOLVED that a portrait of George Guess be placed at an appropriate place on the second or third floor of the state capitol building with the location of such portrait to be selected by the Speaker of the House of Representatives and the President of the Senate.
Approved March 28, 1985.
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DeKALB JUNIOR COLLEGE -- APPROVAL OF ACQUISITION BY THE BOARD OF REGENTS OF THE
UNIVERSITY SYSTEM OF GEORGIA.
No. 41 (House Resolution No. 218).
A RESOLUTION
Relative to DeKalb Junior College being acquired by the Board of Regents of the University System of Georgia; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly expresses its approval that the Board of Regents of the University System of Georgia acquire DeKalb Junior College and operate said college as a unit of the University System of Georgia, subject to all policies of the board of regents, effective July 1, 1986.
BE IT FURTHER RESOLVED that, in furtherance of the objective that DeKalb Junior College become a unit of the University System of Georgia on July 1,1986, the General Assembly recommends and urges:
1. The Board of Education of DeKalb County and the board of regents to make plans and take the necessary steps to bring about the acquisition of DeKalb Junior College by the board of regents;
2. The Governor, the board of regents, and the Office of Planning and Budget to make plans for and budget additional funds, including those generated by the university system funding formula, necessary for the 1986-87 fiscal year and thereafter, for the board of regents to operate DeKalb Junior College as a unit of the University System of Georgia; and
3. The House and Senate Committees on Appropriations to provide additional necessary funds, including those generated by the university system funding for-
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mula, for the board of regents, in the 1986-87 General Appropriations Act and subsequent appropriation Acts, to operate DeKalb Junior College as a unit of the University System of Georgia.
BE IT FURTHER RESOLVED that the acquisition of DeKalb Junior College by the board of regents is subject to the following conditions:
1. All real property, all physical facilities, and all personal property used by and directly for the purposes of DeKalb Junior College shall be transferred to and become the property of the board of regents without any cost whatsoever to the board of regents or to the State of Georgia for the acquisition of such property;
2. That any bonded indebtedness of the Board of Education of DeKalb County which was incurred for the purposes of the construction of any facilities of DeKalb Junior College which remains outstanding at the time said college is acquired by the board of regents shall remain solely an obligation of the Board of Education of DeKalb County;
3. That the Board of Education of DeKalb County resolve and enter into all necessary agreements whereby the Board of Education of DeKalb County shall pay to the general fund of the state treasury, on or before December 31 in the fiscal years 1986-87, 1987-88, 1988-89, an amount, per fiscal year, equal to one mill applied against the tax digest of the DeKalb County School District for the immediately preceding year, with such funds to be applied to operation and maintenance of DeKalb Junior College; and
4. That effective for the 1986-87 fiscal year and thereafter, when DeKalb Junior College is operated as a unit of the University System of Georgia, said college and its operation shall be funded by the board of regents and shall be expressly subject to the bylaws and policies of the board of regents and the directives of the chancellor.
BE IT FURTHER RESOLVED that the Clerk of the House
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of Representatives is authorized and directed to transmit a copy of this resolution to Honorable Joe Frank Harris, Governor; Honorable Vernon Crawford, chancellor of the board of regents; Honorable Robert R. Freeman, Superintendent of DeKalb County Schools; and to each member of the Board of Education of DeKalb County and to each member of the board of regents.
Approved March 28, 1985.
BERRIEN COUNTY AND THE SCHOOL BOARD OF BERRIEN COUNTY -- RELEASE OF REVERTERS IN FEE
SIMPLE DEEDS WITHOUT WARRANTY.
No. 42 (House Resolution No. 219).
A RESOLUTION
Authorizing the release of certain reverters in Fee Simple Deeds Without Warranty which conveyed certain real property to Berrien County and the School Board of Berrien County; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, in 1948, the State of Georgia purchased certain real property from Berrien County for a consideration of $10.00 and used the property for agricultural purposes; and
WHEREAS, pursuant to Res. Act 84 (S.R. 357, Ga. L. 1974, p. 332, approved March 19, 1974), the Governor, acting for and on behalf of the State of Georgia, conveyed on January 3, 1975, the following described real property which had been purchased in 1948 to the governing authority of Berrien County:
"TRACT ONE:
One lot in the City of Nashville, Berrien County, Georgia, more particularly described as follows:
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Beginning at a point on the East side of the right-ofway of paved U. S. Highway No. 129, which point is One Hundred Eighty-seven (187) feet North of the intersection of Hazel Street (formerly called Boneyard Street) with said right-of-way of said highway, and running thence in an easterly direction a distance of 244.58 feet to an agreed corner on the West side of South Jefferson Street, which agreed corner is One Hundred Seventy-one (171) feet North of said Hazel Street and running thence North along the West side of South Jefferson Street a distance of Three Hundred (300) feet to an agreed corner; thence in a westerly direction along agreed line a distance of Two Hundred Thirty (230) feet to a point on said right-of-way of said highway; thence running in a southerly direction along the East side of said rightof-way a distance of Three Hundred (300) feet to the point of beginning.
TRACT TWO:
All that tract or parcel of land situated, lying and being in lot of land #189 in the 10th land district of Berrien County, Georgia and also located in the City of Nashville, Georgia, containing 2.3392 acres, more or less, and being bounded on the north by the right-of-way of Day Avenue and by lands presently owned by the State of Georgia (being conveyed to the Berrien County Board of Education part of way); on the east by lands now owned by the State of Georgia (being conveyed to the Berrien County Board of Education) part of way, and by lands of the State of Georgia part of way; on the south by the right-of-way of Hazel Street; and on the west by the right-of-way of South Jefferson Street. Said tract being more particularly described according to a plat of survey prepared by William H. Branch, Registered Land Surveyor, (this tract being designated as tract number 2 on said plat) which plat, dated February 2, 1974, and recorded in plat book 3 at page 424 in the office of the Clerk of the Superior Court of Berrien County, Georgia is by reference incorporated herein as a part of this description."; and
WHEREAS, the property was conveyed to Berrien County in a Fee Simple Deed Without Warranty which contained the following provision:
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"In the event that Grantee should ever cease to use the real property for governmental purposes, title to the abovedescribed real property shall automatically revert to Grantor without the necessity of re-entry by Grantor."; and
WHEREAS, pursuant to Res. Act 85 (S.R. 358, Ga. L. 1974, p. 339, approved March 19, 1974), the Governor, acting for and on behalf of the State of Georgia, conveyed on January 3, 1975, the following described real property to the School Board of Berrien County:
"All Those Certain Two Tracts Of Land Lying And Being In The City of Nashville, County of Berrien, State Of Georgia, and being more particularly described as follows:
TRACT ONE (now referred to as TRACT 3):
Three (3) acres, more or less, of lot of land No. 189 in the Tenth Land District of Berrien County, Georgia, lying and being in the City of Nashville, Georgia and better described as follows: Beginning at the southwest corner of said tract of land at the intersection of the North side of Day Avenue with the East side of South Jackson Street and running thence in a northerly direction along the East margin of South Jackson Street a distance of Three Hundred and Thirty-five (335) feet to lands of J. H. Anderson; thence in an easterly direction along the line of the lands of J. H. Anderson a distance of Three Hundred and Eighty-five (385) feet to King Street; thence in a southerly direction along the West margin of King Street a distance of Three Hundred and Thirty-five (335) feet to Day Avenue, and thence in a westerly direction along the North margin of Day Avenue a distance of Three Hundred and Eighty-five (385) feet to the point of beginning.
TRACT TWO (now referred to as TRACT 3A):
All that tract or parcel of land situated, lying and being .91524 acres, more or less, located in lot of land #189 in the 10th land district of Berrien County, Georgia, and also located in the City of Nashville, Georgia, said tract bounded on the north by the right-of-way of Day Avenue; on the east by the right-of-way of King Street; on the south by lands
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owned by the State of Georgia (being conveyed to Berrien County) part of way and by lands of the State of Georgia part of way; and on the west by lands of the State of Georgia (being conveyed to Berrien County). Said tract being designated as Tract 3-A on a certain plat of survey prepared by William H. Branch, Registered Land Surveyor, on February 2, 1974, which plat, recorded in plat book 3 page 424 in the office of the Clerk of the Superior Court of Berrien County, Georgia, is by reference incorporated herein as a part of this description."; and
WHEREAS, the property was conveyed to the School Board of Berrien County in a Fee Simple Deed Without Warranty which contained the following provision:
"In the event that Grantee should ever cease to use the said real property for school purposes, title to the abovedescribed real property shall automatically revert to Grantor without the necessity of re-entry by Grantor."; and
WHEREAS, none of the above-described real property is needed by the State of Georgia; and
WHEREAS, Berrien County and the School Board of Berrien County are interested in selling the above-described real property and using the funds from such sale to purchase other property and build governmental facilities on such acquired property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That, in all matters relating to the release of the reverters in the Fee Simple Deeds Without Warranty which conveyed the above-described real property to Berrien County and the School Board of Berrien County, 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 and empowered:
(1) To release the reverter in the Fee Simple Deed Without Warranty which was executed January 3, 1975, and
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which conveyed the above-described real property to Berrien County; and
(2) To release the reverter in the Fee Simple Deed Without Warranty which was executed January 3, 1975, and which conveyed the above-described real property to the School Board of Berrien County.
Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the release of the reverters contained in the Fee Simple Deeds Without Warranty executed January 3,1975.
Section 4. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16122 requiring that a conveyance of real property by the State of Georgia be filed with the Secretary of State and accompanied by a plat of survey of the property conveyed, the plats of survey of the properties, the release of the reverters in which is authorized by this resolution, filed with and approved by the State Properties Commission shall constitute acceptable plats of survey for filing with the Secretary of State.
Section 5. That this resolution shall become effective as law 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, 1985.
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EASEMENT TO THE CITY OF TYBEE ISLAND. No. 43 (House Resolution No. 220). A RESOLUTION
Authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of a fishing pier to be built over, under, across, or through such state owned property; 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 Chatham County, Georgia; and
WHEREAS, the City of Tybee Island desires to construct, repair, and replace a fishing pier facility and related activities in the property described below and desires an easement from the State of Georgia for such purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the real property described herein, referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, grants to the City of Tybee Island a perpetual easement for the installation, operation, and maintenance of a fishing pier facility and related activities in the easement area for the purpose of constructing, operating, maintaining, repairing, and replacing a fishing pier, 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 Chat-
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ham County, Georgia, and is more particularly described as shown on a plat of survey dated January 25, 1985, and labeled "Plat Of An Easement From The State Of Georgia To The City Of Tybee, Tybee Island For: City Of Tybee Island, Ga." prepared by Bert B. Barrett, Sr., Georgia Registered Land Surveyor No. 1239.
Section 3. That the City of Tybee Island shall have the right to remove from said easement area only such sand and gravel as may be reasonably necessary for the proper construction, operation, and maintenance of said fishing pier.
Section 4. That a failure by the City of Tybee Island to utilize this area for the use specified for which this easement is granted or 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 City of Tybee Island, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
Section 5. That no title shall be conveyed to the City of Tybee Island and except, as herein specifically granted to the City of Tybee Island, 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 the City of Tybee Island.
Section 6. That the easement granted to the City of Tybee Island shall contain written approval by the Department of Natural Resources and such other terms, conditions, and covenants 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 facilities.
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Section 8. That the State Properties Commission is authorized 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 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 28, 1985.
COMPENSATION TO MS. CHRISTINE CAROL HAMBY.
No. 44 (House Resolution No. 224).
A RESOLUTION
Compensating Ms. Christine Carol Hamby; and for other purposes.
WHEREAS, on January 22, 1984, Ms. Christine Carol Hamby, a new resident of the Atlanta area, was driving her 1983 Chevrolet Camaro on Georgia Highway 85 near Forest Park, Georgia; and
WHEREAS, Ms. Hamby thought that she was about to enter Interstate 75 north when she suddenly crashed through a barricade and into large rocks at the end of the road; and
WHEREAS, there were no signs or road markings to indicate that the road was about to end; and
WHEREAS, Ms. Hamby has suffered personal injuries and property damage in the loss of her car totaling $109,500.00; and
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WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Hamby and it is only fitting and proper that she be reimbursed for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $2,600.00 to Ms. Christine Carol Hamby as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 28, 1985.
THE DOCTORS FLOYD BRIDGE DESIGNATED.
No. 45 (House Resolution No. 235).
A RESOLUTION
Commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge; and for other purposes.
WHEREAS, the following distinguished Georgians exemplify the highest traditions of the medical profession in this state: Dr. Frank Forest Floyd (1875-1926), Dr. Waldo Emerson Floyd (1900-1967), Dr. Waldo Emerson Floyd, Jr. (1929- ), and Dr. Waldo Emerson Floyd III (1954- ); and
WHEREAS, these gentlemen are descendants of the early pioneer settlers of Bulloch County and the surrounding areas; and
WHEREAS, these outstanding practitioners have provided the residents of Bulloch County with over 100 years of unselfish devotion to the art of medicine; and
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WHEREAS, these extraordinary men were model examples of the vanishing institution, "the family doctor," and extended the helping hand of warm friendship and capable medical service to those who were in need at any time of day or night; and
WHEREAS, during their years of conscientious service, they have treated countless thousands of patients, devoted innumerable hours to their work, and have been instrumental in improving the standards and facilities for quality health care for the citizens of their community; and
WHEREAS, the century and more of selfless and untiring service to their fellow citizens by this dedicated medical family makes the designation of an appropriate memorial in Bulloch County fitting.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Dr. Frank Forest Floyd, Dr. Waldo Emerson Floyd, Dr. Waldo Emerson Floyd, Jr., and Dr. Waldo Emerson Floyd III for their many decades of inspirational, meritorious, and humanitarian service and their deep level of personal and professional commitment to the members of their community and state.
BE IT FURTHER RESOLVED that the westerly bridge of the bridges whereby Georgia Highway 119 crosses the Ogeechee River in Bulloch County is named and designated as the Doctors Floyd Bridge as a gesture of sincere gratitude for the outstanding service they have rendered.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating said bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the following persons: Dr. Paul Tilson, president, Ogeechee River Medical Society, Bulloch County Hospital Authority, Bulloch County Medical Staff*, Board of Commissioners of Bulloch County, Bulloch County Historical Society, Dr. and Mrs. Waldo Floyd, Jr., Mrs. Waldo E. Floyd,
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Sr., Dr. and Mrs. Waldo E. Floyd III, Mr. and Mrs. Ray Hendley, Mr. and Mrs. Jack Carman, Dr. and Mrs. Samuel Tillman, Mr. and Mrs. Harry Floyd Emmitt, Mr. and Mrs. Isaac Bunce, Mr. Joseph Gerome Tillman II, Dr. W. M. Cone, Miss Constance Cone, Mr. Ed Cone, Mr. Gilbert Cone, Jr., Dr. John Cone, Descendants of Clisby Cone c/o Dr. W. M. Cone, Mr. Henry E. Cone, and Mrs. R. L. Cone, Jr.
Approved March 28, 1985.
CAPTAIN WILLIAM CONE BRIDGE DESIGNATED.
No. 46 (House Resolution No. 236).
A RESOLUTION
Designating the Captain William Cone Bridge; and for other purposes.
WHEREAS, Captain William Cone (1745-1816) and his family were among the earliest settlers of Bulloch County; and
WHEREAS, this outstanding revolutionary soldier was an ardent patriot and served in McLean's Regiment under General Francis Marion; and
WHEREAS, Captain Cone was foreman of the first grand jury of Bulloch County, and many of Captain Cone's descendants and kinsmen have played prominent roles in the history of Bulloch and Effingham counties and the State of Georgia; and
WHEREAS, it is fitting that an appropriate memorial should be dedicated to this distinguished Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge whereby Georgia Highway 119 crosses the main thread of the Ogeechee River
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between Bulloch and Effingham counties is named and designated as the Captain William Cone Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating said bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the following persons: Dr. W. M. Cone, Miss Constance Cone, Mr. Ed Cone, Mr. Gilbert Cone, Jr., Dr. John Cone, Descendants of Clisby Cone c/o Dr. W. M. Cone, Mr. Henry E. Cone, and Mrs. R. L. Cone, Jr.
Approved March 28, 1985.
CONVEYANCE TO RITA N. SHINALL.
No. 47 (House Resolution No. 275).
A RESOLUTION
Authorizing the conveyance of certain real property located in Chatham County, Georgia, to Rita N. Shinall; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, Rita N. Shinall has filed a Petition to Establish Fee Simple Title Against All The World As Per Section 23-360,0.C.G.A., in the Superior Court of Chatham County, Georgia, Civil Action No. X84-1435-C, claiming fee simple title to a tract of land located in Chatham County, Georgia, on Wilmington Island and adjacent to Sheepshead Creek; and
WHEREAS, the State of Georgia has filed an Answer and Counterclaim on Behalf of the State of Georgia in the abovereferenced civil action, claiming that a portion of the property which is the subject of the action is now or was marshland and is owned by the State of Georgia; and
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WHEREAS, a portion of the land claimed both by Rita N. Shinall and by the State of Georgia was marshland which was filled by persons other than Rita N. Shinall prior to enactment of Part 4 of Article 4 of Chapter 5 of Title 21 of the O.C.G.A., the "Coastal Marshlands Protection Act of 1970"; and
WHEREAS, the State of Georgia has no further need for that small portion of land, approximately .1 acre, which was marshland but has been filled for many years; and
WHEREAS, Rita N. Shinall has agreed to execute a deed to the State of Georgia of any interest she may have in that portion of the land described in the Petition which is now marshland.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "property," and that, in all matters relating to the property, the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the State of Georgia, acting by and through the State Properties Commission, convey to Rita N. Shinall a quitclaim deed to the following real property:
All that certain lot, tract or parcel of land lying, situate and being in the 5th G.M. District of Chatham County, Georgia on Wilmington Island and known as THE (HIGH GROUND) PORTION OF LOT "H", WILMINGTON ISLAND PLEASURE AND IMPROVEMENT COMPANY SUBDIVISION, which is more particularly described as follows:
BEGINNING at the existing concrete monument at the point of intersection of the western right-of-way line of First Avenue and the northern right-of-way line of East Boulevard; thence South 28 57' East a distance of 20.73 feet to a point; thence South 28 57' East a distance of 59.27 feet to the true point of beginning; thence North 61 05' East a distance of 69.47 feet to an existing concrete monument;
GEORGIA LAWS 1985 SESSION
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thence South 35 40' East a distance of 82.15 feet to a point; thence South 58 19' 30' West a distance of 42.19 feet to a point; thence South 30 27' 15' East a distance of 3.61 feet to a point; thence South 59 42' 50' West a distance of 26.54 feet to a point; thence North 28 14' West a distance of 53.12 feet to a point; thence South 64 39' 20' West a distance of 11.18 feet to a point; thence North 28 57' West a distance of 34.04 feet to the true point of beginning. Said property is bounded as follows: On the northwest by a portion of East Boulevard right-of-way; on the northeast by Lot 64-A of said Subdivision; on the southeast by the marsh; and on the southwest by land of Inez Rogers and the marsh.
Section 3. That the consideration for such quitclaim deed shall be $1.00 and a quitclaim deed from Rita N. Shinall to the State of Georgia conveying any right, title, and interest which she may have, if any, in and to the marshland which is adjacent to the property and which lies between the property and the low water mark of Sheepshead Creek, which marshland will be more specifically described with reference to a plat of survey to be approved by the State Properties Commission prior to closing.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 5. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval.
Section 6. That all laws and parts of laws in conflict with this Resolution are repealed.
Approved March 28, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ACT PROVIDING FOR A BOARD OF ELECTIONS IN CERTAIN COUNTIES (60,000-67,000) REPEALED.
Ga. L. 1974, p. 2652, as amended, Repealed. No. 457 (House Bill No. 856). AN ACT
To repeal an Act providing for a board of elections in each county of this state having a population of not less than 60,000 and not more than 67,000 according to the United States decennial census of 1980 or any future such census, formerly a population of not less than 51,000 and not more than 55,110 according to the United States decennial census of 1970 or any future such census, approved March 21, 1974 (Ga. L. 1974, p. 2652), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4530) and Section 17 of an Act approved April 14, 1982 (Ga. L. 1982, p. 5040); to provide that this Act shall become effective on July 1,1985, only if prior to July 1,1985, the General Assembly has adopted and the Governor has approved a bill to create a board of elections and registration in Whitfield County or if prior to July 1, 1985, such a bill has become law without the Governor's approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a board of elections in each county of this state having a population of not less than 60,000 and not more than 67,000 according to the United States decennial census of 1980 or any future such census, formerly a population of not less than 51,000 and not more than 55,110 according to the United States decennial census of 1970 or any future such census, approved March 21, 1974 (Ga. L. 1974, p. 2652), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4530) and Section 17 of an Act approved April 14, 1982 (Ga. L. 1982, p. 5040), is repealed in its entirety; and the board of elections established by said Act is abolished.
GEORGIA LAWS 1985 SESSION
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Section 2. This Act shall become effective July 1, 1985, only if prior to July 1, 1985, the General Assembly has adopted and the Governor has approved a bill to create a board of elections and registration in Whitfield County or if prior to July 1, 1985, such a bill has become law without the Governor's approval. If prior to July 1, 1985, no bill to create a board of elections and registration in Whitfield County has become law, then this Act shall be void and shall not become effective.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Notice,?-
Notice is given that there will be introduced at the regular 1985 Session of the General Assembly of Georgia a bill to create a board of elections and registration for Whitfield County; to provide for membership on the board; to provide for the powers and duties of the board with respect to the registration of voters and the holding of elections; to provide for related matters; and for other purposes.
This 18th day of January, 1985.
Roger Williams State Representative, District 6, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily CitizenNews which is the official organ of Whitfield County, on the following date: January 26, 1985.
/s/ Roger Williams Representative, 6th District
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me, this 18th day of February, 1985.
/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal).
Approved March 28, 1985.
INSURANCE -- GROUP LIFE INSURANCE; INDEBTEDNESS; EXTRAORDINARY PAYMENTS; TERM
FOR WHICH DEBTOR IS ELIGIBLE FOR INSURANCE.
Code Section 33-27-1 Amended.
No. 518 (House Bill No. 81).
AN ACT
To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, so as to provide for extraordinary payments when an indebtedness is payable in unequal installments; to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, is amended by striking subparagraph (A) of paragraph (2) in its entirety and substituting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness
GEORGIA LAWS 1985 SESSION
617
is repayable either in installments, including any extraordinary payment of an installment or lease-purchase obligation, or in one sum at the end of a period not in excess of 24 months from the initial date of debt or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term 'debtors' shall include the debtors of one or more subsidiary corporations and the debtors of one or more affiliated corporations, proprietors, or partnerships, if the business of the policyholder and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership, contract, or otherwise. No debtor shall be eligible unless the indebtedness constitutes an irrevocable obligation to repay which is binding upon him during his lifetime at the time the insurance becomes effective upon his life;".
Section 2. This Act shall become effective upon its approval by 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, 1985.
PUBLIC OFFICERS AND EMPLOYEES -- KICKBACKS FOR POLITICAL PURPOSES PROHIBITED.
Code Section 45-11-10 Amended. No. 519 (House Bill No. 128). AN ACT
To amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning
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GENERAL ACTS AND RESOLUTIONS, VOL. I
public officers and employees, so as to make it unlawful for any officer or employee of any county, municipal corporation, school district, or other political subdivision to coerce or attempt to coerce or command directly or indirectly any other officer or employee of such political subdivision to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by striking Code Section 45-11-10 in its entirety and inserting in lieu thereof a new Code Section 45-11-10 to read as follows:
"45-11-10. (a) It shall be unlawful for any officer or employee of this state to coerce or attempt to coerce or command directly or indirectly any other state officer or employee to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.
(b) It shall be unlawful for any officer or employee of any county, municipal corporation, school district, or other political subdivision to coerce or attempt to coerce or command directly or indirectly any other officer or employee of such political subdivision to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes, n
(c) Any person who violates any provision 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 March 28, 1985.
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619
PROFESSIONAL ASSOCIATIONS -- REGISTERED OFFICE AND REGISTERED AGENT REQUIRED; FEE; PENALTY. Code Section 14-10-13 Amended. No. 520 (House Bill No. 311). AN ACT
To amend Code Section 14-10-13 of the Official Code of Georgia Annotated, relating to the annual report for professional associations, so as to require that each professional association have a registered agent and registered office; to require that such agent and office be filed with the Secretary of State; to provide that the Secretary of State shall prescribe and furnish the form of annual reports; to change certain fees related to filing annual reports; to change the penalty for failure to file reports; to authorize the Attorney General to bring proceedings in the name of the state to enforce penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 14-10-13 of the Official Code of Georgia Annotated, relating to the annual report for professional associations, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 14-10-13 to read as follows:
"14-10-13. A professional association shall, within 30 days after the organization of the professional association pursuant to this chapter and within 30 days after November 1 in each year thereafter, furnish a statement to the Secretary of State showing the names and post office addresses of all members or shareholders in such professional association and shall certify that all members or shareholders are duly licensed or otherwise legally authorized to render professional service in this state. Each professional association shall have and continuously maintain a registered office and registered agent and shall file such office and agent with the Secretary of State as provided in Code Sections 14-2-60
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and 14-2-61. Annual reports shall be made on such form as shall be prescribed and furnished by the Secretary of State, shall be signed by the president or vice-president of the professional association and acknowledged and sworn to before a notary public by the person signing the report, and shall be filed in the office of the Secretary of State, together with a filing fee in the amount of $10.00. Upon the failure or refusal of any professional association to furnish the report to the Secretary of State, the professional association shall be penalized $25.00 for each year in which it so fails or refuses. The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the state to enforce the penalty imposed by this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
HEALTH -- HOSPITALIZATION FOR TUBERCULOSIS; COMMITMENT PROCEDURES.
Code Title 31, Chapter 14 Amended.
No. 521 (House Bill No. 366).
AN ACT
To amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to change certain procedures regarding hearings to commit certain persons suspected of having contagious tuberculosis; to change to whom and to which hospitals such persons may be committed; to change who determines whether such committed persons may be discharged and who may petition the court regarding committed persons on unauthorized leave; to change
GEORGIA LAWS 1985 SESSION
621
certain provisions regarding the enforcement of rules and regulations; to provide for completion of therapy; to delete certain prohibited conduct and penalties therefor; to provide for alternative screening, evaluation, and outpatient treatment and the procedures, conditions, compliance, and sanctions relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, is amended by striking Code Section 31-14-3, relating to hearings on petition, and inserting in its place the following:
"31-14-3. Immediately upon the filing of a petition pursuant to Code Section 31-14-2, the judge of the superior court shall set the matter for a hearing. Such hearing shall be held within 72 hours subsequent to the time of filing. The judge shall, where prayed for in the petition, provide for the examination of the person named therein by a licensed physician, which examination shall include sputum examinations by a laboratory approved by the department and a recent chest X-ray of good diagnostic quality interpreted by a physician licensed to practice under Chapter 34 of Title 43, as a part of the order setting the matter for hearing; the order shall require the person or persons named therein to make such examination. Any X-ray and accompanying report or any written report as to a sputum examination shall be admissible as evidence without the necessity of the personal testimony of the person or persons making such examination and report. All court costs incurred in proceedings under this chapter, including costs of examinations required by order of court but excluding any examinations procured by the person named in the petition, shall be borne by the county wherein the proceedings are brought."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 31-14-7, relating to results of hearing, and inserting in its place the following:
"(a) Upon the hearing set in the order, the court, after considering the petition, the report of the examination, if
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GENERAL ACTS AND RESOLUTIONS, VOL. I
any, and such other evidence as may be produced by the parties, shall issue an order either dismissing the petition or committing the defendant to the custody of the sheriff of the county or his deputies to be delivered to the designated unit of the Northwest Georgia Regional Hospital or such other hospital as may be approved by the department for the care of tubercular patients. The costs of transporting such person to the hospital shall be paid out of county funds."
Section 3. Said chapter is further amended by striking Code Section 31-14-8, relating to period of confinement of committed patients, and inserting in its place the following:
"31-14-8. Upon commitment the patient shall be confined in the Northwest Georgia Regional Hospital or such other hospital as may be approved by the department for the care of tubercular patients until such time as the designated responsible physician of the tuberculosis inpatient unit or the community tuberculosis control unit determines that the patient no longer has contagious tuberculosis or that his discharge will not endanger the public health; provided, however, that short emergency leaves in the event of death or critical illness in the family or short therapeutic leaves may be granted under conditions which would not adversely affect the public health and in accordance with rules and regulations established by the department."
Section 4. Said chapter is further amended by striking Code Section 31-14-10, relating to enforcement of rules and regulations, and inserting in its place the following:
"31-14-10. The county boards of health or their duly authorized agents shall, within their respective limits, enforce rules and regulations adopted by the department for the protection of the public against contagious tuberculosis."
Section 5. Said chapter is further amended by striking Code Section 31-14-11, relating to unauthorized hospital leave, and inserting in its place the following:
"31-14-11. Any person who leaves a hospital operated by the department for the treatment of tuberculosis to which he has been committed by court order, without having been
GEORGIA LAWS 1985 SESSION
623
discharged by the medical staff of the tuberculosis inpatient unit or the community tuberculosis control unit, shall be taken into custody and returned thereto by the sheriff of any county where such person may be found, upon affidavit being filed with the sheriff by the designated responsible official of the hospital to which such person has been committed."
Section 6. Said chapter is further amended by striking Code Section 31-14-12, relating to persons who obey certain rules and regulations, and inserting in its place the following:
"31-14-12. No person having contagious tuberculosis who, in his home or other place, obeys the rules and regulations of the department and county boards of health for the control of contagious tuberculosis or who voluntarily accepts care in a hospital operated for the care of tuberculosis, in his home, or in another place and who obeys the rules and regulations of the department and completes the prescribed course of therapy for the control of contagious tuberculosis shall be committed sis prescribed in this chapter."
Section 7. Said chapter is further amended by striking Code Section 31-14-13, relating to prohibited conduct on hospital grounds, and inserting in its place the following:
"31-14-13. (a) In lieu of the petition for commitment sis authorized by Code Section 31-14-2, the county board of health or the department may petition the court for an order directing the person to comply with a plan of evaluation or outpatient treatment. The department may also petition the court for an order directing the parents, guardians, or custodians of persons under the age of 18 who have been exposed to tuberculosis to allow screening for tuberculosis by public health authorities or to provide evidence of such screening by a licensed physician. Proceedings, evidence, and hearings thereon will be in the same manner sis with commitment petitions, and upon the hearing the court may dismiss the petition or order the person to comply with the screening, evaluation, or outpatient treatment plan. The court may also modify the plan prior to ordering compliance.
(b) A petition for outpatient treatment as authorized by subsection (a) of this Code section may also be initiated
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GENERAL ACTS AND RESOLUTIONS, VOL. I
by a county board of health or the department where a previously hospitalized patient's condition no longer requires hospitalization but where protection of the public health requires continued treatment on an outpatient basis of said patient.
(c) Any person known or suspected to have tuberculosis who fails to comply with a plan of evaluation or outpatient treatment ordered pursuant to this Code section, or any parent, guardian, or custodian of a person under the age of 18 who fails to comply with screening ordered pursuant to this Code section or who aids or abets such failure may be punished as for contempt. Contempt proceedings may be initiated by the filing of a petition by the county board of health or by the department with the superior court of the county of the patient's residence or the county where the patient may be found if a nonresident or without a fixed place of abode."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
SALES AND USE TAX -- PECAN SPRAYERS, SHAKERS, AND EQUIPMENT.
Code Section 48-8-3 Amended.
No. 522 (House Bill No. 447).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for pecan sprayers, pecan shakers, and other equipment used in harvesting pecans sold to persons
GEORGIA LAWS 1985 SESSION
625
engaged in the growing and production of pecans; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by striking the word "and" from the end of subparagraph (H) of paragraph (29); by replacing the period at the end of subparagraph (I) of paragraph (29) with the symbol and word ";and"; and by adding a new subparagraph (J) of paragraph (29) to read as follows:
"(J) Pecan sprayers, pecan shakers, and other equipment used in harvesting pecans which is sold to persons engaged in the growing, harvesting, and production of pecans."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
SALES AND USE TAX -- CARRIERS WHO ARE BOTH COMMON CARRIERS AND CONTRACT CARRIERS.
Code Section 48-8-3 Amended. No. 523 (House Bill No. 590).
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 the sales and use tax shall not apply to
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GENERAL ACTS AND RESOLUTIONS, VOL. I
certain items which will be used by carriers who are both common carriers and contract carriers; 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 subparagraph (A) of paragraph (33) and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The sale of aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, which will be used principally to cross the borders of this state in the service of transporting passengers or cargo by common carriers and by carriers who hold common carrier and contract carrier authority in interstate or foreign commerce under authority granted by the United States government. Replacement parts installed by carriers in such aircraft, watercraft, railroad locomotives and rolling stock, and motor vehicles which become an integral part of the craft, equipment, or vehicle shall also be exempt from all taxes under this article;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
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627
MAGISTRATE COURTS -- SERVICE OF PROCESS IN CIVIL ACTIONS.
Code Section 15-10-43 Amended. No. 524 (Senate Bill No. 7). AN ACT
To amend Code Section 15-10-43 of the Official Code of Georgia Annotated, relating to the commencement of actions in the magistrate court, so as to define the methods of service of process in civil actions filed in the magistrate 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 15-10-43 of the Official Code of Georgia Annotated, relating to the commencement of actions in the magistrate court, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A copy of the verified statement of claim shall be served on the defendant personally, or by leaving a copy thereof at his dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the claim to an agent authorized by appointment or by law to receive service of process, and such service shall be sufficient. Service of said process shall be made within the county as provided in this Code section. Service outside the county shall be by second original as provided in Code Section 9-10-72. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a constable, or by any person sui juris who is not a party to, or otherwise interested in, the action, who is specially appointed by the judge of said court for that purpose. When the claim and notice are served by a private individual, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
AGGRAVATED ASSAULT UPON A CORRECTIONAL OFFICER; AGGRAVATED BATTERY UPON A CORRECTIONAL OFFICER.
Code Sections 16-5-21 and 16-5-24 Amended.
No. 525 (Senate Bill No. 26).
AN ACT
To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to define the crime of aggravated assault upon a correctional officer; to define the crime of aggravated battery upon a correctional officer; to define the term "correctional officer"; to provide additional penalties for the crimes of aggravated assault and aggravated battery committed against correctional officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, is amended by adding at the end of Code Section 16-5-21, relating to the crime of aggravated assault, a new subsection (e) to read as follows:
GEORGIA LAWS 1985 SESSION
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"(e) (1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
Section 2. Said article is further amended by adding at the end of Code Section 16-5-24, relating to the crime of aggravated battery, a new subsection (e) to read as follows:
"(e) (1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years."
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, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
DRIVING UNDER THE INFLUENCE -- COMPENSATION OF LAW ENFORCEMENT OFFICERS FOR ATTENDING LICENSE SUSPENSION HEARINGS.
Code Section 40-5-55 Amended.
No. 526 (Senate Bill No. 30).
AN ACT
To amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests to determine blood alcohol content in connection with the offense of driving under the influence of alcohol, so as to provide for the compensation of law enforcement officers for attending hearings relative to the suspension of drivers' licenses for refusal to submit to chemical tests to determine blood alcohol content; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests to determine blood alcohol content in connection with the offense of driving under the influence of alcohol, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (d) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection
GEORGIA LAWS 1985 SESSION
631
shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:
IMPLIED CONSENT HEARING ATTENDANCE RECORD
OFFICER:
S.S. No
ADDRESS: Street
DATE:
City
State
TIME:
Zip Code
CASE:
This is to certify that the police officer named above attended an implied consent hearing as a witness or complainant on the date and time shown above.
HEARING OFFICER:
TITLE:
I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.
Signature of officer:
APPROVED FOR PAYMENT:
Comptroller"
Section 2. This Act shall become effective on the first day of a fiscal year for which the General Assembly appropriates funds to carry out the provisions of this Act.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
ELECTIONS -- ABSENTEE REGISTRATION AND BALLOTS.
Code Sections 21-2-217, 21-2-231, 21-2-381, 21-2-384, 21-2-414, and 21-3-321 Amended.
No. 527 (Senate Bill No. 68).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to permit absentee voters who permanently reside overseas to apply for absentee registration by post card; to delete the provision which gives certain municipal electors credit for voting when no election is held for lack of opposed candidates; to increase the time period during which a voter may apply for an absentee ballot; to require that absentee ballots be prepared at least 30 days prior to any primary or election; 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 subparagraph (b)(2)(A) of Code Section 21-2-217, relating to post card application for absentee registration, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(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 or permanently residing overseas and will be absent from his county of residence until after
GEORGIA LAWS 1985 SESSION
633
the time for 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."
Section 2. Said title is further amended by repealing subsection (d) of Code Section 21-2-231, relating to the credit for voting which is given to certain municipal electors when no election is held for lack of opposed candidates, which reads as follows:
"(d) If the county is furnishing the electors list to a municipality, each elector in the municipality shall be given credit for having voted when no election has been held due to all candidates being unopposed."
Section 3. Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 21-2-381, relating to the time period during which a voter may apply for an absentee ballot, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) Not more than 120 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 registrar's office, an application to the board of registrars of the county of the elector's resi-jl dence, for an official ballot of the elector's 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 elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary outof-county address of the elector. Relatives applying for absen-
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tee 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 merchant marine residing with or accompanying said member or overseas citizen, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to 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 120 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 appropriate."
Section 4. Said title is further amended by striking subsection (a) of Code Section 21-2-384, relating to the time period by which absentee ballots shall be prepared, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 30 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The
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board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor."
Section 5. Said title is further amended by striking subsection (a) of Code Section 21-2-414, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater."
Section 6. Said title is further amended by striking subsection (a) of Code Section 21-3-321, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No persons shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater."
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Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
MAGISTRATE COURTS -- BONDS OF MAGISTRATES; NOTICE OR SUMMONS IN CIVIL ACTIONS.
Code Section 15-10-20 Amended. Code Section 15-10-50 Enacted.
No. 528 (Senate Bill No. 88).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that magistrates shall be required to give bond for the faithful performance of their duties; to provide that counties shall pay the premiums on such bonds; to provide that the chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court; 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 adding at the end of Code Section 15-10-20, relating to magistrates, a new subsection (h) to read as follows:
"(h) Each magistrate taking office after July 1, 1985,
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shall before entering on the performance of his duties execute bond in the amount of $25,000.00 for the faithful performance of his duties. Each magistrate in office on July 1, 1985, shall execute such a bond not later than September 1, 1985. The amount of bond required of the magistrate or magistrates of any county may be increased by local law. Such bonds shall be subject to all provisions of Chapter 4 of Title 45 in the same manner as bonds of other county officials. The premiums due on such bonds shall be paid by the fiscal authority of the county out of county funds."
Section 2. Said chapter is further amended by adding a new Code Section 15-10-50 to read as follows:
"15-10-50. The chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
CRIMINAL PROCEDURE -- DEFENSE OF INSANITY; EVIDENCE; PLEAS OF GUILTY BUT MENTALLY ILL; EXAMINATIONS AND HEARINGS; DISPOSITION; TERMS;
DEMANDS FOR TRIAL OF MISDEMEANORS.
Code Section 17-7-130.1 Enacted. Code Sections 17-7-131 and 17-7-170 Amended.
No. 529 (Senate Bill No. 129).
AN ACT
To amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings in criminal cases, so as to provide for evidence of a defendant's sanity or insanity
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when a defendant intends to impose the defense of insanity at a trial; to provide for cross-examination of medical witnesses; to provide that a plea of guilty but mentally ill at the time of the crime shall not be accepted until the defendant has undergone an examination and a hearing has been held on the issue of the defendant's mental condition at the time of the offense; to change the provisions relating to the disposition of defendants found guilty but mentally ill at the time of a felony; to provide that certain examination reports relating to the mental condition of defendants shall be forwarded to the Department of Offender Rehabilitation under certain conditions; to provide that in computing the term at which a misdemeanor case must be brought to trial after a demand for trial a term of court designated as a civil term of court shall not be included; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings in criminal cases, is amended by adding between Code Sections 17-7-130 and 17-7-131 a new Code Section 17-7-130.1 to read as follows:
"17-7-130.1. At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant's sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or information. When notice of an insanity defense is filed, the court shall appoint at least one psychiatrist or licensed psychologist to examine the defendant and to testify at the trial. This testimony shall follow the presentation of the evidence for the prosecution and for the defense, including testimony of any medical experts employed by the state or by the defense. The medical witnesses appointed by the court may be crossexamined by both the prosecution and the defense, and each side may introduce evidence in rebuttal to the testimony of such a medical witness."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency
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when crime committed generally, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(A) Guilty;
(B) Not guilty;
(C) Not guilty by reason of insanity at the time of the crime; or
(D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases.
(2) A plea of guilty but mentally ill at the time of the crime shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense to which the plea is entered.
(3) In all cases in which the defense of insanity is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following:
(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, this court will maintain custody and control of the defendant until the court is satisfied that the defendant is not a danger to himself or to others.
(B) I charge you that should you find the defendant guilty but mentally ill at the time of the crime, the defendant will be given over to the Department of Offender Rehabilitation or the Department of Human Resources, as the mental condition of the defendant may warrant."
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Section 3. Said chapter is further amended by striking in its entirety subsection (g) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency when crime committed generally, which subsection (g) reads as follows:
"(g) Whenever a defendant is found guilty but mentally ill at the time of a felony, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. If a defendant who is found guilty but mentally ill at the time of the felony is committed to an appropriate penal facility, he shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness. Treatment may be provided by:
(1) The penal facility; or
(2) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Offender Rehabilitation and the Department of Human Resources.",
and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) (1) Whenever a defendant is found guilty but mentally ill at the time of a felony or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. A defendant who is found guilty but mentally ill at the time of the felony shall be evaluated by a psychiatrist or a licensed psychologist from the Department of Human Resources after sentencing and prior to transfer to a Department of Offender Rehabilitation facility. The Board of Human Resources shall develop appropriate rules and regulations for the implementation of such procedures.
(2) If the defendant who is found guilty but mentally ill at the time of the felony is not in need of immediate
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hospitalization, as indicated by the evaluation, then the defendant shall be committed to an appropriate penal facility and shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness.
(3) If at any time following the defendant's transfer to a penal facility it is determined that a transfer to the Department of Human Resources is psychiatrically indicated for his mental illness, then the defendant shall be transferred to the Department of Human Resources pursuant to procedures set forth in regulations of the Department of Offender Rehabilitation and the Department of Human Resources.
(4) If it is determined by the evaluation that the defendant found guilty but mentally ill at the time of the felony is in need of immediate hospitalization, then the defendant shall be transferred by the Department of Offender Rehabilitation to a mental health facility designated by the Department of Human Resources in accordance with rules and regulations of such departments."
Section 4. Said chapter is further amended by adding at the end of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency when crime committed generally, a new subsection (i) to read as follows:
"(i) In any case in which the defense of insanity is interposed or a plea of guilty but mentally ill is made and an examination is made of the defendant pursuant to Code Section 17-7-130.1 or paragraph (2) of subsection (b) of this Code section, upon the defendant being found guilty or guilty but mentally ill at the time of the crime, a copy of any such examination report shall be forwarded to the Department of Offender Rehabilitation with the official sentencing document."
Section 5. Said chapter is further amended by striking subsection (b) of Code Section 17-7-170, relating to time for trial
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following a demand for trial in a noncapital case, and inserting in its place a new subsection to read as follows:
"(b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to try him, he shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
FAIR BUSINESS PRACTICES ACT OF 1975 -- PRIVATE ACTIONS; SERVICE OF COPIES OF PLEADINGS ON ADMINISTRATOR.
Code Section 10-1-399 Amended.
No. 530 (Senate Bill No. 130).
AN ACT
To amend Code Section 10-1-399 of the Official Code of Georgia Annotated, relating to private actions or claims for injunctions and damages under the "Fair Business Practices Act of 1975," so as to provide that copies of the pleadings shall be served upon the administrator; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
* Section 1. Code Section 10-1-399 of the Official Code of Georgia Annotated, relating to private actions or claims for injunctions and damages under the "Fair Business Practices Act of 1975," is amended by adding a new subsection (g) at the end thereof to read as follows:
"(g) In any action brought under this Code section the administrator shall be served by certified or registered mail with a copy of the initial complaint and any amended complaint within 20 days of the filing of such complaint. The administrator shall be entitled to be heard in any such action, and the court where such action is filed may enter an order requiring any of the parties to serve a copy of any other pleadings in an action upon the administrator."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
GRAIN DEALERS -- LICENSES; RENEWAL; REVOCATION; BONDS.
Code Sections 2-9-33, 2-9-34, and 2-9-35 Amended.
No. 531 (Senate Bill No. 158).
AN ACT
To amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to change the provisions relating to issuance of grain dealers' licenses; to provide for annual renewal of such licenses; to provide for the immediate revocation of licenses by operation of law
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under certain circumstances; to change the provisions relating to breach of conditions on bonds and the practices and procedures for filing and handling of complaints related thereto; to provide for limitations on actions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, is amended by striking Code Section 2-9-33, relating to the issuance of grain dealers' licenses, and inserting in lieu thereof a new Code Section 2-9-33 to read as follows:
"2-9-33. Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-36, he shall issue to an applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-34, a state license entitling the applicant to conduct business as a dealer in grain. No fee shall be charged for such license. All such licenses shall be renewed annually on or before June 30. Any license which is not renewed on or before such date shall expire on June 30."
Section 2. Said article is further amended by adding at the end of Code Section 2-9-34, relating to bonds, a new subsection (c) to read as follows:
"(c) If the surety bond or cash bond of a licensed grain dealer is canceled, the license of such grain dealer shall immediately be revoked by operation of law without notice or hearing."
Section 3. Said article is further amended by striking subsection (a) of Code Section 2-9-35, relating to breach of conditions of grain dealers' bonds and procedures thereon, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person claiming to be aggrieved by any breach of the conditions of a bond given by a licensee as provided in Code Section 2-9-34 may enter a complaint thereof to the Commissioner, which complaint shall be a written state-
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ment of the facts constituting the complaint. Complaints must be filed within 120 days following initial public notification of a breach of the bond. The Commissioner shall give notice of such breach of the bond for a period of not less than five days in a newspaper of general circulation and in such other newspapers as the Commissioner shall prescribe. Actions on the breach of such bond shall not be commenced less than 180 days or more than 547 days from the initial date of public notification of such breach of the bond."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
WAREHOUSE OPERATORS -- LICENSE RENEWAL AND REVOCATION; BONDS; ACTIONS.
Code Sections 10-4-10, 10-4-12, and 10-4-14 Amended.
No. 532 (Senate Bill No. 159).
AN ACT
To amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the date on which warehouse licenses expire; to provide for the immediate revocation of licenses by operation of law under certain circumstances; to change the provisions relating to actions on bonds; to provide for practices, procedures, complaints, hearings, findings, settlements, time limits, notices, and actions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Act," is amended by striking subsection (a) of Code Section 104-10, relating to annual licenses and their issuance by the Commissioner of Agriculture, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall operate a warehouse as defined under this article in this state unless he has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse; provided, however, that this provision shall not prohibit the delivery of property received at a warehouse prior to July 1, 1954, or during the effective period of any license issued under this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse nor grant permission to operate any warehouse other than the one described therein, except that, if a warehouseman operates two or more warehouses in the same city or on the same railroad siding, in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 10-4-12, relating to the requirement of a bond for warehousemen, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by a written demand therefor, the license of such warehouseman shall be immediately revoked by operation of law without notice or hearing. Code Sections 10-4-6 and 10-4-7 shall apply to this as well as all other Code sections of this article."
Section 3. Said chapter is further amended by striking Code Section 10-4-14, relating to actions on bonds, which reads as follows:
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"10-4-14. Any person injured by the breach of any obligation to secure which a bond is given under this article shall be entitled to sue on the bond in his own name in any court of competent jurisdiction in the county in which the warehouse is located to recover the damages he may have sustained by such breach; provided, however, that nothing in this Code section shall prevent the Commissioner from suing on such bond in behalf of the state and for the benefit of the injured party when requested to do so by the storer.",
and inserting in lieu thereof a new Code Section 10-4-14 to read as follows:
"10-4-14. (a) Any person claiming to be aggrieved by any breach of the conditions of a bond given by a licensee as provided in Code Section 10-4-12 may enter a complaint thereof to the Commissioner, which complaint shall be a written statement of the facts constituting the complaint. Complaints must be filed within 120 days following initial public notification of a breach of the bond. The Commissioner shall give notice of such breach of the bond for a period of not less than five days in a newspaper of general circulation and in such other newspapers as the Commissioner shall prescribe. Actions on the breach of such bond shall not be commenced less than 180 days or more than 547 days from the initial date of public notification of such breach of the bond.
(b) Upon the filing of the complaint in the manner provided in this Code section, the Commissioner shall investigate the charges made and, at his discretion, order a hearing before him or his hearing officer giving all parties concerned notice of the filing of such complaint and the time and place of such hearing. At the conclusion of the hearing, the Commissioner shall report his findings and render his conclusion concerning the complaint to the complainant and respondent in the case, who shall have 15 days following such report in which to make effective and satisfy the Commissioner's conclusions.
(c) If such settlement is not effected within such time, the Commissioner or the claimant may institute appropriate legal proceedings to enforce the claim. If the claimant is
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not satisfied with the ruling of the Commissioner, he may commence and maintain an action against the principal and surety on the bond of the parties against whom the complaint is registered, as in any civil action.
(d) If the bond or collateral posted is insufficient to pay the valid claims of claimants in full, the Commissioner may direct that the proceeds of the bond shall be divided pro rata among the claimants."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
STATUTES -- COMPUTATION OF TIME PERIODS.
Code Sections 1-3-1 and 9-11-6 Amended.
No. 533 (Senate Bill No. 169).
AN ACT
To amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to the construction of statutes generally, so as to change provisions relating to the computation of time; to amend Code Section 9-11-6 of the Official Code of Georgia Annotated, relating to time computations, so as to provide that such computations shall be made according to Code Section 1-3-1; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to the construction of statutes generally, is amended by striking in its entirety paragraph (3) of subsection
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(d) and inserting in its place a new paragraph (3) to read as follows:
"(3) Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation."
Section 2. Code Section 9-11-6 of the Official Code of Georgia Annotated, relating to time computations, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) In computing any period of time prescribed or allowed by this chapter, by the rules of any court, by order of court, or by an applicable statute, the computation rules prescribed in paragraph (3) of subsection (d) of Code Section 1-3-1 shall be used."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
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PROPERTY -- BOUNDARIES; "GEORGIA COORDINATE SYSTEM OF 1985" ENACTED.
Code Title 44, Chapter 4, Article 2 Revised. No. 534 (Senate Bill No. 220). AN ACT
To amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state; to describe, define, and adopt officially a system of coordinates for designating the geographic position of points on the surface of the earth within the State of Georgia, thus forming a base system for controlling and describing the location of surveying and mapping points; to provide for applicability of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218); to provide that the Georgia Coordinate System of 1985 shall be the sole system used after a certain date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, is amended by striking in its entirety Article 2, relating to the coordinate system, and inserting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2
44-4-20. (a) The systems of plane coordinates which have been established by the National Ocean Survey/National Geodetic Survey, formerly the United States Coast and Geodetic Survey, or its successors for defining and stating the geographic positions or locations of points on the surface of the earth within the State of Georgia are hereafter to be known and designated as the 'Georgia Coordinate System' and the 'Georgia Coordinate System of 1985.'
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(b) For the purpose of the use of these systems, the state is divided into an 'East Zone' and a 'West Zone':
(1) The area now included in the following counties shall constitute the East Zone: Appling, Atkinson, Bacon, Baldwin, Brantley, Bryan, Bulloch, Burke, Camden, Candler, Charlton, Chatham, Clinch, Coffee, Columbia, Dodge, Echols, Effingham, Elbert, Emanuel, Evans, Franklin, Glascock, Glynn, Greene, Hancock, Hart, Jeff Davis, Jefferson, Jenkins, Johnson, Laurens, Liberty, Lincoln, Long, McDuffie, McIntosh, Madison, Montgomery, Oglethorpe, Pierce, Richmond, Screven, Stephens, Taliaferro, Tattnall, Telfair, Toombs, Treutlen, Ware, Warren, Washington, Wayne, Wheeler, Wilkes, and Wilkinson; and
(2) The area now included in the following counties shall constitute the West Zone: Baker, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Bleckley, Brooks, Butts, Calhoun, Carroll, Catoosa, Chattahoochee, Chattooga, Cherokee, Clark, Clay, Clayton, Cobb, Colquitt, Cook, Coweta, Crawford, Crisp, Dade, Dawson, Decatur, DeKalb, Dooly, Dougherty, Douglas, Early, Fannin, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gordon, Grady, Gwinnett, Habersham, Hall, Haralson, Harris, Heard, Henry, Houston, Irwin, Jackson, Jasper, Jones, Lamar, Lanier, Lee, Lowndes, Lumpkin, Macon, Marion, Meriwether, Miller, Mitchell, Monroe, Morgan, Murray, Muscogee, Newton, Oconee, Paulding, Peach, Pickens, Pike, Polk, Pulaski, Putnam, Quitman, Rabun, Randolph, Rockdale, Schley, Seminole, Spalding, Stewart, Sumter, Talbot, Taylor, Terrell, Thomas, Tift, Towns, Troup, Turner, Twiggs, Union, Upson, Walker, Walton, Webster, White, Whitfield, Wilcox, and Worth.
44-4-21. (a) As established for use in the East Zone, the Georgia Coordinate System or the Georgia Coordinate System of 1985 shall be named; and, in any land description in which it is used, it shall be designated the 'Georgia Coordinate System East Zone' or the 'Georgia Coordinate System of 1985 East Zone.'
(b) As established for use in the West Zone, the Georgia Coordinate System or the Georgia Coordinate System of 1985
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shall be named; and, in any land description in which it is used, it shall be designated the 'Georgia Coordinate System West Zone' or the 'Georgia Coordinate System of 1985 West Zone.'
44-4-22. The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of two distances expressed in U. S. Survey feet and decimals of a foot when using the Georgia Coordinate System and expressed in meters and decimals of a meter when using the Georgia Coordinate System of 1985. One of these distances, to be known as the 'x-coordinate,' shall give the position in an east-and-west direction; the other, to be known as the 'y-coordinate,' shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey/National Geodetic Survey, formerly the United States Coast and Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this article. Any such control monument may be used for establishing a survey connection to either Georgia Coordinate System.
44-4-23. When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions of all points on its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description.
44-4-24. (a) For purposes of more precisely defining the Georgia Coordinate System, the following definition of the United States Coast and Geodetic Survey, now National Ocean Survey/National Geodetic Survey, is adopted:
(1) The 'Georgia Coordinate System East Zone' is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian eighty-two degrees ten minutes west of Greenwich, on which meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian eightytwo degrees ten minutes west of Greenwich and the parallel thirty degrees north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet; and
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(2) The 'Georgia Coordinate System West Zone' is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian eighty-four degrees ten minutes west of Greenwich, on which meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian eightyfour degrees ten minutes west of Greenwich and the parallel thirty degrees north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
(b) For purposes of more precisely defining the Georgia Coordinate System of 1985, the following definition by the National Ocean Survey/National Geodetic Survey is adopted:
(1) The 'Georgia Coordinate System of 1985 East Zone' is a transverse Mercator projection of the North American Datum of 1983, having a central meridian eighty-two degrees ten minutes west of Greenwich, on which central meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the central meridian eighty-two degrees ten minutes west of Greenwich and the parallel thirty degrees north latitude. This origin is given the coordinates: x = 200, 000 meters and y = 0.000 meters; and
(2) The 'Georgia Coordinate System of 1985 West Zone' is a transverse Mercator projection of the North American Datum of 1983, having a central meridian eighty-four degrees ten minutes west of Greenwich, on which central meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the central meridian eighty-four degrees ten minutes west of Greenwich and the parallel thirty degrees north latitude. This origin is given the coordinates: x = 700, 000 meters and y = 0.000 meters.
44-4-25. No coordinates based on either Georgia Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land records or deed records unless such point has been connected by survey to a monumented horizontal control station that is identified and has been established in conformity with the standards of accuracy and specifications
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as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce. Standards and specifications of the FGCC or its successors in force on the date of said survey shall apply. The publishing of the existing control stations, or the acceptance with intent to publish the newly established control stations, by the National Ocean Survey/National Geodetic Survey will constitute evidence of adherence to the FGCC specifications.
44-4-26. The use of the term 'Georgia Coordinate System East Zone,' 'Georgia Coordinate System of 1985 East Zone,' 'Georgia Coordinate System West Zone,' or 'Georgia Coordinate System of 1985 West Zone' on any map, report of survey, or other document shall be limited to coordinates based on the Georgia Coordinate Systems as defined in this article.
44-4-27. The term 'Grid North, Georgia East Zone' refers to the fixed north direction in the East Zone, being Geodetic North for the central meridian eighty-two degrees ten minutes west of Greenwich. The term 'Grid North, Georgia West Zone' refers to the fixed north direction in the West Zone, being Geodetic North for the central meridian eightyfour degrees ten minutes west of Greenwich. The applicable Grid North term and the basis of orientation shall appear on maps of survey that are purported oriented to a Georgia Coordinate System zone.
44-4-28. Any conversion of distances between the meter and the American Survey foot will be based upon the length of the meter (exactly) equals 39.37 inches or 3.2808333333 1/3 feet.
44-4-29. Nothing contained in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Georgia Coordinate System or the Georgia Coordinate System of 1985. Nothing in this article shall be so construed as to require any person, firm, or corporation to use these systems of coordinates to obtain or secure a legal description of land or real estate.
44-4-30. (a) Any legal description prepared under the provisions of the Georgia Coordinate System provided by
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an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued as a part of this Code until the effective date of this article shall not be invalid.
(b) Any continual use of legal descriptions prepared under the terms of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued as a part of this Code until the effective date of this article, which have been recorded or filed in official records within the State of Georgia, shall not be invalid.
44-4-31. The Georgia Coordinate System provided for in the Act approved March 6, 1945 (Ga. L. 1945, p. 218), shall not be used after January 1, 1990; the Georgia Coordinate System of 1985 will be the sole system after said date."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
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CIVIL PRACTICE -- RECEIPT OF PROCEEDS OF ANY PERSONAL ACTION BY A NEXT FRIEND; BOND. Code Section 9-11-17 Amended. No. 535 (Senate Bill No. 234). AN ACT
To amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of any personal action by a next friend to be conditioned upon sufficient bond; to provide for practices and procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may bring or defend an action on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative, he may bring an action by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person. No next friend shall be permitted to receive the proceeds of any personal action, in the name and on behalf of an infant, or incompetent person, until such next friend shall have entered into a sufficient bond to the Governor, for the use of the infant and the infant's representatives, conditioned well and fully to account for and concerning such trust, which bond may be sued on
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by order of the court in the name of the Governor and for the use of the infant. Such bond shall be approved by the court in which the action is commenced and such approval shall be filed in such clerk's office."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
BILLIARD ROOMS -- ALCOHOLIC BEVERAGE SALES.
Code Section 43-8-12 Amended.
No. 536 (Senate Bill No. 243).
AN ACT
To amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, so as to provide that the prohibition against selling and serving alcoholic beverages on the premises of billiard rooms shall not apply to certain eating establishments; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, is amended by striking Code Section 43-8-12, relating to acts prohibited in billiard rooms, and inserting in its place a new Code section to read as follows:
"43-8-12. No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed, in any billiard room or in any other business place operated
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in connection therewith; and such games as Kelly pool, keno, pigeon pool, Parker pool, star pool, scrub, and similar gambling devices are prohibited. No racing or other betting pool shall be exhibited or sold in such place of business. The use of baseball tickers and the posting of results of sporting events is expressly prohibited in billiard rooms or in any place operated in connection therewith. No alcoholic beverages shall be sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith, except that this prohibition shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
LAW ENFORCEMENT OFFICER APPRECIATION DAY DESIGNATED.
Code Section 1-4-6 Enacted.
No. 537 (Senate Bill No. 253).
AN ACT
To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the second Monday in February of each year as "Law Enforcement Officer Appreciation Day" in Georgia; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
WHEREAS, there are over 18,000 law enforcement officers in the State of Georgia; and
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WHEREAS, peace officers have assumed positions to serve their communities and fellow man, toward the end that each Georgian may enjoy a full, happy, and productive life; and
WHEREAS, the law enforcement officers of this state have repeatedly and without thought for their own personal safety risked their own lives to protect the lives and property of the citizens of this state; and
WHEREAS, their dedication to their duties should be an inspiration to all Georgians in developing respect for the law; and
WHEREAS, as representatives of all Georgians, the members of this body urge the citizens of this state to have pride in their law enforcement officers and show the utmost respect to them.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding at the end thereof a new Code Section 1-4-6 to read as follows:
"1-4-6. The second Monday in February of each year is declared to be 'Law Enforcement Officer Appreciation Day' in Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 1985.
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FOOD SERVICE ESTABLISHMENTS -- DEFINITIONS; ENFORCEMENT; INSPECTIONS.
Code Sections 26-2-370 and 26-2-375 Amended. No. 538 (Senate Bill No. 268). AN ACT
To amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of food service establishments, so as to change the definition of the term "food service establishment"; to change the provisions relating to enforcement of this article and inspection of food service establishments; 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 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of food service establishments, is amended by striking in its entirety paragraph (1) of Code Section 26-2-370, relating to definitions of certain terms in connection with the regulation of food service establishments, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunch rooms, places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. The term 'food service establishment' shall not mean a 'food sales establishment,' as defined in Code Section 26-2-21, which does not provide seating or facilities for consumption of food on the premises."
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Section 2. Said article is further amended by striking Code Section 26-2-375 in its entirety and inserting in lieu thereof a new Code Section 26-2-375 to read as follows:
"26-2-375. (a) The Department of Human Resources and the county boards of health, acting as duly authorized agents of the department, are authorized to enforce this article and rules, regulations, and standards adopted and promulgated under this article. Their duly authorized representatives are authorized to enter upon and inspect the premises of any food service establishment as provided in Article 2 of Chapter 5 of Title 31.
(b) Notwithstanding any other provisions of this article, food sales establishments as defined in Code Section 26-221 which do not provide seating or facilities for consumption of food on the premises shall be inspected and regulated under Article 2 of this chapter and shall not be subject to inspection or enforcement under this article."
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, 1985.
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ALCOHOLIC BEVERAGES -- EXCISE TAXES ON ALCOHOL, DISTILLED SPIRITS, TABLE WINES, AND DESSERT WINES.
Code Sections 3-4-60 and 3-6-50 Amended.
No. 539 (House Bill No. 463).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, alcohol, table wines, and dessert wines; to provide that such taxes shall be levied on the first sale, use, possession, or final delivery; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-4-60, relating to the levy and amount of excise taxes on distilled spirits and alcohol, which reads as follows:
"3-4-60. The following state excise taxes are levied and imposed:
(1) On the importation of all distilled spirits imported into this state, a tax of $1.00 per liter and on all alcohol imported into this state, a tax of $1.40 per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On the manufacture of all distilled spirits manufactured in this state from Georgia-grown products, a tax of 50^ per liter and on all alcohol manufactured in this state from Georgia-grown products, a tax of 70^ per liter, and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-4-60 to read as follows:
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"3-4-60. There is levied and imposed on the first sale, use, possession, or final delivery the following state excise taxes:
(1) On all distilled spirits, whether imported into this state or manufactured in this state, a tax of $1.00 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On all alcohol, whether imported into this state or manufactured in this state, a tax of $1.40 per liter and a proportionate tax at the same rate on all fractional parts of a liter."
Section 2. Said title is further amended by striking in its entirety Code Section 3-6-50, relating to the levy and amount of excise taxes on wines, which reads as follows:
"3-6-50. There is levied and imposed on the first sale, use, or possession of wines within this state the following taxes:
(1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(2) On table wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 4(V per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state:
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(A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(4) On dessert wines produced within the state wholly from fruits and berries grown within the state to which wine spirits produced outside the state have been added, 67^ per liter and a proportionate tax at the same rate on all fractional parts of a liter; and
(5) On dessert wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 67^ per liter and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-6-50 to read as follows:
"3-6-50. There is levied and imposed on the first sale, use, possession, or final delivery of wines within this state the following taxes:
(1) On table wine, a tax of 4(ty per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On dessert wines, a tax of 67^ per liter, and a proportionate tax at the same rate on all fractional parts of a liter."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 31, 1985.
ALCOHOLIC BEVERAGES -- EXCISE TAXES ON ALCOHOL, DISTILLED SPIRITS, TABLE WINES, AND DESSERT WINES.
Code Sections 3-4-60 and 3-6-50 Amended.
No. 540 (House Bill No. 564).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for legislative intent; to establish excise taxes upon the first sale, use, or final delivery within this state of alcohol, distilled spirits, table wines, and dessert wines; to establish a tax upon the importation for use, consumption, or final delivery into this state of alcohol, distilled spirits, table wines, and dessert wines; to provide for the increased cost of administration and collection of revenues; to aid in the exercise of the police power; to promote temperance; to provide an effective date; to provide that this Act shall not be severable; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds and determines that the cost of regulating and administering the manufacture, distribution, and sale of alcohol, distilled spirits, table wines, and dessert wines consumed in this state is greater for imported alcohol, distilled spirits, table wines, and dessert wines than it is for alcohol, distilled spirits, table wines, and dessert wines produced within this state and further finds and determines that it is in the best interest of the citizens of this state that the increased costs be provided for by taxation.
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Section 2. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-4-60, relating to the levy and amount of state excise taxes imposed on alcohol and distilled spirits, and inserting in its place a new Code Section 3-4-60 to read as follows:
"3-4-60. The following state taxes are levied and imposed:
(1) There shall be imposed upon the first sale, use, or final delivery within this state of all distilled spirits an excise tax in the amount of 50<* per liter and, upon the first sale, use, or final delivery within this state of all alcohol, an excise tax in the amount of 70^ per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) There shall be imposed upon the importation for use, consumption, or final delivery into this state of all distilled spirits an import tax in the amount of 5(V per liter and, upon the importation for use, consumption, or final delivery into this state of all alcohol, an import tax in the amount of 7(V per liter, and a proportionate tax at the same rate on all fractional parts of a liter; and
(3) All alcohol spirits manufactured within this state for sale within this state shall be made from Georgia grown products."
Section 3. Said title is further amended by striking in its entirety Code Section 3-6-50, relating to the levy and amount of state excise taxes on wine, and inserting in its place a new Code Section 3-6-50 to read as follows:
"3-6-50. (a) There shall be levied and imposed on the first sale, use, or final delivery within this state of all table wines an excise tax in the amount of 11^ per liter and a proportionate tax at the same rate on all fractional parts of a liter.
(b) There shall be imposed upon the importation for
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use, consumption, or final delivery into this state of all table wines an import tax in the amount of 29^ per liter and a proportionate tax at the same rate on all fractional parts of a liter.
(c) There shall be levied and imposed upon the first sale, use, or final delivery within this state of all dessert wines an excise tax in the amount of 27 per liter and a proportionate tax at the same rate on all fractional parts of a liter.
(d) There shall be levied and imposed upon the importation for use, consumption, or final delivery into this state of all dessert wines an import tax in the amount of 40^ per liter and a proportionate tax at the same rate on all fractional parts of a liter."
Section 4. It is the express intention of the General Assembly that the provisions of this Act shall not be severable. In the event that any section or portion of any section of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall render the entire Act invalid, void, and of no effect and shall specifically revive the provisions affected by this Act as such provisions stood before the enactment of this Act, as amended by laws other than this Act.
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 1, 1985.
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STATE AUDITOR'S REPORT -- FURNISHING COPIES TO THE GENERAL ASSEMBLY.
Code Section 50-6-27 Amended. No. 543 (House Bill No. 783). AN ACT
To amend Code Section 50-6-27 of the Official Code of Georgia Annotated, relating to the preparation of an annual personnel report by the state auditor, so as to remove the provision directing that a copy of the report be furnished each member of the General Assembly; to provide that the state auditor shall furnish each member of the General Assembly a card or form to enable a member to request a copy of such report; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-6-27 of the Official Code of Georgia Annotated, relating to the preparation of an annual personnel report by the state auditor, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 50-6-27 to read as follows:
"50-6-27. The state auditor shall prepare by July 1 of each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, listing name, address, duty, salary, and expense incurred by such individual, which information shall be allocated to the respective office, board, commission, institution, or department affected, the total cost of the maintenance of which for the period audited shall be stated with the appropriation allowed for the support of same. The report shall be kept in the state auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. The state auditor shall furnish each member of the General As-
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sembly a card or form so that a copy of such report may be requested by any member who desires one."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 1, 1985.
LEGISLATIVE SERVICES COMMITTEE -- LEGISLATIVE AREAS; SUPPLIES; TRANSFER OF FUNDS.
Code Sections 28-4-2 and 45-12-78 Amended.
No. 544 (House Bill No. 776).
AN ACT
To amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the power and authority of the Legislative Services Committee, so as to change the provisions relating to maintenance, repair, construction, renovation, refurbishing, and furnishing of legislative areas; to change the provisions relating to supplies, material, and equipment; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to annual budget estimates, so as to authorize funds to be transferred; to 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 28-4-2 of the Official Code of Georgia Annotated, relating to the power and authority of the Legislative Services Committee, is amended by striking subsections (c) and (d) in their entirety and inserting in lieu thereof new subsections (c) and (d) to read as follows:
"(c) The committee is authorized to provide for the maintenance, repair, construction, renovation, refurbishing,
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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. The Senate is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the Senate and the House of Representatives is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the House of Representatives. Any repair, construction, or renovation by the committee, the Senate, or the House of Representatives in an amount exceeding $5,000.00 shall be accomplished on a competitive bid basis unless such repair, construction, or renovation is accomplished by a state agency or authority. The committee, the Senate, and the House of Representatives shall provide for competitive bids. The committee, the Senate, and the House of Representatives may provide for emergency repairs other than by competitive bids.
(d) The committee shall provide for the procurement of supplies, materials, and equipment which are required jointly for the Senate and House of Representatives. The Senate shall provide for the procurement of supplies, materials, and equipment for the Senate and the House of Representatives shall provide for the procurement of supplies, materials, and equipment for the House of Representatives. 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 Services--Purchasing Division and which was entered into as a result of competitive bids. Procurement may also be accomplished through the Department of Administrative Services--Central Supply. All other procurement of supplies, materials, 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 provide for competitive bids. The committee, the Senate, and the House of Representatives may provide for emergency procurement
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of supplies, materials, and equipment without competitive bids. The committee, the Senate, and the House of Representatives may provide for the emergency repair of equipment without competitive bids."
Section 2. 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 otherwise provided in this subsection, the budget estimates for the General Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate 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 Representatives; 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. Funds may also be transferred between the Senate, the office of the Lieutenant Governor, and the office of the Secretary
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of the Senate. Funds may also be transferred between 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. Funds may also be transferred between the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst."
Section 3. This Act shall become effective April 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 1, 1985.
GENERAL ASSEMBLY -- DAILY EXPENSE ALLOWANCE; REIMBURSABLE EXPENSES.
Code Section 45-7-4 Amended.
No. 545 (House Bill No. 229).
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 provisions relating to the daily expense allowance and reimbursable expenses for members of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking the first undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof a new first undesignated
GEORGIA LAWS 1985 SESSION
673
paragraph of paragraph (22) of subsection (a) to read as follows:
"Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees."
Section 2. Said Code section is further amended by striking the second undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof a new second undesignated paragraph of paragraph (22) of subsection (a) to read as follows:
"In addition to any other compensation 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 this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses shall be limited to one or more of the following purposes: per diem differential, lodging, meals, office equipment, postage, personal services, printing and publications, rents, supplies, telecommunications, transportation, and utilities. No reimbursement shall be made for any postage which is used for a political newsletter. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for any expense under $25.00, for the per diem differential, or for the mileage allowance for use of a personal car. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submitted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement which was made in error shall be realized."
Section 3. This Act shall become effective upon its ap-
GEORGIA LAWS 1985 SESSION
675
proval 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 1, 1985.
OFFICE OF LEGISLATIVE COUNSEL -- SOCIAL SECURITY PAYMENTS.
Code Section 28-4-8 Amended.
No. 546 (House Bill No. 498).
AN ACT
To amend Code Section 28-4-8 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel and certain payments thereunder, so as to remove the provisions relating to the payment of social security; 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 28-4-8 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel and certain payments thereunder, is amended by striking said Code section which reads as follows:
"28-4-8. (a) The committee is authorized to promulgate a merit system of employment under which personnel shall be selected on a basis of merit.
(b) All personnel and the legislative counsel are authorized to be members of the Employees' Retirement System
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GENERAL ACTS AND RESOLUTIONS, VOL. I
of Georgia, as established in Chapter 2 of Title 47. All rights, credits, and funds in said retirement system which are possessed by any personnel of the Office of Legislative Counsel, including the legislative counsel, at the time of employment in said office are continued.
(c) It is the intention of the General Assembly that any such personnel and the legislative counsel shall not lose any rights, credits, or funds to which they were entitled prior to being employed in the Office of Legislative Counsel. There shall be paid from the funds appropriated for the operation of the legislative branch of the government all contributions required by Chapter 2 of Title 47, and all such payments shall be in addition to the regular compensation authorized to the legislative counsel and other personnel in said office.",
in its entirety and inserting in lieu thereof the following:
"28-4-8. Reserved."
Section 2. This Act shall become effective April 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 1, 1985.
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677
APPROPRIATIONS -- SUPPLEMENTAL FOR S.F.Y. 1984-85. No. 547 (House Bill No. 4). AN ACT
To amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," approved April 6, 1984 (Ga. L. 1984, p. 1502), as amended by an Act approved January 29, 1985 (Act No. 4, HB 1) and an Act approved February 18, 1985 (Act No. 26, HB 475), so as to change certain appropriations for the State Fiscal Year 198485; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) An Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," approved April 6, 1984 (Ga. L. 1984, p. 1502), as amended by an Act approved January 29, 1985 (Act No. 4, HB 1) and an Act approved February 18, 1985 (Act No. 26, HB 475), is amended by striking from Section 10 (on page 7, lines 5 and 6, of said amendatory Act approved January 29, 1985 (Act No. 4, HB 1, hereafter referred to as "said 1985 Act No. 4")) the following:
"A. Budget Unit: Department of Administrative Services
$32,749,793",
and inserting in lieu thereof the following:
"A. Budget Unit: Department of Administrative Services
$30,999,793".
(b) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 1, 2, and 3, of said 1985 Act No. 4) the following:
"Direct Payments to Georgia Building Authority for Capital Outlay
$1,340,000",
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
"Direct Payments to Georgia Building Authority for Capital Outlay
$-0-".
(c) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 4, 5, and 6, of said 1985 Act No. 4) and from the Budget Unit A object classes in Section 10 (on page 15, lines 18, 19, and 20, of said 1985 Act No. 4) the following:
"Direct Payments to Georgia Building Authority Operations
$807,220",
and inserting in lieu thereof in each of said places the following:
"Direct Payments to Georgia Building Authority for Operations
$397,220".
(d) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 14 and 15, of said 1985 Act No. 4) the following:
"Total Funds Budgeted .`
$4,836,856
State Funds Budgeted
$4,836,856",
and inserting in lieu thereof the following:
"Total Funds Budgeted
$3,086,856
State Funds Budgeted ......
$3,086,856".
(e) Said Act is further amended by striking from the Budget Unit A object classes in Section 10 (on page 15, lines 12, 13, and 14, of said 1985 Act No. 4) the following:
"Direct Payments to Georgia Building Authority for Capital Outlay
$1,355,000",
GEORGIA LAWS 1985 SESSION
679
and inserting in lieu thereof the following:
"Direct Payments to Georgia Building Authority for Capital Outlay
$15,000".
(f) Said Act is further amended by striking from the Georgia Building Authority Budget in Section 10 (on page 17, line 14, of said 1985 Act No. 4) the following:
"Capital Outlay
$2,990,000",
and inserting in lieu thereof the following:
"Capital Outlay
$1,240,000".
(g) Said Act is further amended by striking from the Georgia Building Authority Budget in Section 10 (on page 17, line 22, of said 1985 Act No. 4) the following:
"Total Funds Budgeted
$26,746,177",
and inserting in lieu thereof the following:
"Total Funds Budgeted
$24,996,177".
Section 2. (a) Said Act is further amended by striking from Section 13 (on page 22, lines 8 and 9, of said 1985 Act No. 4) the following:
"A. Budget Unit: Department of Community Affairs
$6,161,697",
and inserting in lieu thereof the following:
"A. Budget Unit: Department of Community Affairs
$26,218,697".
(b) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 22, line 25, of said 1985 Act No. 4) the following:
"Local Assistance Grants
$1,177,480",
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
"Local Assistance Grants
$1,234,480".
(c) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 23, lines 1 and 2, of said 1985 Act No. 4) the following:
"Payment to Georgia Development Authority
$350,000",
and inserting in lieu thereof the following:
"Payment to Georgia Development Authority
$20,350,000".
(d) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 23, line 3, of said 1985 Act No. 4) the following:
"Total Funds Budgeted
$98,897,337",
and inserting in lieu thereof the following:
"Total Funds Budgeted
$118,954,337".
(e) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 23, line 4, of said 1985 Act No. 4) the following:
"State Funds Budgeted
$6,161,697",
and inserting in lieu thereof the following:
"State Funds Budgeted
$26,218,697".
(f) Said Act is further amended by adding at the end of Budget Unit A in Section 13 (on page 23, after line 30 of said 1985 Act No. 4) the following:
"The State fund appropriation in this section is in contemplation of the use of $12,500,000 from the Revenue Shortfall Reserve for the purpose of financing the construction
GEORGIA LAWS 1985 SESSION
681
of water and sewer projects, through loans to local governments by the Georgia Development Authority."
Section 3. (a) Said Act is further amended by striking from Section 23 (on page 49, lines 16 and 17, of said 1985 Act No. 4) the following:
"A. Budget Unit: Departmental Operations
$267,187,190",
and inserting in lieu thereof the following:
"A. Budget Unit: Departmental Operations
$267,167,190".
(b) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 23, of said 1985 Act No. 4) the following:
"Per Diem, Fees and Contracts
$22,929,371",
and inserting in lieu thereof the following:
"Per Diem, Fees and Contracts......
$22,909,371".
(c) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 27, of said 1985 Act No. 4) the following:
"Total Funds Budgeted
$27,796,299",
and inserting in lieu thereof the following:
"Total Funds Budgeted
$27,776,299".
(d) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 31, of said 1985 Act No: 4) the following:
"State Funds Budgeted
$5,910,177",
and inserting in lieu thereof the following:
"State Funds Budgeted
$5,890,177".
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) Said Act is further amended by striking from the Budget Unit A object classes in Section 23 (on page 64, line 32, of said 1985 Act No. 4) the following:
"Per Diem, Fees and Contracts
$76,475,122",
and inserting in lieu thereof the following:
"Per Diem, Fees and Contracts..... $76,455,122".
Section 4. (a) Said Act is further amended by striking from Section 23 (on page 71, lines 14 through 17, of said 1985 Act No. 4) the following:
"C. Budget Unit: Community Mental Health/
Mental Retardation Youth
Services and Institutions.,
$306,849,860",
and inserting in lieu thereof the following:
"C. Budget Unit: Community Mental Health/
Mental Retardation Youth
Services and Institutions
....:...3 $306,637,860".
(b) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 71, line 32, of said 1985 Act No. 4) the following:
"Capital Outlay......
$1,739,717",
and inserting in lieu thereof the following:
"Capital Outlay.....
....L. $1,564,717".
(c) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 72, lines 27 and 28, of said 1985 Act No. 4) the following:
"Community Mental Retardation Residential Services
$12,290,516",
and inserting in lieu thereof the following:
GEORGIA LAWS 1985 SESSION
683
"Community Mental Retardation
Residential Services
..
$12,253,516".
(d) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 72, line 31, of said 1985 Act No. 4) the following:
"Total Funds Budgeted
$460,296,584",
and inserting in lieu thereof the following:
"Total Funds Budgeted...
$460,084,584".
(e) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 73, line 3, of said 1985 Act No. 4) the following:
"State Funds Budgeted
$306,849,860",
and inserting in lieu thereof the following:
"State Funds Budgeted ...........1.....
$306,637,860".
(f) Said Act is further amended by adding at the end of Section 23 (on page 77, after line 31 of said 1985 Act No. 4) the following:
"Northwest Regional Hospital is authorized to utilize up to $465,000 of available funds for a therapies unit."
Section 5. (a) Said Act is further amended by striking from Section 29 (on page 87, lines 19 and 20, of said 1985 Act No. 4) the following:
"A. Budget Unit: Department of Natural
Resources
....
$52,745,891",
and inserting in lieu thereof the following:
"A. Budget Unit: Department of Natural
Resources
$52,767,891".
(b) Said Act is further amended by striking from the Budget Unit A Internal Administration Budget in Section 29 (on page 88, lines 1 and 2, of said 1985 Act No. 4) the following:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"Payments to Lake Lanier Islands Development Authority
$877,000",
and inserting in lieu thereof the following:
"Payments to Lake Lanier Islands Development Authority
$899,000".
(c) Said Act is further amended by striking from the Budget Unit A Internal Administration Budget in Section 29 (on page 88, line 6, of said 1985 Act No. 4) the following:
"Total Funds Budgeted
$5,720,730",
and inserting in lieu thereof the following:
"Total Funds Budgeted
$5,742,730".
(d) Said Act is further amended by striking from the Budget Unit A Internal Administration Budget in Section 29 (on page 88, line 11, of said 1985 Act No. 4) the following:
"State Funds Budgeted
$5,338,480",
and inserting in lieu thereof the following:
"State Funds Budgeted
$5,360,480".
Section 6. Said Act is further amended by striking Section 43 in its entirety and by inserting in lieu thereof a new Section 43 to read as follows:
"Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)
$105,659,225
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)
$44,916,050
Provided that from the above appropriated amount for
GEORGIA LAWS 1985 SESSION
685
the State of Georgia General Obligation Debt Sinking Fund, $1,408,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Sports Hall of Fame Board, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,120,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Transportation near Savannah, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $26,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,300,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems by means of a program of asbestos abatement in such facilities (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), to be administered by the Georgia Department of Education, 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 Obligation Debt Sinking Fund, $260,000 is specifically appropriated for the purpose of financing a program of asbestos abatement in facilities of the Department of Offender Rehabilitation, (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construe-
686
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion, reconstruction, improving, equipping, disposal, and testing), through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,235,000 is specifically appropriated for the purpose of financing a program of renovation and of asbestos abatement by the Georgia Building Authority in its facilities and in the State Capitol (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), through the issuance of not more than $4,750,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $130,000 is specifically appropriated for the purpose of financing the construction of a Regional Youth Development Center for the Department of Human Resources in DeKalb County (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith) through the issuance of not more than $500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,163,150 is specifically appropriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority (by acquisition, construction, development, extension, enlargement and improvement of land, water, property, highways, buildings, structures, equipment and facilities both real and personal, necessary or useful in connection therewith, of and for the Authority) through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,413,950 is specifically appropriated for the purpose of
GEORGIA LAWS 1985 SESSION
687
financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Public Safety Training Center established, operated and maintained by the Board of Public Safety in Monroe County, Georgia, through the issuance of not more than $17,710,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $10,270,975 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Offender Rehabilitation, through the issuance of not more than $41,210,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,246,175 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Labor 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 Obligation Debt Sinking Fund, $498,475 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the Georgia Department of Administrative Services (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities both real and personal, necessary or useful in connection therewith, of and for
688
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Department), through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $697,875 is specifically appropriated for the purpose of financing a State records processing and storage facility of Georgia Building Authority for assignment of administrative space by the Department of Administrative Services (including the acquisition, construction, development, demolition, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,121,575 is specifically appropriated for the purpose of financing the renovation of the Old State Office Building of Georgia Building Authority, 17 Capitol Square in Atlanta, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $224,325 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Agriculture through the issuance of not more than $900,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,352,100 is specifically appropriated for the purpose of financing the renovation, construction, development, extension, enlargement, improvement, reconstruction and equip-
GEORGIA LAWS 1985 SESSION
689
ping of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the State Board of Regents of the University System, through the issuance of not more than $5,425,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,492,350 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems by means of a program of asbestos abatement in such facilities (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), to be administered by the Georgia Department of Education, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,969,400 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, improvement, reconstruction and resurfacing of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,268,050 is specifically appropriated for the purpose of financing the renovation of the Boone Building at Central State Hospital of the Department of Human Resources in Baldwin County and financing the correction and renovation of the heating, venting and air conditioning system and other facilities of Northwest Georgia Regional Hospital of the Department of Human Resources in Floyd County (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings,
690
GENERAL ACTS AND RESOLUTIONS, VOL. I
structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $9,100,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,744,650 is specifically appropriated for the purpose of financing a parking facility of the Georgia Building Authority on the 'Old Incinerator' site acquired by the State of Georgia from the City of Atlanta in Fulton County, Georgia, (including the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt."
Section 7. Said Act is further amended by striking Section 59 in its entirety and inserting in lieu thereof a new Section 59 to read as follows:
"Section 59. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1985,
....... $4,364,827,675,"
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 2, 1985.
GEORGIA LAWS 1985 SESSION
691
GAME AND FISH -- OFFICIAL WATERFOWL STAMP. Code Section 27-1-6 Amended. No. 548 (House Bill No. 96). AN ACT
To amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to the powers of the department, so as to authorize the department to develop and issue an official waterfowl stamp for the State of Georgia; to authorize the department to contract with any person to reproduce and market replicas of the official waterfowl stamp; to authorize the department to enter into contracts relative to waterfowl programs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to the powers of the department, is amended by striking paragraphs (8) and (9) of said Code section and inserting in lieu thereof new paragraphs (8), (9), and (10) to read as follows:
"(8) To pay to each conservation ranger the expenses incurred by such ranger in the performance of his duties;
(9) To contract with private landowners for the purposes of managing and operating public hunting and fishing areas on the property of such private landowners; and
(10) To develop an official waterfowl stamp for the State of Georgia and to issue such stamp to any interested person and to contract with any person granting such person the right to reproduce and market the official waterfowl stamp in stamp, print, poster, or such other form as the department shall determine and to contract with any person for the purpose of promoting, supporting, or otherwise assisting any waterfowl program of the department, including but not limited to, public education; research; acquisition of wetlands;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and management, development, and protection of waterfowl programs; provided, however, that not more than 15 percent of the funds retained by the department, if any, shall be used for law enforcement activities. As used in this paragraph, the term 'waterfowl' means any species of ducks or geese."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
CRIMES AND OFFENSES -- UNLAWFUL SALE OF MOTOR VEHICLES WHICH DO NOT COMPLY WITH FEDERAL EMISSION AND SAFETY STANDARDS.
Code Section 16-9-110 Enacted.
No. 549 (House Bill No. 220).
AN ACT
To amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to make it unlawful knowingly to sell, transfer, or convey any motor vehicle which was not manufactured to comply with certain federal emission and safety standards unless and until such motor vehicle is certified as complying with such applicable standards; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by adding at the end thereof a new Article 7 to read as follows:
GEORGIA LAWS 1985 SESSION
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"ARTICLE 7
16-9-110. (a) It shall be unlawful for any person, firm, or corporation knowingly to sell, transfer, or otherwise convey any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal standards.
(b) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
MOTOR VEHICLE CERTIFICATES OF TITLE AND REGISTRATION -- COMPLIANCE WITH FEDERAL EMISSION AND SAFETY STANDARDS; DOCUMENTS
MUST BE IN ENGLISH.
Code Sections 40-2-25.1 and 40-3-29.1 Enacted.
No. 550 (House Bill No. 221).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that the
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state revenue commissioner and the Department of Revenue shall not issue a certificate of registration and shall not issue a certificate of title to any motor vehicle which was not manufactured to comply with any federal emission and safety standards applicable to new motor vehicles unless and until such motor vehicle is certified as complying with such applicable standards and unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation; to provide that proof of compliance shall only be required upon application for an initial certificate of registration or title in Georgia; to provide for applicability; to require that documents and information accompany applications for certificates of registration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding between Code Sections 40-2-25 and 40-2-26 a new Code Section 40-2-25.1 to read as follows:
"40-2-25.1. (a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.
(b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of registration
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for such motor vehicles first registered in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.
(c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper."
Section 2. Said title is further amended by adding between Code Section 40-3-29 and Code Section 40-3-30 a new Code Section 40-3-29.1 to read as follows:
"40-3-29.1. (a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal standards find unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.
Ob) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of title for such motor vehicles first titled in Georgia after July 1,1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of title."
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
EMPLOYMENT SECURITY LAW -- TAXABLE WAGE BASE; "WAGES" REDEFINED; WEEKLY BENEFITS.
Code Sections 34-8-51 and 34-8-153 Amended.
No. 551 (House Bill No. 411).
AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to raise the taxable wage base; to change the definition of the term "wages"; to change the provisions relating to determination of weekly benefit amount; to raise the maximum weekly benefit amount; 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 lJ Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," is amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 34-8-51, relating to the definition of the term "wages," and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) For the purposes of Code Sections 34-8-120 through 34-8-122, except subsections (d) and (i) of Code Section 348-122, and of Code Section 34-8-30, that part of the remuneration which, after remuneration equal to $3,000.00 through
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December 31,1971, and $4,200.00 beginning January 9f 1972, through December 31, 1975, and $6,000.00 beginning January 1, 1976, and $7,000.00 beginning January 1, 1983, and $7,500.00 beginning January 1, 1986, has been paid to an individual by an employer during any calendar year with respect to employment within this or any other state, is paid to such individual by such employer during such calendar year; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered, for purposes of this provision, as having been paid by the successor employer; and".
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-8-153, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) An individual's weekly benefit amount shall be that whole dollar amount, disregarding any fraction of a dollar, computed by dividing the total insured wages paid such individual in the highest two quarters of his base period by 50, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages were highest; provided, however, that for benefit years beginning on or after July 1, 1983, no weekly benefit amount shall be established for less than $27.00 nor more than $125.00; provided, further, that for benefit years beginning on or after July 1, 1985, no weekly benefit amount shall be established for less than $27.00 nor more than $135.00; provided, further, that for benefit years beginning on or after July 1,1986, no weekly benefit amount shall be established for less than $27.00 nor more than $145.00, except that the maximum weekly benefit amount shall be $115.00 for all benefit years beginning on or after the first Monday of the third week following the week in which the amount in the Unemployment Trust Fund becomes less than $175 million."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
MOTOR VEHICLE SALES FINANCE ACT -- DELINQUENCY CHARGE; FINANCE CHARGE LIMITATIONS; CLAIMS FOR
VIOLATIONS; MOTOR VEHICLE FINANCE CHARGES.
Code Sections 10-1-32, 10-1-33, and 7-4-3 Amended. Code Section 10-1-36.1 Enacted.
No. 552 (House Bill No. 452).
AN ACT
To amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limitations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action; to provide for exceptions; to amend Code Section 7-4-3 of the Official Code of Georgia Annotated, relating to the finance charge on retail installment contracts for manufactured homes and motor vehicles, so as to change the finance charge limitation on motor vehicles; 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 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," is amended by striking subsection (g) of Code
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Section 10-1-32, relating to requirements for retail installment contracts, insurance, delinquency charges, attorneys' fees, costs, and receipts, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) The holder may, if the contract or refinancing agreement so provides, collect a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed 5 percent of the installment or $50.00, whichever is less. A delinquent charge shall not be collected more than once for the same default. In addition to the delinquency and collection charge, the contract may provide for the payment of reasonable attorneys' fees where the contract is referred for collection to an attorney not a salaried employee of the holder of the contract, plus the court costs."
Section 2. Said article is further amended by relettering subsections (d) and (e) of Code Section 10-1-33, relating to finance charge limitations and assignment of contract, as subsections (e) and (f), respectively, and by adding a new subsection (d) to read as follows:
"(d) Notwithstanding the provisions of subsection (a) of this Code section, a buyer and a seller may establish any finance charge agreed upon in writing by the parties where the amount financed is more than $5,000.00."
Section 3. Said article is further amended by adding a new Code Section 10-1-36.1 immediately following Code Section 10-1-36, relating to the disposition of motor vehicles repossessed after default and the right to recover a deficiency, to read as follows:
"10-1-36.1. (a) A claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provisions of law.
(b) Nothing contained in this Code section shall apply to class actions involving mobile homes or manufactured homes pending in any courts of this state, including any
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United States courts, on February 22,1985, as to the parties to and subject matter then before such courts."
Section 4. Code Section 7-4-3 of the Official Code of Georgia Annotated, relating to the finance charge on retail installment contracts for manufactured homes and motor vehicles, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) Any motor vehicle where the amount financed is $5,000.00 or more".
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 2, 1985.
CONSERVATION AND NATURAL RESOURCES -- NONGAME WILDLIFE CONSERVATION PROGRAMS; WILDLIFE HABITAT ACQUISITION PROGRAMS; INCOME
TAX REFUNDS.
Code Sections 12-3-500 through 12-3-502 Enacted.
No. 553 (House Bill No. 495).
AN ACT
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic and natural areas, memorials, and recreation, so as to provide legislative intent; to provide definitions; to provide for the establishment of nongame
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wildlife conservation programs and wildlife habitat acquisition programs by the Department of Natural Resources; to provide for educational and promotional activities in support of such programs; to establish the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund to be administered by the Department of Natural Resources; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to said fund; to provide for the acceptance of contributions by the Department of Natural Resources and the Department of Revenue for transfer to said fund; 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 12 of the Official Code of Georgia Annotated, relating to parks, historic and natural areas, memorials, and recreation, is amended by adding immediately following Article 7 a new Article 8 to read as follows:
"ARTICLE 8
12-3-500. The General Assembly finds that it is in the best interest of the state to provide for the conservation of nongame species of wildlife for the benefit and nonconsumptive use of the citizens of Georgia. Historically, wildlife conservation programs have been focused on the more recreationally and commercially important game species. As a consequence, such programs have been largely financed by hunting and fishing license revenues and by federal assistance based on excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the needs of nongame wildlife conservation programs and wildlife habitat acquisition programs which enhance the protection of nongame species. It is the policy of this state to enable and encourage citizens voluntarily to support nongame wildlife conservation programs and wildlife habitat acquisition programs.
12-5-501. As used in this article, the term:
(1) 'Department' means the Department of Natural Resources.
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(2) 'Nongame wildlife' means all species of flora and fauna indigenous to Georgia which are not legally taken through hunting, fishing, trapping, or otherwise.
(3) 'Wildlife' means all species of flora and fauna indigenous to Georgia.
12-3-502. (a) The department shall establish nongame wildlife conservation programs and wildlife habitat acquisition programs and educational and promotional activities in support thereof to enhance the protection of nongame wildlife and the nonconsumptive use thereof by the citizens of Georgia. To support such programs, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (c) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department.
(b) There is established a special fund to be known as the 'Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund.' This fund shall consist of all moneys contributed under subsection (a) of this Code section, all moneys transferred to the department under subsection (c) of this Code section, and any other moneys contributed to this fund or to the nongame wildlife conservation and wildlife habitat acquisition programs of the department and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and may expend moneys held in the fund in furtherance of its nongame wildlife conservation programs and its wildlife habitat acquisition programs and related educational and promotional projects. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made avail-
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able to the members of the Board of Natural Resources and to members of the public on request.
(c) (1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1989, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established in subsection (b) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund may designate such contribution as provided in this Code section on the appropriate income tax return form.
(2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established in subsection (b) of this Code section; provided, however, the amount retained for administrative costs shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions."
Section 2. This Act shall become effective on July 1,1985.
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
ANIMALS -- CONTROL AND ERADICATION OF BRUCELLOSIS IN CATTLE.
Code Section 4-4-95.1 Enacted.
Code Section 4-6-10 Amended.
No. 554 (House Bill No. 650).
AN ACT
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met; to provide for health certificates and the contents thereof; to provide for permits; to provide for quarantines; to prohibit any person from moving cattle within this state in violation of certain quarantine orders; to prohibit any person from allowing certain cattle to come into contact with other cattle; to provide for the segregation of certain cattle from other cattle; to prohibit certain actions relating to marks, brands, tattoos, tags, or other means of identification on cattle; to provide for penalties; to provide for rules and regulations; to provide for orders and permits; to provide for liability of certain persons who sell certain cows; to prohibit livestock dealers, brokers, or livestock market operators from engaging in certain activity; to require certain records and change the penalties relating to the failure to maintain certain records; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding, following Code Section 4-4-95, a new Code Section 4-4-95.1 to read as follows:
"4-4-95.1. (a) As used in this Code section, the term:
(1) 'Cattle' or 'cow' means bovine animals, such as cows, bulls, steers, heifers, and bison.
(2) 'Person' means any individual, partnership, corporation, association, or other entity.
(b) It shall be unlawful for any person to transport or cause to be transported into the State of Georgia any cattle:
(1) Unless each cow is accompanied by a health certificate containing such information and in such form as may be provided for by rules and regulations of the Commissioner or unless each such cow is listed on an accompaning waybill and is transported directly to a federally approved or state approved slaughtering establishment and is not allowed to come into contact with any other cattle in this state until its arrival at such establishment;
(2) Which are infected with brucellosis, unless such cattle are transported directly to a federally approved or state approved slaughtering establishment and are not allowed to come into contact with any other cattle in this state until their arrival at such establishment or unless a permit has been issued by the Commissioner allowing the importation or movement of such cattle and all conditions of such permit are complied with by the person transporting such cattle; or
(3) Which originate from a quarantined herd or a quarantined area, unless the Commissioner has issued a permit authorizing the importation or movement of such cattle and all conditions of such permit are complied with by the person transporting such cattle.
(c) It shall be unlawful for any person to move any cattle within this state in violation of any quarantine order im-
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posed by the Commissioner or to allow any cow which such person knows or, through the use of reasonable inquiry, should know is from a quarantined herd or area to come into contact with any other cattle, except as authorized by a permit issued by the Commissioner or as authorized in rules and regulations adopted by the Commissioner.
(d) (1) Any person violating subsection (b) or (c) of this Code section for the first time on or after July 1, 1985, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00 for each cow transported or moved in violation of subsection (b) or (c) of this Code section, or in lieu of prosecution such person may be issued a warning by the Commissioner.
(2) Any person violating subsection (b) or (c) of this Code section for a second time on or after July 1, 1985, shall be guilty of a misdemeanor of a high and aggravated nature.
(3) Any person violating subsection (b) or (c) of this Code section for a third or subsequent time on or after July 1, 1985, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or imprisonment for not less than one year nor more than three years, or both.
(e) Any person who owns or has custody or control over any cattle infected with brucellosis or which are known reactor animals to an official brucellosis test shall segregate such cattle in such manner that they cannot come into contact with other cattle or spread such brucellosis infection to other cattle. Any person who fails to take such action within 30 days following an order from the Commissioner to do so shall be guilty of a misdemeanor and each day of continued failure to comply with such order shall constitute a separate offense.
(f) Any person who removes, defaces, alters, or otherwise changes any official permanent mark, brand, tattoo, tag, or other means of identification on any cow for which a health certificate or permit or official test has been issued
GEORGIA LAWS 1985 SESSION
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or performed under this chapter or the rules and regulations of the Commissioner or which has a known brucellosis infection or is a known reactor animal to an official brucellosis test shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one year nor more than three years, or both.
(g) The Commissioner is authorized to adopt rules and regulations, issue orders and permits, and impose quarantines when such actions are authorized or required by federal or state law or are appropriate to prevent the introduction or spread of brucellosis into or within this state, any area thereof, or any cattle located therein.
(h) Any person who knowingly sells any cow within this state which is infected with brucellosis or which such person knows or, through the use of reasonable inquiry, should know is from a quarantined herd or area and who sells such cow without disclosing such fact to the purchaser, prior to the consummation of the sale, shall be liable for all reasonable and foreseeable damages incurred by the purchaser as a proximate result of the purchaser mixing such cow with other cattle owned or under the control of the purchaser."
Section 2. Said title is further amended by striking Code Section 4-6-10, relating to the penalty for violations of the laws, rules, and regulations relating to livestock dealers or brokers and livestock market operators, and inserting in lieu thereof a new Code Section 4-6-10 to read as follows:
"4-6-10. (a) Any dealer, broker, or livestock market operator who violates any of the provisions of this chapter, any quarantine provision, or any rule or regulation established by the Commissioner under the authority of this or any other law for the protection of the general public in the prevention of livestock diseases shall be guilty of a misdemeanor.
(b) Any dealer, broker, or livestock market operator who violates Code Section 4-6-5, relating to maintenance of records, for a third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished
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by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article.
(c) Any dealer, broker, or livestock market operator who violates Code Section 4-6-2, relating to the sale, auction, or transfer of known infected livestock, or Code Section 4-6-6, relating to quarantines, for the third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
DEPARTMENT OF LABOR -- EMPLOYMENT SECURITY AGENCY; CORRECTIONAL SERVICES DIVISION; STATE EMPLOYMENT SERVICE DIVISION; UNEMPLOYMENT
COMPENSATION DIVISION; ATTORNEY GENERAL.
Code Titles 16, 20, 34, 42, 48, and 50 Amended.
No. 555 (Senate Bill No. 12).
AN ACT
To amend the Official Code of Georgia Annotated, so as to eliminate the statutory requirement that there be an Employment Security Agency and director and a Correctional Services
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Division within the Department of Labor; to delete references to the Employment Security Agency and the Correctional Services Division; to provide that all powers, duties, and responsibilities with regard to state employment services and unemployment compensation shall be exercised by the Department of Labor; to provide that the Commissioner of the Department of Labor may, at his discretion, create an Employment Security Division and appoint a director and may delegate certain powers, duties, and responsibilities to such agency and director or to other department personnel; to eliminate the requirement for the State Employment Service Division and the Unemployment Compensation Division; to provide for legal representation of the Department of Labor by the Attorney General; 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 il Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking paragraph (3) of subsection (f) of Code Section 16-9-20, relating to issuance of bad checks, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34."
Section 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (b) of Code Section 20-2-180, relating to allotment of student services support personnel, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Further, the state board shall allot student services support personnel to local units of administration in the position category of job placement director on the basis of one per 5,000 pupils in average daily attendance in the local unit of administration during the first four months of the preceding school year, adjusted as provided for in Code Sections 20-2-220 and 20-2-226. The duties of the job placement director shall include, but not be limited to, assisting class-
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room teachers and other student services support personnel in the advisement of student services relative to career exploration experiences, work experiences, and employment opportunities; coordinating employment placement opportunities and activities with the Department of Labor; and making follow-up reports and studies of the employment experiences and work history of high school graduates."
Section 3. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking Code Section 34-2-14 and Code Section 34-2-15 which read as follows:
"34-2-14. There is created in the Georgia Department of Labor the Correctional Services Division.
34-2-15. The Correctional Services Division of the Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Correctional Services Division shall be authorized to administer all such programs pursuant to said agreement.",
and inserting in lieu thereof a new Code Section 34-2-14 to read as follows:
"34-2-14. The Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Georgia Department of Labor shall be authorized to administer all such programs pursuant to said agreement."
Section 4. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-7.1, relating to unemployment compensation and child support, and inserting in lieu thereof a new Code Section 34-8-7.1 to read as follows:
"34-8-7.1. (a) Effective with new applications for unemployment compensation on and after October 1, 1982,
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each claimant shall disclose to the Georgia Department of Labor whether or not such claimant owes child support obligations.
(b) The Georgia Department of Labor shall notify the state or local child support enforcement agency that such individual owes child support obligations and is eligible for unemployment compensation.
(c) The Georgia Department of Labor shall cause to be deducted and withheld from any unemployment compensation otherwise payable to such claimant:
(1) The amount specified by the claimant to be deducted and withheld;
(2) The amount determined pursuant to an agreement submitted to the Georgia Department of Labor by the state or local child support enforcement agency; or
(3) Any amount otherwise required to be so deducted and withheld from such unemployment compensation which has been determined through legal process.
(d) Any amount so deducted and withheld pursuant to paragraph (1), (2), or (3) of subsection (c) shall be paid to the appropriate state or local child support enforcement agency.
(e) Any amount deducted and withheld pursuant to this Code section shall for all purposes be treated as if it were paid to the claimant ^as unemployment compensation and then paid by such claimant to the state or local child support enforcement agency in satisfaction of the claimant's child support obligations."
Section 5. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-11, relating to privileged documents, and inserting in lieu thereof a new Code Section 34-8-11 to read as follows:
"34-8-11. All letters, reports, communications, or any other matters, either oral or written, from the employer
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or employee to each other or to the Georgia Department of Labor or any of its agents, representatives, or employees, which letters, reports, or other communications shall have been written, sent, delivered, or made in connection with the requirements of the administration of this chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any action for slander or libel in any court of the State of Georgia."
Section 6. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-14, relating to legal representation of the state, and inserting in lieu thereof a new Code Section 34-8-14 to read as follows:
"34-8-14. In any civil action to enforce this chapter, the Commissioner, the Board of Review, and the state may be represented by the state Attorney General."
Section 7. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking the last undesignated provision of Code Section 34-8-38, relating to employers, which reads as follows:
"Nothing in this chapter shall be construed to require identical coverage to that provided by the Federal Unemployment Tax Act, as amended, nor shall interpretations as to liability or nonliability by federal administrative agencies be binding on the Employment Security Agency.",
and inserting in lieu thereof a new undesignated paragraph to read as follows:
"Nothing in this chapter shall be construed to require identical coverage to that provided by the Federal Unemployment Tax Act, as amended, nor shall interpretations as to liability or nonliability by federal administrative agencies be binding on the Georgia Department of Labor."
Section 8. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-73 which reads as follows:
"34-8-73. (a) There shall be, within the Department of Labor, a division to be known as the Employment Security
GEORGIA LAWS 1985 SESSION
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Agency which shall be administered by a full-time, salaried director who shall be subject to the supervision and direction of the Commissioner of Labor. The Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties of such director; and such appointment shall be made on a nonpartisan merit basis for a period of good behavior and shall be terminated only for cause after notice and hearing.
(b) The director shall exercise all authority granted by law to the Commissioner of Labor which the Commissioner may delegate to him in writing with respect to the collection of contributions or taxes due under this chapter. He shall execute all documents and papers, including assessments for taxes, executions for taxes, jeopardy assessments, and all other documents necessary in the performance of such duties and the exercise of such authority. Any such tax execution, assessment, or other document signed and executed by the director of the Employment Security Agency shall be of the same force and effect as if signed and executed by the Commissioner of Labor.
(c) There shall be, within the Employment Security Agency, two coordinate divisions, the State Employment Service Division, created pursuant to Code Section 34-8-76 and the Unemployment Compensation Division. Each division shall be responsible for the discharge of its distinctive functions. Each division shall be a separate administrative unit with respect to personnel, budget, and duties, except insofar as the Commissioner may find that such separation is impracticable.",
and inserting in lieu thereof a new Code Section 34-8-73 to read as follows:
"34-8-73. (a) The Georgia Department of Labor shall administer the provisions of this chapter and all programs relating to state employment services and unemployment compensation.
(b) The Commissioner may, at his discretion, create an Employment Security Agency and a director of such agency within the Georgia Department of Labor and may delegate
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in writing to such agency and director and to any subordinate official or employee such powers, duties, and responsibilities as the Commissioner deems appropriate to administer this chapter and the programs relating to state employment services and unemployment compensation.
(c) The Employment Security Agency and the position of director of such agency as such existed on January 1, 1985, are abolished."
Section 9. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-74, relating to the Employment Security Agency, and inserting in lieu thereof a new Code Section 34-8-74 to read as follows:
"34-8-74. (a) Subject to other provisions of this chapter, the Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of his duties under this chapter. The Commissioner may delegate to any such person such power and authority as he deems reasonable and proper for the effective administration of this chapter and may, in his discretion, bond any persons handling moneys or signing checks hereunder.
(b) The Commissioner is authorized, upon the request of any employee of the Georgia Department of Labor, to deduct from the payroll of such employee any sums owed by him for retirement or pension fund contributions, group insurance, or government bonds.
(c) To the extent permitted under federal law, and notwithstanding any other provision of state law, the Commissioner is authorized to enter into agreements with appropriate federal authorities to cover under the old age and survivors insurance program employees in the Department of Labor and its divisions and to take action necessary to implement such agreements.
(d) The Commissioner is authorized to adopt and carry into effect a system of group insurance for the benefit of
GEORGIA LAWS 1985 SESSION
715
such employees of the Georgia Department of Labor as shall or may elect to accept the same, to cooperate in making such insurance available to such employees, and to pay, as the employer's portion, such part of the cost of insurance, not to exceed 60 percent of such cost, as the Commissioner shall determine. The amount of such insurance shall be determined by a plan which shall preclude individual selection by employees who elect to accept coverage."
Section 10. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-75, relating to certain powers of the Commissioner, and inserting in lieu thereof a new Code Section 34-8-75 to read as follows:
"34-8-75. The Commissioner, with the advice and aid of the State Advisory Council and the local or industry advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depressions and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies."
Section 11. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking subsection (a) of Code Section 34-8-76, relating to the State Employment Service, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Employment Service is established as a program administered in the Department of Labor. The Commissioner, through such division, shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such duties as are within the purview of the act of Congress entitled 'An Act to provide for the establishment of a national
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employment system and for cooperation with the states in the promotion of such system, and for other purposes/ approved June 6, 1933 (48 Stat. 113; 29 U.S.C. Section 49(c)), as amended. The Commissioner is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under such act of Congress, as amended, and to do and perform all things necessary to secure to this state the benefits of the act, as amended, in the promotion and maintenance of a system of public employment offices. The provisions of the act of Congress, as amended, are accepted by this state, in conformity with Section 4 of the act, and this state will observe and comply with the requirements thereof. The Department of Labor is designated and constituted the agency of this state for the purposes of the act."
Section 12. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking subsection (a) of Code Section 34-8-77, relating to the Board of Review, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There shall be a Board of Review of the Department of Labor, which board shall consist of three members. Each member shall be appointed by the Governor for a term of six years. Each member shall be compensated for his services, which compensation shall be fixed by the Governor and paid from the Employment Security Administration Fund. The Governor may, at any time, after notice and a hearing, remove any member for cause. Vacancies shall be filled by appointment by the Governor for the unexpired term."
Section 13. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking subsection (k) of Code Section 34-8-122, relating to employer contributions, and inserting in lieu thereof a new subsection (k) to read as follows:
"(k) The Commissioner shall designate a committee composed of one representative of employers, one representative of employees, and one representative of the Department of Labor, which committee shall be constituted as a
GEORGIA LAWS 1985 SESSION
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continuing committee for the purpose of conducting studies of experience rating and from time to time making recommendations to the Commissioner and the Advisory Council as to desirable modifications and improvements of the law, procedures, and regulations adopted in connection with the experience rating program."
Section 14. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking subsection (e) of Code Section 34-8-127, relating to collection of payments, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Attorney General shall represent the Commissioner of Labor when any such cases or contests initiated by affidavits of illegality are filed in any county or any legal action in courts results from the issuance of any execution."
Section 15. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-132, relating to delinquent contribution payments, and inserting in lieu thereof a new Code Section 34-8-132 to read as follows:
"34-8-132. Should any department or political subdivision of the state, any instrumentality of a political subdivision of the state, or any instrumentality of one or more of the foregoing become more than 120 days delinquent in contributions or reimbursements in lieu of contributions due to the Unemployment Compensation Fund, the Department of Labor shall certify to the Fiscal Division of the Department of Administrative Services the amount due. The Fiscal Division shall transfer the amount due to the Department of Labor from funds it has available for distribution to the respective department or political subdivision of the state, instrumentality of a political subdivision of the state, or instrumentality of one or more of the foregoing. The certification shall be signed by the Commissioner and shall be conclusive proof of the delinquency. The Commissioner shall mail a copy of the certification to the delinquent public employer on the date of transmittal to the Department of Administrative Services. Should the public employer wish to appeal the Commissioner's decision, it shall so notify the Commis-
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sioner within 15 days from the date the certification is mailed to the public employer. The Commissioner shall, upon receipt of the notice, request the Attorney General to appoint an independent attorney as an administrative hearing officer to hear all issues involved and render a decision. Should the public employer or the Commissioner contest the administrative hearing officer's decision, an appeal may be filed, within 30 days after the decision of the administrative hearing officer has been mailed, in the superior court of the county in which the decision was rendered. The Attorney General shall represent the Commissioner of Labor in any such matters appealed."
Section 16. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is further amended by striking Code Section 34-8-174, relating to appeals of claims, and inserting in lieu thereof a new Code Section 348-174 to read as follows:
"34-8-174. The manner in which appealed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Commissioner for determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim before the administrative hearing officer shall be mechanically recorded but need not be transcribed unless the disputed claim is further appealed. The Board of Review, in its sole discretion, shall have the power to determine the necessity for transcription of any record to be considered by it. However, nothing herein shall preclude the Commissioner from making the original documents, papers, and transcripts available for inspection, upon written request by any party to the proceedings, during normal working hours, at the office of the Department of Labor in Atlanta or at the local office of the Department of Labor where the original claim for benefits under this law was filed, before a review of the decision of an appeals tribunal by the Board of Review. Due to the confidential nature of the proceedings, only agency personnel or the Board of Review shall be permitted to make a recording, of any type
GEORGIA LAWS 1985 SESSION
719
whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, that such hearing may be recorded by one or both of the interested parties, provided prior written consent is received by the appeals tribunal from all interested parties."
Section 17. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-8-83, relating to pretrial intervention programs, and inserting in lieu thereof a new Code Section 42-8-83 to read as follows:
"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 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 18. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-13-33, relating to injunctions to prevent executions of certain contracts, and inserting in lieu thereof a new Code Section 48-13-33 to read as follows:
"48-13-33. Each person failing to register as required by this article or failing to execute the required bond before beginning the performance of any contract shall be denied the right to perform the contract until he complies with registration and bond requirements. The county attorney of any county in which the contract is to be performed, the Attorney General, when requested by the Commissioner of the Department of Labor, or the attorney for the commissioner, when requested by the commissioner, may proceed by injunction to prevent any activity in the performance of the contract until the registration is made and the bond is executed and filed. A temporary injunction enjoining the execution of any such contract shall be granted without notice by any judge authorized by law to grant injunctions."
Section 19. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is further amended by
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GENERAL ACTS AND RESOLUTIONS, VOL. I
striking Code Section 48-13-34, relating to release of certain bonds, and inserting in lieu thereof a new Code Section 48-1334 to read as follows:
"48-13-34. No bond required under this article shall be released until the contract for which the bond is given has been fully performed and until the commissioner obtains a written release from the Commissioner of the Department of Labor certifying that all contributions and interest due from the principal on the bond under Chapter 8 of Title 34 have been paid in full. Bonds shall be released automatically two years after written notification of the completion of the contract is received by the commissioner unless a court proceeding has been instituted against the contractor."
Section 20. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is further amended by striking Code Section 48-13-36, relating to actions against certain contractors, and inserting in lieu thereof a new Code Section 48-13-36 to read as follows:
"48-13-36. An action against any contractor pursuant to this article may be brought by the attorney for the commissioner or by the Attorney General on behalf of the Department of Labor, in Fulton County or in any county in which any work under the contract is performed. The summons shall be directed to the Secretary of State and shall require the defendant to answer by a certain day, not less than 30 days nor more than 60 days from the date of the issuance of the summons. The summons shall be forwarded immediately by the clerk of the court to the Secretary of State who shall immediately forward a copy of the summons to the contractor at the address given by the contractor. After forwarding the summons, the Secretary of State shall make return of the summons to the court in which the summons was issued. The return shall show the date of receipt of the summons by the Secretary of State, the date of forwarding the copy of the summons, and the name and address of the person to whom the Secretary of State forwarded the copy of the summons. The return shall be under the hand and seal of the office of the Secretary of State and shall have the same force and effect as a due and sufficient return made by the sheriff on process directed to him. The Secretary
GEORGIA LAWS 1985 SESSION
721
of State shall keep a suitable record book in which he shall docket every action commenced as provided in this Code section against any contractor. The record book shall show the court in which the action is brought, the title of the case, the time when the action is commenced, and the date and manner of service."
Section 21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (e) of Code Section 50-5-10, relating to electronic data processing and printing, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Department of Labor is exempt from these provisions."
Section 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 23. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
HOSPITALS -- FIRE SAFETY INSPECTIONS BY STATE FIRE MARSHAL.
Code Section 25-2-12 Amended.
No. 556 (Senate Bill No. 114). AN ACT
To amend Code Section 25-2-12 of the Official Code of Georgia Annotated, relating to adoption of state fire safety standards and enforcement with respect to certain buildings and struc-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tures, so as to require fire safety inspections of hospitals to be performed by the state fire marshal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 25-2-12 of the Official Code of Georgia Annotated, relating to adoption of state fire safety standards and enforcement with respect to certain buildings, is amended by striking paragraph (2) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) With respect to those buildings and structures listed in Code Section 25-2-13, except for hospitals and except for buildings and structures which are owned and operated or occupied by the state, every such local governing authority shall be responsible for enforcing such fire safety standards within its jurisdiction and shall:
(A) Conduct fire safety inspections of existing buildings and structures;
(B) Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and
(C) Issue permanent and temporary certificates of occupancy."
Section 2. Said Code section is further amended by striking subsection (c) of said Code section in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) With respect to those buildings and structures listed in Code Section 25-2-13, in jurisdictions other than those jurisdictions covered under subsection (a) of this Code section, and with respect to every such hospital and every such building and structure owned and operated or occupied by the state, wherever located, the office of the Commissioner shall perform those duties specified in paragraph (2) of sub-
GEORGIA LAWS 1985 SESSION
723
section (a) of this Code section and shall perform all other duties required by this chapter."
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 2, 1985.
INSURANCE FRAUD -- PENALTIES.
Code Section 33-1-9 Amended.
Code Section 33-1-14 Enacted.
No. 557 (Senate Bill No. 131).
AN ACT
To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, so as to define the offense of insurance fraud; to provide for certain procedural matters relative to the foregoing; to provide for penalties; to provide for jurisdiction of certain providers of health care benefits; to provide for authority and jurisdiction of the Insurance Department; to provide for proof of regulation by an insurance supervisory official of another state or the federal government; to provide for the examination of providers of health care benefits; to provide for the applicability of Title 33 with respect to providers of health care benefits; to provide for certain disclosures; to provide for applicability; to provide a definition; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, is amended by striking Code Section 33-1-9, relating to fraudulent insurance claims, in its entirety and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:
"33-1-9. (a) Any natural person who knowingly or willfully:
(1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing in any written statement or certificate, in the making of an application for a policy of insurance, in the receiving of such application, or in the receiving of money for such application, for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim by an insurer;
(2) Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit;
(3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or
(4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer
commits the crime of insurance fraud.
(b) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurer's agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed.
GEORGIA LAWS 1985 SESSION
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(c) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
(2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both."
Section 2. Said chapter is further amended by adding after Code Section 33-1-13, relating to the receiving of commissions by life or industrial life insurers, a new Code Section 33-1-14 to read as follows:
"33-1-14. (a) Notwithstanding any other provision of law and except as provided in this Code section, any person, other than an authorized insurer, the state and its instrumentalities, or political subdivisions of the state and their instrumentalities, who provides coverage in this state for medical, surgical, chiropractic, physical therapy, optometry, speech pathology, podiatry, audiology, applied psychology, pharmaceutical, dental, or hospital services, whether such coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the Insurance Department, unless the person shows that, while providing coverage for such services, such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government.
(b) Any person may show that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government by providing to the Commissioner the appropriate certificate, license, or document, issued by the insurance supervisory official of another state or specifically issued to such person by an appropriate official or agency of the federal government which permits such person to provide such coverages.
(c) Any such person who is unable to show under subsection (b) of this Code section that such person is subject to
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the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall submit to an examination by the Commissioner to determine the organization and solvency of the person and to determine whether or not such person complies with the applicable provisions of this title.
(d) Any person unable to show under subsection (b) of this Code section that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall be subject to all appropriate provisions of this title regarding the conduct of such person's business.
(e) (1) Any production agency or administrator which advertises, sells, transacts, or administers the coverage in this state described in subsection (a) of this Code section and which is required to submit to an examination by the Commissioner under subsection (c) of this Code section shall, if said coverage is not fully insured or otherwise fully covered by an authorized insurer, advise every purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage.
(2) Any administrator which advertises or administers the coverage in this state described in subsection (a) of this Code section and which is required to submit to an examination by the Commissioner under subsection (c) of this Code section shall advise any production agency of the elements of the coverage, including the amount of 'stop-loss' insurance in effect.
(f) As used in this Code section, the term 'authorized insurer' means any insurer authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30 of this title."
Section 3. Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Section 2 of this Act shall become effective on July 1, 1985.
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Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
WORKERS' COMPENSATION -- BENEFITS; HEARINGS; MEDICAL SERVICES.
Code Title 34, Chapter 9 Amended.
No. 558 (Senate Bill No. 160).
AN ACT
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for persons who will be presumed dependent; to provide for automatic dismissal of certain applications for hearings; to provide for compensation for rehabilitation; to provide for compensation for medical care and other treatment; to require the State Board of Workers' Compensation to publish annually a list of charges for medical services; to authorize said board to obtain recommendations regarding fees for medical services; to change the time for payment of weekly benefits; to change the weekly benefit payable for total disability; to change the compensation payable for temporary partial disability; to change the compensation payable for permanent partial disability; to change the compensation payable in the event of death of an employee; to provide that in cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or insurance carrier to repay the other health care provider the funds it has expended for the claimant's medical treatment; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety Code Section 34-9-13, relating to persons who are presumed to be dependent, and inserting in lieu thereof a new Code Section 34-9-13 to read as follows:
"34-9-13. (a) As used in this Code section, the term:
(1) 'Child' includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged illegitimate children but does not include married children; and
(2) 'Parent' includes stepparents and parents by adoption.
(b) The following persons shall be conclusively presumed to be the next of kin wholly dependent for support upon the deceased employee:
(1) A wife or husband who had not voluntarily abandoned her or his spouse at the time of the accident resulting in the death of the spouse, except that, if the surviving spouse was employed for a period of 90 days next prior to the accident which resulted in the death of the deceased employee, the presumption of total dependence shall be rebuttable; and
(2) A child of the employee if:
(A) The child is under 18 or enrolled full time in high school;
(B) The child is over 18 and is physically or mentally incapable of earning a livelihood; or
(C) The child is under the age of 22 and is a full-time student or the equivalent in good standing enrolled in a postsecondary institution of higher learning.
(c) If the deceased employee leaves a dependent surviving spouse, as above described, and no dependent child or
GEORGIA LAWS 1985 SESSION
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children, the full compensation shall be paid to such spouse. If the deceased employee leaves a dependent surviving spouse, as above described, and also a dependent child or children, the full compensation shall be paid to such spouse for his or her use and that of such child or children; provided, however, that the board shall have the power in proper cases, in its discretion, to apportion the compensation; provided, further, that, if the dependent surviving spouse dies before payment is made in full, the balance remaining shall be paid to the person or persons wholly dependent, if any, share and share alike. If there is no person wholly dependent, payment shall be made to partial dependents.
(d) In all other cases, questions of dependency, in whole or in part, shall be determined in accordance with the facts at the time of the accident, but no allowance shall be made for any payment made in lieu of board and lodging or services, and no compensation shall be allowed unless the dependency existed for a period of three months or more prior to the accident. In such other cases, if there is more than one person wholly dependent, the death benefit shall be divided among them, and persons partially dependent, if any, shall receive no part thereof; if there is no one wholly dependent and more than one person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency.
(e) For the purpose of this chapter, the dependency of a spouse upon a deceased employee shall terminate with remarriage or cohabitation in a meretricious relationship; and for this purpose cohabitation in a meretricious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relationship similar or akin to marriage, which relationship includes either sexual intercourse or the sharing of living expenses. The dependency of a child, except a child physically or mentally incapable of earning a livelihood, shall terminate with the attainment of 18 years of age, except as provided in paragraph (2) of subsection Ob) of this Code section. The dependency of a spouse shall terminate at age 65 or after payment of 400 weeks of benefits, whichever is greater."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by adding at the end of Code Section 34-9-100, relating to filing of claims for compensation, a new subsection (d) to read as follows:
"(d) On or after July 1,1985, any application for hearing filed with the board pursuant to this Code section for which no hearing is conducted for a period of five years shall automatically stand dismissed."
Section 3. Said chapter is further amended by striking in its entirety Code Section 34-9-200, relating to compensation for medical care and other treatment, and inserting in lieu thereof a new Code Section 34-9-200 to read as follows:
"34-9-200. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician, including medical and surgical supplies, artificial members, prosthetic devices and aids damaged or destroyed in a compensable accident, which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment.
(b) Upon the request of an employee or an employer, the board may in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order a change of physician or treatment and designate other treatment or another physician; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section.
(c) The refusal of the employee without reasonable cause to accept either medical, surgical, or hospital care or other treatment, as provided by this Code section, when ordered by the board, shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless in the opinion of the board the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may
GEORGIA LAWS 1985 SESSION
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require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
(d) If an emergency arises and the employer fails to provide the medical or other care as specified in this Code section, or if other compelling reasons force the employee to seek temporary care, the employee is authorized to seek such temporary care as may be necessary. The employer shall pay the reasonable costs of the temporary care if ordered by the board."
Section 4. Said chapter is further amended by adding immediately following Code Section 34-9-200, relating to compensation for medical care and other treatment, a new Code Section 34-9-200.1 to read as follows:
"34-9-200.1. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such rehabilitation benefits which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to restore the employee to suitable employment. The costs of rehabilitation for the employee's restoration to suitable employment while away from the employee's home shall include the reasonable costs of his board, lodging, and travel. The period for rehabilitation shall not exceed 26 weeks unless in the judgment of the board an extension of said period is required and appears likely to restore the employee to suitable employment. The board may require recommendations from a panel of specialists appointed by the board in determining whether or not the extension of the 26 week period is justified.
(b) The board shall make an assessment of the rehabilitation needs of an injured employee within 45 days of notification of injury and notify the employer, insurer, and employee if, in the judgment of the board, rehabilitation is necessary to restore the employee to suitable employment. Upon notification, the employer or insurer shall have 15 days to appoint a rehabilitation supplier or give reason why rehabilitation is not necessary. Failure of the employer or insurer to respond to the board's notice within 15 days after notification shall result in the board appointing a rehabilita-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tion supplier at the expense of the employer or insurer. Nothing in this chapter shall preclude the employer, insurer, or employee from petitioning the board at any time for the appointment of a rehabilitation supplier for rehabilitation.
(c) Upon request of an employee or an employer, the board may, in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order additional rehabilitation benefits in excess of 26 weeks; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section.
(d) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
(e) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board and a copy of the statement of fees charged. Failure to comply shall prohibit the rehabilitation supplier from collection of fees from the employer, insurer, or employee. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider.
(f) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if,
GEORGIA LAWS 1985 SESSION
733
in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment.
(g) Any rehabilitation supplier shall be certified by one of the four following certifications:
(1) Certified Rehabilitation Counselor (CRC);
(2) Certified Insurance Rehabilitation Specialist (CIRS);
(3) Association of Rehabilitation Nurses (ARN); or
(4) Work Adjustment and Vocational Evaluation Specialist (WAVES)
and shall be registered with the State Board of Workers' Compensation. Failure to comply with this chapter or rules and regulations of the board may result in the revocation of registration of the rehabilitation supplier by the board."
Section 5. Said chapter is further amended by striking in its entirety Code Section 34-9-205, relating to approval of physicians' fees and hospital charges by the State Board of Workers' Compensation, and inserting in lieu thereof a new Code Section 34-9-205 to read as follows:
"34-9-205. (a) Fees of physicians and charges of hospitals and other services under this chapter shall be subject to the approval of the State Board of Workers' Compensation. No physician, hospital, or other provider of services shall be entitled to collect any fee unless reports required by the board have been made.
(b) Annually the board shall publish a list by geographical location of usual, customary, and reasonable charges for all medical services provided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees within this list shall be presumed reasonable. No physician or hospital or medical supplier shall bill the employee for authorized medical treatment. The board may require recommendations from a panel of
734
GENERAL ACTS AND RESOLUTIONS, VOL. I
appropriate peers of the physician or hospital or other authorized medical supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board shall consider in its determinations."
Section 6. Said chapter is further amended by adding at the end of Part 1 of Article 6 a new Code Section 34-9-206 to read as follows:
"34-9-206. (a) A group insurance company or other health care provider who covers the costs of medical treatment for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of proceedings before the board that such provider is a party at interest.
(b) In cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or insurance carrier to repay the group insurance company or other health care provider the funds it has expended for the claimant's medical treatment, provided that such employer or its workers' compensation insurance carrier is liable under this chapter for such medical treatment and provided further that such other provider has become a party at interest pursuant to the provisions of subsection (a) of this Code section."
Section 7. Said chapter is further amended by striking subsection (e) of Code Section 34-9-221, relating to the timing of payment of workers' compensation income benefits, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) If any income benefits payable without an award are not paid when due, there shall be added to the accrued income benefits an amount equal to 15 percent thereof, which shall be paid at the same time as, but in addition to, the accrued income benefits unless notice is filed under subsection (d) of this Code section or unless this nonpayment
GEORGIA LAWS 1985 SESSION
735
is excused by the board after a showing by the employer that owing to conditions beyond control of the employer the income benefits could not be paid within the period prescribed."
Section 8. Said chapter is further amended by striking in its entirety Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $155.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage.
(b) With respect to injury or death resulting from an accident occurring on or after July 1, 1986, the maximum weekly benefit shall be $175.00."
Section 9. Said chapter is further amended by striking in its entirety Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof a new Code Section 34-9-262 to read as follows:
"34-9-262. (a) Except as otherwise provided in Code Section 34-9-263 and in subsection (b) of this Code section, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $104.00 per week for a period not exceeding 350 weeks from the date of injury.
(b) With respect to temporary partial disability resulting from an accident occurring on or after July 1, 1986, the maximum weekly benefit shall be $117.00."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 10. Said chapter is further amended by striking subsections (c), (d), (e), (f), and (g) of Code Section 34-9-263, relating to compensation for permanent partial disability, and inserting in lieu thereof the following:
"(c) Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 34-9261, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows:
Bodily Loss
Maximum Weeks
(1) Arm
.
1 225
(2) Leg
225
(3) Hand
160
(4) Foot
135
(5) Thumb
60
(6) Index finger
40
(7) Middle finger
35
(8) Ring finger
30
(9) Little finger.....
25
(10) Great toe
30
(11) Any toe other than the great toe
20
(12) Loss of hearing, traumatic
One ear
75
Both ears
150
(13) Loss of vision of one eye
150
(14) Disability to the body as a whole
300
GEORGIA LAWS 1985 SESSION
737
(d) Loss of distal phalange shall be considered to be equal to the loss of one-half of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit.
(e) Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg, but if amputated between the elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic device can be affixed.
(f) For the purpose of determining disability to the body as a whole under paragraph (14) of subsection (c) of this Code section, 'disability' means either physical impairment or actual wage loss as provided under Code Section 34-9262, whichever is greater. No combination of payments under paragraph (14) of subsection (c) of this Code section and Code Section 34-9-262 shall exceed 300 weeks.
(g) Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261."
Section 11. Said chapter is further amended by striking in its entirety Code Section 34-9-265, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, and inserting in lieu thereof a new Code Section 34-9-265 to read as follows:
"34-9-265. (a) When an employee is entitled to compensation under this chapter for an injury received and death ensues from any cause not resulting from the injury for which he was entitled to compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate.
(b) If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an accident death results proxi-
738
GENERAL ACTS AND RESOLUTIONS, VOL. I
mately therefrom, the compensation under this chapter shall be as follows:
(1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness and burial expenses not to exceed $5,000.00. If the employee leaves no dependents, this shall be the only compensation;
(2) The employer shall pay the dependents of the deceased employee, which dependents are wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to the compensation which is provided for in Code Section 34-9-261 for total incapacity;
(3) If the employee leaves dependents only partially dependent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury;
(4) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be subtracted from the maximum 400 week period of dependency of a spouse provided by Code Section 34-9-13; and in no case shall payments be made to dependents except during dependency;
(5) If the employee leaves dependents who are not citizens or residents of the United States or the Dominion of Canada at the time of the accident, the amount of compensation shall not in any case exceed $1,000.00.
(c) The compensation provided for in this Code section shall be payable only to dependents and only during dependency.
GEORGIA LAWS 1985 SESSION
739
(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $65,000.00."
Section 12. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
CRIMINAL PROCEDURE -- SENTENCING; VICTIM IMPACT STATEMENTS; PAROLE; NOTICES TO VICTIMS.
Code Sections 17-10-1.1 and 17-10-1.2 Enacted. Code Section 42-9-47 Amended.
No. 559 (Senate Bill No. 75).
AN ACT
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that prior to the fixing of a sentence, the judge may consider a victim impact statement in determining the appropriate sentence and in entering any order of restitution to the victim if the defendant, in committing a felony, caused physical, psychological, or economic injury to the victim or, in committing a misdemeanor, caused serious physical injury or death to the victim; to provide for notice in certain cases to the victim of the right to make such a statement orally or in writing; to provide for procedures relating to such statement; to provide that the victim's attorney or designated family member may make such statement when the victim is unable to do so; to provide for victim impact statements prior to consideration of parole; to provide for the contents of such statement; to provide for the
740
GENERAL ACTS AND RESOLUTIONS, VOL. I
form and availability of such statement; to provide for rebuttal of such statement; to provide that no sentence shall be invalidated because of failure to comply with the provisions of law regarding such statements; to provide that such provisions shall not create any cause of action or any right of appeal; to provide for other matters relative to the foregoing; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide for certain notice to victims of crimes against the person; to provide for mailing such notice; to provide that parole dates shall not be voided under certain circumstances; to provide an effective date; to provide for application; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding two new Code sections immediately following Code Section 1710-1, to be designated Code Sections 17-10-1.1 and 17-10-1.2, to read as follows:
"17-10-1.1. (a) Except in cases in which life imprisonment or the death penalty must be imposed, prior to the fixing of the sentence as provided for in Code Section 1710-1, the judge may consider a victim impact statement in determining the appropriate sentence and in entering any order of restitution to the victim if:
(1) The defendant, in committing a felony, caused physical, psychological, or economic injury to the victim; or
(2) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim.
(b) A victim impact statement shall:
(1) Identify the victim of the offense and the perpetrator;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
GEORGIA LAWS 1985 SESSION
741
(3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence;
(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
(6) Contain any other information related to the impact of the offense upon the victim that the court requires.
(c) The State Board of Pardons and Paroles shall establish a form document which shall include the elements set forth in subsection Ob) of this Code section and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the impact statement form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the State Board of Pardons and Paroles and contain a statement that the victim must maintain a copy of his address with the State Board of Pardons and Paroles and must notify the board of any change of address.
(d) The victim may complete the victim impact statement form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim. Prior to the sentencing, the prosecuting attorney shall file any such written victim impact statement, if in existence at that time, with the court and shall make it available to the defendant.
(e) The court shall, in the manner prescribed by rule of court, allow the defendant to have the opportunity to rebut the victim's written statements.
(f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim
742
GENERAL ACTS AND RESOLUTIONS, VOL. I
may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole.
(g) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person.
17-10-1.2. (a) Except in cases in which life imprisonment or the death penalty must be imposed, prior to the fixing of the sentence as provided for in Code Section 1710-1, the court, within its discretion, may allow any victim or his representative who elects to make an oral victim impact statement the opportunity to do so in the presence of the defendant before rendering the appropriate sentence and in entering any order of restitution to the victim. Such oral statement may be considered in cases where:
(1) The defendant, in committing a felony, caused physical, psychological, or economic injury to the victim; or
(2) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim.
(b) In making an oral statement, the victim shall, if applicable:
(1) Describe the nature of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence;
(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
GEORGIA LAWS 1985 SESSION
743
(6) Include any other information related to the impact of the offense upon the victim that the court inquires of.
(c) The court shall, in the manner prescribed by rule of court, allow the defendant to have the opportunity to rebut the victim's oral statements.
(d) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person."
Section 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by striking Code Section 429-47, relating to notification of persons and law enforcement authorities of decisions to parole inmates, and inserting in lieu thereof a new Code Section 42-9-47 to read as follows:
"42-9-47. Within 72 hours after the board reaches a final decision to parole an inmate, the district attorney, the presiding judge, the sheriff of each county in which the inmate was tried, convicted, and sentenced, the local law enforcement authorities of the county of the last residence of the inmate prior to incarceration, and the victim of crimes against the person shall be notified of the decision by the chairman of the board. Such notice to the victim shall be mailed to the victim's address as provided for in subsection (c) of Code Section 17-10-1.1. Failure of the prosecuting attorney to provide an address of the victim or failure of the victim to inform the board of a change of address shall not void a parole date set by the board."
Section 3. This Act shall become effective on July 1, 1985.
Section 4. This Act shall only apply to cases filed on or after July 1, 1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
744
GENERAL ACTS AND RESOLUTIONS, VOL. I
EVIDENCE -- PRESENCE OF VICTIM IN COURT DURING THE TRIAL OF A CRIMINAL OFFENSE.
Code Section 24-9-61 Amended. Code Section 24-9-61.1 Enacted.
No. 560 (Senate Bill No. 74).
AN ACT
To amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a criminal offense may be entitled to be present in court during the prosecution of such offense; to provide that it shall be within the sole discretion of the judge to implement such provisions of law and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given; to provide that failure of the victim to exercise such right shall not be a cause or ground for appeal by a defendant or for any court to set aside, reverse, or remand a criminal conviction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by striking Code Section 24-9-61, relating to sequestration of witnesses, and inserting in lieu thereof a new Code Section 24-9-61 to read as follows:
"24-9-61. Except as otherwise provided in Code Section 24-9-61.1, in all cases either party shall have the right to have the witnesses of the other party examined out of the hearing of each other. The court shall take proper care to effect this object as far as practicable and convenient, but no mere irregularity shall exclude a witness."
Section 2. Said article is further amended by adding a new Code section immediately following Code Section 24-9-61, to be designated Code Section 24-9-61.1, to read as follows:
GEORGIA LAWS 1985 SESSION
745
"24-9-61.1. (a) The victim of a criminal offense may be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion of the judge to implement the provisions of this Code section and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given.
(b) The failure of a victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
GEORGIA BUILDING AUTHORITY -- RAILROAD EXCURSIONS.
Code Section 50-9-5 Amended.
No. 561 (House Bill No. 471).
AN ACT
To amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority, so as to empower and authorize the authority to operate and cause to be operated railroad excursions between and in the vicinity of stated places of public interest; to empower and authorize activities in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
746
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 50-9-5 of the Official Code of Geor-
gia Annotated, relating to the general powers of Georgia Build-
ing Authority, is amended by striking in its entirety paragraphs
(9) and (10) and inserting in their place new paragraphs (9),
(10)
, and (11) to read as foll
"(9) To operate and cause to be operated railroad excursions between and in the vicinity of stated places of public interest, provided that a right of use has been obtained by the authority before private property is used in such purpose; to make contracts with all public and private individuals and entities for the purpose thereof; to purchase, rent, lease, sell, and otherwise acquire and dispose of personal property for such purposes; to apply for licenses, permissions, regulatory approvals, and the like; and to do all other things necessary or convenient to carry out such power;
(10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this chapter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 2, 1985.
GEORGIA LAWS 1985 SESSION
747
RIGHT WHALE DESIGNATED AS THE OFFICIAL GEORGIA STATE MARINE MAMMAL.
No. 48 (Senate Resolution No. 91).
A RESOLUTION
Designating the right whale as the official Georgia state marine mammal; and for other purposes.
WHEREAS, although the State of Georgia has designated flowers, birds, a mineral, a fossil, a fish, a tree, an insect, and a gem as official symbols of Georgia, she has never had a state marine mammal; and
WHEREAS, in 1980, photographers from the Department of Natural Resources discovered and photographed a right whale off the Georgia coast; and
WHEREAS, those photographs were the basis for an expedition to the area by the New England Aquarium, since the whale was familiar to them and known to them as Fermata; and
WHEREAS, the expedition, led by a group of Delta Airlines pilots from Atlanta, again sighted Fermata with a newborn calf and during the expedition sighted 14 more adult whales and four newborn calves; and
WHEREAS, the coastal waters of Georgia were found to be the heretofore unknown calving grounds of the North Atlantic Right Whale, the only known member of the great whale group that is native to Georgia; and
WHEREAS, the discovery of the Georgia calving grounds is one of the most exciting discoveries in the study of marine mammals and will add to the knowledge that is vital to the survival of this species.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the right whale is designated as the official Georgia state marine mammal.
Approved April 2, 1985.
748
GENERAL ACTS AND RESOLUTIONS, VOL. I
JOINT URBAN COUNTY AND MUNICIPAL STUDY COMMITTEE -- CREATED.
No. 49 (House Resolution No. 15).
A RESOLUTION
Creating a Joint Urban County and Municipal Study Committee; and for other purposes.
WHEREAS, under the provisions of the Constitution of the State of Georgia, counties are granted self-executing authority to provide the full range of municipal type services which historically have been provided by municipal governments in Georgia; and
WHEREAS, because of the population growth and rapid urbanization of our state's metropolitan counties and limitations on the expansion of municipal boundaries, a number of such counties provide municipal services to their unincorporated areas which have, in fact, become municipal in character; and
WHEREAS, the provision of such municipal services by counties has, in some areas of our state, blurred the traditional distinction between cities and counties and has led to conflict, duplication, fragmentation, and disparities in financing the provision of municipal type services; and
WHEREAS, there is a compelling need to study and sort out the roles, functions, relationships, and powers of Georgia's urban counties and of their counterpart municipal governments, and to explore alternative methods of intergovernmental cooperation and organization that may increase and enhance local government efficiency and effectiveness.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Urban County and Municipal Study Committee to be composed of 16 members. Eight members shall be appointed by the President of the Senate, and eight members shall be appointed by the Speaker of the House. Of the eight members appointed by the President of the Senate, no more than four shall be members
GEORGIA LAWS 1985 SESSION
749
of the Senate, at least two shall be mayors of municipalities, and at least one shall be a chairman of a county board of commissioners. Of the eight members appointed by the Speaker of the House, no more than four shall be members of the House of Representatives, at least two shall be chairmen of county boards of commissioners, and at least one shall be a mayor of a municipality. The President of the Senate and the Speaker of the House shall each designate a cochairman of the committee at the time of appointing the membership of the committee. The committee shall conduct a comprehensive study of the legal basis, rules, functions, power, and financing of Georgia's urban counties and of the municipal governments located within such counties, and may consider alternative methods of intergovernmental cooperation and organization which would increase and enhance government efficiency and effectiveness. The committee may seek the cooperation and assistance of the Carl Vinson Institute of Government of the University of Georgia in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the committee. Members of the committee who are not members of the General Assembly shall not be compensated or reimbursed for expenses from state funds for service on the committee. The members of the committee shall be authorized to meet for not more than ten days to carry out their duties under this resolution.
BE IT FURTHER RESOLVED that the committee will make a report of its findings and recommendations to the Governor and to the General Assembly by not later than the date the General Assembly convenes in regular session in January, 1986, and on that date the committee shall stand abolished.
Approved April 2, 1985.
750
GENERAL ACTS AND RESOLUTIONS, VOL. I
COMMISSION ON GOVERNMENTAL LIABILITY -- CREATED.
No. 50 (House Resolution No. 171).
A RESOLUTION
Creating a Commission on Governmental Liability so as to provide for its composition; to provide for the powers and duties of the commission; to provide for staff support for the commission; to provide for the expenditure of funds and the payment of expenses; to provide for the expiration of the commission; to repeal conflicting laws; and for other purposes.
WHEREAS, traditionally, the state and, to a lesser extent, counties and municipalities have enjoyed immunity from liability under state law for governmental activities; and
WHEREAS, a number of states have now eliminated complete immunity for torts committed by governmental entities and their agents and replaced such immunity with specific tort claims statutes affecting governmental entities; and
WHEREAS, court decisions at both the state and federal level have had the effect of modifying governmental immunity in varying degrees; and
WHEREAS, the absence of any clearly definable standards and limitations on potential liability has created severe difficulties for governments seeking to obtain liability insurance coverage for their operations; and
WHEREAS, the continued viability of blanket governmental immunity may no longer be in the best interests of the general public; and
WHEREAS, the complete removal of any immunity for governmental operations either by future court action or by legislative action would result in costs in excess of the benefit to the public; and
WHEREAS, there has not been a comprehensive review of the status of governmental immunity and liability and avail-
GEORGIA LAWS 1985 SESSION
751
ability of governmental liability insurance in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created a Commission on Governmental Liability, hereinafter referred to as the "commission." The commission shall consist of 15 persons. At least three members shall be members of the House of Representatives appointed by the Speaker, and at least three members shall be members of the Senate appointed by the Lieutenant Governor. One member shall be the Attorney General or his designee. The remaining members shall be appointed by the Governor from members of the general public, local government elected officials, and attorneys and other persons who by their experience and interest are knowledgeable about the subject of governmental immunity and liability. The commission shall make a report of its findings and recommendations for legislation, if any, to the Governor and to members of the General Assembly on or before December 1, 1985.
Section 2. At the initial meeting of the commission, the commission shall elect a chairman. The commission may elect from its membership such other officers as it deems advisable. The commission may establish such quorum, attendance, and other rules as it deems advisable.
Section 3. The members of the commission shall be entitled to the expense allowance and travel cost reimbursement allowed by Code Section 45-7-21 of the Official Code of Georgia Annotated 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 legislative committees.
Section 4. The commission shall conduct or cause to be conducted research into all facets of the issues of governmental immunity, liability, and availability of liability insurance for
752
GENERAL ACTS AND RESOLUTIONS, VOL. I
governments. The commission shall utilize the research compiled and make recommendations for any legislative changes which the commission deems advisable, including, but not limited to, the recommendation that Georgia adopt a general governmental tort claim statute to establish the limits of liability of the state, counties, and municipalities; recommendations as to the advisability of the authorization of creation of self-funded liability insurance pools for local governments; and such other recommendations relating to governmental immunity, liability, and insurance therefor that the commission deems advisable.
Section 5. Staff support for the commission shall be provided by the Institute of Government at the University of Georgia with assistance from other departments of the state as needed. The chairman, with the advice and consent of the commission, may employ such other full-time or part-time clerical, professional, legal, and other personnel as may be deemed necessary and may fix the compensation therefor. The chairman, with the advice and consent of the commission, is authorized to contract with consultant, research, and professional firms, institutions, or agencies for the preparation of studies and the gathering of such information as the commission may deem necessary.
Section 6. The commission shall be attached for administrative purposes as an arm of the Legislative Services Committee, and the expenses of the commission shall be paid from funds appropriated to the Legislative Services Committee or from such other funds as may be appropriated by the General Assembly.
Section 7. The commission shall stand repealed on January 1,1986, and this resolution shall stand repealed on January 1, 1986.
Approved April 2, 1985.
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ALCOHOLIC BEVERAGES -- AGE FOR PURCHASE AND CONSUMPTION.
Code Sections 3-3-23 and 3-3-23.1 Amended. No. 562 (House Bill No. 21). AN ACT
To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages; to provide for a certain age requirement for a period of one year and for a different age requirement thereafter; to provide effective dates; 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:
Part 1
Section 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, is amended by striking Code Section 3-3-23, relating to furnishing, purchasing, or possessing alcoholic beverages by underage persons, in its entirety and substituting in lieu thereof a new Code Section 3-3-23 to read as follows:
"3-3-23. (a) Except as otherwise authorized by law:
(1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 20 years of age;
(2) No person under 20 years of age shall purchase or knowingly possess any alcoholic beverage;
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(3) No person under 20 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and
(4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 20 years of age.
(b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state;
(2) At a religious ceremony; or
(3) In the home with parental consent.
(c) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 20 years of age or older. For purposes of this subsection, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate.
(d) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 20 years of age from:
(1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment;
GEORGIA LAWS 1985 SESSION
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(2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or
(3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.
(e) Testimony by any person under 20 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 20 years of age.
(f) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15."
Section 2. Said Article 2 is further amended by striking subsection (a) of Code Section 3-3-23.1, relating to procedures and penalties for the violation of Code Section 3-3-23, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 20 years of age."
Part 2
Section 3. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, is amended by striking Code Section 3-3-23, relating to furnishing, purchasing, or possessing alcoholic beverages by underage persons, in its entirety and substituting in lieu thereof a new Code Section 3-3-23 to read as follows:
"3-3-23. (a) Except as otherwise authorized by law:
(1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age;
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(2) No person under 21 years of age shall purchase or knowingly possess any alcoholic beverage;
(3) No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and
(4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age.
(b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state;
(2) At a religious ceremony; or
(3) In the home with parental consent.
(c) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate.
(d) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 21 years of age from:
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(1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment;
(2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or
(3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.
(e) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 21 years of age.
(f) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15."
Section 4. Said Article 2 is further amended by striking subsection (a) of Code Section 3-3-23.1, relating to procedures and penalties for the violation of Code Section 3-3-23, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age."
Part 3
Section 5. Part 1 of this Act shall become effective on September 30,1985. Part 2 of this Act shall become effective on September 30, 1986.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
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MOTOR VEHICLES AND TRAFFIC -- DRIVERS' LICENSES; CHEMICAL TESTS; REVOCATION; HABITUAL VIOLATORS.
Code Title 40 Amended.
No. 563 (House Bill No. 90). AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that persons under 21 years of age shall be issued a distinctive driver's license; to delete certain provisions relating to conditional drivers' licenses for minors; to provide that the provisions relating to chemical tests for alcohol and drugs shall apply anywhere within the state; to provide for and specify the time period within which previous offenses shall be considered for determining criminal punishment and administrative sanctions for violations of certain serious traffic offenses; to provide that the fiveyear period of time which must elapse between the time a revoked license of a habitual violator is surrendered or received by the department and the time such person may apply for a new driver's license shall be reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; to provide for the revocation of probationary drivers' licenses; to provide that in certain situations pleas of nolo contendere by persons under 18 years of age shall constitute convictions; to provide for the suspension of the drivers' licenses of persons who commit serious traffic offenses and against whom points are assessed and to provide the conditions which shall be met prior to the reinstatement of such licenses; to change the tuition charged to attend defensive driving courses; to authorize persons who are convicted of certain offenses to have their licenses reinstated upon completion of alcohol or drug courses; to change the driver's license restoration fee set forth in this article to conform to the driver's license restoration fee set elsewhere in this chapter; to authorize the commissioner to impose a civil fine on driver improvement clinics which violate provisions of laws and rules and regulations applicable to such
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clinics; to provide procedures relative thereto; to provide that the provisions relating to the duty of drivers to stop and return to the scene of accidents, the duty upon striking an unattended vehicle, and the duty upon striking a fixture shall apply upon the highways of this state and at certain other specified locations; to change the penalties for persons convicted of failing to stop and return to the scene of accidents and eluding police officers and to authorize certain courts to impose such penalties regardless of charter limitations; to change the definition of serious injury by vehicle; to provide that pleas of nolo contendere shall constitute convictions for the purpose of imposing certain sentences; to authorize certain individuals who are probation officers or other officials or employees of the probation division of the Department of Offender Rehabilitation and the spouses of such individuals to continue, after June 1,1985, to own, operate, instruct at, or be employed by driver improvement clinics; to authorize persons who are authorized or required to attend a driver improvement clinic or program to attend any certified driver improvement clinic or program and to prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from specifying a particular driver improvement clinic or program which such person may or shall attend; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-26, relating to minors, and inserting in lieu thereof a new Code Section 40-5-26 to read as follows:
"40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult.
(b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 21 years
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GENERAL ACTS AND RESOLUTIONS, VOL. I
of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 21 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses."
Section 2. Said title is further amended by striking Code Section 40-5-55, relating to implied consent to certain tests, and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol content of 0.12 percent or greater while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
(c) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to a chemical test
GEORGIA LAWS 1985 SESSION
761
designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter.
(d) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended.
(e) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed."
Section 3. Said title is further amended by striking subparagraph (c)(1)(B) of Code Section 40-5-57, relating to suspension and revocation of licenses, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period, as measured from the dates of previous arrests for
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GENERAL ACTS AND RESOLUTIONS, VOL. I
which convictions were obtained to the date of the most current arrest for which a conviction is obtained. A second or subsequent plea of nolo contendere, within the preceding five years, as measured from the dates of previous arrests for which pleas of nolo contendere were accepted to the date of the most current arrest for which a plea of nolo contendere is accepted, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code section. At the end of the period of suspension, the violation point count shall be reduced to zero points."
Section 4. Said title is further amended by adding between Code Section 40-5-57 and Code Section 40-5-58 a new Code Section 40-5-57.1 to read as follows:
"40-5-57.1. (a) Any person who has such points assessed against him as to require the suspension of his license pursuant to Code Section 40-5-57 shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension, such person may apply to the department for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 90 days of suspension, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62.
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(b) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, or from the date a license is surrendered to a court under any provision of this chapter, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is accepted by the department.
(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a fee of $25.00 for the return of his license.
(d) The commissioner may, before returning a license to a person prior to the full period of a suspension, require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined in paragraph (8) of Code Section 40-5-1 for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall become immediately suspended without further action by the department and the person shall forthwith surrender his license to the department. The license shall remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The department shall establish by rules and regulations the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained, provided that when the full period of suspension has run, the license shall unconditionally be returned to the driver."
Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States:
(1) Three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, 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 Sections 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 operator's 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 application for an operator's license;
(F) Using a fraudulent or fictitious license;
(G) While in a motor vehicle, fleeing or attempting to elude a police officer;
(H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used;
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(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 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, 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, suspension, or revocation of any operator's 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 driver's license.
(b) When the records of the department disclose that any person has been arrested and 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 arrest and conviction, when taken with and added to previous arrests and convictions of such person 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
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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 driver's 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 person's last known address shall be primafacie evidence that such person received the required notice."
Section 6. Said title is further amended by striking subparagraph (e)(6)(B) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof a new subparagraph to read as follows:
"(B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge ofviolating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year suspension period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater."
Section 7. Said title is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension, which reads as follows:
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"(a) Any person who is convicted of an offense listed in Code Section 40-5-54 or has such points assessed against him as to require the suspension of his license pursuant to Code Section 40-5-57 shall, except as provided in subsection (f) of this Code section, have his license suspended as follows:
(1) Upon a first conviction of any such offense or assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension such person may apply to the department for the return of his license;
(2) For a second conviction of any such offense or assessment of the requisite points within five years, the period of suspension shall be three years, provided that at any time after 90 days of suspension such person may apply to the department for the return of his license;
(3) For a third assessment of requisite points or third conviction of any such offense within five years, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For the purposes of this paragraph, all accepted pleas of nolo contendere shall be considered convictions.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who is convicted of an offense listed in Code Section 40-5-54 shall, except as provided in subsection (f) of this Code section, have his license suspended as follows:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license.
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Prior to such reinstatement, the person shall have completed a course of instruction as provided for in subsection (a) of Code Section 40-5-84 and shall have complied with any other requirements imposed by this Code section. For purposes of this subparagraph, a plea of nolo contendere by a person who is under 18 years of age at the time of arrest shall constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Prior to such reinstatement, the person shall have completed a course of instruction as provided for in subsection (b) of Code Section 40-5-84 and shall have completed any other requirements imposed by this Code section. For purposes of this subparagraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this subparagraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period shall constitute a conviction."
Section 8. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-62, relating to periods of revocation of drivers' licenses, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) (A) Except as provided in subparagraph (B) of this paragraph, five years from the date on which the revoked
GEORGIA LAWS 1985 SESSION
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license was surrendered to and received by the department pursuant to a person's having been declared a habitual violator under Code Section 40-5-58.
(B) Effective for all licenses revoked after July 1, 1980, the five-year period provided for in subparagraph (A) of this paragraph shall be reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or".
Section 9. Said title is further amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any contrary provisions of Code Section 40-5-57, 40-5-57.1, or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with Code Section 40-5-57.1 or paragraph (1) of subsection (a) of Code Section 40-5-63."
Section 10. Said title is further amended by striking subsection (b) of Code Section 40-5-70, relating to suspension of drivers' licenses for certain offenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) The driver's license of any person convicted of violating Code Section 40-6-391 shall be suspended as follows:
(A) Upon the first conviction, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license.
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Such license shall be reinstated if the person submits proof of completion of a certified and approved basic alcohol or drug course from an approved driver improvement clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under subparagraphs (B) and (C) of this paragraph;
(B) Upon the second conviction within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved advanced alcohol or drug program from an approved driver improvement clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; and
(C) Upon the third conviction within five years, as measured from the dates of previous arrests for which
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convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be a habitual violator, and his license shall be indefinitely suspended pending revocation. The Department of Public Safety shall revoke such person's driver's license as provided in Code Section 40-5-58 and Code Section 40-5-62. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
(2) Notwithstanding the provisions of paragraph (1) of this subsection which provide for the early reinstatement of a person's driver's license, the Department of Public Safety shall not reinstate the driver's license during any period of suspension imposed under subsection (b) of Code Section 40-5-63."
Section 11. Said title is further amended by striking subsection (a) of Code Section 40-5-71, relating to limited driving permits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person convicted of violating Code Section 406-391 who has not previously been convicted of violating said Code section within the preceding five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction was obtained, and who has not had his driver's license suspended under Code Section 40-5-72 may apply to the Department of Public Safety for a limited driving permit."
Section 12. Said title is further amended by striking Code Section 40-5-83, relating to driver improvement and alcohol or drug clinics, and inserting in lieu thereof a new Code Section 40-5-83 to read as follows:
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"40-5-83. The commissioner shall establish criteria for the approval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, a professional defensive driving course, a basic alcohol or drug course, an advanced alcohol or drug program, advanced professional alcohol or drug treatment, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. No approved clinic shall charge a fee of more than $40.00 for a basic alcohol or drug course or an advanced alcohol or drug program. No approved clinic shall charge a fee of more than $40.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic by the department. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college."
Section 13. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses, and inserting in lieu thereof a new Code Section 40-5-84 to read as follows:
"40-5-84. (a) The license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the payment of a restoration fee of $25.00.
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department
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of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $25.00.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the payment of a restoration fee of $25.00.
(d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $25.00."
Section 14. Said title is further amended by adding immediately following Code Section 40-5-87 a new Code Section 405-88 to read as follows:
"40-5-88. As an alternative to criminal or other civil enforcements, the commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right ofjudicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein
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the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant thereto."
Section 15. Said title is further amended by striking Code Section 40-6-3, relating to areas in which the uniform rules of the road apply, and inserting in lieu thereof a new Code Section 40-6-3 to read as follows:
"40-6-3. The provisions of this chapter relating to the operation of vehicles refer to the operation of vehicles upon highways except:
(1) Where a different place is specifically referred to in a given Code section;
(2) The provisions of this chapter shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although privately owned are customarily used by the public as through streets or connector streets;
(3) The provisions of this chapter relating to reckless driving, driving in violation of Code Section 40-6-391, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state; and
(4) The provisions of Code Sections 40-6-270, 40-6272, and 40-6-273 shall apply upon the highways of this
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state, in all parking areas, and in all areas which are customarily open to the public and within 200 feet of all such highways, parking areas, and areas customarily open to the public."
Section 16. Said title is further amended by striking Code Section 40-6-270, relating to duty of drivers to stop and return to scene of accidents, and inserting in lieu thereof a new Code Section 40-6-270 to read as follows:
"40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary.
(b) (1) Any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both;
(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and
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(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(c) If the payment of the fine required under subsection (b) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(d) Notwithstanding the limits set forth in any municipal charter, any recorder's, mayor's, or police court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section."
Section 17. Said title is further amended by striking subsection (c) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Every person convicted of violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as mea-
GEORGIA LAWS 1985 SESSION
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sured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) A period of imprisonment of not less than ten days nor more than one year, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated;
(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) (i) A period of imprisonment of not less than 90 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph (2).
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall
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GENERAL ACTS AND RESOLUTIONS, VOL. I
perform not less than 80 hours of community service; and
(3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) (i) A mandatory period of imprisonment of not less than 120 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph.
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service.
(4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction."
Section 18. Said title is further amended by striking Code Section 40-6-394, relating to serious injury by vehicle, and inserting in lieu thereof a new Code Section 40-6-394 to read as follows:
"40-6-394. Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body,
GEORGIA LAWS 1985 SESSION
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by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-391, relating to drivers with ability impaired by alcohol or drugs, shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years."
Section 19. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-395, relating to eluding police officers, which read as follows:
"(a) Any driver of a vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle when given a visual or an audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.
(b) Any person who flees or attempts to elude a police officer shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.",
and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) (1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both;
(B) Upon the second conviction within a fiveyear period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt pro-
GEORGIA LAWS 1985 SESSION
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ceeding or a revocation of any probation otherwise authorized by this subsection.
(4) Notwithstanding the limits set forth in any municipal charter, any recorder's, mayor's, or police court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection."
Section 20. Said title is further amended by adding between Code Section 40-5-85 and Code Section 40-5-86 a new Code Section 40-5-85.1 and a new Code Section 40-5-85.2 to read as follows:
"40-5-85.1. Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Offender Rehabilitation or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of the probation division of the Department of Offender Rehabilitation or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, to engage in such activities.
40-5-85.2. Whenever any person is authorized or required to attend a driver improvement clinic or program as a condition of any sentence imposed under this title or any ordinance enacted pursuant thereto or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver
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GENERAL ACTS AND RESOLUTIONS, VOL. I
improvement clinic or program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs."
Section 21. (a) Except as provided in subsection (b) of this section, this Act shall become effective September 1, 1985.
(b) Section 20 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 22. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
ALCOHOLIC BEVERAGES -- UNDERAGED PERSONS; MISREPRESENTATION OF IDENTITY; FURNISHING ALCOHOLIC BEVERAGES TO UNDERAGED PERSONS;
PENALTIES.
Code Sections 3-3-23 and 3-3-23.1 Amended.
No. 564 (House Bill No. 142).
AN ACT
To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to provide that it shall be a criminal offense for an underage person to misrepresent his or her identity or use any false identification for the purpose of purchasing or acquiring any alcoholic beverage; to provide the penalty to
GEORGIA LAWS 1985 SESSION
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be imposed upon the second or subsequent conviction of furnishing alcoholic beverages to underage persons, purchasing alcoholic beverages by an underage person, misrepresenting one's age for the purpose of illegally obtaining alcoholic beverages, acting as an agent to purchase or acquire alcoholic beverages for an underage person, or misrepresentation of identity by an underage person for the purpose of purchasing or obtaining alcoholic beverages; to provide effective dates; 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 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, is amended by striking the word "and" from the end of paragraph (3) of subsection (a) of Code Section 3-323, relating to alcoholic beverage offenses involving underage persons, by replacing the period at the end of paragraph (4) of said subsection (a) with the symbol and word "; or", and by adding a new paragraph (5) of said subsection (a) to read as follows:
"(5) No person under 20 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage."
Section 2. Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 3-3-23, relating to alcoholic beverage offenses involving underage persons, and inserting in its place a new paragraph to read as follows:
"(5) No person under 21 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage."
Section 3. Said article is further amended by striking subsection (b) of Code Section 3-3-23.1, relating to penalties for violating certain laws relating to alcoholic beverages, which subsection reads as follows:
"(b) Any person violating any prohibition contained in Code Section 3-3-23 shall be guilty of a misdemeanor, except
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GENERAL ACTS AND RESOLUTIONS, VOL. I
that any person convicted of possession of alcoholic beverages pursuant to paragraph (2) of subsection (a) of Code Section 3-3-23 shall be guilty of a misdemeanor but punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-323 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both.
(2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-323 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature."
Section 4. Section 1 of this Act shall become effective September 30, 1985. Section 2 of this Act shall become effective September 30, 1986. Section 3 of this Act shall become effective July 1, 1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
GEORGIA LAWS 1985 SESSION
785
CHILD AND SPOUSAL SUPPORT. Code Titles 18, 19, and 48 Amended.
No. 565 (House Bill No. 155). AN ACT
To revise extensively statutes relative to the enforcement of child and spousal support obligations; to implement certain changes required by the federal Child Support Enforcement Amendments of 1984 (Pub. L. 98-378); to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide for continuing garnishment for support; to define certain terms; to provide for the contents of affidavits, summons, and answers for continuing garnishment for support; to provide for methods, practices, procedures, and other matters relative to continuing garnishment for support; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for additional powers of the court in cases involving child support; to provide that, in cases involving child support, the court may inquire into the availability of accident and sickness insurance coverage for the child or children and include provision for such in orders for support; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," so as to provide that recipients of foster care maintenance payments on behalf of a child shall be deemed to have an assignment to the state of any child support payments owed to such recipient; to require the Department of Human Resources to provide child support enforcement services and to collect child support payments on behalf of certain clients; to authorize the department to appear in judicial proceedings to enforce the right to support; to provide conditions under which the department shall enforce an order for alimony; to provide for wage assignments; to authorize the department to inquire into the availability of accident and sickness insurance coverage for a child or children and to authorize the department to peti-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tion for modification of a support order to have such coverage included in the support order; to authorize and require the department to make available information regarding overdue support payments to certain consumer reporting agencies; to amend Code Section 19-11-53 of the Official Code of Georgia Annotated, relating to the representation of certain petitioners by the various district attorneys; to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection, so as to allow the Department of Human Resources to utilize income tax setoff procedures to enforce and collect obligations for support; to amend Code Section 48-7-165 of the Official Code of Georgia Annotated, relating to the hearing procedures for a contested tax setoff, so as to provide for a consolidated hearing to contest federal and state tax setoffs; 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 striking subsection (g) of Code Section 18-4-20, relating to property which is subject to garnishment generally, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Except as provided in Article 7 of this chapter for a summons of continuing garnishment for support, the summons of garnishment, including a summons of continuing garnishment pursuant to Article 6 of this chapter, shall on its face state the total amount 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 summons of garnishment."
Section 2. Said chapter is further amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
18-4-130. In addition to garnishment proceedings available in this chapter, a writ of garnishment shall issue for
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the continuing withholding of earnings for the enforcement of a judgment for periodic support of a family member. Unless otherwise specifically provided in this article, the methods, practices, and procedures for continuing garnishment for support shall be the same as for any other garnishment as provided in this chapter, including, but not limited to, procedures relative to default of a garnishee and relief from default and provisions relative to fees and expenses.
18-4-131. As used in this article, the term:
(1) 'Accruing on a daily basis' means the amount of support computed by conversion of the periodic amount to an annual sum, divided by 365.
(2) 'Department' means the Department of Human Resources.
(3) 'Earnings' means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(4) 'Family member' means any minor child of the defendant or a spouse or former spouse of the defendant.
(5) 'Judgment' means any order or judgment of a court of this state, any order or judgment of a court of another state which has been registered pursuant to Code Section 19-11-77 or otherwise, any order of a court of this state entered pursuant to a proceeding under Chapter 10 of Title 19, any final administrative order for support issued by the department, or any final administrative order issued by another state.
(6) 'Periodic support' means support required by the terms of a court order or judgment or an administrative order to be paid regularly on a daily, weekly, monthly, or other similar specified frequency.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
18-4-132. (a) The contents of the affidavit for continuing garnishment for support shall be substantially identical to those set forth in Code Section 18-4-112, but in addition thereto, the plaintiff shall attach a certified copy of the judgment to be enforced and shall also state the following in the affidavit:
(1) That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month's obligation as decreed in said judgment;
(2) The amount of arrearage which exists under said judgment as of the date of the execution of the affidavit;
(3) The periodic amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in the judgment; and
(4) The date of the termination of the obligation of support of each obligee named in the order or judgment of support, based upon the terms of said order or judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years.''
(b) Such affidavit may be amended from time to time by subsequent affidavits of any party showing a modification or other amendment to the original judgment sought to be enforced. Such amended or subsequent affidavits shall include a certified copy of any such modification or amendment and shall contain the information required by paragraphs (1) through (4) of subsection (a) of this Code section.
18-4-133. (a) The summons of continuing garnishment for support shall be directed to the garnishee who shall be required to file a first answer no later than 45 days after service, which answer shall state what earnings were payable to the defendant from the time of service through and including the day of the first answer and the basis for the
GEORGIA LAWS 1985 SESSION
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computation of same, including the rate of pay and hours worked, or salaries, commissions, or other basis of compensation.
(b) The garnishee shall accompany such initial answer with money of the defendant admitted in the answer to be subject to continuing garnishment for support. In computing the amounts subject to this article, the provisions of subsection (f) of Code Section 18-4-20 shall control.
(c) The money paid into court with the initial answer, after deduction for costs, shall be first applied to the periodic support payment accrued on a daily basis from the date of the affidavit of the plaintiff to the date of the initial answer. All sums in excess of such periodic payment shall be applied to the original arrearage. Original arrearage shall mean those arrears existing as of the date of the making of the plaintiff's affidavit, plus any amounts includable pursuant to subsection (b) of Code Section 18-4-134.
18-4-134. (a) If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit is not satisfied by the money payable into court under the initial answer of the garnishee, after application of the funds as set forth in subsection (c) of Code Section 18-4-133, the garnishee shall file further answers no later than 45 days after the previous answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such answer period. The amounts paid into court pursuant to subsequent answers, over and above the periodic payment accruing within such answer period, shall be applied to the original arrearage until the same is retired.
(b) If the earnings paid into court pursuant to any answer by the garnishee are less than the sums due under the periodic support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The garnishee shall file additional answers until the original arrearage is retired and all periodic support payments are current.
(d) Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final answer stating the date and reason for the defendant's termination from employment and stating, to the best of the garnishee's information, the defendant's present residential address and employer.
18-
4-13
cle shall attach for so long as the defendant is employed
by the garnishee and shall not terminate until the original
arrearage is retired. The garnishee may rely upon the infor-
mation as to the termination date of the duty of support
of any individual claimed in the affidavit of garnishment,
the amount of the duty of periodic support to be paid, any
sums paid by the defendant between the date of the filing
of the plaintiff's affidavit and the date of the initial answer
of the garnishee, and the amount of the original arrearage
existing as of the date of the affidavit of garnishment, unless
the same are traversed by the defendant and the court enters
any finding otherwise."
Section 3. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by adding at the end thereof three new Code Sections 19-6-28, 19-6-29, and 19-6-30 to read as follows:
"19-6-28. In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court.
19-
6-2
support, the court may inquire into the availability of acci-
dent and sickness insurance coverage to any person obligated
GEORGIA LAWS 1985 SESSION
791
to support and, if such coverage is reasonably available, may include in the order of support provision for such coverage.
19-6-30. (a) Any order of support of a child entered or modified on or after July 1,1985, shall contain the following provision:
'Whenever, in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support.'
(b) Any order of support entered or modified prior to July 1, 1985, shall be construed as a matter of law to contain the provision set forth in subsection (a) of this Code section."
Section 4. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," is amended by striking Code Section 19-11-6, relating to the acceptance of public assistance as an assignment of the right to child support, in its entirety and inserting in lieu thereof a new Code Section 19-11-6 to read as follows:
"19-11-6. (a) By accepting public assistance for or on behalf of a child or children, including foster care maintenance payments made pursuant to Title IV-E of the federal Social Security Act, the recipient shall be deemed to have made an assignment to the department of the right to any child support owed for the child. The department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this state and to recover any payments ordered by the courts of this or any other state. Amounts collected by the department shall be distributed and deposited by the department in conformity with law.
(b) Whenever a family for whom child support payments have been collected and distributed under this article
792
GENERAL ACTS AND RESOLUTIONS, VOL. I
ceases to receive public assistance, the department shall continue to collect such support payments from the absent parent in accordance with standards prescribed pursuant to the federal Social Security Act.
(c) The department shall accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act.
(d) The department shall accept applications for alimony enforcement services from any proper party or person if the right to alimony has been assigned to the department. The application for enforcement shall apply only to alimony while there is a court order for alimony, while the spouse is receiving public assistance, and while the spouse is receiving public assistance for a child of the spouse ordered to pay alimony."
Section 5. Said article is further amended by striking Code Section 19-11-7, relating to actions brought by the Department of Human Resources on behalf of a child, in its entirety and inserting in lieu thereof a new Code Section 19-11-7 to read as follows:
"19-11-7. (a) Whenever any dependent minor child is receiving public assistance, the department may recover any sum of money due the dependent child. The action shall be brought in the name of the child for the use of the department.
(b) Pursuant to the authority provided in subsection (a) of this Code section, the department may appear in any judicial proceeding on behalf of the spouse and the dependent
GEORGIA LAWS 1985 SESSION
793
child to enforce the parties' right to support, including alimony as long as the provisions of subsection (d) of Code Section 19-11-6 are met.
(c) Any action initiated by the department pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties."
Section 6. Said article is further amended by striking subsection (b) of Code Section 19-11-8, relating to the duty of the Department of Human Resources to obtain support, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and shall take appropriate action under this article, the child support statutes, or other state and federal statutes to assure that the responsible parent supports the child. The department shall provide that a reasonable application fee be charged each individual who applies for services under this subsection. The department shall enforce an order for alimony so long as child support is being collected along with alimony and all provisions of subsection (d) of Code Section 19-11-6 are met."
Section 7. Said article is further amended by striking subsection (a) of Code Section 19-11-20, relating to wage assignments, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A parent responsible for child support payments may make an assignment of a portion of his wages to the department in order to fulfill his obligations under this article. The employer shall recognize and comply with any wage assignment executed for the purpose of meeting child support obligations and the wage assignment shall be enforceable."
794
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Said article is further amended by adding at the end thereof two new Code Sections 19-11-25 and 19-11-26 to read as follows:
"19-11-25. (a) In accordance with Section 466(a) of the federal Social Security Act, the department shall make available information regarding the amount of overdue support owed by an absent parent residing in the state to any consumer reporting agency, as defined in Section 603(f) of the federal Fair Credit Reporting Act, upon the request of such agency.
(b) If the amount of overdue support involved in any case is less than $1,000.00, information regarding such overdue support may be made available in the discretion of the department.
(c) Any information with respect to an absent parent shall be made available only after notice of the proposed action has been sent by the department to such absent parent and such absent parent has been given a reasonable opportunity to contest the accuracy of such information.
(d) The department may collect a fee from the recipient for furnishing such information not to exceed the actual cost thereof.
19-11-26. (a) In all cases involving the assignment and collection of child support, the department may determine, as a regular part of its investigation and inquiry, whether accident and sickness insurance coverage for the child or children involved is reasonably available to an obligor of support at a reasonable cost. If it is determined that such coverage is reasonably available, the department is authorized to petition for modification of any existing order of support to include the provision of such coverage, to intervene in any pending action to have such coverage included, or to include the request for such coverage in any action brought by the department.
(b) Upon petition by the department to have accident and sickness insurance coverage included, any court having jurisdiction over the matter may include the provision of
GEORGIA LAWS 1985 SESSION
795
medical support in any order of support it may enter, if the court is satisfied as to the reasonable availability and reasonableness of the cost of such coverage."
Section 9. Code Section 19-11-53 of the Official Code of Georgia Annotated, relating to the representation of certain petitioners by the various district attorneys, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The district attorney of each superior court shall be required to represent the petitioner in any proceeding under this article where the petitioner is an applicant or recipient of public assistance or where the obligee is a dependent child or the obligees are dependent children and, in his discretion, may represent the petitioner in any other proceeding under this article where the obligee is the spouse or former spouse of the obligor. The district attorney shall be authorized to require the completion of an application. Fees for such services shall be charged as part of the application in accordance with subsection (b) of Code Section 1911-8. The department shall be entitled to receive monthly reports concerning collections under this provision pursuant to Code Section 19-11-21."
Section 10. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions with regard to setoff debt collection, is amended by striking paragraphs (1) and (2) in their entirety and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) 'Claimant agency' means and includes the Department of Human Resources with respect to collection or enforcement of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Sections 49-4-15 and 49-4-128.
(2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum or any sum which is due and owing any person and is enforceable by
796
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Department of Human Resources pursuant to subsection (b) of Code Section 19-11-8."
Section 11. Code Section 48-7-165 of the Official Code of Georgia Annotated, relating to the hearing procedures for a contested tax setoff, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) If the claimant agency receives written application contesting the setoff or the sum upon which the setoff is based, it shall grant a hearing to the taxpayer to determine whether the setoff is proper or the sum is valid according to the procedures established under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the sum asserted as due and owing is not correct, an adjustment of the claimed debt shall be made.
(2) A request for a hearing pursuant to the Internal Revenue Code to contest the collection of past-due support may be consolidated with a request for a hearing under subsection (a) of this Code section. If the sum asserted as due and owing is not correct, an adjustment of the claimed debt shall be made."
Section 12. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
GEORGIA LAWS 1985 SESSION
797
GEORGIA CORONER'S TRAINING COUNCIL ACT -- ANNUAL TRAINING FOR CORONERS.
Code Sections 45-16-60 through 45-16-67 Enacted. No. 566 (House Bill No. 256). AN ACT
To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to create the Georgia Coroner's Training Council; to provide a short title; to define certain terms; to provide for the membership of the council; to provide for terms of office; to provide for oath of office; to provide for the powers and duties of the members of the council; to provide for certification of coroners; to provide for annual training; to prohibit certain coroners from charging or collecting fees for services; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by adding immediately following Article 2 a new article, to be designated Article 3, to read as follows:
"ARTICLE 3
45-16-60. This article shall be known as 'The Georgia Coroner's Training Council Act.'
45-16-61. As used in this article, the term:
(1) 'Certified coroner' means a coroner who has the appropriate required certificate of training issued by the council on file with the Board of Public Safety.
(2) 'Coroner' means any person appointed or elected in a county to serve as coroner or deputy coroner.
798
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) 'Council' means the Georgia Coroner's Training Council.
(4) 'School' means any school, college, university, academy, or training program approved by the council and the Board of Public Safety which offers basic, inservice, advanced, specialized, or continuing training, or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council.
45-16-62. (a) There is established a council which shall be known and designated as the 'Georgia Coroner's Training Council' which shall be composed of the superintendent of the Georgia Police Academy or his designee, which member shall not be a voting member, and four coroners appointed by the Board of Public Safety, two of whom will be selected from a list of five persons recommended by the Georgia Coroner's Association. The four coroners appointed shall serve for terms of four years. Any person appointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council.
(b) Membership on the council does not constitute public office, and no member shall be disqualified from holding office by reason of his membership.
(c) Vacancies on the council shall be filled as provided in subsection (a) of this Code section for the remainder of the unexpired term.
45-16-63. Immediately and before entering upon the duties of office, the members of the Georgia Coroner's Training Council shall take the oath of office and shall file the same with the Board of Public Safety, which, upon receiving the oath of office, shall issue to each member a certificate of appointment.
45-16-64. (a) The council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect from among its members a chairman and a vicechairman who shall serve until the first meeting in the sue-
GEORGIA LAWS 1985 SESSION
799
ceeding year. Thereafter, the chairman and the vice-chairman shall be elected at the first meeting of each calendar year.
(b) The superintendent of the Georgia Police Academy or his designee shall serve as secretary to the council.
(c) A simple majority of the members of the council shall constitute a quorum for the transaction of business.
(d) The council shall maintain minutes of its meetings and such other records as it deems necessary.
(e) The council shall report at least annually to the Board of Public Safety and to the General Assembly as to its activities.
45-16-65. The council is vested with the following functions, powers, and responsibilities:
(1) To make all the necessary rules and regulations to carry out this article;
(2) To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article;
(3) To approve schools and to prescribe minimum qualifications for instructors at approved schools;
(4) To issue a certificate of certification to any coroner satisfactorily complying with an approved training program established;
(5) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and
(6) To prescribe, by rules and regulations, the minimum requirements for curricula and standards compos-
800
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing the initial in-service, advanced, specialized, and continuing training courses for certification.
45-16-66. (a) In order to maintain the status of a certified coroner, each person certified as such shall complete 16 hours of additional training per annum during each year in which he serves as coroner, as provided in subsection (b) of Code Section 45-16-8, and shall file a certificate of additional training with the Board of Public Safety.
(b) No person serving as a coroner shall charge or collect any fee, charge, or cost of any kind for his services, including those fees specified in this article, unless such person is a certified coroner.
45-16-67. On its own initiative or on the verified complaint of any person that a person has performed or is performing the duties of coroner in violation of this article, the council may file an action seeking equitable relief in its own name in the superior court of any county in this state having jurisdiction of such person. Such action shall allege the facts and pray for a temporary restraining order and temporary injunction against such person restraining him from violating this article. Upon proof thereof, the court shall issue a restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the plaintiff has no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other remedy which the council has."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
GEORGIA LAWS 1985 SESSION
801
GEORGIA AGRICULTURAL EXPOSITION AUTHORITY ACT.
Code Sections 12-3-470 through 12-3-484 Enacted. No. 567 (House Bill No. 271). AN ACT
To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority; to provide for a short title; to provide for definitions; to provide for the creation, composition, membership confirmation, terms, vacancies, officers, and expenses of the authority; to provide for perpetual existence; to provide for the powers and duties of the authority and the members thereof; to provide for the assignment of the authority to the Department of Natural Resources for administrative purposes only; to provide for the purposes of the authority; to provide for contracts; to provide for acquisition, management, control, and disposition of property; to provide for officers, agents, and employees; to provide for loans and grants; to provide for bylaws, rules, and regulations; to provide for fixing, altering, charging, and collecting of fares, rents, rates, and other charges and fees; to provide for contracts with the Georgia State Financing and Investment Commission and other authorities, departments, and agencies of the State of Georgia; to provide for advisory committees and panels; to provide for site selection; to provide for the sale of alcoholic beverages; to provide for tax exemptions; to provide for the exercise of police powers and the delegation thereof; to provide for a security force and the powers and duties thereof; to provide for trust funds; to provide for use of earnings; to provide for the duties of the Attorney General; to provide for actions and venue and for jurisdiction of such actions; to provide for accounts and audits; to prohibit conflicts of interest; to provide for voiding of certain contracts and transactions; to provide for the issuance of revenue bonds and the practices, procedures, and requirements connected therewith; to provide for the proceeds of such bonds; to provide for trust indentures; to provide for the rights and remedies of bondholders and trustees; to provide for expenses; to provide for sinking funds; to provide for refunding
802
GENERAL ACTS AND RESOLUTIONS, VOL. I
bonds; to provide for the validation and confirmation of bonds; to provide for review and approval of the issuance of bonds of the authority by the Georgia State Financing and Investment Commission; to provide for the status of bonds as legal investments for fiduciaries and as securities for deposit; to provide for the powers and duties of the Department of Natural Resources; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding at the end thereof a new Part 8 to read as follows:
"PART 8
12-3-470. This part may be cited as the 'Georgia Agricultural Exposition Authority Act.'
12-3-471. As used in this part, the term:
(1) 'Authority' means the Georgia Agricultural Exposition Authority.
(2) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia.
GEORGIA LAWS 1985 SESSION
803
(3) 'Project' means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.
12-3-472. (a) There is created a body corporate and politic to be known as the Georgia Agricultural Exposition Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state.
(b) The authority shall consist of nine members. Initially, members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. All members shall be appointed by the Governor, confirmed by the Senate, and shall serve until the appointment and qualification of a successor. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. Such members also shall represent the state's agriculture and business interests. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority.
(c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority.
(d) The members of the authority shall receive no compensation for their services but shall be entitled to and shall
804
GENERAL ACTS AND RESOLUTIONS, VOL. I
be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7.
(e) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part.
(f) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.
(g) The authority is assigned to the Department of Natural Resources for administrative purposes only.
12-3-473. The corporate purpose and the general nature of the business of the authority shall be:
(1) The provision of a facility for the agricultural community to present, exhibit, and promote its products and livestock to agribusiness persons and the public in an effort to boost the state's economy;
(2) The exhibition and promotion of agricultural accomplishments by the youth of this state;
(3) The provision of facilities and programs for public events, exhibits, and other activities, such as, but not limited to, fairs, nonagricultural exhibits, concerts, rodeos, flea markets, and auctions, which will make the authority as financially self-supporting as possible, benefit the state's economy, and attract the traveling public; and
(4) The promotion and staging of a state-wide fair at least once a year to accomplish one or more of the above purposes.
GEORGIA LAWS 1985 SESSION
805
12-3-474. The authority is authorized:
(1) To have a seal and alter it at pleasure;
(2) To acquire, hold, and dispose of personal property for its corporate purposes;
(3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;
(4) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired;
(5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal corporation, authority, or local government or governing body;
806
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(7) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(8) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
(9) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority;
(10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
(11) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal corporation, or local government or governing body;
(12) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority;
(13) To do all things necessary or convenient to carry out the powers and purposes of the authority;
GEORGIA LAWS 1985 SESSION
807
(14) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority;
(15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority;
(16) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project;
(17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received;
(18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise;
(19) To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks;
(20) To select a site for the building of a state agricultural exposition and state fair center; and
808
GENERAL ACTS AND RESOLUTIONS, VOL. I
(21) 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.
12-3-475. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.
12-3-476. The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and the state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located.
12-3-477. The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof. The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equiva-
GEORGIA LAWS 1985 SESSION
809
lent to the authority of a policeman or law enforcement officer of the county in which he is discharging his duties.
12-3-478. All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.
12-3-479. The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the project.
12-3-480. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
12-3-481. Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Fulton County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States.
12-3-482. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business
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GENERAL ACTS AND RESOLUTIONS, VOL. I
with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
(b) The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 1610-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(c) Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Sections 16-10-21, 1610-22, 16-10-92, or 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
12-3-483. (a) The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (b) of this Code section for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
(b) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and
GEORGIA LAWS 1985 SESSION
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shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
(c) In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman or vice chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairman or vice chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
(d) All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state.
(e) The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority.
(f) The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman or vice chairman of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
(h) The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.
(i) Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members.
(j) Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state. Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by such department, board, commission, or agency with the authority.
GEORGIA LAWS 1985 SESSION
813
(k) (1) In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority.
(2) Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.
(3) The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
(4) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture.
(l) The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.
(m) Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide.
(n) Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest; and
(4) Any premium upon bonds retired by call or purchase.
(o) The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the
GEORGIA LAWS 1985 SESSION
815
resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
(p) Subject to the provisions of the resolution authorizing the issuance of the bonds, or subject to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
(q) Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(r) The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
(s) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds.
(t) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Georgia Agricultural Exposition Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority.
(u) No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed
GEORGIA LAWS 1985 SESSION
817
and approved by the Georgia State Financing and Investment Commission.
(v) The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
12-3-484. The Department of Natural Resources is authorized to construct, erect, acquire, and own the project, as defined in this part. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project."
Section 2. This Act shall become effective for the purpose of appointment of members of the authority immediately upon approval of this Act by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective on July 1, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
GEORGIA RESIDENTIAL FINANCE AUTHORITY -- DEFINITIONS; RESIDENTIAL AND FAMILY FARM MORTGAGES; SECONDARY MORTGAGE MARKET
PROGRAM.
Code Sections 8-3-172 and 8-3-190.1 Amended.
No. 568 (House Bill No. 372).
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 mortgages, so as to redefine certain terms; 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 mortgages, is amended by striking paragraph (11) of Code Section 8-3-172, relating to definitions involving the Georgia Residential Finance Authority, in its entirety and substituting in lieu thereof a new paragraph (11) to read as follows:
"(11) 'Lending institution' means any bank or trust company, savings and loan association, savings bank, credit union, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages insured by an agency of the United States government. Such lending institution shall have a place of business in Georgia and shall be authorized to do business in Georgia."
GEORGIA LAWS 1985 SESSION
819
Section 2. Said article is further amended by striking paragraph (4) of Code Section 8-3-190.1, relating to definitions involving the secondary mortgage market program, in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Georgia financial institution,' 'mortgage lender,' or 'lending institution' means any bank or trust company, savings and loan association, savings bank, credit union, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages. Such mortgage lender shall have a place of business in this state and shall be authorized to do business in this state."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
GIFTS TO MINORS -- "FINANCIAL INSTITUTION" DEFINED.
Code Sections 44-5-111, 44-5-113, and 44-5-115 Amended.
No. 569 (House Bill No. 373).
AN ACT
To amend Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, known as "The Georgia Gift to Minors Act," so as to define the term "financial institution"; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, known as "The Georgia Gift to Minors Act," is amended by striking subsection (a) of Code Section 44-5-111, relating to definitions involving gifts to minors, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this article, the term:
(1) 'Adult' means a person who has attained the age of 21 years.
(2) 'Bearer form,' as applied to a security, means a security which runs to bearer according to its terms and not by reason of any endorsement.
(3) 'Broker' means a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a financial institution which effects such transactions and also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business.
(4) 'Custodial property' means:
(A) All securities, life insurance policies, annuity contracts, and money under the supervision of the same custodian for the minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this article;
(B) The income from the custodial property; and
(C) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender, or other disposition of securities, money, life insurance policies, annuity contracts, and income.
(5) 'Financial institution' means any bank, trust company, savings bank, savings and loan association, or credit union.
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(6) 'Legal representative' means, as may be appropriate in the circumstances, the executor, administrator, general guardian, or committee, conservator, of the property of the person to whose legal representative reference is made.
(7) 'Life insurance policy' or 'annuity contract' means a life insurance policy or annuity contract issued on the life of a minor or on the life of a member of the minor's family by an insurance company authorized to do business in this state, which minor receives the policy or contract as a gift in the manner prescribed in this article.
(8) 'Member of the minor's family' means the minor's parents, grandparents, brothers, sisters, uncles, and aunts, whether of the whole blood or the half blood or by or through legal adoption.
(9) 'Minor' means any person who has not attained the age of 21 years on the date of the gift.
(10) 'Registered form,' as applied to a security, means the status of a security when its terms specify a person entitled to the security or to the rights it evidences and specify that its transfer may be registered upon books maintained for that purpose by or on behalf of an issuer.
(11) 'Security' means any note, stock, bond, debenture, evidence of indebtedness, collateral trust certificate, transferable share, voting trust certificate, certificate of deposit for a security; or, in general, any interest or instrument commonly known as a security; or any certificate of interest or participation in, temporary or interim certificate for, or warrant or right to subscribe to or purchase any of the foregoing. The term shall include any share, share account, or savings account in a federal savings and loan association or in a state chartered building and loan association.
(12) 'Trust company' means a financial institution, corporation, or other legal entity authorized by law to exercise trust powers in this state."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said article is further amended by striking paragraph (3) of Code Section 44-5-113, relating to the right of adults to make gifts of securities and annuity contracts and the type of registration, forms, and delivery, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) If the subject of the gift is money, a gift may be completed by paying or delivering it to a broker or a financial institution for credit to an account in the name of the donor or any adult member of the minor's family or of any guardian of the minor, followed by the words 'as custodian for
, a minor, under the laws of (name of minor) Georgia'; and such money and the assets into which it may be invested, when placed in the name of a custodian for a minor, shall be in all respects subject to this article to the same degree as is any other custodial property and income thereof; and".
Section 3. Said article is further amended by striking subsection (d) of Code Section 44-5-115, relating to powers and duties of custodians to hold, manage, sell, and invest property, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) The custodian may execute and deliver any and all instruments in writing which he may deem advisable to carry out any of the powers granted in subsections (a) through (c) of this Code section. No issuer of securities, transfer agent, registrar, financial institution, or other person acting on the instructions of any person purporting to be a custodian or donor:
(1) Shall be responsible for determining whether the person has been duly designated as a custodian under this Code section or whether any purchase, sale, or transfer to or by the person as custodian is in accordance with or authorized by this Code section;
(2) Shall be obliged to inquire into the validity under this Code section of any instrument or instructions executed or given by a person purporting to act as the custodian or donor; or
GEORGIA LAWS 1985 SESSION
823
(3) Shall be bound to see to the application by any person purporting to act as the custodian of any money or other property paid or delivered to him."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
CREDIT UNIONS -- SEPARATE CLASSES OF SHARES FOR BORROWERS AND DEPOSITORS; PAR VALUE OF SHARES;
MINORS' DEPOSITS.
Code Sections 7-1-651 and 7-1-652 Amended.
No. 570 (House Bill No. 374).
AN ACT
To amend Part 2 of Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the operation and regulation of credit unions, so as to authorize any credit union in its bylaws to provide for separate classes of shares for borrowers and depositors and to increase the par value of each share for each class; to provide for a minimum par value; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the operation and regulation of credit unions, is amended by striking subsection (a) of Code Section 7-1-651, relating to membership and shares in credit unions, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The membership of the credit union shall consist of the initial subscribers and such other persons within the
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GENERAL ACTS AND RESOLUTIONS, VOL. I
field of membership as may have subscribed to one share and have paid for same together with the required entrance fee and complied with all other requirements contained in the bylaws. No subscriber or other member shall hold more than one share out of any class of shares. The bylaws may provide for separate classes of shares for borrowers and depositors and for the par value of each share for each class but in no event shall the par value be less than $5.00."
Section 2. Said part is further amended by striking subsection (b) of Code Section 7-1-652, relating to joint, minor, and trust shares and deposits, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) A minor shall be allowed to have deposits in a credit union in his own name, and the deposits made by the minor shall not be subject to the control of his parent, guardian, or trustee. A minor may have thirdparty payment accounts. A receipt or acquittance signed by such a minor depositor shall be a valid and sufficient release and discharge of such credit union for any payment of any deposit to such minor. In the transactions involving payments to third parties out of the minor's account, the payment of an order of the minor shall be a valid and sufficient release and discharge of the credit union for any payment of such funds from the minor's account. This subsection shall continue to include, without limitation:
(A) Deposits in such credit unions by a minor with one or more adults or other minors, as party to and with the same effect as a multiple-party account under Article 8 of this chapter;
(B) The rental to a minor by said credit unions of a safe-deposit box or other receptacle for the safe deposit of property from such minor (and the receipt of any such property), individually or jointly with one or more adults; and
(C) The dealing with a minor by said credit unions with respect to such a deposit account, thirdparty payment account, or safe-deposit agreement
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without the consent of a parent or guardian and with the same effect as though the minor were an adult.
(2) Any action of the minor with respect to such deposit account, third-party payment account, or safedeposit agreement shall be binding on the minor with the same effect as though the minor were an adult."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
UNIFORM COMMERCIAL CODE -- "BANK" REDEFINED; AGENTS.
Code Sections 11-1-201 and 11-4-106 Amended.
No. 571 (House Bill No. 375).
AN ACT
To amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to redefine the term "bank"; to provide that a branch or separate office of a bank, including the location of any agent of a bank receiving items for data processing purposes is a separate bank for certain purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," is amended by striking paragraph (4) of Code Section 11-1-201, relating to general definitions in the Uniform Commercial Code, in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"(4) 'Bank' means any person engaged in the business of banking and solely for the purposes of Articles 3 and 4 of this title includes any savings bank, mutual savings bank, building and loan association, savings and loan association and credit union, the shares or deposits of which are federally insured or insured by an approved state deposit insurance corporation. Wherever the word 'branch' is used in this title, with reference to a bank, it shall mean not only 'branch bank,' but also 'bank office' and 'bank facility' as those terms are defined in Code Section 7-1-600."
Section 2. Said title is further amended by striking Code Section 11-4-106, relating to separate offices of a . bank, in its entirety and substituting in lieu thereof a new Code Section 11-4-106 to read as follows:
"11-4-106. A branch or separate office of a bank, including the location of any agent of a bank receiving items for data processing purposes, is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders shall be given under this article."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
GEORGIA LAWS 1985 SESSION
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HEALTH PLANNING AND DEVELOPMENT -- HOSPITALS; SEMIANNUAL REPORTS.
Code Section 31-6-70 Enacted.
No. 572 (House Bill No. 483).
AN ACT
To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to health planning and development, so as to require each hospital in the state to submit reports of certain health care information to the Health Planning Agency; to empower the agency to implement rules and regulations regarding such reports; to provide sanctions for failure to submit properly such reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to health planning and development, is amended by adding at the end thereof a new article, to be designated Article 4, to read as follows:
"ARTICLE 4
31-6-70. (a) There shall be required from each hospital in this state a semiannual report of certain health care information to be submitted to the planning agency. The report shall be due on the last day of January and July and shall cover the six-month period preceding each such month.
(b) The report required under subsection (a) of this Code section shall contain the following information:
(1) Total gross revenues;
(2) Bad debts;
(3) Amounts of free care extended, excluding bad debts;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Contractual adjustments;
(5) Amounts of care provided under a Hill-Burton commitment;
(6) Amounts of charity care provided to indigent persons;
(7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and
(8) For cases involving indigent persons:
(A) The number of persons treated;
(B) The number of inpatients and outpatients;
(C) Total patient days;
(D) The number of patients categorized by county of residence; and
(E) The indigent care costs incurred by the hospital by county of residence.
(c) As used in subsection Ob) of this Code section, 'indigent persons' means persons having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline.
(d) The planning agency shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section.
(e) In the event that the planning agency does not receive a semiannual report from a hospital within 30 days following the date such report was due or receives a timely but incomplete report, the planning agency shall notify the hospital regarding the deficiencies.
(f) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the appli-
GEORGIA LAWS 1985 SESSION
829
cant has not submitted the semiannual reports required by 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 April 3, 1985.
HEALTH -- HEALTH PLANNING AGENCY; RULES AND REGULATIONS; HOSPITAL CARE FOR INDIGENT PREGNANT WOMEN.
Code Title 31, Chapters 6 and 8 Amended.
No. 573 (House Bill No. 484).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to amend Chapter 6 thereof so as to change the manner of adopting, promulgating, and implementing rules and regulations of the Health Planning Agency and to change certain legislative procedures relating thereto; to amend Chapter 8 of said Title 31 so as to change legislative purposes; to provide for definitions; to clarify state residency requirements for pregnant women seeking necessary emergency services and to provide for obligations of hospitals with regard to such services; to provide for standards of indigency; to provide for health-care advisory officers and their powers and duties; to provide for hospital determinations and notifications concerning payment by certain programs and insurance of costs of care of pregnant women; to provide for determinations of indigency; to require counties to pay certain costs of care for their residents
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and provide for interest on unpaid bills; to provide for forms; to provide for obligations of pregnant women who receive services under this article; to provide liability for certain costs of care; to provide for notices and for failure to sign them; to provide for liability of fathers and certain other persons for costs of care; to provide for civil actions to recover certain costs of care and to challenge certain determinations; to provide for malpractice and civil liability; to provide for Department of Human Resources investigations, compliance orders, civil and other penalties, and license suspension or revocation; to provide for duties of the commissioner of that department; to provide for rules and regulations; to provide for other rights and remedies; to provide for effective dates; 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 health, is amended by striking paragraph (4) of subsection (b) of Code Section 31-6-21, regarding the functions of the health planning agency, and inserting in its place the following:
"(4) With the prior advice, comment, and recommendations of the policy council, except with respect to emergency rules and regulations, to adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need program;"
Section 2. Said title is further amended by adding following Code Section 31-6-21 a new Code section to read as follows:
"31-6-21.1. (a) Rules of the planning agency shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the agency shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4.
(b) The planning agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies
GEORGIA LAWS 1985 SESSION
831
shall be transmitted at least 30 days prior to that agency's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Human Resources Committee of the Senate and each member of the Health and Ecology Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the planning agency at the end of such 30 day period. The planning agency may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors;
(2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4;
(3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 5013-4; or
(4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection.
Nothing in this subsection shall prohibit the planning agency from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees.
(c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period
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under subsection (b) of this Code section shall not be adopted by the planning agency and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the planning agency unless the agency, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the agency does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the planning agency. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the planning agency.
(d) Any rule or part thereof which is objected to by only one committee under subsection (b) of this Code section and which is adopted by the planning agency may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within
GEORGIA LAWS 1985 SESSION
833
the first 30 days of the next regular session of the General Assembly. It shall be the duty of the planning agency in adopting a proposed rule over such objection so to notify the chairmen of the Human Resources Committee of the Senate and the Health and Ecology Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval.
(e) Except for emergency rules, no rule or part thereof adopted by the planning agency after this Code section becomes effective shall be valid unless adopted in compliance with subsections (b), (c), and (d) of this Code section and subsection (a) of Code Section 50-13-4.
(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration of any planning agency emergency rules, where those emergency rules are intended to cover matters which had been dealt with by the agency's nonemergency rules but such nonemergency rules have been objected to by both legislative committees under this Code section, the emergency rules concerning those matters may not again be adopted except for one 120 day period. No emergency rule or part thereof which is adopted by the planning agency shall be valid unless adopted in compliance with this subsection.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule.
(h) For purposes of this Code section, 'rules' shall mean rules and regulations."
Section 3. Said title is further amended by striking Article 2A of Chapter 8 thereof, relating to hospital care for indigent pregnant women, and inserting in its place a new article to read as follows:
"ARTICLE 2A
31-8-40. The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, 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:
(1) No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child;
(2) Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available; and
(3) Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to establish a general health insurance program for all pregnant indigent women.
GEORGIA LAWS 1985 SESSION
835
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 lesser of the actual charges or 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 the father of the child, 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. The Medicaid reimbursement rate for services under this article shall not be adjusted for outlier payment. Payments actually received by a hospital or physician, when made by the patient, the patient's spouse, family member, father of the patient's child, or by insurance, the medical assistance program for the needy, any similar federal, state, or local program, or any other third-party payor other than a county, shall constitute payment to the hospital or physician, respectively, of the payment amount so received and exclude that amount from the definition of'cost of care.' When a hospital renders care to a woman who is not a resident of the county in which that hospital is located and that care is required to be provided under this article but there is within the county of residence of that woman a hospital which usually and customarily provides that care, 'cost of care' means the lesser of the actual charges for the care actually rendered or the Medicaid reimbursement rate currently in effect for such care, which Medicaid reimbursement rate shall be that Medicaid rate for such care in the hospital of the woman's county of residence, unless there is more than one such hospital, in which event the rate shall be the average Medicaid rate for such care in all hospitals of the woman's county of residence.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) 'Hospital' means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title.
(3) 'Indigency' means the inability of a patient or other person to pay the entire cost of care determined in accordance with subsection (a) of Code Section 31-843.
(4) 'Patient' means a pregnant woman who receives services under this article.
(5) 'Resident of the county' means a person who is domiciled in the county as determined pursuant to Chapter 2 of Title 19.
31-8-42. Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and 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 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;
(2) Contact an appropriate receiving hospital and notify such hospital that the patient is in transit;
GEORGIA LAWS 1985 SESSION
837
(3) Arrange suitable transportation for the patient if necessary; and
(4) Send to the receiving hospital any available information on the patient's 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, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists upon the effective date of this subsection. These standards shall further provide for legal liability, based upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patients' cost of care if those patients or other persons do not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those standards based upon between 100 and 125 percent of the federal poverty level, as such level exists on the effective date of this subsection.
(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 commissioner or the commissioner's designee 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 commissioner or the commissioner's designee within 15 days after its adoption. If a county
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GENERAL ACTS AND RESOLUTIONS, VOL. I
fails or refuses either to designate a health-care advisory officer or to provide to the commissioner or the commissioner's designee the required notification of the county's designation of such officer, the county governing authority shall be deemed to be such officer for purposes of this article.
(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 indigency, the chief administrative officer of the hospital shall determine whether any portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program and provide written notification of such determination to the health-care advisory officer of the county of residence of the patient. Such notification shall include a certification by the chief administrative officer of the hospital that an appropriate investigation has been made and that it has been determined that no portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program or a certification that an appropriate investigation has been made and that a portion of the cost of services may be paid from such sources. If it is determined that a portion of the cost of services may be paid from such sources, then the notification shall include a certification of the amount which may be so paid. Such notification shall also request a determination of indigency of the patient. As soon as practicable after receiving such notification but not later than 60 days thereafter, the health-care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the healthcare advisory officer determines that the patient meets the indigency standards or if the health-care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing 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 each hospital rendering the emergency services. In such event, each
GEORGIA LAWS 1985 SESSION
839
hospital and physician providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care. It shall be the duty of the governing authority of such county to pay the hospital and physician that billed amount plus, if that billed amount is not paid by the county within 120 days after the mailing of a request for a determination of indigency, interest on the billed amount at the rate specified in Code Section 48-2-40 for unpaid taxes.
(d) To the end that the certifications of indigency required by subsection (c) of this Code section may be expedited, it shall be the duty of each county health-care advisory officer to establish and maintain files showing the names of county residents whom that officer has 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.
(f) To the extent practicable and consistent with appropriate health care, the commissioner and the health-care advisory officer shall encourage the use of hospitals located in the county of residence of the pregnant woman.
31-8-43.1. (a) A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to:
(1) Be liable to any county which pays all or any part of that patient's cost of care for the entire amount so paid by that county, except that a patient who meets the indigency standards based upon 100 to 125 percent of the federal poverty level shall be liable for an amount which is the greater of $100.00 or the reasonable percentage of costs for which the patient is liable under subsection (a) of Code Section 31-8-43 and a patient who meets the indigency standards based upon less than 100 percent of the federal poverty level shall be liable for $100.00 of those costs, but liability under this subsection shall never exceed the county's payments for cost of care;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Have made an assignment to that county paying any part of that patient's cost of care for any benefits for such care for which the patient is eligible from a third party up to the amount actually paid and cooperate with the county in obtaining any such benefits to repay the county;
(3) Cooperate with any county paying any part of that patient's cost of care in identifying the father of a child delivered to the patient by a hospital acting in compliance with this article and in seeking to obtain from such father repayment of that portion of the county's payment which, under the indigency standards, that father is able to repay; and
(4) Cooperate with any county paying any part of that patient's cost of care in applying and qualifying for the medical assistance program for the needy under Title XIX of the Social Security Act or any other federal, state, or local governmental program for which the patient may be eligible.
(b) The failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall render the patient and any person liable for other expenses of the patient, including but not limited to the parents of a minor patient and the spouse of a patient, liable to the county for all payments which that county makes for the patient's cost of care. Failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall not be a valid ground to deny the patient services otherwise required to be provided under this article unless the patient at the time of admission refuses to sign a document, in such form as the commissioner shall prescribe and provide, acknowledging notification that the patient's receiving services shall constitute an agreement to the terms of paragraphs (1) through (4) of subsection (a) of this Code section unless waived by the county healthcare advisory officer.
(c) Except as provided in subsection (b) of this Code section, the father of a patient's child who is delivered by a hospital as required by this article and any other person
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legally responsible for other expenses of the patient shall be liable to the county which pays the patient's cost of care to the same extent the patient is liable therefor under paragraph (1) of subsection (a) of this Code section. This obligation to make repayment shall be in addition to any other obligation imposed by law.
(d) The county may bring a civil action to recover, from any person liable therefor under this Code section, those payments which the county has made for a patient's cost of care to the extent of the liability imposed by this Code section but in no event may recover more than the county paid for such costs of care.
(e) A county or any person aggrieved by any determination under this article that such county or person is liable for a patient's cost of care may bring a de novo civil action in superior court challenging that determination.
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 for treatment rendered under this article 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 in connection with treatment rendered under this article without a specific allegation of gross negligence or willful failure to comply.
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 prohibited 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
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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.
(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 4. Except for Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 of this Act shall become effective on May 1,1985, and shall apply to healthcare services delivered on or after that date.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
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843
CORONERS -- QUALIFICATIONS; BONDS; FEES; DUTIES AT SCENE OF DEATH; DENTAL EXAMINATIONS; DEAD
BODIES.
Code Title 45, Chapter 16 Amended.
No. 574 (Senate Bill No. 252).
AN ACT
To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the qualifications of a coroner; to change the provisions relating to the bond required of a coroner; to change the provisions relating to fees of coroners; to change the designations of certain Code sections; to change the provisions relating to the duties of the coroner, medical examiner, and peace officer at the scene of a death; to provide procedures for positive identification of dead bodies through dental examinations, under certain circumstances; to provide for the filing of such dental examinations; to change the provisions relating to persons who may act in absence of coroner and perform the duties of a coroner; to change the provisions relating to the removal of a dead body; to change the provisions relating to the removal of a dead body across a state line; to change the provisions relating to the authorization of removal of a dead body for convenience of examination; to change the provisions relating to the report of examination and investigation; to repeal a specific bill; 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 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety Code Section 45-16-1, relating to the election, commission, and removal of coroners, and inserting in lieu thereof a new Code Section 45-16-1 to read as follows:
"45-16-1. (a) Coroners are elected, commissioned, and removed as clerks of the superior courts are; and coroners shall hold their offices for four years.
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(b) (1) No person shall be eligible to offer for election to or hold the office of coroner unless he:
(A) Is a citizen of the United States;
(B) Is a resident of the county in which he seeks the office of coroner for at least two years prior to his qualifying for the election to the office;
(C) Is a registered voter;
(D) Has attained the age of 25 years prior to the date of qualifying for election to the office. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980;
(E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; and
(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.
(2) Each person offering his candidacy for the office of coroner shall file an affidavit with the judge of the probate court or county board of elections prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifications required pursuant to paragraph (1) of this subsection."
Section 2. Said chapter is further amended by striking in its entirety Code Section 45-16-4, relating to the bond required of a coroner, and inserting in lieu thereof a new Code Section 45-16-4 to read as follows:
"45-16-4. A coroner shall give bond and surety in the sum of $12,500.00 at the same time as he takes the oath provided for in Code Section 45-16-3. He is liable for retaining moneys collected or for otherwise failing to do his duty as sheriffs are and is subject to the same proceedings."
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Section 3. Said chapter is further amended by striking in their entirety Code Sections 45-16-6 through 45-16-9, which read as follows:
"45-16-6. (a) Coroners' fees shall be as follows:
(1) For summoning an inquest on a
dead body and returning an
inquisition
;
$50.00
(2) For furnishing coffin and burial expenses
15.00
(b) When performing the duties of a sheriff, the coroner's fees are the same as a sheriff's. No coroner shall receive out of the county treasury more than $1,500.00 per annum either as fees for holding inquests or for burying dead bodies.
(c) This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section.
45-16-7. As soon as practicable after July 1, 1980, and at the beginning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code section. A deputy coroner shall be appointed for each county, and one or more additional deputy coroners may be appointed for any county, in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy coroner shall act as coroner only when the coroner is himself unable to act.
45-16-8. (a) No person shall be eligible to hold the office of coroner or deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any coroner who is in office on July 1,1980, however, shall without limitation be eligible to serve as coroner or deputy coroner at
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GENERAL ACTS AND RESOLUTIONS, VOL. I
any time after said date without regard to whether he or she meets the requirements of this subsection.
(b) During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 16 hours provided by the Georgia Police Academy. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court.
45-16-9. If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands ofthe coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner.",
and inserting in lieu thereof new Code Sections 45-16-6 through 45-16-9 to read as follows:
"45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 16 hours provided by the Georgia Police Academy. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court.
45-16-7. (a) As soon as practicable after July 1, 1980, and at the beginning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code section. A deputy
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847
coroner shall be appointed for each county, and one or more additional deputy coroners may be appointed for any county, in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy coroner shall act as coroner only when the coroner is himself unable to act.
(b) No person shall be eligible to hold the office of deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any deputy coroner who is in office on July 1,1980, however, shall without limitation be eligible to serve as deputy coroner at any time after said date without regard to whether he or she meets the requirements of this subsection.
45-16-8. If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner.
45-16-9. (a) When performing the duties of a sheriff, the coroner's fees are the same as a sheriff's.
(b) This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 45-16-22, relating
848
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the authority and power of the Division of Forensic Sciences of the Georgia Bureau of Investigation generally, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) For each post-mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $75.00; and, in cases where dissection of the body is required, he shall receive a fee of $250.00 for a partial post-mortem examination and autopsy and a fee of $350.00 for a complete post-mortem examination and autopsy. The fee in each case is to be paid from funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner."
Section 5. Said chapter is further amended by striking Code Section 45-16-25 in its entirety and inserting in lieu thereof a new Code Section 45-16-25 to read as follows:
"45-16-25. (a) Upon receipt of the notice required by Code Section 45-16-24, the coroner shall immediately take charge of the dead body and it shall be his duty to summon a medical examiner and proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. They shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present at the scene of death, the coroner shall assume the responsibility of such officers at the scene of death. The medical examiner shall perform a post-mortem examination or autopsy, reducing his findings to writing and filing them with the director of the division upon report forms to be furnished by said director. The medical examiner, at any time when he deems it necessary, may have the body embalmed for
GEORGIA LAWS 1985 SESSION
849
preservation prior to release of the body to the next of kin. Such expense of embalming shall be paid in the manner provided in Code Section 45-16-44 for payment of burial expenses.
(b) When positive identification of dead bodies has not been established conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical characteristics, such as prosthetic appliances, or by comparison of skeletal X-rays, including previous fractures, or by amputations, the medical examiner must either chart or X-ray the decedent's dentition or call upon a licensed dentist of his choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by removal of the jaws with teeth to the dentist's office. The dentist shall chart the deceased dentition and make two copies, one of which shall be filed with the autopsy report to the division and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at his discretion, make such X-rays of the mouth as he deems necessary. The dentist is entitled to a fee of $50.00 for charting the dentition at the morgue or scene, $25.00 for charting the dentition at his office, and $25.00 for X-rays. These fees shall be paid by the county of coroner's or medical examiner's jurisdiction.
(c) The coroner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his report, and surrender the same to the person entitled to its custody or possession. The coroner, medical examiner, or peace officer shall take possession of any objects or articles which, in his opinion, may be helpful in establishing the cause of death; and in cooperation with the division he may make such tests and examinations of said objects as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them shall be retained in the custody of
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GENERAL ACTS AND RESOLUTIONS, VOL. I
the director of the division until their production as evidence is required by the prosecuting officer or upon written order of the peace officer in charge or court having proper jurisdiction."
Section 6. Said chapter is further amended by striking Code Section 45-16-26 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 or deputy coroner in a county or when both are absent from the county when needed or will not or cannot perform the duties required under this article, the medical examiner shall assume the duties and responsibilities of the coroner. When the medical examiner is performing the duties of the coroner in such cases, such medical examiner may sign the death certificate except when an inquest is held."
Section 7. Said chapter is further amended by striking in its entirety Code Section 45-16-29, relating to the removal of a dead body generally, and inserting in lieu thereof a new Code Section 45-16-29 to read as follows:
"45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the coroner present at such investigation; or, if no coroner is present, the peace officer shall authorize such removal."
Section 8. Said chapter is further amended by striking in its entirety Code Section 45-16-30, relating to the transport of a dead body across a state line, and inserting in lieu thereof a new Code Section 45-16-30 to read as follows:
"45-16-30. No person shall move or transport a body across a Georgia state line until the investigation of the case and the post-mortem examination or autopsy by the medical examiner are complete and until the removal of the body is authorized by the coroner. Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail, or both."
GEORGIA LAWS 1985 SESSION
851
Section 9. Said chapter is further amended by striking in its entirety Code Section 45-16-31, relating to the authorization of removal of a dead body for convenience of examination, and inserting in lieu thereof a new Code Section 45-16-31 to read as follows:
"45-16-31. When the deceased body lies in a place inconvenient for holding a post-mortem examination or autopsy, the medical examiner or coroner shall be allowed to remove the body to the autopsy room of the nearest public hospital or morgue. If neither the coroner nor the medical examiner is immediately available, the peace officer may assume the authority to have the body moved to such facility. When such facility is not reasonably available, the body may be removed to such other suitable place as may be designated by the coroner or the medical examiner or by the peace officer in charge in the absence of the coroner or medical examiner. If the peace officer in charge is present, no such body shall be removed until photographs of the body and surrounding premises have been made and a thorough investigation of the premises has been made by the proper investigating authorities."
Section 10. Said chapter is further amended by striking in its entirety Code Section 45-16-32, relating to report of examination and investigation, 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. The coroner may file all original reports with the clerk of the superior court of the county. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge
852
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall transmit with their reports any specimens, samples, or other evidence to the division 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."
Section 11. This Act shall specifically repeal in its entirety HB 255 which passed the 1985 session of the General Assembly.
Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 13. All laws and parts of laws in conflict with this Act are repealed.
Approved April 3, 1985.
GEORGIA LAWS 1985 SESSION
853
HAZARDOUS MATERIALS EMERGENCY RESPONSE ADVISORY COUNCIL CREATED.
No. 51 (House Resolution No. 27).
A RESOLUTION
Creating the Hazardous Materials Emergency Response Advisory Council; and for other purposes.
WHEREAS, the development, manufacture, and sale of products to enhance our quality of life has increased dramatically over the past several decades; and
WHEREAS, hazardous materials and chemicals are used in the production of most of these products; and
WHEREAS, it has been estimated that over 45,000 different chemicals are in use today and that approximately 3,000 new chemicals come into existence each year; and
WHEREAS, hazardous materials, chemicals, and wastes are either transported through a community or are in use at fixed facilities within the community, there is concern at all levels of government and by the public that there be adequate protective measures to ensure public health and safety when a hazardous material, chemical, or waste is spilled; and
WHEREAS, recognizing the concern for hazardous material, chemical, and waste spills in Georgia communities, a number of special hazardous material response teams have been formed which are capable of taking necessary actions to help contain the threat and better protect public health and safety.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Hazardous Materials Emergency Response Advisory Council which shall be composed of 18 members as follows:
(1) One member representing fire protection and safety services to be appointed by the Governor;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) One member representing police services to be appointed by the Governor;
(3) One member representing emergency medical services to be appointed by the Governor;
(4) One member representing emergency management services to be appointed by the Governor;
(5) One member representing environmental protection services to be appointed by the Governor;
(6) One member representing the railroad and trucking industry to be appointed by the Governor;
(7) One member representing the chemical industry to be appointed by the Governor;
(8) One member representing the transportation industry to be appointed by the Governor;
(9) Two members from the House of Representatives to be appointed by the Speaker of the House;
(10) Two members from the Senate to be appointed by the Lieutenant Governor;
(11) One member of the Georgia Ports Authority to be appointed by the Governor;
(12) Four at-large members to be appointed by the Governor. Such at-large members may be representatives of industry; and
(13) One member representing the Environmental Health Section of the Division of Public Health of the Department of Human Resources to be appointed by the Governor.
The council shall select a chair and a vice-chair by vote of the members at the first meeting. The council may elect such other
GEORGIA LAWS 1985 SESSION
855
officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary.
BE IT FURTHER RESOLVED that the council shall undertake a study of all aspects of the response, training, and enforcement activities related to hazardous material, chemical, or waste transportation and storage or spills. The council may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and accomplish the objectives and purposes of this resolution. The members of the council shall serve without compensation.
BE IT FURTHER RESOLVED that the council is urged to work with the Georgia Municipal Association, the Association of County Commissioners, local municipal and county officials, and the Environmental Protection Division of the Department of Natural Resources to develop appropriate community response plans for hazardous materials or chemical spills. The council is also urged to collaborate and consult with the United States Coast Guard, the United States Department of Transportation, and the United States Environmental Protection Agency in conducting its study and performing its duties.
BE IT FURTHER RESOLVED that the council shall make a report of its findings, conclusions, and recommendations on or before December 31, 1986, on which date the council shall stand abolished.
Approved April 4, 1985.
856
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA TIME-SHARE ACT -- OFFERING STATEMENTS; SALES AGREEMENTS; APPLICATIONS FOR
REGISTRATION; UNFAIR TRADE PRACTICES.
Code Title 44, Chapter 3, Article 5 Amended.
No. 575 (House Bill No. 69).
AN ACT
To amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Time-Share Act," so as to change the content of public offering statements; to change the provisions relative to the cancellation of sales agreements; to require certain statements in sales agreements; to provide for information to be contained in an application for registration of a time-share program; to provide for forms for application for registration to be approved by the commission; to change the provisions relating to unfair trade practices and penalties for violations; 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 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Time-Share Act," is amended by striking subparagraph (a)(l)(P) of Code Section 44-3-172, relating to the contents of a public offering statement, in its entirety and inserting in lieu thereof a new subparagraph (P) to read as follows:
"(P) A conspicuous statement as follows:
'YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES AGREEMENT WHICH YOU HAVE SIGNED FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER
GEORGIA LAWS 1985 SESSION
857
SIGNING ANY SALES AGREEMENT AND RECEIVE A REFUND. IF THIS PUBLIC OFFERING STATEMENT WAS NOT GIVEN TO YOU BEFORE YOU SIGNED ANY SALES AGREEMENT, YOU MAY CANCEL THE SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER YOUR RECEIPT OF THIS PUBLIC OFFERING STATEMENT AND RECEIVE A REFUND. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL A SALES AGREEMENT, YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE ON THE DATE YOU MAIL IT.' "
Section 2. Said article is further amended by striking Code Section 44-3-174, relating to public offering statements provided to purchasers and cancellation of the sales agreement, in its entirety and inserting in lieu thereof a new Code Section 443-174 to read as follows:
"44-3-174. (a) Before transfer of a time-share interval and no later than the date of any sales agreement, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The sales agreement is voidable by the purchaser for seven days, Sundays and holidays excepted, after receipt of the public offering statement or for seven days, Sundays and holidays excepted, after signing any sales agreement, whichever is later. Cancellation is without penalty or obligation, and all payments made by the purchaser before cancellation must be refunded within 30 days after receipt of the notice of cancellation.
(b) In addition to the rights of the developer provided in the sales agreement, up to seven days, Sundays and holidays excepted, after the signing of any sales agreement, the developer may cancel the sales agreement without penalty or obligation to either party. The developer shall return all
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GENERAL ACTS AND RESOLUTIONS, VOL. I
payments made by the purchaser within 30 days after cancelling the agreement and the purchaser shall return all materials received in good condition, reasonable wear and tear excepted.
(c) If a time-share use is being conveyed, a purchaser shall have the right to cancel the transaction at any time after the facilities are no longer available for use.
(d) The rights of cancellation provided for in subsections (a), (b), and (c) of this Code section shall not be waivable by any purchaser.
(e) Any sales agreement must contain a conspicuous statement as follows:
'YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION THIS SALES AGREEMENT FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING AND RECEIVE A REFUND OF ANY FUNDS PAID. IF YOU DID NOT RECEIVE A PUBLIC OFFERING STATEMENT PRIOR TO SIGNING THIS SALES AGREEMENT, YOU MAY CANCEL THIS SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER RECEIPT OF A PUBLIC OFFERING STATEMENT. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE UPON THE DATE YOU SEND IT.' "
Section 3. Said article is further amended by striking subsection (a) of Code Section 44-3-193, relating to the contents of the application for registration of a time-share program, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
GEORGIA LAWS 1985 SESSION
859
"(a) An application for registration of the time-share program must contain:
(1) The public offering statement required by Code Section 44-3-172 or a public offering statement acceptable to the commission as provided for in Code Section 44-3178;
(2) A brief description of the property;
(3) Financial statements prepared in accordance with generally accepted accounting principles fully disclosing the current financial position of the developer;
(4) Copies of the time-share instruments and any documents referred to therein;
(5) The names of sales agents, managing agents, and exchange programs to be used with the program;
(6) The name of the bank in which the escrow agent for the program maintains a separate trust account and the name or number of the account and an authorization to the commission to examine such trust account by a duly authorized representative of the commission at such reasonable time or times as the commission may with notice to the escrow agent and developer direct;
(7) All advertising materials to be used in offering for sale the time-share intervals;
(8) An executed escrow agreement between the developer and the escrow agent;
(9) A description of the marketing plans to be used in Georgia; and
(10) Such other information as may be required by the commission's rules and regulations."
Section 4. Said article is further amended by adding at the end of Code Section 44-3-196, relating to the effective date
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GENERAL ACTS AND RESOLUTIONS, VOL. I
of registration and administrative review of denial of registration, a new subsection (c) to read as follows:
"(c) Applications for registration, for renewal of registration, and for any change of information required to be filed with the commission must be on commission-approved forms. If an application is submitted on a form which is no longer in use by the commission, the commission may require the registrant or applicant to submit a new application on its latest form at no further cost to the applicant. A registrant or applicant for registration must supply all information requested on any form submitted to the commission. The commission shall return any incomplete application, any obsolete application, or any application on a nonapproved form to a registrant or applicant by mail at either the address listed on the incomplete or incorrect application or to the last known business address of record in the commission's files if the incomplete or incorrect application contains no address. The registrant or applicant must correct any deficiencies noted by the commission on such application within 30 days of the commission's mailing notice of the deficiency to the registrant or applicant. If no response is received by the commission within 30 days of the commission's mailing notice of the deficiency, the application shall be viewed as abandoned, any fee paid forfeited, and the registrant or applicant must submit a new application and fee in order to complete the transaction."
Section 5. Said article is further amended by striking subsection (c) of Code Section 44-3-201, relating to the investigation of a developer, agent, or exchange program by the commission, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission may reprimand, suspend, or revoke the registration of any timeshare program, managing agent, or exchange program, or impose a civil penalty, not to exceed $10,000.00, if the developer or the developer's agent has been found guilty of, if the managing agent has been found guilty of, or if the ex-
GEORGIA LAWS 1985 SESSION
861
change program has been found guilty of a violation of any of the provisions of this article, the rules and regulations of the commission, or any of the following unfair trade practices:
(1) Making any false or misleading representation in any document or information filed with the commission;
(2) Engaging in or previous engagement in any unlawful act or practice prohibited by this article;
(3) Disseminating or causing to be disseminated orally or in writing any false or misleading promotional materials in connection with a time-share program;
(4) Concealing, diverting, or disposing of any funds or assets of any person in a manner impairing rights of purchasers of time-share intervals in the time-share program;
(5) Making a substantial misrepresentation to a purchaser or prospective purchaser;
(6) Failing to perform any stipulation or agreement made to induce the commission to issue an order relating to that time-share program;
(7) Violating any order of the commission;
(8) Employing or contracting with a person to sell time-share intervals whose real estate broker's, associate broker's, or salesperson's license has been suspended or revoked by the commission;
(9) Advertising that the development plans to affiliate with an exchange program;
(10) Continuing to sell time-share intervals after becoming more than three months in arrears in making payments on any encumbrance against the time-share project;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) Having been involved with a time-share program whose registration has been disciplined by a regulatory agency of this state or any other state;
(12) Having been convicted of any crime involving land dispositions, any crimes of moral turpitude, any violations of securities law, any fraudulent business activities, or any requirement of this article or any similar law of the United States or any other state or foreign country, or having been subject to any injunction or administrative order restraining a false or misleading promotional plan involving any of the activities above;
(13) Misrepresenting in any manner a purchaser's rights to cancel any sales agreement;
(14) Failing to or refusing to honor a purchaser's request to cancel any sales agreement when that request is made in accordance with the requirements of this article;
(15) Failing to remit in a timely manner escrow funds to a purchaser if the purchaser has canceled any sales agreement in accordance with the provisions of this article; or
(16) Being or becoming a party to any falsification of any portion of any public offering statement, sales agreement, or other legal document involved in any timeshare transaction."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
863
HANDICAPPED PERSONS -- ACCESS TO PUBLIC BUILDINGS; DEFINITIONS; ELEVATORS; SPECIFIC
AMENITIES.
Code Title 30, Chapter 3 Amended.
No. 576 (House Bill No. 506).
AN ACT
To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of certain terms; to change the provisions relating to applicable standards and specifications; to change the provisions relating to specific amenities required to be provided; 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 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, is amended by striking in its entirety paragraph (6) of Code Section 30-3-2, relating to definitions with respect to access to and use of public facilities by physically handicapped persons, and inserting in lieu thereof a new paragraph (6) to read as follows:
"(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:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Total number of parking spaces
Number of designated handicapped parking
spaces
1-400
A minimum number of 1 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 for every floor which is to be made accessible to and usable by handicapped persons at least one drinking fountain at a reasonable location 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 at least one toilet room at a reasonable location shall conform to ANSI 4.22.
(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 handicapped persons at least one bathroom, bathing facility, and shower room at a reasonable location shall conform to ANSI 4.23.
(F) 'Seats, tables, and work surfaces (ANSI 4.32) in a reasonable number' means the following:
GEORGIA LAWS 1985 SESSION
865
Total number
Number of accessible spaces required
Up to 50
2 spaces for wheelchair users adjacent to each other
51-400
4 spaces including 2 adjacent to each other
401 and above
An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both"
Section 2. Said chapter is further amended by striking Code Section 30-3-3 in its entirety and inserting in lieu thereof a new Code Section 30-3-3 to read as follows:
"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 specifications A117.1-1980 for making buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) of Code Section 30-3-2; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; provided, further that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia 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 prac-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tical 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 government 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."
Section 3. Said chapter is further amended by striking Code Section 30-3-4 in its entirety and inserting in lieu thereof a new Code Section 30-3-4 to read as follows:
"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 specifications A117.1-1980 for making buildings and facilities accessible to and usable by physically handicapped individuals, except as otherwise provided in paragraph (6) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting the generality of the foregoing, shall provide the following amenities 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
(6) Seats, tables, and work surfaces in a reasonable number."
GEORGIA LAWS 1985 SESSION
867
Section 4. Said chapter is further amended by striking in their entirety subsections (b) and (c) of Code Section 30-3-5, relating to responsibility for enforcement and administration of this chapter, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facilities under its jurisdiction. No construction plans for any such building or facility shall be approved by the board of regents for any construction within the University System of Georgia unless the building or facility conforms to Code Section 30-3-3 and 30-3-4 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require an architect's or engineer's seal or a 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 government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of regents, pursuant to subsections (a) and (b) of this Code section and which are under the jurisdiction of such local governing authorities. No building permit for any such building or facility shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications conform to the requirements of Code Sections 30-3-3 and 30-3-4 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared
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GENERAL ACTS AND RESOLUTIONS, VOL. I
in conformity with Code Sections 30-3-3 and 30-3-4. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certificate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance, or a seal 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, contractor, or building owner following said plans shall require such an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction.
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, 1985.
SPECIAL PURPOSE COUNTY SALES AND USE TAX -- USE OF PROCEEDS FOR HOSPITALS.
Code Section 48-8-111 Amended.
No. 577 (House Bill No. 170).
AN ACT
To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of a special purpose county sales and use tax, so as to provide that the proceeds of the tax may be used for hospital purposes; to remove provisions relating to use of the tax for hospital services or indigent patient
GEORGIA LAWS 1985 SESSION
869
care; 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 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of a special purpose county sales and use tax, is amended by striking subparagraph (a) (1) (B) and inserting in its place a new subparagraph (a) (1) (B) to read as follows:
"(B) A capital outlay project of the county which is for the use of or the benefit of the citizens of the entire county and which consists of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; or a coliseum;".
Section 2. This Act shall become effective upon its approval by 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, 1985.
PERSONAL CARE HOMES -- FIRE SAFETY STANDARDS. Code Section 25-2-13 Amended. No. 578 (House Bill No. 2). AN ACT
To amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special fire and safety hazards, so as to include among such buildings personal
870
GENERAL ACTS AND RESOLUTIONS, VOL. I
care homes and to provide for standards 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. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special fire and safety hazards, is amended by striking from subparagraph (b)(1)(G) the following:
"; and",
and inserting in its place a semicolon, by striking the period at the end of subparagraph (b)(1)(H) and inserting in its place the following:
and by adding immediately thereafter a new subparagraph to read as follows:
"(I) Personal care homes required to be licensed as such by the Department of Human Resources and having at least seven beds for nonfamily adults, and the commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those homes, and any structure constructed as or converted to a personal care home on or after this subparagraph becomes effective shall be deemed to be a proposed building pursuant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the commissioner if he deems this necessary for proper fire safety."
Section 2. This Act shall become effective on April 15, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
871
HEAD-INJURED PERSONS -- REGISTRATION BY THE DEPARTMENT OF HUMAN RESOURCES. Code Title 31, Chapter 18 Amended. No. 579 (House Bill No. 3). AN ACT
To amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled persons, so as to provide for the registration by the Department of Human Resources of all head-injured persons; to provide for registration and reporting procedures; to provide for definitions; to provide for duties of the department; 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 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled persons, is amended by striking said chapter and inserting in lieu thereof a new Chapter 18 to read as follows:
"CHAPTER 18
31-18-1. It is the intent of the General Assembly to ensure the registration by the department of all spinal cord disabled or head-injured persons in order that all spinal cord or head-injured disabled persons might obtain rehabilitative services provided by existing state agencies, departments, other organizations, and individuals.
31-18-2. As used in this chapter, the term:
(1) 'Head-injured person' means a person who has sustained brain damage of traumatic or acute onset, not of a degenerative nature, that results in temporary or
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GENERAL ACTS AND RESOLUTIONS, VOL. I
permanent decrease of cognitive, behavioral, social, and physical functioning.
(2) 'Spinal cord disabled person' means a person suffering from any spinal cord disease, spinal cord injury, or neural tube defect, whether congenital or acquired, which results in partial or total loss of motor or sensory functions and which results in partial or total disability, regardless of whether such disability is temporary or permanent.
31-18-3. Except as otherwise provided, every public and private health and social agency and every physician authorized to practice medicine in this state shall report to the department the name of any person such agency or physician has identified as being spinal cord disabled or head-injured. The report shall be made within 48 hours after identification of the spinal cord disabled or head-injured person. The report shall contain the name, age, address, type and extent of disability, and such other information concerning the disabled person as the department may require.
31-18-4. (a) The department shall establish procedures whereby a spinal cord disabled or head-injured person for whom a report is made under this chapter shall be referred with informed consent to appropriate public or private departments or agencies for treatment and rehabilitative services.
(b) The Division of Rehabilitation Services of the Department of Human Resources shall maintain records of reports, notifications, and referrals made under this chapter. The Division of Rehabilitation Services shall submit quarterly reports of its notifications and referrals to the Division of Physical Health.
(c) Statistical information collected under this chapter shall be available to any other federal or state agency or private organization concerned with spinal cord dysfunction or head injuries, but no names or addresses will be provided without the consent of the spinal cord disabled or head-injured person or the consent of the immediate family or guardian of such person if that person is unable to consent."
GEORGIA LAWS 1985 SESSION
873
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
MENTAL HEALTH -- TRANSFER OF MENTALLY ILL, ALCOHOLIC, AND DRUG DEPENDENT INDIVIDUALS FROM PRIVATE FACILITIES TO STATE FACILITIES.
Code Sections 37-3-100 and 37-7-100 Amended.
No. 580 (House Bill No. 5).
AN ACT
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for the voluntary transfer of mentally ill, alcoholic, and drug dependent individuals from private facilities to state-owned or operated facilities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding at the end of Code Section 37-3-100, relating to facility transfers of mentally ill patients, a new subsection (e) to read as follows:
"(e) A patient hospitalized in a private facility, approved under Code Section 37-3-6, or that patient's representative may request that facility to transfer the patient to a state-owned or operated facility. That private facility shall then request the department to take custody of the patient.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
If the patient meets the criteria for admission under this chapter, then the private facility shall transfer the patient and the department shall accept the patient and designate the state-owned or operated facility to which the patient shall be admitted."
Section 2. Said title is further amended by adding at the end of Code Section 37-7-100, relating to facility transfers of alcoholics and drug abusers, a new subsection (e) to read as follows:
"(e) A patient hospitalized in a private facility, approved under Code Section 37-7-7, or that patient's representative may request that facility to transfer the patient to a state-owned or operated facility. That private facility shall then request the department to take custody of the patient. If the patient meets the criteria for admission under this chapter, then the private facility shall transfer the patient and the department shall accept the patient and designate the state-owned or state-operated facility to which the patient shall be admitted."
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, 1985.
GEORGIA LAWS 1985 SESSION
875
MENTAL HEALTH -- HEARING OFFICERS; FEES AND EXPENSES.
Code Sections 37-3-122, 37-4-82, and 37-7-122 Amended. No. 581 (House Bill No. 6). AN ACT
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the fees and expenses which hearing officers are paid for certain hearings concerning mentally ill, mentally retarded, and alcoholic or drug dependent individuals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraph (3) of subsection (b) of Code Section 37-3-122, relating to expenses for hearings regarding mentally ill individuals, and inserting in its place the following:
"(3) The fee to be paid to the hearing officer appointed pursuant to subparagraph (A) of paragraph (4) of Code Section 37-3-1 to conduct a hearing. Such fee shall be as agreed between the hearing officer and the appointing court, but shall not exceed an amount determined under the fee schedule followed by the county when computing the fees to be paid to an attorney who has been appointed to represent an indigent criminal defendant plus actual expenses which the hearing officer may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the hearing officer may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amounts specified in this paragraph. The $40.00 court cost authorized by paragraph (2) of this subsection shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearings."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 37-4-82, relating to expenses for hearings regarding mentally retarded individuals, and inserting in its place the following:
"(3) The fee to be paid to a hearing officer appointed pursuant to subparagraph (A) of paragraph (5) of Code Section 37-4-2 to conduct a hearing. Such fee shall be as agreed between the hearing officer and the appointing court, but shall not exceed an amount determined under the fee schedule followed by the county when computing the fees to be paid to an attorney who has been appointed to represent an indigent criminal defendant plus actual expenses which the hearing officer may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the hearing officer may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amounts specified in this paragraph. The $40.00 court cost authorized by paragraph (2) of this subsection shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearings."
Section 3. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 37-7-122, relating to expenses for hearings regarding alcoholic or drug dependent individuals, and inserting in its place the following:
"(3) The fee to be paid to a hearing officer appointed pursuant to subparagraph (A) of paragraph (7) of Code Section 37-7-1 to conduct a hearing. Such fee shall be as agreed between the hearing officer and the appointing court, but shall not exceed an amount determined under the fee schedule followed by the county when computing the fees to be paid to an attorney who has been appointed to represent an indigent criminal defendant plus actual expenses which the hearing officer may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the hearing officer may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amounts specified in this paragraph. The $40.00 court cost authorized
GEORGIA LAWS 1985 SESSION
877
by paragraph (2) of this subsection shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearing."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
ATTORNEY'S FEES IN CONTEMPT OF COURT ACTIONS INVOLVING CHILD CUSTODY, CHILD VISITATION, AND
PROPERTY DIVISION.
Code Section 19-6-2 Amended.
No. 582 (House Bill No. 11).
AN ACT
To amend Code Section 19-6-2 of the Official Code of Georgia Annotated, relating to attorney's fees in actions relating to divorce and alimony, so as to authorize attorney's fees in contempt of court actions involving child custody, child visitation, and property division; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-6-2 of the Official Code of Georgia Annotated, relating to attorney's fees in actions relating to divorce and alimony, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"(a) The grant of attorney's fees as a part of the expenses of litigation, made at any time during the pendency of the litigation, whether the action is for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case, including but not limited to contempt of court orders involving property division, child custody, and child visitation rights, shall be:
(1) Within the sound discretion of the court, except that the court shall consider the financial circumstances of both parties as a part of its determination of the amount of attorney's fees, if any, to be allowed against either party; and
(2) A final judgment as to the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not."
Section 2. This legislation will become effective upon the signature of 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, 1985.
GEORGIA LAWS 1985 SESSION
879
SURFACE MINING -- PERMITS; CHANGE OF OWNERSHIP; BONDS.
Code Section 12-4-75 Amended. No. 583 (House Bill No. 25). AN ACT
To amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining, so as to provide for the continuance of surface mining operations after a change in ownership under certain conditions; to raise the maximum bond that may be required for mining operators from $1,000.00 to $2,500.00 per acre and to provide for periodic reevaluations and adjustments to the bond amounts required; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 12-4-75 to read as follows:
"12-4-75. Operators of surface mining firms shall be required:
(1) To obtain from the director of the division a permit to conduct surface mining operations in the specified area to be mined prior to commencing the operation of same, provided that where a change in ownership of a mining operation occurs, the new owners may continue such operation on condition that a valid application, mined land use plan, and bond sufficient as to form and content for final approval are placed on file with the director within 60 days from date of consummation of the ownership change. In the event the new owners fail
880
GENERAL ACTS AND RESOLUTIONS, VOL. I
to place on file with the director the necessary documents for permitting within said 60 day period, all activities associated with removal of minerals or ores from the premises shall cease. It is further provided that a mining operator who continues to conduct a surface mining operation under a previous owner's permit in accordance with this paragraph shall be subject to having said permit revoked in the same manner and under the same conditions as a mining operator conducting a surface mining operation under his own permit. The application for a permit shall be made on a form provided by the director. The permit shall be issued on evidence satisfactory to the director of compliance with this part and the rules and regulations promulgated pursuant hereto, and the permit shall be conditioned upon the permittee's compliance with the approved mined land use plan;
(2) To submit, with the application for a permit, a mined land use plan which shall be consistent with the land use in the area of the mine and shall provide for reclamation ofthe affected land. Once approved, the operator will be responsible for completion of the plan. However, any change affecting a new area or any other change in an approved plan must be submitted to the division for approval as an amendment to an operator's mined land use plan;
(3) To file a bond with the director within 60 days after the date of being furnished approved surety bond forms by the division; provided, however, that any mining operator who desires to be exempted from the bonding requirement shall request an exemption from such bonding requirement from the director, whereupon a mining operator may be exempted from such bonding requirement at the discretion of the director. Any mining operator who has been granted an exemption from the bonding requirement and who subsequently violates any of the provisions of this part or the rules and regulations promulgated hereunder, or who defaults on his obligations under any mined land use plan, may be required by the director to post a bond in accordance with this paragraph. Any bond filed with the director shall be written by a
GEORGIA LAWS 1985 SESSION
881
surety approved by the director and authorized to transact business in this state. Such bond shall be fixed by the director in an amount not more than $2,500.00 per acre, or fraction thereof, of the area of affected land. Such bond shall further be payable to the Governor and conditioned upon the faithful performance of the requirements set forth in this part and the rules and regulations promulgated pursuant hereto. Mining operators shall have the option of posting bond, government securities, cash, or any combination thereof on each mined area. In determining the amount of bond, government securities, or cash within the above limits, the director shall take into consideration the character and nature of the land reclamation requirements as approved in the operator's mined land use plan. For each permit, the director shall review and reevaluate at least every five years the site operation, objectives of the mined land use plan, and estimated cost factors for completion of the plan and shall require adjustments to bonding amounts as may be necessary to ensure adequate funding for site reclamation. The bond, government securities, or cash shall be held by the division until the affected land or any portion thereof is satisfactorily reclaimed, in the opinion of the director, at which time the bond, government securities, or cash or portion thereof shall be terminated or returned to the mining operator, provided that where a mining operator fails or refuses to complete any of his responsibilities under a mined land use plan and the bond, government securities, or cash are consequently recovered upon or forfeited, the director may expend as he deems appropriate that portion of such recovered or forfeited funds as is necessary to complete such mining operator's responsibilities under the mined land use plan. A mining operator, upon approval of an amended mined land use plan, shall file with the director the appropriate bond, government securities, or cash to cover the plan as amended, unless otherwise exempted from the bonding requirement."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
CONFLICTS OF INTEREST -- EMPLOYEES OF THE UNIVERSITY SYSTEM OF GEORGIA; SERVICE TO
FOUNDATIONS.
Code Section 45-10-23 Amended.
No. 584 (House Bill No. 31).
AN ACT
To amend Code Section 45-10-23 of the Official Code of Georgia Annotated, relating to conflicts of interest in connection with full-time employees transacting business with their employing agencies, so as to authorize full-time employees of the Board of Regents of the University System of Georgia to serve as members of the governing boards of private nonprofit, educational, athletic, or research related foundations and associations which are organized for the support of institutions of higher learning in this state; 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 45-10-23 of the Official Code of Georgia Annotated, relating to conflicts of interest in connection with full-time employees transacting business with their employing agencies, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful for any full-time employee, for himself or on behalf of any business, or for any business in which such employee or member of his family has a substantial interest to transact any business with the agency
GEORGIA LAWS 1985 SESSION
883
by which such employee is employed; provided, however, that neither this Code section nor any other provision of law shall prevent full-time employees of the Board of Regents of the University System of Georgia from serving as members of the governing boards of private, nonprofit, educational, athletic, or research related foundations and associations which are organized for the purpose of supporting institutions of higher education in this state and which in furtherance of this purpose may transact business with such institutions or with the Board of Regents of the University System of Georgia."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
CIVIL PRACTICE -- FORMS FOR USE BY INMATES IN ACTIONS AGAINST STATE AND LOCAL GOVERNMENTS.
Code Section 9-10-14 Enacted.
No. 585 (House Bill No. 92).
AN ACT
To amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that the Administrative Office of the Courts shall, with the approval of the Supreme Court, promulgate and from time to time amend as necessary a form or forms for use by inmates of state and local penal and correctional institutions in actions against the state and local govern-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
merits and government agencies and officers; to provide that no such action shall be accepted for filing unless the complaint or other initial pleading is on such form or forms and such form or forms are appropriately and legibly completed; to provide that the Department of Offender Rehabilitation and officers in charge of local penal and correctional facilities shall make such forms available to inmates; to provide that the cost of printing and distributing such forms shall be paid from funds appropriated to the judicial branch of government; to provide for 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 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, is amended by adding a new Code Section 910-14 to read as follows:
"9-10-14. (a) The Administrative Office of the Courts shall, with the approval of the Supreme Court, promulgate and from time to time amend as necessary a form or forms for use by inmates of state and local penal and correctional institutions in actions against the state and local governments and government agencies and officers. In addition to any other appropriate provisions, such form or forms shall clearly identify the nature of the action, the subject matter and disposition of all previous actions filed against any unit or officer of government by the inmate during his incarceration, the law and facts on which the action is based, the parties to be served, the parties against whom relief is requested, and the specific relief requested against each party. If an affidavit of indigency accompanies the pleading, it shall include a sworn financial statement which shall include but not be limited to any custodial account of the inmate with the institution wherein he is incarcerated.
(b) No clerk of any court shall accept for filing any action by an inmate of a state or local penal or correctional institution against the state or a local government or against any agency or officer of state or local government unless the complaint or other initial pleading is on a form or forms promulgated by the Administrative Office of the Courts and such form or forms are appropriately and legibly completed.
GEORGIA LAWS 1985 SESSION
885
Any inmate filing such an action may submit with the complaint or other initial pleading any additional matter in any form if the pleading includes the form or forms required by this Code section. If the pleading is accompanied by an affidavit of indigency, the clerk shall not accept the pleading for filing unless the pleading is also accompanied by a certification from the institution wherein the inmate is incarcerated that the financial statement correctly states the amount of funds in any and all custodial accounts of the inmate with the institution.
(c) Upon request of an inmate or the order of a court wherein an inmate has filed an action subject to this Code section, the officials in charge of a state or local institution may remit to the court amounts from an inmate's custodial account for payment of court costs, deposits, or filing fees. Such officials shall upon request of an inmate provide the certification required by subsection (b) of this Code section.
(d) The Administrative Office of the Courts shall cause to be printed such number of the forms provided for in this Code section as is necessary to furnish such forms to attorneys and to the Department of Offender Rehabilitation and local penal and correctional institutions for use by their inmates. Such forms shall be distributed to such institutions by the Administrative Office of the Courts without cost, and such forms shall be provided in reasonable numbers to inmates without cost. The cost of printing and distributing such forms shall be paid from funds appropriated to the judicial branch of government."
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 actions presented for filing on or after July 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
LOTTERY EQUIPMENT, DEVICES, AND MATERIALS -- MANUFACTURE, SALE, SHIPMENT, AND DEMONSTRATION.
Code Section 16-12-35 Amended.
No. 586 (House Bill No. 99).
AN ACT
To amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture, sale, and transportation of printed materials or advertisements for shipment out of state, so as to allow the manufacture, sale, and transportation of such other equipment, devices, or other materials used in lotteries conducted by other states or foreign countries; to provide for demonstrations of such printed materials, equipment, devices, or other materials to authorized representatives of other states or foreign countries; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture, sale, and transportation of printed materials or advertisements for shipment out of state, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any other law to the contrary notwithstanding, this part shall not be applicable to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use within a state or foreign country in a lottery conducted by that state or foreign country acting under authority of law of such state or foreign country, or any advertising materials relative to such printed materials, if such equipment, devices, or other materials are for shipment out of the State of Georgia to authorized persons conducting lotteries in such states
GEORGIA LAWS 1985 SESSION
887
or foreign countries. This part shall in no way prohibit communications between persons in this state and persons in other states or foreign countries relative to such printed materials, equipment, devices, or other materials or prohibit demonstrations of same within this state to authorized representatives from other states or foreign countries conducting lotteries.
(2) As used in this subsection, the term:
(A) 'Foreign country' means any empire, country, dominion, colony, or protectorate or any subdivision thereof other than the United States, its territories, or its possessions.
(B) 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial possession of the United States."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
JURY COMMISSIONERS -- SUCCESSION IN OFFICE.
Code Section 15-12-20 Amended.
No. 587 (House Bill No. 101).
AN ACT
To amend Code Section 15-12-20 of the Official Code of Georgia Annotated, relating to boards of jury commissioners, so as to authorize certain jury commissioners to succeed themselves in office; to repeal conflicting laws; and for other purposes.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-12-20 of the Official Code of Georgia Annotated, relating to boards of jury commissioners, is amended by striking subsection (d) thereof and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) In all cases, the chief judge shall have the right to remove the jury commissioners at any time, in his discretion, for cause and appoint successors. However, no person who has served for more than three years as a jury commissioner shall be eligible or shall be appointed to succeed himself as a member of the board of jury commissioners."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GAMBLING -- ANTIQUE SLOT MACHINES; POSSESSION OR USE.
Code Sections 16-12-24 and 16-12-30 Amended.
No. 588 (House Bill No. 205).
AN ACT
To amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines; to provide certain definitions; to provide that certain antique slot machines shall not
GEORGIA LAWS 1985 SESSION
889
be contraband and subject to seizure and destruction, except under certain circumstances; to make it unlawful for certain persons to own or possess antique slot machines; to make it unlawful for any person to use or allow the use of antique slot machines for gambling purposes; to make it unlawful to have antique slot machines on certain premises or in certain establishments; to provide for the disposition of antique slot machines seized in connection with unlawful activities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety Code Section 16-12-24, relating to possession, manufacture, or transfer of gambling devices or parts, and inserting in lieu thereof a new Code Section 16-12-24 to read as follows:
"16-12-24. (a) A person who knowingly owns, manufactures, transfers commercially, or possesses any device which he knows is designed for gambling purposes or anything which he knows is designed as a subassembly or essential part of such device is guilty of a misdemeanor of a high and aggravated nature.
(b) (1) As used in this subsection, the term:
(A) 'Antique slot machine' means a coin operated, nonelectronic mechanical gambling device that pays off according to the matching of symbols on wheels spun by a handle and was manufactured in its entirety, except for identical replacement parts, prior to January 1, 1950.
(B) 'Conviction' includes a plea of nolo contendere to a felony.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) It shall be a defense to any action or prosecution under this Code section for possession of a gambling device that the device is an antique slot machine and that said device was not being used for gambling; provided, however, the defense shall not be available to any person who has been convicted of a felony in this or any other state or under federal law and provided, further, that this defense shall not be available if the antique slot machine is on the premises of a private or public club or in an establishment where alcoholic beverages are sold.
(3) Any antique slot machine seized as a result of a violation of this Code section shall be contraband and subject to seizure and destruction as provided in Code Section 16-12-30. An antique slot machine seized for a violation of this Code section shall not be destroyed, altered, or sold until the owner has been afforded a reasonable opportunity to present evidence that the device was not operated for unlawful gambling or in violation of this Code section. If the court determines that the device is an antique slot machine and was not operated or possessed in violation of this or any other Code section, such device shall be returned to its owner."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-12-30, relating to seizure and destruction of gambling devices, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of Code Section 16-12-24, every gambling device is declared to be contraband and subject to seizure and confiscation by any state or local authority within whose jurisdiction the same may be found."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
891
CORPORATE, RECORDER'S, MAYOR'S, AND POLICE COURTS -- JURISDICTION OF VIOLATIONS OF THE GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS
ACT.
Code Section 33-34-12 Amended. Code Section 33-34-13 Repealed.
Code Section 36-32-7 Enacted.
No. 589 (House Bill No. 240).
AN ACT
To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," and to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorder's, mayor's or police courts, so as to provide that an owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance or an approved plan of self-insurance on such vehicle is guilty of a misdemeanor; to authorize the recorder's, mayor's, or police court of each municipality to have jurisdiction over such offenses; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipality; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide that no municipality is authorized to impose a fine or punish by imprisonment in excess of the limits set forth in the municipality's charter; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Sections 33-34-12 and 33-34-13, which read as follows:
"33-34-12. (a) An owner or any other person who knowingly operates or knowingly authorizes another to oper-
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ate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor.
(b) Notwithstanding any law to the contrary, any person charged with a misdemeanor as provided in this Code section may be tried in any recorder's, mayor's, or police court of any municipality if the offense occurred within the corporate limits of that municipality. Those courts shall have jurisdiction to try and dispose of such cases. The jurisdiction of those courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of the municipality.
(c) Any defendant charged with a misdemeanor as provided in this Code section shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county where the alleged offense occurred.
(d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.
33-34-13. (a) Municipalities, by ordinance, may adopt by reference the provisions of Code Section 33-34-12 without publishing or posting the Code section in its entirety.
(b) Any offense which is a violation of this chapter and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the state statute or of the local ordinance.
(c) If the offense charged under an ordinance constitutes a violation of any provision of this chapter and the defendant elects to have the charge treated as a state offense, the recorder or city judge, after conducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hearing, shall summarily fix bond for the defendant and bind his case over to the appropriate state tribunal.
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(d) No person tried in any court for a violation of this chapter or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this chapter shall be considered a prior conviction for all purposes under this chapter.",
and inserting in lieu thereof a new Code Section 33-34-12 to read as follows:
"33-34-12. An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor."
Section 2. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorder's, mayor's, or police courts, is amended by adding a new Code Section 36-32-7 to read as follows:
"36-32-7. (a) The recorder's, mayor's, or police court of each municipality is granted jurisdiction to try and dispose of cases where a person is charged with a misdemeanor under Code Section 33-34-12 of knowingly operating or knowingly authorizing the operation of a motor vehicle without effective insurance of such vehicle or without an approved plan of self-insurance as required by Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' if the offense occurred within the corporate limits of such municipality. The jurisdiction of each such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c) Any defendant charged with a misdemeanor under Code Section 33-34-12 in a recorder's, mayor's, or police court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
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(d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter."
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, 1985.
GAME AND FISH -- SUSPENSION OF HUNTING PRIVILEGES FOR NEGLIGENT HUNTING; HEARINGS;
PROCEDURE.
Code Section 27-2-25.1 Amended.
No. 590 (House Bill No. 244).
AN ACT
To amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions; to clarify the persons subject to such suspensions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, is amended by striking said Code
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section in its entirety and substituting in lieu thereof 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 Assembly 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 may have their hunting privileges 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 culpable negligence on the part of the person causing the death or injury and that such negligence was the proximate cause of such death or injury, the commissioner may suspend that person's hunting privileges for a specified period of time not to exceed ten years. Any such determination to suspend shall be subject to review as provided for in this Code Section. When the commissioner shall decide to suspend said personas hunting privileges, the commissioner must notify such person of said suspension and of his right to a hearing to contest the commissioner's determination. The notification from the commissioner to the person whose license is being suspended, shall be by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Upon
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such notice, any such hunting privileges shall be revoked by such notice and such person shall surrender his or her hunting license, if any, to the department within ten days of such notification. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice.
(d) The person so notified may request an administrative hearing before an administrative law judge appointed by the board within 30 days of receipt of the notice. If no hearing is requested within the 30 day period, the right to a hearing shall have been waived and the hunting privileges of the person shall stand suspended as prescribed by the commissioner's notice. 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 privileges of such person may be suspended for a period of up to ten years. The period of time that such privileges are suspended shall be commensurate with the degree of negligence and the severity of the injury. If there is a determination of no negligence or that the negligence was not the proximate cause of the death or injury, the person's hunting privileges shall be restored. The provisions of Code Section 27-2-27 shall not be applicable to a suspension under this Code section.
(e) Any person whose hunting privileges have been suspended 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 punished by a fine of not more than $5,000.00 or by imprisonment for not more than 12 months, or both. Any person whose hunting privileges have been suspended under this Code section shall complete a course of instruction in competency and safety in hunting and in the handling of weapons provided for in Code Section 27-2-5 prior to any subsequent exercise of his hunting privileges.
(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.
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(2) 'Hunting privileges' means the exercise of the privilege of hunting whether such privilege is bestowed by license or otherwise.
(3) 'Suspend' means the suspension or revocation of any existing license or hunting privileges and the suspension or revocation of the privilege of obtaining any new license or hunting privileges.
(g) The hearing before an administrative law judge 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 action 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 April 4, 1985.
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HEALTH -- AMBULATORY SURGICAL CENTERS; REPORTS ON NONACCIDENTAL INJURIES TO PATIENTS.
Code Section 31-7-9 Amended. No. 591 (House Bill No. 250).
AN ACT
To amend Code Section 31-7-9 of the Official Code of Georgia Annotated, relating to reports by physicians and others regarding nonaccidental injuries to patients, so as to require such reports by certain personnel in ambulatory surgical centers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-7-9 of the Official Code of Georgia Annotated, relating to reports by physicians and others regarding nonaccidental injuries to patients, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"31-7-9. (a) As used in this Code section, the term 'medical facility' includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph (D) of paragraph (1) of Code Section 31-7-1..
(b) Any:
(1) Physician, including any doctor of medicine licensed to practice under the laws of this state;
(2) Licensed registered nurse employed by a medical facility;
(3) Security personnel employed by a medical facility; or
(4) Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein
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having cause to believe that a patient has had physical injury or injuries inflicted upon him other than by accidental means shall report or cause reports to be made in accordance with this Code section.
(c) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
(d) Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section shall be in good faith."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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CLAIMS ADVISORY BOARD -- STATE AUTHORITIES; COUNTY AND MUNICIPAL DEPARTMENTS. Code Section 28-5-60.1 Enacted. No. 592 (House Bill No. 257).
AN ACT
To amend Part 1 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions affecting the Claims Advisory Board, so as to clarify that the state or its departments or agencies do not include state authorities and county or municipal departments, agencies, bureaus, commissions, and authorities for purposes of processing claims through the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions affecting the Claims Advisory Board, is amended by inserting immediately following Code Section 28-5-60 a new Code section, to be designated Code Section 28-5-60.1., to read as follows:
"28-5-60.1. As used in this article, the term 'the state or any of its departments or agencies' includes any department, agency, bureau, or commission of state government but does not include state authorities or any county or municipal department, agency, bureau, commission, or authority."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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901
EMPLOYMENT SECURITY -- DENIAL OF UNEMPLOYMENT COMPENSATION BENEFITS TO CERTAIN EMPLOYEES OF EDUCATIONAL INSTITUTIONS.
Code Section 34-8-152 Amended.
No. 593 (House Bill No. 266).
AN ACT
To amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to eligibility for benefits of certain persons, so as to provide for denial of benefits to professional and nonprofessional employees of educational institutions between academic years or terms and 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 or holiday; 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 34-8-152 of the Official Code of Georgia Annotated, relating to eligibility for benefits of certain persons, is amended by striking subsection (a) thereof which reads as follows:
"(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, principal administrative, or any other
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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 individual's 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;
(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 subsection, 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 subsection, benefits shall not be paid as specified in paragraphs (1) and (3) of this subsection to any individual for any week of unemployment if such individual performs such services in a public or nonprofit educa-
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tional institution while in the employ of any educational service agency; and for this purpose, the term 'educational service agency' shall mean a governmental agency or governmental 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.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(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, or principal administrative 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 individual's 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;
(2) Except as otherwise provided in this Code section, with respect to services in any other capacity for a public or nonprofit educational institution, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms, if such individual performs such services in the first of
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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. However, if compensation is denied to any individual for any week under 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 this paragraph;
(3) Except as otherwise provided in this Code section, with respect to any services described in paragraphs (1) and (2) of this subsection, 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 paragraphs (1) and (2) of this subsection, benefits shall not be paid as specified in paragraphs (1), (2), and (3) of this subsection to any individual for any week of unemployment, if such individual performs such services in a public or nonprofit educational institution while in the employ of an educational service agency, and for this purpose, the term 'educational service agency' shall mean a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more public or nonprofit educational institutions."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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FAMILY VIOLENCE -- RELIEF ORDERS OF SUPERIOR COURTS; CONTEMPT ACTIONS; PENALTIES. Code Section 19-13-6 Enacted. No. 594 (House Bill No. 273). AN ACT
To amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief from family violence by a superior court, so as to make unlawful and provide for contempt actions and penalties for the violation of certain court orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief from family violence by a superior court, is amended by adding at the end thereof a new Code section to read as follows:
"19-13-6. (a) A violation of an order issued pursuant to this article may be punished by an action for contempt.
(b) Any person who:
(1) Violates the provisions of a domestic violence order which excludes, evicts, or excludes and evicts that person from a residence or household; and
(2) Refuses to leave that residence or household when requested
shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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HISTORIC AREAS -- UNDERWATER ARCHEOLOGY; PROPERTY WITHIN NAVIGABLE WATERS OR CERTAIN
OCEANIC AREAS; EXPLORATION AND RECOVERY PERMITS.
Code Sections 12-3-52, 12-3-53, and 12-3-54 Amended. Code Sections 12-3-80 through 12-3-83 Enacted.
No. 595 (House Bill No. 277).
AN ACT
To amend Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the promotion and preservation of historic areas generally, so as to differentiate between land site archeology and underwater archeology; to provide for administrative and judicial review of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist; to declare certain property within navigable waters or within certain oceanic areas as belonging to the state; to declare the Department of Natural Resources to be custodian of certain underwater items of property; to provide for exploration and recovery permits; to provide for renewals; to provide for revocations; to provide penalties; 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 12 of the Official Code of Georgia Annotated, relating to the promotion and preservation of historic areas generally, is amended by striking in its entirety Code Section 12-3-52, relating to archeological exploration and excavation generally, and inserting in its place a new Code Section 12-3-52 to read as follows:
"12-3-52. (a) The State of Georgia, acting through the department and its authorized officers and employees, reserves to itself the exclusive right and privilege of exploring, excavating, or surveying all prehistoric and historic sites, ruins, artifacts, treasure, and treasure-trove, and other simi-
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lar sites and objects found on all lands owned or controlled by the state, provided that this reservation shall not apply to property under the jurisdiction of the Board of Regents of the University System of Georgia.
(b) All findings of such ruins, artifacts, treasure, treasure-trove, and other similar sites and objects shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found.
(c) The department is authorized to grant permits to or enter into contractual agreements with recognized scientific institutions or qualified individuals to conduct field archeological research or salvage archeology through data recovery on such state properties if, in the opinion of the department, conditions or situations warrant such arrangements or agreements. All such information and archeologically significant objects derived from archeological research conducted on state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state. In addition, the State of Georgia urges that all archeological research conducted on privately owned land within the boundaries of the state be likewise undertaken solely by recognized scientific institutions or qualified individuals.
(d) Any person who is aggrieved or adversely affected by any order or action of the department 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.' 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, the 'Georgia Administrative Procedure Act.' 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 department is empow-
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ered to administer and enforce. In the event the department 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 same before continuing on with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner."
Section 2. Said article is further amended by striking in its entirety Code Section 12-3-53, relating to a state archeologist, and inserting in its place a new Code Section 12-3-53 to read as follows:
"12-3-53. In order to implement the protective and research policies as outlined in Code Section 12-3-52, the department will appoint a state archeologist, whose duties will be:
(1) To direct, coordinate, and otherwise engage in fundamental archeological research on state lands containing sites or objects of archeological significance, and to advise the commissioner of natural resources in permitting or entering into contractual agreements with recognized scientific institutions or qualified individuals to do the same;
(2) To cooperate with other agencies of the state which have authority in areas where sites are located;
(3) To conduct a survey of important archeological sites located on state land and, upon request, to survey and officially to recognize significant archeological sites on privately owned land, thereby encouraging the owner to cooperate with the state to preserve the site;
(4) To conduct salvage archeology through data recovery on state sites threatened with destruction;
(5) To protect, preserve, display, or store objects of archeological significance discovered by field archeology at state sites or discovered during the course of any construction or demolition work;
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(6) To establish training programs, either independently or in conjunction with institutions of higher learning, in order to disseminate knowledge concerning archeology and its related disciplines; and
(7) To encourage the dissemination of archeological facts through the publication of reports of archeological research conducted by the department."
Section 3. Said article is further amended by striking in its entirety Code Section 12-3-54, relating to penalties for violating Code Section 12-3-52, and inserting in its place a new Code Section 12-3-54 to read as follows:
"12-3-54. Any person who intentionally violates Code Section 12-3-52 or who intentionally defaces, injures, destroys, displaces, or removes an object or site of archeological or historical value located on areas as designated in Code Section 12-3-52 shall be guilty of a misdemeanor."
Section 4. Said article is further amended by adding at the end thereof a new part, to be designated Part 3, to read as follows:
"Part 3
12-3-80. As used in this part, the term 'submerged cultural resources' means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Title to, and the exclusive right to regulate the exploring, surveying, and recovery of, all such submerged cultural resources is declared to be in the State of Georgia.
12-3-81. (a) The custodian of all submerged cultural resources shall be the Department of Natural Resources which is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, and recover such underwater properties.
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(b) All findings of submerged cultural resources shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found.
(c) The state archeologist shall have such duties in conducting and supervising the surveillance, protection, preservation, survey, and recovery of submerged cultural resources as he is given by Code Section 12-3-53 for similar land resources.
12-3-82. (a) Any person desiring to conduct exploration, survey, or recovery operations, in the course of which any part of a submerged cultural resource may be endangered, removed, displaced, or destroyed, shall first make application to the department for a permit to conduct such operations. The applicant shall submit a detailed plan outlining the location, objectives, scope, methods, plans for the preservation and storage of any submerged cultural resources to be recovered, and such other information about its proposed operation as the department may require. The applicant shall also submit the name of the professional archeologist who will supervise or conduct the operation.
(b) If the department determines that the public interest and the preservation and protection of the submerged cultural resource will be served by allowing the operation for which a permit is sought, the department shall grant a permit subject to such terms and conditions as the department deems appropriate for the protection of the public interest and the preservation and protection of the submerged cultural resource. No permits shall be issued allowing the permittee to retain any recovered submerged cultural resources, or portion thereof, unless the department determines the resources to be retained are of no significant historical, archeological, or monetary value or are of such limited historical, archeological, or monetary value as to be reasonable compensation for the efforts of the permittee in furthering the public interest through the exploration, survey, protection, preservation, or recovery of other related underwater cultural resources.
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(c) Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate.
(d) A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (d) of Code Section 12-3-52.
(e) The department is authorized to contract with any person for the exploration, survey, protection, preservation, or recovery of underwater cultural resources on such terms and conditions as the department deems appropriate.
12-3-83. Any person who violates this part by failing to obtain a required permit or who intentionally defaces, injures, destroys, displaces, or removes any underwater cultural resource or portion thereof in any manner not in accordance with a permit issued by the department shall be guilty of a misdemeanor."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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WEAPONS -- DESTRUCTION OR SALE OF ABANDONED WEAPONS HELD BY LAW ENFORCEMENT AGENCIES.
Code Section 44-12-199 Amended.
No. 596 (House Bill No. 303).
AN ACT
To amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, so as to authorize law enforcement agencies to provide for the disposition by destruction or sale of certain weapons not used in the commission of a crime or seized in the execution of a warrant; to provide a definition; to provide for a holding period; to provide for claims of ownership; to provide for certain eligible purchasers; 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 held for the owner by a public official or entity, is amended by adding at the end of said Code section a new subsection, to be designated subsection (d), to read as follows:
"(d) (1) As used in this subsection, the term 'weapon* means any device declared illegal for possession under Code Section 16-11-122, any firearm, and any knife designed for the purpose of offense and defense.
(2) Any weapon not used in the commission of a crime or seized during the execution of a warrant coming into the possession of a law enforcement agency shall be disposed of as provided in this subsection. Such weapons and the disposition of such weapons shall not be subject to the requirements of this article.
GEORGIA LAWS 1985 SESSION
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(3) A weapon shall be held for the owner for a period of one year. If, at the end of such time, no valid written claim of ownership of a weapon has been presented to the law enforcement agency, the weapon shall be deemed abandoned and, when no longer needed for evidentiary purposes, shall be disposed of by the agency by destruction or by public sale in the manner provided for sheriffs' sales. The manner of disposal shall be decided by the head of the law enforcement agency. Proceeds of a sale under this paragraph, after deduction of all costs of the sale, shall be deposited in the appropriate state or local treasury.
(4) Purchasers who may participate in the sale of a weapon or firearm by a law enforcement agency shall be persons who are licensed under federal law to engage in businesses involving the weapon or firearm to be purchased."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GAME AND FISH -- WILD ANIMALS; DEALERS; LICENSES; AUCTIONS.
Code Title 27, Chapters 1, 2, and 5 Amended.
No. 597 (House Bill No. 306).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete the definition of the term "wild animal dealer"; to provide a definition of "wild animal business"; to combine the wild animal dealer and exhibition
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GENERAL ACTS AND RESOLUTIONS, VOL. I
licenses and to set a fee of $200.00 for the combined license; to allow the imposition of conditions on wild animal licenses; to establish qualifications for persons to whom such licenses may be issued; to provide that certain transactions in wild animals by unlicensed persons shall be unlawful; to increase the amount of insurance required for obtaining a license to hold certain inherently dangerous wild animals; to amend the list of inherently dangerous wild animals; to require the reporting to the Department of Natural Resources of certain transactions in wild animals; to amend the list of wild animals for which a license is required; to allow the Department of Natural Resources to recover storage charges for wild animals seized; to provide for the retention and disposition of wild animals seized by administrative order; to require a license for persons conducting a wild animal auction and to place conditions upon the obtainment of such a license; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraph (76) of Code Section 27-1-2, relating to definitions for the Game and Fish Code, in its entirety and substituting in lieu thereof a new paragraph (76) to read as follows:
"(76) 'Wild animal business' means the importation, transportation, or possession of any wild animal for the purpose of sale or transfer."
Section 2. Said title is further amended by striking subparagraphs (P) and (Q) of paragraph (7) of Code Section 27-2-23, relating to licenses, permits, and stamp fees under the Game and Fish Code, and inserting in lieu thereof new subparagraphs (P) and (Q) to read as follows:
"(P) Wild animal license
Annual
200.00
(Q) Wild animal auction license Seven-day
5,000.00"
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Section 3. Said title is further amended by striking Code Section 27-5-4, relating to wild animal dealers and exhibitors and transactions in wild animals, in its entirety and substituting in lieu thereof a new Code Section 27-5-4 to read as follows:
"27-5-4. (a) It shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of the provisions of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter.
(b) Wild animal licenses will be isued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purposes or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state.
(c) It shall be unlawful for any person to sell, transfer, deliver, or surrender a wild animal listed in Code Section 27-5-5 or specified by the board by regulation to any other person unless that other person holds a license or permit issued pursuant to this chapter for such wild animal or is exempt from the requirement for such a permit or license by the provisions of subsection (d) of this Code section.
(d) No wild animal license or permit shall be required for a carrier regulated either by the Interstate Commerce
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Commission, the Civil Aeronautics Board, or the Public Service Commission to import or transport any wild animal.
(e) Any licenses issued by the department to any person for public exhibition purposes shall be conditioned so that the person operating a wild animal exhibition in a nontraveling, fixed facility shall make the facility open to the public for a time no less than 30 hours per week for at least six months each year; and the person operating a wild animal exhibition in a transient facility shall make the facility open to the public for a reasonable period of time and for reasonable hours of the day, depending upon the nature of the exhibition. The department is authorized to issue such licenses in accordance with this chapter requiring adequate facilities for the humane handling, care, and confinement of wild animals and insuring public safety. Notwithstanding any other provision of this title, exhibitions of wild animals by federal, state, city, county, or municipal governments or their agencies and transient circuses, which circuses can demonstrate to the satisfaction of the department that 10 percent of the proceeds from such exhibitions shall be devoted to charitable purposes in this state, shall not be required to purchase a wild animal license but shall be required to obtain the license, at no charge, from the department; provided, however, all other provisions of this chapter and all regulations relating to the humane handling, care, and confinement of wild animals must be complied with.
(f) Each license or permit to import, transport, sell, transfer, or possess a wild animal which is listed in this subsection as being inherently dangerous to human beings shall be conditioned upon the licensee or permittee obtaining or arranging for, providing proof of, and maintaining in force and effect a liability insurance policy with an insurance company licensed and authorized to do business in this state, which covers claims for injury or damage to persons or property caused by the animal in an amount equal to $40,000.00 for each wild animal up to a maximum of $500,000.00, provided that this subsection shall not apply to federal, state, county, or municipal governments or their agencies. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company.
GEORGIA LAWS 1985 SESSION
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The following list contains those animals considered to be inherently dangerous to human beings:
(1) Class Mammalia:
(A) Order Marsupialia: Family Macropodidae: Genus Macropus (kangaroos) -- All species;
(B) Order Primates:
(i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and gorillas) -- All species;
(ii) Family Cercopithecidae:
(I) cies;
Genus Macaca (macaques) -- All spe-
(II) Genus Papio (mandrills, drills, and baboons) -- All species;
(III) Theropithecus gelada (Gelada baboon);
(C) Order Carnivora:
(i) Family Canidae:
(I) gos);
Genus Canis (wolves, jackals, and din-
(II) Chrysocyon wolf);
brachyurus
(maned
(III) Cuon alpinus (red dog);
(IV) Lycaon pictus (African hunting dog);
(ii) Family Ursidae (bears) All species;
(iii) Family Mustelidae -- Gulo gulo (wolverine);
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(iv) Family Hyaenidae (hyenas) -- All species;
(v) Family Felidae:
(I) Genus Leo or Panthera or Neofelis (lions, tigers, jaguars, and leopards) -- All species;
(II) Unica unica (snow leopard);
(III) Acinonyx jubatus (cheetah);
(IV) Felis concolor subspecie (Western cougar) -- All subspecies of Felis concolor except coryi and cougar;
(D) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses) -- All species;
(E) Order Artiodactyla:
(i) Family Suidae -- Phacochoerus aethiopicus (wart hog);
(ii) Family Hippopotamidae -- Hippopotamus amphibius (hippopotamus);
(iii) Family Bovidae:
(I) Genus Taurotragus (elands) -- All species;
(II) Boselaphus tragocamelus (nilgais);
(III) Bos sauveli (kouprey);
(IV) Syncerus caffer (African buffalo);
(V) Hippotragus niger (sable);
(VI) Oryx gazella (gemsbok);
(VII) Addax nasomaculatus (addax);
GEORGIA LAWS 1985 SESSION
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(VIII) Genus Alcelaphus (hartebeests) -- All species;
(IX) Genus Connochaetes (gnu, wildebeest);
(2) Class Reptilia:
(A) Order Crocodylia: Family Crocodylidae: -- All species;
(B) Order Squamata:
(i) Suborder Serpentes:
(I) Family Elapidae (cobras, coral snakes, etc.) -- All species except Micrurus fulvius (Eastern coral snake);
(II) Family Viperidae (adders, vipers, etc.) -- All species;
(III) Family Colubridae -- All poisonous rear-fanged species (Opisthoglypis);
(IV) Family Crotalidae (pit vipers) -- All species except Ancistrodon contortrix (copperhead), Ancistrodon piscivorous (cottonmouth), Sistrurus miliarus (pigmy rattlesnake), Crotalus horridus (timber rattlesnake), Crotalus adamanteus (Eastern diamondback rattlesnake);
(ii) Suborder Lacertilia: Family Helodermatidae (Gila monsters and beaded lizards) -- All species;
(3) Class Osteichthyes:
(A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) -- All species;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Order Siluriformes: Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus -- All species;
(4) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) -- All species;
(5) All other wild animals considered inherently dangerous to human beings as specified by regulations of the board.
(g) Any person who on May 1, 1985, possessed a wild animal which is listed in Code Section 27-5-5 or specified by the board by regulation and an appropriate license or permit from the department for such animal may continue to possess such wild animal, provided that the requirements of this chapter relating to insurance and humane handling, care, and confinement of wild animals must be complied with.
(h) Any license or permit issued in accordance with this Code section shall be valid only for the species and numbers of wild animals referenced on the application and the license or permit. It shall be unlawful to hold any other wild animals on the license or permit, including the progeny of the licensed or permitted wild animals; provided, however, the license or permit to hold a mother shall cover her progeny while the progeny are physically dependent upon her or are under two months of age, whichever period is longer. It shall also be unlawful to transfer any license or permit issued by the department from one person to another person.
(i) It shall be unlawful for any person holding a license or permit issued pursuant to this chapter to import, transport, sell, transfer, or possess any wild animal in facilities not approved by the department as described in Code Section 27-5-6.
(j) In the event that a determination has been made to revoke, suspend, deny, or refuse to renew any license or permit issued pursuant to this chapter, the applicant for the license or permit may appeal the determination according to the provisions stated in Code Section 27-2-25.
GEORGIA LAWS 1985 SESSION
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(k) It shall be unlawful for any person holding a license or permit pursuant to this chapter to import, purchase, transport, sell, or transfer any wild animal and fail to record in a record book, within 24 hours after the completion of such a transaction, the date, place, manner, and names and addresses of all persons involved in such a transaction. It shall also be unlawful to fail to maintain such records for a period of 12 months or to fail to provide the department access to such records during all regular business hours."
Section 4. Said title is further amended by striking Code Section 27-5-5, relating to wild animals for which a license or permit is required, in its entirety and substituting in lieu thereof a new Code Section 27-5-5 to read as follows:
"27-5-5. A license or permit is required for all wild animals listed in this Code section, Code Section 27-5-4, or specified by regulation of the board pursuant to either Code section.
(1) Class Mammalia:
(A) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) -- All species;
(B) Order Proboscidae (elephants) -- All species;
(2) Class Osteichthyes (bony fish):
(A) Order Cypriniformes (Sub-order Characoidei): Family Characidae (tetra, piranha):
(i) Astyanax faciatus (banded tetra);
(ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) -- All species;
(B) Order Cypriniformes (Sub-order Cyprinoidei): Family Cyprinidae (carp, grass carp, orfe, etc.):
(i) Ctenopharyngodon idella (grass carp);
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) Hypophthalmichthys molitrix (silver carp);
(iii) Aristichthys nobilis (bighead carp);
(C) Order Siluriformes:
(i) Family Clariidae (air-breathing catfishes) -- All species;
(ii) Family Trichomyceteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus -- All species;
(iii) Family Heteropneustidae (giant walking catfishes): Genus Heteropneustes -- All species;
(D) Order Perciformes (Suborder Channoidei): Family Channidae (snakeheads): Genera Ophicephalus and Channa -- All species;
(3) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) -- All species;
(4) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, 'aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste-water treatment system permitted by the Environmental Protection Division of the department;
(5) All other wild animals specified by regulation of the board."
Section 5. Said title is further amended by striking subsection (b) of Code Section 27-5-8, relating to the seizure of wild animals as contraband, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
GEORGIA LAWS 1985 SESSION
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"(b) When any peace officer authorized to enforce this chapter has seized as contraband any wild animal, he shall deliver the same to the department. To recover such wild animal, the owner or the person in possession of the wild animal at the time of seizure may file, in the state or superior court having jurisdiction in the county where the seizure was made, a civil action against the State of Georgia, Department of Natural Resources, within 30 days following such seizure. The person filing the action shall have the burden of proof of showing that the wild animal was not held in violation of this title, and the action shall be tried as other civil cases in such court. The wild animal for which the action has been filed shall be held pending the resolution of the action. Reasonable charges for storage shall be paid to the department by the owner and the person in possession of the wild animal at the time of seizure unless it is determined that the seizure was unlawful."
Section 6. Said title is further amended by striking subsection (b) of Code Section 27-5-9, relating to the seizure of wild animals pursuant to an administrative order, in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In the event that any person is adversely affected by a seizure pursuant to an administrative order or emergency administrative order issued by the department, such person shall be entitled to appeal such order pursuant to subsection (d) of Code Section 27-1-37.
(c) Any wild animal seized under this Code section shall be held until the expiration of the time for filing any administrative appeal and, if such an appeal is filed, pending the resolution of this appeal. Reasonable charges for storage shall be paid to the department by the owner and the person in possession of the wild animal at the time of seizure unless it is determined that the seizure was unlawful."
Section 7. Said title is further amended by adding at the end of Chapter 5, relating to wild animals, a new Code Section 27-5-11 to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"27-5-11. (a) As used in this Code section, the term 'auction' means a public or private sale of wild animals to the highest bidder.
(b) No person shall conduct an auction of wild animals without first obtaining a wild animal auction license from the department. Such license shall be good only for a specific auction of not more than seven days in duration at a single location.
(c) All applications for a wild animal auction license shall include:
(1) A $5,000.00 wild animal auction license fee which shall be refunded if the application is denied;
(2) A cash bond or surety bond issued by a surety company authorized to do business in this state in the amount of $50,000.00 made payable to the commissioner and conditioned upon the applicant's conducting the auction in accordance with this chapter, any regulations issued by the board pursuant to this chapter, and the terms and conditions of the applicant's wild animal auction license;
(3) A description by species and number of the wild animals to be sold at auction and plans of the facilities to be used to house such wild animals which include an explanation of which facilities are to house which animals;
(4) A certificate or policy of insurance issued to the auctioneer and the owner of the auction facilities meeting all the requirements of subsection (f) of Code Section 27-5-4 if any wild animals inherently dangerous to human beings are to be sold at auction;
(5) A description of facilities to be provided for the obtainment of any insurance required by subsection (f) of Code Section 27-5-4 for persons who buy wild animals at the auction and an affidavit from an officer or agent of such an insurer that it is ready, willing, and able to provide such insurance;
GEORGIA LAWS 1985 SESSION
925
(6) Authorization for the department to inspect the proposed facilities for the auction prior to a determination on the application and, if the application is granted, at any time thereafter until all wild animals have been removed from the premises of the auction;
(7) Copies of all materials to be distributed to the public or potential participants about the auction; and
(8) Such other information as the commissioner deems necessary for the department to discharge its responsibilities under this Code section.
(d) No application for a wild animal auction license shall be considered unless it is filed and completed at least 60 days prior to the proposed auction. The department shall have 30 days to respond to a completed application.
(e) All other provisions of this chapter, including, without limitation, those relating to licensing, insurance, humane handling, care, confinement and transportation of wild animals, and seizure and disposal of wild animals shall be applicable to a wild animal auction and any participants therein."
Section 8. This Act shall become effective on May 1,1985.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
MENTAL HEALTH -- COURT ORDERS FOR EXAMINATION OF ALLEGEDLY MENTALLY RETARDED PERSONS; PROCEDURES.
Code Sections 37-4-40 and 37-4-42 Amended.
No. 598 (House Bill No. 313).
AN ACT
To amend Part 2 of Article 2 of Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to court ordered services in connection with habilitation of the mentally retarded, so as to change the provisions relating to court orders for examination of allegedly mentally retarded persons by comprehensive evaluation teams, reports by such teams, and proceedings and procedures following such examinations; to correct certain cross-references; 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 37 of the Official Code of Georgia Annotated, relating to court ordered services in connection with habilitation of the mentally retarded, is amended by striking Code Section 37-4-40, relating to the filing of petitions with courts for the according of programs of services to mentally retarded persons and examinations of such persons by comprehensive evaluation teams, and inserting in lieu thereof a new Code Section 37-4-40 to read as follows:
"37-4-40. (a) Any person may file a petition for a court ordered program of services from the department for a mentally retarded citizen of this state. Such petition shall be executed under oath in the court of the county in which the allegedly mentally retarded person is a resident or where such person is found. The petition shall assert that the petitioner believes that the client is mentally retarded and (1) that the petitioner is the parent, guardian, or person standing in loco parentis of the client for whom habilitative services are being sought and that the petitioner is unable to
GEORGIA LAWS 1985 SESSION
927
obtain adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2-131 to meet the needs of the client or (2) that the petitioner believes that the parent, guardian, or person acting in loco parentis has failed or is unable to secure adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 202-131 to meet the needs of the client. The petition shall set forth the alleged facts upon which the above assertions are based, the names and addresses, if known, of any witnesses who can allege relevant facts, and, if known, the names and addresses of the nearest relatives and the guardian, if any, of the client.
(b) The court shall review the petition filed under subsection (a) of this Code section; and if the court finds reasonable cause to believe that the client might be mentally retarded and is not receiving adequate and appropriate care, training, education, habilitation, or other specialized services, the court shall issue an order within 72 hours of the filing of the petition that the client be examined by a comprehensive evaluation team. Notice of said order shall be sent to the client and his two representatives, who shall be appointed by the court, as provided in Code Section 37-4-107. If the client and his representatives fail to comply with the order for evaluation within five days, Saturdays, Sundays, and holidays excluded, after the date set by the order for the client to be evaluated, the comprehensive evaluation team shall notify the court of the failure to appear, along with the alleged factual situation which is the cause for noncompliance; and the court may take appropriate action to facilitate the attendance of the client before the comprehensive evaluation team. The evaluation of the client shall be performed in the least restrictive environment possible. The court may issue subpoenas for witnesses to appear before such team; and, on their failure to appear, the court may take the same steps to compel attendance as if the proceedings were before the court.
(c) The comprehensive evaluation team shall file its written report with the court within ten days after examining the client, with dissenting opinions, if any. If a majority of the team concludes that the client is mentally retarded
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and that he should be ordered to receive services from the department because he is in need of appropriate care, training, education, habilitation, or other specialized services other than that which he is then receiving, the report submitted by the evaluation team shall be in the form of an individualized program plan for the allegedly mentally retarded person.
(d) If a majority of the evaluation team does not find the allegedly mentally retarded person to be mentally retarded and in need of being ordered to receive such services from the department or if a majority of the comprehensive evaluation team finds the client to be a mentally retarded person in need of court ordered services from the department, the court shall set a hearing on the petition and shall serve notice of such hearing on the petitioner, on the prospective client, and on his representatives or guardian as provided in Code Section 37-4-107; and such notice shall be served within 72 hours after the filing of the report by the evaluation team. Such notice shall be accompanied by:
(1) A copy of the petition;
(2) A notice that the client has a right to counsel and that the client or his representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that he will have retained counsel by the time set for hearing or waives his right to counsel;
(3) A copy of the individualized program plan developed by the evaluation team under subsection (c) of this Code section; and
(4) A notice that the client has a right to be examined by a comprehensive evaluation team of his own choice at his own expense and to have that team submit a suggested individualized program plan for the client which conforms with the requirements of paragraph (9) of Code Section 37-4-2.
The hearing shall be held no sooner than ten days and no later than 15 days, Saturdays, Sundays, and holidays ex-
GEORGIA LAWS 1985 SESSION
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cepted, after the date the evaluation team report is filed. The court shall grant a continuance upon application by the client or his representatives, if necessary to permit preparation for the hearing.
(e) If after a full and fair hearing the court finds that the client is not mentally retarded or that he is not in need of care, training, education, habilitation, or other specialized services other than that which he is then receiving, the court shall dismiss the petition. If the court finds that the client is mentally retarded and is in need of such additional services, the department shall recommend a habilitative program for the client, based upon the individualized program plans submitted, which is an alternative to care in a facility. If the court finds that such an alternative program is available and that such program presents a reasonable expectation of accomplishing the stated goals of the individualized program plan adopted by the court, the court shall order the client to comply with the plan and shall issue appropriate orders to implement the plan. If the court concludes from the evidence that the least restrictive available alternative which would accomplish the goals of the plan is for the client to be admitted to a facility, the court shall not order such admission unless it further specifically finds that:
(1) The client requires direct medical services;
(2) The client needs 24 hour training in a residential care facility; and
(3) The court has been notified by the department that a bed appropriate to the specific needs of the client is available and that the services indicated in the individualized program plan submitted to the court by the comprehensive evaluation team or by the client can be provided.
(f) If the court shall find, based upon the evidence and the program plan adopted, that the accomplishment of the goals for the client requires some limited period of residence in a facility followed by a community services program, then the court shall issue appropriate orders. The court may order that any client admitted under this Code section remain
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GENERAL ACTS AND RESOLUTIONS, VOL. I
in a facility for any period not to exceed six months, subject to the power of the superintendent to discharge the client under Code Section 37-4-44. If continued care as a resident in a facility is thought by the person in charge of the client's habilitation to be necessary at the end of such six-month period, the person in charge of that client's habilitation shall apply for an order under Code Section 37-4-42 authorizing such continued care in the facility. In any case in which the court orders the client to receive services from the department, the court shall make findings of fact and conclusions of law in support of and as part of such order."
Section 2. Said part is further amended by striking subsection (h) of Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) If a hearing is requested within 15 days after service of the petition on the client and his representatives or if the hearing examiner orders a hearing pursuant to subsection (g) of this Code section, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request, but, in any event, no later than the day on which the current order for habilitation expires. Notice of the hearing shall be served on the client, his representatives, the facility, and, when appropriate, on counsel for the client. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing, except that the client's attorney, when the client is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the client not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsection (e) of Code Section 37-4-40, provided that the hearing examiner may order the client's continued habilitation for a period not to exceed one year, subject to the power of the superintendent to discharge the client under subsection (b) of Code Section 37-4-44."
GEORGIA LAWS 1985 SESSION
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
REVENUE AND TAXATION -- GARNISHMENT FOR COLLECTION OF TAXES, FEES, PENALTIES, ETC.
Code Section 48-2-55 Amended.
No. 599 (House Bill No. 341).
AN ACT
To amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy to collect taxes, so as to provide for the use of garnishment by the state revenue commissioner or his representative to collect any tax, fee, license, penalty, interest, or collection costs; to 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 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy to collect taxes, is amended by changing subsection (b) to read as follows:
"(b) The commissioner or his authorized representative may attach the property of a delinquent taxpayer on any ground provided by Code Section 18-3-1 or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax. The commissioner or his authorized representative may use garnishment to collect any tax, fee, license, penalty, interest, or collection costs due the state
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which are imposed by this title or which the commissioner or the department is responsible for collecting under any other law. Garnishment may be issued by the commissioner in the same manner as provided for the issuance of garnishment by tax collectors or tax commissioners in Chapter 3 of this title."
Section 2. This Act shall become effective upon July 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
PROBATE COURTS -- MINIMUM SALARIES FOR JUDGES.
Code Sections 15-9-63 and 15-9-64 Amended.
No. 600 (House Bill No. 343).
AN ACT
To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to change the provisions relating to compensation of judges of the probate courts; to change the provisions relating to compensation of judges of the probate courts of any county, presently on a salary, who also hold and conduct elections or are responsible for traffic cases; to provide that in certain counties military personnel shall not be counted in determining the population of the county; to change the provisions relating to supplements to the minimum salaries of the judges of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-63, relating to minimum salaries for judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows:
"15-9-63. (a) (1) Except as provided in paragraph (2) of this subsection, any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1970 or any future such census; provided, however, that, in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the 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 judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:
Population 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 -- 294,999 295.000 or more.....
Minimum Salary $ 11,485.00 15,935.00 17,967.00 20,100.00 22,893.00 24,756.00 26,755.00 32,492.00 40,245.00 44,000.00
(2) Each such judge of the probate court shall receive an annual salary beginning on January 1, 1987, payable in equal monthly installments from the funds of his
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 -- 294,999 295.000 or more
Minimum Salary ......... $ 13,885.00
18,335.00 20,367.00 22.500.00 24,893.00 ......... 26,256.00 28,255.00 33,992.00 41,745.00 45.500.00
(b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government."
Section 2. Said chapter is further amended by striking in its entirety Code Section 15-9-64, relating to supplements to the minimum salaries of judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-64 to read as follows:
"15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $200.00 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $250.00 per month."
GEORGIA LAWS 1985 SESSION
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Section 3. This Act shall become effective July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
INSURANCE -- MOTOR VEHICLE PRIVATE LINES INSURANCE POLICIES; DEATH OR DIVORCE OF INSURED;
SPOUSE'S COVERAGE.
Code Section 33-34-15 Enacted.
No. 601 (House Bill No. 346).
AN ACT
To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, so as to provide that a private lines insurance policy covering a private passenger motor vehicle shall contain, or be deemed to contain, a provision that, in the event of the death of the named insured or termination of such insured's marital relationship, the spouse of such insured shall continue to be covered for 90 days or until the policy term expires, whichever is shorter; 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. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, is amended by adding a new Code Section 33-34-15 to read as follows:
"33-34-15. Upon the death of or termination of the marital relationship of a named insured under a personal lines
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GENERAL ACTS AND RESOLUTIONS, VOL. I
policy of insurance covering a private passenger motor vehicle, a spouse of said named insured who was covered under said policy of insurance immediately prior to the death or termination of the marital relationship shall upon notice to the insurer or agent of the insurer continue to be covered under said policy for a period of 90 days following such death or termination of marital relationship or until the expiration of the policy term, whichever is shorter. Every personal lines policy of insurance covering a private passenger motor vehicle shall contain a provision providing the coverage required by this Code section; and in the absence of such a provision in such a policy the policy shall be deemed to contain such a provision."
Section 2. This Act shall become effective January 1,1986, and shall apply to all motor vehicle insurance policies issued or renewed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
FIRE PROTECTION AND SAFETY -- LANDMARK MUSEUM BUILDINGS.
Code Section 25-2-13 Amended.
No. 602 (House Bill No. 368).
AN ACT
To amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to change the definition of the term "landmark museum building"; to change the provisions relating to requirements of landmark museum buildings; to provide an
GEORGIA LAWS 1985 SESSION
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effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Landmark museum building' means a historic building or structure used as an exhibit of the building or structure itself which exhibits a high degree of architectural integrity and which is open to the public not fewer 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 this Code section. Landmark museum buildings must be so designated by the state historic preservation officer pursuant to rules and regulations adopted by the Board of Natural Resources."
Section 2. Said Code section is further amended by striking in their entirety subparagraphs (CXviii) and (C)(ix) of paragraph (3) of subsection Ob) and inserting in lieu thereof new subparagraphs (CXviii) and (C)(ix) to read as follows:
"(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 professional engineer. 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; and
(ix) The electrical, heating, and mechanical systems of landmark museum buildings shall be inspected and any con-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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."
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, 1985.
FAIR BUSINESS PRACTICES ACT -- HEALTH SPAS; CONTRACTS; BONDS.
Code Sections 10-1-392 and 10-1-393 Amended.
No. 603 (House Bill No. 370).
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa; to provide that a contract which has a term in excess of 36 months shall not be valid under certain circumstances; to change the amounts of certain required bonds; to provide certain exemptions from bonding for health spas; to provide for forms for the submission of certain required information; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 1985 SESSION
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Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," is amended by striking paragraph (6) of subsection (a) of Code Section 10-1392, relating to definitions regarding fair business practices, and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following:
(A) Any nonprofit organization;
(B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or
(C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility."
Section 2. Said part is further amended by striking subsection (b) of Code Section 10-1-393, relating to certain unfair or deceptive acts or practices, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful:
(1) Passing off goods or services as those of another;
(2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another;
(4) Using deceptive representations or designations of geographic origin in connection with goods or services;
(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand;
(7) Representing that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another;
(8) Disparaging goods, services, or business of another by false or misleading representation;
(9) Advertising goods or services with intent not to sell them as advertised;
(10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions;
(12) Failing to comply with the following provisions concerning health spas:
(A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be fur-
GEORGIA LAWS 1985 SESSION
941
nished 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 has a term 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 consumer's use of the facilities or receipt of its services;
(C) The contract shall state clearly on its face the cancellation 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 executed 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 mem-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ber 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 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 permanently 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 -- $20,000.00; four to six locations -- $40,000.00; seven to nine locations -- $60,000.00; ten to 12
GEORGIA LAWS 1985 SESSION
943
locations -- $80,000.00; and 13 or more locations -- $100,000.00. 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 contracts 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 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 irrevocable 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 subparagraph. 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
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 subparagraph, 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 protection for consumers equal to that contained in the bond or in the irrevocable letter of credit;
(iv) A health spa shall be excluded from the provisions of this subparagraph requiring a bond or an irrevocable letter of credit if all payments for which the consumer is obligated at any one time, including, but not limited to, down payments, enrollment fees, membership fees, or any other direct payments to the health spa do not exceed $100.00 and if the term of the contract, including but not limited to any complimentary, compensatory, or other extensions of the term incident to the contract, does not exceed three months;
(v) A health spa shall also be excluded from the provisions of this subparagraph requiring a
GEORGIA LAWS 1985 SESSION
945
bond or an irrevocable letter of credit if it meets all of the following requirements:
(I) The written contract used contains the following clause: 'Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location within 15 miles.';
(II) All payments due under the contract must be in equal monthly installments spread over the entire term of the contract;
(III) There can be no payments of any type, including but not limited to down payments, enrollment fees, membership fees, or any other direct payment to the health spa, other than the monthly installment payments; and
(IV) There are no complimentary, compensatory, or other extensions of the term incident to the term of the contract;
(vi) The administrator is authorized to prescribe forms for the submission of information by health spas for the purpose of determining compliance with this subparagraph. Any material misrepresentation or failure to disclose material information on forms prescribed by the administrator shall constitute a misdemeanor;
(I) In addition to any other penalties provided for in this part, any health spa operator violating the provisions of subparagraph (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
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 member's estate seeking relief under this subparagraph to provide reasonable 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;
(13) Failure to comply with the following provisions concerning career consulting firms:
(A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm;
(B) The contract or an attachment thereto shall contain a statement in boldface type which complies substantially with the following:
'The provisions of this agreement have been fully explained to me and I understand that the services to be provided under this agreement by the seller do not include actual job placement.'
The statement shall be signed by both the consumer and the authorized representative of the seller;
(C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: 'A career consulting firm does not guarantee actual job placement as one of its services.';
GEORGIA LAWS 1985 SESSION
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(14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his legal representative, not later than six business days after the date of such discharge, an itemized statement of all charges for which the patient or third-party payor is being billed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
BUSINESS OPPORTUNITIES -- BUYER'S RIGHT TO CANCEL SALE IF SELLER FAILS TO REGISTER WITH THE
ADMINISTRATOR.
Code Section 10-1-416 Amended.
No. 604 (House Bill No. 371).
AN ACT
To amend Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to purchaser's remedies, restraining violations, violations which constitute an unfair or deceptive act, and penalties for violations, so as to provide that purchasers of business opportunities shall have one year to cancel for failure of the seller to register with the administrator; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to purchaser's remedies, restraining violations, violations which constitute an unfair or deceptive
948
GENERAL ACTS AND RESOLUTIONS, VOL. I
act, and penalties for violations, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) of Code Section 10-1-416 to read as follows:
"(a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity; or fails to give the proper disclosures in the manner required by Code Section 10-1-411; or fails to deliver the equipment, supplies, or products necessary to begin substantial operation of the business within 45 days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of Code Section 10-1-415, or if the business opportunity seller has not registered with the administrator as required in Code Section 10-1-413, then, within one year of the date of the contract, upon written notice to seller, the purchaser may void the contract and shall be entitled to receive from the business opportunity seller all sums paid to the business opportunity seller. Upon receipt of such sums, the purchaser shall make available to the seller at purchaser's address or at the places at which they are located at the time notice is given all products, equipment, or supplies received by the purchaser. However, the purchaser shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
949
STATE SPACE MANAGEMENT ACT -- "ADMINISTRATIVE SPACE" REDEFINED; AGREEMENTS TO RENT OR LEASE.
Code Sections 50-5-31 and 50-5-32 Amended. No. 605 (House Bill No. 436). AN ACT
To amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State Space Management Act of 1976," so as to redefine the term "administrative space" for purposes of said article; to provide that the Department of Administrative Services may enter into any necessary agreements for administrative space; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State Space Management Act of 1976," is amended by striking paragraph (1) of Code Section 50-5-31, relating to definitions of terms used in said article, and inserting in its place a new paragraph (1) of Code Section 505-31 to read as follows:
"(1) 'Administrative space' means any space, whether existing or to be constructed, that is required by a state agency for office, storage, or special purposes. In order to be required, the space must be necessary for and utilized in either (A) the performance of the duties that the state agency is obligated by law to perform or (B) the delivery of the services that the state agency is authorized or required by law to provide. Administrative space does not include the space within or on the following properties; provided, however, such space was not acquired and will not be acquired by a rental agreement or arrangement the initial term of which is for a period of five years or less:
(A) The state capitol. The space utilization of the state capitol shall be as provided by law;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) The executive center (Governor's mansion). The space utilization of the executive center (Governor's mansion) shall be as provided by law;
(C) Space utilized by the legislative and judicial branches of the state government. The utilization of space by those branches of the state government shall be as provided by law;
(D) Space in buildings located on and used in direct support of any institution of higher education under the custody, management, control, or supervision (hereinafter for convenience in this article referred to as jurisdiction) of the Board of Regents of the University System of Georgia;
(E) Space in buildings located on and used in direct support of any game preserve, wildlife refuge, or fish hatchery under the jurisdiction of the Department of Natural Resources;
(F) Space in buildings located on and used in direct support of any part of the system of state parks and historic sites under the jurisdiction of the Department of Natural Resources;
(G) Space in buildings used in direct support of the construction and maintenance of the state highway system, i.e., maintenance barns, equipment sheds, and district offices, under the jurisdiction of the Department of Transportation;
(H) Space in buildings located on and used in direct support of any penal institution under the jurisdiction of the Department of Offender Rehabilitation;
(I) Space in buildings located on and used in direct support of any state patrol post under the jurisdiction of the Department of Public Safety;
(J) Space in buildings located on and used in direct support of any farmer's market under the jurisdiction of the Department of Agriculture;
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(K) Space in buildings located on and used in direct support of any hospital, rehabilitation center, school for the handicapped, or other mental or physical health care institution under the jurisdiction of the Department of Human Resources;
(L) Space in buildings located on and used in direct support of any forestry unit under the jurisdiction of the State Forestry Commission;
(M) Space in buildings located on and used in direct support of vocational education schools, schools for the deaf, or the educational television network under the jurisdiction of the State Board of Education;
(N) Space in buildings located on and used in direct support of any welcome center or rest station under the jurisdiction of the Tourist Division of the Department of Industry and Trade;
(O) Space in buildings located on and used in direct support of armories or other military installations under the jurisdiction of the Department of Defense; or
(P) Any real properties under the jurisdiction of the State Properties Commission."
Section 2. Said article is further amended by striking subsection (b) of Code Section 50-5-32, relating to management of utilization of administrative space, and inserting in its place a new subsection (b) of Code Section 50-5-32 to read as follows:
"(b) The management of the utilization of administrative space by the department shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed and shall include administrative space rented or leased by a state agency from the Georgia Building Authority or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the department and assigned to the state agency or agencies requiring the space."
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Section 3. This Act shall become effective July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
PERSONAL CARE HOMES ^LICENSES; CRIMINAL RECORD CHECKS; PENALTIES; IMMUNITY FROM
LIABILITY.
Code Section 31-7-12 Amended.
Code Sections 31-7-250 through 31-7-264 Enacted.
No. 606 (House Bill No. 461).
AN ACT
To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to define the role of county boards of health regarding certain functions relating to personal care homes; to provide for definitions; to provide for criminal records checks and determinations based thereon for directors and employees of personal care homes; to provide additional standards for licensure; to prohibit the employment of directors or employees determined to have criminal records; to provide for termination of employees and directors of such homes; to provide for cooperation among certain state agencies, departments, and law enforcement agencies and require the furnishing of certain information thereby and provide for fees therefor; to prohibit certain conduct and provide penalties therefor; to require employment histories; to provide for immunity from liability; to provide for administrative and other review of certain determinations and actions based thereon; to provide that certain requirements shall be supplemental; to provide for administration and regulations; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
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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 of hospitals and related institutions, is amended by striking subsection (c) of Code Section 31-7-12, relating to definitions of personal care homes, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding 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."
Section 2. Said chapter is further amended by adding at the end thereof a new Article 11 to read as follows:
"ARTICLE 11
31-7-250. As used in this article, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.
(2) 'Crime' means a violation of Code Section 165-21, relating to aggravated assault; a violation of Code Section 16-5-24, relating to aggravated battery; a violation of Code Section 16-6-1, relating to rape; a violation of Code Section 16-8-2, relating to theft by taking; a violation of Code Section 16-8-3, relating to theft by deception; a violation of Code Section 16-8-4, relating to theft by conversion; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; a violation of Code Section 16-8-40, relating to robbery; a violation of Code Section 16-8-41, relating to armed robbery; or any other offense commit-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ted in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.
(3) '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 ofguilt pursuant to the charge was granted; or
(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or
(C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
(4) 'Director' means the chief administrative or executive officer or manager of a facility.
(5) 'Employee' means any person, other than a director, employed by a personal care home to perform at any facilities of the personal care home any duties which involve personal contact between that person and any paying resident of the personal care home.
(6) 'Facility' means real property of a personal care home where residents reside.
(7) 'Fingerprint records check determination' means a satisfactory 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.
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(8) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
(9) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30.
(10) 'License' means the permit or document issued by the department to authorize the personal care home to which it is issued to operate a facility under this chapter.
(11) 'Personal care home' or 'home' means a home required to be licensed or permitted under Code Section 31-7-12.
(12) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department.
(13) 'Preliminary records check determination' means a satisfactory 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.
(14) 'Records check application' means two sets of classifiable fingerprints, a records search fee of not more than $12.00, payable in such form as the department may direct to cover the cost of a fingerprint 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) 'Regular license' means a permit which will remain in effect for the home, until and unless the facility ceases to operate or revocation proceedings are commenced.
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(16) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record.
(17) 'Temporary license' means a provisional permit which expires six months or 12 months from the date of issuance, unless extended for good cause by the department.
(18) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record.
31-7-251. On and after July 1, 1985, 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.
31-7-252. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check application for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received a satisfactory fingerprint records check determination and each employee received a satisfactory preliminary records check determination. 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 and preliminary records check application submitted thereto by the department; and the department shall make a written determination based upon that records check.
31-7-253. After being furnished the required records check application and preliminary records check application under Code Section 31-7-252, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's preliminary records check was satisfactory or unsatisfactory. If the preliminary
GEORGIA LAWS 1985 SESSION
957
records check determination was satisfactory as to the director and each employee of an applicant's 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 applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 31-7-252 and this Code section to obtain a preliminary records check for that newly designated director. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. The applicant may not be issued a temporary license for that facility until the department has determined under the procedures of Code Section 31-7-252 and this Code section that the director and each employee has a satisfactory preliminary records check determination.
31-7-254. After issuing a temporary license based upon a satisfactory preliminary records check determination of the director and each employee under Code Section 31-7253, the department shall transmit to GCIC both sets of fingerprints and the records search fee from that director's 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 75 days after receiving fingerprints acceptable to GCIC, the application, 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.
31-7-255. After receiving a GCIC notification regarding a director's fingerprint records check under Code Section 31-7-254, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the fingerprint records check determination was satisfactory as to the director of an applicant's facility and each
958
GENERAL ACTS AND RESOLUTIONS, VOL. I
employee of that facility has received a satisfactory preliminary records check, that applicant may be issued a regular license for that facility. If the fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility, for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination, and proceed under the requirements of Code Sections 31-7-252 through 31-7-255 to obtain a preliminary records check and fingerprint records check determination for the newly designated director. The applicant may not be issued a regular license for that facility until the facility director has a satisfactory fingerprint records check determination and each employee has a satisfactory preliminary records check determination.
31-7-256. All licenses issued to facilities prior to July 1,1985, shall expire December 31,1985. Upon the expiration of any license issued prior to July 1,1985, the personal care home to which such license was issued shall be required to obtain a separate license for each of the personal care home's 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 that facility qualifies for a regular license, unless that facility submits evidence, satisfactory to the department, that within the immediately preceding 12 months the director received a satisfactory fingerprint records check determination and each employee received a satisfactory preliminary records check determination, in which event that facility may be issued a regular license without first having to obtain a temporary license. A temporary or regular 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, 1985, by a personal care home already licensed in this state shall be required to have a new license issued pursuant to Code Sections 31-7-251 through 31-7-255.
31-7-257. After a temporary license is issued to an existing facility pursuant to Code Section 31-7-256, the personal care home to whom the license was issued shall furnish to
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the department a fingerprint records check application for the director and a preliminary records check application for each employee of each of the personal care home's facilities for which a temporary license was issued. After receiving those applications, the department shall proceed to have made records check determinations based upon such applications and may only issue a regular license to any such facility under the conditions and procedures provided in Code Sections 31-7-252 through 31-7-255.
31-7-258. (a) If the director of a facility which has been issued a regular license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may 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 or fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether a satisfactory or unsatisfactory preliminary or fingerprint records check determination has ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had a satisfactory fingerprint 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.
(b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or fingerprint records check determination of the newly designated director, the personal care home and that director shall be notified thereof. The license for that director's facility shall be indefinitely suspended unless the personal care home designates another director for whom it has not received or made an unsatisfactory preliminary or fingerprint records check determination and pro-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ceeds 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 records check determination regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the personal care home. The personal care home shall furnish to the department the records check application of the newly designated director or the license of that facility shall be indefinitely suspended. If that records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory preliminary records check determination regarding the newly designated director, the department shall perform a preliminary records check and determination of the newly designated director; and the applicant and that director shall be notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a fingerprint records check and determination for that director as provided in Code Sections 31-7-254 and 317-255. If that determination is satisfactory, the personal care home and director for whom the determination was made shall be so notified, 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.
31-7-259. (a) Before a person may become an employee of any facility after that facility has received a temporary or regular license, that facility shall require that person to furnish to the department a preliminary records check application, and the department shall, under the procedures of Code Sections 31-7-252 and 31-7-253, have made a preliminary records check determination and sent notice thereof to the facility and employee. If the determination is unsatisfactory, the facility shall take such steps as are necessary so that such person is no longer an employee.
(b) Both temporary and regular licenses are subject to suspension or revocation or the department may refuse to issue a regular license if a person becomes a director or
GEORGIA LAWS 1985 SESSION
961
employee subsequent to the granting of a license and that person does not undergo the records checks applicable to that director or employee and receive a satisfactory determination.
(c) After the issuance of a regular or temporary license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when an unsatisfactory preliminary records check is received, when subsequent to a preliminary records check the department has reason to believe the applicant has a criminal record, or during the course of an abuse investigation involving the director or employee.
(d) No personal care home may have any person as an employee after January 1, 1986, unless there is on file in the personal care home an employment history for that person.
(e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor.
31-7-260. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint 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 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.
31-7-261. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have
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GENERAL ACTS AND RESOLUTIONS, VOL. I
any liability for defamation, 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, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good-faith action thereby pursuant to the requirements of this article.
31-7-262. The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.
31-7-263. A determination by the department regarding preliminary or fingerprint 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 constitute 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 expeditiously after such determination or action by the department.
31-7-264. The department is authorized to provide by regulation for the administration of this article."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
963
CHILD CARE CENTERS, HOMES, AND INSTITUTIONS -- CRIMINAL RECORDS CHECK; LICENSES.
Code Sections 49-5-60 through 49-5-74 Amended.
No. 607 (House Bill No. 462). 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 reenact Article 3 thereof, relating to criminal records checks and determinations based thereon for certain centers, homes, and institutions which care for children; to change definitions; to change certain procedures and requirements regarding criminal records checks and determinations for employees and directors of centers which provide care for children; to change the conditions for the granting of temporary and annual licenses; to provide for termination of employees and directors of such centers; to change certain time limitations and provide for regulatory change of time limitations; to provide for suspension or revocation of center licenses under certain conditions; to provide for annual licenses; to authorize additional records checks by the department; to require employment histories; to provide for penalties; to provide for administration and regulations; 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 striking Article 3 of said chapter, relating to criminal records checks for day-care centers, and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
49-5-60. As used in this article, the term:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) 'Annual license' means a license which expires one year from the date of issuance but which may thereafter be renewed for like periods.
(2) 'Center' means a day-care center, group day-care home, family day-care home, or child-caring institution which is required to be licensed or registered under Article 1 of this chapter.
(3) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.
(4) 'Crime' means a violation of Code Section 16-523, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating 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, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16, relating to controlled substances; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph.
(5) '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;
GEORGIA LAWS 1985 SESSION
965
provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or
(iii) Adjudication or sentence was otherwise withheld 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 any other offense committed in another jurisdiction which, if it were 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, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
(6) 'Director* means the chief administrative or executive officer of a facility.
(7) 'Employee* means any person, other than a director, employed by a center to perform at any of the center's facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center.
(8) 'Employment history' means a record of where a person has worked for a period of ten years prior to becoming an employee of the center.
(9) 'Facility* means a center's real property at which children are received for care.
(10) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by
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GENERAL ACTS AND RESOLUTIONS, VOL. I
the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application.
(11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
(12) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30.
(13) 'License' means the document issued by the department to authorize the center to which it is issued to operate a facility under this chapter.
(14) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department.
(15) 'Preliminary records check determination' means a satisfactory 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.
(16) 'Records check application' means two sets of classifiable fingerprints, a records search fee of not more than $12.00, payable in such form as the department may direct to cover the cost of a fingerprint 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.
(17) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record.
(18) 'Temporary license' means a license which expires 90 days from the date of issuance, unless extended for good cause by the department.
GEORGIA LAWS 1985 SESSION
967
(19) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record.
49-5-61. On and after July 1, 1985, 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 and a preliminary records check application for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received a satisfactory fingerprint records check determination and each employee received a satisfactory preliminary records check determination. 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 and preliminary records check application submitted thereto by the department, and the department shall make a written determination based upon that records check.
49-5-63. After being furnished the required records check application and preliminary records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's preliminary records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director and each employee of an applicant's 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 applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-62 and this Code section to obtain a preliminary records check for that newly designated director. If the deter-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
mination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. The applicant 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 director and each employee has a satisfactory preliminary records check determination.
49-5-64. After issuing a temporary license based upon a satisfactory preliminary records check determination of the director and each employee under Code Section 49-563, the department shall transmit to GCIC both sets of fingerprints and the records search fee from that director's 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 75 days after receiving fingerprints acceptable to GCIC, the application, 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. After receiving a GCIC notification regarding a director's fingerprint records check under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the fingerprint records check determination was satisfactory as to the director of an applicant's facility and each employee of that facility has received a satisfactory preliminary records check determination, that applicant may be issued an annual license for that facility. If the fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility, for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 49-5-62 through 49-5-65 to obtain a preliminary records check and fingerprint records
GEORGIA LAWS 1985 SESSION
969
check determination for the newly designated director. The applicant may not be issued an annual license for that facility until the facility director has a satisfactory fingerprint records check determination and each employee has a satisfactory preliminary records check determination.
49-5-66. Upon the expiration of any license issued prior to July 1, 1985, the center to which such license was issued shall be required to obtain a separate license for each of the center's 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 that facility qualifies for an annual license, unless that center submits evidence, satisfactory to the department, that within the immediately preceding 12 months the director received a satisfactory fingerprint records check determination and each employee received a satisfactory preliminary records check determination, in which event that facility may be issued an annual license without first having to obtain a temporary license. A temporary or annual 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 1,1985, by a center already licensed in this state shall be required to have a new license issued pursuant to Code Sections 495-61 through 49-5-65.
49-5-67. After a temporary license is issued to an existing facility pursuant to Code Section 49-5-66, the center to whom the license was issued shall furnish to the department a fingerprint records check application for the director and a preliminary records check application for each employee of each of the center's facilities for which a temporary license was issued. After receiving those applications, the department shall proceed to have made records check determinations based upon such applications and may only issue an annual license to any such facility under the conditions and procedures provided in Code Sections 49-5-62 through 49-565.
49-5-68. (a) If the director of a facility which has been issued an annual license ceases to be the director of that facility, the licensee shall thereupon designate a new direc-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tor. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may 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 or fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether a satisfactory or unsatisfactory preliminary or fingerprint records check determination has ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had a satisfactory fingerprint 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.
(b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or fingerprint records check determination of the newly designated director, the center and that director shall be notified thereof. The license for that director's facility shall be indefinitely suspended unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or fingerprint 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 records check determination regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the records check application of the newly designated director 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, unless the department has within the immediately preceding 12 months made a satisfactory preliminary records check determination regarding the newly designated
GEORGIA LAWS 1985 SESSION
971
director, the department shall perform a preliminary records check and determination of the newly designated director; and the applicant and that director shall be notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a fingerprint records check and determination for that director as provided in Code Sections 49-5-64 and 49-5-65. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified 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.
49-5-69. (a) Before a person may become an employee of any facility after that facility has received a temporary or annual license, that facility shall require that person to furnish to the department a preliminary records check application. The department shall, under the procedures of Code Sections 49-5-62 and 49-5-63, make a preliminary records check determination and send notice thereof to the facility and employee. If the determination is unsatisfactory, the facility shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee.
(b) Both temporary and annual licenses are subject to suspension or revocation and the department may refuse to issue an annual license if a person becomes a director or employee subsequent to the granting of a license and that person does not undergo the records checks applicable to that director or employee and receive a satisfactory determination.
(c) After the issuance of an annual or temporary license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when an unsatisfactory preliminary records check is received, when subsequent to a preliminary records check the department has reason to believe the applicant has a criminal record, or during the course of a child abuse investigation involving the director or employee.
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(d) No center may have any person as an employee after January 1, 1986, unless there is on file in the center an employment history for that person.
(e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor.
49-5-70. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint 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 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.
49-5-71. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, 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, its directors, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.
49-5-72. The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.
GEORGIA LAWS 1985 SESSION
973
49-5-73. A determination by the department regarding preliminary or fingerprint 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 constitute 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 expeditiously after such determination or action by the department.
49-5-74. The department is authorized to provide by regulation for the administration of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
UNEMPLOYMENT COMPENSATION -- PROCESSING OF CLAIMS AGAINST STATE AGENCIES; RESERVE FUND;
CONTRACTS.
Code Section 45-9-110 Enacted.
No. 608 (House Bill No. 485).
AN ACT
To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to permit the formulation of a sound program for the consolidated processing of unemployment compensation claims against state agencies and the payment of sums due to the Department of Labor; to provide for a reserve fund for the payment of unemployment compensation claims; to permit the commissioner of administrative services to contract for unemployment compensation claims services; to repeal conflicting laws; and for other purposes.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows:
"ARTICLE 6
45-9-110. (a) The commissioner of administrative services shall have the authority to consolidate the processing of and response to unemployment compensation claims being performed on July 1,1985, by each individual agency, department, board, bureau, commission, and authority of the state along with the payment to the Department of Labor of this state of all moneys due and owing as a result of paid unemployment compensation claims and shall bill each department, agency, board, bureau, commission, or authority of the state for claims paid and for the reasonable cost of administering the program.
(b) The commissioner may retain all moneys paid to the Department of Administrative Services in response to such billings, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the purpose of making payments to the Department of Labor of this state and defraying the expenses necessary to administer the program. The commissioner shall invest any such moneys in the same manner as other moneys in his possession.
(c) The commissioner is authorized, in his discretion, to contract for any or all of the services necessary to carry out the functions enumerated in this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
975
USED CAR DEALERS -- QUALIFICATIONS OF USED MOTOR VEHICLE PARTS DEALERS FOR LICENSURE AS
USED CAR DEALERS; REGULATION BY LOCAL GOVERNMENTS.
Code Sections 43-47-8 and 43-47-14 Amended.
No. 609 (House Bill No. 494).
AN ACT
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, so as to provide that persons who are licensed as used motor vehicle parts dealers and who make application to be licensed as used car dealers shall be exempt from meeting certain qualifications; to prohibit units of local government from regulating or licensing persons as used car dealers unless such persons are approved for licensure by the state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, is amended by striking Code Section 43-47-8, relating to license applications, and inserting in lieu thereof a new Code Section 43-47-8 to read as follows:
"43-47-8. (a) Applications for a license as a used car dealer shall be made to the board, shall contain the information required by this chapter, and shall be accompanied by the fee prescribed by the board.
(b) The board shall not issue or renew any retail used car dealer's license unless the applicant or holder thereof shall show that he maintains an established place of business as defined in Code Section 43-47-2.
(c) The board shall establish a fee for a license for each principal place of business and a fee for a supplemental li-
976
GENERAL ACTS AND RESOLUTIONS, VOL. I
cense for each car lot not immediately adjacent to the principal place of business. The board may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business as a used car dealer prior to or after the issuance of any such license.
(d) All licenses issued under this chapter shall be renewable biennially.
(e) Each application for a new license after July 1,1983, shall show that within the preceding year the applicant has attended a training and information seminar conducted by the board. Such seminar shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the board will promote good business practices. No such seminar shall exceed one day in length.
(f) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not contiguous to other premises for which a license is issued.
(g) Each application for a license shall also show that the used car dealer has obtained, or has applied for, a certificate of registration, Department of Revenue Form ST-2, commonly known as a sales tax number certificate. The board shall not renew any license unless the applicant or holder thereof shall show that he maintains a certificate of registration, Department of Revenue Form ST-2, under the laws of this state providing for issuance of such certificates.
(h) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with a surety company duly authorized to do business in this state and shall be payable to the Governor for the use and benefit of any purchaser and vendees or successors in title of any used motor vehicle and shall be conditioned to pay all loss, damages, and expenses that may be sustained by such purchaser, his
GEORGIA LAWS 1985 SESSION
977
vendees, or successors in title that may be occasioned by reason of any fraudulent misrepresentation or by reason of any breach of warranty as to such used vehicle. In lieu of the required bond, any prospective licensee may submit a net worth statement, prepared using standard accounting procedures, which indicates that the prospective licensee has a net worth of more than $30,000.00; and, if the prospective licensee shall submit such a statement of net worth to the board, the board may in its discretion accept this in lieu of the bond required by this subsection.
(i) If the prospective licensee shall elect to post a bond in lieu of submitting a net worth statement to the board, the bond shall be in the amount of $10,000.00 and shall be filed, immediately upon the granting of the license, 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 for the joint-secretary's approval prior to the granting of a license.
(j) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this Code section unless the board is informed in writing by a certified letter at least 20 days prior to the proposed cancellation.
(k) If the surety or licensee cancels the bond and the licensee fails to either submit, 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 $30,000.00, calculated according to standard accounting procedures, the board may revoke his license.
(l) Each application for a license shall show that the dealer maintains an automobile dealer's public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage. The board may, in its discretion, permit self-insurance in lieu of a bond or bond of insurance if it decides that the financial ability of the dealer
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GENERAL ACTS AND RESOLUTIONS, VOL. I
warrants such privilege or if it is satisfied that an applicant or licensee is possessed and will continue to be possessed of the ability to pay judgments obtained or claims against the applicant or licensee. The board may issue to the applicant, licensee, or dealer a certificate of self-insurance. The board may cancel such self-insurance upon reasonable grounds, such as failure to pay within 30 days after judgment has become final any judgment rendered against the applicant in which it is determined that the applicant is liable for damages under this chapter.
(m) Each application for a new license shall be acted on by the board at its next regular meeting.
Section 2. Said chapter is further amended by striking Code Section 43-47-14, relating to local regulation and licensure, and inserting in lieu thereof a new Code Section 43-47-14 to read as follows:
"43-47-14. Nothing in this chapter shall prohibit any lawful regulation or licensing of used car dealers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any used car dealer required to be registered by this chapter unless such dealer has been approved for licensure by the board under this chapter."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
979
ALCOHOLIC BEVERAGES -- FARM WINERIES; WINE PRODUCED IN GEORGIA. Code Section 3-6-29 Enacted. No. 610 (House Bill No. 566). AN ACT
To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wines, so as to provide for legislative intent; to provide for the regulation of the quality and safety of wines produced within this state for sale within this state; to promote the public health, safety, and welfare of the citizens of this state; to provide for the administration and control of the manufacture, distribution, sale, quality, and safety of wines consumed in this state; to provide for the cost of administration and regulation of the manufacture, distribution, sale, quality, and safety of wines consumed in this state; to provide for the promulgation of regulations by the commissioner of the Department of Revenue; to aid in the exercise of the police power; to promote temperance; 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 General Assembly finds and determines that it is in the best interest of the health, welfare, and safety of the citizens of this state that the quality and safety of wines produced within this state for sale within this state be controlled.
(b) The General Assembly further finds and determines that a peculiar problem exists with respect to farm wineries in Georgia due to the limited amount of Georgia grown berries, fruits, and grapes available for use by a farm winery in any one year of production and the time element necessary for the successful start-up of operations by a farm winery, including
980
GENERAL ACTS AND RESOLUTIONS, VOL. I
the planting of its own source of berries, fruits, and grapes to be used by it in the production of its wines, and, therefore, it is in the best interest of the citizens of this state to provide a period of incremental implementation of the requirements for the annual production of wines manufactured within this state for sale within this state by farm wineries.
Section 2. Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wines, is amended by adding a new Code Section 3-6-29, immediately following Code Section 3-6-28, to read as follows:
"3-6-29. (a) The annual production of all wines manufactured within this state for sale within this state by a domestic winery that is not a farm winery as that term is defined in Code Section 3-6-21.1 shall be made from at least 40 percent of berries, fruits, and grapes grown within this state.
(b) The annual production of all wines manufactured within this state for sale within this state by a farm winery as that term is defined in Code Section 3-6-21.1 shall be made from the following percentages of berries, fruits, and grapes grown within this state during the year of production provided below:
(1) First-year production: Ten percent from Georgia grown berries, fruits, or grapes
(2) Second-year production: Twenty percent from Georgia grown berries, fruits, or grapes
(3) Third-year production: Thirty percent from Georgia grown berries, fruits, or grapes
GEORGIA LAWS 1985 SESSION
981
(4) Fourth-year production and thereafter:
Forty percent from Georgia grown berries, fruits, or grapes
(c) (1) The commissioner may promulgate reasonable rules and regulations and other measures designed to ensure proper enforcement of this title.
(2) The powers conferred upon the commissioner in paragraph (1) of this subsection are in addition to those powers and duties provided for in Code Section 3-2-1 and Code Section 3-2-2 and nothing contained in paragraph (1) of this subsection shall prohibit the commissioner from promulgating such reasonable rules and regulations as he may be empowered to issue under any other Code section to ensure proper enforcement of this title."
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, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMINAL PROCEDURE -- APPEARANCE BONDS. Code Section 17-6-72 Amended. No. 611 (House Bill No. 602). AN ACT
To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to provide that an appearance bond shall not be forfeited if, prior to the forfeiture hearing, the principal in the bond is in custody; 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 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, is amended by adding at the end of Code Section 17-6-72, relating to nonentry ofjudgment of forfeiture of appearance bonds, a new subsection (d) to read as follows:
"(d) No judgment shall be rendered decreeing the forfeiture of any appearance bond if it is shown to the satisfaction of the court that prior to the hearing date set pursuant to Code Section 17-6-71 the principal in the bond is in the custody or detention of the sheriff or other responsible officer of the jurisdiction in which forfeiture proceedings were commenced pursuant to Code Section 17-6-70. A sworn affidavit of the sheriff or other responsible officer having custody or detention of principal shall be considered adequate proof of such custody or detention."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
983
DOMESTIC RELATIONS -- FAMILY VIOLENCE; PETITIONS AND FORMS; DUTIES OF COURT CLERKS AND SHELTER
OR SOCIAL SERVICE AGENCY STAFF.
Code Section 19-13-3 Amended.
No. 612 (House Bill No. 614).
AN ACT
To amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family violence, so as to provide for additional authority for court clerks and certain other persons regarding victims and petitioners in actions regarding family violence; to provide that the performance of such assistance shall not constitute the unauthorized practice of law; 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 filing of petitions seeking relief from family violence, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Family violence shelter or social service agency staff members designated by the court may explain to all victims not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to victims of family violence and to any other person designated by the superior court pursuant to this Code section as authorized to advise victims on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
EFFECTIVE DATES OF GENERAL ACTS AFFECTING COMPENSATION OF COUNTY OFFICERS.
Code Section 1-3-4 Amended. Code Section 1-3-4.1 Enacted.
No. 613 (House Bill No. 625).
AN ACT
To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of general Acts affecting the compensation of certain county officers; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by adding at the end of Code Section 1-3-4, relating to the effective dates of legislative Acts, a new subsection (c) to read as follows:
"(c) Subsection (a) of this Code section shall not apply to those general legislative Acts provided for in Code Section 1-3-4.1."
Section 2. Said chapter is further amended by adding immediately following Code Section 1-3-4, relating to the effective date of legislative Acts, a new Code Section 1-3-4.1 to read as follows:
GEORGIA LAWS 1985 SESSION
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"1-3-4.1. (a) It is the intent and purpose of this Code section to recognize that an effective budget process is essential to the proper functioning of county governments in Georgia and, furthermore, to recognize that state mandated expenses should not disrupt that process by requiring additional expenses in the middle of a budget year.
(b) No general Act providing for an increase in compensation to one or more of the county officers listed in Article IX, Section I, Paragraph III of the Constitution of Georgia shall be effective until the first day of January following passage of the Act granting the increase in compensation."
Section 3. This Act shall apply to general Acts affecting the compensation of the county officers listed in Article IX, Section I, Paragraph III of the Constitution of Georgia which are enacted after January 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
ATHLETIC TRAINERS -- LICENSES; EXAMINATIONS.
Code Sections 43-5-8 and 43-5-9 Amended.
No. 614 (House Bill No. 643).
AN ACT
To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of athletic trainers, so as to change the persons to whom licenses may be granted; to change the examination requirements; to repeal conflicting laws; and for other purposes.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of athletic trainers, is amended by adding at the end of Code Section 43-5-8, relating to qualifications of applicants, a new subsection to read as follows:
"(c) The board may grant a license without examination to any qualified applicant who holds the National Athletic Trainers Association certification."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-5-9, relating to applications for licenses, and inserting in its place a new subsection (b) to read as follows:
"(b) The applicant is entitled to an athletic trainer's license if he possesses the qualifications enumerated in Code Section 43-5-8, satisfactorily completes an examination approved by the board, pays the required license fee, and has not committed an act which constitutes grounds for denial of a license under Code Section 43-5-10."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
987
MENTAL HEALTH -- PATIENT COST OF CARE ACT; DEFINITIONS; FINANCIAL INFORMATION; INSURANCE.
Code Sections 37-9-2 and 37-9-5 Amended. No. 615 (House Bill No. 658). AN ACT
To amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of "persons liable for cost of care"; to change the provisions relating to assessment of persons liable for cost of care; to provide for the assessment of full cost of care in certain instances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," is amended by striking paragraph (5) of Code Section 37-9-2, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Persons liable for cost of care' means;
(A) The patient or his estate;
(B) The patient's spouse;
(C) The parent or parents of any patient under 18 years of age;
(D) Any fiduciary or representative payee holding assets for the patient or on his behalf, including, in his representative capacity, the guardian, trustee, executor, or administrator of any trust, estate, inheritance, or fund in which a patient has a legal or beneficial interest."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 37-9-5, relating to assessment of
988
GENERAL ACTS AND RESOLUTIONS, VOL. I
persons liable for cost of care, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) When the department determines that persons legally liable for the cost of care of a patient do not have sufficient income or assets to pay the entire cost of care, the department shall determine for each such person the amount payable toward cost of care which shall be a fair and equitable amount based on ability to pay determined in accordance with the requirements of Code Section 37-96. When applicable, the notice provided for in subsection (a) of this Code section shall reflect as the assessment the amount payable toward cost of care provided for in this chapter; and if a hearing is requested by any person receiving such notice, such person may question his liability for cost of care as well as the amount of his assessment. Failure of the patient or other persons liable for cost of care to provide financial information to the department required to determine assessments on the basis of ability to pay in accordance with the requirements of Code Section 37-9-6 or failure of the patient or other persons liable for cost of care to cooperate with the department in obtaining payment of any insurance or health benefits available for a patient may result in assessment of such persons of the full cost of care of the patient."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
989
MOTOR VEHICLES AND TRAFFIC -- FINANCIAL RESPONSIBILITY; VEHICLES FOR HIRE; SELF-INSURERS.
Code Section 40-9-101 Amended.
No. 616 (House Bill No. 665). AN ACT
To amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for a self-insurer; to provide qualifications for a person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of Title 40 on one or more such vehicles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Except as otherwise provided in paragraph (2) of this subsection, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the department. The department may, in its discretion, upon the application of such person, issue such a certificate when it is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Any person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of self-insurance from the department. The department may, in its discretion, upon the application of such person, issue such a certificate when it is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA PROPRIETARY SCHOOL ACT -- DEFINITIONS; EXEMPTIONS; BONDS; PENALTIES.
Code Sections 20-4-62, 20-4-63, 20-4-72, and 20-4-79 Amended.
No. 617 (House Bill No. 709).
AN ACT
To amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to change the provisions relative to the definition of a proprietary school; to change the provisions relative to exemptions from the "Georgia Proprietary School Act"; to change the provisions relating to bonds required to be filed; and to prohibit the use of the word "college" or "university" under certain circumstances; to provide penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
991
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," is amended by striking subparagraph (B) of paragraph (8) of Code Section 20-4-62, relating to definitions, in its entirety and substituting in lieu thereof a new subparagraph (B) to read as follows:
"(B) At which place of business such a course or courses of instruction or study is available through classroom instruction or by correspondence, or both, to a person or persons for the purpose of training such person for work in a business, trade, or technical or industrial occupation."
Section 2. Said article is further amended by striking paragraph (9) of Code Section 20-4-63, relating to exemptions from the "Georgia Proprietary School Act," in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows:
"(9) A course or courses of special study or instruction financed in whole or in part by a local or state government, by private industry, or by any person, firm, association, or other agency, other than the student involved, on a contract basis and having a closed enrollment; provided, however, that a school financed in whole or in part by federal or special funds may be declared exempt by the administrator where the administrator finds the operation of such schools to be outside the purview of this article; provided further that this decision may be appealed to the State Board of Education;".
Section 3. Said article is further amended by striking the word "and" where it appears at the end of paragraph (11) of Code Section 20-4-63, relating to exemptions from the "Georgia Proprietary School Act," and by striking the period appearing at the end of paragraph (12) of said Code section and inserting in lieu thereof a semicolon and the word "and" and by adding at the end of said Code section a new paragraph (13) to read as follows:
"(13) A school where the total instructional program is review or preparation for a specific examination and where
992
GENERAL ACTS AND RESOLUTIONS, VOL. I
the students' occupational training already makes the student eligible to sit for the examination."
Section 4. Said article is further amended by striking subsection (a) of Code Section 20-4-72, relating to bonds or certificates of indebtedness required to be filed, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Before a certificate of approval is issued under this article, a blanket bond shall be provided by the school for the period during which the certificate of approval is issued; and the obligation of the bond shall be that neither this article nor any rule or regulation adopted pursuant thereto shall be violated by the school or any of its officers, agents, or employees. The bond shall be a corporate surety bond issued by a company authorized to do business in the state, conditioned that the parties thereto shall pay all damages or expenses which the state or any governmental subdivision thereof or any person may sustain resulting from any such violation. The bond shall be payable to the state for the use and benefit of the state or any person or governmental subdivision of the state which may suffer expense or damage by breach thereof. The bond shall be filed with the administrator.
(2) The amount of the bond to be submitted with an application for a certificate of approval shall be based on any one of the following computations:
(A) The prepaid tuition and fees received during a given fiscal year divided by the number of semesters of training for which such payments are received when students commence training on a semesterly basis;
(B) The prepaid tuition and fees received during a given fiscal year divided by the number of quarters of training for which such payments are received when students commence training on a quarterly basis;
GEORGIA LAWS 1985 SESSION
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(C) The prepaid tuition and fees received during a given fiscal year divided by the number of months of training for which such payments are received when students commence training on a monthly basis; or
(D) The prepaid tuition and fees received during a given fiscal year divided by the number of classes of training for which such payments are received when students commence training on a class basis.
(3) The amount of the bond to be submitted for correspondence training, combination correspondence and resident training, and continuous types of training shall be computed as provided in subparagraph (C) of paragraph (2) of this subsection.
(4) When the applicable prepaid tuition is computed as provided in paragraphs (2) and (3) of this subsection, the amount of the bond required will be as follows:
PREPAID TUITION
BOND
Under $ 10,000.00
$ 10,000.00
10.001.00 - 15,000.00
15,000.00
15.001.00 - 20,000.00
20,000.00
20.001.00 or above
25,000.00
(5) The aggregate liability of the surety shall not exceed the amount of the required bond on all breaches of the conditions of the bond by the school and its officers, agents, or employees. The surety on the bond may cancel such bond upon giving 30 days' notice in writing to the State Board of Education and thereafter shall be relieved of any liability for any breach of condition occurring after the effective date of such cancellation."
Section 5. Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 20-4-79, relating to penalties, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"(1) Operate a school without a certificate of approval issued by the administrator or use the words 'college' or 'university' in the name of a school located in Georgia unless the school was doing so prior to July 1, 1985;".
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
INSURANCE -- INSURANCE PREMIUM RATES DETERMINED BY CONTRACT; FILING; BINDERS;
CHALLENGES.
Code Section 33-9-32 Amended.
No. 618 (House Bill No. 747).
AN ACT
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insurance rates, and related organizations, so as to provide the time for filing with the Insurance Commissioner certain insurance premium rates which are determined by contract; to provide for the issuance of binders; to provide for challenge by the Insurance Commissioner; to provide for the use of certain rates if a challenge is upheld or if there is no challenge or if a challenge is not upheld; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insurance rates, and related organizations, is amended by strik-
GEORGIA LAWS 1985 SESSION
995
ing Code Section 33-9-32, relating to the validity of contracts to use insurance premium rates in excess of or lower than generally applicable rates, in its entirety and inserting in lieu thereof a new Code Section 33-9-32 to read as follows:
"33-9-32. Nothing contained in this chapter shall be deemed to prohibit an insurer and its insured from contracting to use a rate on a specific risk or risks which is in excess of or lower than that otherwise applicable, provided that the contract and rate deviation by consenting parties have been filed with the Commissioner prior to the use of the rate in accordance with the procedures, conditions, and limitations as may be established by the Commissioner; and provided, further, that, if the resulting premium exceeds $1,000.00, a binder of coverage may be issued and the contract and rate deviation shall be filed within 20 days after the issuance of the binder. Such contract and rate deviation shall be subject to challenge by the Commissioner for a period of ten days after filing. If such challenge is upheld, the insurer shall be required to use its regular filed rates for the first 30 days of coverage in accordance with the requirements of applicable law. If there is no challenge or if a challenge is not upheld, the contract and rate deviation agreed upon may be used from and after the effective date of the binder."
Section 2. This Act shall become effective upon its approval by 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, 1985.
996
GENERAL ACTS AND RESOLUTIONS, VOL. I
CLINICAL RECORDS ON TREATMENT OF ALCOHOLICS AND DRUG ABUSERS -- CONFIDENTIALITY; EXCEPTIONS.
Code Section 37-7-166 Amended.
No. 619 (House Bill No. 793).
AN ACT
To amend Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records in the treatment of alcoholics and drug abusers, so as to change certain 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 37-7-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records in the treatment of alcoholics and drug abusers, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) A clinical record for each patient shall be maintained. The clinical record shall not be a public record and no part of it shall be released except:
(1) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, by his parent or guardian;
(2) When a patient is admitted to a facility, the patient's record or information contained in the record at another facility, community mental health center, or in the records of a private practitioner may be released to the admitting facility. When the treatment plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, the patient's record or information contained in the record may be released to that facility, community mental health center, or private practitioner;
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(3) The record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient;
(4) The record shall be released to the patient's attorney if the attorney so requests and the patient consents to the release;
(5) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physician;
(6) At the request of the patient or his attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;
(7) 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; and
(8) Parts of the patient's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6."
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 April 4, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
INSURANCE -- GROUP LIFE INSURANCE; COVERAGE OF DEPENDENTS; AMOUNT OF COVERAGE. Code Section 33-27-2 Amended. No. 620 (House Bill No. 832). AN ACT
To amend Code Section 33-27-2 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, so as to change the provisions relating to coverage for dependents; to delete a certain restriction on amount of coverage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section jjb Code Section 33-27-2 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, is amended by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The insurance must be based on some plan precluding individual selection by the employees or members or by the policyholder, employer, or union;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
999
LAW LIBRARIES -- COSTS IN CORPORATE, POLICE, RECORDER'S, AND MAYOR'S COURT.
Code Section 36-15-9 Amended. No. 621 (House Bill No. 542). AN ACT
To amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, so as to authorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) Notwithstanding that provision of subsection (a) of this Code section which excepts recorder's and police courts from the requirement of charging and collecting the additional costs provided for by that subsection (a), subsections (a) and (b) of this Code section shall apply to any corporate, police, recorder's, or mayor's court of a municipality if the governing authority thereof, by ordinance or resolutions, approves the charging and collecting of such costs pursuant to subsections (a) and (b) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
1000
GENERAL ACTS AND RESOLUTIONS, VOL. I
ALCOHOLIC BEVERAGES -- SUNDAY SALES IN CERTAIN MUNICIPALITIES; REFERENDUM.
Code Section 3-3-7 Amended.
No. 622 (House Bill No. 583).
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 provide that, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education, a municipality having an independent school system shall be authorized through its governing authority to allow 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; to provide for a referendum regarding the authorization of certain Sunday alcoholic beverage sales; 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 adding at the end of said Code section a new subsection, to be designated subsection (n), to read as follows:
"(n) (1) Notwithstanding other laws, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education in such county, a municipality having an independent school system shall be authorized through its governing authority, either by proper resolution or ordinance approved by a majority of that governing authority or by proper resolution or ordinance so approved and by its terms having its effectiveness being contingent upon referendum approval pursuant to paragraph (2) of this subsection, to allow:
GEORGIA LAWS 1985 SESSION
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(A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and
(B) The sale and service by the drink of alcoholic beverages on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.
(2) If a resolution or ordinance is approved pursuant to paragraph (1) of this subsection and by its terms has its effectiveness contingent upon referendum approval pursuant to this paragraph, 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 municipality, whose governing authority approved that resolution or ordinance, to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that 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 in which that municipality is located once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:
"( ) YES Shall Sunday sales of alcoholic beverages by the drink be authorized in
( ) NO (name of municipality)?'
All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejec-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tion 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 resolution or ordinance approving such Sunday sales shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
FLAT-BED VAN CARRIERS -- LOAD LIMITS; SIGNS.
Code Section 32-6-24 Amended.
No. 623 (House Bill No. 692).
AN ACT
To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide that flat-bed van carriers shall not carry a load exceeding 63 feet in length; to require a permanent sign to be attached to the carrier; to require such sign to be marked in letters at least 12 inches high; to provide that subsection (a) of Code Section 32-6-24, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed van carriers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, is amended by adding at the end of subsection (b) a new paragraph (5) to read as follows:
"(5) Flat-bed van carriers shall not carry a load exceeding 63 feet in length and shall be clearly labeled with a permanent sign which shall be attached to the rear of the carrier and which shall be marked in letters at least 12 inches high. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed van carriers."
Section 2. This Act shall become effective upon its approval by 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, 1985.
MAGISTRATE COURTS -- SUBPOENAS FOR PRODUCTION OF DOCUMENTARY EVIDENCE; POSTJUDGMENT
DISCOVERY AND INTERROGATORIES; CONTEMPT OF COURT.
Code Section 15-10-2 Amended. Code Section 15-10-50 Enacted.
No. 624 (Senate Bill No. 87).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for issuance of subpoenas for production of documentary evi-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
dence before the magistrate court; to provide for postjudgment discovery in aid ofjudgments in the magistrate court; to provide that such postjudgment discovery may be obtained in aid of a judgment or execution of the magistrate court or in aid of any civil money judgment or execution of any other court if the unpaid balance on the judgment or execution does not exceed $2,500.00; to provide a form for postjudgment interrogatories; to provide for enforcement by contempt of court; 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 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking paragraph (10) of Code Section 15-10-2, relating to jurisdiction and powers of magistrate courts, and inserting in its place a new paragraph (10) to read as follows:
"(10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court and subpoenas for the production of documentary evidence before the magistrate court; and".
Section 2. Said chapter is further amended by adding a new Code Section 15-10-50 to read as follows:
"15-10-50. (a) In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed $2,500.00, the judgment creditor or his successor in interest when that interest appears of record, may, in addition to any other process or remedy provided by law, examine the judgment debtor by propounding the interrogatories specified in this Code section in the manner provided in this Code section.
(b) If the j udgment or execution concerning which interrogatories are being propounded was issued by the magistrate court the judgment creditor may, within 30 days after the entry ofjudgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under
GEORGIA LAWS 1985 SESSION
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this subsection shall be served upon the judgment debtor by certified mail.
(c) Interrogatories propounded pursuant to a judgment entered more than 30 days previously or entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate court.
(d) The interrogatories, verification, and notice shall be in substantially the following form:
IN THE MAGISTRATE COURT OF
COUNTY
STATE OF GEORGIA
Plaintiff
Current Civil Action File No.
Address
Original Civil Action
vs-
File No.
Defendant
Court where original judgment entered:
Address
INTERROGATORIES
TO:
:
, Defendant in the
above-styled action:
The Plaintiff in the above-styled action requests that you answer the following interrogatories separately, fully, and under oath and serve such answers on said plaintiff at plaintiffs address shown above by mail or
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GENERAL ACTS AND RESOLUTIONS, VOL. I
hand delivery within 30 days after the service of these interrogatories.
1. List the name, address, and phone number of your employer(s).
2. Describe and state the location of each piece of real estate in which you own any interest.
3. Give the name, address, and a description of the nature of any business venture in which you own any interest.
4. List the names, addresses, and phone numbers of all persons who owe money to you and specify the amounts owed.
5. List the names and addresses of all banks or savings institutions where you have any sums of money deposited and identify the accounts by number.
6. List and give the present location of all items of personal property owned by you that have a value of more than $10.00.
VERIFICATION STATE OF GEORGIA, COUNTY OF
being first duly sworn on oath, says the foregoing are true and complete answers to the interrogatories propounded by plaintiff to defendant.
Sworn and subscribed before me,
this
day of
, 19 .
Notary public or attesting official
Defendant
GEORGIA LAWS 1985 SESSION
1007
NOTICE
YOU ARE REQUIRED TO PROVIDE COMPLETE ANSWERS TO THE ABOVE-STATED QUESTIONS TO THE PLAINTIFF WITHIN 30 DAYS AFTER SERVICE OF THESE INTERROGATORIES UPON YOU. IF YOU DO NOT ANSWER, OR DO NOT ANSWER COMPLETELY YOU MAY BECOME SUBJECT TO THE SANCTIONS PROVIDED BY LAW FOR CONTEMPT OF COURT. IF YOU NEED FURTHER INSTRUCTION OR IF YOU NEED ASSISTANCE IN ANSWERING THE QUESTIONS CONTACT THE COURT AT ONCE.
(e) The court in its discretion may limit the number of times interrogatories may be propounded upon a judgment debtor, may relieve a judgment debtor of the obligation to answer one or more propounded interrogatories, and may for good cause shown enlarge the time for answering any interrogatory. The court may if necessary compel the answering of interrogatories, but the sanction of contempt shall be applied only after notice and an opportunity for hearing and a showing of willful failure to answer or willful failure to answer fully and truthfully."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA POLYGRAPH EXAMINERS ACT. Code Title 43, Chapter 36 Revised. Code Section 51-1-37 Enacted. No. 625 (Senate Bill No. 19). AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to provide for legislative intent; to provide a short title; to define certain terms; to create the State Board of Polygraph Examiners; to provide for qualifications, terms of office, reimbursement, and powers and duties of the members of such board; to require polygraph examiners to have licenses; to provide qualifications for a license as a polygraph examiner; to require an applicant for a polygraph examiner license to complete a polygraph examiner intern program; to require licensed polygraph examiners to supervise and control polygraph examiner interns; to require applications for licenses; to provide for the issuance of licenses, renewal of licenses, and license fees; to provide for the continuation of certain licenses; to provide for reciprocity; to regulate the administration of polygraph examinations; to prohibit certain activities by polygraph examiners; to provide for rights of examinees; to provide for the maintenance of records of polygraph examinations; to provide for minimum insurance coverage or the posting of bonds or net worth affidavits; to provide for investigative and disciplinary authority of the board; to provide a penalty for the unlicensed administration of polygraph examinations; to provide for applicability; to provide a termination date; to provide for other matters relative to the foregoing; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide a cause of action for persons who suffer damages as a result of polygraph examinations; to provide for damages; to provide for legislative intent and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 1985 SESSION
1009
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 36, relating to polygraph examiners, in its entirety and inserting in lieu thereof a new Chapter 36 to read as follows:
"CHAPTER 36
43-36-1. The General Assembly declares that it is the policy of this state that the only proper uses of a polygraph shall be to measure stressful physiological responses for the purpose of detecting deception or verifying truth of statement or for scientific or academic research or experiments. Any use of a polygraph or a polygraph examination which is primarily intended to frighten or intimidate rather than measure stressful physiological responses is declared to be improper.
43-36-2. This chapter shall be known and may be cited as the 'Georgia Polygraph Examiners Act.'
43-36-3. As used in this chapter, the term:
(1) 'Board' means the State Board of Polygraph Examiners.
(2) 'Polygraph' means an instrument to measure stressful physiological responses for the purpose of testing or questioning individuals so as to detect deception or verify truth of statement. Such instrument shall, as a minimum, record visually, permanently, and simultaneously a subject's cardiovascular pattern, respiratory pattern, and galvanic skin response.
(3) 'Polygraph examiner' means any person who measures stressful physiological responses which purport to detect deception or verify truth of statement through the use of instrumentation as described in paragraph (2) of this Code section.
(4) 'Polygraph examiner intern' means any person engaged in the study of polygraphy and the administration of polygraph examinations under the personal supervision and control of a polygraph examiner.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
43-36-4. (a) There is created a board to be known as the State Board of Polygraph Examiners. The board shall consist of seven members who shall be residents of this state.
(b) Four members shall be polygraph examiners who have qualified under this chapter and who have been licensed polygraph examiners for at least four years. The terms of these four members shall be four years each. The terms shall be staggered so that one term expires each year. Two of such members shall be from the private sector and two shall be from the government sector.
(c) One member shall be appointed as a representative of the area of private-sector employment. Such member shall be appointed for a term of four years.
(d) One member shall be appointed as a representative of the scientific or academic community who has some knowledge of polygraphs or polygraph examinations. Such member shall be appointed for a term of four years.
(e) One member shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of polygraph examination. The initial term of appointment for the at-large member shall expire June 30,1986; thereafter, the Governor shall appoint successors for a term of four years.
(f) The members of the board shall be appointed by the Governor. No two members shall be employed by the same person or agency while serving on the board. Vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or otherwise, such appointment shall be for the remainder of the unexpired term of the member whose position was filled. No member shall serve more than two consecutive full terms.
(g) The members of the board shall annually appoint one of its members to be chairman.
(h) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
GEORGIA LAWS 1985 SESSION
1011
(i) No member may directly or indirectly engage in any board business involving any individual which that board member has supervised or instructed.
(j) The joint-secretary shall serve as secretary of the board.
(k) The members serving on the State Board of Polygraph Examiners on July 1, 1985, shall continue to serve their respective terms of office.
43-36-5. The board shall have the following powers and duties:
(1) To determine the qualifications and fitness of applicants for licenses consistent with this chapter;
(2) To issue, renew, deny, suspend, or revoke licenses consistent with this chapter;
(3) To initiate investigations for the purpose of discovering violations of this chapter;
(4) To hold hearings on all matters properly brought before the board in connection with such investigations, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings;
(5) To establish continuing education requirements by rules and regulations; and
(6) To adopt, amend, or repeal all rules necessary to carry this chapter into effect.
43-36-6. (a) In order to qualify for a license as a polygraph examiner, a person must:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States;
(3) Be a person of good moral character;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) (A) Have a bachelor's degree from a full four-year accredited university or college recognized as such by the board; or
(B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychology; and
(ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency.
Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant;
(5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be of at least six weeks' duration at a polygraph examiners' school acceptable to the board;
(6) Have completed a period of a minimum of six months as polygraph examiner intern under the supervision of a qualified polygraph examiner in this state or who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and
(7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses.
(b) The board, in its discretion, may waive the 'on premises' requirement during the internship period in cases of extreme hardship.
43-36-7. (a) Prior to examination, a polygraph examiner intern must administer a minimum of 100 examinations consisting of no less than 50 specific examinations in any given six-month internship period. The board, in its discretion, may require a polygraph examiner intern to bring all
GEORGIA LAWS 1985 SESSION
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polygraph charts and allied papers resulting from the examinations conducted by the polygraph examiner intern for review by the board.
(b) The applicant must submit to the board for its prior approval the name of the licensed polygraph examiner who will supervise the applicant during the intern program.
(c) Once a licensed polygraph examiner has been approved to supervise a polygraph examiner intern, the intern may not transfer to the supervision of another licensed polygraph examiner without the prior approval of the board.
(d) (1) The polygraph examiner who supervises a polygraph examiner intern must:
(A) Be a polygraph examiner licensed by the board for a period of at least three years immediately prior to commencing such supervision; and
(B) Operate a polygraph or otherwise be involved in polygraph work during at least 75 percent of his time in his current employment position.
(2) A polygraph examiner may not supervise more than two polygraph interns at any one time.
(3) The intern shall be personally supervised and controlled by the licensed polygraph examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation.
(e) The board shall provide by rule that the licensed polygraph examiner and the polygraph examiner intern shall submit a periodic list to the board of all polygraph examinations conducted by the polygraph examiner intern during such period, stating the names, dates, and types of examinations given by the polygraph examiner intern. This list shall be signed by both the licensed polygraph examiner and the polygraph examiner intern.
(f) The board may, in its discretion, require the licensed polygraph examiner to appear with the polygraph examiner
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GENERAL ACTS AND RESOLUTIONS, VOL. I
intern at the board's examination and present to the board any or all of the polygraph charts and allied papers prepared by the polygraph examiner intern during the internship program.
43-36-8. Every person administering polygraph examinations must qualify individually for a license under this chapter and shall file with the board through the joint-secretary a written application accompanied by a fee established by the board.
43-36-9. (a) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-366 for a polygraph examiner, the board shall issue and deliver to such applicant a license to conduct polygraph examinations, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked or canceled only by the board.
(b) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-36-6, except for the qualifications set out in paragraphs (6) and (7) of subsection (a) of Code Section 43-36-6, the board shall issue and deliver to such applicant a license to become a polygraph examiner intern, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked only by the board.
(c) Notwithstanding any other provisions of this chapter, any person who has been issued a license by the board authorizing such person to administer polygraph examinations and whose license is valid on July 1, 1985, shall not be required to comply with the provisions of paragraphs (4) through (7) of subsection (a) of Code Section 43-36-6. Such person shall continue to be licensed and shall have his license renewed as long as he complies with the remaining provisions of this chapter.
43-36-10. Persons licensed to operate polygraphs under the laws of any other state having requirements similar to those of this chapter may, in the discretion of the board, be issued a license to operate polygraphs in this state without written examination upon the payment of a fee in an amount established by the board.
GEORGIA LAWS 1985 SESSION
1015
43-36-11. (a) All licenses issued under this chapter shall be renewable biennially.
Ob) A polygraph examiner employed by a municipal, county, state, or federal agency shall not be required to pay any application or licensing fees as long as his sole use of the polygraph is in performance of his official duties, provided that such polygraph examiner must be properly licensed as provided in Code Section 43-36-9.
(c) All licenses shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this state. The board shall issue to each licensed polygraph examiner an identification card which he must have in his possession when administering polygraph examinations at a location away from his normal place of business.
43-36-12. All polygraph examinations shall be conducted under such testing conditions as are established by rules and regulations of the board. Such conditions, at a minimum, shall provide that:
(1) No chart shall contain less than seven nor more than 15 questions;
(2) An examiner shall allow a minimum of ten seconds between questions to allow the subject ample time to respond physiologically to each verbal stimulus;
(3) (A) A polygraph examiner shall not produce a polygraph chart which is not adequately marked by the polygraph examiner to identify, at a minimum, each of the following:
(i) The individual being tested;
(ii) The date of the examination;
(iii) The time of the chart;
(iv) The chart and test number; and
(v) The polygraph examiner's initials.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) A polygraph examiner shall mark charts which are produced from instruments which contain electronically enhanced components to show the sensitivity level at the beginning of the chart and at any point where the sensitivity is changed;
(4) A polygraph examiner shall not perform more than two examinations per hour not to exceed 18 polygraph examinations in any one 24 hour period; and
(5) When a polygraph examination is being administered, no person shall be present in the room other than the polygraph examiner without the knowledge and prior consent of the examinee. No polygraph examination shall be monitored with viewing or listening devices without the examinee's knowledge.
43-36-13. (a) A polygraph examination shall consist of:
(1) A full and complete pretest interview;
(2) Chart examination; and
(3) A posttest interview when necessary. Such interview will include, but not be limited to, the examinee being informed of the examiner's opinion concerning the test results and an opportunity for the examinee to respond to those opinions rendered.
(b) No part of a polygraph examination shall be conducted other than personally by the polygraph examiner.
(c) (1) All conclusions or opinions of a polygraph examiner arising from the polygraph examination shall be in writing and shall be based on polygraph chart analysis. A polygraph examiner shall not render any conclusions or opinions without having produced two or more polygraph charts on the examinee covering the same questions.
(2) Only three types of conclusions or opinions will be rendered by a polygraph examiner:
(A) Deception indicated;
GEORGIA LAWS 1985 SESSION
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(B) No deception indicated; or
(C) Inconclusive chart analysis.
(3) Such conclusions or opinions shall contain no information other than admissions to relevant issues and interpretation of charts and shall contain no recommendation regarding the prospective or continued employment of an examinee.
(4) A polygraph examiner shall, upon written request, provide an examinee who requests within 15 days of the date of examination a written copy of all opinions or conclusions rendered and signed by the polygraph examiner within 15 days of the date the request is received by the examiner. The board is authorized to establish by rule a reasonable fee for the provision of such copy.
(d) No person except a licensed polygraph examiner shall conduct an interview in the presence of a polygraph which might lead the examinee to believe that such person is a polygraph examiner.
(e) A polygraph examiner shall not ask a question during a polygraph examination unless, prior to such examination, such question has been submitted in writing to the examinee, the polygraph examiner has reviewed such question with the examinee, and the examinee gives written consent to such question.
43-36-14. A polygraph examiner shall not inquire into any of the following areas during preemployment or periodic employment examinations:
(1) Religious beliefs or affiliations;
(2) Beliefs or opinions regarding racial matters;
(3) Political beliefs or affiliations;
(4) Beliefs, affiliations, or lawful activities regarding unions or labor organizations; or
(5) Sexual preferences or activities.
1018
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-36-15. (a) In order to protect the rights of the examinee in the administration of a polygraph examination, the following minimum procedures must be followed:
(1) Each prospective examinee shall be required to sign a notification and receive a copy of such notification, prior to the beginning of a polygraph examination, which contains the following information:
(A) That he is consenting voluntarily to take the examination;
(B) That the polygraph examiner shall not inquire into any of the following areas during preemployment or periodic examinations:
(i) Religious beliefs or affiliations;
(ii) Beliefs or opinions regarding racial matters;
(iii) Political beliefs or affiliations;
(iv) Beliefs, affiliations, or lawful activities regarding unions or labor organizations; or
(v) Sexual preferences or activities;
(C) That he may terminate the examination at any time;
(D) That, upon written request, he shall be provided with a written copy of any opinions or conclusions rendered as a result of the examination. The board is authorized to establish by rule a reasonable fee for the provision of such copy;
(E) The name of the polygraph examiner, his polygraph examiner license number issued by the board, and his business address;
(F) The name and address of the State Board of Polygraph Examiners; and
GEORGIA LAWS 1985 SESSION
1019
(G) That he has the right to file a complaint with the board if he feels that the examination has been improperly conducted. The exact wording of this provision of the notification shall be prescribed by rules or regulations of the board;
(2) The board shall provide by rule for the form of the notification provided for in paragraph (1) of this subsection;
(3) (A) A polygraph examiner, when administering a polygraph examination, shall not attempt to measure stressful physiological responses on matters or issues not discussed with the subject during the pretest interview or not reasonably related to the matters or issues previously discussed with the subject.
(B) No polygraph examiner after conducting a preemployment polygraph examination shall conduct an accusatory interrogation for the purpose of eliciting a confession or admission against interest from the examinee; provided, however, that this subparagraph shall not preclude a polygraph examiner from informing the examinee of the results of the polygraph examination and giving the examinee an opportunity to explain such results.
(C) A polygraph examiner shall not knowingly coerce or intimidate a subject into signing a confession or verbally confessing to matters.
(D) A polygraph examiner shall not release the results of a subject's examination unless the examiner has obtained the prior written permission of the subject.
(E) A polygraph examiner shall not conduct an examination of a subject if the examiner knows or has reason to believe that the subject is mentally or physically incapable of undergoing a polygraph examination.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(F) An examinee shall be allowed to tape-record his examination concerning any matters directly relating to employment; and
(4) A licensed polygraph examiner, a licensed polygraph examiner intern, or an employee of a licensed polygraph examiner may only disclose information acquired from a polygraph examination to:
(A) The examinee or any other person specifically designated in writing by the examinee;
(B) The person, firm, corporation, partnership, business entity, or governmental agency that requested the examination; or
(C) Any person pursuant to and directed by court order.
(b) The rights and procedures provided for in this Code section shall not be affected by any contract or waiver and a polygraph examiner shall be prohibited from requesting that an examinee execute any such contract or waiver.
43-36-16. A polygraph examiner shall preserve and keep on file for a minimum of two years after administering a polygraph examination all opinions, reports, charts, question lists, and all other records relating to the polygraph examination.
43-36-17. (a) Except as otherwise provided in subsection (b) of this Code section, any polygraph examiner licensed under this chapter shall be required to acquire and maintain a minimum of $25,000.00 professional liability insurance. No licensee or applicant shall cancel or cause to be canceled any insurance policy 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.
GEORGIA LAWS 1985 SESSION
1021
(b) (1) In lieu of the requirements of subsection (a) of 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 $10,000.00, 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. 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-secretary's approval. 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 financial affidavit in lieu of the bond required by this subsection. The board shall 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 insurance policy or the bond issued as a requirement of this Code section is canceled for any reason by either the insurance carrier, surety, or licensee and the licensee fails to submit within ten days of the effective date of the cancellation either a new insurance policy, bond, or net worth statement showing that the licensee has a net worth of $50,000.00, calculated accord-
1022
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing to standard accounting procedures, the license of such person shall stand revoked. The board shall by rules and regulations provide procedures which will enable such a person with a revoked license to have the license reinstated upon proof of insurance, bond, or appropriate net worth statement.
(c) The board is authorized to provide by rule for the implementation and enforcement of this Code section.
(d) This Code section shall not apply to a polygraph examiner employed by a municipal, county, state, or federal agency as long as such examiner's sole use of the polygraph is in performance of his official duties.
43-36-18. Investigative and disciplinary authority of the board shall be as provided for in Code Section 43-1-19.
43-36-19. It shall be unlawful for any person to conduct polygraph examinations unless he shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who conducts or attempts to conduct polygraph examinations without a license, or who buys or fraudulently obtains a license to conduct polygraph examinations, or who violates any of the terms of this chapter, or who uses the title 'polygraph examiner' or any word or title to induce the belief that he is a polygraph examiner, without first complying with this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $500.00, or by imprisonment in the county jail for not less than 30 days nor more than one year, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses and punishable in like manner.
43-36-20. It shall be unlawful for an employer or prospective employer to charge or require an employee or prospective employee to pay for any polygraph examination required as a condition of preemployment or continued employment.
43-36-21. This chapter shall not apply to any person who uses a polygraph for the sole purpose of conducting
GEORGIA LAWS 1985 SESSION
1023
scientific or academic research or experiments. Such results shall be used exclusively for academic or scientific pursuits and in no way shall be used for specific employment or law enforcement or public safety objectives.
43-36-22. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Polygraph Examiners shall be terminated on July 1, 1987, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section immediately following Code Section 51-1-36, to be designated Code Section 51-1-37, to read as follows:
"51-1-37. (a) Any person who is given a polygraph examination and who suffers damages as a result of:
(1) Such polygraph examination having been administered in a negligent manner; or
(2) Such polygraph examination having not been administered in conformity with the provisions of Chapter 36 of Title 43
shall have a cause of action against the polygraph examiner.
(b) The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys' fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to, the expenses of discovery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination."
Section 3. Nothing contained in this Act shall be construed so as to authorize the results of any polygraph examination to be introduced in evidence in any judicial or administrative
1024
GENERAL ACTS AND RESOLUTIONS, VOL. I
proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
MENTALLY ILL, ALCOHOLIC, OR DRUG DEPENDENT PERSONS -- EMERGENCY RECEIVING FACILITIES; INVOLUNTARY OUTPATIENT TREATMENT; TIME PERIODS; PROCEDURE.
Code Title 37, Chapters 3 and 7 Amended.
No. 626 (Senate Bill No. 6).
AN ACT
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the period for which a mentally ill, alcoholic, or drug dependent person may be detained in an emergency receiving facility; to change who may prepare certain plans; to provide for length of involuntary outpatient treatment and discharge therefrom; to change certain procedures when a mentally ill, alcoholic, or drug dependent person fails or refuses to comply with involuntary outpatient service plans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 1985 SESSION
1025
Section 1.1 Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking subsection (a) of Code Section 37-3-43, relating to rights to a timely examination of mentally ill persons after emergency admission, and inserting in its place a new subsection to read as follows:
"(a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 48 hours of his admission unless:
(1) The examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody.
Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient."
Section 2. Said title is further amended by striking subsections (c) and (d) of Code Section 37-3-81, relating to detention of mentally ill patients in facilities beyond the evaluation period, and inserting in their place the following:
"(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing no sooner than seven days and no later than
1026
GENERAL ACTS AND RESOLUTIONS, VOL. I
12 days after the petition is filed with the court. Such hearing shall be to determine whether or not the patient is a mentally ill person requiring involuntary treatment, but the hearing may be waived in writing by the patient. At such hearing, if the court does not find that the patient is a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is a mentally ill person requiring involuntary treatment, the court shall determine, based upon either the individualized service plan prepared by the physician responsible for treatment of the patient at the facility in conjunction with and in agreement with the physician to be responsible for the outpatient care or the individualized service plan proposed by the physician chosen by the patient, whether there exists a program of treatment for the individual which does not require hospitalization. If the court finds that an alternative outpatient program exists, that such a program meets the requirements for an individualized service plan, and that, under such a program, the danger presented by the patient to himself or others can be safely controlled, then the court shall order the patient to comply with that service plan. If the court concludes from the evidence that the least restrictive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as provided in Code Section 37-3-101, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the accomplishment of the treatment goals for the patient requires some limited period of hospitalization followed by treatment as an outpatient in a community mental health center, then the court may so order.
(d) If the court concludes that the patient is in need of involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-3-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospital-
GEORGIA LAWS 1985 SESSION
1027
ization under Code Section 37-3-83. The court may order the involuntary outpatient treatment of a patient under subsection (c) of this Code section for any period not to exceed six months, but at any time that patient is found by the outpatient treating physician no longer to require involuntary outpatient treatment under the standards therefor in subsection (c) of this Code section, that physician may discharge the patient from such involuntary treatment upon giving notice thereof as provided in subsection (c) of Code Section 37-3-85."
Section 3. Said title is further amended by striking Code Section 37-3-82, relating to procedures upon failure of mentally ill persons to comply with involuntary outpatient treatment plans, and inserting in its place a new Code section to read as follows:
"37-3-82. (a) If at any time during a period of involuntary outpatient treatment the physician in charge of the patient's treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then the treating physician may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided in this Code section. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court of the county in which the treatment facility is located an updated individualized service plan for the patient. Copies of such petition shall be served upon the patient and his representatives within five days after the patient is taken into custody pursuant to such order and shall be accompanied by a copy of the updated plan as provided for in paragraph (3) of subsection (a) of Code Section 37-3-81 and those items required by paragraphs (1), (2), (4), and (5) of subsection (a) of Code Section 37-3-81. No sooner than ten days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held in the court of the county in which the treatment facility is located to deter-
1028
GENERAL ACTS AND RESOLUTIONS, VOL. I
mine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Code Section 37-3-81, subject to the limitations in subsection (d) of Code Section 37-3-81.
(b) If at any time during a period of involuntary outpatient treatment the patient fails or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility specified in the order, shall be examined by a physician at that facility, and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the examining facility within four hours after being taken into custody unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, and unless within those four hours that physician petitions the court, which court issued the order requiring the patient be brought for examination, for an order requiring the patient to be transported to a treatment facility pending completion of a full and fair hearing. If the physician's petitioned-for order is issued, the patient shall be transported, as provided in Code Section 37-3-101, to the treatment facility within eight hours after first being taken into custody. The procedures regarding a patient so ordered to a treatment facility shall thereafter be as provided in subsection (a) of this Code section for patients so ordered. If the physician's petitioned-for order is not issued within eight hours after the patient is first taken into custody, the patient shall be released immediately from custody, but such release shall in no way affect any order requiring involuntary outpatient treatment of the patient."
GEORGIA LAWS 1985 SESSION
1029
Section 4. Said title is further amended by striking subsection (a) of Code Section 37-7-43, relating to rights to a timely examination of alcoholic and drug dependent individuals after emergency admission, and inserting in its place a new subsection to read as follows:
"(a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 48 hours of his admission unless:
(1) The examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody.
Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient."
Section 5. Said title is further amended by striking subsections (c) and (d) of Code Section 37-7-81, relating to the detention of alcoholic and drug dependent individuals in facilities beyond the evaluation period, and inserting in their place the following:
"(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing no sooner than seven days and no later than
1030
GENERAL ACTS AND RESOLUTIONS, VOL. I
12 days after the petition is filed with the court. Such hearing shall be to determine whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, but the hearing may be waived in writing by the patient. At such hearing, if the court does not find that the patient is a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall determine, based upon either the individualized treatment plan prepared by the physician responsible for treatment of the patient at the facility in conjunction with and in agreement with the physician to be responsible for the outpatient care or the individualized treatment plan proposed by the physician chosen by the patient, whether there exists a program of treatment for the individual which is an alternative to hospitalization. If the court finds that an alternative outpatient program exists, that such a program meets the requirements for an individualized treatment plan, and that, under such a program, the danger presented by the patient to himself or others can be safely controlled, then the court shall order the patient to comply with the treatment plan. If the court concludes from the evidence that the least restrictive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as provided in Code Section 37-7-101, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the accomplishment of the treatment goals for the patient requires some limited period of hospitalization followed by treatment as an outpatient in a community mental health center, then the court may so order.
(d) If the court concludes that the patient is in need of involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-7-85. If continued hospitalization is necessary at the end of that period, the chief medical officer
GEORGIA LAWS 1985 SESSION
1031
shall apply for an order authorizing such continued hospitalization under Code Section 37-7-83. The court may order the involuntary outpatient treatment of a patient under subsection (c) of this Code section for any period not to exceed six months, but at any time that patient is found by the outpatient treating physician no longer to require involuntary outpatient treatment under the standards therefor in subsection (c) of this Code section, that physician may discharge the patient from such involuntary treatment upon giving notice thereof as provided in subsection (c) of Code Section 37-7-85."
Section 6. Said title is further amended by striking Code Section 37-7-82, relating to procedures upon failure of alcoholic and drug dependent individuals to comply with outpatient treatment plans, and inserting in its place a new Code section to read as follows:
"37-7-82. (a) If at any time during a period of involuntary outpatient treatment the physician in charge of the patient's treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then the treating physician or the chief medical officer of the facility may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided in this Code section. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court of the county in which the treatment facility is located an updated individualized treatment plan for the patient. Copies of such petition shall be served upon the patient and his representatives within five days after the patient is taken into custody pursuant to such order and shall be accompanied by a copy of the updated plan as provided for in paragraph (3) of subsection (a) of Code Section 37-7-81 and those items required by paragraphs (1), (2), (4), and (5) of subsection (a) of Code Section 37-7-81. No sooner than ten days and no later than 15 days after the patient is taken into custody, a full and
1032
GENERAL ACTS AND RESOLUTIONS, VOL. I
fair hearing shall be held in the court of the county in which the treatment facility is located to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Code Section 37-7-81, subject to the limitations of subsection (d) of Code Section 37-7-81.
(b) If at any time during a period of involuntary outpatient treatment the patient fails or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility specified in the order, shall be examined by a physician at that facility, and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the examining facility within four hours after being taken into custody unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, and unless within those four hours that physician petitions the court, which court issued the order requiring the patient be brought for examination, for an order requiring the patient to be transported to a treatment facility pending completion of a full and fair hearing. If the physician's petitioned-for order is issued, the patient shall be transported, as provided in Code Section 37-7-101, to the treatment facility within eight hours after first being taken into custody. The procedures regarding a patient so ordered to a treatment facility shall thereafter be as provided in subsection (a) of this Code section for patients so ordered. If the physician's petitioned-for order is not issued within eight hours after the patient is first taken into custody, the patient shall be
GEORGIA LAWS 1985 SESSION
1033
released immediately from custody, but such release shall in no way affect any order requiring involuntary outpatient treatment of the patient."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
TORTS -- LIABILITY OF OWNERS AND KEEPERS FOR INJURIES CAUSED BY ANIMALS.
Code Section 51-2-7 Amended.
No. 627 (Senate Bill No. 16).
AN ACT
To amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals may be liable for injuries caused by their animals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 51-2-7 to read as follows:
"51-2-7. A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own
1034
GENERAL ACTS AND RESOLUTIONS, VOL. I
act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
CONFLICTS OF INTEREST -- CERTIFIED ORAL OR MANUAL INTERPRETERS FOR DEAF PERSONS.
Code Section 45-10-25 Amended.
No. 628 (Senate Bill No. 54).
AN ACT
To amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies by public officials and employees, so as to permit certified oral or manual interpreters for deaf persons to enter into part-time employment with other departments or agencies of the state even though they are already employed by the state; 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 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on
GEORGIA LAWS 1985 SESSION
1035
transactions with state agencies by public officials and employees, is amended by striking paragraph (8) of subsection (a) in its entirety and inserting in lieu thereof the following:
"(8) Any transaction involving part-time employment by any agency of a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, a registered nurse or licensed practical nurse, or a certified oral or manual interpreter for deaf persons, if employed by the state, if:
(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 master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, a registered nurse or licensed practical nurse, or a certified oral or manual interpreter for deaf persons 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 master's degree from an accredited college or university, the licensed physician, dentist, or psychologist, the registered nurse or licensed practical nurse, or the certified oral or manual interpreter for deaf persons 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 person's employment and, where appropriate, that the part-time employment of such person by the department, agency, commission, or authority desirous of obtaining the services will be in the best interest of the state;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 consultant, 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, or authorities;".
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
ARMED ROBBERY -- TAKING CONTROLLED SUBSTANCES FROM A PHARMACY OR WHOLESALE DRUGGIST.
Code Section 16-8-41 Amended.
No. 629 (Senate Bill No. 57).
AN ACT
To amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to change the provisions relating to armed robbery; to provide a certain penalty in cases where a defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or
GEORGIA LAWS 1985 SESSION
1037
a wholesale druggist; to provide a certain penalty in cases where a defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person; to provide procedures for proof of certain facts; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, is amended by striking Code Section 16-8-41 in its entirety and inserting in lieu thereof a new Code Section 16-8-41 to read as follows:
"16-8-41. (a) A person commits the offense of armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
0)) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than five nor more than 20 years; provided, however, that, for a second or subsequent such offense, the defendant shall be punished by imprisonment for not less than ten years. The preceding provisions of this Code section notwithstanding, in any case in which the defendant committed armed robbery and in the course of the commission of the offense intentionally, with an offensive weapon, or any replica, article, or device having the appearance of such weapon, inflicted serious bodily injury on a person, such fact shall be charged in the indictment or accusation and if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than ten years.
1038
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) (1) The preceding provisions of this Code section notwithstanding, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist, such fact shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than ten years; provided, however, that, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(2) As used in this subsection, the term:
(A) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-1329.
(B) 'Pharmacy' means any place licensed in accordance with Part 4 of Article 2 of Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, including any and all portions of any building or structure leased, used, or controlled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term 'pharmacy' shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dispensing of any controlled substance.
(C) 'Wholesale druggist' means an individual, partnership, corporation, or association registered with the State Board of Pharmacy under Part 4 of Article 2 of Chapter 4 of Title 26.
GEORGIA LAWS 1985 SESSION
1039
(d) Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under subsection (a), (b), or (c) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
INSURANCE -- GROUP HEALTH INSURANCE; DISCONTINUANCE; GRACE PERIODS; NOTICES.
Code Section 33-30-12 Enacted.
No. 630 (Senate Bill No. 60).
AN ACT
To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for grace periods prior to discontinuing certain group health insurance policies and to provide for notices of discontinuance; 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 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code section to read as follows:
"33-30-12. (a) As used in this Code section, the term:
(1) 'Group health insurance policy' means an accident and sickness insurance policy or subscriber contract which provides benefits on a medical expense incurred basis and which is issued or provided by an insurer on a group or group-type basis covering persons as employees of employers or as members of unions or associations.
1040
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) 'Group-type basis' means a benefit plan, other than a salary budget plan utilizing individual insurance policies or contracts, which meets the following conditions:
(A) Coverage is provided through insurance policies or subscriber contracts to classes of employees or members defined in terms of conditions pertaining to employment or membership;
(B) The coverage is not available to the general public and can be obtained and maintained only because of the covered person's employment or membership in or in connection with the particular union or association;
(C) There are arrangements for bulk payment of premiums to the insurer; and
(D) There is sponsorship of the plan by the employer, union, or association.
(3) 'Insurer' means an insurance company, nonprofit hospital service corporation, medical service nonprofit corporation, fraternal benefit society, health care plan, health maintenance organization, or other similar entity which issues or provides a group health insurance policy.
(4) 'Premium' means the premium or subscription charge for a group health insurance policy.
(b) Every group health insurance policy issued or issued for delivery in this state which covers less than 200 lives shall contain a provision to the effect that, in the event that there is a cancellation of coverage under the policy by the insurer and no replacement policy is provided through the employer, union, or association, a written notice shall be sent to at least the last 50 certificate holders, subscribers, or individual policyholders in this state, or the actual number of such persons if less, to or for whom the insurer has paid benefits under the policy within the last 12 months advising such persons that their coverage is being terminated. The notice shall be sent to each such person by first-
GEORGIA LAWS 1985 SESSION
1041
class mail to the last home address of such person contained in the files of the insurer or, if no name or address is contained in the insurer's files, to such person in care of the employer, union, or association, marked 'personal,' advising them that their coverage is being terminated. The notice shall be sent to each such person by first-class mail at least 20 days prior to the last date of coverage under the policy, the last day of any applicable grace period, or the last date on which any insured has an opportunity to exercise any conversion privilege under the policy, whichever shall last occur. Such notice shall advise such persons of their benefits and rights during any applicable grace period and shall request that the persons receiving such notice inform other persons covered under the policy of the termination of coverage.
(c) In no event shall an individually underwritten and issued insurance policy which provides a contractual right of renewal regardless of employment or membership in or connection with any particular union, association, organization, or group be deemed to be issued on a group-type basis, irrespective of the mode or channel of premium payment and regardless of any reduction in premium the covered person may receive by virtue of such method of premium collection."
Section 2. This Act shall become effective March 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
1042
GENERAL ACTS AND RESOLUTIONS, VOL. I
LEGAL ADVERTISEMENTS -- RATES ALLOWED PUBLISHERS.
Code Section 9-13-143 Amended. No. 631 (Senate Bill No. 78). AN ACT
To amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to the rates to be allowed to publishers for publishing legal advertisements, so as to change the amount of the rates so allowed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to the rates to be allowed to publishers for publishing legal advertisements, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The rates to be allowed to publishers for publishing legal advertisements shall be as follows:
(1) For each 100 words, not more than the sum of $6.50 for each insertion for the first four insertions;
(2) For each subsequent insertion, not more than the sum of $5.50 per 100 words.
In all cases fractional parts shall be charged for at the same rates."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
1043
CONTRACTS FOR PUBLIC WORKS -- PROGRESS PAYMENTS; RETAINAGES.
Code Section 13-10-2 Enacted.
No. 632 (Senate Bill No. 91).
AN ACT
To amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site; to provide for limitations upon amounts to be retained by the owner on contractors and amounts to be retained by the contractor on subcontractors and by subcontractors on lower tier subcontractors in certain contracts involving the state, its departments, institutions, agencies, political subdivisions, boards of education, and authorities and in certain subcontracts relating thereto; to provide for exceptions; 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. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, is amended by adding at the end of said article a new Code section, to be designated as Code Section 13-10-2, to read as follows:
"13-10-2. (a) As used in this Code section, the term:
(1) 'Contractor' means a person having a direct contract with the owner.
(2) 'Lower tier subcontractor' means a person other than a contractor having a direct contract with a subcontractor.
(3) 'Owner' means the state, any county, municipal corporation, authority, board of education, or other public board, public body, department, agency, instrumentality, or political subdivision of the state.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) 'Owner's authorized contract representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owner's interest regarding administration and oversight of the project.
(5) 'Subcontractor' means a person other than an owner having a direct contract with the contractor.
(b) In any contract for the performance of any construction project entered into on or after July 1, 1985, with an owner, as defined in paragraph (3) of subsection (a) of this Code section, such contract shall provide for the following:
(1) After work has commenced at the construction site, progress payments to be made on some periodic basis, and at least monthly, based on the value of work completed as may be provided in the contract documents plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and at the owner's discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the owner's authorized contract representative when allowed by the contract documents, less retainage; and
(2) (A) Retainage to a maximum of 10 percent of each progress payment; provided, however, that, when 50 percent of the contract value including change orders and other additions to the contract value provided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the owner's authorized contract representative, the owner shall withhold no more retainage. At the discretion of the owner and with the approval of the contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his work.
GEORGIA LAWS 1985 SESSION
1045
(B) If, after discontinuing the retention, the owner's authorized contract representative determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by an owner, the contractor and subcontractors shall be entitled to resume withholding retainage accordingly.
(C) At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the owner's authorized contract representative determines the work to be reasonably satisfactory, the owner shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the owner's authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear.
(D) The contractor shall, within ten days from the contractor's receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the contractor's retainage is reduced by the owner, provided that the value of each subcontractor's work complete and in place equals 50 percent of his subcontract value, including approved change orders and other additions to the subcontract value and provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his work including any warranty work as the contractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond.
1046
GENERAL ACTS AND RESOLUTIONS, VOL. I
(E) The subcontractor shall, within ten days from the subcontractor's receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the contractor, provided that the value of each lower tier subcontractor's work complete and in place equals 50 percent of his subcontract value, including approved change orders and other additions to the subcontract value and provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his work including any warranty work as the subcontractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond.
(c) This Code section shall not apply to:
(1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or highways in this state or purposes incidental thereto; or
(2) Any contracts whose value or duration at the time of the award does not exceed $150,000.00 or 45 days in duration.
(d) Contract and subcontract provisions inconsistent with the benefits extended to contractors, subcontractors, and lower tier subcontractors by this Code section shall be unenforceable; provided, however, that nothing in this Code section shall render unenforceable any contract or subcontract provisions allowing greater benefits to be extended to such contractors, subcontractors, or lower tier subcontractors, the provisions and benefits of this Code section being minimal only.
(e) Nothing shall preclude a payor under this Code section, prior to making a payment, from requiring the payee
GEORGIA LAWS 1985 SESSION
1047
to submit satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GAME AND FISH -- DEFINITIONS; FEES; BAIT DEALERS; COMMERCIAL SALT-WATER FISHING; SPORT BAIT
SHRIMPING; COMMERCIAL BAIT SHRIMPING; LOCAL BUSINESS LICENSES; SALES TAX CERTIFICATES.
Code Sections 27-1-2, 27-2-23, 27-4-113, 27-4-170, and 27-4-171 Amended.
No. 633 (Senate Bill No. 94).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide a definition of a ten-foot net; to provide a definition of a 20 foot net; to change the fees for resident and nonresident bait dealers' licenses; to change the description of certain equipment which may be used in commercial salt-water fishing; to change the description of the net that may be used for sport bait shrimping; to change the criteria by which rivers or creeks may be opened or closed for sport bait shrimping; to change the description of the net that may be used for commercial bait shrimping; to change the criteria by which rivers or creeks may be opened or closed to commercial bait shrimping; to require the advertisement of commercial bait shrimping facilities; to require that commercial bait shrimp dealers have certain local business licenses and a sales tax certificate of registration; to provide an effective date; to repeal conflicting laws; and for other purposes.
1048
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 inserting between paragraphs (71) and (72) of Code Section 27-1-2, relating to definitions used in the "Game and Fish Code," a new paragraph (71.1) to read as follows:
"(71.1) 'Ten-foot net' means a trawl with a cork line not to exceed ten feet from tie-to-tie between the first and last mesh across the mouth of the net, a lead line not to exceed 13 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the door beyond the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line."
Section 2. Said title is further amended by inserting between paragraphs (72) and (73) of Code Section 27-1-2, relating to definitions used in the "Game and Fish Code," a new paragraph (72.1) to read as follows:
"(72.1) 'Twenty-foot net' means a trawl with a cork line not to exceed 20 feet from tie-to-tie between the first and last mesh across the mouth of the net, a lead line not to exceed 25 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the doors beyond the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line."
Section 3. Said title is further amended by striking subparagraphs (R) and (S) of paragraph (7) of Code Section 27-223, relating to license, permit, and stamp fees in the "Game and Fish Code," and inserting in lieu thereof new subparagraphs (R) and (S) of paragraph (7) to read as follows:
"(R) Resident bait dealer license
Season
25.00
GEORGIA LAWS 1985 SESSION
1049
(S) Nonresident bait dealer license
Season
150.00"
Section 4. Said title is further amended by striking paragraph (1) of Code Section 27-4-113, relating to gear which may be used in commercial salt-water fishing, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Power-drawn nets or trawls used to take seafood from any of the salt waters of this state in accordance with Article 4 of this chapter;"
Section 5. Said title is further amended by striking subsection (a) of Code Section 27-4-170, relating to sport bait shrimping, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any provision of this title to the contrary notwithstanding, any person who has a sport bait shrimping license may use a power-drawn net in accordance with this Code section, such net not to be larger than a ten-foot net as defined in paragraph (71.1) of Code Section 27-1-2 and to be constructed of mesh not smaller than one inch when stretched, for the purpose of taking shrimp to be used for live bait in this state, provided that the shrimp are not to be sold. It shall be unlawful to engage in the taking of shrimp to be so used at any time except between the hours of onehalf hour before official sunrise and one-half hour after official sunset. It shall also be unlawful to engage in the taking of shrimp pursuant to this Code section except in those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made in accordance with current, sound principles of wildlife research and management as provided in Code Section 27-4-130 and shall be made jointly by the commissioner, the member of the board from the First Congressional District, and the member of the board from one of the following named counties: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden. No person taking shrimp under this subsection shall possess more than two quarts of bait shrimp at any time, no more than one-half pint of which may be dead; but any such person may take
1050
GENERAL ACTS AND RESOLUTIONS, VOL. I
a maximum of four quarts of bait shrimp during any 24 hour period. When two or more persons taking shrimp under this subsection occupy the same boat, at least one such person must have a sport bait shrimping license; and there may be no more than four quarts of bait shrimp on board the boat at any time, no more than one pint of which may be dead; but the persons occupying the boat may take a maximum of eight quarts of bait shrimp during any 24 hour period. Possessing or taking more than the limits prescribed in this subsection shall be unlawful. Possessing more than these limits shall be prima-facie evidence that the shrimp were taken for some purpose other than to be used as live bait."
Section 6. Said title is further amended by striking subsection (a) of Code Section 27-4-171, relating to bait shrimp dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to engage in the taking of shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license as provided in Code Section 27-2-23 or is a full-time employee of such person, provided that it shall be lawful for a part-time employee of such person to sell shrimp for bait at the bait dealership. No such license shall be issued for a bait dealership to be located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4-133 are unloaded, handled, processed, sold, or otherwise distributed. In addition to complying with subsection (b) of this Code section, any applicant for such a license must first file with the commissioner a forfeiture bond in the form prescribed by the department, executed by a bonding, surety, or insurance company licensed to do business in this state, in the favor of the state in the amount of $1,000.00, conditioned upon the faithful compliance by the person and all his employees with all the laws and regulations relating to the taking, possession, and sale of bait shrimp, provided that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for above. The term of the bond shall be one year and shall correspond to the period of the bait dealer license, which
GEORGIA LAWS 1985 SESSION
1051
shall be April 1 to March 31. The bond shall be in addition to the commercial fishing boat license (where applicable) required by Code Section 27-2-8 and in lieu of the commercial fishing license required by Code Section 27-4-110. Notation of execution of the bond shall be stamped or endorsed on the applicant's bait dealer license. It shall be unlawful for any person engaging in the taking of shrimp for live bait pursuant to this Code section to use any power-drawn net which is either larger than a 20 foot net as defined in paragraph (72.1) of Code Section 27-1-2 or constructed of mesh smaller than one inch when stretched. It shall also be unlawful to engage in the taking of shrimp pursuant to this Code section at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset. All salt waters of this state shall be closed to the taking of shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130 and shall be made jointly by the commissioner, the member of the board from the First Congressional District, and the member of the board from one of the following named counties: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden. It shall also be unlawful for any person taking shrimp pursuant to this Code section to have on board the boat used for the taking more than 50 quarts of shrimp at any one time, no more than 10 percent of which may be dead. It shall also be unlawful for any person engaging in the taking of shrimp pursuant to this Code section to fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth in subsection (b) of this Code section, except that it shall not be necessary for the boat to meet the requirements of paragraph (4) of subsection (b) of this Code section."
Section 7. Said title is further amended by striking subsection (n) of Code Section 27-4-171, relating to bait shrimp dealers, and inserting in lieu thereof a new subsection (n) to read as follows:
"(n) It shall be unlawful for any licensed bait dealer to fail to publicly advertise his facility. For the purpose of
1052
GENERAL ACTS AND RESOLUTIONS, VOL. I
advertising in accordance with this subsection, each established bait shrimp dealer shall display prominently on the road or drive leading to the facility and on any related dock a sign or signs which shall include the following: (1) 'LIVE BAIT FOR SALE' and (2) the hours and days of operation. Signs shall be at least 24 inches by 18 inches in size and shall display letters and numbers at least three inches in height."
Section 8. Said title is further amended by inserting at the end of Code Section 27-4-171, relating to bait shrimp dealers, a new subsection (p) to read as follows:
"(p) It shall be unlawful for any licensed bait dealer to fail to have and display any current business license required by the county or city in which the bait dealership is located and a sales tax certificate of registration issued pursuant to Code Section 48-8-59.
(q) Before the Department of Natural Resources issues a bait dealer license the Department of Natural Resources shall inspect the bait dealer facilities to determine if the facilities comply with Code Section 48-8-59, within 30 days from the time application for license is received."
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, 1985.
GEORGIA LAWS 1985 SESSION
1053
COUNTIES -- COMMENCEMENT OF ACTIONS BY DISTRICT ATTORNEYS TO COMPEL COUNTY GOVERNING
AUTHORITIES TO COMPLY WITH LAWS; GRAND JURY INSPECTIONS AND REPORTS.
Code Sections 15-12-79 and 36-9-10 Amended.
No. 634 (Senate Bill No. 119).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions relative to the institution of proceedings to compel compliance with relevant law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-12-79, relating to inspection of public buildings by the county grand jury, in its entirety and inserting in lieu thereof a new Code Section 15-12-79 to read as follows:
"15-12-79. The first or second grand jury impaneled in each calendar year shall inspect all the public buildings and other property of the county and the county records and shall report their condition in the general presentments. There shall be only one such inspection in a calendar year unless the inspecting grand jury or a grand jury impaneled later in the same year deems it necessary to inspect the property more than once during the same year."
Section 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-9-10, relating to inspection of county buildings by the grand jury, in its entirety and inserting in lieu thereof a new Code Section 36-9-10 to read as follows:
"36-9-10. It shall be the duty of the grand juries to inspect all the public buildings and other property of the
1054
GENERAL ACTS AND RESOLUTIONS, VOL. I
county and the county records and to report in their general presentments their condition."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
INSURANCE -- MUNICIPAL, COUNTY, OR POLITICAL SUBDIVISION MOTOR VEHICLE INSURANCE.
Code Section 33-24-51 Amended.
No. 635 (Senate Bill No. 125).
AN ACT
To amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to authorization of purchase by municipalities, counties, or other political subdivisions of certain motor vehicle insurance, so as to remove certain prohibitions regarding the suggestion of the existence of any insurance which covers, in whole or in part, certain judgments or awards; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to authorization of purchase by municipalities, counties, or other political subdivisions of certain motor vehicle insurance, is amended by striking subsection (d) and inserting in its place a new subsection to read as follows:
"(d) If the verdict rendered by the jury exceeds the limits of the applicable insurance, the court shall reduce the amount of said judgment or award to a sum equal to the applicable limits stated in the insurance policy."
GEORGIA LAWS 1985 SESSION
1055
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GENERAL ASSEMBLY -- PAYMENT OF ACTUAL TRANSPORTATION COSTS DURING SESSIONS.
Code Section 28-1-8 Amended.
No. 636 (Senate Bill No. 149).
AN ACT
To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to authorize the payment of actual transportation costs when traveling by public carrier during sessions of the General Assembly in lieu of a mileage allowance; 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 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) During regular and extraordinary sessions of the General Assembly, each member shall also receive a daily expense allowance as provided for in Code Section 45-7-4. Each member shall also receive the mileage allowance for the use of a personal car when devoted to official business
1056
GENERAL ACTS AND RESOLUTIONS, VOL. I
as provided for in Code Section 50-19-7, for not more than one round trip to and from members residence and the state capitol by the most practical route, per calendar week, or portion thereof, during each regular and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance. For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allowance as provided for in Code Section 45-7-4 and the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties of the committee, the committee chairman must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service out of state as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. All such allowances shall be paid upon the submission of proper vouchers."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1985 SESSION
1057
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
COSMETOLOGISTS -- BEAUTY SHOPS AND SCHOOLS; SANITARY REQUIREMENTS; MILITARY INSTALLATIONS;
CERTIFICATES; QUALIFICATIONS; EMPLOYMENT OF BARBERS.
Code Title 43, Chapter 10 Amended.
No. 637 (Senate Bill No. 154).
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the provisions relating to definitions of certain terms; to change certain provisions relating to the frequency of meetings of the State Board of Cosmetology; to delete the requirement of an annual financial report of board; to change certain provisions relating to the rules and regulations as to sanitary requirements of beauty shops and schools; to provide that any person who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Georgia for a certain period shall be eligible to receive an appropriate certificate of registration under certain conditions; to delete certain provisions relating to requirements for certificate of registration; to change certain provisions relating to qualifications for licensure; to delete certain provisions relating to licensure renewal; to change certain provisions relating to registration of shops and schools; to change certain provisions relating to regulation of schools and instructors; to change certain provisions relating to the course of study for students of cosmetology; to change certain provisions relating to the study of cosmetology by persons over 16 years of age; to delete certain provisions relating
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to employees of beauty shops or salons who wash and shampoo hair; to authorize the employment of barbers in beauty shops or salons under certain conditions; to provide exceptions from Chapter 7 of Title 43; to change certain penalty provisions for violations of the chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in its entirety Code Section 43-10-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-10-1 to read as follows:
"43-10-1. As used in this chapter, the term:
(1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section.
(2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology.
(3) 'Board' means the State Board of Cosmetology.
(4) 'Cosmetologist' means any person who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair;
(B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance;
. (C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair;
(D) Performs nail care, pedicure, or manicuring services as defined in paragraph (6) of this Code section; or
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(E) Performs the services of an esthetician as defined in paragraph (5) of this Code section.
Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section.
(5) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care:
(A) Massaging the face or neck of a person;
(B) Trimming eyebrows;
(C) Dyeing eyelashes or eyebrows; or
(D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation.
Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition.
(6) 'Manicurist' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person.
(7) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) of this Code section for compensation.
(8) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section.
(9) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section.
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(10) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) of this Code section."
Section 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 43-10-2, relating to the State Board of Cosmetology, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-10-4, relating to annual financial reports, which reads as follows:
"43-10-4. On July 1 of each year the board shall report to the Governor a full statement of the receipts and disbursements of the board for the preceding year.",
and inserting in lieu thereof the following:
"43-10-4. Reserved."
Section 4. Said chapter is further amended by striking in its entirety Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, and inserting in lieu thereof a new Code Section 43-10-6 to read as follows:
"43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, and schools of nail care, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, and
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school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his business, so as to be easily read by his customers.
(b) Any inspector employed by the joint-secretary shall have the power to enter and make reasonable examination of any beauty shop, salon, and school in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof.
(c) Any beauty shop, salon, or school in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance. "
Section 5. Said chapter is further amended by striking in their entirety subsections (b), (c), and (d) of Code Section 4310-8, relating to requirements of certificate of registration, and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
"(b) It shall be unlawful for any person to hold himself out as a master cosmetologist without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on the effective date of this chapter from practicing at the master cosmetologist level as defined in paragraph (4) of Code Section 43-10-1.
(c) Notwithstanding any other provision of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) of Code Section 43-10-1.
(d) (1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of regis-
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tration at the manicurist level, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1.
(2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Georgia for three years prior to the effective date of this paragraph shall be eligible to receive a certificate of registration at the cosmetology, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985."
Section 6. Said chapter is further amended by striking in their entirety subsections (e) and (f) of Code Section 43-108, relating to requirements of certificate of registration, and inserting in lieu thereof new subsections (e) and (f) to read as follows:
"(e) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, school of cosmetology, school of esthetics, or school of nail care without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school shall register with the joint-secretary of the state examining boards prior to opening.
(f) This chapter shall have uniform application throughout the state so that no cosmetologist, beauty shop, school of cosmetology, school of esthetics, or school of nail care shall be exempt from regulation."
Section 7. Said chapter is further amended by striking in its entirety Code Section 43-10-9, relating to application for certificate of registration, and inserting in lieu thereof a new Code Section 43-10-9 to read as follows:
"43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him to engage in the occupation of cosmetology shall make application through the joint-secretary to the board and shall present proof that he has com-
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pleted the ninth grade of school instruction or its substantial equivalent. If, after review of application, it is determined that the applicant is at least 17 years of age; is of good moral character; has completed a 1500 credit hour study course at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1 and in all the duties and services incident thereto; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and shall pass the examination, a certificate of registration shall be issued to him entitling him to practice the occupation of master cosmetologist.
(b) Should an applicant under this Code section fail to pass such an examination, the board shall furnish him a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee.
(c) Any person approved for examination under this Code section shall be allowed to practice the occupation of cosmetology until the next examination that the applicant is scheduled to take. The board shall issue a permit authorizing such person so to practice until such examination. Thereafter, no further such permit shall be renewed or issued to the person to authorize such practice.
(d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements substantially equal to those in this state, and have paid to the joint-secretary a fee in such amount as shall be set by the board by regulation, the applicant may be
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issued, without examination, a certificate of registration at the appropriate level, entitling him or her to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require examination subject to the terms and provisions of this chapter.
(e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the joint-secretary to the board and shall present proof that he has completed the ninth grade of school instruction or its substantial equivalent. If, after review of application, it is determined that the applicant is at least 17 years of age; is of good moral character; has completed a 750 credit hour study course at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1500 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and shall pass the examination, a certificate of registration shall be issued to him entitling him to practice the occupation of cosmetology at the esthetician level.
(f) Any person desiring to obtain a certificate of registration at the manicurist level under the terms of this chapter shall make application through the joint-secretary to the board and shall present proof that he has completed the ninth grade of school instruction or its substantial equivalent. If, after review of application, it is determined that the applicant is at least 17 years of age, is of good moral character, has completed a 320 credit hour study course at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 640 credit hours, has practiced or studied nail care, is possessed of the requisite skill to perform properly these services, and the applicant pays to the joint-secretary an examination fee in such amount as shall be set by the board by regulation,
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presents himself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination, and passes the examination, then a certificate of registration shall be issued to him entitling him to practice the occupation of cosmetology at the manicurist level.
(g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology, at the master level, the esthetician level, or the manicurist level if they obtain their credit hour study at a State Board of Education approved school rather than a board approved school."
Section 8. Said chapter is further amended by striking in its entirety Code Section 43-10-10, relating to display of certificate of registration, and inserting in lieu thereof a new Code Section 43-10-10 to read as follows:
"43-10-10. The holder of any certificate of registration issued under Code Section 43-10-9 shall display the same in a conspicuous place in his shop or place of business. Certificates of registration issued under Code Section 43-10-9 shall be renewable biennially. The holder shall pay to the jointsecretary a renewal fee in such amount as shall be set by the board by regulation. Upon failure to renew such certificate of registration, it shall stand automatically revoked; and the holder shall be disqualified from practicing the occupation of cosmetology under this chapter until all fees to date of application for reinstatement shall be paid and an application for reinstatement submitted along with a reinstatement fee in such amount as shall be set by the board by regulation. If the board is satisfied that the applicant for reinstatement meets all the qualifications set forth in Code Section 43-10-9, the applicant shall be issued a new certificate of registration."
Section 9. Said chapter is further amended by striking in its entirety Code Section 43-10-11, relating to registration of shops, salons, schools, and colleges, and inserting in lieu thereof a new Code Section 43-10-11 to read as follows:
"43-10-11. All beauty shops, salons, schools of cosmetology, schools of esthetics, and schools of nail care shall be
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registered with the joint-secretary by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the joint-secretary; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school."
Section 10. Said chapter is further amended by striking in its entirety Code Section 43-10-12, relating to regulation of and permits for beauty schools, colleges, etc., and inserting in lieu thereof a new Code Section 43-10-12 to read as follows:
"43-10-12. (a) (1) All schools of cosmetology, schools of esthetics, or schools of nail care shall:
(A) Cause to be registered with the board, at the time of opening, 15 bona fide students who have not held a student license any time during the 12 months immediately preceding the date of their paid registration in such school;
(B) Have not less than one instructor for every 20 students or a fraction thereof; and
(C) Keep permanently displayed a sign 'School of Cosmetology,' 'School of Esthetics,' or 'School of Nail Care,' as the case may be; and all such signs shall also display the words 'Service by Students Only.' Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any person be employed by the schools to render professional service to the public.
(2) All schools of cosmetology, schools of esthetics, and schools of nail care are required to keep in a conspicu-
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ous place in such schools a copy of the rules and regulations adopted by the board.
(3) All cosmetologists who take an apprentice pursuant to Code Section 43-10-14 shall file immediately with the board through the joint-secretary the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the joint-secretary for that purpose.
(4) All schools are required to make quarterly reports of the hourly credits of their students to the board.
(b) Any person desiring to operate or conduct a school of cosmetology, school of esthetics, or school of nail care prior to opening shall first secure from the board a permit to do so and shall keep the permit prominently displayed in the school.
(c) The board shall have the right to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of esthetics, or school of nail care, provided that
(1) All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, facials, makeup and arching, skin care, nail care, state law, state rules and regulations, and any other subjects related to cosmetology;
(2) All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, charm, reception, desk work, art and laboratory, massaging the face or neck, trimming eyebrows, dyeing, waxing, stimulating, cleansing, or beautifying, state law, state rules and regulations, and any other subjects related to esthetics; and
(3) All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, charm, reception, desk work, art and laboratory, state
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law, state rules and regulations, and any other subjects related to nail care.
(d) (1) The board shall have the right to suspend or revoke the certificate, permit, or license of or to reprimand any such school of cosmetology, school of esthetics, or school of nail care, or instructor or teacher therein, for the violation of this chapter.
(2) The board shall have the same power and authority as to sanitary conditions over schools as it has over beauty shops and beauty salons.
(e) (1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his application with the joint-secretary for a license therefor and shall pay an examination fee in such amount as shall be set by the board by regulation. A person desiring to teach at the master level shall satisfy the board that he holds a current cosmetology license at the master level and also holds a diploma or certificate of 1500 credit hours from a board approved school, is a high school graduate, and has one year's instructor training in a registered school of cosmetology. A person desiring to teach at the esthetician level shall satisfy the board that he holds a current cosmetology license at the esthetician or master level and also holds a diploma or certificate of at least 750 credit hours from a board approved school, is a high school graduate, and has nine months' instructor training in a registered school of esthetics or school of cosmetology. A person desiring to teach at the manicurist level shall satisfy the board that he holds a current cosmetology license at the manicurist or master level and also holds a diploma or certificate of at least 320 credit hours from a board approved school, is a high school graduate, and has six months' instructor training in a registered school of nail care or school of cosmetology. Such persons shall also pass an examination at the appropriate level of instruction satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology at the appropriate level. Any person who
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has actively engaged in the practice of esthetics or nail care for five years prior to the effective date of this Code section shall be able to stand for examination to be licensed to teach at the appropriate level without meeting the credit hour and instructor training requirements, provided that such person holds a current license at the esthetician, manicurist, or master level, is a high school graduate or its equivalent, submits proper application and proof satisfactory to the board, and has paid or pays the required fees prior to November 1, 1985.
(2) Any teacher or instructor shall renew his license to teach cosmetology biennially by remitting with his application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his certificate of registration to practice as a cosmetologist on or before the date established by the board by regulation shall automatically have his license to teach or instruct revoked. A person failing to renew his teacher's license within two years after expiration shall be required to qualify under this chapter for an examination for a teacher's license.
(3) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the State Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1500 credit hours from a board approved school and have completed the three-year teachers training program required by the State Department of Education. Such persons shall also pass an examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology.
(f) All teachers or instructors of cosmetology at all levels seeking renewal of licenses are required to submit to the board proof of completion of ten hours of continuing education in the cosmetology profession approved by the board."
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Section 11. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-13, relating to authority of board to set course of study for students, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of esthetics, and schools of nail care within this state."
Section 12. Said chapter is further amended by striking in its entirety Code Section 43-10-14, relating to the study of cosmetology by persons over 16 years of age, and inserting in lieu thereof a new Code Section 43-10-14 to read as follows:
"43-10-14. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 18 months' experience and has held a license of a master cosmetologist for at least 18 months. In addition, nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 18 months' experience, or under an instructor in a school of cosmetology or school of esthetics 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. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a manicurist certificate, provided that such cosmetologist has had at least 18 months' experience, or under an instructor in a school of cosmetology or school of nail care 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-secre-
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tary. The shop or school owner shall file a statement in writing, showing the student's or apprentice's name and the address of the school or shop. The board shall have the authority to require the shop owner or school owner to furnish to the board the number of hours completed by the student or apprentice. The shop or school owner shall remit to the joint-secretary a fee in such amount as shall be set by the board by regulation for the registration of the student or apprentice. The student or apprentice shall receive a certificate of registration showing the capacity in which he is permitted to practice cosmetology. 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 13. Said chapter is further amended by striking in its entirety Code Section 43-10-17, relating to employment of persons to wash and shampoo hair in beauty shops or salons, and inserting in lieu thereof a new Code Section 43-10-17 to read as follows:
"43-10-17. A beauty shop or salon shall be authorized to employ a person to wash and shampoo hair, provided that such person pays a registration fee in such amount as shall be set by the board by regulation and a renewal fee in such amount as shall be set by the board by regulation. A person employed under this Code section who is not studying cosmetology under a licensed cosmetologist pursuant to Code Section 43-10-14 shall not be considered an apprentice and shall not receive any credit hours for such work."
Section 14. Said chapter is further amended by adding between Code Sections 43-10-18 and 43-10-19 a new Code Section 43-10-18.1 to read as follows:
"43-10-18.1. A beauty shop or salon licensed under this chapter shall be authorized to employ a barber licensed un-
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der Chapter 7 of Title 43. A beauty shop or salon employing such a barber shall not be subject to the licensure provisions of Chapter 7 of Title 43."
Section 15. Said chapter is further amended by striking in its entirety Code Section 43-10-19, relating to penalty for violation of the chapter, and inserting in lieu thereof a new Code Section 43-10-19 to read as follows:
"43-10-19. (a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, school of cosmetology, school of esthetics, or school of nail care shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty shop, salon, or school shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he shall be guilty of a misdemeanor.
(b) Any person who operates or manages a beauty shop, salon, or school that employs a person who does not possess a license as provided in this chapter shall be guilty of a misdemeanor."
Section 16. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
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POST-MORTEM EXAMINATIONS -- HOSPICE PATIENTS. Code Sections 45-16-24, 45-16-27, and 45-16-29 Amended. No. 638 (Senate Bill No. 200). AN ACT
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31; to change the provisions relating to the duty of a law enforcement officer to notify the coroner of a suspicious or unusual death; to change the provisions relating to when post-mortem examinations are to be performed and inquests are to be held; to change the provisions relating to the removal of dead bodies; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, is amended by striking Code Section 45-16-24 in its entirety and inserting in lieu thereof a new Code Section 45-1624 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. For the purposes of this Code section, no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."
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Section 2. Said article is further amended by striking in their entirety paragraphs (2) and (3) of subsection (a) of Code Section 45-16-27, relating to when post-mortem examinations are to be performed and inquests are to be held, and inserting in lieu thereof new paragraphs (2), (3), and (4) to read as follows:
"(2) When an inmate of a state hospital or a state, county, or city penal institution dies suddenly without an attending physician or as a result of violence. The director of the division shall thereupon be notified, notwithstanding the presence of witnesses. The director of the division or some qualified member of his staff or a medical examiner employed at a fixed compensation by the state shall perform all post-mortem examinations or autopsies in cases of death of any inmate of a state hospital or state, county, or city penal institution. The coroner shall hold an inquest after receiving the written reports as set forth in Code Section 45-16-32;
(3) Whenever ordered by a court having criminal jurisdiction. It shall be the duty of said court, whenever an affidavit is made and filed with the court that it is suspected that a person came to his death by foul play, to interrogate and examine other witnesses, if any, as to the necessity for an investigation, post-mortem examination, or autopsy; and, should the court then decide that a post-mortem examination or autopsy and inquest are essential to the ends of justice, the same shall be ordered; or
(4) Notwithstanding any other provisions of this subsection, no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."
Section 3. Said article is further amended by striking Code Section 45-16-29 in its entirety and inserting in lieu thereof a new Code Section 45-16-29 to read as follows:
"45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the peace officer, coroner, or medical examiner
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in charge; provided, however, that this Code section shall not apply to the removal of a body where the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."
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 4, 1985.
CAVES -- ENTERING POSTED AND PROTECTED CAVES WITHOUT PERMISSION; PENALTY.
Code Section 12-4-143 Amended.
No. 639 (Senate Bill No. 210).
AN ACT
To amend Article 4 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to cave protection, so as to provide that a person who enters a posted and protected cave without the express prior written permission of the owner shall be guilty of a misdemeanor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to cave protection, is amended by striking in its entirety Code Section 12-4-143, relating to defacing or disturbing caves, and inserting in its place a new Code Section 12-4-143 to read as follows:
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"12-4-143. (a) It shall be unlawful for any person, without the express written permission of the owner, willfully or knowingly to:
(1) Break, break off, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural or archeological material therein, including speleothems;
(2) Disturb or alter in any manner the natural condition of any cave;
(3) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained; or
(4) Enter a cave posted against trespassing or a cave with a lock, gate, door, or other obstruction designed to control or prevent access to the cave.
(b) Any person who violates any provision of subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
1077
TIMBER SALES -- WOOD LOAD TICKETS FURNISHED TO SELLER; CONTENTS.
Code Section 12-6-23 Enacted. No. 640 (Senate Bill No. 232).
AN ACT
To amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of trees or timber shall record certain information relative to timber sales transactions; to provide that such information shall be provided to the seller of such timber; to provide for exceptions; to provide for definitions; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by adding at the end of said part a new Code Section 12-6-23 to read as follows:
"12-6-23. (a) Any person, company, corporation, or others severing trees or timber from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property, when such load is sold by weight, cord, or measure of board feet. A wood load ticket shall include, but not be limited to, information clearly understandable to the landowner as follows:
(1) Ticket number;
(2) Name and location of the person or company and its facility where the load of wood is received and weighed or measured;
(3) Date wood was received at said facility;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Landowner name and address;
(5) Tract name;
(6) County and state of origin;
(7) Dealer name (if any);
(8) Producer or logging company name;
(9) Species of wood;
(10) Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown;
(11) Weight, scale, or amount of wood deducted and the deduction classification (cull, undersize, metal, knots, etc.); and
(12) Name of the person receiving, weighing, or scaling the wood.
(b) Subsection (a) of this Code section shall not apply to the following:
(1) The sale of wood for firewood only;
(2) Any landowner harvesting and processing his own timber; and
(3) Bulk or lump sum sales wherein the landowner and the purchaser agree on a total price for all of said timber purchased.
(c) Any person, company, or corporation which violates any provision of subsection (a) of this Code section shall be guilty of a misdemeanor."
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 4, 1985.
GEORGIA LAWS 1985 SESSION
1079
GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985. Code Sections 2-7-150 through 2-7-158 Enacted. No. 641 (Senate Bill No. 256). AN ACT
To amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, so as to provide for a program of boll weevil eradication; to provide for a short title; to provide for a declaration of purpose, definitions, administration, and enforcement by the Commissioner of Agriculture; to provide for personnel and facilities; to provide for agreements; to provide for inspections; to provide for warrants; to provide for filing of certain information; to provide for quarantines; to provide for rules and regulations and the contents thereof; to restrict the movement of certain articles; to provide for eradication zones; to provide for the restriction or prohibition on the planting of cotton; to provide for cost; to provide for penalties; to provide for the treatment or destruction of certain cotton; to provide for the certification of a cotton growers' organization and its powers, duties, and authority; to provide for requirements for such organization; to provide for certification and the issuance and revocation thereof; to provide for boards, committees, council, and personal exemptions from liability; to provide for referendums and assessments; to provide for collection, holding, and disbursement of assessments and funds; to provide for records; to provide for audits; to prohibit certain acts; to provide for penalties and punishment; to provide for destruction of certain plants as public nuisances; to provide for practices and procedures; to provide for effective dates; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, is amended by adding at the end thereof a new Article 5 to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"ARTICLE 5
9-7-150. This article shall be cited as the 'Georgia Boll Weevil Eradication Act of 1985.'
2-7-151. The boll weevil, Anthonomus grandis Boheman, is declared to be a serious pest and a menace to the cotton growing industry. The purpose of this article is to provide for the eradication of this pest.
2-7-152. As used in this article, the term:
(1) 'Boll weevil' means Anthonomus grandis Boheman in any stage of development.
(2) 'Certificate' means a document issued by the Commissioner certifying that a regulated article is free of the boll weevil.
(3) 'Commissioner' means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissioner to act in his behalf.
(4) 'Department' means the Georgia Department of Agriculture.
(5) 'Host' means any plant, plant part, or product thereof, including cotton, which is capable of sustaining the boll weevil in the completion of any portion of its life cycle.
(6) 'Infested' means actually infested with the boll weevil or exposed to such an extent that it would be reasonable to expect that an infestation exists.
(7) 'Noncommercial cotton' means cotton intended for purposes other than processing.
(8) 'Permit' means a document issued or authorized by the Commissioner providing for the movement of regulated articles to restricted destinations for limited handling, use, or processing.
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(9) 'Person' means an individual, corporation, company, society, association, or other business entity.
(10) 'Regulated article' means any article carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, hosts, gin trash, and equipment which may be designated by the Commissioner.
2-7-153. The Commissioner is authorized to administer and enforce the provisions of this article through the utilization of personnel and facilities of the department.
2-7-154. The Commissioner is authorized to:
(1) Cooperate with and, as he may deem necessary, enter into written agreements with any other agency of this state, any agency of the federal government, any agency of another state, any person who may be engaged in the growing, processing, marketing, or handling of cotton, or any other person for the purpose of cost sharing or assignment of duties and responsibilities in destroying and eradicating the boll weevil in Georgia;
(2) Inspect or cause to be inspected by duly authorized employees or agents any land, plants, plant products, or other articles, things, or substances that may, in his opinion, be capable of disseminating or carrying the boll weevil. For this purpose, the Commissioner or his employees and agents shall have the power to enter into or upon any place and to open any bundle, package, or other container containing or thought to contain any regulated article or other item capable of disseminating or carrying the boll weevil;
(3) Require every person growing cotton in this state to furnish, on forms supplied by the Commissioner, such information as he may require relating to the size and location of all commercial and noncommercial cotton fields or patches being grown in this state;
(4) Quarantine this state or any portion thereof or any other state or portion thereof when, after hearing, he determines that such action is necessary to prevent or reduce the spread of the boll weevil;
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(5) Adopt, after hearing, such rules as he deems necessary to prevent or reduce the spread of the boll weevil, including but not limited to rules:
(A) Governing the movement of regulated articles into, out of, or within this state;
(B) Establishing eradication zones within the state where eradication efforts will be undertaken;
(C) Restricting or prohibiting the planting of cotton in eradication zones when he determines that it would jeopardize the success of the eradication effort or present a hazard to the public health or safety;
(D) Requiring that all growers of commercial cotton in the designated eradication zones participate in the eradication program, including cost sharing through assessment;
(E) Establishing penalty fees for those growers in eradication zones who fail to comply with the rules adopted by the Commissioner; or
(F) Imposing restrictions on pasturing of livestock, entry by humans, and location of honeybee colonies in any eradication zone which has been or is to be treated with pesticides for eradication of the boll weevil or in any other area affected by such treatments;
(6) Enter upon any premise, property, or field within an eradication zone and treat with pesticides or destroy any volunteer or noncommercial cotton when he determines that such action is necessary to the success of the eradication efforts; and
(7) Require the destruction of commercial cotton in an eradication zone when it is not being grown in compliance with the rules adopted under this article.
2-7-155. (a) The Commissioner is authorized to certify a cotton growers' organization for the purpose of entering
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into agreements with the department, agencies of other states, the federal government, or any other person as may be necessary to carry out the purposes of this article. In applying to the Commissioner for certification, the cotton growers' organization shall demonstrate that:
(1) It is a nonprofit organization within the meaning of Section 501(a) of the Internal Revenue Code of 1954 (26 USC 501(a));
(2) Membership is open to all cotton growers in this state;
(3) It has only one class of members and each member has only one vote;
(4) Its board of directors consists of six cotton growers elected by the membership and one employee of the department;
(5) All books and records of account and minutes of proceedings of the organization are available for inspection or audit by the Commissioner upon request at any reasonable time; and
(6) Any employee or agent of the organization who handles its funds is adequately bonded.
(b) If the Commissioner finds that the growers' organization meets the requirements set forth in subsection (a) of this Code section, he shall certify the organization, in writing, for the purposes of this article only, and such certification shall not affect any other organization of cotton growers established for other purposes. The Commissioner is authorized to revoke such certification if at any time the organization fails to meet the certification requirements or the purposes of this article.
(c) (1) The certified cotton growers' organization:
(A) Shall be a public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and
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(B) Shall be governed by a board of directors which shall name its chairman, vice chairman, and secretary and determine a quorum for the transaction of its business.
(2) The certified cotton growers' organization is authorized to appoint advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties and to fix, if necessary, any compensation for such services.
(3) The members, officers, and employees of the cotton growers' organization operating under this article shall not be held individually responsible in any way whatsoever to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own individual acts of dishonesty or crime. No member, officer, or employee shall be held individually responsible for any act or omission of any other member of such organization. The liability of the members of the growers' organization shall be several and not joint, and no member shall be liable for the default of any other member.
2-7-156. Upon the request of the certified cotton growers' organization, the Commissioner shall conduct a referendum among all cotton growers anytime after September 30, 1985, to determine whether an assessment shall be levied upon them to cover, in whole or in part, the cost of boll weevil suppression and eradication programs authorized by this article, subject to the following:
(1) All affected cotton growers shall be entitled to vote and any question of eligibility shall be determined by the Commissioner;
(2) All assessments shall be levied on a per acre basis;
(3) The per acre assessment, the period for which it shall be levied, and the geographical area to which the assessment applies shall be established by the Commissioner, upon recommendation by the board of directors of the cotton growers' organization;
GEORGIA LAWS 1985 SESSION
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(4) Passage of such referendum shall require a twothirds' majority of those growers voting and at least 50 percent of the Agricultural Stabilization and Conservation Service registered cotton growers must have voted in such referendum;
(5) The Commissioner of Agriculture is authorized, and it shall be his duty, to receive, collect, hold in trust, and disburse all assessments and any other funds created under this article as trust funds of the cotton growers' organization, without complying with the requirements applicable to funds collected for the use and benefit of the state. Such funds shall not be required to be deposited in the state treasury and appropriated therefrom. All moneys collected by the Commissioner shall be deposited in a bank or other depository approved by the growers' organization and shall be disbursed by him only upon the written authorization of the certified cotton growers' organization for the administration and implementation of the boll weevil eradication program. Should the eradication program be discontinued or certification of the growers' organization be revoked by the Commissioner, any funds remaining in its hands at such time are authorized to be paid out by the Commissioner for existing obligations and for winding up the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the Commissioner to the contributing growers on a pro rata per acre basis; and
(6) Records maintained by the Commissioner on behalf of the certified cotton growers' organization shall be audited at least annually by the state auditor.
2-7-157. It shall be unlawful:
(1) To plant cotton in any eradication zone in which planting has been prohibited by the Commissioner;
(2) To alter, forge, counterfeit, or engage in the unauthorized use of any certificate, permit, or other document provided for in this article; or
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(3) To store or handle any regulated article in the eradication zone or to move a regulated article into, through, or from the eradication zone in violation of the purposes of this article.
2-7-158. (a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding twelve months, or both, as determined by the court.
(b) Any cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre, such amount to be established by the Commissioner upon recommendation of the board of directors of the cotton growers' organization.
(c) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court is authorized, in its discretion, to issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action."
Section 2. This Act shall become effective July 1, 1985, for the purposes of certifying a cotton growers' organization and conducting a referendum among cotton growers. For all other purposes, this Act shall not become effective until the states of Alabama and Florida have enacted a boll weevil eradication program similar to the program provided for in this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA LAWS 1985 SESSION
1087
INSURANCE -- EXAMINATION EXPENSES; RESERVES FOR ACCIDENT AND SICKNESS INSURANCE POLICIES; INSURANCE PREMIUM FINANCE COMPANIES; PREPAID
LEGAL SERVICE PLANS; UNCLAIMED FUNDS; COMMISSIONS.
Code Title 33 Amended.
No. 642 (Senate Bill No. 257).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change the provisions relative to the payment of examination expenses; to change requirements relative to the maintenance of reserves required for accident and sickness insurance policies; to change the provisions relative to applicability of Chapter 22 of Title 33, relating to insurance premium finance companies; to change provisions relative to annual statements by sponsors of prepaid legal services plans; to provide for the disposition of certain unclaimed funds; to allow for the payment, acceptance, and sharing of certain commissions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking Code Section 33-2-15, relating to the payment of expenses of examinations, in its entirety and inserting in lieu thereof a new Code Section 33-2-15 to read as follows:
"33-2-15. At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the proper charges for the services of the examiner and his assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved
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by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, or adjuster is examined because of a complaint filed against such agent, broker, solicitor, counselor, or adjuster and when the Commissioner finds that the complaint was not justified, the expenses of the examination shall not be assessed against the agent, broker, solicitor, counselor, or adjuster but shall be borne by the department."
Section 2. Said title is further amended by striking Code Section 33-10-8, relating to required reserves for accident and sickness insurance policies, in its entirety and inserting in lieu thereof a new Code Section 33-10-8 to read as follows:
"33-10-8. For all accident and sickness insurance policies the insurer shall maintain an active life reserve which shall place a sound value on its liabilities under such policies and which shall not be less in the aggregate than the reserve according to such method of calculation as the Commissioner may approve."
Section 3. Said title is further amended by striking paragraph (5) of Code Section 33-22-16, relating to applicability of Chapter 22 of Title 33, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Insurance premiums in connection with the kinds of business defined in Code Sections 33-7-4 (life insurance) and 33-7-2 (accident and sickness insurance) and for those persons licensed under Chapter 3 of Title 7 to write the insurance authorized in Chapter 3 of Title 7; or".
Section 4. Said title is further amended by striking subsections (c) and (d) of Code Section 33-23-42, relating to licenses required for persons acting as insurance agents, brokers, solici-
GEORGIA LAWS 1985 SESSION
1089
tors, counselors, or adjusters, in their entirety and inserting in lieu thereof new subsections (c) through (g) to read as follows:
"(c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, broker, solicitor, or adjuster within this state, unless such person shall be duly licensed in accordance with this article.
(d) An insurer may pay a commission or other valuable consideration to an insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate insurance contracts are qualified insurance agents, brokers, counselors, or solicitors holding a currently valid license as required by the laws of this state; and an agent, broker, counselor, or solicitor may share any commission or other valuable consideration with such an insurance agency.
(e) No person, partnership, or corporation other than a duly licensed adjuster, agent, broker, counselor, or solicitor shall accept any commission or other valuable consideration except as provided in subsection (d) of this Code section.
(f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the ground that the licensee has ceased to be an agent, broker, counselor, or solicitor nor prevent the receipt or payment of any commission by a person who has applied for a temporary license pursuant to this article.
(g) Any person willfully violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine not to exceed $500.00 or imprisonment not to exceed one year for each instance of violation, or both."
Section 5. Said title is further amended by striking paragraph (1) of Code Section 33-35-16, relating to the filing of annual statements by sponsors of prepaid legal services plans, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"(1) A statement verified by at least two of its principal officers or trustees showing the financial condition of the plan on December 31 of the preceding year, which statement shall be in such form and shall contain such matters as the Commissioner shall prescribe. A copy of such statement shall also be sent to each subscriber to the plan on or before March 31 unless such sponsor is an insurer as defined in Code Section 33-35-2 whose annual report of its affairs and operations has been filed with the Commissioner in accordance with Code Section 33-3-21;".
Section 6. Said title is further amended by striking paragraphs (6) and (7) of subsection (a) of Code Section 33-37-17, relating to the powers of the Insurance Commissioner as liquidator or conservator, in their entirety and inserting in lieu thereof new paragraphs (6), (7), and (8) to read as follows:
"(6) May, for the purpose of executing and performing any of the powers and authority conferred upon him under this chapter, in the name of the insurer affected by the proceeding or in his own name, prosecute and defend any and all civil actions and other legal proceedings and may execute, acknowledge, and deliver any and all deeds, assignments, releases, and other instruments necessary and proper to effectuate any sale of any real and personal property or other transaction in connection with the administration, liquidation, or other disposition of the assets of the insurer affected by such proceeding. Any deed or other instrument executed pursuant to the authority given by this paragraph shall be valid and effectual for all purposes as though the same had been executed by the insurer affected by any proceeding under this chapter or by its officers pursuant to the direction of its governing board or authority. In cases where any real property sold by the Commissioner under this chapter is located in a county other than the county wherein the proceeding is pending, the Commissioner shall cause a certified copy of the order of his appointment or order authorizing or ratifying the sale to be filed in the office of the clerk of the superior court of the county in which said property is located;
(7) Shall have authority to invest and reinvest, as provided in Chapter 11 of this title, in such manner as he may
GEORGIA LAWS 1985 SESSION
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deem suitable for the best interests of the creditors of the insurer, such portions of the funds and assets of the insurer in his possession as do not exceed the amount of the reserves required by law to be maintained by the insurer as reserves for life insurance policies, annuity contracts, supplementary agreements incidental to life business, and reserves for noncancellable disability policies, which funds and assets are not immediately distributable to creditors; provided, however, that no investment or reinvestment shall be made which exceeds the sum of $1,000.00 without first obtaining permission of the court and then only in accordance with such terms as the court may prescribe; and
(8) Shall remit all unclaimed funds, including any amount to be distributed under this chapter to any creditor, shareholder, member, or other person who is unknown or cannot be found, to the registry of the superior court supervising any proceedings under this chapter. Such unclaimed funds shall be disposed of as provided in Article 5 of Chapter 12 of Title 44, known as the 'Disposition of Unclaimed Property Act.' "
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 April 4, 1985.
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GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT -- DEFINITIONS; CONTINUATION OF INSPECTION PROGRAM; CERTIFICATES; VERIFICATION
FORMS; TAGS AND DECALS; FEES; PENALTIES.
Code Title 40, Chapter 8, Article 2, Part 2 Amended.
No. 643 (Senate Bill No. 115).
AN ACT
To amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle"; to provide that emission inspection certificate requirements as to hydrocarbons and carbon monoxide shall remain in effect in a county so long as an excess of either photochemical oxidants or carbon monoxide continues to be designated in any part thereof; to provide for lost certificates; to provide that after the initial 12 month period of applicability, certificates of emission inspection must be displayed on responsible motor vehicles; to provide for the issuance of emission inspection verification forms; to provide for such verification forms; to provide for the use of emission inspection verification forms when applying for a vehicle license plate or revalidation sticker; to prohibit counties, beginning January 1,1986, from registering or issuing licenses for responsible motor vehicles unless the owner provides a valid certificate of emission inspection; to prohibit a person from operating a responsible motor vehicle without a registration or license issued in accordance with this part; to increase the fee charged by each emission inspection station and the regulatory fee remitted to the state; to provide that funding assistance from the Department of Transportation may be denied any county which registers any responsible motor vehicle without receiving proof of emission inspection; to change certain provisions relating to false certificates of emission inspection; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 1985 SESSION
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Section 1. Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," is amended by striking paragraph (22) of Code Section 40-8-153, relating to definitions of terms used in such part, and inserting in lieu thereof a new paragraph (22) to read as follows:
"(22) 'Responsible motor vehicle' means any motor vehicle propelled by gasoline combustion power, except motorcycles and motor driven cycles, designed for carrying ten passengers or less and used for the transportation of persons (passenger car or vehicle) and any motor vehicle propelled by gasoline combustion power designed, used, or maintained primarily for the transportation of property which has a gross vehicle weight rating of less than 8,500 pounds (lightduty truck), excluding:
(A) Any motor vehicle not designed primarily for highway use; and;
(B) Any motor vehicle manufactured in a model year ending more than 11 calendar years prior to January 1 of the calendar year in which this part is being or is sought to be enforced."
Section 2. Said part is further amended by striking subsection (f) of Code Section 40-8-156, relating to the requirement of certificates of emission inspection in certain counties, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The requirements of paragraphs (1) through (4) of subsection (b) of this Code section shall remain in effect in a county only during such time as such county or some part thereof continues to be designated by USEPA pursuant to the Federal Clean Air Act as having ambient air levels of either photochemical oxidants or carbon monoxide in excess of the NAAQS for such pollutant."
Section 3. Said part is further amended by striking subsections (d), (e), (f), (g), (h), and (i) of Code Section 40-8-158, relating to periodic inspection and maintenance, and inserting in lieu thereof new subsections (d), (e), (f), (g), and (h) to read as follows:
"(d) As used in this Code section, the term 'initial 12 month period of applicability' means, for a given county,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
the 12 month period following April 1 of a given calendar year, or the 12 month period following the date on which the requirements of Code Section 40-8-156 otherwise become applicable, when such county became subject to any requirement under Code Section 40-8-156 for the first time. Any county which has been subject to any requirement under this part, again becoming subject to any requirement under this part subsequent to an intervening period during which such county was not subject to any requirement under this part, shall be considered to be in an initial year of applicability upon again becoming subject to any requirement under this part in such manner.
(e) Following the initial 12 month period of applicability, a certificate of emission inspections shall be displayed on a vehicle which has been inspected and has been approved as meeting the requirements of this part and shall bear the date the vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other information as shall be required by the commissioner. The mechanic inspector shall remove from the vehicle being inspected any old certificate of emission inspection when a new certificate of emission inspection will be issued. At the time an emission inspection station issues a certificate of emission inspection, the station shall also issue an emission inspection verification which may be used in complying with Code Section 40-8-159.1. This verification shall contain all information shown on the certificate of emission inspection, shall be issued in duplicate, and shall be on such forms as the department shall prescribe.
(f) All certificates of emission inspection shall be issued for a period of one year.
(g) With respect to any inspection or certificate of inspection required for a responsible motor vehicle at the time of the initial retail sale of such vehicle when new, the department may provide for the issuance of certificates of inspection for such vehicle by the franchised dealer selling the vehicle, provided such dealer first determines that such vehicle meets the applicable requirements of the Federal Clean Air Act.
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(h) The commissioner may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission inspection or emission inspection verification required in any 12 month period may have an additional or duplicate certificate of emission inspection or emission inspection verification issued to him. These methods may include but are not necessarily limited to the following two methods:
(1) Any approved emission inspection station may issue said additional or duplicate certification or emission inspection verification upon the owner demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its window; or
(2) The commissioner shall issue said additional or duplicate certification or emission inspection verification upon the owner demonstrating to the commissioner that said vehicle had been inspected previously and had obtained a current and valid inspection sticker."
Section 4. Said part is further amended by striking paragraph (3) of subsection (d) of Code Section 40-8-159, relating to certification of emission inspection stations, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A fee of $5.00 shall be charged by each emission inspection station for performance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station may be required to remit to the commissioner 25^ as a regulatory fee for each certificate of emission inspection issued;".
Section 5. Said part is further amended by adding, following Code Section 40-8-159, a new Code Section 40-8-159.1, to read as follows:
"40-8-159.1. (a) Beginning January 1,1986, it shall be unlawful for any county to and no county shall register or issue a license for any responsible motor vehicle pursuant to or subject to the requirements of Chapter 2 of this title
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GENERAL ACTS AND RESOLUTIONS, VOL. I
unless the owner provides a certificate of emission inspection or an emission inspection verification form issued pursuant to subsection (e) of Code Section 40-5-158 indicating that the responsible motor vehicle satisfied all applicable requirements of Code Section 40-8-156 and Code Section 40-8-158. In applying for a vehicle license plate or revalidation sticker for a responsible motor vehicle by mail, the application shall be accompanied by an emission inspection verification form issued pursuant to subsection (e) of Code Section 40-5-158.
(b) It shall be unlawful to and no person shall operate a responsible motor vehicle on the roadways of this state without a valid registration or license issued in compliance with this part. Any person who operates a responsible motor vehicle on the roadways of this state without a valid registration or license issued in compliance with this part shall be considered to be operating an unregistered motor vehicle."
Section 6. Said part is further amended by striking paragraph (3) of subsection (b) of Code Section 40-8-161, relating to unlawful acts, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) No person shall use for the purpose of proof under subsection (c) of Code Section 40-8-158 any receipt or document purporting to show cost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions is sought.",
and by adding at the end of said Code section a new subsection (g) to read as follows:
"(g) If it is determined that any county has registered or issued licenses for responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable requirements of Code Section 40-8-156 and Code Section 40-8-158, the commissioner of public safety shall notify the commissioner of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board may at its discretion withhold Department of Transportation funding assistance from any such county."
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Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
DISPOSITION OF UNCLAIMED PROPERTY -- TIME PERIODS FOR CLAIMS; RECORDS; DELIVERY OF ASSETS.
Code Title 44, Chapter 12 Amended.
No. 644 (Senate Bill No. 140).
AN ACT
To amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to provide that the state revenue commissioner may destroy records relating to such property after a period of seven years; to provide that any claim filed after such seven-year period must be substantiated by the claimant independently of such records; to reduce the period of time after which certain assets shall be deemed abandoned and delivered to the state revenue commissioner from 15 years to seven years; to provide for all matters related 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 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Prop-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
erty Act," is amended by striking Code Section 44-12-211, relating to claims for property delivered to the state revenue commissioner, and inserting in its place a new Code section 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. The state revenue commissioner may, after seven years following the receipt of property, destroy such records related to the property as deemed necessary; and after said seven-year period any claim relating to such property must be fully substantiated by a claimant, without recourse to such records."
Section 2. Said article is further amended by striking Code Section 44-12-193, relating to presumption of abandonment of property held by banking or financial organizations; Code Section 44-12-194, relating to presumption of abandonment of property held by insurance corporations; Code Section 44-12-195, relating to presumption of abandonment of property held by utilities; Code Section 44-12-197, relating to presumption of abandonment of intangible personal property distributable in the course of voluntary dissolutions; Code Section 44-12-198, relating to presumption of abandonment of property held by fiduciaries; Code Section 44-12-199, relating to presumption of abandonment and disposition of property held by public officers and agencies; and Code Section 44-12-200, relating to presumption of abandonment of intangible personal property not otherwise provided for; and said article is further amended by inserting in the respective places of the foregoing new Code sections to read as follows:
"44-12-193. The following property held or owing by a banking or financial organization is presumed abandoned:
(1) Any demand, savings, or matured time deposit made in this state with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld unless the owner has within seven years:
GEORGIA LAWS 1985 SESSION
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(A) Increased or decreased the amount of the deposit or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(B) Corresponded in writing with the banking organization concerning the deposit; or
(C) Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization;
(2) Any funds paid in this state toward the purchase of shares or other interest in a financial organization or any deposit made therewith in this state and interest or dividends thereon, excluding any charges that may lawfully be withheld unless the owner has within seven years:
(A) Increased or decreased the amount of the funds or deposit or presented an appropriate record for the crediting of interest or dividends;
(B) Corresponded in writing with the financial organization concerning the funds or deposit; or
(C) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum on file with the financial organization;
(3) Any sum payable on checks certified in this state or on written instruments issued in this state, other than traveler's checks, on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, certificates of deposit and drafts that have been outstanding for more than seven years from the date it was payable or from the date of its issuance if payable on demand unless the owner has within seven years corresponded in writing with the banking or financial organization concerning it or has otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization; and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Any funds or other personal property, tangible or intangible, removed from a safe deposit box or any other safekeeping repository or agency or collateral deposit box in this state on which the lease or rental period has expired due to the nonpayment of rental charges or other reason or any surplus amounts arising from the sale thereof pursuant to law that have been unclaimed by the owner for more than seven years from the date on which the lease or rental period expired.
44-12-194. (a) (1) 'Unclaimed funds,' as used in this subsection, means all moneys held and owing by any life insurance corporation which are unclaimed and unpaid for more than seven years after they became due and payable, as established from the records of the corporation, under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured is deemed to be matured and the proceeds thereof are deemed to be due and payable if such policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based unless the person appearing entitled thereto has within the preceding seven years:
(A) Assigned, readjusted, or paid premiums on the policy or subjected the policy to a loan; or
(B) Corresponded in writing with the life insurance corporation concerning the policy.
(2) Unclaimed funds, as defined in paragraph (1) of this subsection, held and owing by a life insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is in this state. If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known
GEORGIA LAWS 1985 SESSION
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address of the insured or annuitant according to the records of the corporation.
(b) (1) 'Unclaimed funds,' as used in this subsection, means all moneys held and owing by any fire, casualty, or surety insurance corporation which are unclaimed and unpaid for more than seven years after they become due and payable, as established from the records of the corporation, either to an insured, a principal, or a claimant under any fire, casualty, or surety insurance policy or contract.
(2) Unclaimed funds, as defined in paragraph (1) of this subsection, held and owing by a fire, casualty, or surety insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is in this state. If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the corporation.
(c) Moneys otherwise payable according to the records of the corporation are deemed due and payable even if the policy or contract has not been surrendered as required.
44-12-195. The following funds held or owing by any utility are presumed abandoned:
(1) Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the termination of the services for which the deposit or advance payment was made; and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds.
44-12-197. All intangible personal property which is distributable in the course of a voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of this state or created in this state is presumed abandoned if it is neither claimed by the owner within seven years after the date for final distribution nor deposited with the director of the Fiscal Division of the Department of Administrative Services pursuant to the applicable provisions of Chapter 2 or 3 of Title 14.
44-12-198. All intangible personal property and any income or increment thereon held in a fiduciary capacity for the benefit of another person by one of the following:
(1) A banking organization, a financial organization, or a business association organized under the laws of or created in this state;
(2) A business association which does business in this state but is not organized under the laws of this 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 the state; or
(3) Any other person if the property is held in this state,
is presumed abandoned unless the owner within seven years after it becomes payable or distributable has increased or decreased the principal, accepted payment of the principal
GEORGIA LAWS 1985 SESSION
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or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary.
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 seven 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 Department of Offender Rehabilitation who escapes, is discharged or paroled, or who dies while in the custody of the Department of Offender Rehabilitation shall be deemed to have abandoned all tangible personal property in the custody of the 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 owner's heirs. Such property shall be disposed of by public sale in such manner as the commissioner 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 Rehabilitation shall have sole authority over said property, and the disposition of said property shall be exempt from all requirements of this article.
44-12-200. (a) All intangible personal property not otherwise covered by this article except traveler's checks, including any income or increment thereon and deducting any lawful charges, is presumed abandoned if it is held or owing in this state in the ordinary course of the holder's
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GENERAL ACTS AND RESOLUTIONS, VOL. I
business and has remained unclaimed by the owner for more than seven years after it became payable or distributable.
(b) Any sum payable on traveler's checks issued in this state for which any person or entity is directly liable and which have been outstanding for more than 15 years from the date of issuance is presumed abandoned unless the owner has within 15 years corresponded in writing with the person or entity liable on the traveler's check concerning the traveler's check or has otherwise indicated an interest as evidenced by a memorandum on file with the person or entity liable on the traveler's check; and with respect to traveler's checks this subparagraph shall control over any other provisions of this article relating to particular types of entities."
Section 3. This Act shall apply to reports required to be filed by May 1, 1986, or by November 1, 1986, or thereafter.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
INSURANCE -- INVESTMENTS BY INSURERS IN THE AFRICAN DEVELOPMENT BANK AUTHORIZED.
Code Section 33-11-19.1 Enacted.
No. 645 (House Bill No. 82).
AN ACT
To amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may invest in securities issued by the African Development Bank; to provide for an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, is amended by adding a new Code Section 33-11-19.1 to read as follows:
"33-11-19.1. An insurer may invest in obligations issued, assumed, or guaranteed by the African Development Bank. The investments authorized by this Code section shall not be counted as an investment of reserves of paragraph (4) of Code Section 33-11-5 at any one time in an amount greater than 5 percent of the insurer's admitted assets."
Section 2. This Act shall become effective upon its approval by 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, 1985.
STATE COURTS -- RETIRED JUDGES OR JUDGES EMERITUS; ISSUANCE OF WARRANTS FOR ARREST AND
SEARCH WARRANTS.
Code Sections 15-7-25, 17-4-40, and 17-5-21 Amended.
No. 646 (House Bill No. 231).
AN ACT
To amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, Code Section 17-5-21 of the Official Code of Georgia Annotated, relat-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ing to issuance of search warrants, and Code Section 15-7-25 of the Official Code of Georgia Annotated, relating to retired state court judges, so as to provide that a retired judge or judge emeritus of a state court may hear applications for and issue arrest warrants and search warrants if authorized to do so by an active judge of the state 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. Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, is amended by striking Code Section 17-4-40, relating to officers authorized to issue arrest warrants, and inserting in its place a new Code section to read as follows:
"17-4-40. Any judge of a superior, city, state, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate may issue his warrant for the arrest of any offender against the penal laws, based either on his own knowledge or on the information of others given to him under oath. Any retired judge or judge emeritus of a state court may likewise issue arrest warrants if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued. Any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court."
Section 2. Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to issuance of search warrants, is amended by adding a new subsection (c) to read as follows:
"(c) Any retired judge or judge emeritus of a state court may issue search warrants as authorized by this Code section if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued."
Section 3. Code Section 15-7-25 of the Official Code of Georgia Annotated, relating to retired state court judges, is amended by adding a new subsection (d) to read as follows:
GEORGIA LAWS 1985 SESSION
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"(d) Any retired judge or judge emeritus of a state court may issue arrest warrants and search warrants in the same manner as an active judge of state court if the retired judge or judge emeritus is authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued."
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 4, 1985.
MECHANICS' LIENS ON FARM MACHINERY AND EQUIPMENT -- PRIORITY UNDER THE UNIFORM
COMMERCIAL CODE;
Code Sections 11-9-310 and 44-14-363 Amended.
No. 647 (House Bill No. 239).
AN ACT
To amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that certain mechanics' liens shall have priority over certain perfected security interests; to specify the conditions for such priority; to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to provide that the holder of certain special liens shall not be required to surrender the personal property to holders of subordinate security interests or liens; to provide that certain mechanics' liens shall have priority over certain perfected security interests; to repeal conflicting laws; and for other purposes.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 11-9310 to read as follows:
"11-9-310. (1) Except as is expressly provided to the contrary elsewhere in this article and in subsection (2) of this Code section, a perfected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating to the establishment of certain liens, as now or hereafter amended, and Code Section 53-7-91, relating to the priority of debts against the estate of a decedent, as now or hereafter amended, provided, nevertheless, that:
(a) Year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest;
(b) A lien for property taxes duly assessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest;
(c) A lien for all other state taxes takes priority over such security interest, except where such security interest is perfected by filing a financing statement relative thereto prior to such time as the execution for such state taxes shall be entered on the execution docket in the place and in the manner provided by law; provided, nevertheless, that, with respect to priority rights between such tax liens and security interests where under this article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to January 1, 1964; and
GEORGIA LAWS 1985 SESSION
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(d) A lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction takes priority over such perfected security interest, but only if execution or notice of such lien or judgment is duly recorded in the place designated by statute applicable thereto, and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security interest entitled to priority under subsection (2) of Code Section 11-9-301.
(2) A mechanics' lien on farm machinery or equipment arising on or after July ll 1985, shall have priority over any perfected security interest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section 11-9-401 and unless the financing statement describes the particular piece of farm machinery or equipment to which the perfected security interest applies. Such description may include the make, model, and serial number of the piece of farm machinery or equipment. However, such description shall be sufficient whether or not it is specific if it reasonably identifies what is described and a mistake in such description shall not invalidate the description if it provides a key to identifying the farm machinery or equipment."
Section 2. Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All mechanics of every sort shall have a special lien on personal property for work done and material furnished in manufacturing or repairing the personal property and for storage of the personal property after its manufacture or repair, which storage begins accruing after 30 days' written notice to the owner of the fact that storage is accruing and of the daily dollar amount thereof; and said notice shall be mailed to the owner by certified mail addressed to the owner at his last known address. Such special liens may be asserted by the retention of the personal property or the mechanic may surrender the personal property and give
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GENERAL ACTS AND RESOLUTIONS, VOL. I
credit when the lien is enforced in accordance with Code Section 44-14-550; and if such special liens are asserted by retention of the personal property, the mechanic shall not be required to surrender the property to the holder of a subordinate security interest or lien. Such liens shall be superior to all liens except liens for taxes and, except as provided in subsection (2) of Code Section 11-9-310, such other liens as the mechanic may have had actual notice of before the work was done or material furnished."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA AGRICULTURAL EXPOSITION AUTHORITY OVERVIEW COMMITTEE -- CREATION.
Code Sections 12-3-500 through 12-3-504 Enacted.
No. 648 (House Bill No. 254).
AN ACT
To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority Overview Committee as a joint committee of the General Assembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee; to provide for the employment of personnel; to provide for powers and duties of the Georgia Agricultural Exposition Authority, state officials, and state agencies; to provide for actions; to provide for funds; to provide for compensation, per diem, expenses, and allowances; to provide for other matters relative
GEORGIA LAWS 1985 SESSION
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to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding at the end of such article a new Part 9, to read as follows:
"Part 9
12-3-500. There is created as a joint committee of the General Assembly the Georgia Agricultural Exposition Authority Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairman of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Agricultural Exposition Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this article.
12-3-501. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
12-3-502. The Georgia Agricultural Exposition Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Agricultural Exposition Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Agricultural Exposition Authority, as set forth in this article.
12-3-503. In the discharge of its duties, the committee shall evaluate the performance of the Georgia Agricultural Exposition Authority consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds;
(2) Efficient operation; and
(3) Performance of its statutory responsibilities.
12-3-504. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties.
(b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
(c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government."
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Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
PENAL INSTITUTIONS -- EMPLOYEES OF THE DEPARTMENT OF OFFENDER REHABILITATION OR BOARD OF PARDONS AND PAROLES INJURED IN THE
LINE OF DUTY; COMPENSATION.
Code Sections 42-5-41 and 42-9-21.1 Enacted.
No. 649 (House Bill No. 267).
AN ACT
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that any employee of the Department of Offender Rehabilitation who is injured in the line of duty by the violent act of an inmate under the custody of the department or of a person serving a probated sentence under the supervision of the department and any employee of the State Board of Pardons and Paroles who is injured in the line of duty by the violent act of a person serving a sentence under parole or other conditional release supervision shall be entitled to his regular compensation for the period of time that the employee is physically unable to perform the duties of his employment; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act when the injured employee is entitled to receive workers' compensation benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at
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GENERAL ACTS AND RESOLUTIONS, VOL. I
the end of Article 2 of Chapter 5, relating to wardens, superintendents, and other personnel of correctional institutions, a new Code Section 42-5-41 to read as follows:
"42-5-41. (a) Any employee of the department who, on or after July 1, 1985, is injured in the line of duty by the violent act of an inmate under the custody of the department or of a person serving a probated sentence under the supervision of the department shall be entitled to receive compensation as provided in this Code section.
(b) An employee of the department injured in the line of duty as provided in subsection (a) of this Code section shall continue to receive his regular compensation for the period of time that the employee is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee shall be required to submit to the commissioner satisfactory evidence of such disability.
(c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's regular compensation."
Section 2. Said title is further amended by adding between Code Sections 42-9-21 and 42-9-22 a new Code Section 42-9-21.1 to read as follows:
"42-9-21.1. (a) Any employee of the board who, on or after July 1,1985, is injured in the line of duty by the violent act of an inmate under the custody of the Department of Offender Rehabilitation or of a person serving a sentence under the parole or other conditional release supervision of the board shall be entitled to receive compensation as provided in this Code section.
(b) An employee of the board injured in the line of duty as provided in subsection (a) of this Code section shall con-
GEORGIA LAWS 1985 SESSION
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tinue to receive his regular compensation for the period of time that the employee is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single accident for more than a total of 180 working days. An employee shall be required to submit to the board satisfactory evidence of such disability.
(c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's regular compensation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
TAX COMMISSIONERS AND TAX COLLECTORS -- COMPENSATION FOR ACTING AS EX OFFICIO SHERIFFS.
Code Section 48-5-137 Amended.
No. 650 (House Bill No. 340).
AN ACT
To amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax commissioners and tax collectors acting as ex officio sheriffs, so as to provide that any tax collector or tax commissioner who so acts as an ex officio sheriff shall be entitled to certain compensation in addition to any other compensation; to provide that such additional compensation shall not apply in the case of a tax commissioner or tax collector
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who is compensated solely by the fee system of compensation; to provide for payment of such compensation from county funds; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax commissioners and tax collectors acting as ex officio sheriffs, is amended by adding a new subsection (g) to read as follows:
"(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $200.00 per month for his service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds."
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 4, 1985.
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GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION -- STATE SELF-INSURANCE
PROGRAM.
Code Section 45-9-4.1 Enacted.
No. 651 (House Bill No. 358).
AN ACT
To amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance, contracts of indemnity, and self-insurance programs for public officers and employees, so as to provide that the Georgia Correctional Industries Administration shall be authorized, in its discretion, to participate as an insured entity in any program of self-insurance administered by the commissioner of administrative services pursuant to Code Section 45-9-4; 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 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance, contracts of indemnity, and self-insurance programs for public officers and employees, is amended by adding between Code Sections 45-9-4 and 45-9-5 a new Code Section 45-9-4.1 to read as follows:
"45-9-4.1. The Georgia Correctional Industries Administration, as a body corporate and politic, and as an instrumentality and public corporation of this state, may, at its discretion, participate in any program of self-insurance administered by the commissioner of administrative services pursuant to Code Section 45-9-4; and the commissioner of administrative services is authorized to extend liability coverage under such program of self-insurance to the officers, officials, or employees of the Georgia Correctional Industries Administration in the same manner as is presently or may hereafter be provided for officers, officials, or employees of
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any agency, board, bureau, commission, department, or authority pursuant to said 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 4, 1985.
ALCOHOLIC BEVERAGES -- CONTRABAND; LICENSING, REGULATORY, AND REVENUE REQUIREMENTS.
Code Sections 3-2-33, 3-3-1, and 3-3-3 Amended.
No. 652 (House Bill No. 488).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to clarify what shall be declared as contraband by adding certain items to the list of contraband items; to clarify the requirement that persons involved in the manufacture, distribution, sale, handling, or possession for sale of, or otherwise dealing in, alcoholic beverages shall comply with all licensing, regulatory, and revenue 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. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking subsection (b) of Code Section 3-2-33, relating to seizure and disposition
GEORGIA LAWS 1985 SESSION
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of contraband, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any peace officer or authorized agent of the commissioner shall declare as contraband any alcoholic beverage:
(1) Not bearing the required tax stamps or markings as provided by this title or not reported for collection of taxes under a reporting system established by the commissioner;
(2) Found in any county, municipality, or unincorporated area of any county where the sale of alcoholic beverages is not lawful when the alcoholic beverage is intended for use or sale contrary to law; or
(3) Sold, conveyed, or possessed, concealed, stored, or held for sale by any person who has not first obtained all licenses required by this title."
Section 2. Said title is further amended by striking Code Section 3-3-1, relating to dealing in or possessing alcoholic beverages, and inserting in lieu thereof a new Code Section 3-3-1 to read as follows:
"3-3-1. The businesses of manufacturing, distributing, selling, handling, and otherwise dealing in or possessing alcoholic beverages are declared to be privileges in this state and not rights; however, such privileges shall not be exercised except in accordance with the licensing, regulatory, and revenue requirements of this title."
Section 3. Said title is further amended by striking Code Section 3-3-3, relating to displays of licenses, and inserting in lieu thereof a new Code Section 3-3-3 to read as follows:
"3-3-3. (a) No person shall manufacture, distribute, sell, handle, or possess for sale, or otherwise deal in, alcoholic beverages without first obtaining all applicable licenses required by this title.
(b) Each person holding a license issued pursuant to this title shall display the license prominently at all times on the premises for which the license is issued."
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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION -- QUADRENNIAL OPERATIONS
AUDITS ABOLISHED.
Code Section 45-20-11 Amended.
No. 653 (House Bill No. 491).
AN ACT
To amend Code Section 45-20-11 of the Official Code of Georgia Annotated, relating to audits of merit system operations and report of audit findings, so as to abolish quadrennial operational audits of state merit system operations by the state auditor; to remove certain criteria that the state auditor is requested to follow in conducting such audits; 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 45-20-11 of the Official Code of Georgia Annotated, relating to audits of merit system operations and report of audit findings, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 45-20-11 to read as follows:
"45-20-11. The state auditor shall perform periodic operational audits of the state merit system. Such audits shall
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also be performed at the request of the Governor, the commissioner, or the General Assembly. Reports of audit findings shall be filed with the board, the commissioner, the Governor, and members of the General Assembly."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
GEORGIA RESIDENTIAL FINANCE AUTHORITY -- BONDS; SINGLE-FAMILY RESIDENTIAL HOUSING PROGRAM.
Code Sections 8-3-172 and 8-3-180 Amended.
No. 654 (House Bill No. 502).
AN ACT
To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of the term "bond"; to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single family residential housing program; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," is amended by striking paragraph (3) of Code Section 8-3-172, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Bonds' means the bonds issued by the authority. Such bonds may be general or limited obligations of the
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authority. Wherever the word 'bond' or 'bonds' appears in Code Section 8-3-183, it shall be deemed to include the word 'note' or 'notes' as defined in paragraph (13) of this Code section."
Section 2. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 8-3-180, relating to the validation and issuance of bonds and notes, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate principal amount exceeding $715 million, excluding bonds and notes issued to refund outstanding bonds and notes."
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, 1985.
STATE MEDICAL EDUCATION BOARD -- MEDICAL STUDENT LOANS AND SCHOLARSHIPS.
Code Sections 20-3-513 and 20-3-514 Amended.
No. 655 (House Bill No. 622).
AN ACT
To amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to authorize medical student loans in an amount to be determined by the State Medical Education Board; to pro-
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vide for conditions of liability under loans or scholarship contracts; to provide that applicants who have entered a loan or scholarship contract with the State Medical Education Board and who fail to begin or complete their service obligation shall be liable to the State Medical Education Board for three times the total uncredited amount of such loan or scholarship; to provide for certain exceptions; to provide for cancellation of loans or scholarship contracts by the State Medical Education 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 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, is amended by striking Code Section 20-3-513 in its entirety and inserting in lieu thereof a new Code Section 203-513 to read as follows:
"20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing
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his or her profession in a State Medical Education Board approved community in Georgia of 15,000 population or less according to the United States decennial census of 1980 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources or at any facility operated by or under the jurisdiction of the Department of Offender Rehabilitation. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount."
Section 2. Said part is further amended by striking in its entirety subsection (b) of Code Section 20-3-514, relating to the liability of applicants of State Medical Education Board loans or scholarships and the powers of the board, and inserting in lieu thereof new subsections Ob), (c), and (d) to read as follows:
"(b) An applicant who has entered into a loan or scholarship contract with the State Medical Education Board and who:
(1) Is dismissed for either academic or disciplinary reasons from the college or school of medicine he is attending; or
(2) Voluntarily terminates his training and education in that institution for any reason prior to completion of training
shall be immediately liable to the State Medical Education Board for all sums advanced with interest at the minimum rate of 12 percent per annum from the date of each payment by the State Medical Education Board and compounded annually to the date the scholarship or loan is paid in full. The State Medical Education Board is authorized to increase annually said rate of interest due on loans granted to new recipients; provided, however, that the increased rate of interest shall not exceed by more than 2 percent the prime rate published by the Board of Governors of the Federal Reserve System and in effect at the time of the increase.
(c) An applicant who has entered into a loan or scholarship contract with the State Medical Education Board and
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who breaches that contract by either failing to begin or failing to complete his service obligation under such loan or scholarship contract shall be immediately liable to the State Medical Education Board for three times the total uncredited amount of all such scholarship or loan payments paid to the applicant, such uncredited sums to be prorated on a monthly basis respecting the applicant's actual service and total service obligation. The State Medical Education Board may consent or agree to a lesser measure of damages for compelling reasons.
(d) The State Medical Education Board shall have the authority to cancel the loan or scholarship contract of any applicant at any time for any cause deemed sufficient by the State Medical Education Board, provided that such authority may not be arbitrarily or unreasonably exercised. Upon such cancellation by the State Medical Education Board, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the State Medical Education Board in cash with interest at the minimum rate of 12 percent per annum from the date of each payment by the State Medical Education Board and compounded annually to the date the scholarship or loan is paid in full. The State Medical Education Board is authorized to increase annually such rate of interest, subject to the limitations set forth in 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 4, 1985.
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MOTOR CARRIERS -- APPEALS FROM DECISIONS OF EMPLOYEES OF THE PUBLIC SERVICE COMMISSION.
Code Sections 46-7-29 and 46-7-71 Amended. No. 656 (House Bill No. 655). AN ACT
To amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, so as to provide that any appeal of a decision of an employee of the commission relating to motor carriers shall be considered by the commission itself; to provide that certain matters which have previously been decided on appeal by an employee of the commission may be further appealed to the commission itself; to provide for 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 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, is amended by striking Code Section 46-7-29, relating to delegation of the powers of the Public Service Commission in decision of matters relating to motor common carriers, and inserting in its place a new Code section to read as follows:
"46-7-29. In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission; and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding who is aggrieved by a final decision of an employee of the commission shall have the right of appeal from such decision. Any such appeal shall be considered by the commission. Any party who has on or after July 1, 1984, and prior to July 1,1985, appealed a final decision of an employee of the commission and had such appeal determined other than by the
GEORGIA LAWS 1985 SESSION
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commission itself may further appeal such decision to the commission itself, if a written request for such further appeal is filed not later than July 31, 1985. The appeal shall in all other cases be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal."
Section 2. Said chapter is further amended by striking Code Section 46-7-71, relating to delegation of the powers of the Public Service Commission in decision of matters relating to motor contract carriers, and inserting in its place a new Code section to read as follows:
"46-7-71. In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission; and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding who is aggrieved by a final decision of an employee of the commission shall have the right of appeal from such decision. Application for appeal from the employee's initial decision shall state the nature of the applicant's interest, the facts showing that the applicant is aggrieved by the employee's decision, and the grounds upon which the applicant contends that the decision should be reversed or modified. The appeal shall be confined to the evidence of record. The commission shall direct the employee to prepare and certify a record of the evidence. In not more than 20 days from date of receipt of application of appeal the commission shall, after consideration of the full commission, affirm or reverse the initial decision of the employee or assign the matter for oral argument, further hearing, or rehearing before the commission within 30 days. Where oral argument or further hearing, or rehearing is ordered by the commission, final order of the commission must be made not more than 15 days from conclusion of oral argument, further hearing or rehearing. Any party who has on or after July 1, 1984, and prior to July 1, 1985, appealed a final decision of an employee of the commission and had such appeal determined other than by the commission itself may further appeal such decision to the commission itself, if a written request for such further appeal is filed not later than July 31,1985. The appeal shall
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in all other cases be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 1985.
MISSING PERSONS -- HOSPITALIZED PERSONS.
Code Section 35-1-8 Amended.
No. 657 (Senate Bill No. 84).
AN ACT
To amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to information regarding deceased and missing persons, so as to provide that certain persons hospitalized or resident in certain facilities shall be considered to be missing persons under specified circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to information regarding deceased and missing persons, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"35-1-8. (a) 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;
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(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 enforcement agencies of this state, any other state, or the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies.
(b) (1) For purposes of this subsection, 'facility' means a facility pursuant to Chapters 3, 4, or 7 of Title 37, relating to treatment of mentally ill, mentally retarded, and alcoholic or drug dependent persons, or an institution classified as a nursing home pursuant to Code Section 31-7-1.
(2) A person hospitalized or resident in a facility shall be considered to be a missing person at the time such person's unaccounted for absence from that facility is reported by that facility, either by telephone or in writing, to a law enforcement agency."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
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THE COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA -- CREATED.
Code Section 15-6-34 Enacted. No. 658 (Senate Bill No. 95).
AN ACT
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create The Council of Superior Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council; to provide for the responsibilities of the council; to allow for the receipt of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new Code Section 15-6-34 immediately following Code Section 15-6-33 to read as follows:
"15-6-34. (a) There is created a superior court judges' council to be known as 'The Council of Superior Court Judges of Georgia.' The council shall be composed of the judges, senior judges, and judges emeriti of the superior courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a president-elect, a secretary-treasurer, and an executive committee composed of the administrative judges of the ten judicial administrative districts.
(b) It shall be the purpose of The Council of Superior Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of the superior courts and the administration of justice.
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(c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
BANKING AND FINANCE -- "ENGAGING IN THE BUSINESS OF SELLING OR ISSUING CHECKS"; DEFINED.
Code Section 7-1-681 Amended.
No. 659 (Senate Bill No. 138).
AN ACT
To amend Code Section 7-1-681 of the Official Code of Georgia Annotated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, so as to define the term "engaging in the business of selling or issuing checks"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 7-1-681 of the Official Code of Georgia Annotated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 7-1-681 to read as follows:
"7-1-681. (a) No person or corporation, other than a bank or trust company, the authorized agent of a licensee,
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or an incorporated telegraph company which receives money at any of its offices or agencies for immediate transmission by telegraph, shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that engages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state.
(b) For purposes of this article, 'engaging in the business of selling or issuing checks' shall include the operation of electronic devices by persons not otherwise engaged in the banking business in this state or elsewhere for the purpose of facilitating instantaneous completion of financial transactions with an institution at which the user of such device maintains a depository, investment, or credit account. Such operation shall be limited to the dispensing of cash and the operation of such devices by a merchant to facilitate payment through another party for the sale of goods or services by such merchant at a regularly established place of business of such merchant. No licensee hereunder shall operate such an electronic device in any county of this state unless financial institutions domiciled within such county have equal, nondiscriminatory access to the transaction clearing system accessed by the licensee."
Section 2. This Act shall become effective upon its approval by 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 8, 1985.
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NURSING HOMES -- BARBER AND COSMETOLOGY LICENSES; EXEMPTIONS.
Code Sections 43-7-24.1 and 43-10-18.1 Enacted. No. 660 (Senate Bill No. 139). AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize the use of premises in nursing homes as barbershops and beauty shops for residents of such nursing homes without those premises being required to be licensed or registered or being otherwise subject to certain regulation as barbershops or beauty shops; 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 following Code Section 43-7-24 a new Code Section 43-7-24.1 to read as follows:
"43-7-24.1. Notwithstanding any other provision of this chapter,
Premises made available for a barbershop within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7 of Title 31 shall not be required to be licensed as a barbershop under this chapter, or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for alleged violations of this chapter by any person licensed under this chapter, if barbering services in such premises are rendered only to residents of the nursing home."
Section 2. Said title is further amended by adding following Code Section 43-10-18, relating to home beauty shops, a new Code Section 43-10-18.1 to read as follows:
"43-10-18.1. Notwithstanding any other provision of this chapter,
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Premises made available for a beauty shop within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7 of Title 31 shall not be required to be licensed or registered as a beauty shop under this chapter, or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for alleged violations of this chapter by any person licensed under this chapter, if cosmetologist services in such premises are rendered only to residents of the nursing home."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
HEALTH -- STERILIZATION OF MENTALLY INCOMPETENT PERSONS; PETITIONS; REPORTS;
STANDARD OF PROOF; PROCEDURE.
Code Section 31-20-3 Amended.
No. 661 (Senate Bill No. 110).
AN ACT
To amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to performance of sterilization procedures, so as to change who may file petitions for orders regarding sterilization of mentally incompetent persons; to provide for an examining team and reports thereby; to change the standard of proof for such sterilization orders and judgments; to change certain provisions relating to hearings and trials regarding such applications for sterilization; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to performance of sterilization procedures, is amended by striking in its entirety Code Section 31-20-3, relating to sterilization of mentally incompetent persons, and inserting in its place a new Code section to read as follows:
"31-20-3. (a) The General Assembly finds that the present laws of this state provide no means for the performance of sterilization procedures upon persons who, because of mental retardation, brain damage, or both, are irreversibly and incurably mentally incompetent to the degree that such persons, with or without economic aid (charitable or otherwise) from others, could not provide care and support for any children procreated by them in such a way that such children could reasonably be expected to survive to the age of 18 years without suffering or sustaining serious mental or physical harm.
(b) As used in this Code section, the term 'person subject to this Code section' means a person who, because of mental retardation, brain damage, or both, is irreversibly and incurably mentally incompetent to the degree that such person, with or without economic aid (charitable or otherwise) from others, could not provide care and support for any children procreated by such person in such a way that such children could reasonably be expected to survive to the age of 18 years without suffering or sustaining serious mental or physical harm, when there has been, according to the procedures of this Code section as hereinafter stated, the required finding that the condition of such person is irreversible and incurable.
(c) A sterilization procedure may be performed by a physician on a person subject to this Code section pursuant to subsection (d) of this Code section only after satisfaction of all of the following conditions precedent:
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(1) A petition shall be filed by one or more of the parents or legal guardian or next of kin of the person alleged to be subject to this Code section stating the reasons why such person is alleged to be subject to this Code section and containing the written consent of the parent or parents not filing the petition, if such parents are surviving, can be found after reasonable effort, and are mentally competent. If no such parent or parents survive or can be found after reasonable effort or if such parent or parents are mentally incompetent, the petition shall contain the written consent of a guardian ad litem who shall be appointed by the probate court and who shall make investigation and report to such court before the hearing shall commence, provided that such guardian ad litem shall be a duly qualified and licensed member of the State Bar of Georgia. The written consent of any parent shall not be required if such parent has not within six months of the date of filing of the petition provided any support or maintenance to the person alleged to be subject to this Code section and such parent does not reside within the same household as such person;
(2) The judge of the probate court shall appoint an examining team composed of a psychologist or psychiatrist qualified in the area of mental retardation and brain damage and one physician, neither of whom is the physician who proposes to perform the sterilization procedure on the person alleged to be subject to this Code section and neither of whom is a member of the committee of the accredited hospital described in paragraph (3) of this subsection. Said persons so appointed shall make an investigation and make a consolidated report to the court before the hearing shall commence that they have examined the person alleged to be subject to this Code section and whether or not they find such person to be a person subject to this Code section and whether, in their opinion, the condition of such person is irreversible and incurable. Such report shall include the reasons and factual information as to why such person should be subject to this Code section and the reasons, if any, why such person would not be subject to this Code section. If the examining team determines that such person is subject to this Code section, then the team shall include in its report some
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of the less permanent methods of preventing conception and shall report on the feasibility of each such method for that person. The person alleged to be subject to this Code section, the applicant, the parents of the person, the guardian ad litem, and the attorney representing the person shall receive a copy of the report not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceedings, each author of that report shall be subject to cross-examination either by testimony in court or by deposition;
(3) Prior to the hearing on the application, evidence shall be presented to the court that a sterilization procedure has been approved for the person alleged to be subject to this Code section by a committee of the medical staff of the accredited hospital in which the operation is to be performed. Such committee shall be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital staff, the physician proposing to perform the sterilization procedure not being counted as a member of the committee for this purpose. The approval of such committee as above specified shall be based upon a finding that the condition of the person alleged to be subject to this Code section is irreversible and incurable in the opinion of the majority of the committee as above specified. The person alleged to be subject to this Code section, the applicant, the parents of the person, the guardian ad litem, and the attorney representing the person shall receive a copy of the consolidated report not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceeding, each author of that finding shall be subject to cross-examination either by testimony in court or by deposition;
(4) If the person alleged to be subject to this Code section requests that the hearing be closed to the public, the judge shall close the hearing to the public unless an overriding or compelling reason can be shown as to why such hearing should not be closed to the public.
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The ruling by the judge whether to open the hearing to the public or not shall be in writing. Notice of the date, time, and location of the hearing shall be provided to the person alleged to be subject to this Code section and the attorney for the person alleged to be subject to this Code section at least ten days prior to the hearing;
(5) After the hearing, if the judge of the probate court shall find by clear and convincing evidence, from the evidence above specified, that the person alleged to be subject to this Code section is a person subject to this Code section and that the condition of such person is irreversible and incurable, he shall enter an order and judgment authorizing the physician to perform such sterilization procedure in accordance with subsection (d) of this Code section;
(6) An appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as provided in other cases by the laws of this state. The proceedings before the superior court shall constitute a trial de novo and upon application of either party shall be heard before a jury. If the person alleged to be subject to this Code section requests that the trial be closed to the public, the judge shall close the trial to the public unless an overriding or compelling reason can be shown as to why such trial should not be closed to the public. The ruling by the judge whether to open the trial to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and
(7) The person alleged to be subject to this Code section shall have the right to counsel at all stages of the proceedings provided for herein.
(d) After judgment of the court in accordance with the preceding subsections of this Code section shall have become
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final to the effect that such sterilization shall be performed upon such person subject to this Code section, a sterilization procedure may be performed in an accredited hospital by a physician upon such person subject to 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 8, 1985.
THE ZONING PROCEDURES LAW -- ENACTED.
Code Title 36, Chapter 66 Enacted.
No. 662 (House Bill No. 51).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide procedures for the exercise of the zoning power by counties and municipalities; to provide for a short title; to provide for a statement of intention and purpose; to authorize supplemental authority for local governments; to provide for definitions; to provide for certain notices and hearings; to provide for the adoption of certain policies and procedures by local governments; 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 65 a new Chapter 66 to read as follows:
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"CHAPTER 66
36-61-1. This chapter shall be known and may be cited as 'The Zoning Procedures Law.
36-66-2. (a) While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to January 1, 1986, or to require a local government to exercise its zoning power.
(b) Consistent with the minimum procedures required by this chapter, local governments may:
(1) Provide by ordinance or resolution for such administrative officers, bodies, or agencies as may be expedient for the efficient exercise of their zoning powers; and
(2) Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter.
36-66-3. As used in this chapter, the term:
(1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries.
(2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and, in the case of municipalities, the area lying within the corporate limits thereof.
(3) 'Zoning decision' means final action by a local government which results with:
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(A) The adoption of a zoning ordinance;
(B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; or
(C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another.
(4) 'Zoning ordinance' means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein.
(5) 'Zoning' means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
36-66-4. (a) A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.
Os) If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government then:
(1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and
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(2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.
(c) If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the local government.
36-66-5. (a) Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be available for distribution to the general public.
(b) In addition to policies and procedures required by subsection (a) of this Code section, each local government shall adopt standards governing the exercise of the zoning power, and such standards may include any factors which the local government finds relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. Such standards shall be printed and copies thereof shall be available for distribution to the general public.
(c) Prior to the adoption of policies and procedures pursuant to subsection (a) of this Code section and the adoption of standards pursuant to subsection (b) of this Code section, a local government shall conduct a public hearing on the proposed action. The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection."
Section 2. This Act shall become effective on January 1, 1986.
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Section 3. All laws and parts of laws in conflict with this Act are repealed,
Approved April 8, 1985.
GEORGIA ALLOCATION PLAN -- BONDS.
Code Title 36, Chapter 82, Article 8 Enacted.
No. 663 (House Bill No. 95).
AN ACT
To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units authorized to issue such bonds; to provide for the allocation of the state ceiling as imposed and authorized by federal law; to provide for a short title, legislative purpose, and definitions; to provide for the computation of the state ceiling; to provide for applications for and allocations of the state ceiling; to provide for suballocations of the state ceiling; to provide for qualifications and requirements for allocating the state ceiling; to provide for the powers, duties, and responsibilities of the Department of Community Affairs; to provide guidelines and procedures; to provide for priority and carryforward projects; to provide for other matters relative to the foregoing; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended by adding at the end thereof a new Article 8 to read as follows:
"ARTICLE 8
36-82-180. This article shall be known and may be cited as the 'Georgia Allocation Plan.'
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36-82-181. The economic development of the State of Georgia is of vital importance to the state and its citizens. Industrial development bond financing has been an integral part of the state's program for economic development. The United States government has enacted a law which limits the availability of industrial development bond financing within each state. This limited resource must be used in the best interest of the State of Georgia to the full extent permitted by federal law. The federal law limits the annual issuance of industrial development bonds and student loan bonds in the state to an amount not exceeding a state ceiling, imposed under the federal law. The federal law provides for a distribution of the state ceiling but also provides that a state may by law provide a different formula for allocating the state ceiling among the governmental units in the state. The purpose of this article is to implement a system for allocating the use of industrial development bonds and student loan bonds, as permitted by federal law, in order to further the economic development of the state and otherwise further the purposes of the laws of the state which provide for the issuance of such bonds.
36-82-182. As used in this article, the term:
(1) 'All purpose portion' means the part of the department share set aside for distribution in accordance with Code Section 36-82-192.
(2) 'Amount,' when used with respect to bonds, notices of allocation, or portions of the state ceiling, shall mean an amount measured in terms of United States dollars.
(3) 'Application' means the application for a notice of allocation required to be filed by an issuer with the department pursuant to this article, together with any amendments thereto.
(4) 'Bonds' means any bonds, notes, or other obligations which would constitute 'private activity bonds' as defined in the federal act.
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(5) 'Borrower' means any person or persons whose trade or business would cause any bonds to constitute 'industrial development bonds' within the meaning of Section 103(b)(2) of the Code. If there is more than one such person with respect to any issue of bonds, then the term 'borrower' shall mean and include each and every such person known at the time that the issuer files an application.
(6) 'Business day' means a day on which the department is open for business.
(7) 'Carryforward allocation' means the allocation of the state ceiling for a given year covered by a notice of allocation given under this article and by a carryforward election under Section 103(n) of the Code filed in accordance with the regulations and evidencing an election to carry forward an unused portion of the state ceiling from one calendar year to a subsequent calendar year.
(8) 'Carryforward project' means any project which constitutes a 'carryforward project' as defined in the federal act.
(9) 'Chief executive officer' means, if a borrower is a corporation, its chief executive officer, the chairman of its board of directors, or the chairman of the executive committee of the board of directors authorized to act for its board of directors; if a borrower is a partnership, a general partner of such partnership; if a borrower is one or more individuals, each such individual; or, if a borrower is any other type of entity, any person having the power to control, manage, and make policy decisions for such entity.
(10) 'Code' means the Internal Revenue Code of 1954, as amended.
(11) 'Commissioner' means the commissioner of the Department of Community Affairs.
(12) 'Confirmation of issuance' means the issuer's written confirmation that the bonds authorized by a notice of allocation have been issued, in such form as the commissioner may promulgate from time to time.
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(13) 'Department' means the Department of Community Affairs.
(14) 'Department share' means the portion of the state ceiling established and administered in accordance with Code Section 36-82-190.
(15) 'Employment test' means the employment test set forth in Code Section 36-82-189.
(16) 'Exempt facility bonds' means any obligations described in Section 103(b)(4) of the Code which would constitute 'private activity bonds' as defined in the federal act.
(17) 'Expiration date' means the final date on which bonds covered by a notice of allocation may be issued and by which the department must have received confirmation of issuance.
(18) 'Farm loan bonds' means any bonds issued by the Georgia Residential Finance Authority to assist agricultural interests in their effort to commence, expand, or diversify their operations.
(19) 'Farm loan pool' means that portion of the all purpose portion set aside, in accordance with Code Section 36-82-193, for allocation to the Georgia Residential Finance Authority for farm loan bonds.
(20) 'Federal Act' means Section 621 and Section 631(a)(3) of the Tax Reform Act of 1984 (Pub. L. 98-369; 98 Stat. 915), as now or hereafter amended. Section 621 of the Tax Reform Act of 1984 is designated as Section 103(n) of the Code.
(21) 'Filing date' means the final date on which applications for notices of allocation from the special purpose portion may be filed, which shall be the last business day of the year preceding the year for which a notice of allocation is requested.
(22) 'Georgia Residential Finance Authority' means the authority established under Article 3 of Chapter 3 of Title 8 of this Code.
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(23) 'Industrial park' means a project which is eligible to be financed with industrial park bonds.
(24) 'Industrial park bonds' means any obligations described in Section 103(b)(5) of the Code which would constitute 'private activity bonds' as defined in the federal act.
(25) 'Issued' means, with respect to any issue of bonds, that such bonds have actually been delivered and paid for in full. The date of issuance shall be the date on which the bonds have been delivered and paid for in full.
(26) 'Issuer' means the political subdivision, governmental unit, authority, or other entity which issues any bonds.
(27) 'Legal counsel' means an attorney or firm of attorneys duly authorized to practice law in the State of Georgia and admitted to practice before the highest court in the State of Georgia.
(28) 'Minibond pool' means that portion of the threshold share set aside, in accordance with Code Section 3682-188, for allocation to bonds in aggregate amounts of not more than $400,000.00.
(29) 'Notice of allocation' means the notice given by the department allocating to an issuer a specified amount from the state ceiling for a specific issue of bonds.
(30) 'Period' means any of the time periods into which the calendar year is divided for purposes of authorizing a percentage of the threshold share to be used during such period as provided in Code Section 36-82-186 as follows: period 1 begins January 1 and ends at midnight on March 31; period 2 begins April 1 and ends at midnight on June 30; period 3 begins July 1 and ends at midnight on August 31; and period 4 begins September 1 and ends at midnight on December 31.
(31) 'Person' means any individual, corporation, limited or general partnership, association, trust, or other entity of any nature whatsoever.
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(32) 'Policy guidelines' means the guidelines set forth in Code Section 36-82-194.
(33) 'Pollution control bonds' means any obligations described in Section 103(b)(4)(F) of the Code which would constitute 'private activity bonds' as defined in the federal act.
(34) 'Pollution control project' means a project which is eligible to be financed with pollution control bonds.
(5) 'Priority project' means any project for which there was an inducement resolution, or other comparable preliminary approval, before October 19, 1983, if:
(A) A substantial user of such project notified the issuer which adopted such inducement resolution or other preliminary approval:
(i) By August 17, 1984, that it intended to claim its rights under Section 631(a)(3) of the Tax Reform Act of 1984; and
(ii) By December 31, 1984, as to the calendar year in which it expected the obligations to provide the project to be issued;
(B) Construction of the project began before October 19, 1983, or the substantial user was under a binding contract on such date to incur significant expenditures with respect to the project, within the meaning of Section 631(a)(3) of the Tax Reform Act of 1984; and
(C) The project and proposed issue of bonds otherwise satisfied the requirements for priority in obtaining an allocation from the state ceiling set forth in Section 631(a)(3) of the Tax Reform Act of 1984, the applicable regulations, and the executive order signed by the Governor of the state on July 25,1984, which order established the Georgia allocation plan.
(36) 'Project' means the facility proposed to be financed, in whole or in part, by an issue of bonds, as such facility is described in an application.
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(37) 'Qualified application' means a completed application for a notice of allocation from the threshold share with respect to a project which satisfies the employment test except that:
(A) A completed application for a notice of allocation from the threshold share for industrial park bonds to finance an industrial park shall be a qualified application even if the industrial park does not satisfy the employment test; and
(B) A completed application for a notice of allocation from the threshold share with respect to a small project shall be a qualified application even if the small project does not satisfy the employment test.
(38) 'Regulations' means the treasury regulations promulgated and in effect from time to time under the authority of Section 103(n) of the Code, including but not limited to, the temporary regulations added to Part 1 of Title 26 of the Code of Federal Regulations as Sections 1.103(n)-lT through 1.103(n)-6T and any final regulations which may supersede such temporary regulations.
(39) 'Rural area pool' means that portion of the threshold share set aside, in accordance with Code Section 36-82-188, for allocation to bonds issued to finance projects not located in Metropolitan Statistical Areas of the state. For this purpose, Metropolitan Statistical Areas or MSA's means and includes those counties of the state which, at the time an application is filed for a notice of allocation from the rural area pool, have been designated a Metropolitan Statistical Area by the United States Office of Management and Budget. If the United States Office of Management and Budget or its successor ceases to designate MSA's, the department shall designate another means of determining which counties shall be included in MSA's for purposes of this article and which counties shall not be included. The determination of the department in such event shall be final and conclusive.
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(40) 'Small project' means any project with respect to which only one application for a notice of allocation is filed if such application requests a notice of allocation for an amount of bonds not in excess of $125,000.00.
(41) 'Special pools' means, collectively, the minibond pool and the rural area pool.
(42) 'Special purpose portion' means the portion of the department share set aside for distribution in accordance with Code Section 36-82-191.
(43) 'State' means the State of Georgia.
(44) 'State ceiling' means, for any calendar year, the state ceiling applicable to the state, as such term is used in the federal act. The amount of the state ceiling shall be determined in accordance with the provisions of the federal act.
(45) 'Student loan bonds' means any obligations issued as part of an issue all or a major portion of the proceeds of which are to be used directly or indirectly to finance loans to individuals for educational expenses and which would constitute 'private activity bonds' as defined in the federal act.
(46) 'System' means the system for allocating and distributing the state ceiling, as outlined in this article.
(47) 'Tax Reform Act of 1984' means the Tax Reform Act of 1984, which is part of the Deficit Reduction Act of 1984 and which is Pub. L. 98-369.
(48) 'Threshold share' means the part of the state ceiling established and to be administered in accordance with Code Section 36-82-186.
(49) 'UDAG bonds' means any issue of bonds substantially all of the proceeds of which are to be used to provide facilities with respect to which an urban development action grant, under Section 119 of the Housing and Community Development Act of 1974, has been applied for and which, if such grant is made, would be an issue described in Section 103(b)(6)(I) of the Code.
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(50) 'Unused amount' means, as of any date when the unused amount of the threshold share or either of the special pools or the farm loan pool is computed, the amount of the threshold share or either of the special pools or the farm loan pool from which notices of allocation were authorized to be given during a prior period, if any, but with respect to which either no notices of allocation were given during such period or notices of allocation were given but confirmation of issuance was not received by the department on or before the applicable expiration date plus the amount of the threshold share or either of the special pools or the farm loan pool from which notices of allocation have been given during the period which includes the date of computation but with respect to which confirmation of issuance was not received by the department on or before the applicable expiration date.
36-82-183. The department shall administer, operate, and manage the system. However, action taken by the department shall not constitute an opinion of and shall not be a basis for determining the tax treatment to be afforded any issue. Without limiting the generality of the department's power and authority to administer, operate, and manage the system, the department shall make such determinations and decisions, promulgate such rules and regulations, require the use of such forms, establish such procedures, and otherwise administer, operate, and manage the system in such respects as may be, in the department's determination, necessary, desirable, or incident to its responsibilities as the administrator, operator, and manager of the system. The General Assembly recognizes and acknowledges that the department will encounter situations which have not been foreseen or provided for in this article and expressly delegates to the department the power and authority to administer, operate, and manage the system in all situations and circumstances, both foreseen and unforeseen, including, without limiting the generality of the foregoing, the power and authority to control and establish procedures for controlling any misuses or abuses of the system and the power and authority to resolve conflicts or inconsistencies, if any, in this article or which may arise in administering, operating, or managing the system pursuant to this article. Any
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decision which the commissioner or the department makes and any action or inaction by the commissioner or the department, in administering, managing, and operating the system shall be final and conclusive and shall not be subject to any review, whether judicial, administrative, or otherwise and shall not be covered by, subject to, or required to comply with or satisfy any provisions of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.' The system depends upon the truthfulness of representations made and information submitted in or accompanying applications. The department may use all of the power and authority granted in this article and such other power or authority as the commissioner may deem necessary or appropriate in order to take action against those who fail to comply with any of the provisions of this article or who fail to display the truthfulness, which shall include the completeness necessary to avoid untruthfulness by omission, which the commissioner deems necessary for the system.
36-82-184. (a) The amount of the state ceiling shall be determined by the department in accordance with the federal act. The amount of the state ceiling available at any time shall be the amount, determined by the department, which results from subtracting from the state ceiling:
(1) The amount of bonds issued pursuant to notices of allocation and with respect to which confirmation of issuance has been received by the department on or before the applicable expiration date;
(2) The amount of bonds covered by notices of allocation outstanding but with respect to which the expiration date has not occurred; and
(3) The amount of notices of allocation required to be given for priority projects in accordance with Code Section 36-82-195.
(b) The department shall keep separate records for the threshold share, the minibond pool, the rural area pool, the department share, the all purpose portion, the farm loan pool, and the special purpose portion and shall make available to the public, by telephone recording, or periodic news
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release, or such other means as the department may determine to be appropriate, information with respect to the available amount of the threshold share, the minibond pool, the rural area pool, the department share, the all purpose portion, the farm loan pool, and the special purpose portion.
36-82-185. (a) Applications for notices of allocation shall be filed, received, and acted on by the department as set forth in this Code section.
(b) Applications shall be filed on such forms as the commissioner shall require. Such form may be different for applications for notices of allocation from the threshold share, the minibond pool, the rural area pool, the department share, the all purpose portion, the farm loan pool, or the special purpose portion. Each application shall be accompanied by the following:
(1) An affidavit, or copy thereof, of the publisher of the newspaper in which the notice of the public hearing required by Section 103(k) of the Code was published, demonstrating that notice of such public hearing was published and a copy of the approval of the governmental unit required by Section 103(k) of the Code, certified by a public official with the authority to certify such approval;
(2) A copy of the inducement resolution or other similar official action taken by the issuer with respect to the project which is the subject of the application certified by an officer of the issuer;
(3) A written opinion of legal counsel, addressed to the department, to the effect that the issuer is authorized under the law of the state to issue bonds for projects of the same type and nature as the project which is the subject of the application. This opinion shall cite by constitutional or statutory reference, including a reference to the session laws of the General Assembly in the case of a constitutional reference, the provision of the Constitution or law of the state which authorizes issuance of the bonds for the project;
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(4) A written commitment from a lender, financial institution, underwriter, investment banker, or other purchaser to purchase the bonds upon delivery by the issuer; and
(5) Any additional items specified elsewhere in this article.
(c) All applications shall apply for amounts of the state ceiling specified in even integrals of $1,000.00.
(d) If more than one person is a borrower with respect to any issue of bonds, any one of such persons may, and all such persons shall not be required to, execute any application, letter, or other writing which this article requires to be executed by the borrower.
(e) The department shall stamp or otherwise designate the date on which it receives each completed application. The date stamped or otherwise designated for any application received after the close of business on a business day shall be the next business day. For this purpose, the close of business shall be the time officially designated for the close of the department's business day. The application shall not be considered completed and shall not be stamped and accepted for filing, unless and until each of the items required under subsection (b) of this Code section has been received by the department. Receipt shall be deemed to occur only on a business day.
(f) A notice of allocation shall constitute the only means by which any of the state ceiling shall be allocated to a specific issuer for a specific issue of bonds. Any bonds for which no notice of allocation is given shall not be deemed to have been allocated a part of the state ceiling as required by the federal act and shall be deemed to be bonds issued in excess of the issuer's private activity bond limit under the federal act.
(g) The notice of allocation shall be in writing, shall be given to the issuer at the address specified in the application, shall specify the amount of bonds which may be issued, and shall specify the expiration date. The notice of allocation
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shall be in such form as the commissioner shall determine. If requested in the application, a copy of the notice of allocation shall be given to one legal counsel and one borrower. A notice of allocation may not be revoked, although it shall expire in accordance with the provisions of this article. All notices of allocation shall be given for amounts of the state ceiling specified in even integrals of $1,000.00.
(h) When bonds covered by a notice of allocation have been issued, confirmation of issuance shall be filed with the department immediately and must be received on or before the expiration date. If bonds are not issued and confirmation of issuance is not received by the department on or before the expiration date, the notice of allocation shall cease to be effective. The expiration date for any notice of allocation shall never be later than the first business day of the next calendar year. To the extent necessary to accomplish this, the department shall shorten the time period otherwise allowed to lapse before an expiration date. When the expiration date is the first business day of the next year, but only in such event, bonds must be issued on or before the last day of the year in which the notice of allocation was given, although confirmation of issuance may be received by the department as late as the first business day of the next year unless otherwise determined by the commissioner for good cause shown.
(i) Unless otherwise determined by the commissioner for good cause shown, a notice of allocation shall not be effective if the bonds actually issued pursuant to such notice of allocation are in an aggregate principal amount which is less than 95 percent of the amount of bonds authorized by such notice of allocation.
(j) The opinions of legal counsel and the commitment from a lender, financial institution, underwriter, investment banker, or other purchaser which are required to accompany applications shall be dated no more than 30 days prior to the date on which the application is filed. Such opinions, such commitment, and any other items required to accompany an application shall be in substantially the form required by the commissioner.
(k) Notices of allocation and other notices and written communications from the department shall be deemed to
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have been given when duly deposited in the United States mail, first-class, with all postage prepaid. Notices of allocation may, at the request of the borrower, be picked up by hand or delivered by courier or other delivery service, in any case at the expense of the borrower. Notices and other written communications to and filings with the department shall be given or made either by actual delivery to the office of the commissioner in Atlanta, Georgia, directed to the attention of the bond allocation manager, or by depositing the same in the United States mail, first-class, with all postage prepaid, addressed to the office of the commissioner in Atlanta, Georgia, directed to the attention of the bond allocation manager. Such notices and other written communications shall be deemed received only upon actual receipt by the department.
(1) The department shall furnish to the issuer receiving a notice of allocation a certificate of the commissioner certifying under penalty of perjury that the allocation evidenced by the notice of allocation was not made in consideration of any bribe, gift, gratuity, or direct or indirect contribution to any political campaign. Such certificate shall be in such form as may be required to satisfy the provisions of the federal act.
36-82-186. (a) The threshold share is established in an amount equal to 60 percent of the state ceiling. The threshold share shall be divided among the periods of each year as follows:
(1) During period 1, notices of allocation may be given for amounts up to 25 percent of the state ceiling;
(2) During period 2, notices of allocation may be given for amounts up to 25 percent of the state ceiling;
(3) During period 3, notices of allocation may be given for amounts up to 10 percent of the state ceiling; and
(4) During period 4, notices of allocation may be given for any unused amount.
(b) At any time, notices of allocation may be given for any unused amount.
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36-82-187. (a) Applications for notices of allocation from the threshold share will be filed, received, and acted on by the department as set forth in this Code section. Applications for notices of allocation from the threshold share may be filed for any bonds except student loan bonds and pollution control bonds.
(b) In addition to the items specified in Code Section 36-82-185, each application shall be accompanied by the following, where applicable:
(1) If the employment test applies, a written certification which satisfies the employment test, as required by Code Section 36-82-189;
(2) If the application is for industrial park bonds:
(A) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, constitute an issue of industrial park bonds when issued; and
(B) A written statement from the issuer, addressed to the department, to the effect that there is a need in the territorial area of the issuer's operation for an industrial park;
(3) If the application is for exempt facility bonds, other than pollution control bonds, which may not be given notices of allocation from the threshold share, a written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, constitute an issue of exempt facility bonds and will not constitute an issue of pollution control bonds when issued; and
(4) If the application is for UDAG bonds:
(A) A copy of the application submitted to the United States Department of Housing and Urban Development for an urban development action grant; and
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(B) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, constitute an issue of UDAG bonds when issued.
(c) The department shall give its notice of allocation approving the allocation requested by a qualified application within 15 days after the department receives the completed application to the extent that amounts in the threshold share remain available for notices of allocation. Such notices of allocation shall be given with respect to qualified applications in the chronological order, by date, in which the completed qualified applications were received by the department.
(d) If the qualified applications received on the same date request notices of allocation that would exceed the amount of the threshold share which, at the time, remains available for notices of allocation during the period, the department shall decide which qualified application or qualified applications shall receive a notice of allocation by applying the policy guidelines. The decision of the department shall be final and conclusive.
(e) If at any time during a period none of the threshold share remains available for notices of allocation but additional amounts of the threshold share become available later in the same period because confirmation of issuance is not received by the department on or before the applicable expiration date for any notice of allocation, the department shall give a notice of allocation with respect to qualified applications received during the same period, including any qualified applications which failed to receive a notice of allocation pursuant to subsection (d) of this Code section. Such notices of allocation shall be given, to the extent that the threshold share becomes available during the same period, with respect to qualified applications in the chronological order, by date, in which they were received by the department and, if necessary, by again applying the procedures set forth in subsection (d) of this Code section.
(f) Qualified applications received during a period which do not receive a notice of allocation during that period
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shall automatically be deemed to have been received on the first day of the next period. In order to be deemed automatically to have been received on the first day of the next period, however, any such qualified application received by the department more than 45 days prior to the first day of the next period must be certified as current, not more than 30 days prior to the first day of the next period, by a letter from the borrower and the issuer addressed to the department and received by the department prior to the first day of the next period. The letter shall certify that the information contained in the qualified application and all items accompanying the qualified application are and remain accurate and in full force and effect, except as may be specifically set forth in any amendment to the qualified application which does not result in the application failing to constitute a qualified application received by the department at or before the receipt of such certification. If such certification is received by the department after the first day of the next period, the application shall be deemed to have been resubmitted and received on the date when such certification was received.
(g) Notwithstanding anything in this Code section to the contrary, the department may, in its discretion, give a notice of allocation from the all purpose portion of the department share with respect to any qualified application which is not given a notice of allocation from the threshold share.
(h) Notwithstanding anything in this Code section to the contrary, the department shall not give a notice of allocation from the threshold share:
(1) For any pollution control bonds or student loan bonds or with respect to any pollution control project; or
(2) In an amount of more than $10 million for any other bonds.
(i) (1) The expiration date for a notice of allocation from the threshold share, other than one for UDAG bonds, shall be the first business day which occurs not less than 60 days after the date on which the notice of allocation is given.
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(2) The expiration date for a notice of allocation for UDAG bonds shall be the first business day which occurs not less than 180 days after the date on which the notice of allocation is given.
(3) The department may, for good cause shown by the issuer in a written statement submitted to the department prior to such expiration date, extend the expiration date for an additional period which shall expire on the first business day which occurs not less than 30 days after the original expiration date. The department shall not, however, have any obligation to extend the expiration date, and no issuer shall have any right to such an extension.
(j) If confirmation of issuance is not received by the department on or before the applicable expiration date, the amount covered by the notice of allocation shall automatically be returned and added to the threshold share, shall be available for use under other notices of allocation, and shall not apply to the bonds covered by the original notice of allocation.
(k) No application may be filed with respect to any bonds, other than UDAG bonds, or any project covered by a notice of allocation for which confirmation of issuance is not received by the department on or before the applicable expiration date for a period of six months after the expiration date.
36-82-188. (a) The minibond pool and the rural area pool are established and reserved from the threshold share for projects which qualify for notices of allocation from such special pools. An application for a notice of allocation from the rural area pool shall demonstrate to the department that the project is located in a county of the state which is not at the time included in an MSA. An application for a notice of allocation from the minibond pool shall demonstrate to the department that the aggregate principal amount of the proposed bonds is $400,000.00 or less and that the proposed bonds constitute all of the bond financing contemplated at the time for the project and any other facilities located at, or used as part of an integrated operation
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with, the project. The minibond pool and the rural area pool shall be administered in accordance with the procedures set forth in this Code section.
(b) The rural area pool shall be in an amount equal to 10 percent of the state ceiling. The minibond pool shall be in an amount equal to 5 percent of the state ceiling. Half of the rural area pool and half of the minibond pool shall be available for notices of allocation given during period 1. The remaining half of the rural area pool and the remaining half of the minibond pool shall be available for notices of allocation given during period 2. At any time during period 1 or period 2, notices of allocation from the rural area pool may be given for any unused amount with respect to the rural area pool and notices of allocation from the minibond pool may be given for any unused amount with respect to the minibond pool.
(c) All applications for notices of allocation from the special pools must be filed with, and received by, the department not later than June 15 in any year.
(d) As of the close of business for the department on the last business day prior to July 1, the special pools shall terminate for the year, and any unused amount remaining in the special pools shall be added to the threshold share available on July 1, except that bonds may be issued in accordance with notices of allocation given prior to such time and for which the expiration date has not occurred.
(e) The special pools are a part of the threshold share intended to give preference for a limited period of time to bond issues which otherwise qualify for a notice of allocation from the threshold share and which also satisfy the requirements for one of the special pools. Accordingly, the procedures and rules for filing applications and giving notices of allocations with respect to the special pools shall be the same as those with respect to the threshold share, as set forth in Code Section 36-82-187, except as otherwise expressly specified in this Code section.
(f) During period 1 and period 2, the amount of the state ceiling remaining in the special pools shall be sub-
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tracted from the amount of the state ceiling remaining in, and available for notices of allocation to be given from, the remainder of the threshold share. As a result, the state ceiling for the remainder of the threshold share may be exhausted when the portion of the state ceiling remaining in one or both of the special pools continues to be available for notices of allocation; or, conversely, the portion of the state ceiling remaining in one or both of the special pools may be exhausted when the remainder of the threshold share continues to be available.
(g) If at any time the amount of the state ceiling reserved for the special pools has been exhausted, applications which would otherwise qualify for one of the special pools shall be received and considered on the same basis as all other applications for notices of allocation from the threshold share.
(h) Any amounts which are the subject of notices of allocation from a special pool with respect to which confirmation of issuance is not received by the department on or before the expiration date shall be returned to the special pool from which the notice of allocation was given, except that any such amounts with respect to which the expiration date occurs on or after July 1 shall be returned to the threshold share and not to any special pool.
36-82-189. (a) In order to qualify for a notice of allocation from the threshold share, a project, other than an industrial park or small project must satisfy the employment test provided for in this Code section. To satisfy the employment test, a project must either:
(1) Be reasonably expected to increase employment within the territorial area of operation of the issuer by not less than one job for each $125,000.00 or part thereof in bond financing. This requirement shall be known as the increased employment test; or
(2) Be reasonably expected to retain within the territorial area of operation of the issuer not less than one job for each $125,000.00 or part thereof in bond financing. This requirement shall be known as the retained employment test.
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(b) (1) The increased employment test shall be satisfied if a borrower reasonably expects that the required additional jobs will be available not later than two years after completion of the project and certifies to this effect in writing.
(2) The retained employment test shall be satisfied if the chief executive officer of a borrower certifies in writing, addressed to the department, that, but for the issuance of the bonds which are the subject of the application, such borrower or other entity which operates the project reasonably expects that it would, within two years after the date of the application, either cease operation at the site of the project, thereby reducing employment by not less than the required number, or reduce employment by not less than the required number without ceasing operation.
(3) A job shall mean, for purposes of the employment test, a position held by a full-time paid employee with no agreement or arrangement which would limit the duration of such employment. Such an employee either must spend substantially all of his time on the job performing the duties of his job at the location of the project or must be based at the project and spend substantially all of his time on the job performing the duties of his job within the territorial area of operation of the issuer.
36-82-190. The department share is established in an amount equal each year to 40 percent of the state ceiling. The department share shall be divided for purposes of administration into two halves which shall be equal at the outset and thereafter shall be administered as set forth in this article. One-half shall be designated the special purpose portion and the other half shall be designated the all purpose portion.
36-82-191. (a) Applications for notices of allocation from the special purpose portion shall be filed on or before the filing date. Applications for notices of allocation from the special purpose portion may be filed only for exempt facility bonds and student loan bonds.
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(b) In addition to the items specified in Code Section 36-82-185, each application shall be accompanied by the following, where applicable:
(1) If the application is for exempt facility bonds, a written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, constitute an issue of exempt facility bonds when issued;
(2) If the application is for student loan bonds, a written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, constitute an issue of student loan bonds when issued; and
(3) A written statement, signed by an authorized officer of the borrower, specifying the period of time during the year when the bonds are expected to be issued, which time period shall be no more than 60 days in duration and specifying, if known, whether the bonds will be issued by private placement or public offering and, if by public offering, naming the underwriter or managing underwriter for such offering.
(c) If the amount of bonds covered by applications received on or before the filing date does not exceed the amount of the special purpose portion, the department shall give its notice of allocation, approving the allocation requested by each application.
(d) If the amount of bonds covered by applications received on or before the filing date exceeds the amount of the special purpose portion, the department shall decide which applications shall receive a notice of allocation by applying subsection (e) of this Code section and the policy guidelines. The department shall give its notice of allocation with respect to those applications which it selects not later than 75 days after the filing date. The decision of the department shall be final and conclusive.
(e) The department shall not give notices of allocation from the special purpose portion for any issue of exempt
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facility bonds with respect to any project or for any student loan bonds to be issued for the benefit of the same educational institution, in an aggregate principal amount of more than $15 million unless:
(1) The amount of bonds covered by applications for notices of allocation from the special purpose portion received on or before the filing date does not exceed the amount of the special purpose portion;
(2) The borrower and the issuer have furnished such additional information with respect to the proposed bonds and the project, in the case of exempt facility bonds, as the department may have requested;
(3) The department has determined that, if the notice of allocation is given, in the case of exempt facility bonds, the bonds will be issued and the project will be completed or, in the case of student loan bonds, the student loan bonds will be issued and the available proceeds will be loaned to students for educational expenses, thereby resulting in an only remote possibility that amounts authorized by the notice of allocation will not be used; and
(4) Based upon a review of the application, all items which accompanied the application, and all additional information requested by the department, the department has determined that the project or the student loan program will enhance the public good and general welfare of the State of Georgia as a whole.
(f) The expiration date for a notice of allocation from the special purpose portion shall be the last business day during the period of time when the bonds are expected to be issued, as specified in the application. This date shall be specified in the notice of allocation as the expiration date. The department may, for good cause shown by the issuer and the borrower, if any, or, in the case of student loan bonds, the educational institution for whose benefit the student loan bonds are to be issued in a written statement submitted to the department prior to such expiration date, extend the expiration date for an additional period which shall
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expire not more than 90 days after the original expiration date. The department shall not, however, have any obligation to extend the expiration date, and no issuer or borrower shall have any right to such an extension. The original expiration date, not including any extension, shall in no event be later than October 2 of the calendar year for which the notice of allocation is given.
(g) If confirmation of issuance is not received by the department on or before the applicable expiration date, the amount covered by the notice of allocation shall automatically be transferred and added to the all purpose portion, shall be available for use in notices of allocation from the all purpose portion, and shall not apply to the bonds covered by the original notice of allocation.
(h) No application may be filed with respect to all or any part of an issue of exempt facility bonds, student loan bonds, or a project covered by a notice of allocation for which confirmation of issuance is not received by the department on or before the applicable expiration date, except that an application may be filed for a notice of allocation to be given during the next year if, in the judgment of the commissioner, no person who submitted an application which would otherwise satisfy the requirements of this article for a notice of allocation was, during the year when the expiration date occurred, denied a notice of allocation at the first available time for which a notice of allocation might have been given.
(i) All amounts in the special purpose portion which are not the subject of notices of allocation given by the department shall, as of the first business day more than 75 days after the filing date, automatically be transferred and added to the all purpose portion and shall be available for use in notices of allocation from the all purpose portion.
(j) The intention of this Code section is to permit notices of allocation with respect to exempt facility bonds and student loan bonds to be given annually and for any amounts remaining in the special purpose portion, after such notices of allocation are given, to be transferred and added to and used as part of and on the same terms and conditions as the all purpose portion.
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36-82-192. (a) Applications for notices of allocation from the all purpose portion shall be received and acted on by the department as set forth in this Code section. The decision as to whether to consider an application for allocation from the all purpose portion shall be made at the discretion of the department.
0)) Applications for notices of allocation for exempt facility bonds and student loan bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation with respect to such bonds from the special purpose portion. Applications for all other bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation from the threshold share. Such applications need not designate that they are filed for a notice of allocation from the all purpose portion but may be treated as such by the department, in its discretion.
(c) Within 30 days after the department receives the completed application, the department shall:
(1) Give its notice of allocation approving the allocation requested by such application;
(2) Give notice to the persons who would otherwise be entitled to receive a copy of a notice of allocation that the allocation requested by the application has been denied; or
(3) Give notice to the persons who would otherwise be entitled to receive a copy of a notice of allocation that the allocation requested by the application has not been approved or denied and request written direction from the issuer and the borrower as to whether the department should retain the application for approval or disapproval in the future or whether the application should be withdrawn.
(d) If two or more applications are considered simultaneously for allocation from the all purpose portion, the department shall decide which application or applications shall receive a notice of allocation by applying the policy guide-
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lines. The decision of the department shall be final and conclusive. The applications among which the department shall decide shall include, but shall not be limited to, any application which the issuer and the borrower have directed the department to retain for approval or disapproval, in accordance with subsection (c) of this Code section.
(e) Notices of allocation from the all purpose portion may be given without regard to whether the employment test has been satisfied.
(f) Notices of allocation from the all purpose portion may be given for exempt facility bonds and student loan bonds but only if no allocation remains available at the time in the special purpose portion.
(g) If confirmation of issuance is not received by the department on or before the applicable expiration date, the amount covered by the notice of allocation shall automatically be added to the all purpose portion, shall be available for use in notices of allocation from the all purpose portion, and shall not apply to the bonds covered by the original notice of allocation.
(h) The provisions of subsections (i) and (j) of Code Section 36-82-187, with respect to notices of allocation from the threshold share, shall also apply to notices of allocation from the all purpose portion for all bonds except exempt facility bonds and student loan bonds. The provisions of subsections (e), (f), and (h) of Code Section 36-82-191 shall apply to notices of allocation from the all purpose portion for exempt facility bonds and student loan bonds.
36-82-193. (a) The farm loan pool is established and reserved from the all purpose portion of the department share for projects which qualify for notices of allocation from the farm loan pool.
(b) The farm loan pool shall be administered in accordance with the following procedures:
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(1) The farm loan pool shall be in an amount equal to 2 percent of the state ceiling. The entire farm loan pool and any unused amount with respect to the farm loan pool shall be available for notices of allocation given during period 1 and period 2;
(2) All applications for notices of allocation from the farm loan pool shall be filed with and received by the department not later than June 15 in any year;
(3) As of the close of business for the department on the last business day prior to July 1, the farm loan pool shall terminate for the year. Any unused amount remaining in the farm loan pool shall be added to the all purpose portion available on July 1, except that bonds may be issued in accordance with notices of allocation given prior to such time and for which the expiration date has not occurred;
(4) The department shall give its notice of allocation approving the allocation requested by a completed application for allocation from the farm loan pool within 15 days after the department receives the completed application to the extent that amounts in the farm loan pool remain available for notices of allocation. Such notices of allocation shall be given with respect to completed applications in the chronological order, by date, in which the completed applications were received by the department;
(5) Except as specified in this Code section, the giving of notices of allocation and the expiration date for notices of allocation from the farm loan pool shall be the same as for the all purpose portion;
(6) During period 1 and period 2, the amount of the state ceiling remaining in the farm loan pool shall be subtracted from the amount of the state ceiling remaining in and available for notices of allocation to be given from the remainder of the all purpose portion; and
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(7) Any amounts which are the subject of notices of allocation from the farm loan pool with respect to which confirmation of issuance is not received by the department on or before the expiration date shall be returned to the farm loan pool, except that any such amounts with respect to which the expiration date occurs on or after July 1 shall be returned to the all purpose portion and not to the farm loan pool.
(c) If at any time the amount of the state ceiling reserved for the farm loan pool has been exhausted, applications which would otherwise qualify for the farm loan pool shall be received and considered on the same basis as all other applications for notices of allocation from the all purpose portion.
36-82-194. (a) When the department is required to decide which applications should receive a notice of allocation based upon the policy guidelines, it shall compare the applications from which the selection is to be made and apply the policy guidelines set forth in this Code section. These policy guidelines are intended to assist the department in making its decision. The policy guidelines are not intended to establish definitive tests or standards. The decision which the department makes shall be final and conclusive. Each of the policy guidelines will be applied following the principle that, if all other things were equal among applications which are being compared, the application which most satisfies the intention of the particular policy guideline shall be given a notice of allocation. The policy guidelines are stated below, and the order in which they are stated does not indicate any priority of one over another.
(b) (1) Notices of allocation shall be favored for those bonds which produce or retain more jobs per dollar of bond financing. Applications will be compared based upon the level at which the projects covered would produce or retain jobs, applying the criteria of the employment test, that is, by comparing the number ofjobs which would result from each $125,000.00 or part thereof of each issue of bonds. This comparison will be made for exempt facility bonds, industrial park bonds, bonds for small projects, and other bonds but shall not be considered for student loan bonds.
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(2) Notices of allocation shall be favored for those bonds which will finance projects within areas where the average level of unemployment most exceeds the average level of unemployment in the state as a whole. Applications will be compared based upon the amount, if any, by which the average level of unemployment within the territorial areas of operation by the respective issuers exceeds the average level of unemployment in the state as a whole during the same period. For these purposes, average levels of unemployment shall be determined based upon such federal or state statistics and for such relevant periods of not less than 12 months as the department may decide to use.
(3) Notices of allocation shall be favored for bonds with a view toward an even geographical distribution of bond issues over the state. Applications will be compared based upon the geographic distribution of notices of allocation given during the same calendar year, without regard to whether such notices of allocation were given from the threshold share or the department share. The department may compare geographic distribution among counties, municipalities, United States congressional districts, or any other geographical areas the department may elect. In comparing geographic distribution, the department may consider the amount of bonds covered by notices of allocation and the location of the projects covered by such notices of allocation. For purposes of this policy guideline, the geographic location of student loan bonds shall be considered to be the same as the geographic locations of the educational institutions which are reasonably expected to make use of the proceeds of such student loan bonds.
(4) Notices of allocation shall be favored for bonds to finance projects where the percentage of the total cost of the project being financed by bonds is lower. Applications will be compared based upon the percentage of the total cost of each project which would be financed by bonds. For purposes of this comparison, the total cost of the project shall be limited to those costs for which, under Section 103 of the Code, substantially all of the proceeds of bonds must be spent and shall not include
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any inventory or working capital, as such terms are used in the regulations promulgated under Section 103 of the Code.
36-82-195. (a) The federal act requires giving an allocation of a portion of the state ceiling, for years after 1984, first to priority projects.
(b) The department shall give its notice of allocation, approving the allocation for each priority project, by not later than January 31 of the year, after 1984, in which the issuer reasonably expects that the bonds will be issued. Notwithstanding anything in this article to the contrary, the department shall subtract amounts covered by each such notice of allocation from amounts otherwise available in the state ceiling for the year for which the notice of allocation is given, and, specifically, shall subtract such amounts from those portions of the state ceiling composed of the threshold share, the rural area pool or minibond pool of the threshold share, the special purpose portion, or the all purpose portion which the department deems, in its discretion, most appropriate.
(c) When bonds covered by a notice of allocation have been issued, confirmation of issuance shall be filed with the department immediately.
(d) The expiration date for notices of allocation given pursuant to this Code section shall be the date 60 days after the date, specified in the application, when the issuer reasonably expects that the bonds will be issued. Such expiration date shall be specifically set forth in the notice of allocation.
(e) This Code section is intended to comply with the provisions of the federal act which require an allocation of a portion of the state ceiling be given first to priority projects. This Code section is not, however, intended to give, and shall not be construed to give, any priority to priority projects except to the extent required by the federal act.
36-82-196. After November 1 of any year, the department may transfer any available state ceiling, or any part thereof, from the threshold share to the all purpose portion, or from the all purpose portion to the threshold share, if
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the department anticipates that such amounts are more likely to be used in the category to which the transfer is made.
36-82-197. (a) Applications for carryforward allocations may be filed for any bonds to finance carryforward projects on the terms set forth in this Code section.
(b) Applications for carryforward allocations for exempt facility bonds and student loan bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation with respect to such bonds from the special purpose portion. Applications for carryforward allocations for industrial park bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation from the threshold share for industrial park bonds.
(c) In addition to the requirements of subsection (b) of this Code section, applications for carryforward allocations shall:
(1) Be accompanied by a properly executed carryforward election under Section 103(n) in the form required by the regulations;
(2) Specify the calendar year during which the carryforward allocation will be used; and
(3) Be accompanied by a written opinion of legal counsel, addressed to the department, to the effect that the carryforward project covered by the application constitutes as a carryforward project under the federal act.
(d) The department shall decide which applications for carryforward allocations shall receive a carryforward allocation.
(e) Within 60 days after the department receives the completed application, the department shall give:
(1) Its notice of allocation for the carryforward allocation, approving the carryforward allocation requested by such application;
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(2) Notice to the persons who would otherwise be entitled to receive a copy of the notice of allocation that the carryforward allocation requested by the application has been denied; or
(3) Notice to the persons who would otherwise be entitled to receive a copy of a notice of allocation that the carryforward allocation requested by the application has not been approved or denied and request written direction from the issuer and the borrower as to whether the department should retain the application for approval or disapproval in the future or whether the application should be withdrawn.
(f) A carryforward allocation may be made by giving a notice of allocation specifying the year in which the carryforward allocation shall be used. A carryforward allocation may be made by the department at any time permitted by the federal act, and the state ceiling will be reduced by the amount of carryforward allocation.
(g) The amount of any carryforward allocation shall be subtracted first from the outstanding amount of the special purpose portion and then, if none of the state ceiling remains available in the special purpose portion, from the outstanding amount of the all purpose portion, with the same effect in either case as if the notice of allocation were in the amount of the carryforward allocation and as if the confirmation of issuance were received prior to the expiration date.
36-82-198. If necessary or appropriate for complying with federal rules and regulations implementing the federal act, the state ceiling shall be deemed to be allocated to the State of Georgia and the State of Georgia's allocation pursuant to this article shall be deemed to be or have been assigned to the issuers to which allocations are or were issued.
36-82-199. The provisions of this article shall apply to all bonds issued on or after January 1, 1986."
Section 2. This Act shall become effective on January 1, 1986.
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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
SCHOOL BUS DRIVERS -- REPORTING VEHICLES PASSING STOPPED SCHOOL BUS.
Code Section 40-6-163 Amended.
No. 664 (House Bill No. 301).
AN ACT
To amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of drivers of vehicles meeting or overtaking school buses, so as to authorize and direct any school bus driver to record certain information relative to motor vehicles which overtake from either direction any school bus stopped on the highway for the purpose of loading or unloading school children; to provide that reports of such violations shall be forwarded to the Department of Public Safety; to require the Department of Public Safety to determine the ownership of such vehicles; to provide for certain duties by the Department of Public Safety; to provide for a rebuttable presumption; to provide for a hearing upon request; to provide a penalty for certain violations; 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 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of drivers of vehicles meeting or overtaking school buses, is amended by adding a new subsection (c) at the end thereof to read as follows:
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"(c) (1) Every school bus driver who observes a violation of subsection (a) of this Code section is authorized and directed to record specifically the vehicle description, license number of the offending vehicle, and time and place of occurrence on forms furnished by the Department of Public Safety. Such report shall be submitted within 15 days of the occurrence of the violation to the Department of Public Safety which shall be responsible for ascertaining the owner of said vehicle. Once the ownership of said vehicle is determined, the Department of Public Safety shall issue an appropriate warning letter within 15 days to the owner of the vehicle. A rebuttable presumption shall exist that the owner of the vehicle is the violator. Unless a hearing is requested, the Department of Public Safety shall make such warning a part of the owner's driving history.
(2) (A) Any person receiving a warning letter citing a violation of this Code section shall have the right to request a hearing before the commissioner of public safety or his authorized representative by submitting a written request to the department for a hearing within 30 days after receipt of the warning letter. The commissioner of public safety or his authorized representative shall schedule a hearing within a reasonable time but not later than 90 days after the request is received.
(B) The conduct of administrative hearings and actions taken by the Department of Public Safety shall be subject to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'
(3) Any person whose driving history record at the Department of Public Safety contains a warning letter issued pursuant to the provisions of this Code section and who violates the provisions 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 8, 1985.
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REVENUE AND TAXATION -- SALES AND USE TAX; CRAB BAIT EXEMPTION.
Code Section 48-8-3 Amended.
No. 665 (House Bill No. 316).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide that sales of crab bait to, and use of crab bait by, commercial fishermen shall be exempt from sales and use taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking from the end of paragraph (46) the word "or", by replacing the period at the end of paragraph (47) with the symbol and word "; or", and by adding a new paragraph (48) to read as follows:
"(48) Sales to licensed commercial fishermen of bait for taking crabs and the use by licensed commercial fishermen of bait for taking crabs."
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 8, 1985.
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ZONING AND PLANNING IN COUNTIES AND CITIES IN COUNTIES OF 400,000 OR MORE.
Code Sections 36-66-1 through 36-66-6 Enacted. No. 666 (House Bill No. 325). AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to specify certain zoning procedures to be followed in counties having a population of 400,000 or more and in certain municipalities wholly or partially located within such counties; to state legislative intent; to provide that in each such county or municipality which has established a planning department or similar agency the planning department or similar agency shall make an investigation and recommendation with respect to certain matters; to provide that in each such county or municipality which has established a planning commission or similar body the planning commission or similar body shall make an investigation and recommendation with respect to such matters; to provide that there shall be a written public record of such investigations and recommendations; to require persons initiating zoning proposals to make certain analyses of impact of proposed zonings; to provide that such investigations and recommendations shall be reviewed at hearings and meetings on zoning proposals; to provide for other related matters; 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 a new Chapter 66 to read as follows:
"CHAPTER 66 ARTICLE 1
36-66-1. This article shall apply only to those countries which have a population of 400,000 or more according to
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the United States decennial census of 1980 or any future such census and to those municipalities wholly or partially located within such counties which have a population of 100,000 or more according to the United States decennial census of 1980 or any future such census. As used in this article, the term 'local government' means those counties and municipalities subject to this article; and the term 'governing authority' means the governing authority of each such county and municipality.
36-66-2. The General Assembly finds that the increasing urbanization of those local governments subject to this article requires that such local governments should use zoning procedures which may not be necessary in other less urbanized areas. The General Assembly finds that the procedures required by this article will help to ensure that governing authorities will make zoning decisions consistently and wisely and in keeping with the long-range requirements of the public health, safety, and welfare. The General Assembly further finds that the procedures required by this article will help to ensure that zoning decisions are made on the basis of a record which will contain matters necessary to the consistent and wise decision of zoning matters in highly urban areas. The General Assembly further finds that the procedures required by this article will help citizens of the affected local governments in presenting and articulating their viewpoints on zoning matters. The General Assembly further finds that the procedures required by this article will help to ensure that court decisions, when courts are required to intervene in zoning matters, will be made on the basis of a record which will contain matters necessary to the consistent and wise judicial decision of such zoning matters.
36-66-3. In any local government which has established a planning department or other similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall with respect to each zoning proposal investigate and make a recommendation with respect to each of the matters enumerated in this Code section, as well as carrying out any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall
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make a written record of its investigation and recommendations, and this record shall be a public record. The matters with which the planning department or agency shall be required to make such investigation and recommendation shall be:
(1) Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;
(2) Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;
(3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;
(4) Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;
(5) If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and
(6) Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.
36-66-4. In any local government which has established a planning commission or other similar body charged with the duty of making recommendations with respect to zoning proposals, such planning commission or other body shall with respect to each zoning proposal investigate and make a recommendation with respect to each of the matters enumerated in code Section 36-66-3, as well as carrying out any other duties with which such planning commission or other body is charged by the local government. The planning commission or other body shall make a written record of its investigation and recommendations, and this record shall be a public record.
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36-66-5. If a zoning proposal is initiated by a party other than the local government, the initiating party shall be required to file a written, documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in Code Section 36-66-3, as well as any other supporting materials required by the local governing authority. The time at which such analysis is required to be filed shall be specified by each local governing authority, but the required time for filing shall not be less than seven days before any hearing or meeting of the governing authority at which the zoning proposal will be under consideration by the governing authority. Such a zoning proposal and analysis shall be a public record.
36-66-6. At any hearing or meeting at which a governing authority has under consideration a zoning proposal, the analysis submitted by the initiating party, if any, shall be reviewed. At any hearing or meeting at which a governing authority has under consideration a zoning proposal, the record prepared by the planning department or other agency, if any, shall be reviewed. At any hearing or meeting at which a governing authority has under consideration a zoning proposal, the record prepared by the planning commission or other group, if any, shall be reviewed. The review of such analysis and records at such hearing or meeting shall consist, as a minimum, of an oral statement of the findings with respect to each matter enumerated in Code Section 36-66-3 or the written presentation of such findings to the members of the governing authority together with a limited supply of copies of such findings to be available at the hearing or meeting and available on request to interested members of the public."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
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SCHOOL BUS DRIVERS -- DRIVING RECORDS MADE AVAILABLE TO BOARDS OF EDUCATION. Code Section 40-5-2 Amended. No. 667 (House Bill No. 393). AN ACT
To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to provide that certain driving records shall be made available to county and independent boards of education without charge; to limit the use of such records; to 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 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) Notwithstanding any of the provisions of subsection (c) of this Code section, the department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official, law enforcement agency, or the driver's licensing agency of another state. It shall be unlawful for any person who receives an abstract under this subsection to disclose or make any use thereof except in performance of his judicial or quasi-judicial duties.
(2) Notwithstanding any provisions of subsection (c) of this Code section, the department may furnish without charge a copy of any driver's abstract to a county or independent board of education. A board of education may only request the driver's abstract of an individual seeking employment with such board as a school bus driver or of an individual employed by such board as a school bus driver and may only use such abstract for the purpose of determining whether such individual shall be or remain employed as a school bus driver."
GEORGIA LAWS 1985 SESSION
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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
UNFAIR OR DECEPTIVE TRADE PRACTICES -- VIOLATION OF CERTAIN FEDERAL LAWS.
Code Section 10-1-393 Amended.
No. 668 (House Bill No. 448).
AN ACT
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive acts or practices, so as to provide that any violation of certain federal statutes or rules shall be consumer transactions and consumer acts or practices in trade or commerce; 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 certain unfair or deceptive acts or practices, is amended by striking the period at the end of paragraph (14) of subsection (b) and inserting in lieu thereof a semicolon and by adding a new paragraph immediately following paragraph (14) of subsection (b), to be designated paragraph (15) to read as follows:
"(15) Any violation of 15 U.S.C. Sections 1982 through 1987 and any violation of rules prescribed under 15 U.S.C.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1988. Notwithstanding anything in this part to the contrary, all such actions in violation of such federal statutes or rules shall be consumer transactions and consumer acts or practices in trade or commerce."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
CONSPIRACY IN RESTRAINT OF FREE AND OPEN COMPETITION OR IN RESTRAINT OF TRADE IN
TRANSACTIONS WITH THE STATE OR POLITICAL SUBDIVISIONS.
Code Section 16-10-22 Amended.
No. 669 (House Bill No. 940).
AN ACT
To amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competition and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations involving contracts, competitions, or conspiracies shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of five years following the date of the conviction or entry of the plea; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free
GEORGIA LAWS 1985 SESSION
1185
and open competition and conspiracy in restraint of trade in transactions with the state or political subdivisions, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) A person who is convicted of or who pleads guilty to a violation of subsection (a) or (b) of this Code section as a result of any contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction which was entered into or carried out, in whole or in part, on or after July 1,1985, shall be ineligible to submit a bid on, enter into, or participate in any contract with any department, agency, branch, board, or authority of the state or any county, municipality, board of education, or other political subdivision thereof for a period of five years following the date of the conviction or entry of the plea."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 8, 1985.
TREATMENT OF ALCOHOLICS -- EFFECTIVE DATE OF LAW EXTENDED.
Code Section 37-8-53 Amended.
No. 670 (House Bill No. 8).
AN ACT
To amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter; to provide an effective date; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to treatment of alcoholics and intoxicated persons, is amended by striking Article 4 thereof, relating to the effective date of certain other articles, and inserting in its place a new Article 4 to read as follows:
"ARTICLE 4
37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1987."
Section 2. This Act shall become effective upon its approval by 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 10, 1985.
CANCER ADVISORY COMMITTEE -- MEMBERSHIP.
Code Section 31-15-3 Amended.
No. 671 (House Bill No. 13).
AN ACT
To amend Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, so as to change the membership thereof and provide for terms and qualifications of members; to provide effective dates; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, is amended by striking that Code section and inserting in its place the following:
"31-15-3. (a) The Governor shall appoint a Cancer Advisory Committee to advise the department in the administration of this chapter. The committee shall establish priorities and recommend relative budgets for the various purposes of this chapter as described below.
(b) The Cancer Advisory Committee shall consist of 18 members appointed by the Governor as follows:
(1) Four members representing medical schools as follows: The term of office of those two members appointed from a list of names submitted to the Governor by the deans of the medical schools located within this state, which members are serving as such on June 30, 1985, shall expire on that date and upon the appointment and qualification of the first two members appointed by the Governor in 1985 pursuant to this paragraph. On and after July 1, 1985, four membership positions on the committee shall represent the four medical schools, whether public or private, located within this state. The deans of those schools shall each submit to the Governor a list of three names and the Governor shall appoint one member from each of those four lists;
(2) Two members shall be appointed by the Governor from a list of six names submitted to him by the chief executive officers of the hospitals or cancer clinics located within Georgia which are equipped to provide modern treatment for patients suffering from cancer;
(3) Two members shall be appointed by the Governor from a list of six names submitted to him by the Medical Association of Georgia;
(4) Two members shall be appointed by the Governor from a list of six names submitted to him by the American Cancer Society, Georgia Division;
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(5) The term of office of the two members appointed from the list of names submitted to the Governor by the Georgia Cancer Management Network, Inc., shall expire upon July 1,1985, and such two membership positions shall thereafter be abolished;
(6) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Claims Association and the Georgia Chapter of the Health Insurance Association of America;
(7) One member shall be appointed by the Governor from a list of three names submitted to him by the director of the Division of Rehabilitation Services of the Department of Human Resources;
(8) Two members shall be selected by the Governor from the general public ;
(9) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Nurses Association;
(10) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Association of Pathologists;
(11) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia State Medical Association; and
(12) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Pharmaceutical Association.
(c) The persons whose names are submitted to the Governor by the medical colleges, the hospitals, the Medical Association of Georgia, the Georgia State Medical Association, and the Georgia Association of Pathologists shall all be physicians licensed to practice medicine under the laws of Georgia, and the persons whose names are submitted by the Medical Association of Georgia and the Georgia State Medical Association shall all be actively engaged in the prac-
GEORGIA LAWS 1985 SESSION
1189
tice of medicine. The persons whose names are submitted to the Governor by the Georgia Nurses Association shall all be registered professional nurses licensed to practice nursing under the laws of Georgia. All persons whose names are submitted to the Governor by the Georgia Pharmaceutical Association shall be registered pharmacists licensed to practice pharmacy under the laws of Georgia.
(d) The Governor shall appoint the initial members for staggered terms as follows: three shall be appointed for terms to expire on December 31, 1977; three shall be appointed for terms to expire on December 31, 1978; three shall be appointed for terms to expire on December 31, 1979; and six shall be appointed for terms to expire on December 31, 1980. Thereafter, their successors shall be appointed for terms of four years, and until their successors are appointed and qualified, to begin on the expiration of the respective terms of office. In the event of a vacancy for any reason, the Governor shall fill said vacancy for the unexpired term in the same manner that other appointments are made. Those initial members added to the committee in 1985 shall be appointed for initial terms beginning July 1, 1985, and expiring December 31, 1989, and upon the appointment and qualification of their respective successors. Thereafter, their successors shall be appointed for terms of four years and until their respective successors are appointed and qualified, such terms to begin on the expiration of the respective terms of office.
(e) The Cancer Advisory Committee shall meet as often as the commissioner deems necessary but not less than twice each year."
Section 2. For purposes of making the initial appointments of members added by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, 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 10, 1985.
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CRIMINAL PROCEDURE -- TESTIMONY OF CHILDREN IN SEX OFFENSE CASES; PROCEDURE.
Code Sections 17-8-54 and 17-8-55 Renumbered. Code Sections 17-8-54 and 17-8-55 Enacted.
No. 672 (House Bill No. 27).
AN ACT
To amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses; to provide exceptions; to provide for the broadcasting of testimony out of open court of victims of certain sex offenses who are under 14 years of age; to change the numbering of certain Code sections in Article 3; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, is amended by renumbering Code Sections 17-8-54 and 17-8-55 as Code Sections 17-8-56 and 17-8-57, respectively, and inserting new Code Sections 17-8-54 and 17-8-55 to read as follows:
'T7-8-54. In the trial of any criminal case, when any person under the age of 16 is testifying concerning any sex offense, the court shall clear the courtroom of all persons except parties to the cause and their immediate families or guardians, attorneys and their secretaries, officers of the court, jurors, newspaper reporters or broadcasters, and court reporters.
17-8-55. In all proceedings involving the criminal charges hereinafter specified, the state or the defendant may apply for an order to televise out of open court the testimony
GEORGIA LAWS 1985 SESSION
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of a child 14 years of age or younger who has been the victim of violations of subsection (b) of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, or subsection (c) of Code Section 16-6-4. In all proceedings in which the court grants an order to broadcast testimony, the court shall clear the courtroom of all other persons except the judge, counsel for the parties, the defendant, a bailiff, and a parent, guardian, child psychologist, or other qualified person appointed by the court to represent the interests of the witness. The proceedings shall be televised live to the jury in the jury room or other appropriate place in the courthouse. The court may grant an order to televise testimony as provided in this Code section only if it finds that:
(1) The victim of the offense is a child 14 years of age or younger;
(2) There is a substantial likelihood that such child will suffer severe emotional or mental distress if required to testify in open court; and
(3) The rights of the defendant will not be unduly prejudiced thereby."
Section 2. This Act shall become effective upon its approval by 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 10, 1985.
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WATER WELL STANDARDS ACT -- REVISION AND REENACTMENT.
Code Sections 12-5-120 through 12-5-138 Amended or Enacted. No. 673 (House Bill No. 32). AN ACT
To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title; to provide for legislative intent; to define additional terms; to rename and change the membership and procedures of the State Water Well Standards Advisory Council; to provide additional powers and duties for said council; to require that any person drilling a water well shall have a license from said council; to require the direction of a professional geologist or a professional engineer in the drilling of any well, borehole, or corehole other than a water well; to require an affidavit of past experience in water well construction from applicants for licenses; to provide for a water well contractor trainee license; to establish said council for an additional six years; to provide standards for the construction, operation, maintenance, and abandonment of wells and boreholes; to provide for the bonding of water well contractors; to provide for the inspection of well and borehole construction, operation, maintenance, and abandonment; to provide for the use of a water well contractor's bond to bring water wells into compliance; to provide for the confiscation of certain equipment and vehicles in the event of a violation of said part; to provide for confiscation and liquidation procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, is amended by striking said part in its entirety and inserting in lieu thereof a new Part 3 to read as follows:
GEORGIA LAWS 1985 SESSION
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"Part 3
12-5-120. This part shall be known and may be cited as the 'Water Well Standards Act of 1985.'
12-5-121. It is the intent of the General Assembly to provide in this part for the application of standards for the siting, construction, operation, maintenance, and abandonment of wells and boreholes so as to protect the public health and the water resources of this state.
12-5-122. As used in this part, the term:
(1) 'Abandoned well' means a well or borehole, the use of which has been permanently discontinued, which is in such a state of disrepair that continued use for obtaining groundwater or for other useful purposes is impracticable, or from which groundwater for useful purposes is not obtainable.
(2) 'Aquifer' means a geologic formation, group of formations, or a part of a formation that is capable of yielding water to a well.
(3) 'Borehole' means a hole made into the earth's surface and extending at least 50 feet into the earth or at least ten feet below the water table, whichever is greater, with a drill, auger, or other tool for the purpose of: exploring subsurface strata in search of minerals, engineering or geologic data, water for water supply, blasting purposes, or monitoring.
(4) 'Capping' or 'cap' means the temporary placing of a watertight seal on the upper terminal of a completed well so that no surface pollutants can enter the well.
(5) 'Casing' means an impervious durable pipe placed in a well to prevent the walls from caving and to seal off surface drainage or undesirable water, gas, or other fluids to prevent them from entering the well and includes specifically, but is not limited to, the following:
(A) 'Liner pipe' which shall mean a well casing installed without driving within a protective casing or open drillhole;
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(B) 'Protective casing' which shall mean the permanent casing of the well; and
(C) 'Temporary casing' which shall mean a temporary casing placed in soft, sandy, or caving subsurface formations to prevent the hole from caving during drilling.
(6) 'Construction' means all acts necessary to construct a well or borehole for any intended purpose or use, including locating and drilling, but excluding the installation of pumps and pumping equipment.
(7) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter in water, in excess of naturally occurring levels.
(8) 'Corehole' means a borehole made into the earth's surface and extending at least 50 feet into the earth or at legist ten feet below the water table, whichever is greater, with a hollow drill to sample a cylindrical section of the earth's strata beneath the surface of the land or water.
(9) 'Council' means the State Water Well Standards Advisory Council.
(10) 'Dewatering well' means any well withdrawing 100,000 gallons of groundwater or less on any one day in order to remove groundwater from the vicinity of an excavation and which extends at least 50 feet into the earth or at least ten feet below the water table, whichever is greater.
(11) 'Director' means the Director of the Environmental Protection Division of the Department of Natural Resources, State of Georgia, or his designee.
(12) 'Division' means the Environmental Protection Division of the Department of Natural Resources, State of Georgia.
(13) 'Driller' means any person who engages in drilling or drilling operations.
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(14) 'Drilling' or 'drilling operation' means creating an excavation, well, borehole, or corehole by coring, boring, jetting, digging, driving, or otherwise constructing for any intended purpose or use, including locating, testing, or withdrawing groundwater which is intended or usable as a source of water supply.
(15) 'Engineering borehole' means a borehole for which the primary purpose is to collect data for engineering design.
(16) 'Filled, sealed, and plugged' means the placing of impervious material when appropriate in the well or borehole to prevent pollutants from entering the subsurface strata or water-bearing formations from the surface, to conserve the aquifer yield or artesian head, or to eliminate physical hazards.
(17) 'Geologic borehole' means any borehole not regulated under the authority of Part 2 of Article 2 of Chapter 4 of this title for which the primary purpose is to collect data for geologic, geophysical, or mineral resource evaluations.
(18) 'Groundwater' means water of underground streams, channels, artesian basins, reservoirs, lakes, and other water under the surface of the earth, whether public or private, natural or artificial, which is contained within, flows through, or borders upon this state or any portion thereof, including those portions of the Atlantic Ocean over which the state has jurisdiction.
(19) 'Individual water well' means any well constructed for the purpose of obtaining groundwater to supply water appurtenant to a single-family dwelling and intended for domestic use, including, but not limited to, household purposes, farm livestock, or gardens.
(20) 'Industrial well' means any well constructed for the purpose of withdrawing 100,000 gallons of groundwater or less on any one day for processing or cooling water or for purposes other than drinking water.
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(21) 'Irrigation well' means any well constructed for the purpose of obtaining groundwater to supply irrigation water for agriculture, silviculture, golf courses, fish farms, and land beautification, but excluding single-family irrigation of lawns or gardens.
(22) 'Monitoring well' means any well for which the primary purpose is to collect data for hydrologic, geohydrologic, or groundwater quality or quantity evaluations.
(23) 'Nonpublic water well' means any well constructed as a source of water supply for a water system which provides piped water to the public for human consumption, if such system has less than 15 service connections or regularly serves less than 25 individuals, excluding individual water wells.
(24) 'Person' means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and the federal government.
(25) 'Pollutant' means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial wastes, municipal wastes, agricultural wastes, or any other wastes or substances that do not naturally occur in the aquifer.
(26) 'Professional engineer' means a person registered to practice professional engineering in the State of Georgia in accordance with Chapter 15 of Title 43.
(27) 'Professional geologist' means a person registered to practice as a geologist in the State of Georgia in accordance with Chapter 19 of Title 43.
(28) 'Seismic shot hole' means any borehole in which explosives are detonated for the purpose of seismic investigations.
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(29) 'Under the direction of a professional geologist or professional engineer' means that a professional geologist or professional engineer has reviewed well or borehole drilling, construction, and abandonment plans or criteria and has provided instructions to the driller as to how the well or borehole is to be drilled, constructed, or abandoned.
(30) 'Water table' means, exclusive of parched conditions, the shallowest permanent occurrence of groundwater.
(31) 'Water well' means any excavation which is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater and which is intended or usable as a source of water supply for individual homes, farms, irrigation, industrial processes, public water systems, or nonpublic water systems.
(32) 'Water well contractor' means any person engaging in the business of constructing water wells.
(33) 'Well' means any excavation in which the vertical dimension exceeds the horizontal dimension that is bored, cored, drilled, dug, jetted, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater; or for evaluating, testing, developing, draining, or recharging groundwater reservoirs or aquifers; or for the exploration, evaluating, testing, or developing of minerals; or which causes the movement of water from or into any aquifer or subsurface strata; and shall include engineering and geologic boreholes.
12-5-123. (a) The State Water Well Standards Advisory Council is created. The council shall be composed of the following:
(1) A member appointed by the Governor from the public at large, who shall not be in any way connected with the well drilling industry. The member representing the public on July 1, 1985, shall continue to serve in this position from July 1, 1985, to July 1, 1986;
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(2) A member appointed by the commissioner of natural resources;
(3) A member appointed by the Governor representing the farming industry;
(4) Four members representing the water well drilling industry appointed by the Governor. The members who are water well drillers serving on July 1,1985, shall continue to serve in these positions from July 1, 1985 to July 1, 1986; and
(5) A member appointed by the Governor who is a registered professional geologist or registered professional engineer.
(b) Each member shall be appointed for a term of three years, and the Governor shall fill any vacancy in the council, except for the member appointed by the commissioner of natural resources, with each successor appointed in the same manner as his predecessor.
(c) At the first meeting of the council held in each calendar year, the council shall elect a chairperson who shall serve for one year, adopt rules of procedure, and develop a work plan. The chairperson may be reelected in subsequent years by the council. A vacancy in the position of chairperson shall be filled by vote of the council.
(d) The council shall meet at such times and at such designated places as it may determine but shall hold at least two regular meetings each year. An affirmative vote of a majority of the members present shall be necessary to transact business. Four members shall constitute a quorum.
(e) The director or his designee shall be the secretary of the council and, in addition to his duties as prescribed by law, shall perform such other administrative duties as may be prescribed by the council. Except as provided in this part, the council shall provide by rule and regulation for its own government. Members of the council shall serve without compensation but shall receive the same expense allowance as that received by members of the General Assembly
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and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any council member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his duties as a council member. For each day's service outside of the state as a council member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the council are subject to approval of the director or his designee.
12-5-124. In carrying out this part, the council shall have the following powers and duties:
(1) To adopt and amend rules and regulations which may be reasonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council. The council and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(2) To pay into the state treasury all fees and moneys received by it;
(3) To adopt and have an official seal;
(4) To set the amount of all fees required by this part;
(5) To license water well contractors and water well contractor trainees;
(6) To review the effect and practicality of standards set up in this part and recommend to the General Assembly adjustments and changes to achieve the purposes of this part;
(7) To review and recommend to the General Assembly any legislation which would improve the quality of relations between the water well drilling industry and the public; and
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(8) To conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance with any provisions of this part and any rules and regulations promulgated pursuant to this part that relate to water wells.
12-5-125. Except as provided in subsection (f) of Code Section 12-5-127, no persons shall drill a water well without first having a water well contractor's license issued by the council. No person, including licensed water well contractors, shall drill any other kind of well, borehole, or corehole unless such person is acting under the direction of a professional geologist or a professional engineer.
12-5-126. (a) The director or his designee shall act as the administrative agent for the council.
(b) The division shall have the duty to bring together and keep all records of the council; to receive all applications for licenses; to schedule a time and place for examinations, with the consent of the council; to schedule a time and place for all hearings; to issue certificates upon authority of the council; to collect all fees and to remit them to the state treasury.
(c) All orders and processes of the council shall be signed and attested by the director or his designee, and any notice or legal process necessary to be served upon the council may be served upon the director.
12-5-127. (a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor. All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed by the council.
(b) An applicant for a license as a water well contractor shall be required to have two years' experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three.
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(c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting a certified affidavit from a licensed water well contractor that the applicant has had at least two years of water well construction experience under said licensed contractor, and by any one of the methods described as follows:
(1) Presentation of copies of a county or city occupational license, or both, covering two years and indicating the occupation as 'well driller,' 'water well contractor,' or equivalent; provided, however, that such county or city occupational license shall be acceptable as proof only if the licensee was required to verify his experience and qualifications as a 'well driller,' 'water well contractor,' or equivalent by successful completion of an examination or such other method designed to verify the licensee's skills as the local governing authority may require;
(2) Presentation of a list of ten wells, together with their locations, major use, and approximate customer cost that the applicant has constructed or has helped to construct within the last two years. This list must show the name and address of the owner or owners of each well, and the approximate date the construction of each well was completed. Completion dates of the ten wells must span the two-year time period. In addition, the applicant must provide notarized letters from three persons attesting to the length of time the applicant has been in the water well construction business as a major activity; or
(3) In lieu of the methods described in paragraphs (1) and (2) of this subsection, presentation to the council of satisfactory proof of equivalent value, which, at the council's option, may be accepted on an individual basis.
(d) Any person wishing to engage in the water well construction business shall designate himself or at least one partner, officer, or full-time employee to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The part-
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ners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires.
(e) The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or possession of the United States, if the requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state.
(f) Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his own or leased property intended for use only in a single-family house which is his permanent residence or intended for use only for farming purposes on his farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his own.
(g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the state. No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part.
(h) Any person desiring to engage in the business of water well construction and not meeting the requirements
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for licensing as a water well contractor may apply to the council for a license as a water well contractor trainee. An applicant for a trainee license shall be required to pass an examination approved by the council. The examination may be written or oral and shall relate to the applicant's knowledge of basic groundwater and basic well construction. Upon satisfactory completion of at least two years' experience under a licensed water well contractor, the trainee may apply for a license as a water well contractor and shall be required to pass an examination approved by the council.
12-5-128. (a) The licenses granted under Code Section 12-5-127 shall contain the name of the contractor, date of issuance, expiration date, license number, and the official designation or symbol of the council, together with the signatures of the council chairman and the chief administrative officer of the council. This license shall be displayed in a conspicuous place at the operator's principal place of business.
(b) All rigs and commercial vehicles used by water well contractors in well construction operations shall prominently display on each rig or vehicle the name of the contractor and shall likewise display the appropriate water well contractor's license number.
12-5-129. (a) The council shall suspend or revoke a license upon a finding of one or more of the following grounds:
(1) Material misstatement in the application for license;
(2) Willful disregard or violation of Code Section 125-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part;
(3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells;
(4) Incompetency in the performance of the work of a water well contractor;
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(5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor.
(b) The council shall have power and authority to hear and determine all complaints of violations of this part and the regulations pursuant thereto, filed with the council by any interested party, after first giving the person against whom the complaint is filed at least ten days' written notice of the time and place of hearing, together with a copy of the complaint filed against such person. Hearings will be conducted according to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If, upon the hearing, the council deems such complaint meritorious, the council may, in its discretion, suspend or revoke the license of the person against whom the complaint is filed or may allow the person a reasonable time in which to meet and correct the complaint of the objecting party. Suspensions or revocations of licenses shall be conducted according to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(c) The council, by majority vote of the quorum, may reissue a license to any person whose license has been revoked upon written application to the council by the applicant, showing good cause to justify the reissuance.
(d) Whenever it shall appear to the council that any person is or has been violating any provisions of this part or any of the lawful rules, regulations, or orders of the council, the council or the appropriate district attorney may file a petition for injunction in the appropriate superior court of this state against such person, for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the council has and shall be in addition to any right of criminal prosecution provided by law.
(e) The director shall be authorized to order the cessation of operation of any well operated in violation of this part and the seizure of all drilling equipment used in such drilling operation; provided, however, that the operator of
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any such drilling operation shall be afforded a hearing before the administrative law judge of the Department of Natural Resources on such order of the director within 48 hours.
12-5-130. All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee prescribed by the council. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council.
12-5-131. The council may from time to time amend its rules and regulations governing water well contractors. The council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date of the changes. This notification or lack thereof will in no way affect the effective date of the changes in the rules and regulations.
12-5-132. (a) Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title.
(b) Nothing in this part shall affect the regulation of groundwater use by the division pursuant to Part 2 of this article.
12-5-133. Any person who engages in or follows the business or occupation of, or advertises, holds himself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of any fine imposed for acting without the required license, any person violating any provision of this part may have his drilling rigs and commercial vehicles confiscated in accordance with Code Section 12-5-137.
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12-5-134. The following standards shall apply to all wells and boreholes:
(1) In the case of individual and nonpublic water wells:
(A) The well should be located as far removed, and in a direction opposite to the groundwater flow, from known or potential sources of pollutants as the general layout of the premises and surroundings permit; however, prior to actual construction, the water well contractor shall notify the county health department of the intent to drill a water well, providing such information as is required on forms prepared by the council. The well shall not be located in areas subject to flooding unless the well casing extends at least two feet above the level of the highest known flood of record. All new wells must be located at least the following horizontal distances from the following structures:
(i) Not less than ten feet from a sewer line;
(ii) Not less than 50 feet from a septic tank;
(iii) Not less than 100 feet from a septic tank absorption field;
(iv) Not less than 150 feet from a cesspool or seepage pit; and
(v) Not less than 100 feet from an animal or fowl enclosure;
(B) Every well shall be protected against surface runoff;
(C) Every well shall be located so it will be accessible for cleaning, treatment, repair, testing, inspection, and such other maintenance as may be necessary;
(D) Water-bearing formations that are or are likely to be polluted shall be sealed off;
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(E) No material shall be used in the well that will result in the delivered water being hazardous, toxic, or having objectionable taste or odor;
(F) Materials that are to be a part of the permanent well shall be durable and sufficient to protect the well against structural deficiencies during and after the construction and against the entrance of pollutants during the expected life of the well;
(G) The casing and liner pipe joints shall be watertight to the point of maximum drawdown in bored or driven wells and the entire length of the casing in drilled wells;
(H) The alignment in a drilled well shall be such that the installation and operation of the pump will not be impaired;
(I) All drill cuttings and other materials shall be removed from the entire depth of the well and the well shall be disinfected;
(J) The upper terminal of the well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(K) Any existing abandoned well or borehole shall be filled, sealed, and plugged by the present owner;
(L) The drilling contractor shall maintain in his office and shall furnish the owner a copy of the well construction data within 30 days of the well completion. The data shall include: total depth of well, borehole diameter, casing depth, size and type of casing material, grouting information, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description of method used for disinfection, dates of well construction, name of contractor, and water well contractor's license number;
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(M) A well having an open annular space between the casing and borehole shall be grouted and shall be filled with neat or sand-cement grout or other impervious material to prevent the entrance of pollutants or contaminants to the well. The following shall be considered minimum depths of seal below ground surface:
(i) Individual wells - ten feet;
(ii) Nonpublic wells - 25 feet in igneous or metamorphic rock; and
(iii) Nonpublic wells - 50 feet in sedimentary rock.
For large diameter water wells cased with concrete pipe or other acceptable casing material, if the casing joints are not sealed, the annular space shall be grouted as specified above, and the annular space below the grout shall be filled with sand or gravel;
(N) All permanent casing, liners, and other manufactured material used in the well installation shall be new, unless otherwise approved in writing by the owner, and adequate to protect the well against entrance of pollutants or contaminants during the expected life of the well. The casing material shall be of steel, plastic, or concrete and meet nationally accepted standards for well casing. Sewer pipe shall not be used for individual or nonpublic water supply wells;
(O) The well screen, when used, shall be of a standard design and manufactured specifically for the purpose of the well construction, shall be of a strength to satisfactorily withstand chemical and physical forces applied to it during and after installation, shall be designed to permit optimum development of the aquifer with minimum head loss consistent with the intended use of the well, shall have openings designed to prevent clogging or jamming, and multiscreened wells shall not connect aquifers or zones which have differences in water quality that would result in deterioration of the water quality in any aquifer or zone;
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(P) All gravel placed in a well to be used as a source of drinking water shall be clean, washed, free of organic matter, disinfected prior to emplacement, or provisions made for disinfection in place. The gravel pack material should consist mainly of silicious, well rounded, smooth, uniform grain particles and of such size to prevent the formation material from entering the well;
(Q) All individual and nonpublic wells producing water for drinking or food processing shall be disinfected following construction, repair, or when work is done on the pump, before the well is placed in service. The well and pumping equipment shall be disinfected with chlorine applied so that a concentration of at least 50 parts per million of chlorine shall be obtained in all parts of the well with a minimum contact period of two hours before pumping the well; and
(R) All individual and nonpublic wells shall be curbed at the surface by the owner with a watertight curbing of concrete at least four inches thick and extending at least two feet in all directions from the well casing and sloping away from the casing;
(2) All water wells constructed as sources of public water supply for a public water system as defined in Part 5 of this article, the 'Georgia Safe Drinking Water Act of 1977,' shall be constructed in accordance with the standards and rules and regulations established pursuant to said part;
(3) Irrigation wells shall be constructed in accordance with the standards established for individual and nonpublic wells except that the well does not require disinfection. The minimum depth of the grout seal shall be at least 20 feet below ground surface;
(4) Industrial wells shall be constructed in accordance with the standards established for individual and nonpublic wells. The minimum depth of the grout seal shall be the same as for nonpublic wells;
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(5) (A) Wells and boreholes other than water wells shall be constructed:
(i) So that no toxic or hazardous material is used in or introduced to the borehole;
(ii) So that water-bearing formations that are, or are likely to be, polluted shall be sealed off; and
(iii) To prevent water of different qualities from migrating between zones or aquifers.
(B) Engineering boreholes shall be constructed under the direction of a professional engineer.
(C) Geologic boreholes shall be constructed under the direction of a professional engineer or a professional geologist.
(D) Monitoring wells shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Well casing and well screens that are part of the monitoring well shall be durable and sufficient to protect the well against structural deficiencies during the construction and during the expected life of the well;
(ii) The upper terminal of the monitoring well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(iii) All casing and liner pipe joints shall be watertight for the entire length of the casing;
(iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollutants after due consideration of the local soil conditions, local geology, and the intended use of the well;
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(v) The alignment of the well is such that the well may be pumped or sampled;
(vi) All drilling equipment and tools shall be washed and steam cleaned immediately upon completion of any monitoring well located within 1,000 feet of any operating or abandoned sanitary landfill or hazardous materials facility or within 1,000 feet of any area where hazardous materials are known or believed to have been deposited, spilled, or discharged; and
(vii) At least once every five years, the owner of the property on which a monitoring well is constructed shall have the monitoring well inspected by a professional engineer or professional geologist, who shall direct appropriate remedial corrective work to be performed if the well does not conform to standards.
(E) Dewatering wells to be constructed for the purpose of withdrawing 100,000 gallons or less of groundwater on any one day shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Well casing and well screens that are a part of the dewatering well shall be durable and sufficient to protect the well against structural deficiencies during the construction and against entrance of pollutants during the expected life of the well;
(ii) The upper terminal of the dewatering well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(iii) All casing and liner pipe joints shall be watertight for the entire length of the casing;
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(iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollutants after due consideration of the local soil conditions and local geology; provided, however, that such grouting shall not be required if dewatering is to be accomplished by well points or a well point field;
(v) The alignment of the well shall be such that the installation and operation of the pump will not be impaired; and
(vi) The dewatering well shall be pumped in a manner and rate to prevent significant loss of strength of nearby soil and rock.
(F) Seismic shot holes shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Exclusive of explosives, no toxic or hazardous materials shall be used in or introduced to the shot hole;
(ii) Materials that are to be a part of the seismic shot hole shall be durable and sufficient to protect the seismic shot hole against structural deficiencies during the construction and against entrance of pollutants during the expected life of the seismic shot hole;
(iii) Prior to being charged with explosives, seismic shot holes shall contain temporary seals adequate to prevent the entrance of pollutants to any aquifer;
(iv) Seismic shot holes shall not be charged with explosives more than 24 hours prior to detonation; and
(v) In the event explosives are not detonated within one year after reaching total depth, the seismic shot hole shall have all temporary seals removed and be completely plugged with impervious materials to prevent the entrance of pollutants to any aquifer; and
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(6) (A) A water well shall be considered as temporarily abandoned when its use has been interrupted for a period of more than one year and not more than three years. Such a well shall be sealed and the well maintained whereby it is not a source or a channel of contamination or pollution when not in service.
(B) A water well shall be considered as permanently abandoned when its service has been interrupted for a period of more than three years or it meets the definition of abandoned well as defined in this part. Such a well shall be filled, sealed, and plugged.
(C) Whenever a well or borehole is excavated for the exploration, testing, or use as a source of water supply but is no longer used for that purpose, it shall be the owner's responsibility to have the borehole filled, sealed, and plugged within 30 days of the excavation or disuse to protect against the entrance of pollutants into the subsurface.
(D) No abandoned water well or borehole shall be used for the purpose of disposing of any wastes or pollutants that may contaminate the groundwater.
(E) All engineering boreholes, regardless of the depth limitations defined in paragraphs (3) and (8) of Code Section 12-5-122, which are located on property which is being used or is proposed to be used for the storage, manufacture, or processing of petroleum products, hazardous materials, hazardous wastes, industrial or municipal wastewater, brines, or any other chemical substances, must be completely filled, sealed, and plugged within 30 days after the total depth is reached. Engineering boreholes which are in locations scheduled to be excavated, covered with pavement, or covered by the concrete foundation or basement of a building within two years after drilling need not be filled, sealed, and plugged. All other engineering boreholes must be filled, sealed, and plugged within 90 days after the total depth is reached. It shall be the responsibility of the person in charge of the borehole construction to ensure proper abandonment.
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(F) Geologic boreholes which are in locations scheduled to be mined within two years after drilling need not be filled, sealed, and plugged. Other geologic boreholes shall be filled, sealed, and plugged within 30 days after drilling. It shall be the responsibility of the person in charge of borehole construction to ensure proper abandonment.
(G) Monitoring wells shall meet the requirements of abandonment as defined by this part unless they are declared temporarily abandoned. A monitoring well that is temporarily abandoned shall have a cap placed on it within 15 days of its temporary abandonment. It shall be the responsibility of the owner of the property on which the monitoring well is constructed to ensure proper abandonment of the wells.
(H) Seismic shot holes shall be filled, sealed, and plugged within 60 days after the explosives have been detonated. It shall be the responsibility of the person in charge of the shot hole construction to ensure proper abandonment.
(I) Abandoned individual, nonpublic, public, irrigation, and industrial wells shall be filled, sealed, and plugged by a water well contractor licensed by the council.
(J) Abandoned engineering boreholes, geologic boreholes, dewatering wells, monitoring wells, and seismic shot holes shall be filled, sealed, and plugged under the direction of a registered professional geologist or registered professional engineer.
12-5-135. (a) A performance bond or letter of credit shall be provided to the director by any water well contractor or driller for the conduct of drilling operations to ensure compliance with the procedures and standards contained in this part.
(b) The bond or letter of credit required in paragraph (a) of this Code section shall be:
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(1) Conditioned upon faithful compliance with the conditions and terms of this part; and
(2) In such amount as determined by the director to ensure compliance with the procedures and standards contained in this part, but in any event not to exceed $50,000.00.
(c) Such performance bond or letter of credit shall be placed on file with the director in one of the following forms:
(1) A performance bond, payable to the director and issued by an insurance company authorized to issue such bonds in this state; or
(2) 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.
(d) The council shall not issue any new license or renew any old license unless the license application is accompanied by a letter from the director or his designee stating that the applicant's bond or letter of credit is acceptable. Persons holding licenses currently must provide such bond to the director within 60 days of the date on which this part becomes effective. Failure to provide same shall constitute grounds for license revocation.
(e) Upon a determination by the director that a water well contractor, driller, or other person responsible for the conduct of the drilling operation has failed to meet the standards as set out in this part, the director may, after written notice of the failure to the contractor, driller, or other person responsible for the conduct of the drilling operation in accordance with subsections (e) and (f) of Code Section 12-2-136:
(1) Forfeit or draw that amount of such bond or letter of credit that the director determines necessary to correct the violations;
(2) Expend such amount for such purposes;
(3) Enter into contracts for such purposes; and
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(4) Require the replacement of that amount of such bond or letter of credit forfeited or drawn upon.
12-5-136. (a) All water well contractors or other persons drilling boreholes or coreholes are required to conduct their work in a manner that complies with the well construction standards established in this part and are required to be licensed or acting under the direction of a professional engineer or professional geologist as set forth in Code Section 12-5-125.
(b) The director or designated representatives of the division shall conduct inspections of wells and boreholes of all types to determine compliance with construction standards established in this part. Such inspections may be made in response to requests from the council or from any person who has reason to believe a well or borehole does not comply with the standards. The director may also select wells and boreholes to inspect at random.
(c) The director or designated representatives of the division shall be permitted access in or upon any private or public property at all reasonable times for the purpose of inspecting and investigating conditions of wells, methods of drilling, and records relating to the drilling and abandonment of wells and boreholes.
(d) The director shall report the results of all inspections to the respective driller, contractor, or person responsible for the drilling and to the council.
(e) The director shall notify the driller, contractor, or person responsible for the drilling and the council that a portion of bondedness or line of credit in such amount as necessary to provide corrective action may be assessed if that person does not bring the well or borehole up to the standards described in this part within 30 days.
(f) If a well or borehole is not brought up to the standards described in this part within this 30 day notification period, the director may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well.
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12-5-137. (a) All drilling rigs or commercial vehicles used to drill any well and other equipment used to drill any well by a person who is not a licensed water well contractor or driller or who is not acting under the direction of a professional engineer or professional geologist as required by this part are declared to be contraband subject to forfeiture and confiscation and seizure by any peace officer, who shall forthwith deliver such rigs and equipment to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent within ten days of the seizure.
(b) The district attorney whose circuit includes the county in which the seizure is made, within 30 days after the seizure of any illegal drilling equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation of seizure. If the owner or lessee, or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as in other civil cases. Should the drilling equipment be found to be illegal within the sense of this part, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his order may direct. The proceedings arising from such sale shall be applied:
(1) To the payment of proper costs and expenses, including expenses incurred in the seizure;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of such property; and
(4) If any money remains, to the general funds of the county.
(c) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that the actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is provided in this Code section in the case of an unknown owner or lessee.
(d) All proceedings against any alleged illegal drilling equipment for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of contraband property.
(e) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him.
12-5-138. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Wa-
GEORGIA LAWS 1985 SESSION
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ter Well Standards Advisory Council shall be terminated on January !j 1991, and this part and any other laws relating to such council shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
CRIMES AND OFFENSES -- CONTROLLED SUBSTANCES; DANGEROUS DRUGS; LISTINGS.
Code Title 16, Chapter 13 Amended.
No. 674 (House Bill No. 33).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances; to change the listing of dangerous drugs; to change and add certain penalty provisions; to make certain activities illegal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking Code Section 16-13-4, relating to approval by the Food and Drug Administration, in its entirety, and inserting in lieu thereof a new Code Section 16-13-4 to read as follows:
"16-13-4. (a) No controlled substance or dangerous drug shall be sold for dispensing unless the controlled sub-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
stance, as defined in Code Section 16-13-21, or the dangerous drug, as defined in Code Section 16-13-71:
(1) Is approved by the Food and Drug Administration for resale;
(2) Has a new approved drug application number (known as an NDA number) unless excepted by the Food and Drug Administration; or
(3) Has an approved abbreviated new drug application number (known as an ANDA number) unless excepted by the Food and Drug Administration.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one year nor more than five years."
Section 2. Said chapter is further amended by inserting after subparagraph (A) of paragraph (1) of Code Section 16-1325, relating to Schedule I controlled substances, a new subparagraph to read as follows:
"(A.l) Alfentanil;".
Section 3. Said chapter is further amended by adding a new subparagraph at the end of paragraph (3) of Code Section 16-13-26, relating to Schedule II controlled substances, to read as follows:
"(E) Sufentanil;".
Section 4. Said chapter is further amended by striking the period at the end of paragraph (31) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, and inserting in its place a semicolon and by adding immediately thereafter a new paragraph to read as follows:
"(32) Trialozam."
Section 5. Said chapter is further amended by striking paragraph (1) of subsection (d) of Code Section 16-13-41, relating
GEORGIA LAWS 1985 SESSION
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to prescriptions, in its entirety and inserting in lieu thereof a new paragraph (1) of subsection (d) to read as follows:
"(1) Except when dispensed directly by a practitioner, other than a pharmacy or pharmacist, to an ultimate user, a controlled substance included in Schedule III, IV, or V, which is a prescription drug as determined under any law of this state or the federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, 52 Stat. 1040 (1938), shall not be dispensed without a written or oral prescription of a registered practitioner. The prescription shall not be filled or refilled more than six months after the date on which such prescription was issued or be refilled more than five times."
Section 6. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 16-13-43, relating to unauthorized distribution, in its entirety and inserting in lieu thereof a new paragraph (3) of subsection (a) to read as follows:
"(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft;".
Section 7. Said chapter is further amended by adding at the end of Article 2 a new Code section to read as follows:
"16-13-56. Unless otherwise specified with respect to a particular offense, any person who violates any provision of this article shall be guilty of a misdemeanor."
Section 8. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, relating to dangerous drugs, paragraph (464), which reads as follows:
"(464) Ibuprofen;",
and inserting in its place the following new paragraph:
"(464) Ibuprofen -- See exceptions;",
and by adding in the appropriate paragraph positions in said subsection (b) the following new paragraphs:
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(.1)
Acebutolol
(24.1) Altenodol
(30.1) Amdinocillin
(48.1) Amrinone lactate
(68.2) Atracurium besylate
(83.2) Bentiromide
(102.1) Bitolterol mesylate
(152.01) Cefonicid
(152.2) Ceforanide
(153.1) Ceftizoxime
(153.2) Ceftriaxone sodium
(379.1) Etoposide
(415.1) Glipizide
(420.1) Glyburide
(469.1) Indapamide
(485.1) Iodohippurate sodium
(509.1) Labetolol sodium
(635.1) Naltrexone
(641.1) Nicotin resin complex
(649.1) Nomifensine maleate
(669.1) Oxprenolol
(700.1) Pentamidine isethionate
GEORGIA LAWS 1985 SESSION
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(703.1) Pentoxifylline
(731.1) Pimozide
(968.1) Tocainide hydrochloride
(990.1) Trilostane
(1027.1) Vecuronium bromide"
Section 9. Said chapter is further amended by inserting after paragraph (11) of subsection (c) of Code Section 1613-71, relating to dangerous drugs, a new subparagraph to read as follows:
"(11.1) Ibuprofen -- where a single dose is 200 mg. or less;".
Section 10. Said chapter is further amended by adding between Code Sections 16-13-78 and 16-13-79 a new Code Section 16-13-78.1 to read as follows:
"16-13-78.1. (a) No person shall prescribe or order the dispensing of a dangerous drug, except a registered practitioner who is:
(1) Licensed or otherwise authorized by this state to prescribe dangerous drugs;
(2) Acting in the usual course of his professional practice; and
(3) Prescribing or ordering such dangerous drug for a legitimate medical purpose.
(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 11. Said chapter is further amended by adding between Code Sections 16-13-78.1 and 16-13-79 a new Code Section 16-13-78.2 to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"16-13-78.2. Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a misdemeanor."
Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 13. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
SOIL EROSION AND SEDIMENTATION CONTROL -- TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS; REVOCATION OF CERTIFICATION; CIVIL PENALTIES;
EXEMPTIONS.
Code Sections 12-7-8, 12-7-15, and 12-7-17 Amended.
No. 675 (House Bill No. 35).
AN ACT
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," relating to the control of soil erosion and sedimentation, so as to authorize the provision of technical assistance to any county or municipality; to revise the procedures by which the certification of counties or municipalities may be revoked; to increase the civil penalties for violations of said chapter; to modify the exemption for projects undertaken or financed by certain governmental entities; to repeal conflicting laws; to provide an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," relating to the control of soil erosion and sedimentation, is amended by striking subsections (b) and (c) of Code Section 12-7-8, relating to the certification of counties and municipalities and the revocation thereof, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The districts or the committee or both may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code section. The districts or the committee or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the committee may notify the division and request investigation by the division if any deficient or ineffective local program is found.
(c) The division may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (d) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as an issuing authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as an issuing authority."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 12-7-15, relating to civil penalties, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $1,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation."
Section 3. Said chapter is further amended by striking paragraphs (7) and (8) of Code Section 12-7-17, relating to exemptions from regulation under the "Erosion and Sedimentation Act of 1975," in their entirety and inserting in lieu thereof new paragraphs (7) and (8) to read as follows:
"(7) Any project involving five acres or less; provided, however, that this exemption shall not apply to any landdisturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves five acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located;
(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state; provided, however, that such projects shall conform to the specifications
used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects;"
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 10, 1985.
MOTOR VEHICLE CERTIFICATES OF TITLE -- SALVAGE MOTOR VEHICLES; DAMAGED MOTOR VEHICLES.
Code Sections 40-3-35, 40-3-35.1, and 33-6-5 Amended.
No. 676 (House Bill No. 45).
AN ACT
To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to require the registered owner of certain damaged motor vehicles or insurance companies which acquire such motor vehicles to mail or deliver the certificate of title to the commissioner for cancellation; to prohibit any person, firm, or corporation from selling, transferring, or conveying a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title; to authorize the Insurance Commissioner to enforce against insurers certain provisions relative to salvage motor vehicles and to cooperate with and assist the commissioner in enforcing provisions relative to salvage motor vehicles; to make certain conduct relative to salvage motor vehicles unlawful; to provide a penalty; to require the commissioner to notify the Georgia Bureau of Investigation upon the receipt of an application for a certificate of title for a motor
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GENERAL ACTS AND RESOLUTIONS, VOL. I
vehicle for which the current out-of-state certificate of title is marked "salvage," "rebuilt," or "restored," or any similar such phrase; to require such motor vehicles to be inspected; to require a certificate of title marked "salvage" or "rebuilt" to be issued in certain situations; to provide for other matters relative to the foregoing; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to specifically authorize certain transactions by insurance companies; to provide that certain activity relative to salvage motor vehicles shall be unfair methods of competition and unfair and deceptive trade practices; 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 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, is amended by striking Code Section 40-3-35, relating to salvage motor vehicles, and inserting in lieu thereof a new Code Section 40-3-35 to read as follows:
"40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.
(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, grill, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel or any insurance company which acquires such damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation.
(b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases
GEORGIA LAWS 1985 SESSION
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or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 15 days of the purchase or acquisition of the motor vehicle or within 15 days of the payment of a total loss claim to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.
(c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this subsection, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-35.1, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1,1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Insurance Commissioner is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Insurance Commissioner is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Insurance Commissioner during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor."
Section 2. Said article is further amended by striking in its entirety Code Section 40-3-35.1, relating to certificates of title for salvaged and rebuilt motor vehicles, which reads as follows:
GEORGIA LAWS 1985 SESSION
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"40-3-35.1. (a) Upon the receipt of an application for a certificate of title for a motor vehicle for which the current certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and which has been repaired, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application.
Os) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (c) of this Code section, and verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this Code section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.
(c) (1) (A) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) If it is determined that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring such motor vehicle shall, prior to the inspection by the Georgia Bureau of Investigation, cause the word 'rebuilt' to be permanently affixed to said motor vehicle. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.
(2) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle.",
and inserting in lieu thereof a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) (1) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and which has been repaired, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application.
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(2) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current outof-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application.
(3) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application.
(b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (c) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The Georgia Bureau of Investigation shall conduct an initial inspection and any required reinspections upon notification of an application for a certificate of title under any circumstance specified in subsection (a) of this Code section even though the motor vehicle may have been previously inspected under this Code section. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.
(c) (1) (A) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall, prior to the inspection by the Georgia Bureau of Investigation, cause the word 'rebuilt' to be permanently affixed to said motor vehicle. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.
GEORGIA LAWS 1985 SESSION
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(2) Upon inspection by the Georgia Bureau of Investigation and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle."
Section 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraphs (8) and (9) of Code Section 33-6-5, relating to unfair methods of competition and unfair and deceptive trade practices, and inserting in lieu thereof new paragraphs (8), (9), and (10) to read as follows:
"(8) No insurance company shall cancel, modify coverage, refuse to issue, or refuse to renew any property or casualty insurance policy solely because the applicant or insured or any employee of either is mentally or physically impaired, provided that this paragraph shall not apply to accident and sickness insurance policies sold by a casualty insurer; provided, further, that this paragraph shall not be interpreted to modify any other provision of this title relating to the cancellation, modification, issuance, or renewal of any insurance policy or contract;
(9) No insurance company, when selling salvage motor vehicles, major component parts, or parts, shall sell directly to a used motor vehicle parts dealer, motor vehicle dismantle^ motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43; provided, however, this paragraph shall not prevent an insurance company from selling salvage motor vehicles, major component parts, or parts to any person, firm, or corporation when the sale is made through a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is licensed under Chapter 48 of Title 43; and
(10) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 15 days
1236
GENERAL ACTS AND RESOLUTIONS, VOL. I
of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
ELECTIONS -- HIGH SCHOOL PRINCIPALS AND ASSISTANT PRINCIPALS AND AREA VOCATIONAL SCHOOL DIRECTORS; SERVICE AS DEPUTY REGISTRARS.
Code Sections 21-2-212 and 21-3-120 Amended.
No. 677 (House Bill No. 48).
AN ACT
To amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, so as to authorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located; to amend Code Section 21-3-120 of the Official Code of Georgia Annotated, relating to the appointment of registrars and deputy registrars for municipal elections, so as to authorize principals and assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside in a municipality other than the municipality in which the school is located or who reside in a municipality which lies outside of the county in which the school is located; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, is amended by striking in its entirety subsection (c) and inserting in its place 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 principal's or director's school or who are employed by the school. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside outside of the county in which the school is located, the principal or assistant principal of such high school and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school on behalf of such student's respective county of residence. 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 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 21-2-213 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."
Section 2. Code Section 21-3-120 of the Official Code of Georgia Annotated, relating to the appointment of registrars and deputy registrars in municipal elections, is amended by striking in its entirety subsection (e) and inserting in its place 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 voca-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tional 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 principal's or director's school or who are employed by the school. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school is located or who reside in a municipality which lies outside of the county in which the school is located, the principal or assistant principal of such high school and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school on behalf of such student's respective municipality of residence. 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 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 April 10, 1985.
GEORGIA LAWS 1985 SESSION
1239
SURPLUS LINE INSURANCE -- BROKERS' BONDS; UNAUTHORIZED INSURERS.
Code Sections 33-5-22 and 33-5-25 Amended. No. 678 (House Bill No. 56). AN ACT
To amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to change the provisions relative to the bonds to be executed by applicants prior to their licensure as surplus line brokers; to change the provisions relative to the financial requirements of unauthorized insurers and the duty of surplus line brokers to ascertain the financial condition of unauthorized insurance; to provide 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 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, is amended by striking paragraph (4) of Code Section 33-5-22, relating to licensing requirements of surplus line brokers, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Prior to the issuance of the license or any renewal of such license the applicant shall file with the Commissioner a bond, to be approved by the Commissioner and made payable to the Commissioner or his successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do business in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following:
(A) Place insurance only in compliance with Code Section 33-5-25;
(B) Remit promptly the taxes provided in Code Section 33-5-31;
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(C) Account to any person requesting him to obtain insurance for funds or premiums collected in connection with such insurance; and
(D) Otherwise conduct business in accordance with this title.
The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and".
Section 2. Said article is further amended by striking subsections (a) and (b) of Code Section 33-5-25, relating to the duty of brokers to ascertain the financial condition of unauthorized insurers prior to the placement of insurance, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance with the unauthorized insurer and shall not place surplus line insurance with any insurer who does not meet, according to the last available reliable financial information, the financial requirements provided in subsection (b) of this Code section.
(b) The broker shall not so insure:
(1) With a foreign insurer having capital and surplus amounting to less than $3 million;
(2) With an alien insurer which has been established for less than ten years and which has less than $10 million in capital and surplus; or
(3) With any group of foreign or alien individual underwriters, including, but not limited to, any Lloyd's group, or with any other similar unincorporated group of foreign or alien individual insurers unless such group maintains a trust or security fund of at least $10 million United States dollars as security to the full amount
GEORGIA LAWS 1985 SESSION
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thereof for all policyholders and creditors in the United States of each member of the group."
Section 3. This Act shall apply to insurance policies issued, delivered, issued for delivery, or renewed on and after July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
FINANCIAL INSTITUTIONS -- DEPOSIT OF MONEY OF AN INTESTATE DECEDENT; CHECKS AND OTHER
INSTRUMENTS PAYABLE TO INTESTATE DECEDENTS.
Code Section 7-1-239 Amended. Code Section 7-1-239.1 Enacted.
No. 679 (House Bill No. 61).
AN ACT
To amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions' payment of deposits of deceased intestate depositors, so as to provide that moneys belonging to an intestate decedent may be deposited into a savings account in the decedent's name and may be paid out in the same manner as from other accounts of the decedent; to provide that financial institutions may accept and redeem checks and other instruments payable to deceased intestates in the same manner as they pay deposits of deceased intestate depositors; to provide to what persons payment may be made; to provide that such payments shall operate as a discharge of liability of the financial institution; to provide for all related matters; to repeal conflicting laws; and for other purposes.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 12 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions' payment of deposits of deceased intestate depositors, is amended by striking subsection (e) of Code Section 7-1239, relating to payment of deposits of deceased intestate depositors, and inserting in its place a new subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of law to the contrary, when any person dies intestate as a resident of this state and any person is left in possession of moneys belonging to the decedent, which moneys do not exceed $2,500.00, such person may deposit such moneys into a savings account in the name of the decedent in a financial institution located in the area of the decedent's residence. Such account shall be managed in accordance with the signature contract in effect at the financial institution at the time the account is opened. Any financial institution receiving such deposits is authorized to pay the proceeds in accordance with subsections (a), (b), (c), and (d) of this Code section."
Section 2. Said article is further amended by adding a new Code Section 7-1-239.1 to read as follows:
"7-1-239.1. (a) Whenever any person dies intestate having possession of or a right to possession of a check or other instrument payable to such deceased person and the amount of the check or instrument does not exceed $2,500.00, the financial institution on which the check or instrument is drawn shall be authorized to accept and redeem the check or instrument by payment to the following persons:
(1) To the surviving spouse;
(2) If no surviving spouse, to the children pro rata;
(3) If no children or surviving spouse, to the father and mother pro rata; or
(4) If none of the above, then to the brothers and sisters of the decedent pro rata.
GEORGIA LAWS 1985 SESSION
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(b) If a check or other instrument is payable to more than one person, it may be accepted and redeemed as provided in subsection (a) only if it has been endorsed by each payee other than the decedent.
(c) Payments made pursuant to this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary.
(d) As used in this Code section, the term 'financial institution' includes any federally chartered financial institution."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
EXECUTIONS AND TAX EXECUTIONS -- ALIAS EXECUTIONS AND ALIAS TAX EXECUTIONS; AGGREGATION OF EXECUTIONS.
Code Sections 9-13-8, 48-3-6, 48-3-7, and 48-4-1 Amended.
No. 680 (House Bill No. 64).
AN ACT
To revise provisions relating to issuance and levy of executions and tax executions; to amend Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales in general, so as to provide for
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GENERAL ACTS AND RESOLUTIONS, VOL. I
the issuance of alias executions by judicial officers and by state officers authorized to issue executions; to provide for the issuance by judges of the probate courts of alias executions to replace executions originally issued by authorized local government officers; to provide for the effect of alias executions so issued; to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that when two or more executions have been issued against a defendant, or when two or more in rem executions have been issued against the same unreturned property, such executions may be aggregated and the total amount due may be levied as in the case of a single execution; to provide for the issuance of alias tax executions by state officers authorized to issue tax executions; to provide for the issuance by the judges of the probate courts of alias executions to replace tax executions; 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 provide that when two or more executions have been levied against a defendant, or when two or more in rem executions have been levied against the same unreturned property, such executions may be aggregated and a single sale may be conducted for the total amount due as in the case of a single execution; to provide for related matters; to declare legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales in general, is amended by striking Code Section 9-13-8, relating to issuance of alias executions, and inserting in its place a new Code section to read as follows:
"9-13-8. (a) When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by any other satisfactory proof, grant an order for the issuing of an alias execution in lieu of the lost original execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
GEORGIA LAWS 1985 SESSION
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(b) When an execution which was regularly issued by an officer of the state as authorized by law is lost or destroyed, the state officer or the successor to the state officer by wbom the same was issued may at any time issue an alias execution in lieu of the lost original execution. The alias execution shall be dated the same date as the original execution and the officer shall endorse the word 'alias' on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
(c) When an execution which was regularly issued by an officer of a county or local government as authorized by law is lost or destroyed, the judge of the probate court of the county in which the original execution was issued may issue an alias execution upon the filing by the party having the right to control the original execution of a statement under oath of the loss or destruction of such original execution. The judge shall endorse the word 'alias' on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution."
Section 2. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking code Section 48-3-6, relating to leviers of executions, and inserting in its place a new Code section to read as follows:
"48-3-6. (a) Executions may be levied by the officers to whom such executions are directed or by other officers who are authorized by law to act in their place.
(b) Any levying officer to whom there have been directed two or more executions against a defendant, or to whom there have been directed two or more in rem executions against the same unreturned property, may aggregate such executions and may make a levy for the total amount due as in the case of single execution."
Section 3. Said Chapter 3 of Title 48 is further amended by striking Code Section 48-3-7, relating to alias tax executions, and inserting in its place a new Code section to read as follows:
"48-3-7. (a) Except as provided in subsection (b) of this Code section, when a properly issued tax execution is lost
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GENERAL ACTS AND RESOLUTIONS, VOL. I
or destroyed, an alias tax execution may be issued upon the filing by the party having the right to control the original execution of a statement under oath of the loss or destruction of such original execution with the judge of the probate court of the county in which the original execution was issued. The judge shall endorse the word 'alias' on the alias tax execution. The alias tax execution shall have all the legal force and effect of the lost or destroyed original tax execution.
(b) When a tax execution which was regularly issued by an officer of the state as authorized by law is lost or destroyed, the state officer or the successor to the state officer by whom the same was issued may at any time issue an alias tax execution in lieu of the lost original tax execution. The alias tax execution shall be dated the same date as the original tax execution and the officer shall endorse the word 'alias' on the alias tax execution. The alias tax execution shall have all the legal force and effect of the lost or destroyed original tax execution."
Section 4. 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 48-4-1, relating to procedures for tax sales, and inserting in its place a new Code section to read as follows:
"48-4-1. (a) If the levy is made upon real or personal property, the property shall be advertised and sold as provided for fi. fas. and judicial sales. Sales under tax executions shall be made under the rules governing judicial sales.
(b) If two or more executions have been levied against a defendant, or if two or more in rem executions have been levied against the same unreturned property, such executions may be aggregated and a single sale may be conducted for the total amount due, as in the case of a single execution."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1985 SESSION
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Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
JUDGES OF THE PROBATE COURTS -- QUALIFICATIONS FOR OFFICE.
Code Section 15-9-2 Amended.
No. 681 (House Bill No. 74).
AN ACT
To amend Code Section 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, so as to specify the qualifications for the office of judge of the probate court; to preserve an exception to certain qualifications; 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 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, is amended by striking in its entirety said Code section, which reads as follows:
"15-9-2. (a) The eligibility and disabilities of the judge of the probate court, aside from those specified in the Constitution, are the same as those of the clerks of the superior courts for their offices.
(b) The judge of the probate court cannot, during his term of office, be executor, administrator, or guardian, or
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GENERAL ACTS AND RESOLUTIONS, VOL. I
other agent of a fiduciary nature required to account to his court. When any person holding such trust is elected judge of the probate court, his letters and powers immediately abate upon his qualification. However, a judge of the probate court may be an administrator, guardian, or executor in a case where the jurisdiction belongs to another county or in a special case where he is allowed by law and required to account to the judge of the probate court of another county.
(c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county.",
and substituting in lieu thereof a new Code Section 15-9-2 to read as follows:
"15-9-2. (a) (1) Except as otherwise provided in subsection (c) of this Code section, no person shall be eligible to offer for election to or hold the office of judge of the probate court unless the person:
(A) Is a citizen of the United States;
(B) Is a resident of the county in which the person seeks the office of judge of the probate court for at least two years prior to qualifying for election to the office and remains a resident of such county during the term of office;
(C) Is a registered voter;
GEORGIA LAWS 1985 SESSION
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(D) Has attained the age of 25 years prior to the date of qualifying for election to the office, but this subparagraph shall not apply to any person who was holding the office of judge of the probate court on July 1, 1981;
(E) Has obtained a high school diploma or its recognized equivalent; and
(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.
(2) Each person offering as a candidate for the office of judge of the probate court shall file an affidavit with the clerk of the superior court of the county in which the person is seeking office prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by subparagraphs (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either subparagraph (B) of paragraph (1) of this subsection or subsection (c) of this Code section.
(b) The judge of the probate court cannot, during his term of office, be executor, administrator, or guardian, or other agent of a fiduciary nature required to account to his court. When any person holding such trust is elected judge of the probate court, his letters and powers immediately abate upon his qualification. However, a judge of the probate court may be an administrator, guardian, or executor in a case where the jurisdiction belongs to another county or in a special case where he is allowed by law and required to account to the judge of the probate court of another county.
(c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief
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deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
STATE PERSONNEL BOARD -- RULES AND REGULATIONS; REVIEW BY GENERAL ASSEMBLY
COMMITTEES; PUBLICATION.
Code Section 45-20-3.1 Enacted.
No. 682 (House Bill No. 77).
AN ACT
To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly; to provide for the publication of such rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding between Code Sec-
GEORGIA LAWS 1985 SESSION
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tions 45-20-3 and 45-20-4 a new Code Section 45-20-3.1 to read as follows:
"45-20-3.1. (a) At least 30 days prior to the date of a public hearing held to consider the adoption of rules or regulations to effectuate this chapter, the State Personnel Board shall transmit a notice containing an exact copy of the proposed rule or regulation to each member of the Governmental Operations Committee of the Senate and the State of the Republic Committee of the House of Representatives. The notice shall provide a citation to the authority pursuant to which the proposed rule or regulation is to be adopted and, if it amends an existing rule or regulation, such existing rule or regulation shall be clearly identified. The notice shall also state the date, time, and place of the public hearing at which adoption of the proposed rule shall be considered.
(b) If, prior to the date of the public hearing at which the proposed rule or regulation is to be considered for adoption, the chairman of either legislative committee specified in subsection (a) of this Code section notifies the commissioner of personnel administration and the State Personnel Board that the committee objects to the adoption of the proposed rule or regulation or has questions concerning the purpose, nature, or necessity of the proposed rule or regulation, it shall be the duty of the State Personnel Board to consult with the committee prior to the adoption of the proposed rule or regulation.
(c) If the State Personnel Board finds that the immediate adoption of a rule or regulation is necessary to secure or protect the interests of the State Merit System of Personnel Administration, such rule or regulation may be adopted on an emergency basis without following the procedures required by this Code section. In that event, the State Personnel Board shall adopt a resolution declaring the existence of an emergency and explaining the basis for such declaration as a condition necessary to adopt a rule or regulation on an emergency basis. Any rule or regulation adopted pursuant to the authority of this subsection shall expire in not more than 120 days immediately following its adoption, but the adoption of an identical rule pursuant to the requirements of this Code section shall not be precluded.
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(d) By not later than August 1, 1985, the State Personnel Board shall file with the Secretary of State a certified copy of all rules or regulations which were adopted by said board prior to July 1,1985, and which are of force and effect on July 1,1985, or which were adopted prior to July 1,1985, to become effective after that date. Any rule or regulation adopted by the State Personnel Board prior to July 1, 1985, which is not filed with the Secretary of State by August 1, 1985, shall be void and of no force and effect after August 1, 1985.
(e) Each rule or regulation adopted by the State Personnel Board on or after July 1, 1985, shall become effective upon approval by the Governor. The commissioner of personnel administration shall immediately file an original and two copies of the rule or regulation in the office of the Secretary of State.
(f) Rules or regulations filed with the Secretary of State pursuant to subsections (d) and (e) of this Code section shall contain a citation to the authority pursuant to which the rules or regulations are adopted and, when existing rules or regulations are amended, the filings required by said subsections (d) and (e) shall clearly identify the existing rules or regulations. The Secretary of State shall endorse on each filing required by subsections (d) and (e) of this Code section the time and date of the filing and shall maintain a file of the rules and regulations for public inspection.
(g) Rules and regulations filed with the Secretary of State pursuant to the requirements of subsections (d), (e), and (f) of this Code section shall be published by the Secretary of State as a part of the rules of state agencies published by the Secretary of State pursuant to Code Section 50-13-7.
(h) The courts shall take judicial notice of any rule which has become effective pursuant to this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
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TORTS -- ACTIONS FOR WRONGFUL DEATH. Code Sections 51-4-2 and 51-4-5 Amended. Code Section 51-4-3 Repealed. No. 683 (House Bill No. 83). AN ACT
To amend Chapter 4 of Title 51 of the Official Code of Georgia Annotated, relating to actions for wrongful death, so as to provide that a surviving spouse or, if there is no surviving spouse, a child or children, may recover for the homicide of the spouse or parent; to provide that if the surviving spouse dies pending the action, such action survives to the children; to provide that a surviving spouse may release the alleged wrongdoer; to provide that the surviving spouse shall hold any recovery; to provide for division of such a recovery; to provide that illegitimacy of a child is no bar to recovery; 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:
Section 1. Chapter 4 of Title 51 of the Official Code of Georgia Annotated, relating to actions for wrongful death, is amended by striking in its entirety Code Section 51-4-2, relating to persons entitled to bring an action for the wrongful death of a husband or father, and inserting in its place a new Code Section 51-4-2 to read as follows:
"51-4-2. (a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
(b) (1) If an action for wrongful death is brought by a surviving spouse under subsection (a) of this Code section and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) If an action for wrongful death is brought by a child or children under subsection (a) of this Code section and one of the children dies pending the action, the action shall survive to the surviving child or children.
(c) The surviving spouse may release the alleged wrongdoer without the concurrence of the child or children or any representative thereof and without any order of court, provided that such spouse shall hold the consideration, for such release subject to subsection (d) of this Code section.
(d) The surviving spouse shall hold any amount recovered under subsection (a) of this Code section subject to the law of descents, as if it were personal property descending from the decedent to the surviving spouse and to the children, provided that such recovery shall be equally divided, share and share alike, between the surviving spouse and the children per capita, and the descendants of children shall take per stirpes. Notwithstanding the preceding sentence, the surviving spouse shall receive no less than one-fourth of such recovery as such spouse's share.
(e) No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent.
(f) In actions for recovery under this Code section, the illegitimacy of a child shall be no bar to recovery."
Section 2. Said chapter is further amended by repealing in its entirety Code Section 51-4-3, relating to persons entitled to bring an action for the wrongful death of a wife or mother, which reads as follows:
"51-4-3. (a) The husband and the legitimate and illegitimate child or children may recover for the homicide of the wife or mother. They shall have the right to recover the full value of the life of the decedent, as shown by the evidence.
(b) (1) The husband and legitimate and illegitimate child or children who are alive at the time the action is brought shall bring an action jointly and not separately, with the right of survivorship if any of the parties die pending the action.
GEORGIA LAWS 1985 SESSION
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(2) If any one or more of the husband and legitimate and illegitimate child or children desire to bring an action under subsection (a) of this Code section, he or they may file the action and cause a copy thereof to be served personally upon the remaining individuals comprising the husband and children or, if one or more of the persons is a minor, then upon the guardian of the minor and a guardian ad litem appointed as provided by law or, if any one or more of the persons is a nonresident, then in the manner provided by law for service on a nonresident. Any of such persons may intervene in the case as an additional plaintiff at any time before final judgment. After final judgment, any of such persons not a party plaintiff shall have no further right of action against the alleged tort-feasor. However, any of such persons not duly served as provided in this paragraph shall have a right against the parties plaintiff for his or their proportionate part of the recovery in the action.",
and inserting in its place the following:
"51-4-3. Reserved."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 51-4-5, relating to the recovery by a personal representative for wrongful death of a decedent and for certain expenses, and inserting in its place a new subsection (a) to read as follows:
"(a) When there is no person entitled to bring an action for the wrongful death of a decedent under Code Section 51-4-2 or 51-4-4, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin. In any such case the amount of the recovery shall be the full value of the life of the decedent."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
CIVIL PRACTICE -- INDIGENTS; COURT COSTS; REVIEW OF PLEADINGS PRIOR TO FILING; PROCEDURES.
Code Section 9-15-2 Amended.
No. 684 (House Bill No. 91).
AN ACT
To amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that, when any action is filed by a party who is not represented by an attorney and who claims that he is unable to pay court costs because of his indigence, the complaint or other initial pleadings shall be assigned to and reviewed by a judge of the court prior to filing; to provide that, if the complaint or other initial pleading shows on its face such a complete absence of any justiciable issue of law or fact that it can not be reasonably believed that the court could grant any relief in the matter, then the judge shall enter an order denying filing of the pleading; to provide for other matters related to the foregoing; 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. Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, is amended by adding at the end of Code Section 9-15-2, relating to affidavits of indigence by parties unable to pay costs, a new subsection (d) to read as follows:
GEORGIA LAWS 1985 SESSION
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"(d) When a civil action is presented for filing under this Code section by a party who is not represented by an attorney, the clerk of court shall not file the matter but shall present the complaint or other initial pleading to a judge of the court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a complete absence of any justiciable issue of law or fact that it can not be reasonably believed that the court could grant any relief against any party named in the pleading, then the judge shall enter an order denying filing of the pleading. If the judge does not so find, then the judge shall enter an order allowing filing and shall return the pleading to the clerk for filing as in other cases. An order denying filing shall be appealable in the same manner as an order dismissing an action."
Section 2. This Act shall become effective July 1, 1985. The provisions of this Act shall apply to actions filed or presented for filing on or after July 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
INTESTATE DECEDENTS -- SHARES OF SPOUSES, CHILDREN, OR DESCENDENTS; RENUNCIATION.
Code Section 53-4-2 Amended. Code Section 53-4-3 Repealed.
No. 685 (House Bill No. 119).
AN ACT
To amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions regarding descent and distribution, so as to change the amount
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GENERAL ACTS AND RESOLUTIONS, VOL. I
to which certain spouses, children, or their descendants are entitled in cases of intestacy and to provide for renunciation thereof; 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. Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions regarding descent and distribution, is amended by striking paragraphs (1) and (2) of Code Section 53-4-2, relating to heirs upon the death of the husband or wife, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(1) Upon the death of the husband or wife without lineal descendants, the surviving spouse is the sole heir and upon payment of that deceased spouse's debts, if any, may take possession of the estate without administration;
(2) If, upon the death of the husband or wife, there are children or representatives of deceased children, the surviving spouse shall have a child's part, unless the shares exceed four in number, in which case the surviving spouse shall have one-fourth part of the estate and the children shall have three-fourths' part of the estate; and the surviving spouse and children shall take per capita but the descendants of the children shall take per stirpes. In any case in which a surviving spouse is entitled to the year's support and maintenance under Chapter 5 of Title 53, the amount of such support and maintenance shall not be includable in computing the amount to which that surviving spouse is entitled under this paragraph. No election by the surviving spouse shall be necessary to entitle that spouse to the portion of the estate allowed by this paragraph, but that surviving spouse shall be entitled thereto as a matter of law unless that spouse renounces such portion, in whole or in part, within nine months after the death of the other spouse;".
Section 2. Said article is further amended by repealing Code Section 53-4-3, relating to heirs upon the death of the wife.
GEORGIA LAWS 1985 SESSION
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Section 3. This Act shall become effective upon July 1, 1985, and shall apply in all cases in which a person dies intestate on or after July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
PENAL INSTITUTIONS -- WORK-RELEASE PROGRAMS; PARTICIPATION; ESCAPE; FUNDS EARNED.
Code Section 42-1-4 Enacted.
No. 686 (House Bill No. 120).
AN ACT
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to authorize participation of county prisoners in work-release programs; to provide that an inmate authorized to participate in a work-release program shall remain an inmate of the institution to which he is committed; to provide that failure to comply with the terms on which work-release is granted shall constitute and be punishable as a criminal escape; to provide that permission to participate in a work-release program may be granted by the sentencing judge or by the officer in charge of the institution with the approval of the sentencing judge; to provide for custody and disbursement of funds earned while in a work-release program, including payment of a portion of such funds to the county for the cost of the inmate's keep and confinement; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, is amended by adding a new Code Section 42-1-4 to read as follows:
"42-1-4. (a) Any person sentenced to confinement as a county prisoner under paragraph (1) of subsection (a) of Code Section 17-10-3 or otherwise sentenced to confinement as a county prisoner may, if there is reasonable cause to believe that he will honor his trust, be allowed to participate in a work-release program as authorized by this Code section. Participation in a work-release program shall be voluntary on the part of the inmate.
(b) When an inmate receives permission to participate in a work-release program, the limits of the place of the confinement of the inmate shall be expanded by allowing the inmate under prescribed conditions to work at paid employment or participate in a training program in the community while continuing as an inmate of the institution to which he is committed. The willful failure of an inmate to remain within the extended limits of his confinement or to return within the prescribed time to the institution shall constitute an escape from the institution and shall be punished as provided in Code Section 16-10-52.
(c) If there is reasonable cause to believe that an inmate will honor his trust, the inmate may be authorized to participate in a work-release program by:
(1) The sentencing judge at the time of sentencing; or
(2) The sheriff, warden, or other official in charge of the institution to which the inmate is committed if written approval is obtained from the sentencing judge.
(d) An inmate authorized to participate in a work-release program under this Code section shall comply with all rules and regulations promulgated by the institution in which he is confined relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the institution. An amount deter-
mined to be the cost of the inmate's keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the county. After deduction for keep and confinement the official in charge of the institution shall:
(1) Allow the inmate to draw from the balance a reasonable sum to cover his incidental expenses;
(2) Retain to the inmate's credit an amount as deemed necessary to accumulate a reasonable sum to be paid to him on his release from the institution; and
(3) Cause to be paid any additional balance as is needed for the support of the inmate's dependents.
(e) No inmate participating in a work-release program under this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in training or going to and from his place of employment or training."
Section 2. This Act shall become effective upon its approval by 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 10, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
AD VALOREM TAX -- TAX BILLS AND NOTICES OF TAX ASSESSMENT; CONTENTS; FORMS.
Code Section 48-5-56 Enacted. Code Section 48-5-306 Amended.
No. 687 (House Bill No. 125).
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide that certain ad valorem tax bills must contain a notice concerning homestead exemptions from ad valorem taxation and a notice concerning ad valorem tax returns; to provide for related matters; to require that each notice of ad valorem tax assessment must contain a notice to the taxpayer concerning the taxpayer's right to appeal the assessment; to specify the form of such notices; to provide for 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, is amended by adding a new Code Section 48-5-56 to read as follows:
"48-5-56. Each bill for ad valorem taxes on real property other than property required to be returned to the commissioner shall contain or be accompanied by a notice in substantially the following form:
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'Certain persons are eligible for certain homestead exemptions from ad valorem taxation. In addition to the regular homestead exemption authorized for all homeowners, certain elderly persons are entitled to additional homestead exemptions. The full law relating to each exemption must be referred to in order to determine eligibility for the exemption. If you are eligible for one of these exemptions and are not now receiving the benefit of the exemption, you must apply for the exemption not later than (insert date) in order to receive the exemption in future years. For more information on eligibility for exemptions or on the proper method of applying for an exemption, you may contact the office of the county tax receiver or county tax commissioner, which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).
If you feel that your property has been assigned too
high a value for tax purposes by the board of tax asses-
sors, you should file a tax return reducing the value not
later than
in order to have an opportunity
to have this value lowered for next year's taxes. Informa-
tion on filing a return can be obtained from the county
tax receiver or tax commissioner at the above address
and telephone number.' "
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 48-5-306, relating to notice of changes in ad valorem tax returns, and inserting in its place a new subsection to read as follows:
"(b) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
the assessed value of the taxpayer's property subject to taxation after being reduced. In addition to the foregoing, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors and the county board of equalization and to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).' "
Section 3. This Act shall become effective January 1,1986, and shall apply to tax bills and assessment notices mailed on or after that date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
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ABANDONED MOTOR VEHICLES -- DEFINITIONS; FORECLOSURE OF LIENS; NOTICES.
Code Sections 40-11-1, 40-11-2, and 40-11-5 Amended. No. 688 (House Bill No. 130). AN ACT
To amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide definitions; to change certain procedures relative to the foreclosure of liens on abandoned motor vehicles; to change certain notice requirements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-1, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-11-1 to read as follows:
"40-11-1. As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer:
(A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Which is left unattended on a public street, road, or highway 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;
(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto;
(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or
(E) Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto.
(2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer.
(3) 'Owner' means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue."
Section 2. Said chapter is further amended by striking Code Section 40-11-2, relating to the duty of the person removing or storing the abandoned motor vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within 15 days of the day such vehicle became an abandoned motor vehicle, give notice in writing to the Department of Revenue and the Georgia Bu-
GEORGIA LAWS 1985 SESSION
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reau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(c) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed."
Section 3. Said chapter is further amended by striking Code Section 40-11-5, relating to foreclosure of the lien on the abandoned motor vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-5 to read as follows:
"40-11-5. All liens acquired under Code Section 40-114 shall be foreclosed as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention;
(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (c) of Code Section 40-11-2 have been complied with;
(3) (A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto.
(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $5.00 per motor vehicle upon which a lien is asserted;
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(4) (A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted;
(5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;
(6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder
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GENERAL ACTS AND RESOLUTIONS, VOL. I
nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;
(7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
(8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he shall have the right to possession of the vehicle, and his security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle."
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 10, 1985.
GEORGIA LAWS 1985 SESSION
1271
MOTOR VEHICLE CERTIFICATES OF TITLE -- TRAILERS; APPLICATIONS.
Code Sections 40-3-4 and 40-3-22 Amended. No. 689 (House Bill No. 132). AN ACT
To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, so as to provide that certain trailers shall not be required to obtain a certificate of title; to provide that it shall not be necessary for certain applications for certificates of title to show the previous owner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, is amended by striking Code Section 40-3-4, relating to exclusions from the requirement for a certificate of title, and inserting in lieu thereof a new Code Section 40-3-4 to read as follows:
"40-3-4. No certificate of title need be obtained for:
(1) A vehicle owned by the United States unless it is registered in this state;
(2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe;
(3) A vehicle owned by a nonresident of this state and not required by law to be registered in this state;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;
(5) A vehicle moved solely by human or animal power;
(6) An implement of husbandry;
(7) Special mobile equipment;
(8) A self-propelled wheelchair or invalid tricycle;
(9) A pole trailer;
(10) Motor buses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes;
(11) A boat trailer;
(12) A homemade trailer;
(13) A device used exclusively upon stationary rails or trucks or which obtains motive power from fixed overhead electric wires;
(14) (A) A vehicle, other than a mobile home or crane, which weighs less than 10,000 pounds gross vehicle weight and which is 15 or more model years old. For purposes of this paragraph, a model year begins on September 1 of each year.
(B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-31. How-
GEORGIA LAWS 1985 SESSION
1273
ever, the failure of any subsequent transferee to comply with Code Section 40-3-31 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The Department of Revenue shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this paragraph shall be issued under Code Section 40-3-28.
(C) (i) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which is perfected on or before the date such vehicle becomes subject to the operation of subparagraph (A) of this paragraph shall lapse unless a notice of such security interest or lien is filed with the commissioner within 30 days from the date such vehicle becomes subject to the exclusion provided for in subparagraph (A) of this paragraph.
(ii) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which arises after such vehicle becomes subject to the operation of subparagraph (A) of this paragraph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title.
(iii) The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this paragraph; or
(15) (A) Except as provided in subparagraph (B) of this paragraph, a trailer with an unladen gross weight of 2,000 pounds or less.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) The exclusion provided in subparagraph (A) of this paragraph shall not apply to a travel trailer or camper, regardless of its unladen gross weight."
Section 2. Said chapter is further amended by striking Code Section 40-3-22, relating to applications for certificates of title, and inserting in lieu thereof a new Code Section 40-3-22 to read as follows:
"40-3-22. (a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner on the form he prescribes. Except as provided in subsection 0)) of this Code section, the application must be submitted to the commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 90 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state. If he does not submit his application within that time, the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain:
(1) The name, residence, and mailing address of the owner;
(2) A description of the vehicle, including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used;
(3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority and the date thereof; and
(4) Any further information the commissioner reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle.
(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer and the date of his security agreement. The application shall be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver it to the commissioner or his appropriate authorized county tag agent so as to have the application submitted to the commissioner or his appropriate authorized county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles.
(c) (1) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by:
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(A) Any certificate of title issued by the other state or country; and
(B) Any other information and documents the commissioner reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it and liens against it.
(2) If the application refers to a vehicle last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vehicle was acquired."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
MOTOR VEHICLE REGISTRATION CERTIFICATES -- ISSUANCE OF DUPLICATE CERTIFICATES BY COUNTY
TAG AGENTS.
Code Section 40-2-41 Amended.
No. 690 (House Bill No. 133).
AN ACT
To amend Code Section 40-2-41 of the Official Code of Georgia Annotated, relating to replacement of registration certificates, so as to authorize certain county tag agents to issue replacement registration certificates; to provide for the distribution of the fee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Code Section 40-2-41 of the Official Code of Georgia Annotated, relating to replacement of registration certificates, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-2-41 to read as follows:
"40-2-41. Upon an applicant's compliance with all laws relevant to the registration of his vehicle, the appropriate licensing authority shall issue to such applicant a certificate of registration for his vehicle. If a registration certificate issued under this chapter is lost, stolen, mutilated, or destroyed or becomes illegible, the registered owner shall promptly make application for a duplicate registration certificate to the commissioner. The commissioner, upon receipt of an application and fee of 50, shall issue the registered owner a duplicate registration certificate. If the application for a duplicate registration certificate is submitted to the same county that issued the current certificate of registration, the county tag agent may issue the duplicate registration certificate and may retain one-half of each application fee as compensation for issuing such duplicate certificate of registration."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
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MOTOR VEHICLE LICENSE PLATES AND DECALS -- LOSS OR MUTILATION REPORTS; SPECIAL LICENSE PLATES FOR PRISONERS OF WAR.
Code Sections 40-2-42 and 40-2-71.1 Amended.
No. 691 (House Bill No. 134).
AN ACT
To amend Code Section 40-2-42 of the Official Code of Georgia Annotated, relating to theft of license plates, so as to require the reporting of a lost or mutilated license plate or revalidation sticker; to amend Code Section 40-2-71.1 of the Official Code of Georgia Annotated, relating to special license plates for former prisoners of war, so as to redefine the term 'prisoners of war'; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-2-42 of the Official Code of Georgia Annotated, relating to theft of license plates, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-2-42 to read as follows:
"40-2-42. The owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department of Revenue, Motor Vehicle Division with a fee of $2.00 to obtain a duplicate license plate or revalidation decal."
Section 2. 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 (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
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"(a) As used in this Code section, the term 'prisoners of war' means those veterans of the armed forces of the United States who were discharged under honorable conditions and who were captured and held prisoner by forces hostile to the United States while serving in the armed forces of the United States in World War I, World War II, the Korean War, the Veitnam War, or during any period beginning August 5, 1962, and ending August 4,1964."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
SUPERIOR COURTS -- LAW CLERKS OR COURT ADMINISTRATORS.
Code Section 15-6-28 Amended.
No. 692 (House Bill No. 144).
AN ACT
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that the existing authority of each judicial circuit to employ a law clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator; 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 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-28, relating to
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employment of law clerks for judicial circuits, and inserting in its place a new Code section to read as follows:
"15-6-28. (a) The judge of each judicial circuit who is the chief judge of the circuit is authorized to employ either one law clerk or one court administrator for the circuit.
(b) Each law clerk or court administrator so employed shall be an employee of the judicial branch of the state government and shall be in the unclassified service of the State Merit System of Personnel Administration. The law clerk or court administrator shall be compensated in an amount as set forth by this Code section.
(c) An amount not to exceed $14,500.00 per annum for the salary of the law clerk or the court administrator as provided and fixed in this Code section 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, 1980, the maximum figure provided in this Code section for such salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration, provided that funds are appropriated to fund such increase.
(d) Any person to be employed as a law clerk must be a member of the State Bar of Georgia or must be eligible to take the State Bar examination and must possess such additional qualifications as shall be determined by the judge employing the law clerk.
(e) Each law clerk or court administrator shall serve at the pleasure of the judge employing the clerk or court administrator. Each law clerk or court administrator shall perform such duties and services as shall be prescribed by the judge.
(f) Any provision of law to the contrary notwithstanding, each county within this state is authorized to supplement the compensation of any law clerk or court administrator employed under this Code section.
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(g) Any person to be employed as a court administrator under this Code section shall possess such qualifications as shall be determined and prescribed by the judge employing the court administrator."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
FOREIGN CORPORATIONS -- INVESTIGATIONS BY THE SECRETARY OF STATE; SUBPOENAS; WITNESS FEES.
Code Section 14-2-394 Enacted.
No. 693 (House Bill No. 171).
AN ACT
To amend Article 17 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, pertaining to provisions relating to the Secretary of State, so as to provide for investigatory authority and subpoena power to the Secretary of State; to provide for the payment of fees and mileage for sheriffs, witnesses, or other persons; to provide for punishment for failure to obey a subpoena; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 17 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, pertaining to provisions relating to the Secretary of State, is amended by adding a new Code Section 14-2-394 immediately following Code Section 14-2-393 to read as follows:
"14-2-394. The Secretary of State, at his discretion:
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(1) (A) May make such public or private investigations with regard to foreign corporations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate the provisions of Code Sections 14-2-310 and 14-2-326 or any rule, regulation, or order under Code Sections 14-2-310 and 14-2-326 or to aid in the enforcement of Code Sections 14-2-310 and 14-2-326 or in the prescribing of rules and regulations hereunder; and
(B) May require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated.
(2) For the purpose of conducting any investigation with regard to foreign corporations as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized to issue a subpoena for any witness or subpoena for production of documentary evidence to compel the production of any books, records, or papers. Said subpoena may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(3) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior
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court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA RAIL PASSENGER AUTHORITY CREATED; MISSISSIPPI-LOUISIANA-ALABAMA- GEORGIA RAPID RAIL TRANSIT COMPACT APPROVED; GEORGIA RAIL
PASSENGER AUTHORITY OVERVIEW COMMITTEE CREATED.
Code Title 46, Chapter 9, Articles 9 and 10 Enacted. Code Title 28, Chapter 9 Enacted.
No. 694 (House Bill No. 172).
AN ACT
To amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to enact the "Georgia Rail Passenger Authority Law"; to create the Georgia Rail Passenger Authority; to provide the powers and duties of the authority, including the power to issue revenue bonds; to provide that the issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission; to define the area of operations of the authority within and without the State of Georgia; to declare the purpose of the authority to develop rail passenger services and other public transportation
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projects within the State of Georgia and nearby states; to provide for contractual relations between the authority and other federal and state governmental entities and private business firms; to authorize the State of Georgia to join a compact between certain other states for the purpose of studying the feasibility of establishing rapid rail transit service between the states; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the creation of the Georgia Rail Passenger Authority Overview Committee; to provide for its composition and duties; to provide for matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by adding at the end thereof new Articles 9 and 10 to read as follows:
"ARTICLE 9
46-9-27. This article shall be known and may be cited as the 'Georgia Rail Passenger Authority Law.'
46-9-271. There is created the Georgia Rail Passenger Authority for the purpose of construction, financing, operation, and development of rail passenger service and other public transportation projects within and without the State of Georgia.
46-9-272. As used in this article, the term:
(1) 'Authority' means the public body corporate and politic created pursuant to this article.
(2) 'Cost of the project' or 'cost of any project' means and shall include: All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modifi-
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cation, renovation, or rehabilitation incurred in connection with any project or any part of any project; all costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of an authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; all expenses for inspection of any project; all fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, trust indenture, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; all fees of any type charged by an authority in connection with any project; all expenses of or incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; administrative expenses of the authority and such other expenses as may be necessary or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such
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other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, trust indenture, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or obligations issued by the authority.
(3) 'Governing body' means the elected or duly appointed officials constituting the governing authority of the State of Georgia.
(4) 'Project' means the acquisition, construction, installation, operation, modification, renovation, or rehabilitation of any rail passenger facilities or any other public transportation facilities other than roads, either directly or through contract with another public or private agency. A project may also include any fixtures, machinery, or equipment used on, in, or in connection with any of the transportation facilities listed above. A project may be for any public passenger transportation purpose, provided that a majority of the members of the authority determines, by a resolution duly adopted, that the project will further the public purpose of this article.
(5) 'Revenue bonds' and 'bonds' means any bonds of an authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority.
(6) 'Service area' means the geographical area of operations of the authority and shall consist of the State of Georgia and, with the consent of the appropriate governing authorities thereof, nearby states.
46-9-273. The authority shall have all of the powers necessary, proper, or convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addi-
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tion to each other and other powers granted elsewhere in this article; and no such power limits or restricts any other power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:
(1) To sue and be sued;
(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and other instruments necessary, proper, or convenient to exercise the powers of the authority to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for operation of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects;
(4) To acquire by purchase, lease, condemnation, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character or any interest therein in furtherance of the public purpose of the authority;
(5) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is empowered to receive and accept and use;
(6) To borrow money to further or to carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to
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secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing;
(7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose;
(8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;
(9) To enter into agreements with the federal government or any agency or corporation thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority;
(10) To contract for any period not exceeding 50 years with the State of Georgia, state institutions, or any city, town, municipality, or county of the state or public or private corporation for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county or public or private corporation or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such political subdivisions with which the authority contracts are by law authorized to undertake;
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(11) To extend credit or make loans to any person, corporation, partnership, limited or general, or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(12) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivi-
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sion, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof;
(13) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this article;
(14) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(15) To use any real property, personal property, or fixtures or any interest therein; or to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof;
(16) To acquire, accept, or retain equitable interests, security interest, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(17) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(18) To encourage and promote by means of rail passenger transportation and other public transportation projects the improvement and advancement of the state and the enhancement and profitability of tourism to the state and its citizens;
made long-range plans or proposals for rail passenger transportation and other public transportation projects within the service area, in cooperation with those political subdivisions within which such projects are located;
(20) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws;
(21) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the public purpose of the authority; and
(22) To do all things necessary, proper, or convenient to carry out the powers conferred by this article.
46-9-274. (a) The authority shall be composed of 12 members appointed by the Governor. One member shall be appointed from and shall be a resident of each of the ten Georgia congressional districts and the remaining two members shall be appointed from the state at large. All members shall be appointed for terms of four years and until their successors are appointed and qualified. The Governor, in making appointments to the authority, shall consider obtaining reasonable representation thereon of persons from the tourism and hospitality industry, the manufacturing industry, the banking and finance industry, citizens and consumers, labor, and the transportation industry, but it is specifically provided that the appointments shall be at the discretion of the Governor. In the event of a vacancy on the authority, the Governor shall fill such vacancy for the unexpired term.
(b) If any member of the authority has any pecuniary interest in a project, the fact of such interest shall be disclosed by such member and recorded on the minutes of the authority. The member shall abstain from urging the approval of or voting on any project in which the member has a pecuniary interest.
(c) At its first meeting in each year, the members of the authority shall elect from among themselves a chairman
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and such other officers of the authority as may be required by the authority, for a term of one year.
46-9-275. Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authored by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective date, shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. The authority shall have power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this article. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which any authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of an authority.
46-9-276. (a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments
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executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this article, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this article.
(c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this article, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds.
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Validations of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued,
(e) All bonds issued by the authority under this article shall be issued and validated under and in accordance with the Revenue Bond Law, as heretofore and hereafter amended, except as provided in this article, provided that notes and other obligations of the authority may be, but shall not be required to be, so validated.
(f) Bonds issued by the authority may be in such form, either coupon or fully registered or both coupon and fully registered, and may be subject to exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or that, in the event the bonds are to bear different rates of interest for different maturity dates, that note of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to
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time so specified; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(i) The terms 'cost of the project' or 'cost of any project' shall have the meaning prescribed in this article whenever referred to in bond resolutions of the authority, in bonds, notes, or other obligations of the authority, or in notices or proceedings to validate such bonds, notes, or other obligations of the authority.
(j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
46-9-277. The implementation of rail passenger service and public transportation projects within the State of Georgia develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a climate favorable to the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the State of Georgia. Implementation of rail passenger service and public transportation projects within this state under the article will develop and promote, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and will promote the general welfare of the state. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this article to so develop public transportation projects within this state. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this article unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
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46-9-278. The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this article shall be necessary to the performance of any act authorized by this article, nor shall any such act be subject to referendum.
46-9-279. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision.
46-9-280. The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the state, that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the powers conferred upon it by this article, and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes,
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and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
46-9-281. This article shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law.
ARTICLE 10
46-9-300. The Governor, on behalf of this state, is authorized to execute a compact in substantially the following form with the States of Louisiana, Mississippi, and Alabama and the General Assembly, by this article, signifies in advance its approval of such compact, which compact is as follows:
MISSISSIPPI-LOUISIANA-ALABAMA-GEORGIA RAPID RAIL TRANSIT COMPACT
ARTICLE I
The purpose of this compact is to study the feasibility of rapid rail transit service between the States of Mississippi, Louisiana, Alabama, and Georgia and to establish a joint interstate commission to assist in this effort.
ARTICLE II
This compact shall become effective immediately as to the states ratifying it whenever the States of Mississippi, Louisiana, Alabama, and Georgia have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.
ARTICLE III
The states which are parties to this compact, (referred to in this compact as 'party states') do hereby establish and create a joint agency which shall be known as the Mississippi-Louisiana-Alabama-Georgia Rapid Rail Transit Commission (referred to in this compact as the 'commission').
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The membership of such commission shall consist of the governor of each party state, one representative each from the Mississippi Energy and Transportation Board, or its successor, the Office of Aviation and Public Transportation of the Louisiana Department of Transportation and Development, or its successor, the Alabama Department of Energy, or its successor, and the Georgia State Board of Transportation, or its successor, and five other citizens of each party state, to be appointed by the governor thereof. The appointive members of the commission shall serve for terms of four years each. Vacancies on the commission shall be filled by appointment by the governor for the unexpired portion of the term. The members of the commission shall not be compensated for service on the commission, but each of the appointed members shall be entitled to actual and reasonable expenses incurred in attending meetings, or incurred otherwise in the performance of duties as a member of the commission. The members of the commission shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The commission shall adopt rules and regulations for the transaction of its business and a record shall be kept of all its business. It shall be the duty of the commission to study the feasibility of providing interstate rapid rail transit service between the party states. Toward this end, the commission shall have power to hold hearings; to conduct studies and surveys of all problems, benefits and other matters associated with such service, and to make reports thereon; to acquire, by gift, grant or otherwise, from local, state, federal or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local, state, regional or national, having an interest in such service; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties and to carry out the purposes of this compact.
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ARTICLE IV
Each party state argues that its legislature may, in its discretion from time to time make available and pay over to the commission funds for the establishment and operation of the commission. The contribution of each party state shall be in equal amounts, if possible, but nothing in this article shall be construed as binding the legislature of either state to make an appropriation of a set amount of funds at any particular time.
ARTICLE V
Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.
ARTICLE VI
This compact shall continue in force and remain binding upon each party state until the legislature or governor of each or any state takes action to withdraw therefrom. However, any such withdrawal shall not become effective until six months after the date of the action taken by the legislature or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.
There is granted to the governor, to the members of the commission for Mississippi, Louisiana, Alabama, and Georgia, and to the compact administrator all the powers provided for in the compact and in this section. All officers of the State of Georgia are authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of the compact."
Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding at the end thereof a new Chapter 9 to read as follows:
"CHAPTER 9
28-9-1. (a) The Georgia Rail Passenger Authority Overview Committee is created. The committee shall consist
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of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. The first members of the committee shall be appointed by not later than July 1, 1985. Thereafter, their successors shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly.
(b) The Speaker of the House of Representatives shall designate one of the members appointed by the Speaker as chairman of the committee. The President of the Senate shall designate one of the members appointed by the President of the Senate as vice-chairman of the committee. The members designated as chairman and vice-chairman shall serve for terms as such officers concurrent with their terms as members of the committee. Other than the chairman and vice-chairman provided for in this subsection, the committee shall provide for its own organization.
28-9-2. The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of the Georgia Rail Passenger Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.
28-9-3. The state auditor and the Attorney General shall make available to the committee the services of its staff, facilities, and powers in order to assist the committee in the discharge of its duties. The committee may employ staff and secure the services of independent accountants, engineers, and consultants, provided that both the employment and the amount of compensation to be received by such personnel is authorized by a joint resolution of the General Assembly. Upon authorization by joint resolution of the General Assembly, the committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties.
28-9-4. The Georgia Rail Passenger Authority shall cooperate with the committee, its authorized personnel, the
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Attorney General, and the state auditor in order that the committee may efficiently and effectively carry out its duties. The Georgia Rail Passenger Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Georgia Rail Passenger Authority.
28-9-5. In the discharge of its duties, the committee shall evaluate the performance of the Georgia Rail Passenger Authority in providing rail passenger service consistent with the following criteria:
(1) Public safety;
(2) Prudent, legal, and accountable expenditure of public funds;
(3) Responsiveness to the needs for rail passenger services;
(4) Economic vitality of the rail passenger system and economic benefits to the state;
(5) Efficient operation; and
(6) Impact on the environment.
28-9-6. The members of the committee shall receive the same expenses and allowances for their services on the committee as is authorized by law for members of interim legislative study committees.
28-9-7. Nothing in this chapter shall be construed to relieve the Georgia Rail Passenger Authority of the responsibilities imposed upon it under Article 9 of Chapter 9 of Title 46 of this Code."
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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
CORPORATIONS -- RIGHTS OR OPTIONS; PREEMPTIVE RIGHTS; PREFERRED SHARES; SHAREHOLDER CONSENT;
NOTICE OF DISSENTERS' RIGHTS; NUMBER OF DIRECTORS.
Code Title 14, Chapter 2 Amended.
No. 695 (House Bill No. 174).
AN ACT
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to delete the requirement of prior shareholder approval for the issuance of rights or options to purchase shares to directors, officers, or employees of a corporation; to restate the exception to preemptive rights for such rights or options that receive shareholder approval; to provide that the statutory procedure for the redemption, surrender, cancellation, or payment of preferred shares and other securities shall not be the exclusive procedure therefor; to allow actions by shareholders by less than unanimous written consent if so provided in the articles of incorporation; to provide that notice of dissenters' rights need be given only in situations in which shareholders are entitled to exercise such rights; to change the requirements for having fewer than three directors; to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties; to repeal conflicting laws; and for other purposes.
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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 subsection (c) of Code Section 14-2-86, relating to rights and options to purchase shares issued to directors, officers, or employees, which reads as follows:
"(c) If such rights or options are to be issued to directors, officers, or employees, as such, of the corporation or of any subsidiary thereof or to a trustee on behalf of such directors, officers, or employees and not to the shareholders generally, their issuance shall be approved or ratified by the affirmative vote of the holders of a majority of the shares entitled to vote thereon or shall be authorized by and consistent with a plan theretofore approved or ratified by such a vote of shareholders and set forth or incorporated by reference in the instrument evidencing each such right or option.",
in its entirety and redesignating subsection (d) as subsection (c).
Section 2. Said chapter is further amended by striking Code Section 14-2-98, relating to the effect of failure to present securities for redemption, surrender, cancellation, or payment when properly called for, in its entirety and substituting in lieu thereof a new Code Section 14-2-98 to read as follows:
"14-2-98. (a) When a corporation has duly and properly called for redemption, surrender, cancellation, or payment of any shares or other securities subject to such call and the registered holder of such shares or other securities has been mailed notice of such call at his last address as it appears on the records of the corporation but fails, within 60 days of the effective date of such call or such longer time as may be specified in the notice of such call, to present the certificates representing his shares or other securities for such redemption, surrender, cancellation, or payment as provided in the call, then the corporation may transfer to a trustee, for the benefit of such registered holder or his successors in title, the money or other property distributable upon such redemption, surrender, cancellation, or payment;
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and thereupon the shares or other securities shall be deemed as of the effective date of such call to have been redeemed, surrendered, canceled, or paid and no longer outstanding. In order for such transfer to the trustee to be effective for such purpose, the corporation must have adopted a plan therefor prior to the call and must have mailed notice to the registered holder of the details of such plan, including the name and address of the trustee, at the time of the mailing of the notice of the call. The registered holder for whom such transfer in trust is made, or his successors in title, shall have only the right to obtain such money or other property from the trustee upon surrender to the trustee of the certificates representing the shares or other securities involved; but, if same are not surrendered within six years from the date of such transfer to the trustee, the money or other property being held by the trustee shall be distributed to the persons and in the manner provided in the plan theretofore adopted or shall be distributed to and become the property of the Board of Regents of the University System of Georgia to be used for educational purposes, in the event no such plan for distribution has been adopted or in the event such plan is held to be invalid. The trustee appointed under this Code section must be a bank or trust company located in the State of Georgia.
(b) The procedures specified in subsection (a) of this Code section shall not be exclusive of other procedures, not otherwise inconsistent with law, specified in the articles of incorporation, or in the resolution of the board of directors establishing and designating a series of preferred shares and fixing and determining the relative rights and preferences thereof, or in the resolution of the shareholders fixing and determining the relative rights and preferences of a series of preferred shares, or in the instruments governing any other securities, with respect to the redemption, surrender, cancellation, or payment of any such shares or other securities, and, upon compliance by a corporation with any such procedures, such shares or other securities shall be deemed as of the date provided in such procedures to have been redeemed, surrendered, canceled, or paid and no longer to be outstanding, regardless of whether the holders thereof shall have presented the certificates representing such shares or other securities for such redemption, surrender, cancellation, or payment."
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Section 3. Said chapter is further amended by striking subsection (d) of Code Section 14-2-111, relating to preemptive rights, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Unless otherwise provided by the articles of incorporation, there shall be no preemptive right with respect to:
(1) Shares issued as a share dividend;
(2) Fractional shares;
(3) Shares issued for consideration, other than cash, deemed by the board of directors in good faith to be advantageous to the corporation's business;
(4) Shares issued to effect a merger or consolidation;
(5) Shares authorized in the corporation's original articles of incorporation and issued or sold within one year of the effective date of the articles of incorporation;
(6) Shares issued under a plan of reorganization approved in a proceeding under any applicable act of Congress relating to the reorganization of corporations;
(7) Shares issued or sold, and subject to rights or options issued to, directors, officers, or employees of the corporation or of any subsidiary of such corporation for such consideration and upon such terms and conditions as shall be approved or ratified by the affirmative vote of the holders of a majority of the shares entitled to vote thereon;
(8) Shares released by waiver from their preemptive right by the affirmative vote or written consent of the holders of two-thirds of the shares of the class to be issued. Any such vote or consent shall be binding on all shareholders and their transferees for the time specified in such vote or consent up to but not exceeding one year from the date thereof and shall protect the corporation, its management, and all persons who may within such time acquire the shares so released; or
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(9) Shares which have been offered to shareholders to satisfy their preemptive rights but not purchased by them within the prescribed time and which are thereafter issued or sold to any other person or persons at a price not less than the price at which they were offered to such shareholders."
Section 4. Said chapter is further amended by striking subsection (d) of Code Section 14-2-112, relating to action of shareholders by written consent, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Any action required by this chapter to be taken at a meeting of the shareholders of a corporation or any action which may be taken at a meeting of the shareholders may be taken without a meeting if written consent, setting forth the action so taken, shall be signed by (1) persons who would be entitled to vote at a meeting all of the shares entitled to be voted with respect to the subject matter thereof, or (2) if so provided in the articles of incorporation, by persons who would be entitled to vote at a meeting those shares having voting power to cast not less than the minimum number (or numbers, in the case of voting by classes) of votes that would be necessary to authorize or take such action at a meeting at which all shares entitled to vote were present and voted, provided that action by less than unanimous written consent may not be taken with respect to any election of directors as to which shareholders would be entitled to cumulative voting. Notice shall be given within ten days of the taking of corporate action without a meeting by less than unanimous written consent to those shareholders on the record date whose shares were not represented on the written consent. For purposes of written consent by the shareholders, the record date shall be the date when the consent is first executed and action shall be deemed taken when executed by the last necessary signature. A written consent executed pursuant to this Code section shall have the same force and effect as a vote at a meeting of the shares represented on the executed consent and may be stated as such in any articles or document filed with the Secretary of State under this chapter, provided that such articles or document shall also state, if applicable, that the notice or other information required by this Code section has been
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given. No consent shall be effective as approval of a plan of merger or plan of consolidation pursuant to Code Section 14-2-212 unless:
(1) Prior to the execution of the consent, the shareholders shall have been given:
(A) If such shareholders would be entitled to exercise rights pursuant to Code Sections 14-2-250 and 14-2-251, a clear and concise statement that, if the plan of merger or consolidation is effected, the shareholders dissenting therefrom are entitled, if they file a written objection to such plan before the vote of the shareholders is taken thereon and comply with the further provisions of Code Section 14-2-251 regarding the rights of dissenting shareholders, to be paid the fair value of their shares;
(B) A copy of the plan of merger or consolidation or an outline of the material features of the plan; and
(C) A copy of the most recent annual balance sheet and annual profit and loss statement of each of the merging or consolidating corporations and of each other corporation, securities of which are to be delivered pursuant to the plan of merger or consolidation; or
(2) The written consent itself conspicuously and specifically states that waiver of the right to receive such information is expressly made."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 14-2-141, relating to the number of directors of a corporation, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The number of directors of a corporation shall not be less than three, except that if all the shares of a corporation are owned of record by less than three shareholders, the number of directors may be less than three but not less than the number of shareholders; provided, however, that
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if at least a majority of the outstanding shares of capital stock of the corporation having the power to vote for the election of directors is owned of record by one shareholder, the board of directors may consist of only one director. The number of directors shall be fixed by the bylaws, except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation. The bylaws may authorize the number of directors to vary between a specified maximum and minimum number, and in such case the exact number within such maximum and minimum shall be fixed by resolution of the shareholders from time to time."
Section 6. Said chapter is further amended by striking Code Section 14-2-152, relating to the standard of care for directors and officers in discharge of duties and reliance upon information, in its entirety and substituting in lieu thereof a new Code Section 14-2-152 to read as follows:
"14-2-152. Directors and officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care, and skill which ordinarily prudent persons would exercise under similar circumstances in like positions. In performing their duties, directors and officers shall be entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by:
(1) One or more officers or employees of the corporation whom the director or officer reasonably believes to be reliable and competent in the matters presented;
(2) Counsel, public accountants, investment bankers, or other persons as to matters which the director or officer reasonably believes to be within such person's professional or expert competence; or
(3) With respect to a director, a committee of the board upon which he does not serve, duly designated in accordance with a provision of the articles of incorporation or the bylaws, as to matters within its designated authority, which committee the director reasonably believes to merit confidence
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but shall not be considered to be acting in good faith if he has knowledge concerning the matter in question that would cause such reliance to be unwarranted."
Section 7. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 14-2-212, relating to approval of plan of merger or consolidation, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) If such shareholders would be entitled to exercise rights under Code Sections 14-2-250 and 14-2-251, the notice shall contain a clear and concise statement that, if the plan of merger or consolidation is effected, shareholders dissenting therefrom are entitled, if they file a written objection to such plan before the vote of the shareholders is taken thereon and comply with the further provisions of Code Section 14-2-251 regarding the rights of dissenting shareholders, to be paid the fair value of their shares. A copy of the plan of merger or consolidation or an outline of the material features of the plan, together with a copy of the most recent annual balance sheet and annual profit and loss statement of each of the merging or consolidating corporations and of each other corporation, securities of which are to be delivered pursuant to the plan of merger or consolidation, shall accompany such notice."
Section 8. Said chapter is further amended by striking paragraph (2) of Code Section 14-2-231, relating to sale, lease, exchange, or other disposition of corporate property requiring shareholder approval, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) If such shareholders would be entitled to exercise rights under Code Sections 14-2-250 and 14-2-251, written notice shall be given to each shareholder of record, whether or not entitled to vote at such meeting, not less than 20 days before such meeting, in the manner provided in Code Section 14-2-113 for the giving of notice of meetings of shareholders, and, whether the meeting is an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed sale, lease, exchange, or other disposition. The notice shall fairly summarize the material
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features of the proposed transaction and shall contain a clear and concise statement that, if the sale, lease, exchange, or other disposition is effected, shareholders dissenting therefrom are entitled, if they file a written objection to such transaction before the vote of the shareholders is taken thereon and comply with the further provisions of Code Section 14-2-251 regarding the rights of dissenting shareholders, to be paid the fair value of their shares;".
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
OBSCENE, LEWD, OR INDECENT TELEPHONE COMMUNICATIONS; PENALTIES; INJUNCTIONS.
Code Section 46-5-22 Enacted.
No. 696 (House Bill No. 177).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to prohibit any person by means of a telephone communication for commercial purposes from making, directly or by means of an electronic recording device, any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent; to provide for coverage of such provision; to prohibit any person from permitting knowingly any telephone or telephone facility connected to a local exchange telephone under such person's control from being used for such purposes; to provide for criminal penalties; to provide for preliminary injunctions; to provide for denial of certain requests for use of a local exchange telephone company's facilities; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone service, is amended by adding a new Code section immediately following Code Section 46-5-21, to be designated Code Section 46-5-22, to read as follows:
"46-5-22. (a) It shall be unlawful for any person, by means of a telephone communication for commercial purposes, to make directly or by means of an electronic recording device, any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent. Any person who makes any such comment, request, suggestion, or proposal may be subject to prosecution under this Code section regardless of whether such person placed or initiated the telephone call.
(b) It shall be unlawful for any person to permit knowingly any telephone or telephone facility connected to a local exchange telephone under such person's control to be used for any purpose prohibited by this Code section.
(c) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. For purposes of this subsection, each day of a violation shall constitute a separate offense.
(d) A court may grant a preliminary injunction under this Code section after due notice to the party to be enjoined and upon a sufficient showing of the likelihood of ultimate success in a prosecution under this Code section and showing that such injunction would be in the public interest. Such injunction shall be dissolved by the court if a full trial on the merits is not scheduled within such period as may be specified by the court not to exceed 30 days.
(e) In the event that a person applies to a local exchange telephone company for use of the local exchange telephone company's facilities for the purpose of transmitting a recorded commercial message, the local exchange telephone company shall have the authority to review the message
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and deny the applicant's request for facilities if the message appears to violate the provisions of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
APPEAL AND ERROR -- NEW TRIALS; ORDERS.
Code Section 5-5-51 Enacted.
No. 697 (House Bill No. 183).
AN ACT
To amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures for the grant of a new trial, so as to require in civil cases that, if a grant of a new trial is based on the exercise of a judge's discretion, the order shall articulate the reason or reasons for the exercise of such discretion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures for the grant of a new trial, is amended by adding at the end thereof a new Code section, to be designated as Code Section 5-5-51, to read as follows:
"5-5-51. In all civil cases in which a new trial is granted, if the grant of a new trial is based on the discretion of the judge, the judge shall set forth by written order the reason or reasons for the exercise of his discretion. Such order shall
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not be required to conform to the provisions of Code Section 9-11-52, relating to findings by the court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
JUVENILE COURTS -- SHELTER CARE; INFORMAL DETENTION HEARINGS.
Code Sections 15-11-2, 15-11-20, and 15-11-21 Amended.
No. 698 (House Bill No. 185).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to define a certain term; to change the provisions relating to placement of children alleged to be delinquent, unruly, or deprived; to clarify when an informal detention hearing must be held regarding a child who is alleged to be delinquent, unruly, or deprived; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding between paragraphs (10) and (11) of Code Section 15-11-2, relating to definitions under Chapter 11, a new paragraph (10.1) to read as follows:
"(10.1) 'Shelter care' means:
(A) A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or
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(B) A facility operated by a licensed child welfare agency."
Section 2. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;".
Section 3. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court."
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-11-21, relating to the release of juveniles where detention is not warranted, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care to determine whether his detention or shelter care is required under Code Section 15-11-18, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.
(2) If a child alleged to be unruly is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care as provided in subsection (e) of Code Section 15-11-20.
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(3) If a child alleged to be deprived is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in shelter care as provided in subsection (f) of Code Section 15-1120, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.
(4) Reasonable notice of the hearing specified in this subsection, either oral or written, stating the time, place, and purpose of the detention hearing, shall be given to the child and, if they can be found, to his parents, guardian, or other custodian. In the event the child's parents, guardian, or other custodian cannot be found, the court shall forthwith appoint a guardian ad litem. Prior to the commencement of the hearing, the court shall inform the parties of their right to counsel and to appointed counsel if they are indigent persons and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct."
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 10, 1985.
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ELECTIONS -- RUN-OFF PRIMARIES; POLLING PLACES. Code Section 21-2-270 Enacted. No. 699 (House Bill No. 188). AN ACT
To amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the runoff primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of that political party; to provide that said single polling place shall be the polling place for the precinct wherein the county courthouse is located and that all other polling places shall be closed; to provide for notice to the public of the fact that only said single polling place shall be open at the run-off primary; to provide that if the superintendent determines that a single polling place is insufficient, all polling places shall be open; 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 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, is amended by adding a new Code Section 21-2270 to read as follows:
"21-2-270. (a) This Code section shall apply to a runoff primary held in a county where:
(1) No run-off primary is to be held for nomination of any candidate who is nominated at a nonpartisan primary;
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(2) A run-off primary is to be held for nomination of one or more candidates who are nominated by one political party for election to the United States House of Representatives or to an office elected by the voters of the entire state; and no run-off primary is to be held for any candidate who is nominated by any other political party or any candidate who is nominated for election other than to the United States House of Representatives or to an office elected other than by the voters of the entire state; and
(3) Fewer than 1 percent of the county's registered voters voted at the primary of the political party by which a candidate or candidates are to be nominated at the run-off primary.
(b) In any case to which this Code section applies, only one polling place shall be required to be open in the county at the run-off primary; and such polling place shall be the polling place for the precinct wherein the county courthouse is located. Any voter who is otherwise eligible to vote in such run-off primary shall be entitled to vote in said runoff primary at said single polling place. If the superintendent determines that a single polling place is insufficient, all polling places within the county shall be open.
(c) In any case in which only one polling place is to be utilized pursuant to this Code section, the superintendent shall cause an advertisement to be published once a week for two weeks immediately preceding the run-off primary. Such advertisement shall be in substantially the following form:
'At the run-off primary to be held in
County
on (date) for the nomination of candidates of the
Party, only one polling place shall be open and
such polling place will be located at
Any voter
who desires to vote in such run-off primary must vote
at said polling place and no other polling places will
be open for the run-off primary.'
(d) The superintendent shall also cause a copy of such notice to be prominently posted at each polling place in the
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county on the date of the run-off primary and on each of the 14 days immediately preceding the date of the run-off primary. The superintendent shall also request the news media to provide news coverage of the fact that all persons desiring to vote at the run-off primary must vote at said single polling place."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
ELECTIONS -- LIBRARIANS SERVING AS DEPUTY REGISTRARS.
Code Sections 21-2-212, 21-2-218, 21-3-120, and 21-3-123 Amended.
No. 700 (House Bill No. 190).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that librarians of municipal and county public libraries in this state shall be authorized to choose to serve as deputies to county and municipal boards of registrars for the purpose of taking applications for registration and registering qualified applicants as electors; to provide for the designation of municipal and county public libraries as places for receiving applications for registration and registering electors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding at the end of Code Section 21-2-212, relating to power of county registrars to appoint deputy registrars and relating to other deputy registrars, a new subsection (d) to read as follows:
"(d) Each librarian of every municipal or county public library in this state shall be authorized to act as a deputy to the board of registrars for the purpose of taking applications for registration and registering qualified applicants as electors. Any librarian who elects to serve as a deputy registrar shall so notify the board of registrars in writing. Code Section 21-2-213 shall not apply to a librarian who serves as a deputy registrar by virtue of this Code section."
Section 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-218, relating to location of main office of board of registrars and registration of electors at other designated locations, and inserting in lieu thereof a new subsection (b) to read as follows:
"(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 every municipal and county public library wherein a librarian has elected to serve as a deputy registrar and other fixed places throughout the county as would be reasonably necessary to receive applications for registration and for the registration 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 re-
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moved 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."
Section 3. Said title is further amended by striking in its entirety subsection (e) of Code Section 21-3-120, relating to appointment of municipal registrars and deputy registrars and relating to other deputy registrars, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) 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 principal's or director's 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 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.
(2) Each librarian of every municipal public library or county public library located within the corporate limits of a municipality shall be authorized to act as a registrar for the purpose of taking applications for registration and registering qualified applicants as electors for municipal elections. A librarian who elects to serve as a deputy registrar shall so notify the chief registrar in writing."
Section 4. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to regis-
GEORGIA LAWS 1985 SESSION
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tration duties of county registrar in municipalities using county registration system and relating to registration of municipal electors, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the city clerk; and such office shall be deemed the main office of the board of registrars. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The governing authority, in addition to the main office, shall designate every municipal public library and county public library which is located within the corporate limits of the municipality and in which a librarian has elected to serve as a deputy registrar and may designate other fixed places to be used for the purpose of receiving applications for registration and for the registration of electors."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
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PROPERTY -- LIENS OF REGISTERED FORESTERS. Code Title 44, Chapter 14, Article 8 Amended. No. 701 (House Bill No. 191). AN ACT
To amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens on property, so as to provide that registered foresters shall have a special lien on real estate for which they furnish services; to define certain terms; to change the provisions relating to how liens are created in order to include registered foresters; to change the provisions relating to the preliminary notice of lien in order to include registered foresters; to provide for the rights as to liens of partnerships, corporations, and associations made up of or employing registered foresters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens on property, is amended by striking Code Section 44-14-360 in its entirety and inserting in lieu thereof a new Code Section 44-14-360 to read as follows:
"44-14-360. As used in this part, the term:
(1) 'Contractor' means a contractor having privity of contract with the owner of the real estate.
(2) 'Land surveyor' means the same as the definition thereof in Code Section 43-15-2.
(3) 'Materials,' in addition to including those items for which liens are already permitted under this part, means tools, appliances, machinery, or equipment used in making improvements to the real estate, to the extent of the reasonable rental value of such tools, appliances, machinery, or equipment.
(4) 'Materialmen' means all persons furnishing the materials, tools, appliances, machinery, or equipment in-
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eluded in the definition of materials in paragraph (3) of this Code section.
(5) 'Professional engineer' means the same as the definition thereof in Code Section 43-15-2.
(6) 'Registered forester' means the same as the definition of such term in Code Section 12-6-41.
(7) 'Registered land surveyors' and 'registered professional engineers' means land surveyors or professional engineers who are registered as land surveyors or professional engineers under Chapter 15 of Title 43 at the time of performing, rendering, or furnishing services protected under this part.
(8) 'Residential property' means single-family and two-family, three-family, and four-family residential real estate.
(9) 'Subcontractor' means, but is not limited to, subcontractors having privity of contract with the contractor."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 44-14-361, relating to creation of liens and property to which lien attaches, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:
(1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers;
(2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate;
(3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate;
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(4) All registered foresters performing or furnishing services on or with respect to any real estate;
(5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate;
(6) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories;
(7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; and
(8) All contractors to build railroads."
Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 44-14-361.1, relating to how liens declared and created, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable:
(1) A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving; for architectural services furnished; for registered forester services furnished or performed; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up;
(2) The filing for record of his claim of lien within three months after the completion of the work, the fur-
GEORGIA LAWS 1985 SESSION
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nishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in substance as follows:
'A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material (or whatever the claim may be).'
(3) The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, at the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice.
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A separate lis pendens notice need not be filed with the commencement of this action; and
(4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved."
Section 4. Said article is further amended by striking Code Section 44-14-361.3 in its entirety and inserting in lieu thereof a new Code Section 44-14-361.3 to read as follows:
GEORGIA LAWS 1985 SESSION
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"44-14-361.3. (a) Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361 may at such person's option file a preliminary notice of lien rights. The preliminary notice of lien rights in order to be effective shall:
(1) Be filed with the clerk of superior court of the county in which the real estate is located within 30 days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed;
(2) State the name, address, and telephone number of the potential lien claimant;
(3) State the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished;
(4) State the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and
(5) Include a general description of the labor, services, or materials furnished or to be furnished.
(b) A party filing a preliminary notice of lien rights except a contractor shall, within seven days of filing the notice, send by registered or certified mail a copy of the notice to the contractor on the property named in the notice or to the owner of the property. The lien claimant may rely on the building permit issued on the property for the name of the contractor.
(c) The clerk of each superior court shall maintain within the records of that office a record separate from all other real estate records in which preliminary notices specified in subsection (a) of this Code section and affidavits specified in subsection (c) of Code Section 44-14-361.4 shall be filed. Each such notice and affidavit shall be indexed under the name of the owner as contained in the preliminary notice. The clerk shall collect a filing fee of $5.00 for the filing of each preliminary notice.
(d) A person having a lien under paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361 may enforce the lien without filing a preliminary notice of lien."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Said article is further amended by striking Code Section 44-14-365 in its entirety and inserting in lieu thereof a new Code Section 44-14-365 to read as follows:
"44-14-365. If services are performed or furnished with respect to any real estate by any registered architect, registered forester, registered land surveyor, or registered professional engineer who is a member of a partnership or who is an agent or employee of a corporation or an association and the contract for the services is made for or on behalf of the owner with the partnership or corporation or association, the partnership, corporation, or association shall be entitled to all the privileges and benefits of Code Sections 44-14-361 and 44-14-362, just as if the partnership, corporation, or association was a registered architect, a registered forester, a registered professional engineer, or a registered land surveyor."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
ELECTIONS -- CAMPAIGN LITERATURE; CONTENTS; COSTS; CONTRIBUTIONS.
Code Sections 21-2-415 and 21-3-322 Amended.
No. 702 (House Bill No. 194).
AN ACT
To amend Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the preparation and conduct of primaries and elections, and to amend Article 11 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the conduct and preparation of municipal primaries
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and elections, so as to prohibit a candidate from contributing funds to defray the cost or a portion of the cost of certain campaign literature unless the literature clearly states that the cost of a portion thereof has been paid for by the candidate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the preparation and conduct of primaries and elections, is amended by striking subsection (a) of Code Section 21-2-415, relating to requirements as to identification of literature distributed in connection with a campaign for public office, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this subsection when an organization rather than a natural person commits any of the above acts, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate, shall be considered as in compliance with this subsection."
Section 2. Article 11 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the preparation and conduct of municipal primaries and elections, is amended by striking subsection (a) of Code Section 21-3-322, relating to requirements as to identification of literature which is distributed in
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connection with a campaign for public office, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall distribute, circulate, disseminate, publish, or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question, unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this Code section, when an organization rather than a natural person commits any of the above acts, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate, shall be considered as in compliance with this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
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GEORGIA FISCAL NOTE ACT -- RETIREMENT BILLS. Code Sections 28-5-41 and 28-5-43 Repealed. Code Section 28-5-42 Amended. No. 703 (House Bill No. 228). AN ACT
To amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, known as the "Georgia Fiscal Note Act," so as to delete from said article the provisions thereof dealing with retirement bills; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, known as the "Georgia Fiscal Note Act," is amended by repealing Code Section 28-5-41, relating to the definition of retirement bills, which reads as follows:
"28-5-41. As used in this article, the term 'retirement bill' means any bill relative to any retirement, pension, or emeritus system or any other similar system by whatever name called, whether such system provides for membership therein for state, county, municipal, or any other political subdivision officials or employees or any other persons.",
in its entirety and substituting in lieu of said repealed Code section the following:
"28-5-41. Reserved."
Section 2. Said article is further amended by striking subsection (a) of Code Section 28-5-42, relating to time limits for the introduction of certain bills, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any bill having a significant impact on the anticipated revenue or expenditure level of any state department,
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bureau, board, council, committee, commission, or other state agency must be introduced no later than the twentieth day of any session. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must be introduced no later than the twentieth day of any session. This article shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Code Section 28-1-14, relating to the advertisement of local legislation."
Section 3. Said article is further amended by striking subsection (d) of Code Section 28-5-42, relating to time limits for the introduction of certain bills, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) The fiscal note required by subsection (c) of this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The chairman shall make such request after such bill is referred to his committee; and the request shall be complied with by the director of the Office of Planning and Budget and the state auditor within five days after receipt of such request. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of
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Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation, they shall so inform the chairman in writing and shall be allowed to submit said note not later than ten days after the request for it is made."
Section 4. Said article is further amended by repealing Code Section 28-5-43, relating to fiscal notes on retirement bills, which reads as follows:
"28-5-43. (a) With regard to retirement bills, the fiscal notes required by Code Section 28-5-42 shall include a statement expressing an opinion advising whether or not there is sufficient information available to the person submitting such fiscal note to submit an accurate and complete fiscal note as required by Code Section 28-5-42 and whether or not an actuarial investigation is required to develop such information. In the event an opinion is submitted advising that an actuarial investigation will be required before a complete cost estimate can be determined, a majority of a quorum of the committee to which the bill is assigned may direct the state auditor to determine the cost to complete, or to have completed, the necessary actuarial investigation. After the state auditor has determined such cost and reported the cost to the committee, a majority of a quorum of the committee may direct the state auditor to contract for such actuarial investigation within ten days after he has been given notification of such vote.
(b) When an actuarial investigation is directed pursuant to subsection (a) of this Code section and the bill affects a state-supported retirement, pension, or emeritus system or any such system created by general law, except general laws of local application by population classification, then the cost of such actuarial investigation shall be paid from funds appropriated or otherwise available to the legislative branch of the state government; and the legislative fiscal officer is authorized to expend legislative funds for such purpose. When an actuarial investigation is directed pursuant to subsection (a) of this Code section and the bill affects a local retirement, pension, or emeritus system or any such system created by local law or by general law of local application by population classification, then the committee to
1334
GENERAL ACTS AND RESOLUTIONS, VOL. I
which the bill is assigned may direct the state auditor to notify the board of trustees of such system or the local governing authority whose employees are covered by such system that it will take no further action on the bill until an actuarial investigation has been conducted and attached to the bill.",
in its entirety and substituting in lieu of said repealed Code section the following:
"28-5-43. Reserved."
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 10, 1985.
RETIREMENT AND PENSIONS -- GENERAL ASSEMBLY SERVICE; GEORGIA LEGISLATIVE RETIREMENT SYSTEM;
EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA.
Code Section 47-1-9 Enacted.
No. 704 (House Bill No. 252).
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 by members holding office on a certain date may be counted as creditable service only for the purposes of the Georgia Legislative Retirement System; to provide for certain
GEORGIA LAWS 1985 SESSION
1335
exceptions; to provide requirements relative to the members of the General Assembly who are members of the Employees' Retirement System of Georgia; to provide that a person becoming a member of the General Assembly after a certain date may obtain creditable service as a member of the General Assembly only for the purposes of the Georgia Legislative Retirement System; to authorize withdrawal of membership from the Georgia Legislative Retirement System; to provide for other matters relative to the foregoing; to provide the authority for this Act; to provide that this Act is exempt from the provisions of a certain law; to provide effective dates; 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 47-1-9 to read as follows:
"47-1-9. (a) Except as provided by subsection (b) of this Code section, any member of the General Assembly holding office on January 1, 1986, may obtain creditable service for membership in the General Assembly obtained on and after that date only for the purposes of the Georgia Legislative Retirement System, and no service as a member of the General Assembly which is obtained after December 31, 1985, by any such member shall be creditable or used as creditable service for the purposes of any other public retirement or pension system of this state.
(b) (1) Subject to the limitations of paragraph (2) of this subsection, the provisions of subsection (a) of this Code section shall not apply to any member of the General Assembly holding office on January 1, 1986, who:
(A) Was a member of the Employees' Retirement System of Georgia on that date; and
(B) Received annual compensation as a member and officer of the General Assembly during calendar year 1985, on which employee contributions to the
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Employees' Retirement System of Georgia were based, exceeding the average annual compensation of all members of the Employees' Retirement System of Georgia for calendar year 1985.
(2) Any member of the General Assembly subject to the provisions of paragraph (1) of this subsection who continues to receive annual compensation on and after January 1, 1986, as a member and officer of the General Assembly exceeding the average annual compensation of all members of the Employees' Retirement System of Georgia may continue membership in said retirement system. If during any calendar year the annual compensation of any such member of the General Assembly is equal to or less than the average annual compensation of all members of the Employees' Retirement System of Georgia for that calendar year, then on the first day of January immediately following such calendar year such member of the General Assembly shall be subject to the provisions of subsection (c) of this Code section, and for the purposes of this paragraph, any reference in said subsection (c) to January 1, 1986, shall mean the first day of January immediately following such calendar year.
(c) (1) Any member of the General Assembly holding office on January 1, 1986, who was a member of the Employees' Retirement System of Georgia on that date and who is not subject to the provisions of subsection (b) of this Code section may:
(A) Cease to be an active contributing member of the Employees' Retirement System of Georgia effective on January 1,1986, and retain all rights existing on that date under the Employees' Retirement System of Georgia by not withdrawing employee contributions from said retirement system;
(B) Withdraw employee contributions from the Employees' Retirement System of Georgia, forfeit all rights under said system, and forfeit the right to be-
GEORGIA LAWS 1985 SESSION
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come a member of any public retirement or pension system of this state as a member of the General Assembly; or
(C) Transfer all creditable service under the Employees' Retirement System of Georgia to the Georgia Legislative Retirement System effective January 1, 1986, and become an active contributing member of the Georgia Legislative Retirement System effective on that date with all creditable service thereunder which was transferred from the Employees' Retirement System of Georgia.
(2) The members of the General Assembly affected thereby shall exercise the options specified by paragraph (1) of this subsection by not later than December 1,1985. Any such option shall be exercised by written notification to the board of trustees of each retirement system affected by the option selected. By not later than November 1, 1985, the Board of Trustees of the Employees' Retirement System of Georgia shall provide written notification of the requirements of this paragraph to each member of the General Assembly affected by the provisions of paragraph (1) of this subsection.
(d) Any person becoming a member of the General Assembly after December 31, 1985, shall be eligible to obtain creditable service as a member of the General Assembly only for the purposes of the Georgia Legislative Retirement System, and no service as a member of the General Assembly which is obtained on or after January 1, 1986, by any such person shall be creditable or used as creditable service for the purposes of any other public retirement or pension system of this state.
(e) Notwithstanding any provisions of Chapter 6 of this title or any other law, any member of the General Assembly may withdraw from membership in the Georgia Legislative Retirement System and receive a refund of contributions to such system under Code Section 47-6-85. Any member exercising the option provided by this subsection may not at any time thereafter reestablish membership in the Georgia Legislative Retirement System or become a member of
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GENERAL ACTS AND RESOLUTIONS, VOL. I
any public retirement or pension system while serving as a member of the General Assembly.
(f) The provisions of this Code section shall control over conflicting or inconsistent provisions of any other law of this state, specifically including any law relating to any public retirement or pension system of this state. It is the intention of the General Assembly that this Code section may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any existing law, and any modification or repeal of the requirements of this Code section shall be accomplished only by amendment to or repeal of this specific Code section."
Section 2. This Act is pursuant to the authority of Article III, Section X, Paragraph VI of the Constitution and pursuant to the specific authority of subparagraph (d) of said Paragraph VI, 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 Standards Law."
Section 3. This Act shall become effective for administrative purposes upon its approval by the Governor or upon its otherwise becoming law. This Act shall become effective for all purposes on January 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1339
MOTOR VEHICLES AND TRAFFIC -- DRIVERS' RECORDS OF SCHOOL BUS DRIVERS FURNISHED TO SCHOOLS;
DRIVERS' LICENSE INFORMATION FURNISHED TO THE U.S. SELECTIVE SERVICE SYSTEM.
Code Section 40-5-2 Amended.
No. 705 (House Bill No. 274).
AN ACT
To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to furnish the abstract of the driving record of certain persons to school systems; to authorize the Department of Public Safety to disseminate certain information from its records to the United States Selective Service System; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of disseminating such information; to authorize the Department of Public Safety to charge a fee to defray its actual expenses for disseminating such information from its records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, is amended by striking subsections (d) and (f) in their entirety and by adding new subsections (d), (f), and (g) to read as follows:
"(d) Notwithstanding any of the provisions of subsection (c) of this Code section, the department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official, or law enforcement agency or to the driver's licensing agency of another state. The department may also furnish without charge at the written request of a public or private school system a copy of the abstract of
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GENERAL ACTS AND RESOLUTIONS, VOL. I
any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information. It shall be unlawful for any person who receives an abstract under this subsection to disclose or make any use thereof except in performance of his judicial, quasi-judicial, or school duties.
(f) The department may, upon request, disseminate from its records to the United States Selective Service System compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.
(g) Except as provided in subsection (f) of this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1341
"LEASE-PURCHASE AGREEMENT ACT" -- ENACTED. Code Title 10, Chapter 1, Article 23 Enacted. No. 706 (House Bill No. 378). AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to define and regulate certain lease-purchase agreements; to define terms; to specify required and prohibited contractual provisions; to require certain disclosures; to define criminal offenses and declare penalties; to provide for civil remedies; 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 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 23 to read as follows:
"ARTICLE 23
10-1-680. This article shall be known and may be cited as the 'Lease-purchase Agreement Act.'
10-1-681. As used in this article, the term:
(1) 'Lease-purchase agreement' means an agreement for the use of personal property by a lessee primarily for personal, family, or household purposes, for an initial period of four months or less that is renewable with each payment after the initial period and that permits the lessee to become the owner of the property. Lease-purchase agreements shall not include any of the following:
(A) A lease or agreement which constitutes a credit sale as defined in 12 C.F.R. 226.2(a)(16) and Section 1602(g) of the Truth-in-Lending Act, 15 U.S.C. 1601 et seq.;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) A lease which constitutes a consumer lease as defined in 12 C.F.R. 213.2(a)(6);
(C) Any lease for agricultural, business, or commercial purposes;
(D) Any lease made to an organization; or
(E) A lease or agreement which constitutes a retail installment transaction as defined in paragraph (10) of subsection (a) of Code Section 10-1-2.
(2) 'Lessee' means a person who leases property pursuant to a lease-purchase agreement.
(3) 'Lessor' means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a lease-purchase agreement.
(4) 'Period' means a day, week, month, or other subdivision of a year.
10-1-682. (a) A lease-purchase agreement shall be in the form of a written statement which shall include all of the following:
(1) A brief description of the leased property, sufficient to identify the property to the lessee and lessor including whether the property is new or previously rented or, if a lease is for multiple items, a description of each item may be provided in a separate statement which is incorporated by reference in the primary disclosure statement;
(2) The total amount of any initial payment, including any advance payment, delivery charge, or any tradein allowance to be paid by the lessee at or before consummation of the lease-purchase agreement;
(3) The amount and timing of payments;
(4) The amount of all other charges, individually itemized, payable by the lessee to the lessor which are not included in the periodic payments;
GEORGIA LAWS 1985 SESSION
1343
(5) A statement of the party liable for loss, damage in excess of normal wear and tear, or destruction to the leased property;
(6) The lessee's right to reinstate and the amount, or method of determining the amount, of any penalty or other charge for reinstatement as established in Code Section 10-1-686;
(7) The party responsible for maintaining or servicing the leased property together with a brief description of this responsibility;
(8) A statement of the conditions under which the lessee or lessor may terminate the lease;
(9) A statement of the total cost of the lease expressed as the product of the number of payments necessary to acquire ownership of the leased property times the amount of each payment, using the term 'cost of lease';
(10) A statement that the lessee has the option to purchase the leased property during the term of the lease-purchase agreement and, at what price, formula, or by what method the price is determined;
(11) A statement that if any part of a manufacturer's warranty continues to cover the leased property at the time the lessee assumes ownership of the property, if allowed by the terms of the warranty, it will be passed on to the lessee;
(12) The fair market value of the leased property at the time it is initially leased to the lessee, using the term 'estimated fair market value of the leased property,' provided that in the case of property that has been previously leased the lessor may establish a standard value that may be used in lieu of a specific valuation for an individual item; and
(13) The difference between the amount disclosed under paragraph (9) of this subsection and the amount disclosed under paragraph (12) of this subsection, using the term 'cost of lease services.'
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) All information required by this Code section shall be stated in a clear and coherent manner, using words and phrases of common meaning. The information shall be appropriately divided and captioned by its sections. All numerical amounts and percentages shall be stated in figures. The information shall also be disclosed by the lessor prior to the signing of the lease by the lessee. All of the information required by this Code section shall be provided directly on the lease contract or instrument or on a separate form. The disclosures described in paragraphs (1), (2), (3), (4), (9), (12), and (13) of subsection (a) of this Code section shall be made clearly, conspicuously, and together in sequence and shall be prominently located on the same page of the contract or other instrument evidencing the lease.
(c) At the lessor's option, information in addition to that required by this Code section may be disclosed if the additional information is not stated, utilized, or placed in a manner which will contradict, obscure, or distract attention from the required information.
10-1-683. (a) An advertisement for any lease-purchase agreement shall not state that a specific lease of any property at specific amounts or terms is available unless the lessor usually and customarily leases or will lease the property at those amounts or terms.
(b) An advertisement for any lease-purchase agreement shall not state that a payment or a periodic payment is due at the start of a lease of a specific item without disclosing both the payment due at the start of the lease, the periodic payment, the cost of lease services, and the total of all periodic payments necessary to obtain ownership.
10-1-684. A lease-purchase agreement shall not contain a provision:
(1) Requiring a garnishment of wages or a power of attorney to confess a judgment;
(2) Granting authorization to the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of goods;
GEORGIA LAWS 1985 SESSION
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(3) Requiring the lessee to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf (as the lessee's agent on the lessor's behalf or as the lessee's agent) in collection of payments under the lease or in the repossession of goods;
(4) Requiring the lessee to agree not to assert against a lessor or against an assignee a claim or defense arising out of the lease;
(5) Requiring any collection or repossession charges in excess of those allowable under Code Section 10-1-7 and applicable court rules; or
(6) Providing that the lessee cannot return the leased property to the lessor at the end of any term.
10-1-685. (a) A lessor shall not require the purchase of insurance by the lessee from the lessor of a leased item.
(b) A lessor shall not impose a penalty for early termination of a lease-purchase agreement or for the return of an item at any point.
(c) A lessor shall not impose a fee for in-home collection of a payment unless the lessee has expressly agreed to the fee and the amount of the fee is disclosed.
(d) A lessor shall not impose a fee for picking up rental property should the lessee choose to terminate the lease.
(e) A lessor shall not impose a fee for making a late payment except the charge for reinstatement as established in Code Section 10-1-686.
10-1-686. (a) A lessee who fails to make timely periodic payments shall have the right to reinstate the original leasepurchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply:
(1) The lessee has not missed more than three periodic payments; and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) One periodic payment has been missed and the lessee has surrendered the item to the lessor, if requested by the lessor, during the time in which payments were missed.
(b) A lessee shall not be charged more than one reinstatement fee per missed periodic payment. A reinstatement fee shall equal the outstanding balance of any missed payments plus a charge which shall not exceed $5.00 per missed payment. A delivery fee not to exceed the original delivery fee may be charged if redelivery of an item is necessary.
(c) If reinstatement occurs pursuant to this Code section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of comparable quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all of the information required in Code Section 10-1-682.
10-1-687. (a) Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and as for a misdemeanor for each subsequent offense.
Ob) In case of a violation of any provision of this article, with respect to any transaction, the lessee in such transaction may recover from the person committing the violation, or may set off or counterclaim in any action by such person, actual damages with a minimum recovery of $300.00 or 25 percent of the cost of the lease to acquire ownership, whichever is greater, attorneys' fees, and court costs. However, the lessor shall not be liable for any error in estimating the fair market value required in paragraph (12) of subsection (a) of Code Section 10-1-682 unless said estimate shall be proved to have been made in bad faith.
(c) Notwithstanding this Code section, any failure to comply with any provisions in this article may be corrected within ten days after the date of execution of the lease-purchase agreement by the lessee, and, if so corrected, neither the lessor nor any holder is subject to any penalty under this Code section.
10-1-688. No action shall be brought under this article more than four years after the person bringing this action knew or should have known of the occurrence of the alleged violation.
10-1-689: The following form is an example of the form which may be used to satisfy the disclosure requirements of subsection (b) of Code Section 10-1-682, requiring that the disclosures described in paragraphs (1), (2), (3), (4), (9), (12), and (13) of subsection (a) of Code Section 10-1-682 be made clearly, conspicuously, prominently, and together in sequence:
LEASE-PURCHASE DISCLOSURES
1. Description of leased property: Item Quantity Serial # Mfg. Model Condition
2. Total payment due at beginning of contract: Lease payment: Delivery charge: Sales tax: Other: Total:
3. Lease payments 1. You may renew the lease weekly or monthly as you choose. 2. The weekly rental is $ . 3. The monthly rental is $ .
4. Other charges 1. Reinstatement fee $ 2. (Specify all others)
5. Cost of lease
If you renew this lease each week/month for
weeks/
months, you will pay a total of $ to own this property.
This total includes all costs included in the first lease pay-
ment.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
6. Estimated fair market value of the leased property
The estimated fair market value of the property you
are leasing is $
.
7. Cost of lease services
The difference between the amount in item 5 and item
6 above is $
. This is the cost of services
to you under this lease if you elect to renew this lease
for the number of terms necessary to acquire ownership
of the leased property.
I have read the above statement before signing this agreement.
Date: Date:
Lessee:
Lessee:
"
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
SHERIFFS' RETIREMENT FUND OF GEORGIA -- OPTIONAL BENEFITS; MORTALITY TABLES; ACTUARIAL EQUIVALENTS.
Code Section 47-16-101 Amended.
No. 707 (House Bill No. 398).
AN ACT
To amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to options and optional benefits; to change the provisions relating to actuarial equivalents and their computation; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1985 SESSION
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At the time a member becomes eligible for retirement benefits, he shall choose one of three payment options for retirement benefits. He must indicate his choice of payment options upon the application for retirement benefits filed with the secretary-treasurer. Upon approval of the member's application by the board, such member shall be paid retirement benefits in the form of a monthly sum of money determined in accordance with the option he has selected. The three payment options are as follows:
(1) Option One shall be known as a 'single life annuity' and shall provide retirement benefits for the life of the member only. If such member has no more than four years of service credited to him under this chapter, he shall be paid a benefit of $130.00 per month until his death. If such member has more than four years credited to him under the provisions of this chapter, he shall be paid a benefit of $130.00 per month, plus $32.50 per month for each additional year of service so credited to him; provided, that in no case shall such benefits exceed $812.50 per month;
(2) Option Two shall be known as a '100 percent joint life annuity' and shall provide retirement benefits for the life of either the member or his spouse, whichever is the survivor. The monthly amount to be paid under this option shall be based on the member's age and that of his spouse at the member's retirement and shall be the actuarial equivalent of the monthly retirement payment which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Option Three shall be known as the '50 percent contingency life annuity' and shall provide for payment of a 50 percent benefit for the life of the surviving spouse. The amount to be paid under this option shall be based on the member's age and that of his spouse at the member's retirement and shall be computed so as to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board."
Section 2. This Act shall become effective on July 1,1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
REVENUE AND TAXATION -- ASSESSMENT OF TAXES; TIME PERIODS.
Code Sections 48-2-49, 48-7-82, 48-8-64, 48-9-13, and 48-9-41 Amended.
No. 708 (House Bill No. 409).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to specify periods of time within which taxes may be assessed against persons subject to assessment; to specify general periods of time applicable to all taxes not otherwise expressly provided for; to specify periods of time applicable to income taxes, sales and use taxes, motor fuel taxes, and road taxes; to provide for all related matters; to repeal conflicting laws; and for other purposes.
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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 48-2-49 which reads as follows:
"48-2-49. In the absence of fraud, no assessment shall be redetermined under Code Section 48-2-48 after the expiration of two years from the last date upon which the return could be filed without delinquency by the taxpayer under the law. In any case in which any report, return, or other information contains a fraudulent statement or omission of material facts which makes the taxpayer's return or report a fraudulent representation of the items or things required therein, the commissioner may reopen the case and make additional assessments of taxes or license fees at any time within seven years of the return or report.",
and inserting in its place a new Code section to read as follows:
"48-2-49. (a) Except as otherwise provided in this Code section or this title, the amount of any tax imposed by this title may be assessed at any time.
(b) Except as otherwise provided by subsection (c) of this Code section or by this title, in the case where a return or report is filed, the amount of any tax imposed by this title shall be assessed within three years after the return or report was filed. For purposes of this subsection, a return or report filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day. If an extension of time for filing a return or report is granted and the return or report is filed on or before the extended date, the return or report shall be considered as filed on the extended due date.
(c) Except as otherwise provided by this title, in the case of a false or fraudulent return or report filed with the intent to evade tax or a failure to file a return or report, the amount of any tax imposed by this title may be assessed at any time.
(d) Where, before the expiration of the time prescribed in this Code section for the assessment of any tax imposed
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GENERAL ACTS AND RESOLUTIONS, VOL. I
by this title, both the commissioner and the person subject to assessment have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the agreed upon period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the previously agreed upon period. The commissioner is authorized in any such agreement to extend similarly the period within which a claim for refund may be filed.
(e) If a claim for refund of taxes paid for any taxable period is filed within the last six months of the period during which the commissioner may assess the amount of taxes, the assessment period is extended for a period of six months beginning on the day the claim for refund is filed.
(f) No action without assessment shall be brought for the collection of any tax after the expiration of the period for assessment."
Section 2. Said title is further amended by striking Code Section 48-7-82, relating to periods of limitation for assessment of income taxes, and inserting in its place a new Code section to read as follows:
"48-7-82. (a) Except as otherwise provided in this Code section, the amount of income tax imposed by this chapter shall be assessed within the time periods specified in Code Section 48-2-49.
(b) (1) In the case of income received during the lifetime of a decedent, by the estate of a decedent during the period of administration, or by a corporation, the tax shall be assessed within three years after the return is filed, and any proceeding in court without assessment for the collection of the tax shall begin within 18 months after written request for the commencement of the proceeding (filed after the return is made) by the personal representative or other fiduciary representing the estate of the decedent or by the corporation. No such proceeding shall begin after the expiration of three years from the date the return is filed. This paragraph shall not apply in the case of a corporation unless:
(B) The dissolution is begun in good faith before the expiration of the 18 month period; and
(C) The dissolution is completed.
(2) If the taxpayer omits from gross income an amount properly includable in gross income which exceeds 25 percent of the amount of gross income less business expenses stated in the return, the tax may be assessed or a proceeding in court for the collection of the tax may begin without assessment at any time within six years after the return is filed.
(3) If the taxpayer omits from gross income an amount properly includable in gross income as an amount distributed in liquidation of a corporation, the tax may be assessed or a proceeding in court for the collection of the tax may begin without assessment at any time within five years after the return is filed.
(c) When the assessment of any income tax has been made within the period of limitation properly applicable to the assessment, the tax may be collected by execution. The general provisions for tax executions as contained in Chapter 3 of this title shall apply to executions pursuant to this subsection.
(d) Reserved.
(e) (1) When a taxpayer's amount of net income for any year under this chapter as returned to the United States Department of the Treasury is changed or corrected by the commissioner of internal revenue or other officer of the United States of competent authority, the taxpayer, within 180 days after final determination of the changed or corrected net income, shall make a return to the commissioner of the changed or corrected income, and the commissioner shall make assessment or the tax-
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payer shall claim a refund based on the change or correction within one year from the date the return required by this paragraph is filed. If the taxpayer does not make the return reflecting the changed or corrected net income and the commissioner receives from the United States government or one of its agents a report reflecting the changed or corrected net income, the commissioner shall make assessment for taxes due based on the change or correction within five years from the date the report from the United States government or its agent is actually received.
(2) In the event the taxpayer fails to notify the commissioner of the final determination of his United States income taxes, the commissioner shall proceed to determine, upon evidence that the commissioner has brought to his attention or that he otherwise acquires, the corrected income of the taxpayer for the fiscal or calendar year. If additional tax is determined to be due, the tax shall be assessed and collected. If it is determined that there has been an overpayment of tax for the year, the taxpayer, by his failure to notify the commissioner as required in paragraph (1) of this subsection, shall forfeit his right to any refund due by reason of the change or correction."
Section 3. Said title is further amended by striking Code Section 48-8-64 which relates to sales and use taxation and reads as follows:
"48-8-64. (a) (1) Except as provided in this Code section, the amount of taxes imposed by this article shall be assessed within three years after the return is filed and no proceeding in court without assessment for the collection of the taxes shall be begun after the expiration of the three-year period.
(2) In the case of a false or fraudulent return with intent to evade payment of taxes imposed by this article or in the case of a failure to file a return, the tax may be assessed or a proceeding in court for the collection of the tax may be begun without assessment at any time.
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(b) When before the expiration of the time prescribed for the assessment of taxes imposed by this article both the commissioner and the taxpayer have agreed in writing to assessment after such time, the taxes may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. In the agreement the commissioner may extend similarly the period within which the taxpayer may file a claim for refund of taxes.
(c) If a claim for refund of taxes paid for any taxable period is filed within the last six months of the three-year period during which the department may assess the amount of taxes, the assessment period shall be extended for a period of six months beginning on the day the claim for refund is filed.",
and inserting in its place a new Code section to read as follows:
"48-8-64. The amount of taxes imposed by this article shall be assessed within the time periods specified in Code Section 48-2-49."
Section 4. Said title is further amended by striking subsection (a) of Code Section 48-9-13, which relates to assessment of and sales for motor fuel taxes, and inserting in its place a new Code section to read as follows:
"(a) (1) Except as otherwise provided in paragraph (2) of this subsection, any assessment for taxes due under this article shall be made within the time limits specified in Code Section 48-2-49.
(2) If the distributor has filed a report under this article which contains fraudulent statements or omissions of material facts the effect of which makes the taxpayer's report a fraudulent representation, the commissioner may reopen the tax period and make any additional assessment of taxes due at any time within seven years from the last date on which the report could have been timely filed by the taxpayer."
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Section 5. Said title is further amended by striking Code Section 48-9-41, which relates to assessment and collection of road taxes, and inserting in its place a new Code section to read as follows:
"48-9-41. (a) (1) When any motor carrier is in default in the payment of any road taxes due under this article, the commissioner shall assess the road taxes due in the manner provided by law. Except as otherwise provided in paragraph (2) of this subsection, any assessment for road taxes due under this article shall be made within the time limits specified in Code Section 48-2-49.
(2) When the motor carrier has filed a report under this article which contains fraudulent statements or omissions of material facts, the effect of which is to make the taxpayer's report a fraudulent representation, the commissioner may reopen the tax period and make any additional assessment of taxes due at any time within seven years from the last date on which the report could have been timely filed by the taxpayer.
(b) The commissioner shall collect any deficiencies and road taxes due under this article by levy, garnishment, attachment, or action or by any other provision of law for collection of delinquent state taxes."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
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EMPLOYMENT SECURITY LAW -- "WAGES" REDEFINED. Code Section 34-8-51 Amended. No. 709 (House Bill No. 412). AN ACT
To amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of the term "wages" under the "Employment Security Law," so as to change the definition of the term "wages"; to provide that the term "wages" shall not include payments made to or on behalf of an employee for sickness or accident disability, only if the payments are received under a workers' compensation 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. Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of the term "wages" under the "Employment Security Law," is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The amount of any payment to or on behalf of an employee under a plan or system established by an employer which makes provision for his employees generally or for a class or classes of his employees (including any amount paid by an employer for insurance or annuities or into a fund to provide for any such payment) on account of (A) retirement, or (B) the supplementation after December 31, 1955, of unemployment benefits to an individual under the terms of a written agreement, contract, trust arrangement, or other instrument, provided such individual (i) having rights under this chapter, meets all conditions of eligibility hereunder and the regulations issued pursuant thereto, and (ii) has no option to receive, in lieu of payment of supplemental unemployment benefits under such plan or system established by an employer, any payment from a fund established pursuant to such plan or system, or any part of such pay-
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ment, or other consideration, and (iii) has no right, under the provisions of the plan or system providing such supplemental unemployment benefits, to assign any such supplemental benefit or to receive a consideration in lieu of any such benefit upon his withdrawal from such plan or system or upon termination of such plan or system or upon termination of his employment with such employer; and provided, further, that such plan or system provides benefits which are only supplemental to benefits provided under a state unemployment compensation law and that such plan or system does not replace or duplicate any state or federal unemployment compensation law but is only supplemental to such a law and that under such plan or system the employer has no right to recover any portion of funds creditable to the fund or to an individual for supplementation of unemployment benefits, or (C) sickness or accident disability (but, in the case of payments made to an employee or any of his dependents, this subparagraph shall exclude from the term 'wages' only payments which are received under a workers' compensation law), or (D) medical and hospitalization expenses in connection with sickness or accident disability, or (E) death, provided the employee (i) has no option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premiums or contributions to premiums paid by his employer, and (ii) has no right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his employment with such employer;".
Section 2. This Act shall become effective upon its approval by 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 10, 1985.
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JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM -- PART-TIME EMPLOYMENT; BENEFITS. Code Section 47-5-42 Amended. No. 710 (House Bill No. 425). AN ACT
To amend Code Section 47-5-42 of the Official Code of Georgia Annotated, relating to provisions which may be included in employer plans under the Joint Municipal Employees Retirement System, so as to provide that provision may be made for benefits for part-time employment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-5-42 of the Official Code of Georgia Annotated, relating to provisions which may be included in employer plans under the Joint Municipal Employees Retirement System, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) 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;
(3) Maximum years of service credit allowable;
(4) Provisions relating to separation and return to employment;
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(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;
(9) Provisions relating to benefits for part-time employment; and
(10) Any other provisions necessary, incidental, or helpful in providing the intended benefits."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
LOCAL GOVERNMENT -- "REDEVELOPMENT POWERS LAW" ENACTED.
Code Title 36, Chapter 44 Enacted.
No. 711 (House Bill No. 430).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a new Chapter 44, relating to additional redevelopment powers for counties and municipalities; to provide for a short title; to provide for legislative findings, declarations, purposes, and for construction; to provide for definitions; to provide for redevelopment agencies; to provide certain specified additional powers for counties and
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municipalities; to incorporate by reference the powers provided for counties and municipalities by Chapter 61 of Title 36, the "Urban Redevelopment Law"; to provide for the delegation of certain redevelopment powers to redevelopment agencies; to provide for redevelopment plans; to provide for tax allocation districts; to provide procedures for determining property taxes applicable to a tax allocation district; to provide procedures for determining a tax allocation increment base; to provide for the allocation of tax increments; to provide for the termination of tax allocation districts; to provide methods for financing redevelopment costs; to provide for tax allocation bonds, notes, and other obligations; to provide for the taxable value of and millage rate on property for tax allocation district purposes; to authorize certain loans for redevelopment purposes; to provide for a limitation on the creation of tax allocation districts; to provide for cooperation among public bodies; to provide for certain contracts with private entities; to provide for local government liens, covenants, and obligations regarding tax allocation bonds; to prohibit certain conflicts of interest; to provide for local Acts and referendum approval before certain redevelopment powers may be exercised; to provide that certain powers shall be cumulative; 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. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 43 of said title a new Chapter 44 to read as follows:
"CHAPTER 44
36-44-1. This chapter shall be known and may be cited as the 'Redevelopment Powers Law.'
36-44-2. It is found and declared that economically and socially depressed areas exist within urbanized portions of counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities while creating a greater de-
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mand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare. It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects. To encourage such redevelopment, it is essential that the counties and municipalities of this state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or prohibited redevelopment of such areas. It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose.
36-44-3. As used in this chapter, the term:
(1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except those ad valorem property taxes levied to repay bonded indebtedness.
(2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality and, in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4.
(3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested.
(4) 'Political subdivision' means any county or municipality of this state.
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(5) 'Redevelopment' means any activity or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following:
(A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity;
(B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity;
(C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing;
(D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services;
(E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance;
(F) Improving or increasing the value of property; and
(G) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof.
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(6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 3644-4.
(7) 'Redevelopment area' means:
(A) Any urbanized and developed area in which the structures, buildings, or improvements, by reason of dilapidation, deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare;
(B) Any urbanized or developed area which by reason of the presence of a predominant number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate street layout; the faulty lot layout in relation to size, adequacy, accessibility or usefulness; unsanitary or unsafe conditions, deterioration of site or other improvements; the diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or any combination, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or employment opportunities; or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use;
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(C) Any area located within an urbanized or developed area within the corporate limits of a municipality which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise substantially impairs or arrests the sound growth of the community;
(D) Any area located within an urbanized or developed area and which, immediately prior to becoming open, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph; or
(E) Any area combining any factors specified in subparagraphs (A) through (D) of this paragraph.
(8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following:
(A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of existing buildings, structures, and fixtures; the acquisition of equipment; and the clearing and grading of land;
(B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of any construction pursuant to a redevelopment plan and for a period not to exceed 18 months thereafter
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and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity;
(C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services;
(D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment plan;
(E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under Chapter 4 of Title 22, 'The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973';
(F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans;
(G) Payments by one political subdivision to a political subdivision or board of education in lieu of taxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; and
(H) Real property assembly costs.
(9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which:
(A) Specifies the boundaries of the area proposed for redevelopment;
(B) Provides evidence that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan;
(C) Explains the proposed uses for redevelopment purposes of real property and the proposed method of financing any construction, reconstruction, expansion, renovation, rehabilitation, repair, demolition, alteration, or remodeling of such property for such uses and estimates the cost thereof;
(D) Describes the proposed construction, reconstruction, expansion, renovation, rehabilitation, repair, demolition, alteration, or remodeling of any public works, public housing, or other public facilities, estimates the cost thereof, and explains the proposed method of financing such activities;
(E) Describes the proposed construction, reconstruction, expansion, renovation, rehabilitation, repair, demolition, alteration, or remodeling of privately owned property, estimates the cost thereof, and explains the proposed method of financing such activities;
(F) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan;
(G) Describes the type of relocation payments proposed to be authorized by the redevelopment plan and estimates the cost of making such payments;
(H) Includes a statement that the proposed redevelopment plan conforms with the master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto;
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(I) Summarizes expenditures from both public and private financing sources which are estimated to be made for each year during ten years immediately following the implementation of the redevelopment plan;
(J) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the area proposed for redevelopment;
(K) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or
(ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects,
which technical standards for rehabilitation and review shall be those used by the State Historic Preservation Officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the State Historic Preservation Officer;
(L) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date;
(M) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment;
(N) Specifies the tax allocation increment base of the proposed tax allocation district obtained pursuant to Code Section 36-44-10 and supported by the
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certification of the state revenue commission as provided by said Code section;
(O) Specifies property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (2) of Code Section 36-448;
(P) Specifies the amount of the proposed tax allocation bond issue or issues, the term and assumed rate of interest applicable thereto;
(Q) Estimates positive tax increments for the period covered by the term of the proposed tax allocation bonds; and
(R) Contains a map showing existing uses and conditions of real property in the proposed tax allocation district.
(10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action.
(11) 'Special fund' means the fund provided for in subsection (c) of Code Section 36-44-11.
(12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging the projected increase in ad valorem tax revenues resulting from the proposed redevelopment of property within a tax allocation district for the repayment of such bonds. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution.
(13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph
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(B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area.
(14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied on all taxable property within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property and 'negative' if such base exceeds such taxable value.
(15) 'Tax allocation increment base' means the taxable value of all taxable property, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8.
(16) 'Taxable property' means real and personal property subject to ad valorem property taxes of a political subdivision, including property subject to local ad valorem taxation for educational purposes.
(17) 'Taxable value' means the assessed value of taxable property as shown on the tax digests of counties as adjusted and equalized by the state revenue commissioner pursuant to Code Section 48-5-271, requiring the state revenue commissioner to examine the tax digests of the several counties for the purpose of ascertaining whether the valuation of the various classes of property in the respective counties is uniform.
36-44-4. (a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through (e) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its re-
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spective area of operation, the redevelopment powers provided by this chapter.
(b) The local legislative body of a political subdivision may create a public body corporate and politic to serve as its redevelopment agency. Any such public corporation may be created by resolution adopted by the local legislative body of the political subdivision. Such resolution may provide for the membership of the board of directors of such public corporation and their terms of office, for the powers and duties of such public corporation, and for such other matters as may reasonably be necessary and convenient for the creation and activation of such public corporation as the redevelopment agency of the political subdivision.
(c) In the event a political subdivision has activated a public corporation as its 'urban redevelopment agency' or designated a housing authority as its 'urban redevelopment agency' pursuant to Code Sections 36-61-17 and 36-61-18 of the 'Urban Redevelopment Law,' the local legislative body of such political subdivision may designate such public corporation as its redevelopment agency for the purposes of this chapter. Any action taken pursuant to the authority of this subsection shall be by resolution duly adopted by the local legislative body of the political subdivision.
(d) Any county and municipality or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public corporation is created or designated, as authorized herein, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of
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the political subdivisions jointly creating or designating such redevelopment agency.
(e) A political subdivision may participate in the creation or designation of a public corporation to serve as a common redevelopment agency as provided by subsection (d) of this Code section as well as create or designate a public corporation to serve as the redevelopment agency of the political subdivision. In such event, the members of the board of directors of the public corporation created or designated as the redevelopment agency of the political subdivision may also serve, in accordance with the provisions of the resolution of the local legislative body of the political subdivision participating in the creation or designation of a public corporation to serve as a common redevelopment agency, as members of the board of directors of the jointly created public corporation.
36-44-5. (a) Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to:
(1) Describe the boundaries of one or more redevelopment areas within its area of operation, but any redevelopment area so described shall conform to the definition of a redevelopment area provided by paragraph (7) of Code Section 36-44-3;
(2) Cause redevelopment plans to be prepared, to approve by resolution the plans, and to implement the provisions and effectuate the purposes of the plans;
(3) Create within redevelopment areas tax allocation districts and define the boundaries thereof or designate an entire redevelopment area as a tax allocation district;
(4) Define the boundaries of portions of a redevelopment area or an entire redevelopment area for the implementation of redevelopment plans other than plans calling for the creation of tax allocation districts;
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(5) Issue tax allocation bonds;
(6) Deposit moneys into and disperse moneys from the special fund of any tax allocation district;
(7) Enter into and execute any contracts, leases, mortgages, or other agreements, including agreements with bondholders or lenders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans. The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of land;
(8) Acquire and retain or acquire and dispose of property or interests therein for redevelopment purposes or use or dispose of property or interests therein presently owned by the political subdivision for redevelopment purposes; and any disposition of such property or interests therein may be by public or private sale or lease; and
(9) Exercise, for the purposes of this chapter, any powers conferred upon political subdivisions by Chapter 61 of Title 36, the 'Urban Redevelopment Law.'
(b) The powers granted to political subdivisions by subsection (a) of this Code section and by this chapter and any powers delegated to a redevelopment agency pursuant to Code Section 36-44-6 may be exercised only for the purpose of adopting and implementing redevelopment plans, but this limitation shall not be construed to interfere with the exercise of any power now or hereafter possessed by a political subdivision which is granted by any other law.
36-44-6. (a) Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 36-44-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions
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as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it.
(b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:
(1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7;
(2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision;
(3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision;
(4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision;
(5) The power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and
(6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.'
36-44-7. (a) A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter.
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(b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan once each week for two consecutive weeks. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing.
(c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further consideration. Any redevelopment plan amended so as to alter the external boundaries of the redevelopment area, so as to substantially change the land use or general nature of the redevelopment plan, or so as otherwise to substantially change the redevelopment plan shall be deemed to have been rejected. Any redevelopment plan rejected by the local legislative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form.
(d) Once approved by the local legislative body, a redevelopment plan may be amended only by the local legislative body of the political subdivision. The local legislative body shall cause the date, time, place, and purpose of any meeting of the local legislative body at which an amendment to a
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redevelopment plan is to be considered to be advertised in the same manner as prescribed by subsection (c) of this Code section for a meeting to consider the adoption of a redevelopment plan.
36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, to the political subdivision or board of education required to consent;
(2) Submission of the redevelopment plan, along with a certified copy of any resolution giving the consent required under paragraph (1) of this Code section, to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; and
(3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes;
(B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body;
(C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1', followed by the name of the political subdivision within whose area of operation the district is located;
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(D) Specifies the tax allocation increment base;
(E) Specifies property taxes to be used for computing tax allocation increments; and
(F) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan; and
(ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district.
36-44-9. (a) When a tax allocation district is created within the area of operation of a municipality by the local legislative body of such municipality, property taxes for computing tax allocation increments shall be based on all ad valorem property taxes levied by the municipality. If the municipality has an independent school system, ad valorem property taxes levied for educational purposes by the municipality shall be included in computing the tax allocation increments if the local legislative body of the municipality is empowered to make the determination of the municipal ad valorem tax millage rate for educational purposes. If the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the local legislative body of the municipality does not have the authority to modify such rate set by the board of education, the tax allocation increment shall not be computed on the basis of municipal taxes for educational purposes unless the board of education of the independent school system consents, by resolution duly adopted by said board of education, to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments.
(b) County ad valorem property taxes may be included in the computation of tax allocation increments of a municipal tax allocation district if the local legislative body of the
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county consents to such inclusion by resolution duly adopted by said local legislative body. For those municipalities which do not have an independent school system, ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments of a municipal tax allocation district if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively.
(c) When a tax allocation district is created within the area of operation of a county by the local legislative body of the county, property taxes for computing tax allocation increments shall be based on all county ad valorem property taxes levied for county governmental purposes. Ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments for a county tax allocation district if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively.
36-44-10. (a) Prior to the adoption of a resolution by the local legislative body of a political subdivision creating a tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commissioner for a determination of the tax allocation increment base of the proposed tax allocation district. Within a reasonable time, and not exceeding 60 days after receiving such application, the state revenue commissioner shall certify such tax allocation increment base, as of the proposed effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district.
(b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the bound-
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aries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pursuant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section.
(c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was so acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax allocation increment base. If the presumption is not rebutted, in determining the tax allocation increment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred.
(d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors or joint city-county board of tax assessors, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner.
(e) The county board of tax assessors or joint city-county board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation incre-
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ment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11.
36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders.
(b) Each county tax collector or tax commissioner or municipal official responsible for collecting municipal ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision.
(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund for payment of said bonds and may either at law or in equity protect and enforce the lien. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the
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political subdivision. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys, they shall be paid over to each county, municipality, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner or municipal official responsible for collecting municipal ad valorem property taxes.
36-44-12. The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid.
36-44-13. Payment of redevelopment costs may be made by any of the following methods or any combination thereof:
(1) Payment by the political subdivision from the special fund of the tax allocation district;
(2) Payment from the general funds of a political subdivision;
(3) Payment out of the proceeds of the sale of revenue bonds issued by the political subdivision pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law,' and revenue bonds may be issued under such law for redevelopment purposes within the meaning of this chapter;
(4) Payment out of the proceeds of the sale of tax allocation bonds issued by the political subdivision under this chapter;
(5) Payment from the proceeds from any loans made to a political subdivision pursuant to the authority of Code Section 36-44-16; and
(6) Lease payments and other payments pursuant to contracts under a redevelopment plan.
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36-44-14. (a) Only for the purpose of paying redevelopment costs for a tax allocation district created under this chapter, the local legislative body may issue tax allocation bonds. Tax allocation bonds are declared to be negotiable instruments. Tax allocation bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
(b) All tax allocation bonds, notes, and other obligations shall be authorized by resolution of the local legislative body, adopted by a majority vote of the members thereof at a regular or special meeting and without the necessity of a referendum or any electoral approval. The resolution shall state the name of the tax allocation district and the aggregate principal amount of the tax allocation bonds authorized.
(c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Section 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or a charge against its or their general taxing power.
(d) To increase the security and marketability of tax allocation bonds, notes, or other obligations, a local legislative body may:
(1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed thereby or the revenues therefrom; and
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(2) Make covenants and do any and all acts not inconsistent with the Constitution or this chapter as may be necessary or convenient or desirable in order additionally to secure tax allocation bonds, notes, or other obligations or tend to make them more marketable according to the best judgment of the local legislative body.
(e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 25 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors.
(f) The local legislative body shall have power from time to time and whenever it deems it expedient to refund any tax allocation bonds by the issuance of new tax allocation bonds, whether or not the bonds to be refunded have matured, and may issue such bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold at such price as the local legislative body may determine and the proceeds applied to the purchase or redemption of the bonds to be refunded.
(g) Tax allocation bonds may not be issued in an amount exceeding the estimated aggregated redevelopment costs for the tax allocation district. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state shall not apply to tax allocation bonds, notes, or other obligations of a local legislative body.
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(h) All tax allocation bonds issued by a local legislative body under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' except as provided in this chapter.
(i) Tax allocation bonds issued by a local legislative body may be in such form and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.
(j) Tax allocation bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the county in which the issuing local legislative body is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(k) In lieu of specifying the rate or rates of interest which tax allocation bonds to be issued by a local legislative body are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate so specified, which rate may be fixed or may fluctuate or otherwise change from time to time; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of a local legislative body to sell such tax allocation bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(l) The term 'redevelopment costs' shall have the meaning prescribed in this chapter whenever that term is referred to in tax allocation bond resolutions of a local legislative
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body, in tax allocation bonds, notes, or other obligations of a local legislative body, or in notices or proceedings to validate such bonds, notes, or other obligations of a local legislative body.
(m) Subject to the limitations and procedures provided by this chapter, the agreements or instruments executed by a local legislative body may contain such provisions not inconsistent with law as shall be determined by the local legislative body.
(n) The proceeds derived from the sale of all tax allocation bonds, notes, and other obligations issued by a local legislative body shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, redevelopment costs or for the purpose of refunding any tax allocation bonds, notes, or other obligations issued in accordance with this chapter.
(o) Issuance by a local legislative body of one or more series of tax allocation bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other tax allocation bonds, notes, or other obligations in connection with the same redevelopment plan or with any other redevelopment plan; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the local legislative body to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(p) A local legislative body shall have the power and is authorized, whenever tax allocation bonds of the local legislative body shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The local legislative body may issue such bond anticipation notes only to provide funds which would otherwise be provided by the
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issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the local legislative body may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing such notes of the local legislative body or any issue thereof may contain any provisions which the local legislative body is authorized to include in any resolution or resolutions authorizing bonds of the local legislative body to any issue thereof; and the local legislative body may include in any such notes any terms, covenants, or conditions which the local legislative body is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
36-44-15. (a) For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education.
ft>) Notwithstanding the provisions of subsection (a) of this Code section and the provisions of any other law to the contrary, including but not limited to those provisions relating to the joint county and municipal sales and use tax provided for in Article 2 of Chapter 8 of Title 48, until a tax allocation district is terminated, a political subdivision
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or county or independent board of education consenting to the inclusion of its property taxes as a basis for computing a tax allocation increment base within a tax allocation district, as provided in Code Section 36-44-9, may not decrease its ad valorem tax millage rate on taxable property located within that district below the millage rate levied on that property on the last date tax allocation bonds were issued for redevelopment costs of that district.
36-44-16. As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owned by the political subdivision or its redevelopment agency within a redevelopment area. A political subdivision or its redevelopment agency is authorized to enter into contracts with financial institutions for the purpose of exercising the authority provided by this Code section, and such contracts may obligate the political subdivision or its redevelopment agency for any number of years not exceeding 25. Contractual obligations incurred by a political subdivision pursuant to this Code section shall not constitute debt within the meaning of Article IX, Section V of the Constitution.
36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property within the proposed district plus the total current taxable value of property within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision.
36-44-18. It is specifically provided that Code Section 3661-16 of the 'Urban Redevelopment Law,' which Code section provides for cooperation among public bodies for redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapter.
36-44-19. A county or municipality may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property
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for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality.
36-44-20. Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments under that district's redevelopment plan are insufficient in any year to pay principal and interest due on such bonds that year.
36-44-21. (a) No elected or appointed official or employee of a political subdivision or a board, commission, or redevelopment agency thereof shall voluntarily acquire any interest, direct or indirect, in any property included or planned to be included in a redevelopment area, or in any contract or transaction or proposed contract or transaction in connection with the redevelopment of that redevelopment area. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body. Any such elected or appointed official or employee who, within two years immediately prior to the date the plan is submitted to a local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership or control of any interest, direct or indirect, in any property which is included in the redevelopment area designated in that plan and who retains that ownership or control at the time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the local legislative body to adopt the plan, disclose the interest in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body, and that person shall not participate in any action by the political subdivision, board, commission, or redevelopment agency thereof which affects that property. Any disclosure required to be made by this subsection shall concurrently be made to the redevelopment agency.
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(b) Any contract or transaction in violation of subsection (a) of this Code section or disclosure of which is not made as provided in that subsection (a) shall be voidable by the local legislative body. This subsection shall not apply to any indenture, agreement, contract, or transaction which constitutes security, direct or indirect, for payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the judgment and order confirming and validating any such bonds or other obligations shall constitute a final and conclusive adjudication as to any such security.
(c) Failure by an official or employee to comply with subsection (a) of this Code section shall constitute misconduct in office.
36-44-22. Redevelopment powers under this chapter may not be exercised by any political subdivision unless so authorized by a local law relating thereto, which local law may limit but may not expand those redevelopment powers established by this chapter as to the local political subdivision to which the local law is applicable. Such local law, and all amendments thereto, shall become effective only if approved in a special election by a majority of the qualified voters voting of each political subdivision directly affected, which special election shall be held as provided in that local law, but in conformity with the requirements for special elections pursuant to Title 21.
36-44-23. The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties and municipalities of this state and not in lieu of any such heretofore existing powers."
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 10, 1985.
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MUNICIPAL CORPORATIONS -- JURISDICTION OF CORPORATE, RECORDER'S, MAYOR'S, AND
POLICE COURTS OVER VIOLATIONS OF THE GEORGIA MOTOR VEHICLE EMISSIONS INSPECTION AND MAINTENANCE ACT.
Code Section 36-32-8 Enacted.
No. 712 (House Bill No. 465).
AN ACT
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, so as to authorize the recorder's, mayor's, or police court in any municipality authorized to enforce Article 2 of Chapter 8 of Title 40, known as the "Georgia Motor Vehicle Emissions Inspection and Maintenance Act," to have jurisdiction over offenses of operating a responsible motor vehicle without a certificate of emission; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipality; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide that no municipality is authorized to impose a fine in excess of the limits set forth in Code Section 40-8-161; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, is amended by adding at the end thereof a new Code Section 36-32-8, to read as follows:
"36-32-8. (a) The recorder's, mayor's, or police court of each municipality of each county required to comply with Article 2 of Chapter 8 of Title 40, known as the 'Georgia Motor Vehicle Emissions Inspection and Maintenance Act,' is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section 40-8-161 of operating a responsible motor vehicle
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without a certificate of emission inspection, if the offense occurred within the corporate limits of such municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c) Any defendant charged with a misdemeanor under Code Section 40-8-161 in a recorder's, mayor's, or police court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine in excess of the limits set forth in Code Section 40-8-161."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
MUNICIPAL CORPORATIONS -- CORPORATE, RECORDER'S, MAYOR'S, AND POLICE COURTS;
PENALTIES; COMMUNITY SERVICE WORK.
Code Section 36-32-5 Amended.
No. 713 (House Bill No. 474).
AN ACT
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, record-
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ers', mayors', or police courts, so as to authorize recorders', mayors', and police courts to sentence persons convicted of offenses against the laws of the municipal corporations in which such courts are located to confinement or to community service or to impose a fine, confinement, community service, or any combination thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, is amended by striking Code Section 36-32-5 in its entirety and inserting in lieu thereof a new Code Section 36-32-5 to read as follows:
"36-32-5. All recorders', mayors', and police courts having authority to try offenses against the laws of the municipal corporations in which such courts are located shall have the power and authority:
(1) To impose fines upon persons convicted of such offenses, with the alternative of other punishment allowed by law, in the event that such fines are not paid;
(2) To sentence such person to community service work; or
(3) To impose a sentence consisting of any combination of the penalties 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 10, 1985.
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MUNICIPAL CORPORATIONS -- WATER AND SEWAGE SYSTEMS; CHARGES.
Code Section 36-34-5 Amended.
No. 714 (House Bill No. 501).
AN ACT
To amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, so as to authorize municipal corporations to prescribe, revise, and collect rates, fees, tolls, or charges for services, facilities, or commodities of water or sewage systems made available to persons residing within the boundaries of the municipality; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, is amended by striking Code Section 36-34-5, relating to acquisition and construction of water and sewage systems, and inserting in lieu thereof a new Code Section 36-34-5 to read as follows:
"36-34-5. In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter:
(1) To acquire by gift, by purchase, or by the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, within the municipal corporation;
(2) To acquire by gift, by purchase, or by the exercise of the right of eminent domain any lands, easements, rights in lands, and water rights in connection therewith;
(3) To operate and maintain any such systems for its own use and for public and private persons within the territorial boundaries of the municipal corporation who use the system or to whom the system is made available at the property owned by such persons; and
kit?* mmMM @HgS 811
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished to persons or users or made available by such systems to the property owner at such owner's property. When services are available but not used, the maximum rates, fees, tolls or other charges imposed shall not exceed the minimum charge or fee imposed on a user of such system."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION -- "PRIVATE CARRIER" REDEFINED; TRANSPORTATION OF
HAZARDOUS MATERIALS.
Code Section 46-1-1 Amended.
No. 715 (House Bill No. 507).
AN ACT
To amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions generally with respect to public utilities and public transportation, so as to change the definition of the term "private carrier"; to provide that certain motor vehicles which transport hazardous materials shall be subject to certain safety regulations promulgated by the Public Service Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions generally with respect
GEORGIA LAWS 1985 SESSION
1395
to public utilities and public transportation, is amended by striking in its entirety subparagraph (D) of paragraph (11) and inserting in lieu thereof a new subparagraph (D) to read as follows:
"(D) Except for the motor vehicles excluded under subparagraph (C) of this paragraph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term 'hazardous materials' is defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included within the meaning of the term 'private carrier.' "
Section 2. This Act shall become effective upon its approval by 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 10, 1985.
MEDICAL ASSISTANCE BENEFITS -- OBTAINING THROUGH FALSE STATEMENTS OR FRAUD.
Code Section 49-4-146.1 Amended.
No. 716 (House Bill No. 543).
AN ACT
To amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to obtaining or attempting to obtain medical assistance benefits or payments through false representation and fraud, so as to provide for definitions; to authorize the Department of Medical Assistance to take certain actions
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GENERAL ACTS AND RESOLUTIONS, VOL. I
regarding providers and persons having certain interests relating thereto if such entities or individuals are convicted of certain offenses; to provide for reinstatement; to 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 49-4-146.1 of the Official Code of Georgia Annotated, relating to obtaining or attempting to obtain medical assistance benefits or payments through false representation and fraud, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this Code section, the term:
(1) 'Agent' means any person who has been delegated the authority to obligate or act on behalf of a provider.
(2) 'Convicted' means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending.
(3) 'Indirect ownership interest' means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity.
(4) 'Managing employee' means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-today operation of the institution, organization, or agency.
(5) 'Person' means any person, firm, corporation, partnership, or other entity.
(6) 'Person with an ownership or control interest' means a person who:
(A) Has ownership interest totalling 5 percent or more in a provider;
GEORGIA LAWS 1985 SESSION
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(B) Has an indirect ownership interest equal to 5 percent or more in a provider;
(C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider;
(D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider.
(E) Is an officer or director of a provider that is organized as a corporation; or
(F) Is a partner in a provider entity that is organized as a partnership.
(7) 'Provider' means an actual or prospective provider of medical assistance under this chapter."
Section 2. Said Code section is further amended by adding new subsections (f) and (g) to read as follows:
"(f) The department may refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or terminate the participation of any provider if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been convicted of:
(1) Violating subsection (b) of this Code section; or
(2) Committing any other criminal offense related to any program administered under Titles XVIII, XIX, or XX of the Social Security Act of 1935, as amended.
In making a decision pursuant to this subsection, the department shall consider the facts and circumstances of the specific case, including but not limited to the nature and severity of the crime and the extent to which it adversely affected beneficiaries and the program involved.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) The department shall reinstate a provider whose participation in the medical assistance program was terminated pursuant to subsection (f) of this Code section if the conviction upon which the termination was based is reversed or vacated."
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 10, 1985.
ALCOHOLIC BEVERAGES -- SALES TO UNDERAGED PERSONS; COUNTIES AND MUNICIPALITIES TO NOTIFY
DEPARTMENT OF REVENUE OF VIOLATIONS.
Code Section 3-3-2.1 Enacted.
No. 717 (House Bill No. 558).
AN ACT
To amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages, generally, so as to require counties and municipalities to notify the Department of Revenue whenever the holder of any local permit or license to manufacture, distribute, or sell alcoholic beverages violates any state law or local ordinance relating to the sale of alcoholic beverages to underage persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 1985 SESSION
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Section 1. Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages, generally, is amended by adding between Code Section 3-3-2 and Code Section 3-3-3 a new Code Section 3-32.1 to read as follows:
"3-3-2.1. Whenever any county or municipality which issues permits or licenses authorizing the manufacture, distribution, or sale of alcoholic beverages is made aware of the fact that the holder of any such permit or license has been convicted of violating paragraph (1) of subsection (a) of Code Section 3-3-23, prohibiting the furnishing of alcoholic beverages to underage persons, or takes any action against the holder of any such permit or license for violating any state law or local ordinance relating to the sale of alcoholic beverages to underage persons, the county or municipality shall notify the Revenue Department of such violation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
INSURANCE -- FEES; SERVICE OF PROCESS ON FOREIGN, ALIEN, AND UNAUTHORIZED INSURERS; ORIGINAL
CERTIFICATES OF AUTHORITY; CHARTER DOCUMENTS.
Code Title 33, Chapters 4, 5, 8, and 15 Amended.
No. 718 (House Bill No. 560).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change certain fees charged for service of process on foreign, alien, and unauthorized insurers; to change the fees charged for filing an appli-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
cation for an original certificate of authority and for the issuance of an original certificate of authority; to change the fees charged for filing charter documents and amendments to charter documents or bylaws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking subsection (a) of Code Section 33-4-4, relating to service of legal process on foreign or alien insurers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to other methods of service provided by law, a foreign or alien insurer may be served with legal process by service of duplicate copies of the legal process on the agent for service designated under Code Section 334-3 or upon the Commissioner. At the time of service the plaintiff shall pay the Commissioner $15.00, taxable as cost in the action. Upon receiving such service the Commissioner shall promptly forward a copy of such service by registered or certified mail to the person last so designated by the insurer to receive the same."
Section 2. Said title is further amended by striking subsection (d) of Code Section 33-5-34, relating to venue of actions against unauthorized insurers and service of process, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Duplicate copies of legal process against the insurers shall be served upon the Commissioner and at time of service the plaintiff shall pay the Commissioner $15.00, taxable as costs in the action. The Commissioner shall immediately mail one copy of the process so served to the person designated by the insurer in the policy for the purpose, by registered or certified mail with return receipt requested."
Section 3. Said title is further amended by striking subsection (b) of Code Section 33-5-53, relating to service of action and process upon the Insurance Commissioner, in its entirety
GEORGIA LAWS 1985 SESSION
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and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At the time of such service, the plaintiff shall pay the Commissioner the sum of $15.00, which shall be taxable as cost. The Commissioner shall immediately mail by registered or certified mail one of the copies of such action and process to the defendant at his last known principal place of business and shall keep a record of all process so served upon him. Such service is sufficient, provided that notice of the service and a copy of the action and process are sent within 15 days thereafter by registered or certified mail by plaintiff or plaintiff's attorney to the defendant at his last known principal place of business; and the defendant's receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with service as provided in this Code section are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear or within such further time as the court may allow."
Section 4. Said title is further amended by striking paragraphs (1) and (2) of Code Section 33-8-1, relating to fees and charges paid to the Insurance Commissioner, in their entirety and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) Certificate of authority:
(A) Filing application for original cer-
tificate of authority, including
the filing with the Commis-
sioner of all documents inciden-
tal thereto
$ 100.00
(B) Issuance of original certificate of
authority
25.00
(C) Reinstatement fee (not applicable to annual renewals in ordinary course)
50.00
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Charter documents:
(A) For filing with the Commissioner of other charter documents not filed in connection with application for certificate of authority...........
25.00
(B) Filing with the Commissioner am-
endment to charter documents or
to bylaws
25.00"
Section 5. Said title is further amended by striking subsection (a) of Code Section 33-8-3, relating to the license fees of insurance companies generally, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each and every insurance company, domestic, foreign, or alien, carrying on an insurance business in Georgia shall pay to the Commissioner, annually in advance, on or before July 1, a license fee in the sum of $400.00, which payment shall be in lieu of all other license fees of said companies. Foreign companies entering the state and domestic companies beginning business at any time during the license year as fixed by this Code section shall pay said license fee in full for the remaining portion of that license year, provided local fire insurance companies known as farmers' mutual fire insurance companies as defined in Chapter 16 of this title shall pay an annual fee of $25.00."
Section 6. Said title is further amended by striking Code Section 33-15-7, relating to annual licenses and fees of fraternal benefit societies, in its entirety and inserting in lieu thereof a new Code Section 33-15-7 to read as follows:
"33-15-7. The licenses of all societies shall be subject to annual renewal and shall expire on June 30 of the succeeding year unless renewed. A license so issued shall continue in full force and effect until a new license is issued or specifically refused. For each license or renewal, the society shall pay to the Commissioner the sum provided in Code Section 33-8-3 for the annual license fee of an insurance company. A duly certified copy or duplicate of the license shall be prima-facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter."
GEORGIA LAWS 1985 SESSION
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Section 7. Said title is further amended by striking subsection (b) of Code Section 33-15-23, relating to service of process against a fraternal benefit society and appointment of the Commissioner to receive process, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Service shall only be made upon the Commissioner or, if absent, upon the person in charge of his office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the Commissioner, he shall immediately forward one of the duplicate copies by registered or certified mail, prepaid, directed to the secretary or corresponding officer. No service in that manner shall require a society to file its answer, pleading, or defense in less than 30 days from the date of mailing the copy of the service to a society. Legal process shall not be served upon a society except in the manner provided in this Code section. At the time of serving any process upon the Commissioner, the plaintiff or complainant in the action shall pay to the Commissioner a fee of $15.00."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
ALCOHOLIC BEVERAGES -- FARM WINERIES; SALES; IMPORTATION OF WINE IN BULK; TAXATION.
Code Section 3-6-21.1 Amended.
No. 719 (House Bill No. 567).
AN ACT
To amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, so
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GENERAL ACTS AND RESOLUTIONS, VOL. I
as to provide for sales by farm wineries at retail; to provide for sales by farm wineries at wholesale; to provide for importation of wine in bulk by farm wineries; to provide for taxation of wine imported in bulk by farm wineries; to regulate the quality control of wines produced by farm wineries in this state; to aid in the exercise of the police power; to promote temperance; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, is amended by striking subsections (b), (c), and (d) of said Code section in their entirety and substituting in lieu thereof new subsections (b), (c), and (d) to read as follows:
"03) The commissioner may authorize any licensee which is a farm winery to sell its wine at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises and to sell its wine at retail in tasting rooms at five additional locations in the state but only if the annual production of wine by the farm winery is made in Georgia from at least the following percentages of Georgia grown agricultural products during the years of production provided below:
(1) First-year production:
Ten percent from Georgia grown berries, fruits, or grapes
(2) Second-year production: Twenty percent from Georgia grown berries, fruits, or grapes
GEORGIA LAWS 1985 SESSION
1405
(3) Third-year production:
Thirty percent from Georgia grown berries, fruits, or grapes
(4) Fourth-year production and thereafter:
Forty percent from Georgia grown berries, fruits, or grapes
(c) (1) Except as provided in paragraph (2) of this subsection, the commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per year of its wine at wholesale within the state but only if the annual production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products.
(2) The commissioner shall not authorize any licensed farm winery to sell its wine at wholesale as provided in paragraph (1) of this subsection, unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler. If such wholesaler does not accept the farm winery's product within 30 days of such offer, the provisions of paragraph (1) of this subsection shall apply.
(d) (1) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk, in accordance with regulations of the commissioner, to other farm winery licensees inside the state and shall be authorized to acquire and receive deliveries and shipments of wine made by farm winery licensees inside the state.
(2) A farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 20 percent of its annual production,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
provided that the farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner.
(3) Any wine received in bulk pursuant to paragraph (2) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6."
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 April 10, 1985.
CONTINUANCES IN CIVIL AND CRIMINAL PROCEEDINGS -- ATTENDANCE AT MEETINGS OF THE STATE BOARD
OF EDUCATION.
Code Sections 9-10-151 and 17-8-29 Amended.
No. 720 (House Bill No. 584).
AN ACT
To amend Code Section 9-10-151 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Education; to am-
GEORGIA LAWS 1985 SESSION
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end Code Section 17-8-29 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-10-151 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 9-10-151 to read as follows:
"9-10-151. Should any member of the Board of Regents of the University System of Georgia or any member of the State Board of Education be engaged, at the time of any meeting of the board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or continuance of the case until the session of the board has come to an end."
Section 2. Code Section 17-8-29 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 17-8-29 to read as follows:
"17-8-29. Should any member of the Board of Regents of the University System of Georgia or any member of the State Board of Education be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the member's absence to attend the session shall be good ground for a postponement or continuance of the case until the session of the board has ended."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
STATE PROPERTIES COMMISSION -- AMENDMENTS TO EXISTING LEASES; SUBMISSION TO THE GENERAL ASSEMBLY.
Code Section 50-16-34 Amended.
No. 721 (House Bill No. 617).
AN ACT
To amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, so as to change certain provisions relating to the power of the State Properties Commission to submit to the General Assembly amendments to existing leases of property which will enable the State Properties Commission to submit lease amendments in which the property leased and the term (duration) are greater than the property described in or term (duration) of the leases as first executed; to 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 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, is amended by striking paragraph (12) in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) Negotiate and prepare for submission to the General Assembly amendments to any existing lease, which
GEORGIA LAWS 1985 SESSION
1409
amendments shall not, for the purposes of paragraph (4) of this Code section and Code Section 50-16-39, be interpreted as lease proposals or proposals to lease, provided:
(A) That the lessee of the lease as it is to be amended shall be either the lessee, a successor, an assignee, or a sublessee as to all or a portion of the property described in the lease as first executed or as heretofore amended; and
(B) That unless otherwise provided in the lease as first executed or as heretofore amended:
(i) The commission shall prepare each amendment in at least four counterparts all of which shall immediately be signed by the lessee, whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. The signing shall constitute an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as provided in this Code section. A resolution containing an exact copy of the amendment, or to which an exact copy of the amendment is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or, if not in regular session at such time, at the next regular session of the General Assembly. The resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill;
(ii) If either the House of Representatives or the Senate fails to adopt (pass) the resolution during the regular session by a constitutional majority vote in each house, the offer shall be considered rejected by the General Assembly;
(iii) If the resolution is adopted (passed) during the regular session by a constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, the offer shall be considered rejected by the Governor; and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(iv) If the resolution is adopted (passed) during the regular session by a constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, whenever in the judgment of the chairman of the commission all of the precedent terms and conditions of the amendment and the resolution, if there are any, have been fulfilled or complied with, the chairman of the commission, in his capacity as Governor of the state, shall execute and deliver to the lessee the amendment for and on behalf of and in the name of the state. The Governor's signature shall be attested by the secretary of the commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the state to the amendment; and
(v) On or before December 31 in each year the Executive Director of the State Properties Commission shall submit a report describing all amendments negotiated during that year or under negotiation at the date of the report, to the Chairman of the Public Utilities Committee of the Senate and the State Institutions and Property Committee of the House."
Section 2. This Act shall become effective upon its approval by 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 10, 1985.
GEORGIA LAWS 1985 SESSION
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INCOME TAX -- WITHHOLDING EXEMPTION CERTIFICATES; SUBMISSION TO THE STATE REVENUE
COMMISSIONER; DEFECTIVE CERTIFICATES.
Code Section 48-7-102.1 Enacted.
No. 722 (House Bill No. 624).
AN ACT
To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment and collection of income tax at the source, so as to authorize the state revenue commissioner to promulgate rules and regulations setting out circumstances under which employers shall be required to submit to the commissioner copies of income tax withholding exemption certificates received from their employees; to authorize the commissioner to promulgate rules and regulations establishing a procedure by which the commissioner may notify an employer and the employee that an income tax withholding exemption certificate shall be considered defective for purposes of income tax withholding; to authorize the commissioner to promulgate rules and regulations establishing a procedure by which the commissioner may specify to an employer the basis upon which amounts of income tax withholding are to be computed after an income tax withholding exemption certificate has been determined to be defective; to provide for application to agents of employers; 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 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated is amended by adding a new Code Section 48-7-102.1 to read as follows:
"48-7-102.1. (a) The commissioner shall have the power to make and publish reasonable rules and regulations:
(1) Setting forth circumstances under which an employer shall be required to submit to the commissioner copies of withholding exemption certificates furnished to the employer by his employees;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Establishing a procedure by which the commissioner may notify an employer and employee that any withholding exemption certificate which has been submitted to the commissioner shall be considered defective for purposes of computing amounts of withholding under this article;
(3) Establishing a procedure by which the commissioner may, after a withholding exemption certificate submitted to him has been determined to be defective, specify to an employer the basis upon which amounts of withholding under this article are to be computed; and
(4) Governing any and all other matters reasonably considered by the commissioner to be appropriate in addressing those matters set forth in paragraphs (1) through (3) of this subsection.
(b) For purposes of rules and regulations promulgated under the authority of subsection (a) of this Code section, the term 'employer* may be defined by the commissioner to include an individual authorized by an employer to receive withholding exemption certificates, to make withholding computations, or to make payroll distributions.
(c) Nothing in this Code section shall be construed to deny additional withholding allowances to an employee who can show that he will have large itemized deductions, deductible alimony payments, moving expenses, employee business expenses, retirement contributions, net losses, or tax credits."
Section 2. This Act shall become effective upon its approval by 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 10, 1985.
GEORGIA LAWS 1985 SESSION
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HEALTH -- KIDNEY DISEASE ADVISORY COMMITTEE; MEMBERSHIP; STAFF; PROGRAMS.
Code Sections 31-16-3, 31-16-4, and 31-16-5 Amended. No. 723 (House Bill No. 645). AN ACT
To amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients and the Kidney Disease Advisory Committee, so as to change the membership of said committee; to eliminate the position of kidney disease control officer and provide that the commissioner of human resources shall provide staff to carry out programs; to delete provisions relating to allocation of state matching funds to federal grant programs; to change the powers and duties of the commissioner with respect to care and treatment of chronic renal disease patients; 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 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients and the Kidney Disease Advisory Committee, is amended by striking Code Section 31-16-3, relating to the Kidney Disease Advisory Committee, Code Section 31-164, relating to the kidney disease control officer, and Code Section 31-16-5, relating to programs for the care of renal disease patients, and inserting in their place new Code sections to read as follows:
"31-16-3. (a) The commissioner of human resources shall appoint a Kidney Disease Advisory Committee, hereinafter referred to as KDAC, to advise the department in the administration of this chapter. The KDAC shall recommend priorities and relative budgets for the various purposes of this chapter as described below.
(b) The KDAC shall consist of 15 members appointed by the commissioner as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Four members shall be appointed by the commissioner from a list of eight names submitted to him by the presidents of the medical colleges located within Georgia, both public and private, and at least one such member shall be appointed from each of the medical colleges located within Georgia;
(2) Two members shall be appointed by the commissioner from a list of four names submitted to him by the chief executive officers of the hospitals located within Georgia which provide chronic dialysis and kidney transplantation services;
(3) One member shall be appointed by the commissioner from a list of two names submitted to him by the Medical Association of Georgia, and one member shall be appointed by the commissioner from a list of two names submitted to him by the Georgia State Medical Association;
(4) One member shall be appointed by the commissioner from a list of two names submitted to him by the Kidney Foundation of Georgia;
(5) One member shall be appointed by the commissioner from a list of two names submitted to him by the Georgia Claims Association and the Health Insurance Council;
(6) One member shall be appointed by the commissioner from a list of two names submitted to him by the director of the Division of Rehabilitation Services of the Department of Human Resources; and
(7) Four members shall be selected by the commissioner from the general public.
(c) The persons whose names are submitted to the commissioner by the medical colleges, the hospitals, the Medical Association of Georgia, and the Georgia State Medical Association shall all be physicians licensed to practice medicine under the laws of Georgia, and the persons whose names are submitted by the Medical Association of Georgia shall be actively engaged in the practice of medicine.
GEORGIA LAWS 1985 SESSION
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(d) The commissioner shall appoint members for terms such that the terms of four members shall expire each year, except that every fourth year the terms of three members shall expire, in such manner that after the initial terms all members will serve for terms of four years and until their successors are elected and qualified. In making initial appointments, the commissioner shall adjust initial terms so as to achieve the staggered terms specified by the preceding sentence. In the event of a vacancy for any reason, the commissioner shall fill said vacancy for the unexpired term in the same manner that other appointments are made.
(e) The KDAC shall meet as often as the commissioner deems necessary but not less than twice each year. The members of the KDAC shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties as members thereof.
31-16-4. The commissioner shall provide staff to carry out administration of this program including, but not limited to, consultant physicians, administrative assistants, and clerical support.
31-16-5. The commissioner, with the advice of the KDAC, shall:
(1) Develop standards for determining eligibility of patients for care and treatment under this program and set physical and medical standards for the operation of dialysis and kidney transplantation centers. When such centers meet the standards, they shall be certified by the department. Patients treated at uncertified centers shall not be eligible for state aid for their treatment; and
(2) Extend financial aid to persons suffering from chronic renal diseases to enable them to obtain the medical, nursing, pharmaceutical, and technical services necessary in caring for such diseases, including the provision of home dialysis equipment or expenses in obtaining organs for transplantation, or both. Criteria and procedures for financial aid will be developed by the department."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA MAGISTRATE COURTS TRAINING ACT -- TRAINING REQUIREMENTS FOR MAGISTRATES WHO ARE ATTORNEYS.
Code Sections 15-10-131 and 15-10-137 Amended.
No. 724 (House Bill No. 653).
AN ACT
To amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, known as "The Georgia Magistrate Courts Training Council Act," so as to provide exemptions from such Act for certain magistrates who are active members of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, known as "The Georgia Magistrate Courts Training Council Act," is amended by striking paragraph (1) of Code Section 15-10-131, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
GEORGIA LAWS 1985 SESSION
1417
"(1) 'Certified magistrate' means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council or a magistrate judge who is exempt from such training by subsection (d) of Code Section 15-10-137."
Section 2. Said article is further amended by adding at the end of Code Section 15-10-137, relating to training requirements of certified magistrates, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this article, any magistrate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by this Code section, but shall thereafter be required to attend the annual training required by subsection (c) of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
DEATH CERTIFICATES -- DEATH OUTSIDE THE COUNTY OF RESIDENCE; NOTIFICATION OF VOTER REGISTRATION OFFICERS.
Code Section 31-10-15 Amended.
No. 725 (House Bill No. 659). AN ACT
To amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates, so as
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GENERAL ACTS AND RESOLUTIONS, VOL. I
to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers; to provide for practices and procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) When death occurs on or after July 1, 1985, in a county other than the county of the residence of the deceased person, a copy of such person's death certificate shall be forwarded as soon as practicable by the department to the custodian of records of the county of the residence of such deceased person. The custodian of records shall file such death certificate as a part of the permanent records of his office. Not later than August 1 of each year, the custodian of records of the county shall furnish to the voter registration officer of the county a list of those persons for whom death certificates have been filed during the preceding 12 month period ending on the thirtieth day of June. Such list shall be used by the local registration officer for the purpose of purging the voter registration list of the county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1419
BARBERS -- LICENSES; MILITARY INSTALLATIONS IN GEORGIA; TEACHING; APPRENTICES. Code Title 43, Chapter 7 Amended. No. 726 (House Bill No. 679). AN ACT
To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that any person who has actively engaged in the practice of barbering on a military installation in Georgia for a certain period shall be eligible to receive a license to practice barbering under certain conditions; to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering; to change the requirements for a license to practice barbering as an apprentice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by adding between Code Sections 43-7-11 and 43-7-12 a new Code Section 43-7-11.1 to read as follows:
"43-7-11.1. Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of barbering on a military installation in Georgia for three years prior to the effective date of this paragraph shall be eligible to receive a license to practice barbering upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985."
Section 2. Said chapter is further amended by adding after Code Section 43-7-12 a new Code Section 43-7-12.1 to read as follows:
"43-7-12.1. A barbershop licensed pursuant to this chapter shall be authorized to employ a cosmetologist, mani-
B
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GENERAL ACTS AND RESOLUTIONS, VOL. I
curist, esthetician, or shampooer licensed under Chapter 10 of this title without that barbershop being required to be licensed as a beauty shop or salon under said Chapter 10."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-7-13, relating to requirements for license to teach barbering, and inserting in lieu thereof a new Code Section 43-7-13 to read as follows:
"43-7-13. A license to teach barbering shall be issued to any person who:
(1) Is a high school graduate or its equivalent;
(2) Has held a barber license for at least two consecutive years immediately preceding application for a license to teach barbering;
(3) Has completed a teacher's training course as prescribed by the board which requires 750 hours from a board approved school; and
(4) Satisfactorily passes a written and practical examination prepared or approved by the board."
Section 4. Said chapter is further amended by adding after Code Section 43-7-13 a new Code Section 43-7-13.1 to read as follows:
"43-7-13.1. A person certified by the State Department of Education to teach barbering in the public schools may obtain a license to teach barbering without meeting the requirements of Code Section 43-7-13 if that person:
(1) Holds a current barber license at the master level;
(2) Holds a diploma or certificate indicating completion of 1,500 credit hours from a board approved school;
(3) Has completed the three-year teacher training program required by the State Department of Education; and
GEORGIA LAWS 1985 SESSION
1421
(4) Has satisfactorily passed an examination prepared or approved by the board."
Section 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-7-16, relating to license to practice barbering as an apprentice, and inserting in lieu thereof the following:
"(1) Evidence that he will practice under the supervision of a licensed barber with at least 18 months' experience in the practice of barbering; and".
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
ABORTION -- DISPOSAL OF HUMAN FETUSES.
Code Section 16-12-141.1 Enacted.
No. 727 (House Bill No. 683).
AN ACT
To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require that aborted human fetuses be disposed of in a dignified and sanitary manner; to impose certain reporting requirements; to provide penalties for violations; 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 16 of the Official Code of Georgia Annotated, relating to abortion, is amended
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GENERAL ACTS AND RESOLUTIONS, VOL. I
by adding a new Code Section 16-12-141.1, immediately following Code Section 16-12-141, to read as follows:
"16-12-141.1. (a) (1) Every hospital and clinic in which abortions are performed or occur spontaneously, and any laboratory to which the aborted fetuses are delivered, shall provide for the disposal of the aborted fetuses by cremation, interment, or other manner approved of by the commissioner of human resources. The hospital, clinic, or laboratory may complete any laboratory tests necessary for the health of the woman or her future offspring prior to disposing of the aborted fetus.
(2) Each hospital, clinic, and laboratory shall report on a form of the type and confidentiality provided for in subsection (d) of Code Section 16-12-141 and provided by the commissioner of human resources the manner in which it disposes of the aborted fetus. Such reports shall be made annually by December 31 and whenever the method of disposal changes. The commissioner of human resources shall provide forms for reporting under this Code section.
(b) Any hospital, clinic, or laboratory violating the provisions of subsection (a) of this Code section shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1423
STATE PROPERTIES COMMISSION -- POWERS. Code Section 50-16-34 Amended. No. 728 (House Bill No. 703). AN ACT
To amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, so as to authorize the commission to perform all terms, satisfy all conditions, fulfill all requirements, discharge all obligations, and otherwise implement certain dispositions of real property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, is amended by striking paragraphs (14) and (15) and inserting in lieu thereof new paragraphs (14), (15), and (16), respectively, to read as follows:
"(14) Do all things and perform all acts necessary or convenient to carry out the powers and fulfill the duties given to the commission in this article;
(15) Perform all terms including, but not limited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all leases or contracts of sale of the property which provide that the commission is empowered to act or shall act for and on behalf of the state (lessor or seller) and which leases or contracts of sale have heretofore been approved and adopted (passed) or authorized by a resolution of the General Assembly or which leases or contracts of sale may be approved and adopted (passed) or authorized by a resolution of the General Assembly with the latter resolution being approved by the Governor; and
(16) Perform all terms, satisfy all conditions, fulfill all requirements, discharge all obligations, and otherwise imple-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ment the disposition of real property for and on behalf of the state when the General Assembly so provides in any enactment, including Acts or resolutions, authorizing or directing a disposition of real property of the state or of any instrumentality of the state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
STATE PROPERTY -- CONVEYANCES FILED WITH THE SECRETARY OF STATE; VARIANCE OF FILING REQUIREMENTS.
Code Section 50-16-122 Amended.
No. 729 (House Bill No. 704).
AN ACT
To amend Code Section 50-16-122 of the Official Code of Georgia Annotated, relating to requirements for real property acquired or disposed of by the state, so as to provide that the General Assembly may vary or authorize the variance of the requirements of paragraph (4) of subsection (b) of Code Section 50-16-122 in certain enactments authorizing or directing a disposition of real property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-16-122 of the Official Code of Georgia Annotated, relating to requirements for real property acquired or disposed of by the state, is amended by striking paragraph (4) of subsection (b) and inserting in lieu thereof a new paragraph (4) to read as follows:
GEORGIA LAWS 1985 SESSION
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"(4) (A) The original of any conveyance disposing of real property, except a resolution of the General Assembly, shall be filed in the office of the Secretary of State before being recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the Secretary of State for filing, it shall be accompanied by a plat of the real property conveyed, and the Secretary of State shall cause the conveyance and plat to be duplicated. The duplicate of the conveyance and plat shall be indexed and retained by the Secretary of State as a part of the permanent records of his office. The original of the conveyance and plat, along with a certificate, under seal of the Secretary of State showing that the same has been filed in his office, shall be returned to the purchaser of the real property. Upon receiving the original of the conveyance and plat and certificate of the Secretary of State, the purchaser of the real property may then have the same recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located.
(B) The General Assembly may vary or authorize the variance of the requirements of subparagraph (A) of this paragraph in any enactment, including an Act or resolution, authorizing or directing a disposition of real property; and"
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
SUBSEQUENT INJURY TRUST FUND -- SELF-INSURED EMPLOYERS; BOARD OF TRUSTEES; REPORTS;
PENALTIES; NOTICES OF POSSIBLE CLAIMS; HEARINGS; SETTLEMENTS.
Code Title 34, Chapter 9, Article 9 Amended.
No. 730 (House Bill No. 764).
AN ACT
To amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that self-insured employers who are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insurers shall not be eligible for reimbursement from the Subsequent Injury Trust Fund; to change the per diem allowance of members of the board of trustees of such fund; to require annual reports of benefits paid by self-insured employers and insurers to be sent to the administrator of such fund; to provide penalties; to change certain provisions relative to reimbursement from the fund; to provide for notice of possible claims against the fund to be filed; to provide time limits for the filing of such notices; to provide that the failure of an employer or insurer to file for a hearing within a certain time limit after receipt of a formal denial for reimbursement shall constitute a bar to recovery from the fund; to authorize the administrator of the fund to enter into compromise settlements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended by adding after Code Section 34-9-351, relating to definitions used in Article 9, and before Code Section 34-9-352, relating to the creation and authority of the Subsequent Injury Trust Fund, a new Code Section 34-9-351.1 to read as follows:
"34-9-351.1. Employers which are self-insured with regard to workers' compensation benefits but which are not
GEORGIA LAWS 1985 SESSION
1427
authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insured employers shall not be eligible for reimbursement from the Subsequent Injury Trust Fund."
Section 2. Said article is further amended by striking subsection (c) of Code Section 34-9-356, relating to the expenses and per diem allowance of members of the board of trustees, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The members of the board of trustees shall receive a per diem for each day that the board of trustees is in session which is equal to the per diem allowance paid to members of the General Assembly. The per diem allowance of the members of the board of trustees shall be paid from the operating budget of the administrator."
Section 3. Said article is further amended by striking Code Section 34-9-359, relating to the assessment under the fund constituting a debt of the employer and collection proceedings for assessments, in its entirety and inserting in lieu thereof a new Code Section 34-9-359 to read as follows:
"34-9-359. (a) As soon as practicable after January 1 but not later than January 31 of each calendar year, the administrator shall forward to each insurer and self-insured employer a questionnaire asking for the total amount of compensation, medical benefits, and rehabilitation benefits paid by each insurer and self-insured employer during the preceding calendar year. This report is to be completed and returned to the administrator no later than March 1 of the same calendar year in which the request for this information is submitted. Failure to submit the report to the administrator of the fund by March 1 shall result in an automatic penalty of $50.00 per day for each day the report is delinquent or 10 percent of the assessment, whichever is greater. This penalty will be added to the assessment.
(b) Any assessment levied or established in accordance with this article in a specified amount as may be determined pursuant to this article shall constitute a personal debt of every employer or insurer so assessed and shall be due and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
payable to the Subsequent Injury Trust Fund when payment is called for by the administrator. In the event of failure to pay any assessment upon the date determined by the administrator, the administrator may file a complaint for collection against the employer or insurer in a court of competent jurisdiction.
(c) In the event any employer or insurer duly assessed fails to pay to the administrator on behalf of the Subsequent Injury Trust Fund the amount so assessed on or before the date specified by the administrator, the administrator is authorized to add to the unpaid assessment an amount not exceeding 10 percent of the unpaid assessment and reasonable attorney's fees to defray the cost of enforcing collection."
Section 4. Said article is further amended by striking Code Section 34-9-360, relating to the reimbursement of the employer or insurer for subsequent injury compensation, in its entirety and inserting in lieu thereof a new Code Section 34-9-360 to read as follows:
"34-9-360. (a) If an employee who has a permanent impairment incurs a subsequent injury or disease arising out of and in the course of employment, which subsequent injury results in liability for the disability arising from merger of the subsequent injury with the preexisting permanent impairment, the employer or insurer shall in the first instance pay all compensation provided by this chapter. The employer or insurer shall be reimbursed from the Subsequent Injury Trust Fund for all weekly income benefits payments payable after 104 weeks of payment.
(b) An employer or insurer who has paid medical and rehabilitation expenses on behalf of the employee who comes under this article shall be entitled to reimbursement from the fund on the following basis:
(1) Fifty percent reimbursement of all medical and rehabilitation expenses which exceed $5,000.00 but do not exceed $10,000.00;
(2) One hundred percent reimbursement of all medical and rehabilitation expenses paid which exceed $10,000.00.
GEORGIA LAWS 1985 SESSION
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(c) As a prerequisite to reimbursement from the fund, the insurer shall be required to certify that the medical and indemnity reserves have been reduced to the threshold limits of reimbursement.
(d) When the same employer in a claim accepted by the fund for reimbursement returns the injured worker to work with the same employer, the employer shall not be subject to further indemnity or medical deductibles in the event the employee suffers a new accident that merges with the same prior impairment that previously resulted in fund acceptance of the prior reimbursement claim. This provision does not apply if the employee returns to work for a different employer or there has been a break in service by the employee.
(e) As a prerequisite to reimbursement from the fund, there must be evidence of payment of workers' compensation benefits in accordance with Code Section 34-9-221 or an award of the State Board of Workers' Compensation directing the employer to pay weekly income benefits as a result of the subsequent injury."
Section 5. Said article is further amended by striking Code Section 34-9-362, relating to notice given by the employer or insurer of a claim against the fund, in its entirety and inserting in lieu thereof a new Code Section 34-9-362 to read as follows:
"34-9-362. (a) An employer or insurer shall notify the administrator of the fund of any possible claim against the fund as soon as practicable, but in no event later than 78 calendar weeks following the injury or the payment of an amount equivalent to 78 weeks of income or death benefits, whichever occurs last.
(b) In those claims where the employer or insurer is contemplating filing against the fund, the claim must be filed in accordance with the requirements of subsection (a) of this Code section prior to the final settlement of the claim.
(c) Failure to comply with the provisions of subsections (a) and Ob) of this Code section will constitute a bar to recovery from the Subsequent Injury Trust Fund."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. Said article is further amended by adding at the end of Code Section 34-9-363, relating to the approval of agreements for reimbursement from the Subsequent Injury Trust Fund, two new subsections (c) and (d) to read as follows:
"(c) Failure of an employer or insurer to file for a hearing with the State Board of Workers' Compensation within 90 days after the receipt of a formal denial from the Subsequent Injury Trust Fund shall constitute a bar to recovery from the fund.
(d) The administrator, under the policy or rules and regulations of the board of trustees, shall have the authority to enter into compromise settlements."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
ELECTIONS -- FILLING VACANCIES OF CANDIDATES NOMINATED AT PRIMARIES OR NONPARTISAN PRIMARIES OR NOMINATED BY OTHER MEANS.
Code Sections 21-2-134 and 21-2-155 Amended.
No. 731 (House Bill No. 822).
AN ACT
To amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, so as to provide for the manner of filling vacancies for a candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary;
GEORGIA LAWS 1985 SESSION
1431
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 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, is amended by striking Code Section 212-134, relating to substitute nominations to fill vacancies in party nominations, in its entirety and substituting in lieu thereof a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner:
(1) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive com-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
mittee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-third's majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose;
(2) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomina-
tion made by the state executive committee or a subcommittee thereof appointed for that purpose; and
(3) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any
of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are
active in the party; persons who are present or former
officials of the party; persons who presently hold political
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GENERAL ACTS AND RESOLUTIONS, VOL. I
office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult.
(c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the death or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.
(d) If the death or disqualification of a candidate for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the office shall be filled by a special primary and special election as provided in Code Section 21-2-540.
(e) In the event a candidate dies or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 42 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and
GEORGIA LAWS 1985 SESSION
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(2) If the vacancy occurs within 42 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election.
(f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths."
Section 2. Said article is further amended by striking Code Section 21-2-155, relating to reopening of qualifications for office in the event of a vacancy prior to a political party primary and in the event of a vacancy in a nonpartisan primary, in its entirety and substituting in lieu thereof a new Code Section 21-2-155 to read as follows:
"21-2-155. (a) In the event of the death of a candidate prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days.
(b) In the event of the death of a candidate prior to the date of a nonpartisan primary, the Secretary of State
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shall reopen qualifications for the state office and the election superintendent shall reopen qualifications for the county office sought by the deceased candidate for a period of not less than one nor more than three days."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
UNIFORM PARTNERSHIP ACT -- OWNERSHIP OF REAL PROPERTY; DISSENTING STATEMENTS;
INDEMNIFICATION RIGHTS; DISSOLUTION; CREDITORS.
Code Title 14, Chapter 8 Amended.
No. 732 (House Bill No. 887).
AN ACT
To amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," as contained in Ga. L. 1984, p. 1439, and which will become effective April 1, 1985, so as to change provisions relating to statements of the ownership of real property in partnership statements; to expand certain presumptions; to clarify the form of the dissenting statement; to limit the effect of the dissenting statement with respect to third parties dealing with the partnership in a situation in which the affidavit has not been recorded in every county in which a statement of partnership is on record; to provide that the partnership shall have the benefit of the protection provided by the statement of partnership against subsequent grantees; to remove the distinction between causes that are and are not "in contravention" of the partners' agreement; to cut off the indemnification rights only of the acting partner
GEORGIA LAWS 1985 SESSION
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where that partner has created a liability by acting after a dissolution of which such partner should have been aware; to maximize the flexibility of the partners concerning the consequences of dissolution; to permit predissolution creditors to reach the assets of a continued partnership on the same basis as postdissolution creditors whether or not the business is continued with the consent or assignment of a withdrawing partner or estate of a deceased partner or otherwise by right; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," as contained in Ga. L. 1984, p. 1439, and which will become effective April 1, 1985, is amended by striking subsection (a) and by striking paragraph (7) of subsection (b) and by striking subsections (f) and (g) of Code Section 14-8-10A, relating to statement of partnership generally, in their entirety and substituting in lieu thereof a new subsection (a) and a new paragraph (7) of subsection (b) and new subsections (f) and (g) to read as follows:
"(a) A statement of partnership in the name of the partnership, signed by all of the partners 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 clerk's 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.
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(7) Any property (including real property) belonging to the partnership, which the partnership desires to disclose; provided that, with respect to real property, owned by the partnership but not titled in the name of the partnership, at the time the statement (or any amendment thereto disclosing such real property) is filed, the partnership shall also file and record in the deed records of the county wherein such real property lies a deed or deeds conveying such real property to the partnership filing the statement (or amendment). Title to all real property so conveyed shall be deemed to be held in the partnership name from the date of the filing of such statement (or amendment) and deed or deeds in the county wherein such real property lies;
(f) It shall be conclusively presumed against the partnership that all facts stated in the statement of partnership are true. Without limiting the generality of the foregoing, 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, and that any partner stated to have withdrawn has withdrawn from the partnership. The conclusive presumption under this subsection or under subsection (g) of this Code section shall not arise with respect to a statement of partnership if and from the date that there is recorded by anyone claiming to be a partner, or a personal representative, whether executor, administrator, guardian, or conservator, of such partner, an affidavit, sworn to 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. Said affidavit shall not be effective to the prejudice of a person who is not a partner:
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(1) In connection with a transaction involving partnership real property, unless the affidavit was recorded in the county in which the property is located; or
(2) In connection with any other transaction if the affidavit was not recorded in a county in which the statement of partnership was recorded, the person relied on a statement of partnership recorded in such county, and the person had no knowledge or notice of the affidavit.
(g) The existence of the facts described in subsection (f) of this Code section shall be conclusively presumed in favor of the partnership and against a grantee from the partnership, or a person claiming through such grantee, 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 or person that a partner's authority to act for the partnership is limited as provided in a statement of partnership."
Section 2. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 14-8-31, relating to causation of dissolution, to read as follows:
"(c) Subject to contrary agreement of the partners, a dissolution is not in contravention of the partnership agreement if it is caused at any time by the express will of all of the partners who have not assigned their interests or suffered them to be charged for their separate debts."
Section 3. Said chapter is further amended by striking Code Section 14-8-33, relating to the limitation of authority of partner to act for dissolved partnership, in its entirety and substituting in lieu thereof a new Code Section 14-8-33 to read as follows:
"14-8-33. Except so far as may be necessary to wind up partnership 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, as declared in Code Section 14-8-34; and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) With respect to persons not partners, as declared in Code Section 14-8-35."
Section 4. Said chapter is further amended by striking Code Section 14-8-34, relating to liability of partners for actions of copartners following dissolution of partnership, in its entirety and substituting in lieu thereof a new Code Section 14-8-34 to read as follows:
" 14-8-34. Subject to contrary agreement of the partners, each partner is liable to his copartners for his share of any liability created by any partner acting for the partnership after dissolution as if the partnership had not been dissolved; provided, however, that a partner shall not be liable to the partner acting for the partnership after dissolution where:
(1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution;
(2) The dissolution being by the death of a partner, the partner acting for the partnership had knowledge or notice of the death; or
(3) The dissolution is not by the act or death of a partner."
Section 5. Said chapter is further amended by striking Code Section 14-8-38, relating to the application of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution, in its entirety and substituting in lieu thereof a new Code Section 14-8-38 to read as follows:
"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 representative 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
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 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.
(b) 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 wrongfully either in contravention 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 harmless from all present or future partnership liabilities;
(3) A partner who has caused the dissolution wrongfully shall have:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) If the business is not continued under the provisions 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 section;
(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 recoverable 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 hold him harmless from all present or future partnership liabilities; but in ascertaining the value of the partner's interest the value of the good will of the business shall not be considered."
Section 6. Said chapter is further amended by striking Code Section 14-8-41, relating to relations with creditors following admission of new partners, withdrawal of existing partners, or assignment of partnership rights to third parties, in its entirety and substituting in lieu thereof a new Code Section 148-41 to read as follows:
" 14-8-41. (a) When any partner withdraws, is expelled, or dies and the business of the dissolved partnership is continued by one or more of the partners, either alone or with others, without liquidation of the partnership affairs, creditors of the first or dissolved partnership are also creditors of the person or partnership continuing the business.
(b) 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.
(c) The liability of a third person becoming a partner in the partnership continuing the business, under this Code
GEORGIA LAWS 1985 SESSION
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section, to the creditors of the dissolved partnership shall be satisfied out of partnership property only.
(d) 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 creditors 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 partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property.
(e) Nothing in this Code section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud.
(f) 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."
Section 7. Said chapter is further amended by striking Code Section 14-8-42, relating to the continuation of business after withdrawal or death of a partner, in its entirety and substituting in lieu thereof a new Code Section 14-8-42 to read as follows:
"14-8-42. When any partner withdraws or dies, and the business is continued under any of the conditions set forth in subsection (a) 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 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
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 representative of the withdrawn or deceased partner, shall have priority on any claim arising under this Code section, as provided by subsection (g) of Code Section 14-841."
Section 8. This Act shall become effective on April 1,1985.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA FOOD ACT -- ADMINISTRATIVE PENALTIES IMPOSED BY THE COMMISSIONER OF AGRICULTURE.
Code Section 2-2-10 Amended.
No. 733 (House Bill No. 916).
AN ACT
To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Department of Agriculture, so as to change the maximum amount of administrative penalties which may be imposed by the Commissioner of Agriculture for violations of the "Georgia Food Act"; to provide that in such cases the written consent of the person to be penalized shall not be required; to provide
GEORGIA LAWS 1985 SESSION
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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 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Department of Agriculture, is amended by striking Code Section 2-2-10, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
"2-2-10. (a) In any proceeding before the Commissioner involving a license, certificate, or registration issued by the Commissioner or a violation of the laws administered and enforced by the Commissioner and the rules and regulations promulgated thereunder, after notice, hearing, and a determination by him as provided by law that there are sufficient grounds to revoke, suspend, or cancel the license, certificate, or registration involved or to take any other action authorized by law in regard to the violation in question, the Commissioner may impose a reasonable penalty for each offense in lieu of a revocation, suspension, cancellation, or other authorized action. Except as provided in subsection (b) of this Code section, such a penalty shall be imposed only with the consent of the affected party; and except as provided in subsection (b) of this Code section, the amount of any such penalty shall not exceed $1,000.00.
(b) In any case subject to this Code section which involves a violation or attempted violation of the 'Georgia Food Act,' Article 2 of Chapter 2 of Title 26, the maximum penalty shall not exceed the greater of $1,000.00 or the amount of gain realized or sought to be realized through such violation, but in no event shall such penalty exceed $20,000.00; and in any case involving a violation or attempted violation of the 'Georgia Food Act,' the written consent of the person against whom the penalty is to be imposed shall not be required."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
CIVIL PRACTICE -- RENEWAL OF CIVIL CASES AFTER DISMISSAL; LIMITATIONS.
Code Section 9-2-61 Amended.
No. 734 (Senate Bill No. 17).
AN ACT
To amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court; to clarify that a case may be dismissed and recommenced more than once during the applicable period of limitation; 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 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, is amended by striking in its entirety subsection (a), which reads as follows:
"(a) If a plaintiff discontinues or dismisses his case and recommences the same within six months, the renewed case shall stand upon the same footing, as to limitation, with the original case. However, this privilege of dismissal and
GEORGIA LAWS 1985 SESSION
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renewal shall be exercised only once under this Code section.",
and inserting in its place a new subsection (a) to read as follows:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or, if permitted by the federal rules of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
FUNERAL DIRECTORS, EMBALMERS, AND FUNERAL ESTABLISHMENTS -- EXAMINATIONS;
QUALIFICATIONS; NATURAL CATASTROPHE; COUNTY BOARDS OF HEALTH.
Code Title 43, Chapter 18 Amended.
No. 735 (Senate Bill No. 92).
AN ACT
To amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors, embalmers, and funeral establishments, so as to change the provisions relative to examination by the board; to change the qualifications for
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GENERAL ACTS AND RESOLUTIONS, VOL. I
applicants and apprentices; to delete certain provisions relating to examination and examination papers; to change the provisions relating to the duty of the board to grant licenses to successful applicants; to establish provisions relative to funeral establishments destroyed by natural catastrophe; to change certain provisions relating to inspections by county boards of health; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors, embalmers, and funeral establishments, is amended by striking in its entirety Code Section 43-18-40, relating to application for license, and inserting in lieu thereof a new Code Section 43-18-40 to read as follows:
"43-18-40. Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not been licensed to do so shall make written application to the board through the joint-secretary for such license. Such application shall be upon such form and shall be submitted in such manner as shall be prescribed by the board, and the applicant shall pay such fee as may be fixed by the board. Before being issued a license to practice funeral directing or embalming in this state, all applicants shall pass an examination approved by the board which tests their qualifications and skill in either funeral directing or embalming, or both, as the case may be; and such examination shall be made in the manner provided in this chapter and by the board through rules and regulations."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-18-41, relating to qualifications of applicants and reciprocity, and inserting in lieu thereof a new Code Section 43-18-41 to read as follows:
"43-18-41. (a) Each applicant for a license as either an embalmer or a funeral director shall be:
(1) At least 18 years of age;
(2) 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 apprenticeship, or by a certificate of good moral character by any constitutional officer; and
(3) 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.
(b) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for an embalmer's license shall:
(1) Have successfully completed a regular course of not less than 12 months in an embalmer's college accredited by the board;
(2) Have completed, either before or after such scholastic training, a minimum of 24 months, or its equivalent on a part-time basis pursuant to appropriate rules and regulations adopted by the board, of service as a funeral service apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this state and in the same funeral establishment with the apprentice and a licensed funeral director actively engaged in the practice of funeral directing in this state and in the same establishment with the apprentice; and
(3) Furnish an affidavit from the licensed embalmer mentioned in paragraph (2) of this subsection that the applicant has assisted in embalming at least 50 bodies, giving full names of the deceased.
(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license approved by this state and shall furnish an affidavit from the licensed funeral director provided in paragraph (2) of subsection (b) of this Code section
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GENERAL ACTS AND RESOLUTIONS, VOL. I
showing that the applicant has assisted in the directing of at least 50 funerals, with the names of the deceased listed; 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 director's 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 subsection 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.
(d) Each apprentice, upon commencing his apprenticeship, shall register as an apprentice with the joint-secretary and pay such fee as may be fixed by the board. He shall notify the board immediately upon completion of his apprenticeship and, as evidence thereof, submit to the board a sworn affidavit signed by the licensed embalmer and the licensed funeral director under whom such apprenticeship was served. No individual may serve as an apprentice for more than a period of seven years.
(e) The board may, in its discretion and in accordance with regulations adopted by the board, grant to any person licensed in another state full privileges to engage in equivalent practice authorized by this article without taking an examination if:
(1) Such person is properly licensed under the law of another state; and
(2) The requirements for licensure in such other state are substantially equal to the requirements for a similar license in this state.
(f) An individual who has met the educational requirement specified in paragraph (l^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
GEORGIA LAWS 1985 SESSION
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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 application 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 all other requirements for licensure as outlined in this chapter and has received a license as an embalmer from the board."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-18-42, relating to application for examination and examination papers, whicb reads as follows:
"43-18-42. (a) Any eligible person may make written application to the board, upon forms to be prescribed and furnished by the board, stating under oath his qualifications; and such application shall be accompanied by a fee to be fixed and prescribed by the board. If the application shall be found in proper form and it shall appear that the applicant has the necessary qualifications, the board shall so notify the applicant. The applicant shall present himself before the board at a duly organized meeting thereof for examination by the board as to his knowledge of funeral directing or embalming.
(b) All examination papers, questions, and answers and the credits allowed by the board shall be kept on file by the joint-secretary.",
and inserting in lieu thereof the following:
"43-18-42. Reserved."
Section 4. Said chapter is further amended by striking in its entirety Code Section 43-18-43, relating to granting licenses to successful candidates, and inserting in lieu thereof a new Code Section 43-18-43 to read as follows:
"43-18-43. It shall be the duty of the board to grant a license to practice the profession of funeral directing or em-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
balming, as the case may be, in the state to any applicant who is eligible for licensure under this article and who has attained the required proficiency as established by the board on the combined examinations."
Section 5. Said chapter is further amended by adding between Code Sections 43-18-76 and 43-18-77 a new Code Section 43-18-76.1 to read as follows:
"43-18-76.1. (a) In the event any duly licensed funeral establishment is temporarily destroyed by fire, flood, or other natural catastrophe, upon notice by the funeral establishment to the board within five days following the catastrophe, the board may grant the funeral establishment a 90 day grace period to use a temporary location while reconstructing the previous location, provided the establishment complies with all other provisions of this chapter and the rules of the board. The board may, in its discretion, upon application by the funeral establishment, grant additional 90 day grace periods upon showing of good cause.
(b) All services provided to the public during any grace period authorized by this Code section shall be provided by or under the supervision of a funeral director licensed under this chapter."
Section 6. Said chapter is further amended by striking in its entirety Code Section 43-18-77, relating to inspection by county boards of health, and inserting in lieu thereof a new Code Section 43-18-77 to read as follows:
"43-18-77. Upon request by the board, the various county boards of health may inspect any funeral establishment to determine whether it is being operated in a sanitary manner. If a board of health finds any establishment which is being operated in a manner injurious to the health of the public, it shall be the duty of such board to inform the appropriate prosecuting attorney of the county in which such establishment is located; and it shall be the duty of such appropriate prosecuting attorney to abate such establishment as a public nuisance."
GEORGIA LAWS 1985 SESSION
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Section 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
"AMUSEMENT RIDE SAFETY ACT" -- ENACTED; REGULATION AND LICENSING BY THE DEPARTMENT OF
LABOR.
Code Title 34, Chapter 12 Enacted.
No. 736 (Senate Bill No. 102).
AN ACT
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Amusement Ride Safety Act"; to define terms; to provide for regulation and licensing of the ownership and operation of amusement rides; to provide for enforcement by the Department of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor; to provide for the promulgation of standards and regulations; to require safety inspections of amusement rides; to require certain records to be kept by owners and operators of amusement rides; to require liability insurance or other surety for liability arising from the operation of amusement rides; to provide for waivers and exceptions; to provide for civil penalties; to authorize owners and operators of amusement rides to deny entry to persons for safety reasons; to disclaim creation of any liability of the state or its officers or agencies; to provide for all matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding a new Chapter 12 to read as follows:
"CHAPTER 12
34-12-1. This chapter shall be known and may be cited as the 'Amusement Ride Safety Act.'
34-12-2. As used in this chapter, the term:
(1) 'Advisory board' means the Advisory Board on Amusement Ride Safety created by this chapter.
(2) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.
(3) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his duty by the owner or his representative.
(4) 'Certificate of inspection' means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto.
(5) 'Commissioner' means Commissioner of Labor.
(6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, to formulate standards and regulations for the approval of the advisory board, and to enforce the standards and regulations.
(7) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department to possess the requisite training and experience to perform competently the inspections required by this chapter and who is licensed by the department to perform inspections of amusement rides.
GEORGIA LAWS 1985 SESSION
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(8) 'Operator' means a person or persons actually engaged in or directly controlling the operation of an amusement ride.
(9) 'Owner' means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee.
(10) 'Permit' means a permit to operate an amusement ride issued to an owner by the department.
(11) 'Permit fee' means the fee charged by the department for a permit to operate an amusement ride.
(12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department.
34-12-3. (a) There is created the Advisory Board on Amusement Ride Safety, which shall consist of five members who shall be appointed by the Governor. One member shall be the Commissioner or his designee; two members shall be representatives of the owners of amusement rides; one member shall be a member of the Senate or of the House of Representatives; and one member shall be a licensed mechanical engineer.
(b) The terms of the members shall be two years, except that, of the first members appointed by the Governor, one shall be appointed for two years, two for three years, and two for four years. The Governor, in making such appointments, shall designate the term for which each is to serve and shall designate the chairman and vice-chairman of the advisory board. The terms of all members shall begin on July 1.
(c) If the status of an advisory board member as a member of the group from which he was appointed should cease prior to the end of his term of office, then his position on the advisory board shall be declared vacant by the Governor. The Governor shall appoint a new member of the advisory board from the appropriate group to complete the term of office remaining upon any vacancy however occasioned.
1456
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The members of the advisory board shall serve without compensation but shall be reimbursed for their actual travel and lodging expenses incurred in attending meetings of the advisory board and in performing their duties as members thereof.
34-12-4. The advisory board is empowered to study any aspect of the 'Amusement Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects.
34-12-5. (a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides.
(b) The department shall:
(1) Enforce all standards and regulations;
(2) License inspectors for authorization to inspect amusement rides;
(3) Issue permits upon compliance with this chapter and such standards and regulations adopted pursuant to this chapter; and
(4) Establish a fee schedule for the issuance of permits for amusement rides.
GEORGIA LAWS 1985 SESSION
1457
34-12-6. The department may license such private inspectors as may be necessary to carry out the provisions of this chapter.
34-12-7. (a) No amusement ride shall be operated, except for purposes of testing and inspection, until a permit for its operation has been issued by the department. The owner of an amusement ride shall apply for a permit to the department on a form furnished by the department providing such information as the department may require.
(b) No such application shall be complete without including a certificate of inspection from a licensed inspector that the amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator.
34-12-8. (a) All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner or operator's expense. If the amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant hereto, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation.
(b) Amusement rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this chapter.
34-12-9. The department may waive the requirement of subsection (a) of Code Section 34-12-8 if the owner of an amusement ride gives satisfactory proof to the department that the amusement ride has passed an inspection conducted by a federal agency, by another state, or by a political subdivision within this or another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this chapter.
34-12-10. The department shall issue a permit to operate an amusement ride to the owner thereof, which permit shall
1458
GENERAL ACTS AND RESOLUTIONS, VOL. I
be valid for a period of 12 months following the date of inspection by a licensed inspector upon completion by the owner of the application for a permit, presentation of a certificate of inspection or waiver thereof by the department, and payment of the permit fee.
34-12-11. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this chapter. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.
34-12-12. No person shall be permitted to operate an amusement ride unless he is at least 16 years of age. An operator shall be in attendance at all times that an amusement ride is in operation and shall operate no more than one amusement ride at any given time.
34-12-13. The owner of the amusement ride shall report to the department any accident resulting in a fatality or an injury requiring immediate in-patient overnight hospitalization incurred during the operation of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by firstclass mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board.
34-12-14. (a) No person shall operate an amusement ride unless at the time there is in existence:
(1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the amusement ride;
GEORGIA LAWS 1985 SESSION
1459
(2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or
(3) Cash or other security acceptable to the department.
(b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department and licensed to transact business in this state.
34-12-15. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter, or if any person is aggrieved by any order issued by the department, the person may make a written application to the department stating his grounds and applying for a variance. The department may grant such a variance in the spirit of the provisions of this chapter with due regard to the public safety. The granting or denial of a variance by the department shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department and such record shall be open to inspection by the public.
34-12-16. This chapter shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, and rider propelled merry-go-rounds.
34-12-17. This chapter shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter. Owners of amusement rides in operation on or before the effective date of this chapter shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations.
34-12-18. Any owner of an amusement ride which is operated, except for purposes of testing or inspection, with-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
out having obtained a permit from the department or any person who violates any order, standard, or regulation adopted pursuant to this chapter may be subject to a civil fine of up to $1,000.00. An owner of an amusement ride shall not be subject to a civil fine for operation prior to obtaining the required permit if he exercised reasonable diligence to prevent such operation.
34-12-19. The owner or operator of an amusement ride may deny entry to a person to an amusement ride, if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this section will permit an owner or operator to deny an inspector access to an amusement ride when such inspector is acting within the scope of his duties under this chapter.
34-12-20. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the department, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom."
Section 2. This Act shall become effective January 1,1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1461
LOCAL GOVERNMENT -- BOND PROCEEDS; INVESTMENT IN CERTAIN CERTIFICATES OF DEPOSIT. Code Section 36-82-7 Amended. No. 737 (Senate Bill No. 262). AN ACT
To amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to authorized investments for bond proceeds, so as to provide that the proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or portion thereof or any county or other body corporate and politic created under the Constitution or laws of this state may, from time to time, be invested and reinvested by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body in certificates of deposit of state building and loan or savings and loan associations located within this state which have deposits insured by the Georgia Credit Union Deposit Insurance Corporation; to provide that deposits in excess of insured deposits shall be secured by certain governmental obligations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to authorized investments for bond proceeds, is amended by striking paragraph (5) of said Code section in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows:
"(5) Certificates of deposit of national or state banks located within this state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within this state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Credit Union Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within this state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of this state or of any county or municipal corporation in this state, obligations of the United States or subsidiary corporations included in paragraph (2) of this Code section, obligations of the agencies of the United States government included in paragraph (3) of this Code section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in paragraph (4) 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 April 10, 1985.
GEORGIA LAWS 1985 SESSION
1463
CRIMINAL PROCEDURE -- DEATH PENALTY; TIME PERIOD FOR EXECUTIONS.
Code Sections 17-10-34 and 17-10-40 Amended. No. 738 (House Bill No. 159). AN ACT
To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to authorize the court imposing the death penalty to fix a seven-day period of time, rather than a date certain, during which the sentence shall be carried out; to authorize the court imposing the death penalty to fix a new seven-day period of time during which the sentence shall be carried out when the penalty was not carried out during the period of time fixed at the original sentencing; to authorize the Department of Offender Rehabilitation to set the date and time for execution within the period of time fixed by the judge of the superior court; to provide that a stay of execution may be granted by the State Board of Pardons and Paroles; to define the term time period; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, is amended by striking in its entirety Code Section 17-10-34, relating to sentences of death, and inserting in lieu thereof a new Code Section 17-10-34 to read as follows:
''17-10-34. When a person is sentenced to the punishment of death, the court shall specify the time period for the execution in the sentence. The time period for the execution fixed by the court shall be seven days in duration and shall commence at noon on a specified date and shall end at noon on a specified date. The time period shall commence not less than 20 days nor more than 60 days from the date of sentencing. However, if the person is a female who is pregnant at the time of sentencing, the court shall appoint
1464
GENERAL ACTS AND RESOLUTIONS, VOL. I
a time period for execution after the female is no longer pregnant."
Section 2. Said article is further amended by striking in its entirety Code Section 17-10-40, relating to changing the date of execution, generally, and inserting in lieu thereof a new Code Section 17-10-40 to read as follows:
"17-10-40. (a) Where the time period for the execution of any convicted person in a capital case has passed by reason of a supersedeas incident to appellate review, a stay of execution by the State Board of Pardons and Paroles, or for any other reason, a judge of the superior court of the county where the case was tried shall have the power and authority to pass an order fixing a new time period for the execution of the original sentence without requiring the convicted person to be brought before him by a writ of habeas corpus. The order shall be recorded on the minutes of the court and a certified copy of the order shall be sent immediately to the convicted person's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution at the place of execution.
(b) The new time period for the execution shall be seven days in duration and shall commence at noon on a specified date and shall end at noon on a specified date. The new time period for the execution fixed by the judge shall commence not less than ten nor more than 20 days from the date of the order.
(c) The Department of Offender Rehabilitation shall set the day and time for execution within the time period designated by the judge of the superior court. If the execution is not carried out on the day and at the time originally set by the Department of Offender Rehabilitation, the Department of Offender Rehabilitation is authorized to set new dates and times for execution within the period designated by the judge of the superior court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1465
COMMISSIONER OF NATURAL RESOURCES -- POWERS; COASTAL MARSHLANDS PROTECTION COMMITTEE. Code Sections 12-2-1, 12-2-2, and 12-5-282 Amended.
No. 739 (House Bill No. 160). AN ACT
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the commissioner of natural resources may delegate his power to serve on certain associations, authorities, committees, boards, or other bodies; to provide limitations and exceptions; to provide that the commissioner of natural resources shall serve as the director of the Environmental Protection Division; to provide for an assistant director; to change the membership of the Coastal Marshlands Protection Committee and to provide for the committee's membership; 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 (b) of Code Section 12-2-1, relating to the Department of Natural Resources and the commissioner, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) There is created the position of commissioner of natural resources. The commissioner shall be both appointed and removed by the Board of Natural Resources subject to approval of the Governor. Subject to the general policy established by the Board of Natural Resources, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Natural Resources by this article.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) (A) Except as provided in subparagraph (B) of this paragraph, the commissioner may delegate to any person in the Department of Natural Resources the power to be present and participate, including the power to vote as his representative or substitute, at any meeting, hearing, or other proceeding of any association, authority, committee, board, or other body upon which the commissioner serves pursuant to this title.
(B) The commissioner may not delegate his power to be present and participate at meetings, hearings, or other proceedings of the Stone Mountain Memorial Association and may delegate his power to be present and participate at meetings, hearings, or other proceedings of the Jekyll Island--State Park Authority or the Lake Lanier Islands Development Authority only to that person within the Department of Natural Resources who is responsible for state parks."
Section 2. Said title is further amended by striking subsection (b) of Code Section 12-2-2, relating to the Environmental Protection Division, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The commissioner of natural resources shall serve as the director of the division. The director shall appoint an assistant director of the division. The assistant director shall be a qualified professional, competent in the field of environmental protection. The assistant director shall be in the unclassified service. In the event of a vacancy in the office of the commissioner or in his absence or if he is disabled, the assistant director shall perform all the duties of the commissioner as director. The director shall be responsible for enforcing the environmental protection laws of Georgia. The director shall hire the personnel for the division and shall supervise, direct, account for, organize, plan, and execute the functions vested in the division."
Section 3. Said title is further amended by striking subsection (a) of Code Section 12-5-282, relating to the Coastal Marshlands Protection Committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Coastal Marshlands Protection Committee to be composed of three members. The commissioner of natural resources and two persons selected by the Board of Natural Resources shall be the members of this committee. One member of the committee selected by the Board of Natural Resources shall be a resident of Camden, Glynn, McIntosh, Liberty, Bryan, or Chatham County. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits provided for by this part."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
FINANCIAL INSTITUTIONS -- SUBPOENAS; RESPONSE.
Code Section 7-1-237 Amended.
No. 740 (House Bill No. 173).
AN ACT
To amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to assessment of costs of judicial processes involving financial institutions, so as to provide that financial institutions shall have five business days in which to respond to certain subpoenas, unless the issuing court shall fix some other period of time; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to assessment of costs of judicial processes involving financial institutions, is amended by striking in its entirety Code Section 7-1-237, relating to reimbursement of costs incurred in answering subpoenas or other orders, and inserting in its place a new Code Section 71-237 to read as follows:
"7-1-237. Any financial institution shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, garnishment, attachment, or court order where the financial institution is not a party to the action. Except as may otherwise be ordered by a judge of the court issuing the same, a financial institution shall have five business days from service of a subpoena within which to produce any books, papers, or records ordered produced pursuant to such subpoena. In the case of a garnishment or attachment of funds held by the financial institution, such reimbursement may be deducted prior to remission of such funds in response to the garnishment or attachment. Rates and conditions under which reimbursement may be made under this Code section shall be prescribed by regulations of the department."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1469
NOTARIES PUBLIC -- QUALIFICATIONS; CONFIDENTIALITY OF INFORMATION; SEAL;
SIGNATURES.
Code Title 45, Chapter 17 Amended.
No. 741 (House Bill No. 319).
AN ACT
To amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to delete certain provisions relating to qualifications of notaries; to delete certain provisions relating to application to be a notary; to change the provisions regarding confidentiality of information; to add certain provisions regarding the seal of office and certain notary signatures; 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 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, is amended by striking in its entirety subsection (a) of Code Section 45-17-2, relating to the qualifications of notaries, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any individual applying for appointment to be a notary public must be:
(1) At least 18 years old;
(2) A resident of this state;
(3) A resident of the county from which such individual is appointed; and
(4) Able to read and write the English language."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-17-2.1, relating
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GENERAL ACTS AND RESOLUTIONS, VOL. I
to applications to be a notary, and inserting in lieu thereof a new subsection (a) to read as follows: '
"(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 at least 18 years old;
(3) That the applicant can read and write the English language;
(4) All denials, revocations, suspensions, restrictions, or resignations of a notary commission held by the applicant; and
(5) All criminal convictions of the applicant, including any plea of nolo contendere, except minor traffic violations."
Section 3. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 45-17-2.1, relating to endorsements and declarations, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(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 endorsement shall be in the following form:
GEORGIA LAWS 1985 SESSION
1471
I,
, being 21 years of
(name of endorser)
age or older and a resident of
,
(name of county)
believe the applicant for a notary public commission,
, who is not related to myself, to
(name of applicant)
be a person of integrity, good moral character, and capa-
ble of performing notarial acts.
(signature of endoser)
(date)
(address of endoser)"
Section 4. Said chapter is further amended by striking in its entirety Code Section 45-17-2.2, relating to confidentiality of information, and inserting in lieu thereof a new Code Section 45-17-2.2 to read as follows:
"45-17-2.2. The information in the application for appointment and commissioning as a notary public shall be a matter of public record"
Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-17-6, relating to the seal of office, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for 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 impression his name and the words 'Notary Public, Georgia, State at Large.' Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words 'Notary Public,' the name of the state, and the county of his appointment. The embossment of documents by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must contain the notary's seal."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. Said chapter is further amended by striking in its entirety Code Section 45-17-8.1, relating to signature and date of completion of notarial act, and inserting in lieu thereof a new Code Section 45-17-8.1 to read as follows:
"45-17-8.1. At the completion of a notarial act, a notary public shall sign on the notarial certification, by hand in indelible ink, only and exactly the name indicated on the notary's commission and shall record on the notarial certification the exact date of execution by the notary."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GENERAL ASSEMBLY -- HOUSE DISTRICTS 15, 16, 77, 81, 105, AND 107 REAPPORTIONED.
Code Section 28-2-1 Amended.
No. 742 (House Bill No. 684).
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 Representative Districts No. 15, 16, 77, 81, 105, and 107 and
GEORGIA LAWS 1985 SESSION
1473
inserting in lieu thereof the following new descriptions of said districts:
"District No. 15-2 Representatives
Bartow Tract 9902 Blocks 343 through 345 and 348 Tract 9903 Tract 9907 Blocks 201 through 214 Those parts of Blocks 215 and 216 within the City of Euharlee Blocks 221 through 228 Block Group 3
Floyd Tracts 1 and 2 Tract 3 Those parts of Blocks 101 and 102 outside the City of Rome Blocks 103 through 105 That part of Block 106 outside the City of Rome Blocks 107 and 108 That part of Block 109 outside the City of Rome Blocks 110 through 112 That part of Block 113 outside the City of Rome Block 114 That part of Block 115 outside the City of Rome Block Groups 2 and 3 Tract 4 Blocks 101 through 103 That part of Block 104 outside the City of Rome Block 105 That part of Block 106 outside the City of Rome Blocks 107 through 134 That part of Block 135 outside the City of Rome
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 136 through 141 Those parts of Blocks 144 through 146
outside the City of Rome Blocks 147 through 149 Tract 6 That part of Block 101 outside
the City of Rome Blocks 104 through 132 Those parts of Blocks 134 and 135
outside the City of Rome Block 137 That part of Block 138 outside
the City of Rome Block 141 That part of Block 204 outside
the City of Rome Tract 7 Tract 8
Blocks 101 through 103 That part of Block 111 outside
the City of Rome Blocks 112, 118, and 121 through 139 Those parts of Blocks 140 and 148
outside the City of Rome Blocks 151 through 153 and 155 That part of Block 211 outside the
City of Rome Blocks 212, 214 through 217, 219, 221,
and 222 Tract 9
Those parts of Blocks 101, 140, 148, and 149 outside the City of Rome
Blocks 150 and 201 through 209 That part of Block 210 outside
the City of Rome Tract 12
That part of Block 221 outside the City of Rome
Block 222 Those parts of Blocks 223 and 224
outside the City of Rome Blocks 227 through 229 That part of Block 230 outside the
City of Rome
GEORGIA LAWS 1985 SESSION
Block 231 Those parts of Blocks 232 and 234
outside the City of Rome Block 235 That part of Block 238 outside the
City of Rome Tract 13
Blocks 123 through 133 Those parts of Blocks 201 and 202
outside the City of Rome Blocks 203 and 205 through 207 That part of Block 208 outside the
City of Rome Block 209 Those parts of Blocks 210 and 213
outside the City of Rome Block 214 That part of Block 231 outside the
City of Rome Blocks 235 through 243 Tract 14 Tract 15 That part of Block 147 outside the
City of Rome Block 148 That part of Block 149
outside the City of Rome Tract 16
Blocks 213 and 214 That part of Block 215 outside
the City of Rome Blocks 228 and 229 That part of Block 230 outside
the City of Rome Block 304 That part of Block 313 outside the
City of Rome Blocks 314 through 316 Those parts of Blocks 317 through
320 outside the City of Rome Block 321 Those parts of Blocks 322 and 323
outside the City of Rome Blocks 324 through 327
1475
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GENERAL ACTS AND RESOLUTIONS, VOL. I
That part of Block 333 outside the City of Rome
Tract 17 Blocks 101 through 121 That part of Block 122 outside the City of Rome Blocks 125 through 127 That part of Block 128 outside the City of Rome Blocks 129 and 130 That part of Block 131 outside the City of Rome Blocks 132 through 134 Block Groups 2 through 5
Tract 18 That part of Block 102 outside the City of Rome Blocks 103 through 113 and 116 through 124 That part of Block 125 outside the City of Rome Blocks 126 through 150, 154, and 155 Block Group 2
Tract 19 Block 101 That part of Block 102 outside the City of Rome Blocks 104 through 111 and 113 That part of Block 114 outside the City of Rome Block 116 That part of Block 118 outside the City of Rome Blocks 119 through 127, 129 through 134, and 138 through 141
Tract 20"
"District No. 16-1 Representative
Floyd Tract 3 Those parts of Blocks 101, 102, 106 109, 113, and 115 within the City of Rome
GEORGIA LAWS 1985 SESSION
Tract 4 Those parts of Blocks 104, 106, and 135 within the City of Rome Blocks 142 and 143 Those parts of Blocks 144 through 146 within the City of Rome Blocks 150 through 152
Tract 5 Tract 6
That part of Block 101 within the City of Rome
Blocks 102, 103, and 133 Those parts of Blocks 134 and 135
within the City of Rome Block 136 That part of Block 138
within the City of Rome Blocks 139, 140, 142 through 150,
and 201 through 203 That part of Block 204 within
the City of Rome Blocks 205 through 251 Block Groups 3 and 4 Tract 8 Blocks 104 through 110 That part of Block 111
within the City of Rome Blocks 113 through 117, 119, and 120 That part of Block 140 within
the City of Rome Blocks 141 through 147 That part of Block 148 within
the City of Rome Blocks 149, 150, 154, 156, 157,
and 201 through 210 That part of Block 211 within
the City of Rome Blocks 213, 220, and 223 Tract 9 That part of Block 101 within
the City of Rome Blocks 102 through 137 and 139 That part of Block 140 within
the City of Rome
1477
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 141 through 147 Those parts of Blocks 148, 149,
and 210 within the City of Rome Tracts 10 and 11 Tract 12
Block Group 1 Blocks 201 through 220 Those parts of Blocks 221, 223,
and 224 within the City of Rome Blocks 225 and 226 Those parts of Blocks 230 and 232
within the City of Rome Block 233 That part of Block 234 within
the City of Rome Block 237 That part of Block 238 within
the City of Rome Blocks 239 through 242 Tract 13 Blocks 101 through 122 and 134 Those parts of Blocks 201, 202, 208,
and 210 within the City of Rome Blocks 211 and 212 That part of Block 213 within the
City of Rome Blocks 215 through 230 That part of Block 231 within
the City of Rome Blocks 232 through 234 Tract 15 Blocks 101 through 146 That part of Block 147 within the
City of Rome That part of Block 149 within
the City of Rome Blocks 150 and 151 Tract 16 Block Group 1 Blocks 201 through 212 That part of Block 215 within
the City of Rome Blocks 216 through 227
GEORGIA LAWS 1985 SESSION
That part of Block 230 within the City of Rome
Blocks 231 through 250, 301 through 303, and 305 through 312
Those parts of Blocks 313 and 317 within the City of Rome
Those parts of Blocks 318 through 320, 322, and 323 within the City of Rome
That part of Block 333 within the City of Rome
Tract 17 That part of Block 122 within the City of Rome Blocks 123 and 124 Those parts of Blocks 128 and 131 within the City of Rome
Tract 18 Block 101 That part of Block 102 within the City of Rome Blocks 114 and 115 That part of Block 125 within the City of Rome
Tract 19 That part of Block 102 within the City of Rome Block 112 That part of Block 114 within the City of Rome Blocks 115 and 117 That part of Block 118 within the City of Rome"
"District No. 77 - 1 Representative
Coweta Tract 9905 Blocks 319 through 321 Blocks 414, 415, and 421 through 425 Tract 9907 Block Groups 2 and 3 Block 428
1479
1480
GENERAL ACTS AND RESOLUTIONS, VOL. I
Heard Troup
Tract 9901 Tract 9902
Block Group 1 Blocks 201 through 210 and 214
through 233 Those parts of Blocks 234 and
235 outside the City of LaGrange Block 241 Tract 9903 Blocks 101 through 111 and 114
through 117 Those parts of Blocks 118 and 119
outside the City of LaGrange Block 120 Those parts of Blocks 135 and 136
outside the City of LaGrange Blocks 159 and 160 That part of Block 201 outside
the City of LaGrange Those parts of Blocks 305 and 308
outside the City of LaGrange Blocks 309 through 331 Block Group 4 Tract 9904 Blocks 101 through 110 Those parts of Blocks 112 and 113
outside the City of LaGrange Blocks 114 through 120 and 135 Those parts of Blocks 201 and 202
outside the City of LaGrange Block 203 That part of Block 204 outside
the City of LaGrange Those parts of Blocks 304 through
307 outside the City of LaGrange Tract 9906
Blocks 101 through 145 That part of Block 150 outside
the City of LaGrange Block 201 That part of Block 202 outside
the City of LaGrange
GEORGIA LAWS 1985 SESSION
Blocks 203, 204, 206 through 213, and 224 through 230
Blocks 301 through 322, 325, and 326 Tract 9907
Block 130 Tract 9908
Blocks 101 through 108, 112 through 127, 144 through 153, 155, 156, 164, and 201 through 203
Those parts of Blocks 204 and 205 within the City of West Point
Block Groups 3 through 5"
"District No. 81 - 1 Representative
Troup Tract 9902 Blocks 201 through 210 and 214 through 233 Those parts of Blocks 234 and 235 within the City of LaGrange Blocks 236 through 240 Block Groups 3 and 4 Tract 9903 Those parts of Blocks 118 and 119 within the City of LaGrange Blocks 121 through 134 Those parts of Blocks 135 and 136 within the City of LaGrange Blocks 137 through 149 That part of Block 201 within the City of LaGrange Blocks 202 through 250 Blocks 301 through 303 Those parts of Blocks 305 and 308 within the City of LaGrange Tract 9904 Blocks 121 through 134 Those parts of Blocks 201, 202, and 204 within the City of LaGrange Blocks 205 and 207 through 252 Blocks 301 through 303 Those parts of Blocks 304 through 307 within the City of LaGrange
1481
1482
GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 308 through 332 Tract 9905 Tract 9906
Blocks 146 through 149 That part of Block 150 within the
City of LaGrange That part of Block 202 within
the City of LaGrange Blocks 231 through 242 Blocks 324 and 327 through 331 Block Groups 4 and 5 Tract 9907 Blocks 101 through 129 and 131
through 150 Block Groups 2 through 4 Tract 9908 Blocks 109 through 111 and 128
through 143 Those parts of Blocks 204 and 205
outside the City of West Point Blocks 206 through 218"
"District No. 105 - 1 Representative
Baldwin Tract 9901 Blocks 106 through 134, 201 through 205, 207, 223, 225 through 230, 232 through 247, and 301 through 311 Tracts 9902 through 9904 Tract 9905 Block Groups 1 through 3 Blocks 501 through 509"
"District No. 107 - 1 Representative
Baldwin Tract 9901 Blocks 101 through 105, 135 through 146, 209 through 222, and 312 through 318
GEORGIA LAWS 1985 SESSION
1483
Tract 9905 Block Group 6
Johnson Tract 9901 Block Groups 1 and 2 Tract 9902
Washington"
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 April 10, 1985.
PENAL INSTITUTIONS -- USE OF INMATES FOR PRIVATE GAIN PROHIBITED; PENALTIES.
Code Section 42-1-4 Enacted.
No. 743 (House Bill No. 686).
AN ACT
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting penal institutions, so as to prohibit the use of inmates for any purposes of private gain to any individual; to provide for penalties; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1484
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting penal institutions, is amended by adding at the end of said chapter a new Code section, to be designated Code Section 42-1-4, to read as follows:
"42-1-4. (a) As used in this Code section, the term:
(1) 'Custodian' means a warden, sheriff, jailer, deputy sheriff, police officer, or any other law enforcement officer having actual custody of an inmate.
(2) 'Inmate' means any person who is lawfully incarcerated in a penal institution.
(3) 'Penal institution' means any place of confinement for persons accused of or convicted of violating a law of this state or an ordinance of a political subdivision of this state.
(b) It shall be unlawful for a custodian of an inmate of a penal institution to use such inmate or allow such inmate to be used for any purpose resulting in private gain to any individual.
(c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(d) This Code section shall not apply to:
(1) Work on private property because of natural disasters;
(2) Work or other programs or releases which have the prior approval of the board or commissioner of offender rehabilitation;
(3) Community service work programs; or
(4) Work release programs."
GEORGIA LAWS 1985 SESSION
1485
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
INSURANCE -- GEORGIA INSURERS INSOLVENCY POOL; SUPERVISION; COVERED CLAIMS; BOARD MEMBERSHIP;
ASSESSMENTS.
Code Title 33, Chapter 36 Amended.
No. 744 (House Bill No. 695).
AN ACT
To amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner; to provide what shall be considered a covered claim eligible for reimbursement from the insurers insolvency pool; to change the definition of insolvent insurer; to correct and clarify the definition of property and casualty insurance policies; to remove the Insurance Commissioner from the Insurers Solvency Board; to provide for the appointment of members of such board and the chairman; to provide for the compensation of members of such board; to authorize the chairman of the board to call meetings; to provide for the amount of the assessment which may be levied against an insurer on behalf of the insurers insolvency pool; to provide for appeal of actions taken by the Insurers Solvency Board; 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. Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, is
1486
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended by striking Code Section 33-36-2, relating to the purpose of said chapter and the creation of the Georgia Insurers Insolvency Pool, in its entirety and inserting in lieu thereof a new Code Section 33-36-2 to read as follows:
"33-36-2. The purpose of this chapter is to provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent and is unable to perform its contractual obligations. To this end is created a Georgia Insurers Insolvency Pool which shall consist of three accounts: (1) workers' compensation account; (2) automobile account; and (3) all other covered insurance account. The pool shall be responsible for the investigation, adjustment, compromise, settlement, and payment of covered claims; for the investigation, handling, and denial of noncovered claims; and for the management and investment of funds administered by the pool. The members of the pool shall be responsible for the payment of assessments levied pursuant to subsection (b) of Code Section 33-36-7; for adherence to the rules of the plan approved pursuant to Code Section 33-36-6; and for other obligations imposed by this chapter. The pool shall come under the immediate supervision of the Insurance Commissioner and shall be subject to the applicable provisions of the insurance laws of this state."
Section 2. Said chapter is further amended by striking subparagraphs (C) through (F) of paragraph (2) of Code Section 33-36-3, relating to definitions of terms used in Chapter 36 of Title 33, in their entirety and inserting in lieu thereof new subparagraphs (C) through (F) and by adding new subparagraphs (G) and (H) to read as follows:
"(C) A covered claim shall not include any claim in an amount of less than $25.00; provided, however, that any claim of $25.00 or more shall be paid in full.
(D) A covered claim shall not include that portion of any first-party claim which is in excess of the applicable limits provided in the policy or $100,000.00, whichever is less.
(E) A covered claim shall not include that portion of any third-party claim, other than a workers' compensation
in the policy or $100,000.00, whichever is less.
(F) A covered claim shall not include any obligation to insurers, insurance pools, underwriting associations, or any person which has a net worth greater than $3 million at the time of the insured event.
(G) A covered claim shall not include any claim or judgment for punitive damages and attorney's fees associated therewith against any insolvent insurer, its insured, or the insurers insolvency pool.
(H) A covered claim shall not include any workers' compensation benefits payable under subsection (e) or (f) of Code Section 34-9-221 after the effective date of the court order of rehabilitation or liquidation."
Section 3. Said chapter is further amended by striking paragraph (3) of Code Section 33-36-3, relating to definitions of terms used in Chapter 36 of Title 33, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Insolvent insurer' means an insurer which was licensed to issue property or casualty insurance policies in this state at any time subsequent to July 1,1970, and against whom a final order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction in the insurer's state of domicile or of this state and which order of liquidation has not been stayed or been the subject of a writ of supersedeas or other comparable order."
Section 4. Said chapter is further amended by striking from paragraph (7) of Code Section 33-36-3, relating to definitions of terms used in Chapter 36 of Title 33, the following:
"(7) 'Property and casualty insurance policies' or 'policy' means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-9, except:",
and inserting in lieu thereof the following:
1488
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(7) 'Property and casualty insurance policies' or 'policy' means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-6, except:".
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 33-36-4, relating to the Insurers Solvency Board, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There shall be a board of trustees of the Georgia Insurers Insolvency Pool which shall be known as the Insurers Solvency Board and which shall consist of seven members. At all times, the board shall contain at least one member from a domestic insurer. The members of the board shall not be considered employees of the department. The remaining members of the board shall be appointed as follows:
(1) The Commissioner shall compile a list of the three stock insurers most likely to incur the largest assessment, per insurer, for each of the accounts prescribed in Code Section 33-36-7; and he shall also compile a list of the three nonstock insurers most likely to incur the largest assessment, per insurer, for each of the accounts prescribed in Code Section 33-36-7. The Commissioner shall solicit from these 18 insurers the names of 18 individuals as nominees for members to the board. Persons who are nominated for the board shall reside in this state. The Commissioner shall certify the nominations in writing, separately for stock and nonstock insurers and separately for each account;
(2) From the nominations so certified for each account, the Commissioner shall appoint one stock member and one nonstock member to the board of directors until six directors are appointed. Then the Commissioner shall appoint the chairman of the board, who shall also be its chief executive officer; and
(3) In approving selections or in appointing members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented."
GEORGIA LAWS 1985 SESSION
1489
Section 6. Said chapter is further amended by striking subsection (d) of Code Section 33-36-4, relating to the Insurers Solvency Board, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The actual expenses of the members of the board incurred in attending meetings shall be paid out of the assets of the insolvency pool, but members of the board shall not otherwise be compensated by the association for their services. The board shall hold its regular meetings at such time and places as shall be fixed by the board. The board shall meet at any time on call of the Commissioner or the chairman of the board. The chairman of the board shall call a meeting, upon not less than two days' notice, upon the written request of any two members of the board. The board may by resolution provide for a shorter notice of a meeting by telegraph, telephone, or otherwise. The board shall keep a record of all its proceedings and shall appoint a secretary and such other officers as it deems necessary, who need not be members of the board. For the purpose of considering questions before it, the board shall have access to all the books, records, reports, and papers in the department, including all confidential communications; and the members of the board shall treat such communications as confidential."
Section 7. Said chapter is further amended by striking subsection (b) of Code Section 33-36-7, relating to the levy of assessments against insurers, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) To the extent necessary to secure the funds for the respective accounts of the pool for the payment of covered claims and also to pay the reasonable costs to administer the pool, the Commissioner, upon certification of the pool, shall levy assessments in the proportion that each insurer's net direct written premiums in this state in the classes protected by the account bear to the total of the net direct written premiums received in this state by all such insurers for the preceding calendar year for the kinds of insurance included within such account. Assessments shall be remitted to and administered by the pool in the manner specified by the approved plan. Each insurer so assessed shall have
1490
GENERAL ACTS AND RESOLUTIONS, VOL. I
at least 30 days' written notice as to the date the assessment is due and payable. Every assessment shall be made as a uniform percentage applicable to the net direct written premiums of each insurer in the kinds of insurance included within the account in which the assessment is made. The assessments levied against any insurer shall not exceed in any one year more than 2 percent of that insurer's net direct written premiums in this state for the kinds of insurance included within such account during the calendar year next preceding the date of such assessments. If sufficient funds from the assessments, together with funds previously raised, are not available in any one year in the respective account to make all the payments or reimbursements then owing to insurers designated to act for the pool, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available. Assessments shall be included as an appropriate factor in the making of rates."
Section 8. Said chapter is further amended by adding after Code Section 33-36-17, relating to the termination of operation of the Georgia Insurers Insolvency Pool, a new Code Section 33-36-18 to read as follows:
"33-36-18. Any action of the Insurers Solvency Board may be appealed to the Commissioner by any member insurer if such appeal is taken within 30 days of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction."
Section 9. This Act shall become effective on July 1,1985, and shall be applicable to all insolvencies occurring on or after July 1, 1985.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
1491
CRIMES AND OFFENSES -- CRIMINAL TRESPASS; CRIMINAL DAMAGE TO PROPERTY IN THE SECOND
DEGREE.
Code Sections 16-7-21 and 16-7-23 Amended.
No. 745 (House Bill No. 710).
AN ACT
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change the provisions relating to the definition of the offense of criminal trespass; to change the provisions relating to the definition of the offense of criminal damage to property in the second degree; 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 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety subsection (a) of Code Section 16-7-21, relating to the offense of criminal trespass, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without his consent."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-7-23, relating to the offense of criminal damage to property in the second degree, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person commits the offense of criminal damage to property in the second degree when he:
1492
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00;
(2) Recklessly or intentionally, by means of fire or explosive, damages property of another person; or
(3) With intent to damage, starts a fire on the land of another without his consent."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
TAX COMMISSIONERS AND TAX COLLECTORS -- SERVICE AS EX OFFICIO SHERIFFS IN CERTAIN
COUNTIES (NOT LESS THAN 300,000).
Code Section 48-5-137 Amended.
No. 746 (House Bill No. 761).
AN ACT
To amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax collectors and tax commissioners as ex officio sheriffs, so as to change the provisions relative to exceptions to the requirement of written consent of the sheriffs of certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax collectors and tax commis-
GEORGIA LAWS 1985 SESSION
1493
sioners as ex officio sheriffs, is amended by striking paragraph (1) of subsection (f) in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Not less than 300,000;".
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
FIRE DEPARTMENTS -- DEFINITION; MINIMUM REQUIREMENTS; GEORGIA FIREFIGHTER TRAINING
AND STANDARDS COUNCIL; MEMBERSHIP; CERTIFICATION TRANSFERS; AIRPORT FIREFIGHTERS.
Code Title 25, Chapters 3 and 4 Amended.
No. 747 (House Bill No. 885).
AN ACT
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to redefine the term "fire department"; to change the composition of the Georgia Firefighter Training and Standards Council; to change the provisions relative to advisory committees; to provide for certain expenses and allowances; to change the provisions relative to the business of the council; to provide for the transfer of a firefighter's certification under certain circumstances; to provide that a fire department shall not be required to accept the transfer of a firefighter's certification; to change the qualifications of personnel assigned as airport firefighters; to provide for other
1494
GENERAL ACTS AND RESOLUTIONS, VOL. I
matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking paragraph (1) of Code Section 25-3-21, relating to definitions in connection with the establishment of minimum requirements for all fire departments operating in this state, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) (A) 'Fire department' means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2.
(B) 'Fire department' also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards."
Section 2. Said title is further amended by striking Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council, which reads as follows:
"25-4-3. The Georgia Firefighter Standards and Training Council is established. The council shall consist of seven voting members and three advisory members and shall be composed as follows:
(1) (A) The president of the Association County Commissioners of Georgia or his designated representative;
(B) The president of the Georgia Municipal Association, Inc., or his designated representative;
(C) The Safety Fire Commissioner or his designated representative;
GEORGIA LAWS 1985 SESSION
1495
(D) The president of the Georgia Association of Fire Chiefs or his designated representative;
(E) The president of the Georgia State Firemen's Association or his designated representative;
(F) The president of the Georgia City and County Management Association or his designated representative; and
(G) The chairman of the Training Committee of the Georgia State Firemen's Association.
(2) (A) The director of the Georgia Fire Academy or his designated representative;
(B) The director of the Division of Vocational Education of the Department of Education or his designated representative; and
(C) One member from the Southeastern Underwriters Association;
all of whom shall serve on the council in an advisory capacity only, without voting privileges.",
in its entirety and substituting in lieu thereof a new Code Section 25-4-3 to read as follows:
"25-4-3. The Georgia Firefighter Standards and Training Council is established. The council shall be composed of seven members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. The remaining six members shall be appointed by the Governor subject to the following requirements:
(1) One member shall be a member of the governing authority of a county;
(2) One member shall be a member of the governing authority of a municipality;
(3) One member shall be a city or county manager;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) One member shall be the chief of a county or municipal fire department; and
(5) Two members shall be state certified firefighter training officers.
(b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows:
(1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section;
(2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of said subsection (a);
(3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of said subsection (a);
(4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of said subsection (a); and
(5) The Executive Board of the Georgia State Firemen's Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of said subsection (a).
(c) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1,1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of said subsection (a) shall be ap-
GEORGIA LAWS 1985 SESSION
1497
pointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of said subsection (a) shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1,1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governor's consideration in making an appointment to fill a vacancy.
(d) At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairman and such other officers from its own membership as it deems necessary to serve until a successor is elected by the council as provided in this subsection.
(e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council.
(f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of state examining boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said title is further amended by striking Code Section 25-4-6, relating to the business of the council, in its entirety and substituting in lieu thereof a new Code Section 25-4-6 to read as follows:
"25-4-6. The business of the council shall be conducted in the following manner:
(1) The council shall hold at least two regular meetings each year at the call of the chairman or upon the written request of four members of the council. Four members of the council shall constitute a quorum.
(2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation."
Section 4. Said title is further amended by striking Code Section 25-4-9, relating to training and certification of firefighters, in its entirety and substituting in lieu thereof a new Code Section 25-4-9 to read as follows:
"25-4-9. (a) In addition to complying with the preemployment standards as set forth in Code Section 25-4-8, each and every candidate, within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firemen, shall specifically complete at least a basic training course of 120 hours of instruction. The council shall determine the courses, the number of hours per course, and all matters relative to the basic training course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the council evidencing his satisfactory completion of the minimum standards of the training program.
(b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department.
(c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to
accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section." Section 5. Said title is further amended by striking subsection (h) of Code Section 25-4-31, relating to minimum standards and training for personnel assigned as airport firefighters, which reads as follows:
"(h) In addition to the requirements of this Code section, an airport firefighter shall meet all of the other qualifications contained in Article 1 of this chapter, the 'Georgia Firefighter's Standards and Training Act.' ",
in its entirety.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
'TRANSPORTATION OF HAZARDOUS MATERIALS ACT" REPEALED AND REENACTED; TRANSFER TO THE PUBLIC
SERVICE COMMISSION.
Code Title 32, Chapter 6, Article 7 Repealed. Code Title 46, Chapter 11 Enacted.
No. 748 (House Bill No. 917).
AN ACT
To repeal Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the 'Transportation of Hazardous Materials Act"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public
1500
GENERAL ACTS AND RESOLUTIONS, VOL. I
transportation, so as to provide for findings of the General Assembly; to designate a responsible state agency; to provide for the regulation of shippers and carriers of hazardous materials on the public roads of this state; to provide for definitions; to provide for rules and regulations governing such transportation; to provide for permits; to provide for the authority to stop and inspect vehicles; to provide recovery from responsible persons in case of discharge or threatened discharge of such materials; to provide penalties for violations; to provide enforcement authority; to provide for legislative intent; to provide for the transfer of pending actions and investigations; to provide that certain rules and regulations shall remain in full force and effect; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the "Transportation of Hazardous Materials Act," is repealed in its entirety.
Section 2. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by adding a new Chapter 11 at the end thereof to read as follows:
"CHAPTER 11
46-11-1. This chapter shall be known and may be cited as the 'Transportation of Hazardous Materials Act.'
46-11-2. The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Public Service Commission is designated as the agency to implement this chapter.
46-11-3. As used in this chapter, the term:
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(1) 'Carrier' means any person engaged in the transportation on the public roads of this state of goods or property in, to, or through this state, whether or not such transportation is for hire.
(2) 'Commission' means the Public Service Commission.
(3) 'Hazardous material' means and includes radioactive materials, liquified natural gas (LNG), and polychlorinated biphenyl (PCB).
(4) 'Person' means and includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government or any other entity and includes any officer, agent, or employee of any of the above.
(5) 'Shipper' means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods or property.
46-11-4. (a) Notwithstanding any other provision of law to the contrary, any person transporting hazardous material on the public roads of this state shall be subject to the requirements of this chapter.
(b) No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for transportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules and regulations promulgated by the commission pursuant to this chapter and consistent with federal law. Compliance with such rules and
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regulations shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Human Resources, and state fire marshal, applicable to such persons.
(c) The commission shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commission or its designee in accordance with such rules and regulations.
(d) Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.
(e) No transportation of hazardous material shall take place in or through this state until the commission or its designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commission or its designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare, or the environment. The commission is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law.
(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the commission who has been given enforcement authority by the commission.
(g) For just cause, including, but not limited to, repeated and consistent past violations, the commission may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee.
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(h) (1) The commission or the official designated by the commission, pursuant to this Code section and the rules and regulations developed by the commission, may issue an annual permit which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date the permit is issued.
(2) The commission or the official designated by the commission, pursuant to this Code section, and the rules and regulations developed by the commission may issue a single-trip permit to any vehicle.
(i) The commission may charge a fee for the issuance of permits. The fee for the issuance of annual trip permits shall be $100.00. Annual trip permits previously issued by the Department of Transportation during calendar years 1984 and 1985 shall be valid until the date of expiration shown on the permit unless canceled, suspended, or revoked prior to the date of expiration by the commission. The fee for the issuance of single-trip permits shall be established by rules and regulations promulgated by the commission.
(j) For purposes of this chapter, the commission is expressly authorized to contract with the Department of Public Safety, the Department of Human Resources, or other state agencies or departments to perform any activities necessary to implement this chapter.
(k) Notwithstanding any other provisions of this chapter, the commission is authorized to establish such exceptions or exemptions from the requirements of this chapter, or any provision hereof, for such kinds, quantities, types, or shipments of hazardous materials as it shall deem appropriate, consistent with the protection of the public health, safety, and welfare.
(l) This chapter shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Human Resources pursuant to Chapter 13 of Title 31 or by the United
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States Nuclear Regulatory Commission; nor shall this chapter apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the United States Department of Defense where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies.
(m) This chapter shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.
(n) In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery.
(o) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commission and shall for all persons subject to this chapter, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations.
(p) In addition to any other liability imposed by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
46-11-5. The commission is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, au-
GEORGIA LAWS 1985 SESSION
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thorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.
46-11-6. (a) The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commission. The traveling expenses of the commission and its employees incurred in the implementation of this chapter shall be paid out of the funds derived under this chapter.
(b) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof."
Section 3. (a) It is the intention of the General Assembly that the Public Service Commission replace the Department of Transportation as the responsible state agency to regulate and enforce the laws of this state relating to the transportation of hazardous materials.
(b) All actions and investigations pending in the Department of Transportation pursuant to Article 7 of Chapter 6 of Title 32 on June 30, 1985, and all books, papers, and records attaching to such actions and investigations are transferred to the Public Service Commission effective July 1, 1985.
(c) All rules and regulations promulgated by the Department of Transportation pursuant to Article 7 of Chapter 6 of Title 32 prior to July 1, 1985, shall remain in full force and effect until amended or repealed by the Public Service Commission.
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Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
BANK HOLDING COMPANIES -- MERGER OF BANKS.
Code Section 7-1-606 Amended.
No. 749 (Senate Bill No. 216).
AN ACT
To amend Code Section 7-1-606 of the Official Code of Georgia Annotated, relating to certain actions by bank holding companies which are unlawful without the prior approval of the commissioner of banking and finance, so as to provide that a bank holding company which lawfully controls a bank or has received the requisite approvals to acquire control of a bank may merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have another of such bank holding company's banking subsidiaries acquire all or substantially all of the assets of such bank and consequently operate as a branch of such other banking subsidiary under certain conditions; 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 7-1-606 of the Official Code of Georgia Annotated, relating to certain actions by bank holding companies which are unlawful without the prior approval of the commissioner of banking and finance, is amended by striking subsection (e) of said Code section in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
GEORGIA LAWS 1985 SESSION
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"(e) Notwithstanding any other provisions of this part, a bank holding company which lawfully controls a bank or has received the requisite approvals under this Code section to acquire control of a bank may, with the approval of the commissioner, either at the time such control is obtained or at any time thereafter, merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have another of such bank holding company's banking subsidiaries acquire all or substantially all of the assets of such bank and consequently operate as a branch of such other banking subsidiary. Nothing in this subsection shall be deemed to supersede, rescind, or modify any provision, requirement, or condition of this Code section which would otherwise be applicable to any acquisition of a banking subsidiary by a bank holding company under this Code section, nor shall it be deemed to supersede, rescind, or modify any provision, requirement, or condition of Part 14, 15, or 16 of this article which would otherwise be applicable to any merger of banks or the acquisition or any sale of all or substantially all of the assets of a bank."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
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ALCOHOLIC BEVERAGES -- SALES ON PRIMARY OR ELECTION DAYS.
Code Section 3-3-20 Amended. Code Section 21-3-476 Repealed.
No. 750 (House Bill No. 247).
AN ACT
To amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages on certain days, so as to authorize the governing authority of any county in which the sale of alcoholic beverages is authorized and the governing authority of any municipality in which the sale of alcoholic beverages is authorized, by ordinance, resolution, or referendum, to authorize the sale of alcoholic beverages on any election day; to prohibit the sale of alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days; to define the term "day"; to provide a penalty; to provide for other matters relative thereto; to repeal Code Section 21-3-476 of the Official Code of Georgia Annotated, relating to selling or buying alcoholic beverages on primary or 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 sales of alcoholic beverages on certain days, is amended by striking subsection (b) which reads as follows:
"(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.
GEORGIA LAWS 1985 SESSION
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(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 subdivision of this state for airport purposes if no person resides on such publicly owned or operated property.
(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.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) As used in this subsection, the term 'day' means that period of time beginning with the opening of the polls and ending with the closing of the polls.
(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 subdivision of this state for airport purposes if no person resides on such publicly owned or operated property.
(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, author-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ize the sale of alcoholic beverages on any election days.
(3) (A) Notwithstanding any other provisions of this subsection, it shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days.
(B) For the purpose of this Code section, the term 'day' means that period of time beginning with the opening of the polls and ending with the closing of the polls.
(C) Any person violating the provisions of this paragraph shall be guilty of a misdemeanor."
Section 2. Code Section 21-3-476 of the Official Code of Georgia Annotated, relating to selling or buying alcoholic beverages on primary or election days, which reads as follows:
"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. ",
is repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
JURIES -- GRAND JURORS; JURIES IN SUPERIOR AND STATE COURTS.
Code Title 15, Chapters 7 and 12 Amended.
No. 751 (House Bill No. 85).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide uniform practice and procedure provisions regarding juries in state courts of counties; to change the number of persons selected as grand jurors by mechanical or electronic selection; to change the entities with which counties may contract to provide mechanical or electronic juror selection and to change certain conditions for such contracts; to provide for panels of jurors; to provide for six-person juries in civil cases in state courts; to provide that a jury of 12 may be demanded in certain cases; to provide for six-person juries for misdemeanor cases in state courts and superior courts; to provide for the filling of panels by additional competent and impartial jurors; to provide for peremptory challenges; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety Code Section 15-7-45, relating to jury composition and qualifications, and inserting in its place a new Code Section 15-7-45 to read as follows:
"15-7-45. Except as otherwise provided in Part 1 of Article 5 of Chapter 12 of this title, all laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by state courts."
Section 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 15-12-
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40, relating to compilation and revision of jury lists, and inserting in its place a new paragraph (1) to read as follows:
"(1) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board ofjury commissioners shall compile and maintain a jury list of all the intelligent and upright citizens of the county who are otherwise qualified to serve as jurors. The approved jury list may be taken from the registered voters' list of the county as most recently revised by the county board of registrars or other county election officials and from any other source approved by the board of jury commissioners. After selecting the citizens to serve as jurors, the board of jury commissioners shall select from the jury list any number of the most experienced, intelligent, and upright citizens to serve as grand jurors. The number of citizens on said list shall be established by the jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors required to be drawn in the county annually, not to exceed 5,000 jurors."
Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 15-12-42, relating to use of jury boxes and mechanical and electronic means of selecting jurors, and inserting in its place a new subsection (c) to read as follows:
"(c) A county utilizing mechanical or electronic means for the selection of jurors may, under proper court rule, contract for the drawing of their respective trial and grand jurors with any entity with which a county may contract under Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution and with any private business or entity within this state, but any such contract shall ensure that proper safeguards are maintained as provided in paragraph (2) of subsection (b) of this Code section. The drawing may be held outside of the county so contracting by a judge of the circuit or his designee upon proper posting and advertising in the county legal organ of the rule of court allowing this service to be performed for the county."
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Section 4. Said title is further amended by striking in its entirety Code Section 15-12-122, relating to the panels of jurors in civil cases, and inserting in its place a new Code Section 15-12-122 to read as follows:
"15-12-122. (a) (1) Except as provided in paragraph (2) of this Code section, in all civil actions in the state courts, the judge, at each term, shall make up from the array two panels of six jurors each from the trial jurors which shall be known and distinguished as panels 'number one' and 'number two.' All cases in such courts shall be tried by one or the other of such panels if the parties agree upon a panel. If the parties do not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels from which the parties or their attorneys may strike alternately until there are only six jurors left, who shall constitute the jury to try the case. In all cases the plaintiff shall have the first strike.
(2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section.
(b) In all civil actions in the superior courts, the judge, at each term, shall make up from the array two panels of 12 jurors each from the trial jurors which shall be known and distinguished as panels 'number one' and 'number two.' All civil cases in the superior courts shall be tried by one or the other of the panels if the parties shall agree upon a panel. If the parties do not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels, from which the parties or their attorneys may strike alternately until there are only twelve jurors left, who shall constitute the jury to try the case. In all cases the plaintiff shall have the first strike."
Section 5. Said title is further amended by striking in its entirety Code Section 15-12-123, relating to filling panels with
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tales jurors in civil cases, and inserting in its place a new Code Section 15-12-123 to read as follows:
"15-12-123. (a) (1) Except as provided in paragraph (2) of this subsection, in all civil actions in the state courts, each party may only demand a panel of 12 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury.
(2) In all civil actions in the state courts in which a jury of 12 is demanded, the judge shall follow the procedures for superior courts of subsection (b) of this Code section.
(b) In all civil actions in the superior courts, each party may demand a full panel of 24 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 24 before requiring the parties or their counsel to strike a jury."
Section 6. Said title is further amended by striking in its entirety Code Section 15-12-125, relating to the selection of trial jurors for misdemeanor cases, and inserting in its place a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in all courts, the prosecuting attorney and the accused may select either panel of six of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 12 jurors in attendance, of which the accused shall have the right to challenge four peremptorily, and the state two. The remaining six shall constitute the jury."
Section 7. Said title is further amended by striking in its entirety Code Section 15-12-126, relating to tales jurors for mis-
GEORGIA LAWS 1985 SESSION
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demeanor cases, and inserting in its place a new Code Section 15-12-126 to read as follows:
"15-12-126. When the regular panels of trial jurors cannot be furnished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used as the regular panels are used. The presiding judge shall draw the additional competent and impartial jurors from the jury box of the county and shall order the sheriff to summon them in the event that there are not sufficient jurors."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
PROFESSIONAL PRACTICES COMMISSION -- EXECUTIVE DIRECTOR AND EMPLOYEES.
Code Section 20-2-798 Amended.
No. 752 (House Bill No. 388).
AN ACT
To amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to change the provisions relating to the executive director and employees of the commission and their membership in the State Merit System of Personnel Administration; to provide that the executive director and all other employees of the commission shall be in the unclassified
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service of the State Merit System of Personnel Administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, is amended by striking Code Section 20-2-798, relating to the executive director and staff of the Professional Practices Commission, and inserting in lieu thereof a new Code Section 20-2-798 to read as follows:
"20-2-798. The commission shall be authorized to employ an executive director and such other professional and clerical staff as may be necessary to administer and execute the responsibilities and functions of the commission as provided by this part. The executive director and all other employees of the commission shall be members of the unclassified service of the State Merit System of Personnel Administration as provided by Chapter 20 of Title 45. The executive director and all other employees of the commission shall be members of the Employees' Retirement System of Georgia. All employer contributions to the retirement system and for social security for such employees shall be paid from funds appropriated for the operation of the commission."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
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UNIFORM COMMERCIAL CODE -- SECURED TRANSACTIONS; FINANCING STATEMENTS; CONTINUATION STATEMENTS; MATURITY DATES;
EXPIRATION.
Code Sections 11-9-402 and 11-9-403 Amended.
No. 753 (House Bill No. 712).
AN ACT
To amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date; to provide that financing statements and continuation statements shall expire within a certain period after the maturity date of the secured obligation, provided the obligation is not in default; to provide for all related matters; to provide 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. Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, is amended by striking subsection (1) of Code Section 11-9-402, relating to formal requisites of financing statements, and inserting in its place a new subsection to read as follows:
*'(1) A financing statement is sufficient if it gives the names of the debtor and the secured party, gives the maturity date of the secured obligation or specifies that such obligation is not subject to a maturity date, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, and contains a statement indicating the types, or describing the items, of collateral, A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops grow-
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ing or to be grown, or minerals or accounts subject to subsection (5) of Code Section 11-9-103, or when the financing statement is filed as a fixture filing (Code Section 11-9-313) and the collateral is goods which are or are to become fixtures, the statement must also comply with subsection (5) of this Code section. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by the debtor."
Section 2. Said part is further amended by striking subsection (3) of said Code Section 11-9-402 and inserting in its place a new subsection to read as follows:
"(3) A form substantially as follows is sufficient to comply with subsection (1) of this Code section:
Name of debtor (or assignor)
..
.IV
Address.................:;...;...........;....,....!:..;
..:!... I
Name of secured party (or assignee)
Address
...
Maturity date of obligation.. ! ..V.'.
1. This financing statement covers the following types (or items) of property: (Describe)
2. For financing statements to be indexed in the real estate records:
(Use whichever applicable to collateral involved)
The above crops are growing or are to be grown on:
(Describe real estate) The above goods are or are to become fixtures on:
(Describe real estate) The above minerals or the like (including oil and gas) or accounts will be financed at the wellhead or minehead of the well or mine on:
(Describe real estate)
And this financing statement is to be indexed in the real estate records.
GEORGIA LAWS 1985 SESSION
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(If the debtor does not have an interest of record in the real estate)
The name of the record owner or record lessee of the real estate is .
3. (If products of collateral are claimed) Products of the collateral are also covered.
(Use whichever is applicable)
Signature of debtor
(or assignor)
......
Signature of secured party
(or assignee)
."
Section 3. Said part is further amended by striking subsection (2) of Code Section 11-9-403, relating to filing and termination of financing statements, and inserting in its place a new subsection to read as follows:
"(2) Except as provided in subsection (6) of this Code section a filed financing statement is effective for a period of five years from the date of filing or until the twentieth day following the maturity date specified in the financing statement, whichever is earlier. The effectiveness of a filed financing statement lapses on the earlier of the expiration of the five-year period or the twentieth day following the maturity date unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until the normal expiration date of the financing statement, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse."
Section 4. Said part is further amended by striking subsection (3) of said Code Section 11-9-403 and inserting in its place a new subsection to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
"(3) A continuation statement may be filed by the secured party within six months prior to the expiration date specified in subsection (2) of this Code section. Any such continuation statement must be signed by the secured party, identify the original statement by file number, state the original statement is still effective, and specify the maturity date of the secured obligation or specify that such obligation is not subject to a maturity date. If the debtor's residence or principal place of business or the location of the collateral in this state has changed since the original filing so that the office where that filing was made is no longer the proper place to file an original statement under subsection (1) of Code Section 11-9-401, then the continuation statement shall be filed in the office where it is then proper to file original statements and shall recite the office where the original statement is filed and its file number in that office. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for a period of five years from the date of filing of the continuation statement or until the twentieth day following the maturity date specified in the continuation statement, whichever is earlier, whereupon it lapses in the same manner as provided in subsection (2) of this Code section unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement."
Section 5. This Act shall become effective July 1, 1985, and shall apply to financing statements originally filed on or after said effective date.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
GEORGIA LAWS 1985 SESSION
APPROPRIATIONS -- S.F.Y. 1985-86. No. 755 (House Bill No. 226). AN ACT
1521
To make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 1,1985, and ending June 30, 1986, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State including unappropriated surplus and a revenue estimate of $4,838,000,000 for State fiscal year 1986.
PART I. LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch
18,308,851
Personal Services | Staff.
$ 7,827,921
Personal Services - Elected
Officials
,
$ 2,380,108
Regular Operating Expenses 1
$ 1,656,924
Travel - Staff.
$
125,200
Travel - Elected Officials
$
-0-
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing
$
533,000
1522
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases
....!
Computer Charges
Real Estate Rentals....
1
Telecommunications
Per Diem, Fees and
Contracts - Staff
Per Diem, Fees and
Contracts - Elected Officials.....
Postage..;.*... ;
/....
Photography./...............
Expense Reimbursement Account
Capital Outlay...;V.
Total Funds Budgeted......!..........
State Funds Budgeted...;..?&....
.$ .$ .$ .$
.$
..... .$ .$ .$ .$ .$
1..H .$ .$
464,022 586,684
62,211 600,803
540,690
1,719,896 63,592 65,000
1,132,800 550,000
18,308,851 18,308,851
Senate Functional Budgets
Total Funds State Funds
Senate and Research Office
Lt. Governor's Office
$ 3,222,412 $ 3,222,412
$
363,856 $
363,856
Secretary of the Senate's Office
Total
$
900,417 $
900,417
$ 4,486,685 $ 4,486,685
House Functional Budgets
Total Funds State Funds
House of Representatives and Research Office
$ 7,043,155 $ 7,043,155
Speaker of the House's Office
$
233,881 $
233,881
Clerk of the House's Office
Total
$
988,901 $
988,901
$ 8,265,937 $ 8,265,937
GEORGIA LAWS 1985 SESSION
1523
Joint Functional Budgets
Total Funds State Funds
Legislative Counsel's Office
$ 2,228,767 $ 2,228,767
Legislative Fiscal Office
$ 1,531,242 $ 1,531,242
Legislative Budget Office
$
720,594 $
720,594
Ancillary Activities
$ 1,075,626 $ 1,075,626
Total
$ 5,556,229 $ 5,556,229
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational
1524
GENERAL ACTS AND RESOLUTIONS, VOL. I
Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State . Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
Section 2. Department of Audits.
Budget Unit: Department of Audits.............^
Operations Budget:
Personal Services...
....$
Regular Operating Expenses
$
Travel
....$
Motor Vehicle Purchases
$
Publications and Printing ...
$
Equipment Purchases
$
Real Estate Rentals
$
Computer Charges....
...$
Telecommunications
$
Total Funds Budgeted.
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
7,429,771
7,799,581 206,279 598,000 48,000 25,500 10,000 238,490 103,000 54,000
9,082,850 7,429,771
205 37
GEORGIA LAWS 1985 SESSION
1525
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...
.$ 3,174,486
Section 4. Court of Appeals. Budget Unit: Court of Appeals......................^
3,606,414
Section 5. Superior Courts.
Budget Unit: Superior Courts........................^
Operation of the Courts
$
Prosecuting Attorneys' Council
$
Sentence Review Panel
$
Council of Superior
Court Judges
....$
Judicial Administrative
Districts
$
Habeas Corpus Clerk......
.$
27,572,779 26,251,452
538,924 114,778
51,378
609,002 7,245
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts
4
188,462
Section 7. Institute of Continuing
Judicial Education.
Budget Unit: Institute of Continuing
Judicial Education ...............................3
Institute's Operations
...$
Georgia Magistrate Courts
Training Council
$
280,912 263,500
17,412
Section 8. Judicial Council. Budget Unit: Judicial Council
Council Operations g Payments to Judicial
Administrative Districts for Case Counting Board of Court Reporting
632,621
$
544,486
$
67,100
$
21,035
1526
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission...........................................3
104,325
PART III. EXECUTIVE BRANCH
Section 10. Department of Administrative Services.
A. Budget Unit: Department of
Administrative Services........................^
Administrative 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
$
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
$
Direct Payments to Georgia
Building Authority for
Operations
$
Telephone Billings
$
37,874,554
30,664,526 7,187,813 186,613
378,330 266,901 1,015,498 7,369,431 2,802,692 500,011 511,381 20,041,264
32,700
11,552
-0-
1,845,140
294,032
855,968
695,103 29,292,784
GEORGIA LAWS 1985 SESSION
1527
Materials for Resale Public Safety Officers
Indemnity Fund Health Planning Review
Board Operations Georgia Golf Hall of
Fame Operations Unemployment Compensation
Payments Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 8,636,000
, 608,800
$
55,000
$
30,000
2,000,000 $ 115,281,539 $ 37,874,554 1,003 300
Department of Administrative Services Functional Budgets
Pos. Total Funds State Funds
State Properties Commission
6 $
328,502 $
328,502
Departmental Administration
42 $ 3,732,755 $ 3,732,755
Treasury and Fiscal Administration
30 $ 10,579,339 $ 8,734,199
Central Supply Administration
19 $ 8,467,852 $
-0-
Procurement Administration
52 $ 2,267,127 $ 2,267,127
General Services Administration
11 $
494,112 $
-0-
Space Management Administration
12 $
442,971 $
442,971
Data Processing Services 541 $ 45,240,082 $ 16,369,000
Motor Pool Services
24 $ 2,260,945 $
-0-
Communication Services 120 $ 33,930,255 $ 6,000,000
1528
GENERAL ACTS AND RESOLUTIONS, VOL. I
Printing Services
Surplus Property Services
Mail and Courier Services
Risk Management Services
Undistributed
Total
69 $ 4,740,892 $
-0-
40 $ 1,316,424 $
-0-
10 $
349,232 $
-0-
27 $ 1,131,051 $
0 $
-0- $
1,003 $ 115,281,539 $
-0-037,874,554
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
$
-0-
,.$ 14,842,173
,.$ 3,353,461
,$
4,000
I
34,600
..$
30,000
..$
94,860
..$
-0-
..$
46,296
..$
84,679
..$
120,000
..$
500,000
855,968
6,953,164
-0-
-026,919,201
-0542
39
GEORGIA LAWS 1985 SESSION
1529
Section 11. Department of Agriculture.
A. Budget Unit: Department of Agriculture
State 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 Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratories Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton Veterinary Fees Indemnities Bee Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Contract - Federation of Southern Cooperatives Tick Control Program Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
26,498,222
23,536,508
2,178,472
..$
848,358
S
236,313
529,546
139,216
170,000
598,167
350,557
272,910
520,500
1,804,209
$
1,313,370
$
639,750
$
58.000
$
50.000
95.000
305,939
285,000
60,000 50,000 34,041,815 26,498,222
910 271
1530
GENERAL ACTS AND RESOLUTIONS, VOL. I
Department of Agriculture Functional Budgets
Pos. Total Funds State Funds
Plant Industry
171 $ 4,925,110 $ 4,370,822
Animal Industry
62 $ 5,836,851 $ 5,469,964
Marketing
43 $ 1,730,888 $ 1,722,888
General Field Forces
107 $ 2,755,363 $ 2,755,363
Internal Administration
55 $ 3,145,916 $ 3,038,515
Information and Education
8 $ 1,134,847 $ 1,134,847
Fuel and Measures
71 $ 1,992,837 $ 1,987,837
Consumer Services
27 $
946,710 $
946,710
Consumer Protection Field Forces
130 $ 4,230,350 $ 3,305,659
Meat Inspection
122 $ 3,600,113 $ 1,452,943
Major Markets
106 $ 3,466,341 $
312,674
Seed Technology
8 $
276,489 $
-0-
Undistributed
0 $
-0- $
-0-
Total
910 $ 34,041,815 $ 26,498,222
B. Budget Unit: Georgia Agrirama
Development Authority
4
Georgia Agrirama Development
Authority Budget:
Personal Services
|
$
Regular Operating Expenses
... $
Travel
,
$
Motor Vehicle Equipment Purchases $
Publications and Printing
j
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
-0-
515,282 116,592
6,720 -0-
12,917 9,552 -0-06,972
GEORGIA LAWS 1985 SESSION
1531
Per Diem, Fees and Contracts
Capital Outlay
Goods for Resale
.
.
Total Funds Budgeted.........:
State Funds Budgeted...-
Total Positions Budgeted
,.
$
24,250
137,000
...
$
85,674
$
914,959
$
305,939
28
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
4,339,157
3,502,750 168,715 255,000 92,300 14,300 4,900 116,200 146,000 36,992 2,000
4,339,157 4,339,157
102 28
Section 13. Department of Community Affairs.
A. Budget Unit: Department of
Community Affairs
State Operations Budget:
Personal Services
Regular Operating Expenses
Travel.......
Motor Vehicle Equipment
Purchases
|
I
Publications and Printing
Equipment Purchases
Computer Charges
Real Estate Rentals
Telecommunications..:.
.$
5,748,703
$
4,036,325
$
135,040
$
187,900
$
24,000
$
70,025
$
7,072
$
21,000
$
205,692
$
84,900
1532
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts
$
84,430
Capital Felony Expenses
....$
50,000
Contracts with Area Planning
and Development Commissions
$ 1,282,500
Local Assistance Grants
$
347,000
Appalachian Regional Commission
Assessment
....$
83,320
Community Development Block
Grants (Federal)
$ 35,900,000
Juvenile Justice
Grants (Federal).....^...
$ 1,000,000
Grant - Richmond County
$
-0-
Economic Development Grants
$
150,000
Payment to Georgia
Development Authority
$
380,000
Technical Assistance
to S.D.A
r.
$
-0-
Total Funds Budgeted
$ 44,049,204
State Funds Budgeted
5,748,703
Total Positions Budgeted
106
Authorized Motor Vehicles
7
Department of Community Affairs Functional Budgets Pos. Total Funds State Funds
Executive and Administrative
Technical Assistance
18 $ 29 $
2,861,431 $ 2,244,693 $
2,805,931 1,049,994
Community and Economic Development
Intergovernmental Assistance
38 $ 37,842,419 $ 1,136,394
18 $
960,648 $
756,384
Job Training Partnership Act
Undistributed
Total
3 $
140,013 $
0 $
-0- $
106 $ 44,049,204 $
-0-05,748,703
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 Rental Assistance Payments Grants to Housing Sponsors Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$
2,530,628
$
332,004
$
79,379
$ $ $ $ $ $ $
$ $_ $ ....$
84,842 64,121 76,302 40,865 164,062 74,253 163,555 11,500,000 500,000 15,610,011
Sr 87 37
Authorities Functional Budgets
Pos. Total Funds State Funds
Georgia Residential
Finance Authority
81 $ 15,230,011 $
-0-
Georgia Development
Authority
6 $
380,000 $
-0-
Undistributed
0 $
-0- $
-0-
Total
87 $ 15,610,011 $
-0-
Section 14. Office of Comptroller General.
Budget Unit: Office of Comptroller General
Operations Budget: Personal Services Regular Operating Expenses Travel
7,635,281
$
6,929,109
$
366,041
$
184,400
1534
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
68,400 158,716
98,458 198,514 469,325 120,412
31,250 8,624,625 7,635,281
254 57
Office of Comptroller General Functional Budgets
Pos. Total Funds State Funds
Internal Administration
22 $ 1,265,157 $ 1,265,157
Insurance Regulation
56 $ 1,947,045 $ 1,841,051
Industrial Loans Regulation
13 $
516,234 $
516,234
Information and Enforcement
45 $ 1,431,518 $ 1,431,518
Fire Safety and Mobile Home Regulations
118 $ 3,464,671 $ 2,581,321
Undistributed
0 $
-0- $
-0-
Total
254 $ 8,624,625 $ 7,635,281
Section 15. Department of Defense.
Budget Unit: Department of Defense
3,440,850
Operations Budget:
Personal Services....
^ ...$ 5,669,303
Regular Operating Expenses
$ 1,602,391
Travel
60,320
Motor Vehicle Equipment
Purchases
16,800
Publications and Printing
...$
40,667
GEORGIA LAWS 1985 SESSION
1535
Equipment Purchases
$
132,142
Computer Charges
$
8,986
Real Estate Rentals
Ml
i..$
6,160
Telecommunications
....$
70,258
Per Diem, Fees and Contracts
$
137,000
Utilities
$ 1,536,880
Grants to Locals -
EMA (P&A) M/S
1,160,025
Grants - Others
$
62,282
Georgia Military Institute Grant.....
$
18,000
Civil Air Patrol Contract
$
42,000
Capital Outlay
....$
10,000
Grants to Armories
....$
477,500
Repairs and Renovations
$
63,000
Total Funds Budgeted
$ 11,113,714
State Funds Budgeted
$ 3,440,850
Total Positions Budgeted
219
Authorized Motor Vehicles
20
Department of Defense Functional Budgets
Pos. Total Funds State Funds
Office of the Adjutant General
22 $ 2,074,499 $
844,468
Georgia Emergency Management Agency
39 $ 1,895,381 $
666,709
Georgia Air National Guard
69 $ 2,745,657 $
362,398
Georgia Army National Guard
89 $ 4,398,177 $ 1,567,275
Undistributed
0 $
-0- $
-0-
Total
219 $ 11,113,714 $ 3,440,850
Section 16. State Board of Education Department of Education.
A. Budget Unit: Department of Education............................................. ..$ 1,845,528,632
1536
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operations:
Personal Services.
$ 21,203,196
Regular Operating Expenses
$ 2,049,230
Travel...
$
977,915
Motor Vehicle Equipment
Purchases
$
-0-
Publications and Printing
$
618,940
Equipment Purchases
$
132,295
Computer Charges
$ 1,318,605
Real Estate Rentals.......
2,016,185
Telecommunications ;............1
$
566,625
Per Diem, Fees and
Contracts
$ 6,872,973
Utilities
$
53,485
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a)
*
$ 762,889,231
Salaries of Instructional
Personnel Code Section
20-2-152
$ 134,214,745
Salaries of Instructional
Personnel Code Section
20-2-153
......$ 74,645,607
Salaries of Student
Supportive Personnel
33,364,544
Salaries of Administrative
and Supervisory
Personnel
$ 87,761,713
Special Education
Leadership Personnel
$ 3,824,472
Instructional Media
. $ 20,567,706
Instructional Equipment
......$
717,192
Maintenance and Operation........
$ 102,288,124
Sick and Personal Leave
.,,...$ 5,717,971
Travel........
&
$ 1,051,882
Pupil Transportation
$ 92,704,476
Isolated Schools
$
673,600
Non-APEG Grants:
Education of Children of
Low-Income Families
$ 78,364,380
Teacher Retirement
$ 153,975,458
GEORGIA LAWS 1985 SESSION
1537
Instructional Services for
the Handicapped
$ 22,688,125
Preparation of Professional
Personnel in Education
of Handicapped Children
$
-0-
Tuition for the Multi-
handicapped
11....;.....$
1,487,504
Severely Emotionally
Disturbed
$ 20,196,850
Compensatory Education....
.........$ 18,601,401
School Lunch (Fed.)
$ 110,667,400
School Lunch (State).......................j.. $ 19,515,543
Innovative Programs
...$
288,000
Staff Development
...$
800,000
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification
4,896,326
Cooperative Educational
Service Areas
8 4,905,626
Superintendents Salaries
$ 6,220,178
High School Program
.L... $ 34,522,229
Area School Program
$ 67,415,256
Education Technology
Grants
$
1,000,000
Junior College Program
$ 2,251,961
Governor's Scholarship
$
250,000
Quick Start
$ 2,800,000
Special Projects
$
-0-
Job Training and
Partnership Act
$ 7,000,000
Vocational Research and
Curriculum
366,540
Adult Education
$ 3,274,741
Salaries and Travel of
Public Librarians
$ 6,228,412
Public Library Materials
... $ 3,839,970
Talking Book Centers
.........$
674,405
Public Library M & O !
$ 2,985,849
Public Library Construction
$
-0-
Instructional Aides
10,407,037
Teacher Health Insurance
$ 47,380,958
1538
GENERAL ACTS AND RESOLUTIONS, VOL. I
Health Insurance - Non
Certificated Personnel
Teacher Health Insurance -
Retired Teachers
Capital Outlay
Grants to Local School
Systems for Educational
Purposes
.i
Area Vocational-Technical
School Construction...............
Salaries of Extended
Pre-School Personnel
Child Care Lunch
Program (Federal)
Chapter II - Block Grant
Flow Through
Total Funds Budgeted
Indirect DOAS Services
Funding
State Funds Budgeted
Total Positions Authorized
Authorized Motor Vehicles
$ 21,624,000
$ 7,807,000
$
-0-
$ 78,000,000
$
250,000
$
-0-
$ 13,500,000
$ 8,702,656 $2,119,118,517
$
340,000
$1,845,528,632
665
6
Education Functional Budgets
Pos. Total Funds State Funds
Instructional Services
168 $ 6,915,106 $ 4,105,300
Governor's Honors Program
2 $
806,807 $
791,807
Vocational Education
98 $ 5,201,130 $ 3,048,512
Public Library Services
42 $ 1,719,770 $
778,574
State Administration
31 $ 2,024,170 $ 1,615,715
Administrative Services
210 $ 9,837,547 $ 6,036,699
Planning and Development
102 $ 8,524,978 $ 7,664,992
GEORGIA LAWS 1985 SESSION
1539
Professional Standards Commission
3 $
177,750 $
177,750
Vocational Advisory
Council
2 $
153,712 $
-0-
Professional Practices Commission
7 $
448,479 $
448,479
Local Programs Undistributed
0 $2,083,309,068 $1,820,860,804
7 $
-0- $
-0-
Total
665 $2,119,118,517 $1,845,528,632
B. Budget Unit: Institutions........................^ 19,016,030
Institutional Operations:
Personal Services
$ 16,405,555
Regular Operating Expenses
,
$ 2,351,525
Travel...
$
40,000
Motor Vehicle Equipment
Purchases
$
21,800
Publications and Printing
,,.....$
16,540
Equipment Purchases............ ,
$
363,500
Computer Charges...
$
103,320
Telecommunications
...,
$
114,995
Per Diem, Fees and Contracts
$
167,575
Utilities.....!..:..
1,921,265
Capital Outlay......
-0-
Total Funds Budgeted............................ .$ 21,506,075
State Funds Budgeted.....
:..
$ 19,016,030
Total Positions Budgeted
$
671
Authorized Motor Vehicles
$
80
Institutions Functional Budgets
Pos. Total Funds State Funds
Georgia Academy for the Blind
146 $ 3,560,345 $ 3,278,015
Georgia School for the Deaf
227 $ 6,569,401 $ 6,278,974
1540
GENERAL ACTS AND RESOLUTIONS, VOL. I
Atlanta Area School for the Deaf
North Georgia VocationalTechnical School
South Georgia VocationalTechnical School
Undistributed
Total
100 $ 3,267,937 $ 3,084,070
106 $ 4,399,454 $ 3,373,504
92 $ 0 $
671 $
3,708,938 $ ^ $
21,506,075 $
3,001,467 -0-
19,016,030
C. Budget Unit: Board of Postsecondary
Vocational Education
.$
Board of Postsecondary Vocational
Education 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
328,316
427,850 13,505 13,200 -07.000 3.000 15,000 59,550 9,530
108,000 656,635 328,316
10
Section 17. Employees' Retirement
System.
Budget Unit: Employees' Retirement
System....................................................^
Employees' Retirement System Budget:
Personal Services
$
Regular Operating Expenses....
$
Travel
$
Motor Vehicle Equipment Purchases $
Publications and Printing
v.f.. $
Equipment Purchases
$
-0-
678,232 11,675 7,500 -021,150 3,100
GEORGIA LAWS 1985 SESSION
1541
Computer Charges
..
Real Estate Rentals
Telecommunications
Per Diem, Fees and Contracts
Postage.....
Benefits to Retirees
Employer Contribution
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$ $ $ $ $ $ $ $ ....$
155,119 74,046 11,779
538,500 65,000 -0-0-
1,566,101 -027 1
Section 18. Forestry Commission.
Budget Unit: Forestry Commission
28,552,452
State Operations Budget:
Personal Services
$ 21,600,319
Regular Operating Expenses
5,076,778
Travel
$
130,113
Motor Vehicle Equipment
Purchases
$ 1,784,351
Publications and Printing...
86,559
Equipment Purchases
...ff!..
$ 2,420,823
Computer Charges.
...$
63,738
Real Estate Rentals..;. Telecommunications
.v.$ ......$
18,211 575,055
Per Diem, Fees and Contracts
$
138,871
Contractual Research
....$
250,000
Payments to the University of
Georgia, School of Forestry
for Forest Research
$
300,000
Ware County Grant
$
90,000
Wood Energy Program
.........$
93,582
Capital Outlay
.......$
150,000
Total Funds Budgeted
$ 32,778,400
State Funds Budgeted
.....$ 28,552,452
Total Positions Budgeted
876
Authorized Motor Vehicles
763
Forestry Commission Functional Budgets
Pos. Total Funds State Funds
Reforestation
51 $ 2,963,075 $
942,175
Field Services
794 $ 27,861,443 $ 25,664,395
1542
GENERAL ACTS AND RESOLUTIONS, VOL. I
Wood Energy General Administration
and Support Undistributed Total
1 $
93,582 $
93,582
30 $ 1,860,300 $ 1,852,300
_0 $
-0- $
-0-
876 $ 32,778,400 $ 28,552,452
Section 19. Georgia Bureau of
Investigation.
Budget Unit: Georgia Bureau
of Investigation....
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
Evidence Purchased
Utilities.......
.:
:!....
Postage
Capital Outlay i !
Total Funds Budgeted :...,
Indirect DOAS Funding
Total State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
.$
$ ......$
$
$ $ $ $ $ $ ...$ .C $ $ $ $ $ ,...$ $
24,488,958
16,450,123 1,641,906 489,700
1,050,000 90,785
616,836 2,418,363 1,446,807 1,114,172
30,710 350,000
89,966 59,590 40,000 25,888,958 1,400,000 24,488,958
507 320
Georgia Bureau of Investigation Functional Budgets
Pos. Total Funds State Funds
Administration
23 $ 2,484,169 $ 2,484,169
Drug Enforcement
82 $ 4,581,870 $ 4,581,870
Forensic Sciences Georgia Crime
Information Center Undistributed
Total
93 $ 4,048,204 $ 4,048,204
103 $ 5,775,656 $ 4,375,656
0 $
-0- $
-0-
507 $ 25,888,958 $ 24,488,958
Section 20. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission
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 Total Funds Budgeted Total Expenditures Authorized State Funds Budgeted Total Positions Budgeted
$ $ $ $ $ $ $
$ $ $_ $ $ $
-0-
905,224 29,275 9,000 -01,200 2,325 13,238 86,130 11,100 110,000
1,167,492 1,167,492
-021
Section 21. Office of the Governor.
A. Budget Unit: Governor's Office..............^
1. Governor's Office Budget:
Cost of Operations
...$
Mansion Allowance
$
Governor's Emergency Fund
$
Intern Stipends and Travel
$_
Total Funds Budgeted...
$
State Funds Budgeted
$
5,464,522
2,253,561 40.000
2,500,000 130.000
4,923,561 4,923,561
1544
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Office of Fair Employment Practices
Budget:
Personal Services
........$
472,801
Regular Operating Expenses
10,115
Travel
.
1 $
10,815
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing
$
2,825
Equipment Purchases .
$
-0-
Computer Charges
-0-
Real Estate Rentals :
$
69,915
Telecommunications
$
11,740
Per Diem, Fees and Contracts
$
22,750
Total Funds Budgeted
$
600,961
State Funds Budgeted
.
$
540,961
Total Positions Budgeted
15
Budget Unit Object Classes:
Cost of Operations
,
....$ 2,253,561
Mansion Allowance
$
40,000
Governor's Emergency Fund
$ 2,500,000
Intern Stipends and Travel
$
130,000
Personal Services
$
472,801
Regular Operating Expenses.....,,...
$
10,115
Travel
...$
10,815
Motor Vehicle Equipment Purchases.......$
-0-
Publications and Printing
2,825
Equipment Purchases
,.$
-0-
Computer Charges
..$
-0-
Real Estate Rentals
$
69,915
Telecommunications
...$
11,740
Per Diem, Fees and Contracts
$
22,750
Total Positions Budgeted
15
Authorized Motor Vehicles
0
B. Budget Unit: Office of Planning
and Budget
3,708,539
Office of Planning and
Budget Budget:
Personal Services...
$ 3,079,134
Regular Operating Expenses.............. $
87,705
Travel........
........... 79,000
Motor Vehicle Equipment Purchases.......$
-0-
Publications and Printing....
$
35,360
GEORGIA LAWS 1985 SESSION
1545
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
5,000
...* $
151,000
$
190,840
$
55,000
$
85,500
$ 3,768,539
$ 3,708,539
74
0
C. Budget Unit: Units Attached for
Administrative Purposes
Only
.$ 4,971,720
Attached Units Budget:
Personal Services
$ 2,731,204
Regular Operating Expenses....
..; $
125,957
Travel.....
53,000
Motor Vehicle Equipment
Purchases
u............ $
-0-
Publications and Printing
$
52,085
Equipment Purchases
$
7,500
Computer Charges...
;.
....$
34,825
Real Estate Rentals ...:t
$
250,035
Telecommunications
$
140,085
Per Diem, Fees and Contracts
$ 5,408,226
Art Grants - State Funds
......$
1,809,971
Art Grants - Federal Funds
$
360,860
Art Grants - Donations
........$
42,000
Total Funds Budgeted
....$ 11,015,748
State Funds Budgeted
.....$ 4,971,720
Total Positions Budgeted
86
Authorized Motor Vehicles
0
Attached Units Functional Budgets
Pos. Total Funds State Funds
Council for the Arts
13 $ 2,667,288 $ 2,200,588
Office of Consumer Affairs
45 $ 1,614,429 $ 1,614,429
State Energy Office
10 $ 5,832,243 $
271,460
1546
GENERAL ACTS AND RESOLUTIONS, VOL. I
Governor's Committee on Post-Secondary Education
Consumers' Utility Counsel
Criminal Justice Coordinating Council
Undistributed
Total
3 $
152,292
9 $
435,439
6 $
314,057
_0 $
-0-
86 $ 11,015,748
152,292
418,894
314,057 -0-
4,971,720
Section 22. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities..............................
Grants to Counties ........A........
Grants to Municipalities........ Total Funds Budgeted State Funds Budgeted
6,800,000 2,600,000
4.200.000 6.800.000 6,800,000
Section 23. Department of Human Resources.
A. Budget Unit: Departmental
Operations
.....4
1. General Administration and
Support Budget:
Personal Services ....'....A. M4
Regular Operating Expenses
$
Travel
...i Al.*?. A ;... A.........It
Motor Vehicle Equipment
Purchases ~ 5A .1
t
Publications and Printing
4
Equipment Purchases
t
Computer Charges
t
Real Estate Rentals...........
.$
Telecommunications
t
304,811,192
29,456,390 1,223,285 841,485
-0184,350 126,410 1,825,443 3,498,862 595,425
GEORGIA LAWS 1985 SESSION
1547
Per Diem, Fees and Contracts
$ 9,866,742
Utilities
$
178,100
Postage
....$
658,380
Menninger Group Homes
$
387,000
Benefits for Child Care...
1,190,722
Contract - Georgia
Advocacy Office, Inc
215,000
Total Funds Budgeted
..$ 50,247,594
Indirect DOAS Services Funding
......$
638,300
Indirect GBA Funding
$
-0-
Agency Funds
..$ 25,375,132
Social Services
Block Grant Funds
........$
1,655,800
State Funds Budgeted......
$ 22,578,362
Total Positions Budgeted
977
Authorized Motor Vehicles
7
General Administration and Support Functional Budgets
Pos. Total Funds State Funds
Commissioner's Office
13 $
677,579 $
677,579
Administrative Appeals
25 $
923,207 $
923,207
Administrative Policy, Coordination, and Direction
4 $
191,768 $
191,768
Personnel
47 $ 5,466,155 $ 5,379,462
Support Services
60 $ 2,464,625 $ 2,198,353
Systems Planning, Development and Training
EDP-Planning and Coordination
Indirect Cost
Facilities Managements
4 $
149,789 $
149,789
0 $. 0 $ 11 $
365,400 $
165,400
-0- $ (5,405,300)
3,899,387 $ 2,790,622
1548
GENERAL ACTS AND RESOLUTIONS, VOL. I
Community/ Intergovernmental Affairs
20 $
Budget Administration
43 $
Accounting Services
150 $
Auditing Services
47 $
Special Projects
0 $
Children and Youth Planning
4 $
Troubled Children
Benefits
0 $
Developmental
Disabilities
6 $
Council on Maternal
and Infant Health
3 $
Council on Family
Planning
0 $
Community Services
9 $
Regulatory Services -
Program Direction
and Support
9 $
Child Care Licensing
59 $
Laboratory Improvement
17 $
Health Care Facilities Regulation
61 $
Compliance Monitoring
10 $
Radiological Health
21 $
829,982 $ 1,449,888 $ 3,811,150 $ 1,667,587 $
284,600 $ 184,046 $ 1,577,722 $ 231,674 $ 110,488 $
13,500 $ 9,207,996 $
391,591 $ 1,727,907 $
618,029 $ 2,253,313 $
398,328 $ 626,164 $
829,982 1,449,888 3,811,150 1,667,587
284,600 184,046 1,577,722
-0110,448
1,350 -0-
391,591 1,690,907
475,873 628,612 398,328 465,999
GEORGIA LAWS 1985 SESSION
1549
Fraud and Abuse
53 $ 2,016,687 $
253,545
Child Support Recovery 301 $ 8,709,072 $ 1,285,854
-0-
Total
977 $ 50,247,594 $ 22,578,362
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
p||
$
Postage
$
Crippled Children Clinics...!
$
Grants for Regional
Intensive Infant Care
$
Grants for ^Regional
Maternal and Infant Care
$
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 fpr
Cystic Fibrosis Program
$
Contract with Emory University
for Cancer Research
$
Contract with Auditory
Educational Clinic
$
31,716,714 44,776,021
923,960
10,000 298,475 190,398 368.000 587,521 512,083 13,644,585
-086,375 517,572
3,202,400
1.687.000 800.000
3.767.000 605,000
2.253.000
100,000
4,193,000
42.000
117,000
78.000
1550
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grant-In-Aid to Counties..;
.$ 42,447,282
Contract with Emory University
for Arthritis Research.
$
215,000
Contract for
Scoliosis Screening.
$
115,000
Family Planning Benefits
$
301,530
Grants to Counties for Teenage
Pregnancy Prevention
$
257,500
Grant to Counties for
Metabolic Disorders
Screening and Treatment .
$
45,000
Contract - Macon-Bibb County
Hospital Authority
:.....
$ 4,000,000
Total Funds Budgeted
$ 157,857,416
Indirect DOAS Services Funding
$
549,718
Agency Funds
73,628,842
State Funds Budgeted
83,678,856
Total Positions Budgeted
1,094
Authorized Motor Vehicles
6
Public Health Functional Budgets
Director's Office Employee's Health Health Program
Management Vital Records
Pos. Total Funds State Funds
7 $
611,925 $
414,700
9 $
315,938 $
280,938
27 $ 60 $
829,859 $ 1,340,478 $
744,859 1,317,978
Health Services Research
Primary Health Care
12 $ 15 $
564,625 $ 609,764 $
341,807 609,764
Stroke and Heart Attack Prevention
Epidemiology
Immunization
24 $ 12 $ 10 $
1,628,378 $ 842,302 $ 412,514 $
1,152,378 514,726 1,104
GEORGIA LAWS 1985 SESSION
1551
Sexually Transmitted Diseases
33 $ 1,438,920 $
Community Tuberculosis Center
27 $
1,282,002 $
Family Health Management
22 $ 6,943,640 $
Infant and Child Health
14 $ 5,758,942 $
Maternal Health Perinatal
5 $
251,289 $
Family Planning
185 $ 8,254,200 $
Malnutrition
28 $ 48,665,776 $
Dental Health
20 $ 1,394,645 $
Children's Medical Services
87 $ 7,528,162 $
Chronic Disease
20 $ 1,670,062 $
Diabetes
4 $
455,502 $
Cancer Control
6 $ 3,026,614 $
Environmental Health
8 $
883,356 $
Laboratory Services
121 $ 4,393,145 $
Emergency Health
22 $ 2,257,647 $
Minimum Foundation
190 $ 8,173,589 $
Newborn Follow Up Care
22 $
648,279 $
Sickle Cell, Vision and Hearing
15 $ 1,063,797 $
High-Risk Pregnant Women and Infants
19 $ 5,370,755 $
371,344
1,159,672
1,464,576 5,629,427
13,610 3,340,049
-01,171,462
4,768,278 1,670,062
361,671 3,026,614
344,584 3,713,475 1,197,147 8,040,692
465,329
1,063,797
5,370,755
1552
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grant in Aid to Counties
0 $ 38,858,807 $ 34,007,984
Teenage Pregnancy Prevention
0 $
257,500 $
257,500
Community Care
70 $ 2,071,004 $
862,574
Undistributed
0 $
-0- $
-0-
Total
1,094 $ 157,857,416 $ 83,678,856
3. Mental Health - Program
Direction and Support Budget:
Personal Services
$ 4,598,054
Regular Operating Expenses
$
118,525
Travel.....
$
124,450
Motor Vehicle Equipment Purchases $
-0-
Publications and Printing
$
61,300
Equipment Purchases
$
8,500
Computer Charges
$
756,193
Real Estate Rentals
:
$
-0-
Telecommunications
$
212,000
Per Diem, Fees and Contracts
$
210,150
Utilities
$
-0-
Postage
$
750
Contract with
Housing Alternatives...
l
$
70,000
Total Funds Budgeted
$ 6,159,922
Social Services Block Grant Funds
$
15,000
Indirect DOAS Services Funding
$
779,100
Agency Funds......
$
462,316
State Funds Budgeted
$ 4,903,506
Total Positions Budgeted
127
Mental Health - Program Direction and Support Functional Budgets
Pos. Total Funds State Funds
Administration
63 $ 3,404,943 $ 2,475,043
Special Projects and Contracts
2 $
53,192 $
3,192
GEORGIA LAWS 1985 SESSION
1553
Program Coordination
61 $ 2,659,061 $ 2,382,545
MH/MR Advisory Council
1 $
42,726 $
42,726
Undistributed
_0 $
St $
-0-
Total
127 $ 6,159,922 $
4. Youth Services - Program
Direction and Support:
Personal Servicesv:
.^.
......$
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
.V.
$
Benefits for Child Care
$
Total Funds Budgeted.....
$
Indirect DOAS Services Funding
$
Agency Funds.......
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
4,903,506
1,356,252 31,682 30,650 -06,200 4,190 75,000 -037,860 3,500 -0-0-0-
1,545,334 -0-0-
1,545,334 38 0
5. Services to the Aged Budget:
Personal Services
Regular Operating Expenses.....
Travel
Motor Vehicle Equipment
Purchases
.19.
Publications and Printing...
Equipment Purchases
Computer Charges
Real Estate Rentals..
Telecommunications
Per Diem, Fees and Contracts
Utilities
H
$ 1,982,956
$
46,980
$
56,800
....$
-0-
27,000
.....$
2,860
......$
210,800
....$
33,500
..$
51,060
..$ 22,805,431
$
-0-
1554
GENERAL ACTS AND RESOLUTIONS, VOL. I
Payments to DMA Postage Total Funds Budgeted Social Services
Block Grant Funds., Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 4,782,801
$
920
$ 30,001,108
$ 2,998,100 $ 18,042,164 $ 8,960,844
64 224
Services to the Aged Functional Budgets
Pos. Total Funds State Funds
Administration and Planning
43 $ 3,304,413 $ 1,144,489
Aging Services
0 $ 19,311,020 $ 1,767,364
Alternative Health Services
21 $ 7,385,675 $ 6,048,991
Undistributed
0 $
-0- $
4L
Total
64 $ 30,001,108 $ 8,960,844
6. Rehabilitation Services Budget: Personal Services Regular Operating Expenses.. Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Grants for Nephrology Centers
$ 24,097,680
$ 1,127,938
$
527,050
$
-0-
$
58,310
$
54,475
$
761,850
$
990,295
$
555,570
$
832,575
$
303,250
$
92,050
$
245,000
GEORGIA LAWS 1985 SESSION
1555
Contract with Vocational
Rehabilitation Community
Facilities
$ 4,219,500
Contract for Epilepsy..
..$
67,000
Case Services
$ 9,487,500
E.S.R.P. Case Services....:
....'..$
50,000
Contract with the Affirmative
Industries..........;.
fill 110,000
Contract with RCW Industries, Inc
$
146,000
Total Funds Budgeted..
$ 43,726,043
Indirect DOAS Services Funding
$
50,000
Agency Funds S
...$ 30,212,420
State Funds Budgeted
..$ 13,463,623
Total Positions Budgeted
806
Authorized Motor Vehicles
24
Rehabilitation Services Functional Budgets
Pos. Total Funds State Funds
Program Direction and Support
50 $ 2,761,225 $ 1,161,225
Grants Management
2 $
561,381 $
464,377
Atlanta Rehabilitation Center
70 $ 2,266,077 $
544,443
Alto Rehabilitation Center
10 $
307,117 $
76,161
Rehabilitation Center for the Deaf - Cave Spring
16 $
461,272 $
110,294
Central Rehabilitation Center
19 $
580,387 $
144,234
Georgia Vocational Adjustment Center Gracewood
17 $
416,752 $
102,859
Ireland Rehabilitation Center
13 $
379,422 $
94,304
1556
GENERAL ACTS AND RESOLUTIONS, VOL. I
M. S. McDonald Evaluation Center
6 $
191,186 $
46,750
J. F. Kennedy Center
17 $
470,912 $
117,588
Production Workshop
0 $ 1,055,031 $
-0-
District Field Services
564 $ 28,748,207 $ 5,583,534
Independent Living
7 $
263,619 $
263,619
Sheltered Employment
15 $ 1,043,955 $
534,735
Community Facilities
0 $ 3,882,000 $ 3,882,000
Bobby Dodd Workshop
0 $
337,500 $
337,500
Undistributed
0 $
-0- $
-0-
Total
806 $ 43,726,043 $ 13,463,623
7. Roosevelt Warm Springs
Rehabilitation Institute:
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
Case Services
Capital Outlay
Operations
Total Funds Budgeted
Indirect DOAS Services Funding
Agency Funds
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
.$ 10,122,076
.$
1,713,090
47.000
.$
13,500
.$
15.000
.$
35,480
61.000
.$
-0-
.$
163,885
.$
1,263,000
.$
550,000
$
14,300
$
25.000
.$
-0-
.$
-0-
$ 14,023,331 50.000
.$ 10,012,902
$ 3,960,429
434
24
GEORGIA LAWS 1985 SESSION
1557
Roosevelt Warm Springs Rehabilitation Institute Functional Budgets
Pos. Total Funds State Funds
Administration
145 $ 5,444,200 $ 2,532,366
Rehabilitation Services
289 $ 8,579,131 $ 1,428,063
Undistributed
_0 $
-fr $
St
Total
434 $ 14,023,331 $
8. Georgia Factory for the
Blind 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
$
Capital Outlay
$
Total Funds Budgeted.^:.....'.
$
Agency Funds
$
State Funds Budgeted
.......$
Total Positions Budgeted
Authorized Motor Vehicles
3,960,429
4,104,259 8,090,870
16,500 82,000
8,500 -0-
66,900 -0-
28,000 44,200 125,000
6,000 -0-
12,572,229 12,072,269
499,960 29 14
Georgia Factory for the Blind Functional Budgets
Pos. Total Funds State Funds
Operations
11 $ 12,071,540 $
-0-
Supervision
18 $
500,689 $
499,960
Undistributed
0 $
St $
St
Total
29 $ 12,572,229 $
499,960
1558
GENERAL ACTS AND RESOLUTIONS, VOL. I
9. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services
$ 11,176,484
Regular Operating Expenses
.....$
362,878
Travel
$
78,098
Motor Vehicle Equipment
Purchases
$
-0-
Publications and Printing..
$
43,991
Equipment Purchases....:.
$
21,810
Computer Charges
$
419,605
Real Estate Rentals
$
660,927
Telecommunications
$
470,559
Per Diem, Fees and Contracts
$ 1,035,076
Utilities
-0-
Postage
.. $
325,000
Case Services
10,998,200
Total Funds Budgeted............
$ 25,592,628
Agency Funds
.. 25,592,628
State Funds Budgeted.,,
-0-
Total Positions Budgeted
420
10. Family and Children Services 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 Telecommunications... Utilities Postage I AFDC Benefits..,,....,.. Grants to County DFACS -
Operations WIN Benefits..,, Benefits for Child Care..... SSI - Supplement Benefits Total Funds Budgeted...:...
$ 11,163,164
15,926,964
$
462,000
-0-
,.......$
786,130
$
12,160
$ 10,694,605
,......$
198,350
$ 31,325,663
$
874,200
.,..$
12,200
$
942,385
$ 218,996,525
$ 133,940,645
$
479,964
$ 17,300,108
$
1>500
$ 443,116,563
GEORGIA LAWS 1985 SESSION
1559
Agency Funds
i
Indirect DOAS Services Funding
Social Services Block Grant Funds
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$ 241,701,516 $ 2,339,882 $ 33,854,887 $ 165,220,278
360 112
Family and Children Services Functional Budgets
Pos. Total Funds State Funds
Refugee Benefits
0 $
979,000 $
-0-
AFDC Payments
0 $ 218,996,525 $ 73,604,732
SSI - Supplement Benefits
0 $
1,500 $
1,500
Energy Benefits
0 $ 15,201,469 $
-0-
County DFACS Operations Social Services
0 $ 42,454,689 $ 20,567,268
County DFACS Operations Eligibility
0 $ 56,092,622 $ 27,910,825
County DFACS Operations Joint and Administration
0 $ 35,168,293 $ 16,949,674
Food Stamp Issuance
0 $ 2,312,000 $
-0-
Grants to Fulton County for 24-hour Emergency Services
0 $.
225,041 $
225,041
Director's Office
7 $
536,994 $
536,994
Administration and Management
113 $ 4,612,381 $ 3,283,504
1560
GENERAL ACTS AND RESOLUTIONS, VOL. I
District Administration
Program Planning, Development, and Training
Management Information Systems
Child Development Administration
Indirect Cost
Work Incentive Benefits
Legal Services
Family Foster Care
Institutional Foster Care
Specialized Foster Care
Adoption Supplement
Liability Insurance
Emergency Shelter Care
Day Care
Psychiatric, Psychological and Speech Therapy
Maternity Care
Return of Runaways County
Home Management Contracts
88 $ 3,354,311 $ 3,354,311
73 $ 7,025,986 $ 3,610,826
52 $ 12,893,972 $ 5,252,451
27 $ 1,019,305 $ 1,019,305
0 $
-0- $ (7,170,000)
0 $ 4,399,242 $
439,924
0 $
574,000 $
349.000
0 $ 13,546,920 $ 8,737,193
0 $ 2,079,972 $ 1,353,507
0 $
324,725 $
95,432
0 $
899,030 $
866,705
0 $
28,600 $
28,600
0 $
108,586 $
108,586
0 $ 19,205,600 $ 3,650,448
0 $ 0 $ 0 $ 0 $
130,000 $ 50,000 $ 7,000 $
166,000 $
130.000 50,000 7,000 37,816
Special Projects
0 $
38,500 $
38,500
Undistributed
0 $
-0- $
-0-
Total
360 $ 443,116,563 $ 165,220,278
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 Utilities Postage Capital Outlay Grants for Regional Intensive Infant Care Grants for Regional Maternal and Infant Care Crippled Children Benefits Crippled Children Clinics. Kidney Disease Benefits Cancer Control Benefits Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants Family Planning Benefits Benefits for Midwifery Program Grant-In-Aid to Counties Work Incentive Benefits
Benefits for Child Care
Grants for Nephrology Centers
Case Services
E.S.R.P. Case Services
SSI-Supplement Benefits
$ 129,774,029
$ 73,418,233
$
3,107,993
$
105,500
$
1,489,256
$
456,283
$ 15,239,396
$
5,969,455
.$
3,500,642
$ 81,030,922
$
1,168,550
$
2,126,160
$
-0-
$
3,202,400
$ $ ....$ $ $
1.687.000 3.767.000
517,572 605,000 2.253.000
$ $ $ $ $
$ $ $ $ $
4,193,000 301,530 800,000
42,447,282 479,964
18,490,830 245,000
20,510,700 50,000 1,500
1562
GENERAL ACTS AND RESOLUTIONS, VOL. I
AFDC Benefits
.......$ 218,996,525
Grants to County DFACS -
Operations
..$ 133,940,645
Contract with Vocational
Rehabilitation Community
Facilities
$ 4,219,500
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program
$
i00,000
Contract with the Affirmative
Industries
$
110,000
Institutional Repairs
and Maintenance
$
-0-
Contract with Emory University
for Arthritis Research
......$
215,000
Grant for Epilepsy Program
......$
67,000
Grant to Grady Hospital for
Cystic Fibrosis Program
.....$
42,000
Contract for Scoliosis
Screening
^ $
115,000
Menninger Group Homes
$
387,000
Contract - Georgia
Advocacy Office, Inc
$
215,000
Grant for Teenage Pregnancy
Prevention Program
....$
257,500
Contract - Cancer Research
at Emory
J
;...$
117,000
Contract - Macon-Bibb County
Hospital Authority
.$ 4,000,000
Contract with
RCW Industries, Inc.......................
$
146,000
Grants to Counties for
Metabolic Disorders
Screening and Testing
$
45,000
Payments to DMA
..$ 4,782,801
Contract with Housing
Alternatives
70,000
Contract with Auditory Educational Clinic
..........;a1...$
78,000
Total Positions Budgeted
4,349
B. Budget Unit: State Health Planning
and Development
.$
667,606
GEORGIA LAWS 1985 SESSION
1563
State Health Planning
and Development Budget:
Personal Services
Regular Operating Expenses
Travel
I
Publications and Printing
Equipment Purchases
Computer Charges
Real Estate Rentals
Telecommunications
i
Per Diem, Fees and Contracts
Postage
Total Funds Budgeted
Indirect DOAS Services Funding
Agency Funds
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$ $ .....$ ........$ .......$ $ $ .......$ $ $ $ $ ..$ .....$
761,356 46,200 5,500 2,500 3,406 44,000 86,851 26,500
102,764 7,600
1,086,677 -0-
419,071 667,606
21 0
C. Budget Unit: Community Mental
Health/
Mental Retardation Youth
Services and Institutions...........
J$ 337,591,794
Departmental Operations:
Personal Services..........
$ 279,420,712
Regular Operating Expenses
$ 28,663,268
Travel
B
$
582,420
Motor Vehicle Equipment
Purchases
600,255
Publications and Printing
$
69,407
Equipment Purchases
$ 2,616,281
Computer Charges
$ 2,696,052
Real Estate Rentals
I
$
491,060
Telecommunications
$ 2,372,166
Per Diem, Fees and Contracts .
$ 5,643,092
Utilities
l
$ 15,740,000
Postage
.
$
227,856
Capital Outlay...... i&t
$
386,000
Authority Lease Rentals
$ 2,679,000
Institutional Repairs
and Maintenance
$
651,000
Grants to County-Owned
Detention Centers
;
$ 2,222,850
1564
GENERAL ACTS AND RESOLUTIONS, VOL. I
Reserve for Thomasville RYDC
..$
366,500
Reserve for Claxton RYDC .
.....$
366,500
Drug Abuse Contracts
$ 1,015,960
Day Care Centers for the
Mentally Retarded
$ 55,029,399
MR Day Care Center Motor
Vehicle Purchases
$
662,376
Supportive Living Staff
$ 1,504,826
Supportive Living Benefits
$ 7,264,540
Georgia State Foster
Grandparent/Senior
Companion Program
.
$
562,960
Community Mental Health
Center Services
$ 67,545,807
Project Rescue
$
312,890
Project ARC
|
$
203,600
Project Friendship
i..' $
266,700
Group Homes for Autistic Children
$
224,428
Contract with Clayton County
Board of Education for
Autistic Children
$
68,000
Uniform Alcoholism Projects
$ 2,826,455
Child Care Benefits
$
16,000
Community Mental
Retardation Staff
.....$ 3,461,744
Community Mental Retardation
Residential Services
$ 13,385,919
Lumpkin Area Individual
Living, Inc
$
27,765
Total Funds Budgeted
$ 500,173,788
Agency Funds
$ 133,235,065
Indirect DOAS Services Funding
$ 1,625,000
Social Services Block Grant Funds
$ 27,721,929
State Funds Budgeted
$ 337,591,794
Total Positions Budgeted
12,651/12,557
Authorized Motor Vehicles
746
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Pos. Total Funds State Funds
Georgia Regional Hospital at Augusta
504 $ 13,284,866 $ 11,359,666
GEORGIA LAWS 1985 SESSION
1565
Georgia Regional Hospital at Atlanta
659 $ 17,506,299 $ 14,281,299
Georgia Regional Hospital at Savannah
510 $ 13,733,889 $ 12,233,889
West Central Georgia Regional Hospital
430 $ 11,996,355 $ 10,216,546
Northwest Regional Hospital at Rome
690 $ 19,728,274 $ 14,217,228
Gracewood State School 1,532/
and Hospital
1,516 $
37,852,040 $
22,752,040
Southwestern State Hospital
1,099 $ 27,140,454 $ 17,291,874
Georgia Retardation Center
889 $ 24,847,158 $ 13,844,896
Georgia Mental Health Institute
553 $ 17,927,413 $ 15,527,413
Central State Hospital 3,830/ $ 98,372,729 $ 69,627,647 3,752
3,752 Mental Health
Community Assistance
221 $
6,840,412 $
6,783,512
Outdoor Therapeutic Program
40 $
1,261,190 $
1,261,190
Mental Retardation Community Assistance
62 $
1,993,382 $
1,993,382
Central Pharmacy
3 $
133,072 $
133,072
Metro Drug Abuse Centers
44 $
1,462,260 $
764,170
Day Care Centers for the Mentally Retarded
0 $ 57,507,363 $ 24,740,812
1566
GENERAL ACTS AND RESOLUTIONS, VOL. I
Supportive Living
0 $ 8,868,688 $ 4,746,989
Georgia State Foster Grandparent/ Senior Companion Program
0 $
562,960 $
562,960
Community Mental Retardation Staff
0 $ 3,606,310 $ 2,627,458
Community Mental Retardation Residential Services
0 $ 13,732,943 $ 9,064,976
Group Homes for Autistic
Children
0 $
232,123 $
232,123
Contract with Clayton County Board of Education for Autistic Children
0 $
68,000 $
68,000
Project Rescue
0 $
312,890 $
149,890
Drug Abuse Contracts
0 $ 1,015,960 $ 1,015,960
Project ARC
0 $
203,600 $
203,600
Project Friendship
0 $
266,700 $
266,700
Community Mental Health Center Services
0 $ 70,041,744 $ 33,813,433
Uniform Alcoholism Projects
0 $ 2,926,058 $ 2,114,632
Central Laboratory
6 $
280,279 $
-0-
Lumpkin Area Individual
Living, Inc.
0 $
27,765 $
27,765
State Youth Development Centers
742 $ 18,765,584 $ 18,280,929
GEORGIA LAWS 1985 SESSION
1567
Regional Youth Development Centers
417 $ 13,687,535
Group Homes
19 $
550,616
Day Centers
24 $
729,283
Community Treatment Centers
73 $ 2,035,628
Court Services
260 $ 7,330,577
Runaway Investigations
15 $
463,456
Interstate Compact
3 $
89,437
Purchased Services
16 $ 2,480,324
Assessment and Classification
10 $
308,172
Undistributed
0 $
Total
12,651/ $ 500,173,788 12,557
13,400,250 550,616 729,283
2,035,628 7,330,577
463,456 89,437
2,480,324
308,172 -0-
337,591,794
Section 24. Department of Industry and Trade.
A. Budget Unit: Department of Industry
and Trade
State Operations Budget:
Personal Services
$
Regular Operating Expenses
$
Travel
$
Motor Vehicle Equipment
Purchases
$
Publications and Printing
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications.
$
12,754,496
5,144,474 718,786 304,100
12,720 294,650
27,100 136,260 446,415 161,041
1568
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts
$
194,150
Postage............
$
150,800
Local Welcome Center Contracts
$
140,000
Advertising
$ 3,000,000
Georgia Ports Authority -
Authority Lease Rentals
$ 2,735,000
Georgia Ports Authority -
General Obligation Bond
Payments
$ 5,413,213
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
......$
-0-
Contract - Georgia Association
of Broadcasters
$
51,500
Southern Center for
International Studies
$
25,000
Contract - Lanier Regional
Committee
$
12,500
Total Funds Budgeted
$ 19,112,709
State Funds Budgeted
$ 12,754,496
Total Positions Budgeted
195
Authorized Motor Vehicles
21
Department of Industry and Trade Functional Budgets
Pos. Total Funds State Funds
Industry
18 $
812,088 $
812,088
Research
14 $
524,079 $
524,079
Tourism Promotional
27 $ 1,294,020 $ 1,294,020
Tourist Welcome Centers
94 $ 2,387,934 $ 2,242,934
Internal Administration
25 $ 9,883,404 $ 3,670,191
International
17 $ 1,211,184 $ 1,211,184
GEORGIA LAWS 1985 SESSION
1569
Advertising Undistributed Total
0 $ 3,000,000 $ 3,000,000
0 $
-0: $
195 $ 19,112,709 $ 12,754,496
B. Budget Unit: Authorities...... 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 G.O. Bonds and Lease
Rentals - G.P.A Other Debt Service
Payments - G.P.A Capital Outlay - Internal
Operations > G.P.A Atlanta Convention and
Visitors Bureau - G.W.C.C.. Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
-0-
.$ 30,537,506 .$ 12,869,089
524,088
..$
-0-
..$
154,919
50,000
..$
532,856
..$
109,343
..$
414,856
..$
1,667,740
..$ 7,233,576
..$
820,000
..$ 4,373,713
..$
-0-
..$ 59,287,686
..$
-0-
995
37
Authorities Functional Budgets
Pos. Total Funds State Funds
Georgia World Congress
Center
215 $ 10,416,126 $
-0-
Georgia Ports Authority 780 $ 48,871,560 $
-0-
Undistributed
0 $
-0- $
Total
995 $ 59,287,686 $
-0-
1570
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 25. Department of Labor. Budget Unit: Department of Labor.. State Operations:
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 (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to Georgia General
Obligation Debt Sinking FundTotal Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
4 4,927,676
.$ 59,499,753 .$ 4,586,528 .$ 1,186,803
,.$
-0-
..$
44,130
..$
692,185
,.$ 1,872,300
..$ 2,120,474
1,314,855
56,387,955 1,721,660 260,000
..$
400,000
130,086,643
..$ 4,927,676
1,979
9
Department of Labor Functional Budgets
Pos. Total Funds State Funds
Inspection
47 $
1,652,103 |
1,652,103
Basic Employment
1,495 $ 53,843,190 $
861,851
Work Incentive
82 $ 4,038,654 $
-0-
Food Stamps
47 $ 1,326,717 $
-0-
Job Training Partnership 230 $ 66,812,257 5
-0-
Correctional Services
78 $ 2,413,722 5 2,413,722
Undistributed
0 $
-0- |
-0-
Total
1,979 $ 130,086,643 $ 4,927,676
GEORGIA LAWS 1985 SESSION
1571
Section 26. Department of Law.
Budget Unit: Department of Law
Attorney General's Office 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
Books for State Library
Capital Outlay
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
4
$ $ $
$ $ $ $ .....$ $ .....$ $ $ ,.....$ $
5,992,548
5,311,702 317,912 120,950
-044,491 12,191 60,000 314,607 91,982 45,000 96,000
-06,414,835 5,992,548
122 1
Section 27. Department of
Medical Assistance.
Budget Unit: Medicaid Services
.........4 278,386,584
Departmental Operations Budget:
Personal Services
$ 6,610,660
Regular Operating Expenses
...$
163,850
Travel
>...$
131,150
Motor Vehicle
Equipment Purchases....:.........:.....,
$
-0-
Publications and Printing... ..:.
$
97,400
Equipment Purchases
22,380
Computer Charges
.$ 4,483,300
Real Estate Rentals
771,620
Telecommunications
$
180,025
Per Diem, Fees and Contracts......
$ 10,186,000
Postage
..;.$
150,000
Medicaid Benefits
......$ 865,519,418
Payments to Counties for
Mental Health
$ 10,619,200
Audits Contracts
...$ 1,456,070
1572
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
I $ 900,391,073 $ 278,386,584 230 3
Medical Assistance Functional Budgets
Pos. Total Funds State Funds
Commissioner's Office
14 $
686,641 $
343,321
Program Management
46 $ 11,869,862 $ 1,589,414
Administration
35 $ 2,845,349 $
869,957
Operations
49 $ 6,014,764 $ 1,559,917
Program Integrity
86 $ 2,835,839 $ 1,228,320
Benefits
0 $ 876,138,618 $ 272,795,655
Undistributed
0 $
-0- $
-0-
Total
230 $ 900,391,073 $ 278,386,584
Section 28. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration Agency
Assessments
J$ 6,067,111
Departmental Operations Budget:
Personal Services..,,
4,874,511
Regular Operating Expenses
$
103,327
Travel
$
48,545
Motor Vehicle Equipment
Purchases..'
si
$
-0-
Publications and Printing..
,....$
153,583
Equipment Purchases
$
23,810
Computer Charges
$ 1,453,842
Real Estate Rentals
$
685,737
Telecommunications
:
$
101,565
Per Diem, Fees and Contracts
$ 25,145,374
Postage
$
143,360
GEORGIA LAWS 1985 SESSION
1573
Health Insurance Payments Total Funds Budgeted Agency Assessments Employee and Employer
Contributions Deferred Compensation Total Positions Budgeted Authorized Motor Vehicles
$ 230,002,649 $ 262,736,303 $ 6,067,111
.$ 256,637,408
...$
31,784
174
0
Merit System Functional Budgets
Applicant Services
Pos. Total Funds State Funds
39 $ 1,793,595 $
-0-
Classification and Compensation
19 $
811,413 $
-0-
Program Evaluation
and Audit
13 $
631,785 $
-0-
Employee Training
and Development
23 $
952,253 $
-0-
Health Insurance Administration
36 $ 6,991,705 $
-0-
Health Insurance Claims
0 $ 249,412,619 $
-0-
Internal Administration
36 $ 1,059,472 $
-0-
Commissioner's Office
8 $ 1,083,461 $
-0-
Undistributed
0 $
-0- $
-0-
Total
174 $ 262,736,303 $
-0-
Section 29. Department of Natural Resources.
A. Budget Unit: Department of Natural
Resources
$
Operations Budget:
Personal Services
$
Regular Operating Expenses
$
56,546,902
40,741,871 8,006,870
1574
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel
i
453,490
Motor Vehicle Equipment
Purchases
.
1,108,243
Publications and Printing
........$
489,743
Equipment Purchases
:.:v. ;..$ 1,006,745
Computer Charges..........
. ...$
404,301
Real Estate Rentals...................
..$ 1,216,992
Telecommunications....:
...$
790,615
Per Diem, Fees and Contracts
$
935,645
Postage.....
345,085
Land and Water Conservation
Grants
....!A................ $ 2,500,000
Recreation Grants
,,.....$
640,000
Contract with U. S. Geological
Survey for Ground Water
Resources Survey
..$
275,000
Contract with U.S. Geological
Survey for Topographic Maps
125,000
Capital Outlay - Repairs
and Maintenance
....$ 1,006,993
Capital Outlay -
Shop Stock - Parks
.........$
300,000
Capital Outlay - Heritage Trust
$
75,000
Authority Lease Rentals ..,
.....$ 1,250,000
Cost of Material for Resale
:....$ 1,025,000
Payments to Lake Lanier Islands
Development Authority
$
603,821
Contract - Special Olympics,
Inc........'.
$
206,000
Georgia Sports Hall of Fame
$
50,000
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition....
$
400,000
Capital Outlay - User Fee
Enhancements - Parks
$
863,000
Capital Outlay - Buoy
Maintenance
20,000
Capital Outlay - Consolidated
Maintenance - Game and Fish........ $
337,220
Technical Assistance Contract... ........$
125,000
Capital Outlay
...$
495,000
Contract - Georgia Rural
Water Association
........$
10,000
GEORGIA LAWS 1985 SESSION
1575
Grant - The Hay House
. /...$
50,000
Contract - Corps of Engineers
(Cold Water Creek St. Park).....
$
130,000
Grant - Tybee Island...:..............
........$
-0-
Advertising and Promotion
$
100,000
Payment to Georgia
Agricultural Exposition
Authority...
$
500,000
Historic Preservation
Grant
....$
40,000
Payment to Jekyll
Island State Park -
Capital Outlay
$
100,000
Environmental Facilities Grants
......$ 8,000,000
Total Funds Budgeted
--
74,726,634
Receipts from Jekyll Island
State Park Authority...........
....$
53,750
Receipts from Stone Mountain
Memorial Association
....$
315,000
Indirect DOAS Funding
200,000
State Funds Budgeted
$ 56,546,902
Total Positions Budgeted
1,279
Authorized Motor Vehicles
1,029
Department of Natural Resources Functional Budgets
Pos. Total Funds State Funds
Internal Administration
81 $ 5,273,560 $ 4,904,810
Game and Fish
479 $ 21,628,110 $ 18,351,830
Parks, Recreation and Historic Sites
377 $ 24,112,329 $ 13,091,627
Environmental Protection
316 $ 22,479,743 $ 19,030,743
Coastal Resources
26 $ 1,232,892 $ 1,167,892
Undistributed
0 $
-0- $
-0-
Total
1,279 $ 74,726,634 $ 56,546,902
1576
GENERAL ACTS AND RESOLUTIONS, VOL. I
B. Budget Unit: Authorities.....
4
Operations Budget:
Personal Services
,.$
Regular Operating Expenses..
4
Travel
,.$
Motor Vehicle Equipment
Purchases
Publications and Printing
Equipment...,
Computer Charges
Real Estate Rentals
..$
Telecommunications
..$
Per Diem, Fees and
Contracts I
Capital Outlay
..$
Promotion Expense
..$
Campground Sinking Fund....
..$
Payments to the Department
of Natural Resources
..$
Mortgage Payments
..$
Total Funds Budgeted--
State Funds Budgeted .....
..$
Total Positions Budgeted
Authorized Motor Vehicles
Authorities Functional Budgets
-0-
5,450,821 3,096,500
60,300
51.000 109.000 115.000
18.000 8,000
107,200
455.000 100.000
-0-0-
53,750 -0-
9,624,571 -0-
223 100
Pos. Total Funds State Funds
Lake Lanier Islands
Development
Authority
64 $ 3,255,821
-0-
Jekyll Island State
Park Authority
157 $ 5,868,750
-0-
Georgia Agricultural
Exposition Authority
2 $
500,000
-0-
Total
223 $ 9,624,571
-0-
GEORGIA LAWS 1985 SESSION
1577
Section 30. Department of Offender Rehabilitation.
A. Budget Unit: Departmental
Operations...............................................^ 25,421,957
Departmental Operations Budget:
Personal Services....
$ 10,242,874
Regular Operating Expenses
;.. $
715,069
Travel
fiJHHI
......$
341,454
Motor Vehicle Equipment
Purchases
$
263,300
Publications and Printing
62,400
Equipment Purchases
$
236,767
Computer Charges
......$
1,236,392
Real Estate Rentals
$
1,071,202
Telecommunications
$
312,878
Per Diem, Fees and Contracts
$
981,529
Utilities....
$
50,000
County Subsidy
$ 7,592,000
County Subsidy for Jails
....$
493,092
Court Costs
...
--$
418,000
Central Repair Fund
$
550,000
Grants for County
Workcamp Construction
$
1,000,000
Local Jail Equipment Grants...
-0-
Grants for Local Jails
$
500,000
Total Funds Budgeted
$ 26,066,957
State Funds Budgeted
.....$ 25,421,957
Total Positions Budgeted
337
Authorized Motor Vehicles
92
Departmental Operations Functional Budgets
Pos. Total Funds State Funds
General Administration and Support
170 $
9,110,130 $
8,660,130
Adult Facilities and Programs
138 $ 15,473,750 $ 15,278,750
1578
GENERAL ACTS AND RESOLUTIONS, VOL. I
Training and Staff Development
Undistributed
Total
29 $ 1,483,077 $ 1,483,077
0 $
-0- $
-0-
337 $ 25,066,957 $ 25,421,957
B. Budget Unit: Correctional Institutions,
Transitional Centers and
Support
.$
Institutional Operations Budget:
Personal Services...
Regular Operating Expenses
i......... .$
Travel
|
..$
Motor Vehicle Equipment
Purchases ...
I.
.$
Publications and Printing
.....$
Equipment Purchases
$
Computer Charges
............1
$
Real Estate Rentals
....$
Telecommunications.
.....$
Per Diem, Fees and Contracts
Utilities
Payments to Central State
Hospital for Meals
$
Payments to Central State
Hospital for Utilities
...$
Payments to Public Safety
for Meals
Inmate Release Funds
$
Health Service Purchases
.......$
Payments to the Medical
Association of Georgia for
Jail and Prison Health
Care Certification
University of Georgia -
Cooperative Extension
Service Contracts
$
Minor Construction Fund
..$
Authority Lease Rentals
$
Capital Outlay
$
Total Funds Budgeted
$
152,533,089
104,333,416 19,627,515 92,817
1,508,800 88,000
3,148,735 -0-
294,430 961,823 209,079 7,397,100
2,430,900
1,224,000
70,434 980,000 10,946,930
42,909
200,000 140,201 440,000
-0154,137,089
GEORGIA LAWS 1985 SESSION
1579
State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 152,533,089 4,857 389
Correctional Institutions, Transitional Centers, and Support Functional Budgets
Pos.
Total Funds State Funds
Georgia Training and Development Center
68 $ 1,950,190 $ 1,950,190
Georgia Industrial Institute
296 $ 7,810,435 $ 7,810,435
Alto Education and Evaluation Center
40 $ 1,459,145 $ 1,459,145
Georgia Diagnostic and Classification Center
370 $ 8,861,186 $ 8,861,186
Georgia State Prison
717 $ 17,671,431 $ 17,671,431
Consolidated Branches
523 $ 13,777,223 $ 13,687,183
Middle Georgia Correctional Institution
Jack T. Rutledge Correctional Institution
828 $ 19,868,415 $ 19,868,415 151 $ 3,969,926 $ 3,969,926
Central Correctional Institution
Metro Correctional Institution
Coastal Correctional Institution
Central Funds
D.O.T. Work Details
135 $ 3,395,152 $ 3,395,152
174 $ 4,279,426 $ 4,279,426
179 $ 3 $
32 $
4,411,400 $ 9,606,533 $
678,428 $
4,352,900 9,502,533
-0-
1580
GENERAL ACTS AND RESOLUTIONS, VOL. I
Food Processing and Distribution
206 $ 12,362,562 $ 11,714,530
Farm Operations
39 $ 5,473,471 $ 5,448,471
Dodge Correctional Institution
143 $ 3,366,555
3,366,555
Transitional Centers
117 $ 3,510,458
3,510,458
Augusta Correctional and
Medical Institution
251 $
5,742,876
5,742,876
Health Care
290 $ 19,844,886
19,844,886
Richard H. Rogers Correctional Institution
142 $ 3,597,391
3,597,391
Forsyth Correctional Institution
153 $ 2,500,000
2,500,000
Undistributed Total
0 $
:0-
4,857 $ 154,137,089
-0152,533,089
C. Budget Unit: Board of Pardons and
Paroles ....^..............................................4
Board of Pardons and Paroles Budget:
Personal Services.....
...4
Regular Operating Expenses
4
Travel... ...:...i.J........
4
Motor Vehicle Equipment
Purchases
4
Publications and Printing
4
Equipment Purchases
4
Computer Charges
4
Real Estate Rentals
4
Telecommunications
4
Per Diem, Fees and Contracts
4
County Jail Subsidy
4
Total Funds Budgeted
4
State Funds Budgeted
4
Total Positions Budgeted
Authorized Motor Vehicles
13,391,072
10,864,895 374,665 436,500
50,000 38,394 104,550 159,214 770,219 335,510 40,700 216,425 13,391,072 13,391,072
468 31
GEORGIA LAWS 1985 SESSION
1581
D. Budget Unit: Georgia Correctional
Industries
Georgia Correctional Industries
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
Cost of Sales
Repayment of Prior Year's
Appropriations
Capital Outlay
Total Funds Budgeted
State Funds Budgeted
....
.
Total Positions Budgeted
Authorized Motor Vehicles
-0-
$
2,272,330
$
894,000
$
61,000
$
187,000
$
9,500
$
396,000
$
1,900
$
95,000
$
68,500
$
344,300
$
6,245,000
$
84,000
$
-0-
$ 10,658,530
$
-0-
83
19
E. Budget Unit: Division of Probations $ 30,790,926
Operations Budget:
Personal Services
.
$ 29,993,653
Regular Operating Expenses
$
804,988
Travel
$
668,204
Motor Vehicle Equipment
Purchases
....$
19,000
Publications and Printing
$
84,150
Equipment Purchases
$
351,570
Computer Charges
...$
-0-
Real Estate Rentals
1
$
812,861
Telecommunications
.$
432,850
Utilities
$
321,650
Per Diem, Fees and Contracts
$
12,000
Capital Outlay
$_
-0-
Total Funds Budgeted
*...$ 33,500,926
State Funds Budgeted
30,790,926
Total Positions Budgeted
1,286
Authorized Motor Vehicles
98
1582
GENERAL ACTS AND RESOLUTIONS, VOL. I
Division of Probations Functional Budgets
Pos. Total Funds State Funds
Probation Administration
21 $
688,823 $
558,823
Probation Field Operations
1,055 $ 26,837,627 $ 24,967,627
Diversion Centers
210 $ 5,974,476 $ 5,264,476
Undistributed
0 $
^ $
&
Total
1,286 $ 33,500,926 $ 30,790,926
Section 31. Department of Public Safety.
A. Budget Unit: Department of Public
Safety
.......
J$ 56,980,709
Operations Budget:
Personal Services....
.
$ 42,714,304
Regular Operating Expenses
$ 5,970,433
Travel
$
120,356
Motor Vehicle Equipment
Purchases
$ 3,712,900
Publications and Printing
..$
471,422
Equipment Purchases
{
$
339,912
Computer Charges
$ 2,615,529
Real Estate Rentals
......$
7,608
Telecommunications
I $
633,355
Per Diem, Fees and Contracts
.....$
163,125
Postage
616,039
Conviction Reports
:.. $
205,000
State Patrol Posts
Repairs and Maintenance
$
150,000
Driver License Processing
$
943,893
Total Funds Budgeted
$ 58,663,876
Indirect DOAS Service Funding
$ 1,650,000
State Funds Budgeted I
$ 56,980,709
Total Positions Budgeted
1,472
Authorized Motor Vehicles
1,109
GEORGIA LAWS 1985 SESSION
1583
Public Safety Functional Budgets
Pos. Total Funds State Funds
Administration
170 $ 6,822,071 $ 6,822,071
Driver Services
310 $ 11,656,776 $ 10,123,609
Field Operations
992 $ 40,185,029 $ 40,035,029
Undistributed
0 $
-0- $
0-
Total
1,472 $ 58,663,876 $ 56,980,709
B. Budget Unit: Units Attached
for Administrative
Purposes
Attached Units 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
Highway Safety Grants
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$ $ $ $ $ $ $ $ $ $ $ ....$ $ $ $
6,186,471
2,887,679 417,105 101,700 110,300 42,350 125,152 186,820 124,764 78,404 428,669 23,950
1,963,680 3,500,000 9,990,573 6,186,471
86 49
Attached Units Functional Budgets
Pos. Total Funds State Funds
Office of Highway Safety
8 $ 3,872,937 $
188,835
Georgia Peace Officers Standards and Training
25 $ 3,119,511 $ 3,119,511
1584
GENERAL ACTS AND RESOLUTIONS, VOL. I
Police Academy
18 $ 1,165,193 $ 1,120,193
Fire Academy
14 $
798,798 $
723,798
Georgia Firefighters Standards and Training Council
5 $
297,202 $
297,202
Organized Crime Prevention Council
3 $
288,739 $
288,739
Georgia Public Safety Training Facility
13 $
448,193 $
448,193
Undistributed
0 $
-0- $
-0-
Total
86 $ 9,990,573 $ 6,186,471
Section 32. Public School Employees'
Retirement System.
Budget Unit: Public School Employees'
Retirement System
J$
Departmental Operations Budget:
Payments to Employees'
Retirement System
$
Employer Contributions
$
Total Funds Budgeted
$
State Funds Budgeted.....
.....$
13,310,975
185,975 13,125,000 13,310,975 13,310,975
Section 33. Public Service Commission.
Budget Unit: Public Service
Commission Departmental Operations Budget:
Personal Services
7,028,218 $ 4,113,430
Regular Operating Expenses
$
225,616
Travel tf.Y..........
133,400
Motor Vehicle Equipment Purchases $
72,560
Publications and Printing
15,875
Equipment Purchases.....
$
31,973
Computer Charges Real Estate Rentals Telecommunications
...$
148,649
$
218,907
$
106,850
Per Diem, Fees and Contracts
$ 2,142,500
GEORGIA LAWS 1985 SESSION
1585
Total Funds Budgeted.....* State Funds Budgeted.. Total Positions Budgeted Authorized Motor Vehicles
...$ I $
7,209,760 7,028,218
133 29
Public Service Commission Functional Budgets Pos. Total Funds State Funds
Administration Transportation
19 $ 55 $
1,033,420 $ 2,027,120 $
1,033,420 1,927,120
Utilities Undistributed Total
59 $ 0 $
133 $
4,149,220 $ -0- $
7,209,760 $
4,067,678 -0-
7,028,218
Section 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction
$
Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
$
Sponsored Operations
..$
Operating Expenses:
Educ., Gen., and Dept. Svcs
$
Sponsored Operations
.$
Office of Minority
Business Enterprise
....$
Special Desegregation Programs
$
Authority Lease Rentals
R ....$
Research Consortium
$
Eminent Scholars Program
$
Total Funds Budgeted
$
Departmental Income
$
Sponsored Income
$
Other Funds
;. $
Indirect DOAS Services Funding
$
State Funds Budgeted
$
Total Positions Budgeted
549,744,221
570,538,024 65.000.
149,164,590 72.000.
338,902 322,487 15,582,666 3,500,000 2,000,000 878,446,669 23.000. 137,000,000 165,675,148 3,027,300 549,744,221
17,020
1586
GENERAL ACTS AND RESOLUTIONS, VOL. I
B. Budget Unit: Regents Central Office
and Other Organized
'Activities..................................................^
Regents Central Office and Other
Organized Activities Budget:
Personal Services:
Educ., Gen., and Dept. Svcs
$
Sponsored Operations .:
$
Operating Expenses:
Educ., Gen., and Dept. Svcs
$
Sponsored Operations
$
Fire Ant and Environmental
Toxicology Research
$
Agricultural Research
$
Advanced Technology
Development Center .^....
$
Capitation Contracts for
Family Practice Residency
$
Residency Capitation Grants
$
Student Preceptorships
$
Capital Outlay - ETMH
Renovations
$
SREB Payments....
...:
....$
Medical Scholarships
$
Regents Opportunity Grants
$
Regents Scholarships
$
Grants to Junior Colleges
...$
Rental Payments to Georgia
Military College
$
Total Funds Budgeted
$
Departmental Income
$
Sponsored Income
$
Other Funds
..;
$
Indirect DOAS Services Funding
$
State Funds Budgeted
$
Total Positions Budgeted
127,317,500
147,790,564 46,208,132
58,582,929 19,520,077
249,308 1,311,743
874,054
2,240,000 2,137,500
185,000
2,200,000 6,284,950
587,000 600,000 200,000 6,520,444
225,000 295,716,701
1,810,817 65,728,209 100,304,475
555,700 127,317,500
5,908
Regents Central Office and Other Organized Activities Functional Budgets
Pos. Total Funds State Funds
Marine Resources Extension Center
27 $ 1,116,646 $
965,175
GEORGIA LAWS 1985 SESSION
1587
Skidaway Institute of Oceanography
Marine Institute
Georgia Tech Research Institute
Engineering Extension Division
Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Family Practice Residency Program
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Undistributed
Total
35 $ 20 $
3,416,321 $ 1,058,560 $
1,254,017 718,560
476 $ 75,632,819 $ 8,289,760
52 $ 3,349,708 $ 1,792,114
869 $ 42,551,500 $ 27,100,855
973 $ 39,141,488 $ 26,844,788
3,150 $ 98,083,745 $ 33,464,185
64 $ 2,449,291 $ 2,449,291
55 $ 1,980,769 $
477,458
6 $ 4,850,216 $ 4,850,216
32 $ 1,354,897 $
184,549
48 $ 1,891,348 $
87,139
101 $ 18,839,393 $ 18,839,393
0 $
-0- $
-0-
5,908 $ 295,716,701 $ 127,317,500
C. Budget Unit: Georgia Public Telecommunications Commission
....$ 5,186,493
1588
GENERAL ACTS AND RESOLUTIONS, VOL. I
Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs Operating Expenses: Educ., Gen., and Dept. Svcs Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 3,658,109
$ 4,599,035 $ 8,257,144 $ 5,186,493
139 14
Section 35. Department of Revenue.
Budget Unit: Department of Revenue
Operations Budget:
Personal Services
Regular Operating Expenses
Travel
m
Motor Vehicle Equipment
Purchases
Publications and Printing
Equipment Purchases
Computer Charges
Real Estate Rentals
Telecommunications
Per Diem, Fees and Contracts
County Tax Officials/Retirement
and FICA
Grants to Counties/Appraisal
Staff
Motor Vehicle Tag Purchases
Motor Vehicle Decal Purchases
Postage
,
Total Funds Budgeted
Indirect DOAS Services Funding
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
.$ 51,127,674
$ $ .....$
32,170,551 1,104,710 1,326,398
$
40,500
$ 1,842,732
$ 1,225,340
$ 7,103,312
1,945,423
$
587,770
$
201,000
$ 1,644,000
$ 1,663,187
,..$ 1,433,600
$
367,500
$ 2,316,651
$ 54,972,674
$ 3,845,000
$ 51,127,674
1,223
65
Department of Revenue Functional Budgets
Pos. Total Funds State Funds
Departmental Administration
72 $ 5,069,712 $ 5,069,712
GEORGIA LAWS 1985 SESSION
1589
Internal Administration
98 $ 8,396,217 $ 8,296,221
Field Services
363 $ 11,036,957 $ 10,946,957
Income Tax
148 $ 6,579,740 $ 5,179,748
Motor Vehicle
253 $ 12,196,832 $ 10,141,832
Central Audit
111 $ 4,593,527 $ 4,593,527
Property Tax
56 $ 3,674,684 $ 3,674,684
Sales Tax
122 $ 3,425,005 $ 3,224,993
Undistributed
0 $
B I
Total
1,223 $ 54,972,674 $ 51,127,674
Section 36. Secretary of State.
A. Budget Unit: Secretary of State
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
|
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$ 16,437,107
$ 10,411,548
$ 1,386,288
$
196,350
$
101,800
$
383,316
$
175,745
$
490,731
$
1,814,119
$
286,200
$
441,700
$
500,000
$
309,410
$ 16,497,207
$ 16,437,107
373
74
Secretary of State Functional Budgets
Pos. Total Funds State Funds
Internal Administration
42 $ 1,841,502 $ 1,839,402
Archives and Records
92 $ 4,142,478 $ 4,092,478
1590
GENERAL ACTS AND RESOLUTIONS, VOL. I
Corporations Regulation
49 $ 1,537,232 $ 1,535,232
Elections and Campaign Disclosure
15 $ 1,248,767 $ 1,248,767
Securities Regulation
23 $
998,861 $
992,861
Drugs and Narcotics
15 $
654,948 $
654,948
State Campaign and Financial Disclosure
3 $
138,697 $
138,697
Occupational Certification
134 $ 5,934,722 $ 5,934,722
Undistributed
0 $
-0- $
-0-
Total
373 $ 16,497,207 $ 16,437,107
Occupational Certification Functional Budgets
Board Costs
Cost of Operations
Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Cosmetology Dentistry Dieticians
$
184,908 $
341,315
$
47,942 $
118,563
$
1.242 $
3,043
$
6.242 $
31,275
$
11,473 $
140,719
$
11,095 $
105,883
$
54,563 $
327,706
$
37,092 $
636,089
$
56,467 $
273,255
$
11,500 $
30,000
GEORGIA LAWS 1985 SESSION
1591
Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family
Therapists Medical Examiners Nursing Home
Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation
$
51,468 $
273,429
$
3,139 $
30.840
$
17,463 $
170,228
$
3,331 $
17,502
$
4,987 $
19,842
$
13,523 $
23,896
$
2,331 $
17,995
$
30,080 $
147,485
$
205,418 $
956,652
$
12,069 $
32,222
$
59,775 $
670,816
$
5,218 $
26,810
$
15,285 $
37,426
$
2,179 $
8,662
$
67,179 $
378,707
$
11,791 $
39,703
$
3,722 $
9,462
$
5,734 $
16,224
$
56,001 $
468,838
$
11,915 $
277.840
$
15,374 $
66,489
$
4,871 $
23,164
1592
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Wastewater Well Water Total
$
3,405 $
18,520
$
4,520 $
19,196
$
12,019 $
210,360
$
9,523 $
34,301
$
35,027 $
95,266
$
4,932 $
107,713
$
4,606 $
13,541
$ 1,099,409 $ 6,220,977
B. Budget Unit: Real Estate Commission $
Real Estate Commission Budget:
Personal Services
$
Regular Operating Expenses
$
Travel.
$
Motor Vehicle Equipment Purchases $
Publications and Printing
$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals
$
Telecommunications
$
Per Diem, Fees and Contracts
$
Total Funds Budgeted
$
State Funds Budgeted.
$
Total Positions Budgeted
Authorized Motor Vehicles
1,166,279
677,241 107,748
12,500 -0-
26,000 5,350
192,740 40,450 18,250 86,000
1,166,279 1,166,279
28 12
Real Estate Commission Functional Budget
Pos. State Funds
Cost of Operations
Real Estate Commission
28 $ 1,166,279 $ 1,207,229
Section 37. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission............................^
17,000,215
GEORGIA LAWS 1985 SESSION
1593
Administration Budget:
Personal Services
Regular Operating Expenses
Travel...;...
Motor Vehicle
Equipment Purchases
Publications and Printing
Equipment Purchases
Computer Charges
Telecommunications
Per Diem, Fees and Contracts
Payment of Interest and Fees
Guaranteed Educational Loans
Tuition Equalization Grants
Student Incentive Grants
Law Enforcement Personnel
Dependents' Grants
North Georgia College
ROTC Grants
Osteopathic Medical Loans
Georgia Military Scholarship
Grants
I
Academic Scholarships
Total Funds Budgeted
State Funds Budgeted
Total Positions Budgeted
Authorized Motor Vehicles
$ 2,682,778
$
184,290
$
52,000
...$ $ $
.....$ $
...$ $ $ $ .$
-060,000
6,150 235,400
83,940 26,500 430,000 3,113,550 10,948,674 4,443,122
$
36,000
$
126,300
$
180,000
$
139,500
$
-0-
$ 22,748,204
$ 17,000,215
97
1
Georgia Student Finance Commission Functional Budgets
Pos. Total Funds State Funds
Internal Administration
97 $ 3,331,058 $
-0-
Higher Education Assistance Corporation
0 $
430,000 $
330,000
Georgia Student Finance Authority
0 $ 18,987,146 $ 16,670,215
Undistributed
0 $
-0- $
-0-
Total
97 $ 22,748,204 $ 17,000,215
1594
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 38. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee ....................3
Soil and Water Conservation
Central Office Budget:
Personal Services
^
$
Regular Operating Expenses
; $
Travel.
$
Motor Vehicle Equipment
Purchases
..*....:.
;.....$
Publications and Printing.......
.....*..$
Equipment Purchases
$
Computer Charges
$
Real Estate Rentals....*..
..$
Telecommunications
...v $
Per Diem, Fees and Contracts
$
Total Funds Budgeted
$
State Funds Budgeted
$
Total Positions Budgeted
Authorized Motor Vehicles
908,944
599,139 56,380 54,212
-021.670
2,620 1,000 32,867 14.670 126,386 908,944 908,944
20 1
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
$
Cost-of-Living Increases for
Local Retirement System Members $
Floor Fund for Local
Retirement Systems
$
2.798.000
1,967,069 74,400 24.000
-054.000 12,215 644,346 185,115 102,406 274,000 88.000
1.630.000
1.168.000
GEORGIA LAWS 1985 SESSION
1595
Total Funds Budgeted...... .-. a State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 6,223,551 2,798,000 67 1
Section 40. Department of
Transportation.
Budget Unit: Department of
Transportation..............................
.$
For Public Roads and Bridges, for Grants to
Counties for Road Construction and
Maintenance,
and
for
other
transportation activities.
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
$
Capital Outlay.....
$
Grants to Counties
$
Authority Lease Rentals
State of Georgia General
Obligation Debt Sinking Fund
$
Grants to Municipalities
Capital Outlay -
Airport Development
.........$
Capital Outlay -
Airport Approach Aid
and Operational Improvement
$
Mass Transit Grants......
$
Savannah Harbor Maintenance
Payments
;....$
Spoilage Area Acquisition,
Clearing, Preparation and
Dike Reconstruction
$
439,993,180
159,459,089 44,848,281 1,588,112
1,000,000 811,147
2,342,058 1,759,670 1,086,507 1,716,031 8,991,102 528,616,544 9,317,013 23,260,745
3,458,506 9.317.000
1.270.000
1,343,000 8,796,429
630,000
-0-
1596
GENERAL ACTS AND RESOLUTIONS, VOL. I
Fall Line Freeway and Golden Isles Parkway
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
$ 1,500,000 ..$ 811,111,234
$ 439,993,180 6,946 4,800
Department of Transportation Functional Budgets
Pos. Total Funds State Funds
Motor Fuel Tax Budget
Planning and
Construction
3,005 $ 570,288,975 $ 212,980,795
Maintenance and Betterments
3,564 $ 158,423,310 $ 154,238,490
Facilities and Equipment
0 $ 4,008,247 $ 3,408,247
Assistance to Counties
0 $ 9,317,013 $ 9,317,013
Administration
338 $ 41,808,455 $ 41,358,455
Undistributed
0 $
-0- $
-Q-
Total
6,907 $ 783,846,000 $ 421,303,000
General Funds Budget Grants to Municipalities
Paving at State and Local Schools and State Institutions
Paving at State Parks and Historic Sites
Air Transportation
Inter-Modal Transfer Facilities
0 $ 9,317,000 $ 9,317,000
0 $
848,500 $
848,500
0 $ 16 $
500,000 $ 1,347,153 $
500,000 957,153
23 $ 13,122,581 $ 4,937,527
GEORGIA LAWS 1985 SESSION
1597
Harbor Maintenance Facilities
Fall Line Freeway and Golden Isles Parkway
Undistributed
Total
0 $
630,000 $
630,000
0 $
1,500,000 $
1,500,000
0 $
-0- $
_-o-
39 $ 27,265,234 $ 18,690,180
Section 41. Department of Veterans
Service.
Budget Unit: Department of Veterans
Service...........................
.$ 14,495,760
Departmental Operations Budget:
Personal Services
$ 3,746,182
Regular Operating Expenses
$
48,290
Travel
L
$
82,000
Motor Vehicle Equipment
Purchases
..........
..
$
-0-
Publications and Printing.....
18,000
Equipment Purchases
$
71,964
Computer Charges......
...$
-0-
Real Estate Rentals.......
.$
193,169
Telecommunications
56,500
Per Diem, Fees and
Contracts
>.
,..$
7,360
Capital Outlay
-0-
Postage
$
32,500
Operating Expense/Payments to
Central State Hospital
$ 8,662,847
Operating Expense/Payments to
Medical College of Georgia
$ 4,746,408
Regular Operating Expenses
for Projects and Insurance...............,......$
25,780
Total Funds Budgeted
$ 17,691,000
State Funds Budgeted
. ..$ 14,495,760
Total Positions Budgeted
142
Authorized Motor Vehicles
1
1598
GENERAL ACTS AND RESOLUTIONS, VOL. I
Veterans Service Functional Budgets
Pos. Total Funds State Funds
Veterans Assistance
142 $ 4,198,541 $ 3,945,850
Veterans Home and Nursing Facility Milledgeville
0 $ 8,713,552 $ 6,887,352
Veterans Nursing Home - Augusta
0 $ 4,778,907 $ 3,662,558
Undistributed
0 $
-0- $
41-
Total
142 $ 17,691,000 $ 14,495,760
Section 42. Workers' Compensation
Board.
Budget Unit: Workers' Compensation
Board.......................................................$ 5,575,823
Operations Budget:
Personal Services...
4,416,252
Regular Operating Expenses................ .$
86,052
Travel....
57,000
Motor Vehicle Equipment
Purchases
;.......$
-0-
Publications and Printing...;..
$
85,400
Equipment Purchases.....
$
15,350
Computer Charges.. 240,292
Real Estate Rentals.............
$
491,792
Telecommunications .....I......;.-
$
73,485
Per Diem, Fees and
Contracts
.;L:V;.v;.;.......;.-....-.''..;.........^
35,500
Postage............
$
74,700
Total Funds Budgeted... ;......
$ 5,575,823
State Funds Budgeted
.-v.
$ 5,575,823
Total Positions Budgeted
149
Authorized Motor Vehicles
1
GEORGIA LAWS 1985 SESSION
1599
Workers' Compensation Board Functional Budgets
Pos.
Total Funds State Funds
Administration
134 $ 5,080,983 $ 5,080,983
Vocational Rehabilitation
15 $
494,840 $
494,840
Undistributed
0 $
-0- $
-0-
Total
149 $ 5,575,823 $ 5,575,823
Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)....
.$ 171,172,648
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)
.$ 30,959,800
Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, including the cost of purchasing 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 Georgia's pro rata share for the operation of the National Center for State Courts.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are 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.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts 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, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 50. Provisions Relative to Section 10, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes
GEORGIA LAWS 1985 SESSION
1601
of user agency or agencies for which the Department provides service:
General Services Data Processing Service Motor Pool Service Communication Services Printing Services
$
494,112
$ 45,240,082
..$ 2,260,945
$ 33,930,255
$ 4,740,892
The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services.
The Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.
Section 51. Provisions Relative to Section 11, Department of Agriculture. From the appropriation in Section 11 (Department of Agriculture) relative to Regular Operating Expenses, $60,000 is designated and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for "on-farm" testing for brucellosis in cattle to be transported out of Georgia.
The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers.
The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable.
No expenditure from the appropriation in Section 11 relating to Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Authority (Markets).
Section 52. Provisions Relative to Section 16, State Board of Education - Department of Education. From the
1602
GENERAL ACTS AND RESOLUTIONS, VOL. I
appropriation in Section 16 (State Board of Education - Department of Education), $30,000 of the special education funds is designated* and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School; $80,000 of the staff development funds is designated and committed to fund a State-level staff development program specifically for special education teachers utilized in programs for intellectually gifted students and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools; and $18,601,401 of the compensatory education funds is designated for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. Each local system's compensatory education plan shall provide for a program remediating those students who have failed, or who are at risk of failing, the fourth or eighth grade Georgia Criterion Referenced Test and the tenth grade Georgia Basic Skills Test; provided, however, where a local system's compensatory education plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two.
Compensatory Education 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.
None of the State funds appropriated in Section 16 may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.
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' Retirement System and Teachers' Health Insurance applicable to such salary.
Provided, further, that for systems which do not elect to implement the full day kindergarten program, the allotment
GEORGIA LAWS 1985 SESSION
1603
of instructional units shall be made on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.
Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to implement the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transportation; however, allotments shall not exceed the actual cost of mid-day transportation by the local system.
State funds appropriated to local systems for classroom teacher salaries on the basis of average daily attendance in grades 1 through 7 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.
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.
No payments from funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media for special education teachers shall be made prior to such teaching unit being filled.
Teaching units allocated under Code Section 20-2-152 to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
From the appropriation in Section 16 (State Board of Education - Department of Education) 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.
Local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 and
1604
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
From appropriations in Section 16 (State Board of Education - Department of Education) for salaries relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2181(d)(2), 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.
The funds appropriated in Section 16 (State Board of Education - Department of Education) for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1986 entitlements were sufficient to cover eligible projects (pursuant to Code Section 20-2-250), based on a total State entitlement of $100 million for S.F.Y. 1986.
Comprehensive High Schools or Vocational Schools may use funds appropriated for the High School Program for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education.
Section 53. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by fortyfive one-hundredths of one percent of salaries to fund one and one-half per cent cost of living increases on July 1, 1985, and January 1, 1986, and to fund continuation of increases provided on January 1 and July 1 of 1984, and January 1, 1985.
Section 54. Provisions Relative to Section 18, Forestry Commission. From the Appropriation in Section 18 (Forestry Commission), $30,000 of the Ware County Grant is intended for the Southern Forest World and $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance.
Section 55. Provisions Relative to Section 21, Office of the Governor. There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the
GEORGIA LAWS 1985 SESSION
1605
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.
Not less than 95% of the appropriation in Section 21 (Office of the Governor) relative to Art Grants--State Funds is designated and committed for grants to counties, cities, and nonprofit organizations in the State of Georgia.
Section 56. Provisions Relative to Section 23, Department of Human Resources. From the appropriation in Section 23 (Department of Human Resources), $100,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $100,000 is designated and committed for the purchase of clotting factor for the hemophilia program.
No State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.
The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 61% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:
Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11
Standards of Need $ 202 306 366 432 494 536 580 616 648 694 742
Maximum Monthly Amount $ 123 187 223 264 301 327 354 376 395 423 453
1606
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally.
Provided, that of the above appropriation, the Department of Human Resources is authorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise.
From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc.
From the appropriation in Section 23, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for such disability cannot be obtained from other sources.
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 Warm Springs Hospital.
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.
From the appropriation in Section 23 (Department of Human Resources) relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire 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.
The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.
GEORGIA LAWS 1985 SESSION
1607
The Department of Human Resources may 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.
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 problem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation; provided, however, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years.
From the appropriation in Section 23 (Department of Human Resources), not less than $156,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program.
From the appropriation in Section 23 (Department of Human Resources) relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treatment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care.
From the appropriation in Section 23 (Department of Human Resources), $40,775 is designated and committed for a program of screening and treatment of diabetes in the Columbus area.
Provided, that of the appropriation relating to Benefits for Child Care, the Department is hereby authorized to utilize existing funds for a one-time emergency clothing allowance for foster children over age twelve, not to exceed $300.
Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such Centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services.
1608
GENERAL ACTS AND RESOLUTIONS, VOL. I
It is the intent of this General Assembly that no money designated for Mental Retardation programs be used in any manner in connection with the statewide alcohol and drug treatment services plan.
All Federal funds received for alcohol and drug abuse treatment above the amounts contemplated in this Act shall be used to implement an alcohol and drug treatment services program in Middle Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make monthly payments to service providers of no more than $406, and the Department is directed to supplant State funds with patient collections to reduce the State cost of the program.
The Department shall have flexibility in the Community Mental Retardation Residential Services 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 that these residential services be available to clients residing in the community as well as those returning to their communities from institutions.
The Department shall have flexibility in Supportive Living Benefits to contract with private home providers 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.
No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia.
GEORGIA LAWS 1985 SESSION
1609
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a shortterm training program in alcoholism and drug abuse.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Youth Services, $33,750 is designated and committed for the purpose of continuing the work experience component of the Ft. Yargo Group Home Program.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia State Foster Grandparent/ Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.
Central State Hospital, 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.
Section 57. Provisions Relative to Section 24, Department of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade) relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers.
To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues.
Section 58. Provisions Relative to Section 25, Department of Labor. It is the intent of this General Assembly that all state agencies involved in building inspections, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of effort, and further, that the Office of Planning and Budget make a report to the relevant legislative committees concerning the need to concentrate responsibility for all building inspections, including the inspection of elevators and boilers, in a single State agency.
1610
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 59. Provisions Relative to Section 27, Department of Medical Assistance. Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health.
Provided, that of the appropriation in Section 27, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.
Section 60. Provisions Relative to Section 28, Merit System of Personnel Administration. 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.
The Department is authorized to assess no more than $116.81 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1986 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 61. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
GEORGIA LAWS 1985 SESSION
1611
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Section 62. Provisions Relative to Section 30, Department of Offender Rehabilitation. Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county.'
From the appropriation in Section 30 (Department of Offender Rehabilitation) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project.
With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs.
The Department shall not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia.
Section 63. Provisions Relative to Section 31, Department of Public Safety. From the appropriation in Section 31 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction report.
To the extent that Federal funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 31, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants.
For the purpose of purchasing police pursuit motor vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of police
1612
GENERAL ACTS AND RESOLUTIONS, VOL. I
pursuit vehicles when such purchases are made by the State of Georgia or otherwise placed a part of a State of Georgia contract. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. 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 64. Provisions Relative to Section 34, Regents, University System of Georgia. 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 by any college or university from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Revenue from student fees that exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, however, that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
The 1 1/2% Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 34 (Regents, University System of Georgia) shall be utilized to provide 2 1/2% merit-type increases.
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 Subcommittees.
GEORGIA LAWS 1985 SESSION
1613
The payment of Grants to Junior Colleges shall be based on a rate of $850 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.
Section 65. Provisions Relative to Section 35, Department of Revenue. From the appropriation in Section 35 (Department of Revenue) relating to motor vehicle tag purchases, $1,433,600 is designated and committed for the sole purpose of contracting for the production of at least 1,120,000 motor vehicle tags and may be used for partial, advance payment during tag production.
Section 66. Provisions Relative to Section 37. From the appropriation in Section 37 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 professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: 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
The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $775 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.
1614
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 67. Provisions Relative to Section 40, Department of Transportation. In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
Grants to Counties for aid in county road construction and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill.
Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 36-40-46), and shall be dis-
GEORGIA LAWS 1985 SESSION
1615
tributed and disbursed on a quarterly basis, such payments to be made on the last day of each quarter.
Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air-transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
Wmm.
State funds for any airport development project snail not exceed local funds for such project, except for airports owned by the State of Georgia.
Of the above appropriation $1,200,000 is designated and committed for preliminary engineering, location, environmental and traffic studies, and mapping for the Fall Line Freeway, a multi-lane highway originating at Columbus and ending at Augusta. A route between Macon and Perry and a route through, or by way of, Macon shall be studied.
Of the above appropriation $300,000 is designated and committed for preliminary engineering, location, environmental and traffic studies, and mapping for the Golden Isles Parkway, from 1-75 along U.S. 341 to 1-95.
Section 68. Provisions Relative to Section 41, Department of Veterans Service. From the appropriation in Section 41 (Department of Veterans Service), the Department of Veterans Service is authorized to utilize up to $280,000 of operating funds to match Federal funding if it becomes available to design a veterans nursing home in Georgia.
Section 69. In addition to all other appropriations for the State fiscal year ending June 30,1986, there is hereby appropriated $3,132,482 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $7,967,102 for the purpose of providing operating funds for the State physical health laboratories ($135,000 Budget Unit "A") and for State mental health/mental retardation institutions ($7,832,102 Budget Unit "C") in the Department of Human Resources. The Office
1616
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 70. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall 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 71. Each State agency utilizing xerographic reproducing equipment shall 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. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 72. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable 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 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 circumstances requiring frequent and regular use of such State vehicle in official State business under conditions 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 73. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
GEORGIA LAWS 1985 SESSION
1617
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 74. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity and function contained in this Appropriations Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
No State funds in this appropriation
paid to or on
riofLCjcorgia Indigent Lot
nffilintrn nrrr nhnll nny St7ifr~fiiijbtiQr^r^iVi<irlr nypflnl
their use, includingjaui-^qt'limitcd to the
Statewid(jJjeletfl5mmunications Network oithor diroct|^p^M
1618
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 78. In accordance with the requirements 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 authority created and activated at the time of the effective 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 payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 79. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1985 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, functional budgets, 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 Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at legist eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers.
GEORGIA LAWS 1985 SESSION
1619
This Section shall apply to all funds of each Executive Branch budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendations by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 80. 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 with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 81. For the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pickup trucks, vans, station wagons and any other such vehicles for street and highway use; and
(2) The number of authorized motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles; and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.
1620
GENERAL ACTS AND RESOLUTIONS, VOL. I
^tion 82.--There ia hereby appropriated a specifies
of FcdoraT^raiit funds, said specific sum being
fe
total of the Fo5oitd-grant funds availablg^iHr^oxcosB of t
amounts of such funds appgepj^iatete<cI^BrfTie foregoing
of this Act, for the purpose^ PS anting appropriated funds, which Statcjjiaehf'ashhaallll ther"eCuuppoon"be>4inavailable for
oxpcndituroijjilleggsf'rreoapppropriatod by the Goorgmt^m^ul
s3ccmmbDlyiy^>Trhais provision snhaill not apply to project grant fuSde
nofappropriated in this Act
Section 83. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 84. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $238,582,477 for the purposes described herein: 1) An increase of 7% with a minimum of $700 per annum for full-time employees of the Executive, Judicial and Legislative branches of State government, effective July 1,1985; 2) An increase from $14,329 to $16,000 for the T-4 entrance level and a restructuring of the teacher salary schedule, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1,1985; 3) For school bus drivers and lunchroom workers a 7% increase to be effective July 1, 1985; 4) For University System employees, a 7% salary increase to be effective September 1,1985 for academic contracted personnel; 5) A 7% salary increase, effective July 1, 1985, for nonacademic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations; 6) An increase of 7% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4, except as prohibited
GEORGIA LAWS 1985 SESSION
1621
by HB 270 as passed in the 1985 Regular Session of the Georgia General Assembly.
Section 85. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $11,301,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of county and independent school systems throughout the State of Georgia, including land, property, school buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than $94,175,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $868,800 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of public library facilities for county and independent school systems, counties, municipalities, boards of trustees of public libraries, and boards of trustees of public library systems throughout the State of Georgia, including land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than $7,240,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $960,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of kindergarten facilities for county and independent school systems throughout the State of Georgia, including land, property, buildings, structures, equipment, and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt.
1622
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $780,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of facilities at Amicalola Falls State Park of the Department of Natural Resources, including land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,710,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment, and facilities of the Board of Regents of the University System of Georgia, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $39,250,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $780,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of Savannah harbor dikes and sites for deposit of spoilage from dredging by the Department of Transportation, including land, waters, property, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,900,000 is specifically appropriated for the purpose of financing the construction, development, and equipping of a microelectronics center at the Georgia Institute of Technology under the jurisdiction of the Board of Regents of the University System of Georgia through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt.
GEORGIA LAWS 1985 SESSION
1623
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $5,980,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Offender Rehabilitation, through the issuance of not more than $23,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,080,000 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the Georgia Department of Administrative Services (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities both real and personal, necessary or useful in connection therewith, of and for the Department), through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt.
Section 86. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1986
$ 4,838,000,000.
Section 87. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 88. All laws and parts of laws in conflict with this Act are repealed.
Approved April 10, 1985.
1624
GENERAL ACTS AND RESOLUTIONS, VOL. I
RETIREMENT AND PENSIONS -- RETIREMENT SYSTEM MEMBERSHIP OF PERSONS CONVICTED OF CERTAIN CRIMES; ACCUMULATED SICK LEAVE AND ANNUAL
LEAVE UNDER THE EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA.
Code Sections 47-1-20 through 47-1-23 Enacted.
Code Section 47-2-91 Amended.
No. 761 (Senate Bill No. 224).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide restrictions and prohibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes and to provide for definitions in connection therewith; to revise the provisions of the Employees' Retirement System of Georgia relating to creditable service for accumulated sick and annual leave; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by designating all Code sections of Chapter 1, relating to general provisions applicable to retirement and pensions, as Article 1 of said chapter and by adding at the end of said chapter a new Article 2 to read as follows:
"ARTICLE 2
47-1-20. As Used in this article, the term:
(1) 'Conviction' means a judgment of conviction for the commission of a crime which is entered upon a verdict or plea of guilty.
GEORGIA LAWS 1985 SESSION
1625
(2) 'Employee contribution' means that part of the compensation of a public employee which is paid by the employee or by the employer on the employee's behalf to a public retirement system as a requirement for membership in the public retirement system.
(3) 'Final conviction' means a conviction which has been upheld after the convicted person has exhausted all appeals of the conviction.
(4) 'Political subdivision' means any county, municipality, or local school district.
(5) 'Public employee' means elected and appointed officials and employees of the state or any branch, department, board, bureau, commission, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision or authority or other agency of a political subdivision.
(6) 'Public employment related crime' means any one or more of the following crimes:
(A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a government in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (2) of Code Section 16-8-12;
(B) Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office;
(C) Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 1610-20;
(D) Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21;
(E) Stealing, altering, or concealing public records as provided in Code Section 45-11-1; and
1626
GENERAL ACTS AND RESOLUTIONS, VOL. I
(F) Selling offices or dividing fees as provided in Code Section 45-11*2.
(7) 'Public retirement system' means any retirement or pension system now or hereafter created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as members of the retirement or pension system.
47-1-21. (a) This Code section shall apply to public employees in service on July 1,1985, as long as such employees remain in continuous service as public employees. Any public employee in service on July 1, 1985, who ceases to be a public employee on or after that date and who subsequently again becomes a public employee shall be subject to the provisions of Code Section 47-1-22 upon again becoming a public employee. Any person who was a public employee prior to July 1, 1985, and who ceased to be a public employee prior to that date shall be subject to the provisions of Code Section 47-1-22 if such person again becomes a public employee after July 1, 1985.
(b) If a public employee commits a public employment related crime on or after July 1, 1985, in the capacity of a public employee and is convicted for the commission of such crime, such employee's membership in any public retirement system shall terminate on the date of final conviction and such employee shall not at any time thereafter be eligible for membership in any public retirement system. For any such public employee finally convicted for the commission of a public employment related crime, the right to any benefit or any other right under any public retirement system in which the employee is a member shall be determined as of the date of final conviction.
47-1-22. (a) This Code section shall apply to public employees first or again becoming public employees after July 1, 1985.
(b) If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the commission of such crime, such employee shall forfeit all rights and benefits under and membership
GEORGIA LAWS 1985 SESSION
1627
in any public retirement system in which the employee is a member, effective on the date of final conviction. Any such public employee shall not at any time after such final conviction be eligible for membership in any public retirement system. Any employee contributions made by any such public employee to any public retirement system during membership in the public retirement system shall be reimbursed, without interest, to the public employee within 60 days after the date of final conviction for the commission of a public employment related crime.
47-1-23. Nothing in this article shall be construed to create a right for any public employee who is charged with the commission of a public employment related crime to remain a public employee or a member of a public retirement system until such employee is finally convicted for the commission of such crime. Nothing in this article shall be construed to create a right for a public employee who is charged with the commission of a public employment related crime to accrue rights or benefits under a public retirement system after the date any such employee ceases to be a member of such public retirement system."
Section 2. Said title is further amended by striking Code Section 47-2-91, relating to credit for accumulation of sick and annual leave under the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new Code Section 47-2-91 to read as follows:
"47-2-91. (a) As used in this Code section, the term:
(1) 'Classified member' means a member of the retirement system who is in the classified service of the State Merit System of Personnel Administration provided for by Chapter 20 of Title 45.
(2) 'Commissioner' means the commissioner of personnel administration provided for in Code Section 4520-4.
(3) 'Compensatory time' means time off from work which is used in lieu of annual or sick leave to offset overtime service rendered by an employee when the employee is compensated by a fixed salary and is not financially compensated for such overtime service.
1628
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) 'Elected state official' means the Governor, Lieutenant Governor, each member of the Public Service Commission, the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Labor, Commissioner of Agriculture, each Justice of the Supreme Court, and each Judge of the Court of Appeals.
(5) 'Unclassified member' means any member of the retirement system who is in the unclassified service of the State Merit System of Personnel Administration provided for by Chapter 20 of Title 45 or who is otherwise not covered by the rules and regulations of the State Personnel Board, including elected state officials.
(b) (1) Accumulated days of forfeited annual and sick leave for which a member has not been paid shall constitute creditable service if such member has at least six months of such forfeited leave at the time of the member's retirement. The member shall be given one month of creditable service for each 20 days of forfeited annual and sick leave. Upon retirement of a classified member, the employer shall certify to the board of trustees the total amount of that member's forfeited annual and sick leave based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available for classified members, forfeited leave for an undocumented period may be computed as provided in subsection (i) of this Code section. The determination of accumulated days of forfeited annual and sick leave for unclassified members shall be based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available, forfeited leave for unclassified employees shall be computed as follows:
(A) When 15 years or more of leave records are available for an unclassified member, the determination of forfeited leave for undocumented periods shall be computed as provided in subsection (i) of this Code section; or
GEORGIA LAWS 1985 SESSION
1629
(B) When less than 15 years of leave records are available for an unclassified member, the determination of forfeited leave for undocumented periods shall be ba^ed on the one-year average amount of forfeited annual and sick leave calculated by the commissioner pursuant to subsection (f) of this Code section and as provided in subsection (g) of this Code section, subject to the limitation in subsection (j) of this Code section.
(2) For both classified and unclassified members, each employer shall contribute the same amount as would have been contributed by the employer had the member obtaining creditable service for forfeited annual and sick leave remained in state employment without change in compensation for a period of time equal to the amount of forfeited annual and sick leave for which creditable service is obtained.
(c) For unclassified members, the maximum number of days of annual and sick leave which may be accumulated in one year shall be in accordance with the rules and regulations of the State Personnel Board governing employees in classified service, as defined in paragraph (2) of Code Section 45-20-2.
(d) For the purposes of this Code section, compensatory time shall not be applicable to elected state officials and no elected state official may offset any annual or sick leave taken by any such official by any compensatory time which might otherwise be applicable to such official.
(e) When accumulated forfeited annual and sick leave is claimed for the purposes of this Code section by an elected state official based on records maintained by or pursuant to the order or supervision of the elected state official, any such accumulated annual and sick leave accepted by the board of trustees shall, in addition to such records, be based on the elected state official's sworn statement that the amount of accumulated forfeited annual and sick leave claimed by the elected state official is true and correct.
(f) The commissioner shall select a random representative sample of employees who, as of June 30, 1985, have
1630
GENERAL ACTS AND RESOLUTIONS, VOL. I
ten years or more of continuous service in the classified service of the State Merit System of Personnel Administration. From an examination of the personnel records of the members in the sample, the commissioner shall calculate an annual average of the number of days of annual leave taken and an annual average of the number of days of sick leave taken by the members in the sample. The average days for annual leave taken and the average days for sick leave taken shall then each be deducted, respectively, from the maximum number of days of annual leave and the maximum number of days of sick leave which may be accumulated in one year under rules and regulations of the State Personnel Board by an employee in the classified service of the state merit system. The two figures resulting after making such reductions shall be added together and the resulting figure shall be forfeited annual and sick leave for each year of membership service for the purposes of subsection (g) of this Code section, subject to the limitation in subsection (j) of this Code section.
(g) The average amount of forfeited annual and sick leave calculated by the commissioner pursuant to subsection (f) of this Code section shall be supplied by that officer to all employers. When less than 15 years of leave records are available, the determination of forfeited annual and sick leave for unclassified employees with undocumented periods may be certified by the employer based on the average amount of forfeited annual and sick leave supplied by the commissioner. The amount which may be so certified shall be calculated by multiplying the figure representing the oneyear average of forfeited annual and sick leave by the number of years of membership service for which leave records were not available at the time of retirement, subject to the limitation in subsection (j) of this Code section.
(h) For any member whose membership service includes service as both a classified and unclassified member, both classified and unclassified service may be considered in qualifying for undocumented forfeited annual and sick leave calculations based on 15 or more years where employers have maintained adequate records of annual and sick leave taken by members. When 15 or more years of leave records are available through a combination of both classified and un-
GEORGIA LAWS 1985 SESSION
1631
classified service, forfeited annual and sick leave for an undocumented period may be computed as provided in subsection (i) of this Code section. When less than 15 years of leave records are available through a combination of both classified and unclassified service for a member, then the undocumented forfeited leave for the unclassified service shall be calculated pursuant to subsection (g) of this Code section and undocumented forfeited leave for classified service shall be calculated pursuant to subsection (i) of this Code section, subject to the limitation in subsection (j) of this Code section. The two calculations shall then be added together to determine the total amount of forfeited leave for the undocumented period.
(1) The formula provided by this subsection may be utilized for computation of forfeited annual and sick leave during the undocumented periods of service described in paragraph (1) and subparagraph (A) of said paragraph (1) of subsection (b) of this Code section. The formula is as follows:
(1) Compute the maximum earnable sick and annual leave for the undocumented period;
(2) Compute the total sick and annual leave taken for all periods in which documentation is available;
(3) Compute the average sick and annual leave taken per month by dividing the answer under paragraph (2) of this subsection by the total number of documented months;
(4) Multiply the answer under paragraph (3) of this subsection by the total number of months in the undocumented period; and
(5) Subtract the answer under paragraph (4) of this subsection from the answer under paragraph (1) of this subsection to determine total leave earned and not taken during the undocumented period.
(j) For unclassified employees who have less than 15 years of leave records available, the determination of forfeited annual and sick leave shall be limited to the lesser
1632
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the amount calculated pursuant to subsections (f) and (g) of this Code section or the average of actual forfeited annual and sick leave for which leave records are available, whichever is less.
(k) The board of trustees may adopt rules and regulations, not inconsistent with the provisions of this Code section, to aid in administering and carrying out the provisions of this Code section."
Section 3. This Act shall become effective on July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 12, 1985.
GARNISHMENT -- SUMMONS TO CONTAIN SOCIAL SECURITY NUMBER; DEDUCTIONS; CONTINUING GARNISHMENT ON CERTAIN FEDERAL COURT JUDGMENTS.
Code Title 18, Chapter 4 Amended.
No. 762 (House Bill No. 59).
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 a summons of garnishment or a summons of continuing garnishment shall contain on its face the social security number of the defendant in garnishment; to change the amount which the garnishee is entitled to deduct from funds paid into court; to amend Code Section 18-4-110 of the Official Code of Georgia Annotated, relating to continuing garnishments, generally, so as to provide for continuing garnishments where money judg-
GEORGIA LAWS 1985 SESSION
1633
merits have been obtained in certain federal courts; to provide 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. 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 and persons subject to garnishment, a new subsection (h) to read as follows:
"(h) The summons of garnishment, including a summons of continuing garnishment, may on its face set forth, if known, the social security number of the defendant."
Section 2. Said chapter is further amended by striking paragraph (2) of Code Section 18-4-66, relating to forms for postjudgment garnishment, and inserting in its place a new paragraph (2) to read as follows:
"(2) Summons of garnishment.
IN THE
COURT OF STATE OF GEORGIA
COUNTY
) )
Plaintiff
j
)
)
Defendant
)
Social security
)
number
)
)
Civil action File no.
Garnishee
^
)
Address
)
1634
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 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 of said Court.
, Judge
This
day of
Court of Planitiff's attorney
, 19 . County
Clerk,
ADDRESS
Service perfected on
garnishee, this
day of
, 19 .
Deputy marshall, sheriff, or constable"
GEORGIA LAWS 1985 SESSION
1635
Section 3. Said chapter is further amended by striking subsection (a) of Code Section 18-4-97, relating to payment of expenses incurred by garnishees in garnishment proceedings, and inserting in its place a new subsection (a) to read as follows:
"(a) The garnishee shall be entitled to his actual reasonable expenses, including attorney's fees, in making a true answer of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases. The garnishee may deduct $25.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50.00, as reasonable attorney's fees or expenses."
Section 4. Code Section 18-4-110 of the Official Code of Georgia Annotated, relating to continuing garnishments, generally, is amended by striking said Code section and inserting in lieu thereof a new Code Section 18-4-110 to read as follows:
"18-4-110. In addition to garnishment proceedings otherwise available under this chapter, in cases where a money judgment shall have been obtained in a court of this state or a federal court sitting in this state, the plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom the judgment has been obtained. Unless otherwise specifically provided in this article, the methods, practices, and procedures for continuing garnishment shall be the same as for any other garnishment as provided in this chapter, including, but not limited to, those proceedings after answer as provided in Code Section 18-4-89."
Section 5. Said chapter is further amended by striking paragraph (2) of Code Section 18-4-118, relating to forms for continuing garnishment, and inserting in its place a new paragraph (2) to read as follows:
"(2) Summons of continuing garnishment.
1636
GENERAL ACTS AND RESOLUTIONS, VOL. I
IN THE Plaintiff
COURT OF STATE OF GEORGIA
) )
^
COUNTY
v.
I
Civil action
)
File no.
)
Defendant
)
Social security
)
number
)
)
Garnishee
\
)
Address
)
SUMMONS OF CONTINUING GARNISHMENT
To:
Garnishee
Amount claimed due by plaintiff
$
(To be completed by plaintiff)
Plus court costs due on this summons
$
(To be completed by 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 time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. 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. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at the time of service
GEORGIA LAWS 1985 SESSION
1637
of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.
Witness the Honorable of said Court.
, Judge
This
day of
, 19 .
Court of
Clerk, County
Plaintiff's attorney
Address
Service perfected on garnishee, this
day of
, 19 .
Deputy marshall, sheriff, or constable"
Section 6. This Act shall become effective July 1, 1985, and shall apply to proceedings commenced on or after that date.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 12, 1985.
1638
GENERAL ACTS AND RESOLUTIONS, VOL. I
RETIREMENT AND PENSIONS -- ADOPTION OF RULES AND REGULATIONS BY STATE RETIREMENT SYSTEMS.
Code Section 47-1-10 Enacted.
No. 763 (House Bill No. 227).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide procedures and requirements relative to the adoption of rules and regulations by boards of trustees of state retirement or pension systems; 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 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 47-1-10 to read as follows:
"47-1-10. (a) As used in this Code section, the term:
(1) 'Board of trustees' means the board of trustees or other administrative body or agency charged with the duty of administering any public retirement or pension system created by this title, except the board of trustees of the Joint Municipal Employees Benefit System provided for by Chapter 5 of this title.
(2) 'Employer' means a state department, official, or agency of the state or a local board of education, local elected official, or a local political subdivision which employs members.
(3) 'Member' means a member of a public retirement or pension system created by this title.
(4) 'Member organization' means any association of public employees or officials whose membership consists primarily of members of a public retirement or pension system created by this title.
GEORGIA LAWS 1985 SESSION
1639
(5) 'Rule' means any rule or regulation adopted by a board of trustees for the administration or to aid in the administration of a public retirement or pension system created by this title, except rules or regulations governing or relating to the investment of the funds or assets of any such retirement or pension system by any such board of trustees.
(6) 'Small retirement system' means any public retirement or pension system created by this title which has less than 200 members.
(b) Prior to the adoption, amendment, or repeal of any rule, a board of trustees shall:
(1) Give at least 30 days' notice of the intended action. The notice shall include an exact copy of the proposed rule, the date on which the board of trustees will consider the adoption of the rule, and the time and place where the board of trustees shall meet for such purpose. 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 to or repeal of an existing rule, the existing rule shall be clearly identified. The notice shall be mailed to all members of the respective retirement or pension system who have requested in writing to the board of trustees to be placed on a mailing list for proposed rules, provided that such mailing list shall not exceed 200 such members. If more than 200 members request to be placed on such mailing list, the board of trustees shall confine the list to the first 200 members making written request to the board of trustees to be placed on the mailing list. The board of trustees of any small retirement system may, at its discretion, mail the notice to all members. The notice shall also be mailed to employers and to member organizations of the respective public retirement or pension systems. Employers shall post such notices on bulletin boards for their respective employees and shall otherwise take reasonable steps to assure that members of the respective retirement or pension systems are made aware of the notice; and
1640
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Afford members of the retirement or pension system affected by the proposed rule a reasonable opportunity'to submit to the board of trustees, in writing, data, views, or arguments relative to the proposed rule. Any such submissions received by the board of trustees prior to the adoption of the proposed rule shall be considered by the board of trustees.
(c) At the time of the distribution of the notices required by paragraph (1) of subsection (b) of this Code section, the respective boards of trustees shall transmit a copy of such notices to each member of the House and Senate standing committees on retirement for review by such committees. If, prior to the adoption of the rule by the respective board of trustees, the chairman of either such committee notifies such board of trustees that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of such board of trustees to consult with the committee prior to the adoption of the rule.
(d) If a board of trustees finds that the immediate adoption of a rule is necessary to secure or protect the interests of the members of its respective public retirement or pension system, such rule may be adopted on an emergency basis without following the procedures required by this Code section. In that event, the board of trustees shall adopt a resolution declaring the existence of an emergency and explaining the basis for such declaration as a condition necessary to adopt a rule on an emergency basis. Any rule adopted pursuant to the authority of this subsection shall expire in not more than 120 days immediately following its adoption, but the adoption of an identical rule pursuant to the requirements of this Code section is not precluded.
(e) (1) By not later than January 1, 1986, each board of trustees shall file with the Secretary of State a certified copy of all rules which were adopted by such board of trustees during the period beginning on January 1,1979, and ending on July 1, 1985. Any rule adopted by a board of trustees during such period which is not filed with the Secretary of State by January 1, 1986, shall be void and of no force and effect after January 1, 1986. It shall
GEORGIA LAWS 1985 SESSION
1641
not be necessary for rules adopted by boards of trustees prior to January 1, 1979, to be filed with the Secretary of State and such rules shall continue in force and effect until repealed by the respective boards of trustees, but if any such rule is amended on or after July 1, 1985, the original rule as amended shall be filed with the Secretary of State.
(2) Except pursuant to the authority of subsection (d) of this Code section, each rule adopted by a board of trustees on or after July 1, 1985, shall not become effective until the expiration of at least 20 days after an original and two copies of the rule are filed in the office of the Secretary of State.
(3) Rules which are required to be filed with the Secretary of State by paragraphs (1) and (2) of this subsection shall contain a citation of the authority pursuant to which the rules were adopted and, when existing rules are amended, the filings required by this subsection shall clearly identify the existing rules. The Secretary of State shall endorse on each filing required by this subsection the time and date of the filing and shall maintain a file of the rules for public inspection. The provisions of this subsection relative to rules adopted on or after July 1, 1985, shall not be construed to require a rule to go into effect 20 days after filing with the Secretary of State if the rule, by its own terms, provides for a later effective date. Rules filed with the Secretary of State pursuant to this subsection shall be published by the Secretary of State as a part of the rules of state agencies published by the Secretary of State pursuant to Code Section 5013-7."
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 12, 1985.
1642
GENERAL ACTS AND RESOLUTIONS, VOL. I
GROUP DAY-CARE HOMES AND DAY-CARE CENTERS -- FIRE SAFETY.
Code Section 25-2-13 Amended.
Code Section 49-5-14 Repealed.
No. 764 (House Bill No. 369).
AN ACT
To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to repeal provisions concerning fire inspections of day-care homes and day-care centers; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to include day-care homes and day-care centers as subject to regulations of the Safety Fire Commissioner; to provide definitions and exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by repealing in its entirety Code Section 495-14, relating to fire inspections of day-care homes and day-care centers, which reads as follows:
"49-5-14. (a) Fire inspections of group day-care homes and day-care centers shall be performed by local fire departments or local fire marshals. Such local fire departments or local fire marshals shall be responsible for enforcing fire safety standards within their jurisdictions and shall:
(1) Conduct fire safety inspections of group day-care homes and day-care centers at least once a year using the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for daycare centers by the Board of Human Resources or using any subsequent applicable code adopted by the said board pursuant to subsection (c) of this Code section; and
GEORGIA LAWS 1985 SESSION
1643
(2) Issue permanent and temporary certificates of occupancy.
(b) If local fire departments or local fire marshals are unable or unwilling to perform fire inspections of group daycare homes and day-care centers, the department shall assume such responsibility.
(c) The department shall have the responsibility to review new fire safety codes and make recommendations to the board. The board may modify any new fire safety codes. Any day-care center constructed after November 1, 1982, shall comply with such codes; provided, however, that daycare centers in operation, under construction, or with approved plans prior to November 1, 1982, shall comply with the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the board and shall remain in compliance with that code as modified as long as the day-care center is operated at the same location.",
and inserting in its place the following:
"49-5-14. Reserved."
Section 2. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, is amended by striking "and" at the end of subparagraph (b)(1)(G), by striking the period and inserting "; and" at the end of subparagraph (b)(1)(H), and by inserting immediately following subparagraph (b)(1)(H) a new subparagraph, to be designated subparagraph (b)(l)(I), to read as follows:
"(I) Group day-care homes and day-care centers required to be licensed as such by the Department of Human Resources and in which at least seven children receive care. As used in this subparagraph, the term 'group day-care home' means a day-care facility subject to licensure by the Department of Human Resources where at least seven but not more than 12 children receive care; and the term 'daycare center' means a day-care facility subject to licensure
1644
GENERAL ACTS AND RESOLUTIONS, VOL. I
by the Department of Human Resources where more than 12 children receive care. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and day-care centers shall not require staff-to-child ratios."
Section 3. Nothing herein shall amend or repeal the definitions contained in O.C.G.A. Code Chapter 49-5.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 12, 1985.
MOTOR FUEL TAX -- HIGHWAY AND NONHIGHWAY USES; STORAGE RECEPTACLES; RECORDS.
Code Sections 48-9-3 and 48-9-12 Amended.
No. 765 (House Bill No. 431).
AN ACT
To amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, so as to remove current provisions relating to liability for taxes on certain fuels sold to ultimate consumers who have both highway and nonhighway uses for such fuels; to make new provisions for liability for taxes on such fuels delivered to purchasers who have storage receptacles with certain withdrawal outlets; to authorize the state revenue commissioner to waive record keeping requirements with respect to fuel sales which do not exceed a certain volume; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 1985 SESSION
1645
Section 1. Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, is amended by striking subparagraph (b) (7) (B) of Code Section 48-9-3, relating to levying of motor fuel taxes, and inserting in its place a new subparagraph to read as follows:
"(B) (i) In instances where a sale of compressed petroleum gas has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the commissioner that the motor fuel purchased prior to the licensee's becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and
(ii) (I) Any fuel oils or special fuel sold by a distributor to a purchaser who has a storage receptacle for such fuel oils or special fuel which has a connection to a withdrawal outlet that may be used to place such motor fuel in the running tank or power cell of a motor vehicle designed for use on the public highways or in equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway is not exempt from the taxes imposed by this article unless the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel or an affidavit has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels or is a reseller of such fuels. Each affidavit shall be valid for a period of not more than one year from the date of execution and a copy of the affidavit must be received by the Depart-
1646
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment of Revenue within ten working days from the date of execution. It shall be the responsibility of the purchaser to notify the distributor when he is no longer qualified for the nonhighway exemption. It shall be the duty of the distributor to rescind, by a writing directed to the commissioner, any affidavit submitted if at any time the purchaser notifies the distributor that he is not qualified for the nonhighway exemption or the distributor becomes aware that the purchaser is no longer so qualified. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel.
(II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind his affidavit to his distributor in writing when he is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict the option of the purchaser to become licensed as a distributor. If the distributor sells fuel oils or special fuel to a purchaser who has a storage receptacle for such fuel oils or special fuel which has a connection to a withdrawal outlet that may be used to place such motor fuel in the running tank or power cell of a motor vehicle designed for use on the public highways or in equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway and the purchaser is not a valid licensed distributor and has not executed a valid signed affidavit, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; or"
Section 2. Said article is further amended by striking paragraph (8) of subsection (a) of Code Section 48-9-12, relating to powers of the state revenue commissioner with respect to motor fuel taxation, and inserting in its place a new paragraph to read as follows:
GEORGIA LAWS 1985 SESSION
1647
"(8) Waive the bond and the report required of a licensed distributor of fuel oils, compressed petroleum gas, or special fuel if the distributor has no taxable sales of the fuel and his receipts do not exceed 12,000 gallons per year and with respect to such distributors waive requirements for record keeping on sales that do not exceed 25 gallons in one transaction;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 12, 1985.
MOTOR VEHICLE SAFETY RESPONSIBILITY ACT -- RECOVERY OF JUDGMENTS; NOTICES OF THE AMOUNT
OF SECURITY REQUIRED.
Code Section 40-9-32 Amended.
No. 766 (House Bill No. 601).
AN ACT
To amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehicles, so as to change the provisions relating to recovery of judgments for damages resulting from accidents; to change the provisions relating to the parties to which the department gives written notice of the amount of security required; to change the provisions relating to such notice; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1648
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehicles, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department, not less than 30 days after receipt of an accident report or notice of an accident, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident that may be recovered against each operator and owner. Such determination shall be made on the basis of the reports or other information submitted."
Section 2. Said Code section is further amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department, upon determining the amount of security required, shall give written notice to each operator and owner of the amount of security required to be deposited by him. Such notice shall state that each operator's and owner's license and vehicle registration shall be suspended on the thirtieth day from the date of mailing of notice unless within that time the required security is deposited and such owner or operator shall give proof of financial responsibility for the future. The license of the one depositing the security will not then be suspended."
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 12, 1985.
GEORGIA LAWS 1985 SESSION
1649
AIRPORTS -- MUNICIPAL LANDS LEASED TO PRIVATE PARTIES.
Code Section 6-3-21 Amended. No. 767 (House Bill No. 632).
AN ACT
To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition and construction of airports and landing fields by counties or municipalities, so as to provide that lands owned by a municipality for the purposes of Code Section 6-3-20, which lands are located inside the territorial limits of the municipality, when leased to private parties are declared to be used for public purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition and construction of airports and landing fields by counties or municipalities, is amended by striking in its entirety Code Section 6-3-21, relating to the acquisition of lands by counties and municipalities for airport purposes to be deemed a public purpose, and inserting in its place a new Code Section 6-3-21 to read as follows:
"6-3-21. Any lands acquired, owned, leased, controlled, or occupied by counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Code Section 6-3-20 shall be and are declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes; provided, however, that with respect to facilities located on such lands, which lands are located outside of the territorial limits of the political subdivision that leases such lands and which are leased to, controlled, or occupied by private parties, the interests created in such private parties, for the purpose of ad valorem taxa-
1650
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion only, are declared not to be used for public, governmental, or municipal purposes and said resulting interests, regardless of the extent of such interest, whether possessory or an estate in land, are subject to ad valorem taxation; provided, further, that the underlying fee interest in such property which remains vested in the county, municipality, or other political subdivision shall be deemed to be used for public, governmental, and municipal purposes. The municipality's interest in lands and the facilities located thereon located inside the territorial limits of a municipality which are owned by that municipality for the purposes enumerated in Code Section 6-3-20, are declared to be used for public, governmental, or municipal purposes and are not subject to ad valorem taxation."
Section 2. This Act shall become effective upon its approval by 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 12, 1985.
WILLS -- PROBATE IN SOLEMN FORM; SERVICE OF NOTICE; JURISDICTION OF PROBATE COURTS.
Code Section 53-3-13 Amended.
Code Sections 53-3-60 and 53-3-61 Enacted.
No. 768 (House Bill No. 735).
AN ACT
To amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that notice of a petition for probate of a will in solemn form shall be served upon the propounders and beneficiaries under another purported will of the testator as to which other probate proceed-
GEORGIA LAWS 1985 SESSION
1651
ings are pending; to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges that a later will is entitled to be admitted to probate or that a codicil to the probated will is entitled to be admitted to probate; to provide for notice of such actions; to provide for the hearing and disposition of such actions; 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 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of wills, is amended by striking Code Section 53-3-13, relating to procedure for probate in solemn form, and inserting in its place a new Code section to read as follows:
"53-3-13. (a) Probate by the witnesses, that is, probate in solemn form, is the proving of the will, after due notice to all the heirs at law and the propounders and beneficiaries under any other purported will of the testator as to which probate proceedings are pending in this state, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator if the witnesses are dead, blind, incompetent, or inaccessible, and the ordering to record of the will so proved; provided, however, that only one witness shall be required to prove the will for probate in solemn form if no caveat is filed. Such probate is conclusive upon all the parties notified and upon all devisees and legatees under the will who are represented in the executor. As to heirs at law not effectively notified, probate in solemn form shall be as conclusive as if probate had been in common form.
(b) The petition to probate a will in solemn form shall be verified by the oath of the applicant and shall set forth the full name, the place of domicile, the legal residence, and the date of the death of the testator; the post office address of the petitioner; the names, ages, and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator; and whether, to the knowledge of the applicant, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses
1652
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the propounders and the names, ages, and addresses of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for the issuance of letters testamentary. If all of the heirs at law are sui juris and acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay.
(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 testimony of any witness upon filing the will or codicil and the affidavit and certificate annexed or attached thereto.
(d) Notice shall be served on propounders and beneficiaries under any other purported will of the testator with respect to which a petition to probate is pending in this state in the same manner as provided by law for service on heirs at law.
(e) For purposes of any provision of this title relating to giving notice to beneficiaries under a purported or probated will, such notice shall be given to those of the following persons named or designated in the will whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence:
(1) Each beneficiary who is designated in the will to receive a present interest or power, other than a mere trust beneficiary, and who in the case of an individual is sui juris;
(2) The duly acting guardian of the property, if any, or, if none, the guardian of the person, if any, or, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and
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(3) Each trustee.
Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous beneficiaries of the same or similar class where the value of each bequest is, or appears to be, nominal.
(f) Upon motion, the court may determine whether the interest of any beneficiary required to be notified under subsection (e) of this Code section is adequately represented, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent such beneficiary."
Section 2. Said chapter is further amended by adding a new Article 3 to read as follows:
"ARTICLE 3
53-3-60. (a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges:
(1) That a later will is entitled to be admitted to probate; or
(2) That a codicil to the probated will is entitled to be admitted to probate.
(b) Any such action shall be combined with a petition to probate in solemn form the later will or codicil. The court shall consider the petition to probate together with the action to vacate, set aside, or modify; and the court shall grant relief as is appropriate with respect to each matter.
53-3-61. (a) The petition under Code Section 53-3-60 shall be verified by oath of the applicant and shall set forth the allegations on which the action is based and the name and address of the then acting executor or administrator with will annexed, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served under subsection (e) of Code Section 53-3-13. The petition shall conclude with a prayer for the issuance of an order
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vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. If the then acting executor or administrator, if any, or, if none, the beneficiaries under the previously probated will are sui juris and acknowledge service of the petition and shall, in their acknowledgement, assent thereto, the relief may thereupon issue without further delay.
(b) The beneficiaries under the previously probated will shall be represented in such action by the then acting executor or administrator with will annexed, if any; and service of notice upon that administrator or executor in the same manner as provided by law for service on heirs at law under Code Section 53-3-14 shall be the equivalent of service upon such beneficiaries.
(c) If there is no then acting executor or administrator with the will annexed, such petition shall be served upon the beneficiaries (as required to be served under subsection (e) of Code Section 53-3-13) of the previously probated will, in the same manner as upon heirs at law under Code Section 53-3-14, unless all such parties assent to the petition."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 12, 1985.
GEORGIA EMINENT SCHOLARS ENDOWMENT TRUST FUND -- CREATED.
Code Section 20-3-82 Enacted. No. 769 (House Bill No. 919).
AN ACT
To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Univer-
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sity System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund; to provide for trustees; to provide for the appropriation, investment, and expenditure of funds; to provide for the endowment of chairs within the University System of Georgia; to provide for practices, procedures, and requirements in connection with the foregoing; to provide for powers and duties of the Board of Regents of the University System of Georgia, officials and employees thereof, and foundations created to provide assistance thereto; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, is amended by adding at the end thereof a new Code Section 20-3-82 to read as follows:
"20-3-82. (a) There is created the Georgia Eminent Scholars Endowment Trust Fund. The Board of Regents of the University System of Georgia shall serve as trustees of such fund. The fund shall be a budget unit for the purpose of appropriations of state funds as provided for in Part 1 of Article 4 of Chapter 12 of Title 45.
(b) The fund created by this Code section is established for the purpose of providing challenge grants to raise funds to be used by units of the University System of Georgia and foundations established to further the work of such units in endowing chairs to attract eminent scholars to join the faculties of units of the University System of Georgia.
(c) The General Assembly is authorized to appropriate state funds, by line item appropriation, to the trust fund established by this Code section. The Board of Regents of the University System of Georgia is authorized to allocate any funds appropriated or available to the University System of Georgia to the trust fund created by this Code section. Any moneys so appropriated or allocated are deemed to be contractually obligated for the purposes specified in this Code section and any funds remaining in the trust fund at the end of any fiscal year shall not lapse.
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(d) The trustees of the Georgia Eminent Scholars Endowment Trust Fund are authorized to make challenge grants to foundations established to further the work of the units of the University System of Georgia. The trustees of the Georgia Eminent Scholars Endowment Trust Fund shall adopt rules, regulations, and standards relative to the award of challenge grants under this Code section. Such rules, regulations, and standards shall include formulas for the awarding of such grants, provided that such formulas shall require foundations to contribute as much as possible but not less than 50 percent and not more than 75 percent of the total amount deemed necessary by the trustees to endow a chair. Such formulas may be revised at any time by the board of trustees so as to maximize the benefits which may result from endowing one or more chairs in any fiscal year and depending on the total funds available to the Georgia Eminent Scholars Endowment Trust Fund. No funds shall be granted to a foundation under this Code section except upon the express written condition that such funds and the earnings thereon be used by the foundation for the purpose of endowing a chair at a unit of the University System of Georgia. Such chairs shall be created by the Board of Regents of the University System of Georgia after considering the existing programs of the system, the necessity for such a chair, and any duplication which the creation of the chair might cause. The amount of funds granted to a foundation under this Code section and the funds raised by the foundation shall be invested and maintained by the foundation and, together with the income therefrom, shall be used as provided in this Code section.
(e) Persons selected to hold such chairs shall be selected under such procedure as may be established by the president of the unit of the University System of Georgia at which the chair is established."
Section 2. All iaws and parts of laws in conflict with this Act are repealed.
Approved April 12, 1985.
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EDUCATION -- QUALITY BASIC EDUCATION ACT. Code Title 20, Chapter 2 Amended. No. 770 (Senate Bill No. 82). AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a quality basic education in every public school in Georgia; to provide for a short title and for the purposes of this article; to state legislative intent concerning the achievement of certain goals; to provide for a state-wide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; to provide for public school personnel certification and other personnel regulations; to provide for the powers and duties of the State Board of Education, the State School Superintendent, and local units of administration; to provide for improved personnel and programs through innovation and incentives; to provide for staff development for personnel of local units of administration; to provide for regional educational service agencies; to provide for planning and evaluation of programs and services of local units of administration and for assessment of student achievement; to provide for middle schools, for capital outlay, and for the needs of small and sparsely populated local units of administration; to provide for a State Board of Postsecondary Vocational Education; to provide for vocational education; to provide for withholding of state funds under certain circumstances; to provide for penalties; to repeal Code Section 20-2-37 of the Official Code of Georgia Annotated, relating to annual reports by superintendents; to repeal Code Section 20-2-38 of the Official Code of Georgia Annotated, relating to reports from local officials; to repeal Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to workshops for county and other boards; to repeal Code Section 20-2-61 of the Official Code of Georgia Annotated, relating to reorganizing schools; to repeal Code Section 20-2-670 of the Official Code of Georgia Annotated, relating to no discrimination; to repeal Code Section 20-2-671 of the Official Code of Georgia
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Annotated, relating to no tuition for certain persons; to repeal Code Section 20-2-720 of the Official Code of Georgia Annotated, relating to attendance reports; to repeal Code Section 20-2-941 of the Official Code of Georgia Annotated, relating to notice of renewal of contracts; to repeal Code Section 20-2-1030 of the Official Code of Georgia Annotated, relating to courses in health and physical education; to repeal Code Section 20-2-1031 of the Official Code of Georgia Annotated, relating to teacher training courses in health and physical education; to repeal Code Section 20-2-1032 of the Official Code of Georgia Annotated, relating to employment of supervisors and special teachers of health and physical education; to provide for enrollment by instructional program and full-time equivalency counts, certification, and applicant testing, state minimum salary schedules, career ladders and other compensation, program grants, and electronic technology plans from July 1, 1985, through July 1, 1986; to provide for all matters relative to the foregoing; to provide for construction; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part I
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety Article 6, known as the "Adequate Program for Education," relating to instructional and supportive services; cooperative educational service agencies; grants to local units for operation of educational programs; district power equalization; capital outlay funds; program standards, assessments, and improvements; powers and duties of the State Board of Education, State School Superintendent, and local units of administration; and other related matters, and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6 Part 1
20-2-130. This article shall be known and may be cited as the 'Quality Basic Education Act.'
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20-2-131. The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen;
(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;
(3) Providing a financed public education structure which ensures that every student has an opportunity for a quality basic education, no matter where he lives, and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student may have access to a quality program;
(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;
(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
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(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and
(10) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society
does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin.
20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage of students who enter high school but do not graduate;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and
(6) An increase in the number of students mastering each skill in reading, mathematics, or other subject test areas.
Part 2
20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior
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to completion of his public school education. The State Board of Education shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and his parents, to master. Based upon these foregoing competencies, the State Board of Education shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. All local units of administration shall include this uniformly sequenced core curriculum as the basis for their own curriculum; although they may expand and enrich this curriculum to the extent they deem necessary and appropriate for their students and their community.
20-2-141. The State Board of Education shall establish on a quadrennial basis a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the State Board of Education shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens and shall report such proposed changes to local school systems and the General Assembly for review.
20-2-142. (a) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:
(1) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the course in governments provided for by this subsection; and
(2) A course of study in the history of the United States and in the history of Georgia and in the essentials
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of the United States and Georgia Constitutions, including the study of American institutions and ideals. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection.
(b) (1) The State Board of Education and the commissioner of public safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The State Board of Education and the commissioner of public safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of public safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to persons over 13 years of age in the manner prescribed by the State Board of Education.
(2) All secondary schools which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection.
(3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.
(4) The Department of Public Safety shall issue a certificate of completion to each person completing the alcohol and drug course.
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(5) The completion of the alcohol and drug course provided in paragraph (1) of this subsection shall not serve as an additional method for the restoration of the licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public school system and shall establish standards for its administration. The course may include instruction concerning the impact of alcohol, smoking, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
Part 3
20-2-150. (a) Except as otherwise provided by subsection (b) of this Code section, all children who have attained the age of five years by September 1 and all youth who have not yet received a high school diploma or its equivalent shall be eligible for enrollment in the appropriate general and special education programs authorized in this part including students who are married or unmarried, parents, or pregnant; provided, however, unless otherwise provided by law, the State Board of Education shall have authority to determine the eligibility of students for enrollment in kindergarten, grades one through 12, and adult education programs of general, basic, and vocational education. Each local unit of administration shall have the authority to assign students who are married or unmarried, pregnant, or parents, or a combination thereof, to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program.
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These programs may include instruction in prenatal care and child care. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual.
(b) 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 kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified.
(c) All children enrolled in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age.
20-2-151. (a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum.
(b) The following general and career education programs are for purposes of funding under this article authorized:
(1) (A) All local school systems shall offer a fullday kindergarten program, beginning school year 1987-88. All kindergarten programs in which students are enrolled on a full-day basis shall be funded under this article on a full-day basis. Until fiscal year 1988, local school systems enrolling students on a half-day basis will be funded at one-half the funding rate for full-day programs;
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(B) For purposes of this Code section, the term 'full-day basis' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year. For purposes of this Code section, the term 'half-day basis' means a student is provided classroom instruction of two and onehalf hours or more but less than four and one-half hours daily for a 180 day school year; and
(C) To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150.
(2) (A) It is the policy of the state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three; and
(B) It is the policy of the state that the purpose of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational career. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must obtain the age of six by September H except as otherwise provided by subsection (b) of Code Section 20-2-150 and beginning in school year 1988-1989 must have achieved the state board established criterion score or scores on the school readiness assessment pursuant to Code Section 20-2-281. Such readiness assessment shall be provided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; provided, however, the readiness assessment of children may also be conducted during the
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last 30 days of the school year if the state board so directs. If a student does not achieve the state board criterion score or scores on a second annual assessment, the student shall be referred for consideration of special education services or special instructional assistance in accordance with State Board of Education regulations and procedures. Said student shall then be placed in the appropriate first-grade program. No student shall remain in a kindergarten program for more than two years.
(3) It is the policy of this state that the primary purposes for the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting the students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight.
(4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career field as well as to prepare them to take their place in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purpose of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory classes;
(ii) The nonvocational high school laboratory program; and
(iii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment
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needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the high school and vocational laboratory programs shall be funded at a higher level than the high school general education program. The State Board of Education shall adopt criteria which courses must meet in order to qualify for either the high school or the vocational laboratory programs.
20-2-152. (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children, ages zero through four years, whose handicapping condition is so severe as to necessitate early education intervention may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational centers program, or through programs financed with local or federal funds. Such children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. This shall include children who are intellectually gifted, mentally handicapped, behavior disordered, hospitalized or home bound, handicapped by a specific learning disability, orthopedically handicapped, autistic, hearing impaired, speech impaired, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a statewide basis, both for students to be served in a self-contained setting and those who can be served effectively in the regular classroom by itinerant personnel. The student-teacher ratio for each classified exceptionality shall remain as those used in determining the approved program weights as set forth in subsection (b) of Code Section 20-2-161, unless otherwise approved by the Governor and the General Assembly.
(b) Local school systems shall, subject to any limitations specified in this Code section, provide special education pro-
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grams for all eligible students with special needs who are residents of their school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems, regional educational service agencies, or other qualified public or private institutions for such services.
(c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special educational programs for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The State Board of Education may provide such educational services with funds specifically approved by the General Assembly for this purpose by:
(A) Providing grants directly to regional educational service agencies for provision of services;
(B) Authorizing local units of administration to contract with or make grants to suitable private or public institutions, or with both public and private institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, speech therapists, and occupational therapists who meet the certification or licensing standards of their profession in the state in which the institution is located;
(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services;
(D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or
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(E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly.
(2) The State Board of Education may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection.
(d) (1) The following special education programs for purposes of funding under this article are authorized for the public schools of this state:
(A) Program for the resourced mildly handicapped;
(B) Program for the resourced moderately handicapped;
(C) Program for the self-contained moderately handicapped;
(D) Program for the self-contained severely handicapped; and
(E) Program for the gifted students.
(2) For the purposes of this subsection, the term 'self-contained' means the student is instructed by an appropriately certificated special education teacher for half or more of the school day. For the purposes of this subsection, the term 'resourced' means the student is instructed by an appropriately certificated special education teacher for less than half of the school day.
(3) The State Board of Education shall adopt criteria which shall be used to determine the eligibility of a stu-
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dent for a state funded special education program. The student-teacher ratio for each special education program shall remain as those used in determining the approved program weights as set forth in subsection (b) of Code Section 20-2-161, unless otherwise approved by the Governor and the General Assembly. The State Board of Education shall declare to the General Assembly prior to the fiscal year 1987 appropriations consideration, and annually thereafter, the pupil-teacher ratio for each special education program and shall request any subsequent changes in such ratios which affect cost to the General Assembly or to the local system.
20-2-153. The state board shall create a special instructional assistance program for the purpose of assisting students who have identified developmental deficiencies which will result in problems in maintaining a level of performance consistent with the expectations for their respective ages. Only students enrolled in grades kindergarten through five who have documented developmental levels below expectations for their respective ages that are not attributable to a discernible handicapping condition and who are not enrolled in either the remedial compensatory education program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical handicaps whose special education services consist solely of therapy related to the physical handicap shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The State Board of Education shall specify the instruments and process which shall be used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the State Board of Education. Each local school system shall annually report by grade level the number of eligible students, the types of services provided, and the average achievement of students served. The State Board of Education shall request funds for the special in-
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structional assistance program for fiscal year 1988 and annually thereafter. The state board shall base grants, subject to appropriation by the General Assembly for this purpose, to local school systems upon the documented number of students needing such services. Funds, if any, appropriated for this program shall be adjusted in a manner which directs funds toward addressing the needs of the youngest eligible students in each local school system.
20-2-154. The State Board of Education shall create a remedial education program. Only students in grades two through five who are achieving one-half year or more below grade level, or its equivalent, in reading or mathematics as documented by a state board approved standardized achievement test, students in grades two through five who are achieving at or below the twenty-fifth percentile in reading or math, as documented by a nationally standardized norm-referenced test by grade level, ninth grade students who are achieving at one year or more below grade level, or its equivalent, in reading or mathematics as documented by a state board approved standardized achievement test, and students in grades ten through 12 who have not passed the mathematics or the reading section of the state's basic skills test shall be eligible for the remedial education program. Students who are participating in a special instructional assistance program as authorized by Code Section 202-153 shall not be eligible for the remedial education program. Students with mental or physical handicapping conditions, or both, who are receiving remedial instruction as a part of their special education program shall not be eligible for the remedial education program pursuant to this Code section; provided, however, that students with mental or physical handicapping conditions, or both, whose special education services consist solely of therapy related to their handicapping conditions shall be eligible for the remedial education program if they otherwise meet the criteria of this Code section. Students in grades two through five shall only receive instruction at any given time at their current performance level or slightly above such level in these subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring
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mastery as the student progresses. Each local unit of administration shall submit to the state board by July 1 of each year the average achievement scores of all students by subject area and grade level who were receiving instructional services under the provisions of this Code section. If appropriate evaluation data is not received by the State Board of Education by the above date, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld. The State Board of Education shall monitor each local school system's remedial education program at least once each year. The State Board of Education shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program provided under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same school system.
20-2-155. (a) The State Board of Education shall establish a state-wide School Climate Management Program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The State Board of Education shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually
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presented to the General Assembly for review in determining future appropriation under this Code section.
(b) The state board is authorized to create an in-school suspension program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school suspension programs, rather than suspending or expelling such students from school. Therefore, the primary purposes of the in-school program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The inschool programs may be housed in the regular assigned schools, special schools specifically organized for suspension programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The State Board of Education shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. The State Board of Education shall also grant local school systems sufficient funds based upon documented needs to operate in-school suspension programs.
20-2-156. The State Board of Education shall create a program for limited English-speaking students. The purpose of this program is to assist students who have limited fluency in the English language develop fluency in the English language. The state board shall grant those funds approved for this purpose by the General Assembly to local school systems based upon documented needs to operate the programs. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section.
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Part 4
20-2-160. (a) At three different times during the school year, preferably late fall, early winter, and late winter, as designated by the State Board of Education, the enrollment by instructional program as authorized under this article for each student shall be reported to the Department of Education. This enrollment report shall indicate the student's specific assigned program for each one-sixth of the school day on the designated reporting date. No program shall be indicated for a student for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver's education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis, a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is prepared and retained, or any other course or activity so designated by the State Board of Education. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the State Board of Education under Code Section 20-2-140. Nor shall a program be indicated for a student for one or more sixths of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is charged either tuition or fees as a condition of enrollment or full participation in the instructional program; provided, however, that a student who resides outside the school system may be included in the count for a program for which tuition and fees, or a combination thereof, do not exceed the average locally financed per student cost for the preceding school year, excluding the local fair share funds required pursuant to Code Section 20-2-164. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that
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portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school at least one-half of the school day and that the student's postsecondary program is approved by the high school principal or his designee. The State Board of Education shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The State Board of Education shall also establish criteria under which a student shall be counted as a resident or a nonresident student including specific circumstances which may include, but not be limited to, students attending another school system under court order or under the terms of a contract between two school systems. If a local school system has a justifiable reason, it may seek authority from the State Board of Education to shift the FTE counts from the designated date to a requested alternate date.
(b) The sum of each school system's one-sixth day counts for each state recognized program shall constitute the fulltime equivalent (FTE) program count for the system. The average of each system's most recent three full-time equivalent program counts shall be the FTE count used to compute the funds needed to finance the program for the ensuing year.
20-2-161. (a) The instructional programs for grades four through eight are declared to be the base program against which the cost of all other instructional programs shall be compared. The General Assembly shall annually establish through the General Appropriations Act the amount of funds needed by each full-time equivalent student in order that the base program can be sufficiently funded to provide quality basic education to all enrolled students. This amount of funds shall be known as the 'base amount' and shall reflect program components reflected in the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186 and 20-2-251.
(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of the students enrolled, it shall be the policy of this state that state author-
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ized instructional programs shall have the following program weights:
(1) Kindergarten program
1.329
(2) Primary grades program (1-3)
1.237
(3) Middle grades program (4-8)
1.000
(4) High school general education program (9-12)
0.996
(5) High school nonvocational laboratory program (9-12)
1.295
(6) Vocational laboratory program (9-12)
1.322
(7) Program for the resourced mildly handicapped
2.139
(8) Program for the resourced moderately handicapped
2.486
(9) Program for the self-contained moderately handicapped
3.018
(10) Program for the self-contained severely handicapped
3.897
(11) Program for the gifted students
1.430
(12) Remedial education program
1.314
(c) There shall be calculated annually the total funds needed for a Quality Basic Education Program for each local school system. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:
(1) Multiply the average Full-Time Equivalent (FTE) program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section;
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(2) Multiply the product computed in paragraph (1) of this subsection by the Base Amount as established in the Geperal Appropriations Act; and
(3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the said instructional program in accordance with subsection (d) of this Code section.
(d) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the Base Amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212 and the responsibility supplement pursuant to Code Section 20-2-214. The calculation of such additional amount shall be based on the qualified personnel who were employed by the local school system as of a state board specified date during the current fiscal year. Such additional amount shall be known as 'program adjustment amount for training and experience.'
(e) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes deemed to be needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, and the Governor's office and representatives of local school systems. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education formula.'
20-2-162. The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the current fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local system when recalculated is greater than the initial amount calculated, then the state board shall
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increase the total allotment for said system by the difference between the recalculation and the initial calculation. The total amount of increased funding required by the midterm adjustment shall be requested of the General Assembly and shall demonstrate for each receiving system the average FTE count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to said school system shall not be reduced for the current school year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program by the state board specified dates shall not be eligible for recalculation of their current year allotment.
20-2-163. (a) If any local school system prior to January 1, 1985, has entered into a contract with an adjoining local school system to educate all of its students in one or more grade levels and if such contract stipulates that an amount of local revenue be transferred between the local school systems for the purpose of providing financial support for the education of the transferred students, the state shall provide a grant to the local school system in which the students reside which shall not exceed the amount of funds transferred pursuant to said contract in effect during fiscal year 1985. This grant shall commence in the fiscal year 1987 school year or in any other year during which Code Sections 20-2-164 and 20-2-165 are implemented and shall continue in ensuing years for the duration of the contract period as specified in the contract on January 1, 1985. However, if the terms of the contract provide for a lesser amount to be transferred in fiscal year 1987 or in any ensuing year than was transferred in fiscal year 1985, the amount of the state grant shall be reduced to correspond with the amount actually transferred during the same fiscal year that the grant is distributed.
03) If any local school system is receiving local revenue from an adjoining local school system under the terms of a contract as specified in subsection (a) of this Code section, the state shall reduce any equalization funds earned pursuant to Code Section 20-2-165 by the local school system
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which is receiving the transferred local revenue. The equalization grant shall be reduced by an amount equal to the grant which the adjoining local system receives pursuant to subsection (a) of this Code section. However, if the amount of local revenue transferred from the sending local school system is greater than the equalization grant earned by the receiving local school system in that year, the reduction in funds granted to the receiving local school system shall not exceed the amount of the equalization grant to which said system would otherwise have been qualified.
20-2-164. (a) The State Board of Education shall calculate the amount of local fair share funds the local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply the most recent equalized adjusted school property tax digest for the school system by .4;
(2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsection by .004 for fiscal year 1987 and by .005 for fiscal year 1988 and thereafter.
(b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under this article; provided, however, that no portion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local share.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The local school system may apply revenues toward the local fair share from any source except funds derived from the federal government which were not designed to replace local tax revenues, the state, student tuition and fees, and the transfer of funds from another local unit of administration.
(c) (1) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5274.
(2) Except as provided in paragraph (3) of this subsection, the sums of the most recent equalized adjusted school property tax digests, as shown on the state auditor's ratio study reports, which are due on November 15 immediately preceding the beginning of a school year, shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year.
(3) For a local school system whose most recent actual property tax digest approved by the Department of Revenue is at least 5 percent less than the actual property tax digest approved by the Department of Revenue for the same year as the equalized adjusted school property tax digest furnished by the state auditor and such reduction is due to more accurate assessments or actual loss in tangible property, or a combination of these two factors as determined by the Department of Revenue, the product of the equalized adjusted school property tax digest furnished by the state auditor multiplied by the ratio that the most recent actual property tax digest approved by the Department of Revenue bears to the actual property tax digest approved by the Department of Revenue for the same year as the equalized adjusted school property tax digest shall be used to make the calculations required in subsection (a) of this Code section for said system.
(d) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:
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(1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52;
(2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; and
(3) The amount of tax revenues by source which have been distributed by said local government to local school systems for school maintenance and operation. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue.
(e) The Department of Revenue shall annually furnish the State Board of Education with the following data for each local school system by November 15:
(1) All tax revenues by source for the preceding fiscal year which were distributed for school maintenance and operation; provided, however, such tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems;
(2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year; and
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year.
(f) The Office of Planning and Budget shall annually furnish the State Board of Education with the estimated number of individuals age 65 or older residing in each local
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GENERAL ACTS AND RESOLUTIONS, VOL. I
school system and the estimated percent that such individuals are of total population for each local school system. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimating this percent.
(g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest shall be reduced by the sum of the following products:
(1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52 multiplied by the amount per exemption authorized under that Code section;
(2) The product of the number of constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 granted for that year multiplied by the amount per exemption authorized under that Code section;
(3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000; and
(4) The product which results from the following calculations:
(A) Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institutional population, during the year from the respective percentage for the said local school system. If the respective percentage for the local school system is less than the state-wide percentage, a difference of zero will be used in the calculations in this paragraph;
(B) Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and
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(C) Multiply the product which results from subparagraph (B) of this paragraph by this estimated number of persons age 65 or older residing in the local school system during that year.
(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of the Quality Basic Education Program as defined by this article during any fiscal year, the state board shall calculate the total amount of such funds which was not raised or used in support of such programs and add that amount to the local fair share being required of the local school system for the next ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the State Board of Education shall add said amount to the local fair share of the local school system for the next ensuing year if the board has not been provided documentation that the said amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If the State Board of Education deems it unlikely that any local school system will fulfill its obligation relative to its assessed local fair share or any other provisions of this article for any fiscal year, the State Board of Education may withhold any portion or all of the state funds to be allotted during the fiscal year.
20-2-165. (a) As used in this Code section, the term:
(1) 'Assessed valuation' means 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted FTE' means the assessed valuation for the most recent year available divided by the average weighted FTE count for the year of the digest.
(3) 'Effective millage rate' means local tax revenues divided by the assessed valuation multiplied by 1,000.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) 'Eligible full-time equivalent program count' means the sum of the full-time equivalent resident student count and FTE nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program which has a program weight authorized pursuant to subsection (b) of Code Section 20-1-161; provided, however, that each full-time nonresident student count for each program shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year.
(5) 'Equalized adjusted school property tax digest' means the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to subsection (d) of Code Section 20-2-164.
(6) 'Guaranteed valuation school system' means the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted FTE.
(7) 'Local tax revenues' means the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, plus any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
(8) 'Most recent average weighted FTE count' means the average of the three most recent weighted FTE counts, except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986.
(9) 'Qualified local school system' means any local school system having an assessed valuation per weighted
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FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164.
(10) 'Weighted FTE count' means the sum of all eligible full-time equivalent program counts multiplied by their respective program weights, in effect during the fiscal year that the FTE counts were obtained pursuant to Code Section 20-2-161.
(11) 'Weighted FTE for the year of the digest' means the average of the three weighted FTE counts taken during that fiscal year beginning during the year of the digest; except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986 multiplied by the ratio that the annual average daily membership for fiscal year 1985 is to the average of all eligible FTE counts for fiscal year 1986.
(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted FTE for the said system from the assessed valuation per weighted FTE for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;
(3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for said school system and select the resulting number of effective mills or three effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted FTE count for the said local school system; and
(6) The resulting amount shall be the equalization grant for the ensuing fiscal year. However, if a local school system has an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and has less than three effective mills to be equalized pursuant to paragraph (3) of this subsection and if the actual property tax millage levied by the local school system for maintenance and operation in 1985 exceeds the actual property tax millage rate levied by the local school system for maintenance and operation in 1984, the effective millage calculated pursuant to paragraph (3) of this subsection for the purpose of determining equalization grants for fiscal year 1987 only shall be increased by the ratio that the 1984 actual property tax millage is to the 1985 actual property tax millage, except that such increase shall not cause the effective mills to be equalized to exceed three mills.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the State Board of Education to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the State Board of Education shall proportionately reduce the amount of funds to be allocated to qualified local school systems. The State Board of Education is authorized and directed to adopt and promulgate such rules and regulations as the State Board of Education deems necessary or desirable to implement and carry out the intent of this Code section.
20-2-166. (a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by:
GEORGIA LAWS 1985 SESSION
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(1) Adding the amount needed by the said local school system for categorical and incentive grants authorized under the provisions of this article to the amount needed by the said local school system for the instructional programs funded under the Quality Basic Education formula pursuant to subsection (c) of Code Section 20-2-161;
(2) Subtracting the amount of funds required by the said local school system for the local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and
(3) Adding, if the said local system qualifies, the equalization grant pursuant to subsection (c) of Code Section 20-2-165 to the difference in subsection (b) of this Code section, the resulting amount of funds being the amount of state funds which the State Board of Education shall allot over the course of the fiscal year to the said local school system, except that the amount of state funds allotted may be increased by the midyear adjustment as provided in Code Section 20-2-162. The State Board of Education shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided for by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article.
0)) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units under this article and budgets approved by the state board. In determining the time and manner for distribution of state funds, the state board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and the state board is authorized to provide for distribution of state funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds, provided state funds appropriated for such purposes are available at such times. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board.
20-2-167. (a) The State Board of Education shall annually compute for each local school system the total funds needed for the categories of direct instructional costs for each program identified in Code Section 20-2-162, the total funds needed system wide for media center costs, and the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the State Board of Education shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for each instructional program for handicapped students shall be summed into one amount for special education. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on such program, except as modified in this subsection. Each local school system shall spend a minimum of 90 percent of the total system-wide funds designated for each of the media and staff development categories in the category for which the funds were earned. In the event any local school system should fail to encumber at least 90 percent of such funds as intended, the state board shall increase the local fair share for an ensuing year by the difference between the actual amount encumbered and the 90 percent amount for each underexpenditure. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional materials, or any other appropriate instructional expense.
03) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the comprehensive information re-
GEORGIA LAWS 1985 SESSION
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trieval system and shall establish uniform regulations to be implemented by local units of administration. For those systems which have inadequate telephone service to participate in this computerized system, the state board shall design a retrieval system to receive the budget and accounting information within acceptable time limitations for planning, accountability, funding, and reporting purposes. The computerized uniform budget and accounting system shall conform to the generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, or staff development.
(2) The State Board of Education is authorized to prescribe information that must be submitted to the board and the time it must be submitted. The board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local boards and assisting local units of administration in training personnel in financial and budgetary accounting.
(c) The State Board of Education is authorized to prescribe a date by which each local unit must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit
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GENERAL ACTS AND RESOLUTIONS, VOL. I
a copy to the state board and to the respective local unit. The state board shall either accept or reject the budget of a local unit.
(d) The standards set forth in this article as such minimum requirements for funds shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifically so provided in this article.
20-2-168. (a) All federal funds received by the State Board of Education for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in defraying the cost involved in establishing and operating approved programs subject to such rules and regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable.
(b) Admission to the instructional programs funded under this article and located in the public elementary and secondary schools of the state shall be free to all eligible children and youths enrolled in such programs, except as provided for in Code Section 20- 2-160.
(c) (1) Except as otherwise provided in this subsection, public elementary and secondary schools of this state receiving state aid under this article shall be operated so as to provide that each eligible student has access to no less than 180 school days of education each fiscal year. The State Board of Education shall define the 180 days of education and the length of the school day within each fiscal school year.
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(2) In the event that at the end of the last complete week of the school year two or fewer days remain for completion of the regular 180 day school year, a local board of education is not required to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day of the last complete week of the school year otherwise provided for in this subsection. Nothing in this paragraph shall be construed to relieve certified personnel from their obligations to work the number of days specified in their employment contracts.
(3) Each fiscal school year shall begin on July 1 and end on June 30 of the following year.
(4) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of disaster, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state, it being the intent of this subsection to allow the continuation of public school education in this state under the unusual conditions described.
(d) The board of education of any local unit of administration may provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including the continuation of one or more instructional programs provided for in Part 3 of this
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article, enrichment of prescribed school programs, accelerated school programs, special programs of education enumerated or coming within the scope of this article, and such other education programs as may be approved by the State Board of Education; provided, however, that all such programs shall meet and be offered in accordance with such standards, requirements, and criteria as may be prescribed by the state board. Teachers and other professional school personnel employed full time or part time during such period shall be paid additional salary based on the state minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless the General Assembly authorizes funds for this purpose. The state board is authorized, to the extent that funds may be available for this purpose as authorized by the General Assembly, to allot additional state funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional state funds may be allotted local units in support of any one or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs.
(e) (1) It is declared to be a policy of this state that every effort is to be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels, or equivalent age levels, for any instructional program as provided for in Part 3 of this article which meets the following criteria:
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(A) That the operation of the program is for 220 official attendance days or more constituting four quarters or any plan for year-round operation approved by the state board;
(B) That for a student's first 165 or more days constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuition-free basis; and
(C) That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board.
(2) The allotment of funds to a local school system under the Quality Basic Education formula pursuant to Code Section 20-2-161 and for categorical grants pursuant to Code Section 20-2-164 for any portion of a program of such local school system which is certified by the state board as being operated on a year-round basis under this subsection shall be funded in accordance with the following procedure: add to the average full-time equivalent (FTE) counts for said programs computed pursuant to Code Section 20-2-160 and as is adjusted midyear pursuant to Code Section 20-2-162 the FTE count divided by three for all students who were enrolled not less than 90 official calendar days during the fiscal year in the said program, but who were not enrolled in any instructional program and thereby were not counted in an FTE on one of the three state board designated dates for enrollment count pursuant to Code Section 20-2-160.
(3) The state board shall have the authority to prescribe requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection; provided, however, that, upon implementation of this Code section on a state-wide basis or in any particular local school system, state funds shall be made available to all local school systems or to the particular local school system as the case may be, for such purpose on
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the same basis and at the same ratio at which state funds were made available to the local school system in support of the calculated cost of providing a Quality Basic Education Program in a local school system as provided under this article for students enrolled for 180 official attendance days during a fiscal year.
(f) (1) The State Board of Education, from time to time, through study and after consultation with the director of the Purchasing and Supplies Division of the Department of Administrative Services, representatives of local units of administration, and with such others as the state board may deem it advisable to consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State School Superintendent and the Department of Administrative Services on standard items of school equipment, supplies, or services or other standard expenses, to be designated by the state board, ordinarily needed, procured, or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the state board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement of the local unit for such standard items to the state board and the requested time for future delivery of such items. The state board shall compile such requirements and submit a compilation of them to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Services for the purpose of advertising for bids for a uniform state price on such items.
(2) The Department of Administrative Services shall advertise for bids for supply of such items in the
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same manner followed for state purchases; provided, however, that the Department of Administrative Services shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process them in the same manner followed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board. The state board shall promptly forward such information to all local units of administration.
(3) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid therefor to the local unit, whether or not the bid price of such vendor is greater or less than the state-bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the statebid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess cost paid for such items by the local unit, provided, further, that, beginning January 1, 1987, local units of administration shall implement textbook adoptions from textbook listings prescribed by the State Board of Education pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the State Board of Education, and said local units of administration shall provide textbooks to each student enrolled in a course of study that requires textbooks. The state board shall prescribe regulations necessary for
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implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and expenses, as may be designated by the state board, whether or not state-bid prices are obtained on such items.
Part 5
20-2-180. (a) The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Education formula pursuant to Code Section 20-2-161. However, local school systems shall have discretion in the use of the funds provided such use meets the requirements of this article and Code Section 20-2-411. Although the essential educational resources described in this part may serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems shall expend such funds as deemed appropriate and necessary to provide the most effective instructional programs needed by enrolled students as possible, except as otherwise limited by the provisions of this article and by rules, regulations, and standards promulgated by the State Board of Education.
20-2-181. The program weights shall reflect school-wide and system-wide costs which are based upon such elementary, middle, and high school sizes and school system size in terms of FTE counts as to ensure efficient as well as effective provision of all essential and necessary school-wide and system-wide educational services.
20-2-182. (a) The program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay at least the beginning salary of all teachers needed to provide essential and necessary classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students. Further, the program weights for the high school programs pursuant to subsection (d) of Code Section 20-2-151 shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide teachers with a preparation period free of assigned students.
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(b) The program weights for the kindergarten program, the primary grades program, the remedial compensatory education program, and for all four programs for handicapped students shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide instructional aides to assist teachers. Further, the base amount and program weight for the middle grades program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, provided such funds have been appropriated by the General Assembly for this purpose.
(c) The program weights for the primary and middle grades programs shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay at least the beginning salary of specialists qualified for teaching art, music, and physical education to students.
(d) The program weights for the high school programs pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151 shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries for guidance counselors needed to provide essential and necessary guidance services. Further, the said program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide for the development and supervision of an extended day program during the regular school year or an extended year program, or both, for students assigned to work experience placements and participating in farm and home projects for which they are receiving credit toward high school graduation.
(e) The program weights for the high school nonvocational laboratory program and the vocational laboratory program shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries of laboratory supervisors, respectively, in each program.
(f) All program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the cost of sick and personal leave for teach-
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ers, the employer's portion of costs for retirement and health insurance programs authorized under this Code, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, the cost of travel required of personnel in order to deliver educational services to the enrolled students, and the cost of professional development sufficient to allow certified personnel to participate in approved professional development activities every five years. Such activities shall be in accordance with the annual local staff development plan pursuant to Code Section 20-2-253.
(g) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 2 of this article the maximum number of students which may be taught by a teacher in an instructional period. The number of students taught by a teacher at any time may not exceed such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. Nor shall the State Board of Education reduce the student-teacher ratio without the direct authorization of the General Assembly, if such added cost for facilities, personnel, and other program needs are to be included in calculations for state funds. Local boards of education may reduce ratios, build additional facilities, and provide other such resources at local cost if such is in the best interest of the local system's program as determined by the local board of education. The State Board of Education shall present to the General Assembly the student-teacher ratio approved for each program which shall be used in cost calculations for fiscal year 1987 and thereafter.
20-2-183. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to provide for the maintenance and operation of facilities essential and necessary for housing such instructional programs and essential supportive educational services.
20-2-184. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for
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this purpose to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equipment, excluding computer hardware and software, as is necessary and essential to support instructional programs authorized under Part 3.
20-2-185. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries necessary and essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in said school.
20-2-186. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of a superintendent, assistant superintendents, and a school visiting teacher as well as the salaries of secretaries and an accountant necessary and essential for the efficient and effective management of all instructional and supportive educational programs of a base size school system pursuant to Code Section 20-2-181 and to provide for the costs of operating such an administrative office in said school system. Further, the program weights for all special education programs pursuant to Code Section 20-2-152 shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of special education leadership personnel and school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size school system.
20-2-187. (a) (1) The State Board of Education shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of:
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(A) Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines;
(B) State supplements to the salaries paid such personnel by local units of administration; and
(C) State incentive pay for satisfactory completion of such training programs.
(2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for said payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying children and of maximizing participation and quality meals for all children.
(b) The state board is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, for the reimbursement of costs to local units of administration for costs directly associated with this program. There shall be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which shall be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
(c) (1) The State Board of Education shall establish a system of allotment of funds to local units of administration in order to provide for services rendered on a ten-month basis by school food and nutrition personnel.
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The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, times an annual base payment. The local unit of administration will determine the salary schedule and personnel policies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administration shall earn the base payment in addition to an amount not to exceed $100.00 per month.
(2) The base payment shall be calculated on the basis of an annual number of hours (190 days times eight hours) for a full-time equivalent school lunch position, times an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The State Board of Education shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year.
(3) The local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments to help finance the locally established salary schedule.
20-2-188. (a) The amount of funds needed by a county, area school, or independent school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon circumstances prevailing in the several local units of admini-
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stration which affect, in varying ways, the cost of pupil transportation authorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to and from public schools, including costs for transportation for handicapped children who must travel across county lines or away from their own school district within the state. It is further provided that the costs of the regular pupil transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructional laboratories, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Code section, the state board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules therefor; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting pupils in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other facts and circumstances as the state board may find to be relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section.
(b) The state board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers
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of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $350.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers.
(c) If and to the extent that the state board obtains a state-bid price under subsection (f) of Code Section 20-2-168 on any standard item of equipment, supply, or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense.
(d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating that portion of the expense of pupil transportation associated with transporting pupils from home to school and from school to home as authorized under subsection (a) of this Code section, provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any pupil who resides within such mileage limitation shall not
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be eligible to be counted for school transportation state-aid purposes, with the exception of handicapped students being transported to special programs.
(e) The state board is authorized to establish minimum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subsection (a) of this Code section, and is authorized to establish minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles; and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifications, standards, requirements, and qualifications; provided, however, that the state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses.
(f) The state shall have the authority to allot funds for the transportation of all school age children residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland.
(g) The state board shall adopt policies, procedures, regulations, and other such requirements for the transportation and for the payment of all transportation costs, as described, defined, and authorized in subsections (a) through (e) of this Code section, for all the children with special needs identified by the various local units of administration; further, the state board shall allot funds to local units of administration for transportation costs for those children authorized by such local units of administration to attend schools and programs of other local units of administration or when deemed necessary for adequate educational services.
(h) The state board is further directed and authorized to adopt policies and regulations relative to the use of minibuses for the transportation of students with special needs.
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(i) Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of pupil transportation shall be paid to an independent school system only when such funds are requested by the board of education of such independent school system. The funds for the expenses of pupil transportation shall be requested by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for pupil transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this Code section or any other provision of this article shall be construed to require the board of education of any independent school system to furnish pupil transportation services within such school system.
(j) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The state board shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.
Part 6 Subpart 1
20-2-200. (a) The State Board of Education shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they shall hold a certificate issued by the state board certifying as to their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifications of other certificated professional personnel as the state board may find reasonably necessary or desirable in the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience and competency of such
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personnel. The state board is authorized to provide for revoking or denying certificates for good cause after an investigation is held and notice and hearings are provided the certificate holder. The state board shall define the term 'certificated professional personnel,' as used in this article, and shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' means county or regional librarians and all other professional personnel certificated by the State Board of Education.
(b) The State Board of Education shall require each applicant for a renewable certificate to have obtained satisfactory scores on a test battery which assesses the applicant's specific subject matter or other appropriate professional knowledge essential to performing effectively in the applicant's field of certification prior to being granted a renewable certificate. In addition to the subject matter test, the state board shall be authorized to require each such applicant to have demonstrated satisfactory proficiency in oral and written communication skills prior to being granted a renewable certificate. Further, the state board shall be authorized to require each such applicant to have demonstrated satisfactory on-the-job performance in the applicant's field of certification prior to being granted a renewable certificate. The state board shall be authorized to require each applicant seeking an initial renewable certificate to have obtained a satisfactory score on a test which assesses the applicant's broad general knowledge. Each such applicant shall be provided at least three opportunities to demonstrate satisfactory scores, proficiency, and on-the-job performance, and all such applicants currently employed by a local school system in Georgia who initially do not pass any such tests or assessments shall be provided staff development assistance in areas of deficiencies identified as the result of such testing or assessments. Applicants seeking an initial renewable certificate must pass the test in order to be granted an initial renewable certificate. The achievement of said passing scores on designated tests and on-the-job performance assessments for beginning teachers, out-of-state teachers, and experienced teachers renewing a certificate, excluding life-certifi-
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cated teachers, respectively, must demonstrate said scores for purposes of certification only once for a certification level and field. All applicants for certificate renewal in a teaching field during fiscal year 1987 shall be given a one-year extension to their existing renewable certificate.
(c) The State Board of Education shall have the authority to grant renewable certificates at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field which has been declared by the state board to be a critical shortage field;
(2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification;
(3) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and
(4) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.
(d) The State Board of Education shall have the authority to grant renewable certificates at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a master's degree in education in a teaching field from a college or university program recognized or approved by the state board;
(2) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and
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(3) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.
(e) The State Board of Education may grant provisional or probationary certification to an applicant for such certification only after the endorsing local unit of administration certifies that the local unit has made an effort to recruit fully certified individuals, including announcing in writing the available position or positions to appropriate preparatory institutions in its region of the state and to the Department of Education at least three months in advance of the date of need. Announcements for such certified individuals shall be advertised in the legal organ of the county in which the school system is located. If the position has been available for three months or less and said applicant meets all other provisions of law and state board policy, the state board may grant provisional or probationary certification to such applicant.
20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2200 shall have satisfactorily completed a course of five or more quarter hours, approved by the state board, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed to assist teachers, principals, and guidance counselors in the identification and education of children who have special educational needs, provided such staff development program shall have received prior approval of the state board. As used in this subsection, 'children who have special educational needs' means such children as defined by Code Section 20-2-152. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until
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their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and in-step raises.
(b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated and correlated into the total lifestyle of an individual.
20-2-202. All teachers and other professional personnel who hold or have held life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. Further, the assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200 are not required of such holders of life certificates; although they may voluntarily submit for such assessments in order to qualify for other provisions as set forth in this article or by state board policy and regulations.
20-2-203. Except for a life certificate pursuant to Code Section 20-2-202, all renewable certificates granted by the State Board of Education shall have a validity period of five years.
20-2-204. (a) As used in this Code section, the term:
(1) 'Aide' means a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. Aides who work as instructional aides shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma.
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(2) 'Licensed personnel' means paraprofessionals and aides.
(3) 'Paraprofessional' means a person who may have less than professional-level certification who relates in role and in function to a professional and who does a portion of the professional's job or tasks under the supervision of a professional and who has some decision-making authority, limited and regulated by his relationship with the professional. Such paraprofessionals shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma.
(4) 'Permitted personnel' means persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education.
(b) The state board shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the state board; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The state board is authorized to provide for revoking or denying certificates or licenses for good cause after an investigation is conducted and notice and hearing is provided the certificate holder.
Subpart 2
20-2-210. All personnel employed by local units of administration, including elected or appointed school superintendents, shall have their performance evaluated annually by an appropriately trained evaluator. In the case of the local school superintendents, such evaluations shall be done by the local board of education. Certificated personnel who have deficiencies and other needs shall have a professional development plan designed to mitigate such deficiencies and other needs as may have been identified during the evalua-
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tion process. Progress relative to completing the annual professional development plan shall be one of the assessments during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The State Board of Education, in an effort to facilitate efforts of local units of administration to implement these provisions, shall provide model instruments, model processes, technical assistance, clearinghouse functions, and such other assistance which may be needed.
20-2-211. (a) All teachers, principals, other certificated professional personnel, and other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the school superintendent of the local unit. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local school superintendent on behalf of the local board of education.
(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local board of education shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to every teacher and other professional employee certificated by the State Board of Education on the payroll of the local school system at the beginning of the current school year, except teachers who have resigned or who have been terminated, or notify in writing any such teacher or other certificated professional employee of the intention of not renewing his contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or employee shall be continued for the ensuing school year unless such teacher or employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment
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by notifying the local board or superintendent in writing not later than May 1.
(c) Any other provisions of this article or any other laws to the contrary notwithstanding, no local board of education shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned.
20-2-212 (a) As used in this Code section, a 'salary schedule' means a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications.
(b) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. Such minimum salary schedule as defined in subsection (a) of this Code section shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of satisfactory service of such personnel; and shall include such other uniformly applicable factors as the state board may, in its discretion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with a bachelor's degree and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salary of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate Georgia's beginning teachers' salaries shall be presented an-
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nually with the Governor's budget recommendations. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. Certificated professional personnel employed as such by the local systems shall be paid no less than indicated on such salary schedule. For each state fiscal year, the State Board of Education shall adopt the salary schedule for whiph funding has been appropriated by the Georgia General Assembly. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular personnel whose salary is being supplemented.
20-2-213. The State Board of Education is authorized and directed to devise a teacher career ladder program which has as its purpose providing classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and exhibit above average or outstanding classroom performance, which may include the achievement of students beyond the level typically expected for their ability, with salary supplements in recognition of such competency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concerning the development and implementation of such teacher career ladder program. Following adoption of task force recommendations, the State Board of Education shall submit such recommendations to the General Assembly for review. The state board shall then grant sufficient funds subject to appropriation by the General Assembly for this purpose to each local unit of administration to pay the salary supplements of all classroom teachers awarded such supplements under the teacher career ladder program. Local school systems shall
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not apply any portion of the local fair share pursuant to Code Section 20-2-164 to the grants provided under this Code section.
20-2-214. (a) The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide and school-wide responsibilities. Such salary supplements shall be based upon an amount per FTE student and the responsibilities of the position. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The program adjustment amount for training and experience pursuant to Code Section 20-2-161 shall reflect the amount of funds needed by each local school system to pay all such salary supplements. Each salary supplement approved by the state board and included within the program adjustment amount for training and experience shall be separately identified by category of personnel with total cost requirements.
(b) The state board is authorized and directed to devise a program which has as its purpose providing certificated nonteaching personnel who possess above average or outstanding competencies relative to their position and exhibit outstanding performance in executing their responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level typically expected for their ability may be included in the performance criteria for certificated nonteaching personnel. The state board shall use the task force pursuant to Code Section 20-2-213 or shall appoint an additional task force comprised of representatives of appropriate educational interests to advise the board concerning the development and implementation of such salary supplement program. The state board shall allocate, once it has adopted such a salary supplement program for certificated nonteaching personnel, sufficient funds subject to appropriation by the General Assembly to each local unit of administration to pay the salary supplement of all such personnel awarded the said supplements under this state board adopted program. Local school systems shall not apply any portion of the local fair share pursuant to Code Section 20-2-164 to the grants provided under this subsection.
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20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the state board to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certified professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section.
20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess a valid teaching certificate issued by the State Board of Education. If a person holding a valid teaching certificate is not available to serve as a substitute for a teacher who is absent, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local board or local school superintendent from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article.
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Part 7
20-2-230. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and shall adopt and prescribe such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws or for assuring a more economical and efficient operation of the public schools of this state or any phase of public education in the public schools of this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of school administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all Georgia's children and youth and economy and efficiency in administration and operation of public schools and public school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law.
(b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manners as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department.
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20-2-231. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws.
20-2-232. All county, independent, and area public school boards in this state, established pursuant to law, shall be local school systems for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other school or regional educational agencies established pursuant to law shall be local units of administration for the purposes of this article, except where other specific provisions are made. The qualifications; manner and time of selection, election, or appointment; tenure; state compensation, if provided for; and powers and duties of school superintendents and members of boards of education of the several local units of administration shall be as prescribed by law; provided, however, that such school superintendents and members of local boards of education shall comply with, execute, and enforce this article and other school laws and provisions of rules, regulations, policies, and standards adopted by the State Board of Education pursuant thereto in order to render the respective local units of administration eligible to receive state funds under this article. Specifically, however, each public school board shall be responsible for ensuring that:
(1) The instructional programs authorized pursuant to Part 3 and the uniformly sequenced core curriculum authorized pursuant to Part 2 are fully and effectively implemented;
(2) Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest quality possible;
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(3) The citizens residing within the local school system have full awareness and knowledge relative to the costs, quality, and performance of the system's elementary and secondary schools; and
(4) The local school system has job descriptions for each position held or to be held by certificated professional personnel, has policies relative to the recruitment and selection of such personnel, and does adhere to such recruitment and selection policies. Such policies shall assure nondiscrimination on the basis of sex, race, religion, or national origin.
20-2-233. In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education; or the terms of any contract with the state board, the state board may, in its discretion, withhold from such local unit all or any part of the state contributed Quality Basic Education Program in Georgia funds allotted to such local unit under this article until such time as full compliance is made by the local unit. The state board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld, provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself aggrieved by the final decision of the state board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. Such appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole established at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Superintendent and filed in the court
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within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand such matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section.
Part 8
20-2-240. (a) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, or system wide. The criteria for awarding such grants shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required
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for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article.
(b) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service. The criteria for awarding the grants shall be that the local unit was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs and such other criteria which the state board may deem appropriate and necessary. Such grants shall not require that any portion of such project's cost be paid by the qualified local unit receiving such grant.
(c) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of adopting an effective improvement of an educational program or service. The criteria for awarding such grants shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a
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portion of the costs for other grant programs authorized under this article.
20-2-241. (a) As used in this Code section, the term:
(1) 'Demonstration school system' means a local school system which is designated by the state board to operate the educational programs or services contained within its improvement plan in accordance with the said plan.
(2) 'Improvement plan' means a document submitted by the local school system and approved by the State Board of Education which describes educational programs or services which will be improved, educational goals for the educational programs or services included in the improvement plan, and educational objectives determined from the goals; an assessment which documents the need for the planned improvements; a course of action for implementing the planned improvements; an evaluation system to determine if the educational objectives included in the improvement plan are being attained; and such other items as the State Board of Education may deem necessary for an effective improvement plan.
(b) The state board shall have the authority and is directed to:
(1) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section;
(2) Annually designate local school systems which meet established state board criteria for being designated or continuing their designation as a demonstration school system; and
(3) Suspend certification regulations and requirements and other state policies, standards, and regulations for approved demonstration systems to the extent deemed essential for successful implementation of approved improvement plans. However, such suspension of rules and regulations will apply only to those personnel, programs, and schools actually participating in the approved improvement activity.
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(c) All policies, rules, and regulations prescribed by the state board pursuant to Code Section 20-2-240 shall apply to this Code section, unless such application is explicitly excluded.
20-2-242. (a) Local school systems shall develop longterm system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated.
(b) The state board shall grant funds subject to appropriation by the General Assembly for this purpose to local systems of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs related to the use and application of computers and related electronic technology to educational programs and services. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required may be based upon the ability of a local system to pay a share of the cost relative to the ability of other local systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article.
(c) The state board shall evaluate hardware and software, disseminate to local systems effective software, provide technical assistance to local systems, provide staff develop-
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ment training to local systems and regional educational service agencies, and perform such other functions as deemed necessary by the state board.
(d) The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state.
20-2-243. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants subject to appropriation by the General Assembly for this purpose. The purpose of such grants shall be to give recognition to public schools and school systems having demonstrated high levels of performance or high levels of improved performance; provided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student populations which have similar demographics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographics. The amount of such incentive award grants shall be reflective of the most recent fulltime equivalent (FTE) counts of the qualified public schools or local school systems respectively and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shall expend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of performance areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section.
20-2-244. The State Board of Education is authorized to engage in or otherwise to make provision for educational
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research into all methods of instruction and education of children and youth; to sponsor conferences, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public school system of this state, the quality of education provided children and youth in the public schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with public school systems and public and private educational institutions and agencies inside or outside the state for such purposes.
Part 9
20-2-250. (a) All public school officials and personnel shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address the professional needs and deficiencies identified during the process of objective performance evaluations.
(b) All newly elected and appointed members of boards of local units of administration shall, before or within one year after assuming office, receive orientation on the educational program objectives of Georgia and instruction and study in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local school board members; the evaluation of the annual performance of the school superintendent and the local board of education; and such other topics that the State Board of Education may deem to be necessary. The state board is authorized to require the training of all members of boards of local units of administration which the state board deems
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to be necessary to ensure the effective management and operation of the local units of administration of the state. The Department of Education is authorized, in cooperation with the Georgia School Boards Association, to conduct workshops providing such instruction and study and to present to each board member completing such workshop an appropriate certificate. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance upon regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board member assumes office.
20-2-251. Each program weight computed pursuant to Code Section 20-2-161 shall reflect an amount of funds that is at least equivalent to one-half of 1 percent of all professional salaries used in the development of each program weight. These funds shall be used for staff development.
20-2-252. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills.
(b) The Georgia Education Leadership Academy shall have an advisory board. Members of the advisory board shall consist of two representatives from each of the following categories:
(1) Representatives of local school system administrators appointed by the state board;
(2) Representatives of colleges and universities appointed by the state board;
(3) Representatives of the House of Representatives appointed by the Speaker of the House;
(4) Representatives of the Senate appointed by the President of the Senate; and
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(5) Representatives at large appointed by the Governor.
Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources. This subsection shall stand repealed on July 1, 1988, unless otherwise reenacted by the General Assembly.
(c) The Georgia Education Leadership Academy shall use such approaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282.
20-2-253. Each local school system shall develop an annual comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. The annual comprehensive staff development plan shall provide for programming designed to address deficiencies of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board.
Part 10
20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every student in Georgia's public
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schools shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by the 'Quality Basic Education Act.'
(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' means expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the gen-
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erality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, stadiums, and similar facilities used for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' means a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be limited to, the needs set forth in subsection (k) of this Code section based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Local funds' or 'local unit funds' refers to funds available to local units of administration from sources other than state and federal funds.
(9) 'Local unit' or 'local unit of administration' means any county or independent board of education which administers public elementary and secondary schools.
(10) 'Physical education facility' means any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(11) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such
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as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
(12) 'Required local participation' means the amount of funds which must be contributed by local units of administration from local funds for each construction project.
(13) 'Unhoused students' means those students who are not housed in school facilities which are structurally sound with adequate space as defined by the State Board of Education.
(14) 'Year' or 'fiscal year,' unless otherwise clearly intended, refers to the fiscal year of the State of Georgia.
(c) The State Board of Education shall implement the provisions of this Code section, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educational facilities as determined by the State Personnel Board and the State Board of Education shall administer the requirements and implement the duties of this Code section. The State Board of Education's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each
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GENERAL ACTS AND RESOLUTIONS, VOL. I
identified by its current use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local units. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board, the servicing cooperative educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable to the local board. The State Board of Education shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The State Board of Education shall approve or reject the recommendations of the survey team and shall establish appeal procedures for surveys not accepted;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans required of local units. Local unit facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of merging small, inefficient educational facilities, if any; and other construction
GEORGIA LAWS 1985 SESSION
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projects needed to house the instructional program required by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, use, and matters pertaining or relating to consolidation of schools and educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per pupil; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The State Board of Education shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the pupil capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local units in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, edu-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
cational facilities surveys, student membership projection research, and educational facilities construction plans and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic research approach to student membership projections which will be used in the development of needs within each local unit, but such projections shall not be confined to resident pupils in student membership but shall be based on student membership which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administration. The nonresident projection shall be the most recent five-year student membership average. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local unit and shall not count toward present or future required local participation;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f), (g), (h), and (i) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of high schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects constructed under supervision of the Georgia State Financing and Investment Commission. The State Board of Education may designate selected local units which have staff qualified for such
GEORGIA LAWS 1985 SESSION
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purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local units may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes which have occurred within three years of the completion of the survey.
(d) In the event any local unit of administration enters into a lease contract with the Georgia State Financing and Investment Commission for the use of facilities of the authority or commission pursuant to a commitment by the State Board of Education for future allotments of state capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is authorized and directed to pay monthly, quarterly, or annually to the commission such part of such funds to be made available to the local unit of administration under this Code section as may be required to meet the terms of such lease contract. The State Board of Education is empowered and directed to withhold any fund allocations to any local unit of administration for failure to comply with any provision of this Code section or policies, guidelines, or standards adopted by said board for the purpose of implementing the requirements of this Code section.
(e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i) of this Code section, each local unit must meet the following conditions and requirements:
(1) Prepare and annually update an educational facilities and real property inventory in accordance with provisions of subsection (c) of this Code section;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Complete a local educational facilities plan. The local educational facilities plan shall be prepared in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (f) of this Code section. Each local unit shall specify the order of importance of all proposed construction projects. When two or more local units agree on the need for a consolidation project pursuant to subsection (f) of this Code section, the estimated construction cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion of the number of students to be served from each local unit;
(3) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program required by this article. Prior to initiating the survey, the local unit must file a written request with the State Board of Education that a survey be done in its behalf and suggesting the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(4) Submit requests for capital outlay funds and provide required local participation;
(5) Submit proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section; and
(6) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section.
(f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
GEORGIA LAWS 1985 SESSION
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(1) To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof on different sites;
(2) To provide construction projects to renovate or modernize educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy deficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the instructional program required under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local unit;
(4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof on different sites;
(5) To provide construction projects to combine the total high school pupil populations either in grades 712, 8-12, or 9-12 across local unit lines. In such projects, there shall be no requirement to include a vocational wing as defined within the comprehensive high school structure but neither shall such vocational wing be excluded for funding purposes; and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local unit may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(g) The state and each local unit of administration shall provide capital outlay funds for educational facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil by the total amount of the state-wide equalized adjusted school property tax digest per total resident pupil. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local unit's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and
(2) Eligible construction projects for consolidations as determined in subsection (f) of this Code section shall require no local funds; provided, however, that the state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.
(h) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (f) of this Code section and to establish a fair and equitable distribution of funds to local units of administration, the State
GEORGIA LAWS 1985 SESSION
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Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization.
(2) In setting the annual authorization level, the State Board of Education shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities' needs shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved by the State Board of Education. Such needs shall annually be adjusted downward for projects financed by either state or local funds but shall not be adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (e) of this Code section; and
(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (e) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (g) of this Code section and shall be adjusted upward for the remaining portion of the five-year period for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan.
(3) Each local unit of administration shall be entitled to a portion of the total authorization set by the
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GENERAL ACTS AND RESOLUTIONS, VOL. I
State Board of Education annually based on the ratio of that local unit's needs as computed in paragraph (2) of this subsection to the total of all local units' needs. In addition to the annual entitlement, the local unit is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
(4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation.
(5) The final level of entitlements actually authorized by the State Board of Education for a fiscal year shall be that level which is consistent with the appropriations Act for that year.
(i) Local units may receive state capital outlay funds for construction projects under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of pupil population in excess of the capacity of existing facilities;
(2) Destruction of or damage to educational facilities by fire or due to natural disaster;
GEORGIA LAWS 1985 SESSION
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(3) Replacement of educational facilities which have been certified as hazards to health or safety by the state fire marshal's office or by the Department of Human Resources;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and
(5) Projects for consolidation of high schools across local unit lines when the proposed project cost exceeds the combined annual entitlements of the participating local units. With the exception of category (2) above, the following conditions must be met to qualify for advanced funding:
(A) The local unit has specifically requested funding under this subsection prior to submission of the State Board of Education's annual budget to the General Assembly;
(B) Annual entitlements accrued under subsection (h) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local units shall be required to offset advanced funding for consolidation projects pursuant to paragraph (5) of subsection (f) of this Code section;
(C) The project to be funded is not in addition to projects funded for a given local unit of administration under the provisions of subsection (h) of this Code section in a given year; and
(D) The required local participation and all other procedural requirements of this Code section are met.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(j) Appropriations for advanced funding under subsection (i) of this Code section shall be made separately from subsection (h) of this Code section for regular entitlements.
(k) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the comprehensive information retrieval system. The program shall be used in this subsection to forecast facility needs in each system by projecting student membership for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to enrollment and project student enrollment for each of the grades, including kindergarten, for each of the next five years using cohort survival.
(l) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (k) of this Code section for each school system and project. For each project, the State Board of Education shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required.
20-2-261. (a) The State Board of Education shall establish 'common minimum requirements' which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses.
(c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the state board for review and approval. Further, the state board shall have the authority to withhold all or part of the state funds in support of this article from any unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the state board.
Part 11
20-2-270. (a) The state board shall establish a statewide network of regional educational service agencies for the purposes of providing shared services which are designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The programs commonly known as the Georgia Learning Resource System and Psycho-Educational Centers for severely emotionally disturbed students shall be assigned to and operated by the regional educational service agencies; provided, however, that any regional educational service agency may elect to contract with a local school system which was acting in fiscal year 1986 as the fiscal agent for a PsychoEducational Center or Georgia Learning Resource System to continue in that capacity; provided, further, that any local system that was serving as a fiscal agent for the Georgia Learning Resource System or Psycho-Educational Center on January 1, 1985, may continue to serve in that capacity as a fiscal agent, provided that any election to so serve is made in writing by the local board of education to the State Board of Education and the regional educational service agency on or before July 1,1986. This right of election can be exercised only one time and will remain in force until changed as provided in this Code section. A local system making such an election as provided in this Code section, may, at any
time after such an election is made and at the end of an
fiscal year, elect to have the regional educational servic
agency serve as its fiscal agent. The shared services to mem
ber local school systems may include such services as:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Staff development programming;
(2) Assistance in implementing the uniformly sequenced core curriculum adopted by the State Board of Education and other curricular improvements;
(3) Assistance in preparing plans or project proposals to be submitted to the state board;
(4) Assistance in improving instructional programs;
(5) Assistance in using computers and other electronic technology; and
(6) Providing shared purchasing, printing, and machine maintenance and repair.
(b) All member and nonmember local school systems shall be provided the services of the Georgia Learning Resource System. The instructional programs provided directly to selected public school students shall include any such program to any such students as may be provided under contract with one or more member local school systems, or as prescribed by the state board for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-151; provided, however, that severely emotionally disturbed students of all local school systems, member and nonmember local school systems alike, shall be provided the instructional and support services of the Psycho-Educational program. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.'
20-2-271. (a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area of this state that contains the entire area for several local school systems. To the extent feasible and practical, all such service areas should be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and in terms of such other factors as may be deemed
GEORGIA LAWS 1985 SESSION
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necessary by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which will not be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually.
20-2-272. (a) Each regional educational service agency shall be governed by a board of control which shall have such number of members for such terms of office as prescribed by the State Board of Education, provided that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school system. The state board shall also prescribe for an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local school system boards of education shall be applicable to the agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual bud-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
get to the state board, in the manner prescribed by the state board, for review and approval.
(c) The state board shall be responsible for assuring that the activities of each agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall prepare an annual report to the General Assembly giving an assessment of the status and achievements of the shared service programs in the state.
(d) Boards of control shall determine needs of school children in the area served by each agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost efficiency of the agencies in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities of each agency as related to the achievement of locally established objectives. Boards of control shall likewise establish job descriptions, personnel qualifications, and work schedules in terms of locally established priorities.
20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the administrative and professional head of the regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control and shall be the fiscal officer of the board.
(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide those services desired by the member systems and those individuals necessary to provide the instructional and support services prescribed in Code Section 20-2-270 for all local school systems within the service area.
20-2-274. (a) The State Board of Education shall grant sufficient funds appropriated by the General Assembly for this purpose to each regional educational service agency to finance the state's share of the basic operating expenses, to provide instructional and support services to students eli-
GEORGIA LAWS 1985 SESSION
1745
gible for the psychoeducational program, to provide services under the Georgia Learning Resources System to all local school systems in its service area, and to provide instructional and training services to handicapped students pursuant to Code Section 20-2-151. The amount of funds needed by each regional educational service agency to finance its basic operations shall be reflective of the number of member local units of administration and the number of schools and students contained within such member local units. The State Board of Education shall present a budget for each regional educational service agency by basic operating expense, psychoeducational program, Georgia Learning Resources System, and instruction and training service to handicapped students. This budget shall include a division of the state and local share for each program in support of appropriations considerations by the General Assembly. The member local school systems shall on a state-wide basis collectively contribute one-fourth of the basic cost of operating the regional educational service agency network. The amount each member local school system shall contribute shall be based upon its ability to contribute, as determined by the State Board of Education. In making this determination the State Board of Education shall consider the same factors that it uses for determining local fair share as set forth in Code Section 20-2-164. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources.
(b) An agency may not receive directly from the state board any state funds originally intended or directed by this article to a local school system; provided, however, that, upon the official request of a local school system, the state board may send directly to an agency any funds allocated to a local school system. All grants from the state along with the contributions from member systems and funds from other sources shall be budgeted by the board of control.
Part 12
20-2-280. The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the
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GENERAL ACTS AND RESOLUTIONS, VOL. I
educational programs and services and other public educational functions which need improvement state wide or in selective areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Such long-term strategic plans of local school systems shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the educational goals for the educational programs or services to be improved, a list of educational objectives determined from these goals, a course of action for implementing the planned improvements including a phasing timetable, an evaluation system to determine if the educational objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies.
20-2-281. (a) The State Board of Education shall adopt norm-referenced and criterion-referenced instruments, procedures, and policies as it deems necessary to assess the effectiveness of the educational programs of the state and shall fund, subject to appropriation of the General Assembly, all costs of providing and scoring such instruments. Nationally norm-referenced instruments shall be administered to students in grades two, four, seven, and nine. Criterion-referenced instruments, or other instruments that the state board may develop which measure student performance on the basic Georgia curriculum, shall be administered to students in grades one, three, six, eight, and ten. All such assessments shall place emphasis upon reading, writing, and mathematics but shall include science and social studies. The nationally-normed assessments shall provide students and their parents with grade equivalencies and percentile ranks which
GEORGIA LAWS 1985 SESSION
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result from the administration of such tests. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) beginning in fiscal year 1987 and thereafter. The results of such testing shall be provided to the Governor's office, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to subparagraph (B) of paragraph (2) of subsection (b) of Code Section 20-2-151.
(b) The state board shall have the authority to condition the promotion of students from one grade to the next or condition the awarding of a high school diploma to a student upon his achieving satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The State Board of Education is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education program and who does not achieve a passing score on said test but who has nevertheless completed his or her Individualized Education Program.
20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency which shall be done at least once every five years concerning the following functions to the extent they are deemed by the State Board of Education to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the state board adopted uniformly sequenced core curriculum has been effectively implemented;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to comparable student bodies in terms of demographics;
(E) The effectiveness of the annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of the student count procedures;
(G) The accuracy of fiscal procedures, particularly as they apply to implementing the state board prescribed accounting system and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent of public awareness and information processes; and
(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.
(2) Such comprehensive evaluation processes shall include individuals from other such units, college teacher preparation programs, and citizens residing within the respective units; the number and role of such individuals being prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations of such units by the Department of Education.
(b) The State Board of Education is authorized, subject to appropriation by the General Assembly for this specific purpose, to establish regional offices of the Department of
GEORGIA LAWS 1985 SESSION
1749
Education. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service area of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, school systems, and regional educational service agencies which receive a satisfactory comprehensive evaluation pursuant to subsection (a) of this Code section as 'standard' schools, school systems, or regional educational service agencies, respectively. The State Board of Education shall award a certificate of acknowledgment for superior performance to all such units which receive a superior comprehensive evaluation relative to comparable units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for incentive awards in Code Section 202-243 and shall designate such units as 'exemplary' schools, school systems, or regional educational service agencies, respectively. The state board shall designate all such units which receive an unsatisfactory comprehensive evaluation relative to comparable units as 'nonstandard' schools, school systems, or regional educational service agencies, respectively. The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.
(d) Each local school system shall annually inform the citizens residing within its area concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The State Board of Education shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluation including a summary of any deficiencies as may have been identified and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-
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wide assessment of student achievement; the status of each public school, school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the average cost per pupil of instruction under the public school system; and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a quarterly basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for systems to meet the intent of the General Assembly. The State Board of Education shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State stan-
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dards shall be evaluated in terms of level of compliance or quality.
20-2-283. (a) All local units of administration which are designated to be nonstandard or which operate one or more public schools so designated shall be required to submit to the state board for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such corrective plans shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated source of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans.
(b) The State Board of Education shall review once every six months the progress of nonstandard local units of administration in implementing state board approved corrective plans. Such reviews shall continue until such corrective plans have been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.
(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of all local units which had been designated by the state board as nonstandard. Such evaluation shall be conducted within two years after the state board has approved their corrective plan.
(d) In the event the state board finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take any one or any combination of the following actions:
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(1) The state board is authorized to increase the local fair share of such local unit pursuant to Code Section 20-2-164 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies; or
(2) The state board is authorized to file a civil action in the superior court of the county wherein the school system is located requesting the trial judge to determine whether any member of the board of a local school system or any local superintendent has by his actions or inactions prevented or delayed implementation of the corrective plan. If the judge finds that any board member or local superintendent has prevented or delayed implementation intentionally, then the judge may issue an order requiring the board member or superintendent, or both, to implement the corrective plan. The court shall have the power to appoint a trustee to make sure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out his duties, when supported by the court, shall be paid for out of funds used to pay for expenses incurred by board members. If the trustee finds that any board member or superintendent is violating the order of the court, then the judge may remove such board member or superintendent and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection.
Part 13
20-2-290. The board of education of any local unit of administration is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to local school systems which operate middle school programs which meet the criteria and standards prescribed by the state board. The amount of such grants shall be an additional 13 percent of all funds needed under the Quality Basic Education formula provided for in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent counts for a qualified middle school program. Local school systems
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which have organized their schools in such a manner that facilities house more than grades six, seven, and eight or that students in these grades are split across elementary and upper grade level schools shall qualify for the middle school program, provided they meet all criteria and standards prescribed by the state board. Further, two or more adjacent school systems shall qualify for the middle school program if through their contractual arrangement they all jointly meet the criteria and standards prescribed by the state board. For those systems which are unable to implement a middle school program containing grades six, seven, and eight, the state board shall have the authority to fund either grades six and seven or grades seven and eight under the provisions of this Code section if such programs meet all other criteria and standards prescribed by the state board. This Code section shall in no way require a local school system to construct a middle school containing grades six, seven, and eight in order to qualify for funds under this Code section.
20-2-291. (a) In the event any local school system is voluntarily consolidated with one or more adjoining local school systems under the provisions of Code Section 20-260 or Code Sections 20-2-370 through 20-2-372, all local school systems which are a party to such voluntary consolidation shall not be required to finance any portion of the costs for any new construction or any renovation of existing facilities qualified under Code Section 20-2-260 subject to appropriation for this purpose by the General Assembly.
(b) In the event any local school system which has an elementary school which has less than 450 full-time equivalent students, a middle school which has less than 624 fulltime equivalent students, or a high school which has less than 485 full-time equivalent students is voluntarily consolidated with another school or a school is constructed to serve the areas of such school and one or more additional schools, provided any such merged school shall serve more students than the respective foregoing number, the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities.
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(c) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater distance or time than the maximum travel distance and time prescribed by the state board to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such system consolidation or school merger; and
(2) In the event of consolidation, all existing buildings will be utilized for educational purposes to the extent feasible and practical.
20-2-292. (a) The State Board of Education shall provide sparsity grants, subject to appropriation by the General Assembly for this purpose, to qualified local school systems beyond those funds to which they otherwise are entitled by the provisions of this article and state law. To qualify for the provisions of this Code section, a local school system shall meet the following conditions:
(1) The local system is unable to offer its students or a portion of its students comparable educational programs and services to that which are typically being offered to students of this state under provisions of the Quality Basic Education Program authorized in this article with the funds it is provided for this purpose;
(2) The local system would still be unable to offer such comparable educational programs and services to its students or a portion of its students even if schools were merged or the local system is consolidated with an adjoining local system or local systems since the resulting schools would still be smaller than the sizes provided in subsection (b) of Code Section 20-2-291; or such mergers of schools or consolidation of local systems is
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infeasible since the travel distance or time for a significant portion of the students attending the resulting schools would be greater than the maximum travel distance and time prescribed by the state board; or the consolidation with adjoining local system or local systems was attempted and was rejected by either the officials or the voters of such adjoining local unit or units but such was not the case for this qualifying local system; and
(3) The State Board of Education has completed a study which:
(A) Concludes that school merger and system consolidation is infeasible;
(B) Identifies all resources which are needed to provide all students with such comparable educational programs and services;
(C) Determines which of these resources could reasonably be funded by the funds otherwise provided under this article and other applicable state law; and
(D) Assigns an initial cost to all such resources needed under subparagraph (B) of this paragraph but not provided for under subparagraph (C) of this paragraph. Once a local school system becomes eligible for a sparsity grant under the provisions of this Code section, the State Board of Education shall conduct a new study as provided under subsection (a) of this Code section at least once every five years.
Ob) A local system shall continue to be qualified for the provisions of this Code section until the State Board of Education has completed such a study within five years, unless the local system has rejected an opportunity to consolidate with another local system, or the local system is being provided sufficient funds under other provisions of this article
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and other state law as may apply to provide such comparable educational programs and services to all its students. The grants provided under the provisions of this Code section shall be adjusted annually and comparably to the increases in the Quality Basic Education formula provided for in Code Section 20-2-161 in the manner prescribed by the state board. The state board shall prescribe such policies, regulations, procedures, and criteria as it deems necessary for the effective implementation of this Code section.
(c) All local systems receiving funds during fiscal year 1986 under a grant commonly titled 'isolated schools' shall continue to receive such grant, subject to appropriation by the General Assembly for this purpose, adjusted annually as provided in subsection (a) of this Code section, through the end of the fiscal year that the State Board of Education has completed the study provided in subsection (a) of this Code section.
Part 14
20-2-300. (a) The State Board of Education shall have authority to provide for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools including but not limited to young farmer programs, youth camps, and food-processing programs, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitating allotment of additional funds. The state board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the state board may, in its discretion, find necessary or desirable to implement on a state-wide basis. Local units may, prior to implementation of such programs by the state board, implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, prior to implementation of such programs, establish a uniform basis for allotment of additional funds if such additional allotments are necessary for operation of such programs and the General Assembly has appropriated funds for this purpose.
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(b) The state board shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board.
(c) (1) The State Board of Education shall annually determine the cost of operating and maintaining the state-wide network of public school educational television stations, the state-wide cost of programming, and the state-wide cost of production and purchase of video tapes and other materials used in the state-wide public school educational television program. Such state-wide costs as determined by the state board shall be paid entirely from state funds subject to appropriation by the General Assembly for this purpose and shall not be considered in determining the share of local units of administration of the cost of supporting the Quality Basic Education Program.
(2) The state board shall develop a comprehensive plan for carrying out the purposes of this subsection. Such plan shall include, but not be limited to, reviewing the utilization of educational television for both instructional and public broadcasting purposes, the expansion of service, and the purchase and construction of facilities or equipment.
(3) Notwithstanding any other Code section to the contrary, the State Board of Education may delegate the authority and duties found in paragraphs (1) and (2) of this subsection and any other authority and duties concerning educational television to the Georgia Public Telecommunications Commission, and the commission may contract for the purposes of paragraphs (1) and (2) of this subsection with public telecommunications facilities owned by an independent school system prior to 1960.
(d) (1) The State Board of Education shall maintain an adult general education program within the state.
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This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighthgrade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of a general educational development (GED) equivalency diploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written approval for such enrollment from the superintendent of the local school system or the superintendent's designee. However, the language contained in this subsection shall in no way be interpreted to prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general education program upon proper petition as provided in Code Section 20-2-150.
(2) Except where prohibited by federal law, rules, or regulations, local units of administration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education.
(3) The state board is authorized to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult education. The state board shall establish policies, regulations, and standards relating to implementation and operation of general education programs for adults. To be eligible for state and federal funds, all programs shall be operated in accordance with the state board policies, regulations, and standards. Any other Code section of this article notwith-
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standing, the state board shall annually request of the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals.
(e) (1) There is established a State Board of Postsecondary Vocational Education consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appointments. Members shall represent business, industry or economic development. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for twoyear terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired terms of office.
(2) The State Board of Postsecondary Vocational Education shall be empowered to:
(A) Approve occupational programs of two year duration or less; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the board of regents;
(B) Receive and hold title to property, equipment, money, and materials;
(C) Solicit and receive funds from the general public, corporate underwriters, and foundations;
(D) Contract with other state, federal, or local schools and organizations, individuals, or other legal entities;
(E) Select and employ an executive director and staff and prescribe the duties and compensation thereof; and
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(F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institutions, to include but not be limited to, developing criteria for employment and retention of faculty and staff, student admissions, program approval, salaries, tuition and fees; long and short-term planning to include facilities, program standards, length and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industryeducation partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide system of schools with centralized and specialized leadership at the state level.
(3) The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocational-technical schools, programs, and services including such postsecondary vocational schools now operated by the state and shall provide for a comprehensive program of career, occupational, and vocationaltechnical education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state.
(4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department
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in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the State Board of Postsecondary Vocational Education.
(5) The State Board of Postsecondary Vocational Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members.
(6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities.
(7) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocationaltechnical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized
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for fiscal year 1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, and the state merit system.
(8) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education.
(9) Any other Code section of this article notwithstanding, and subject to appropriations by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this subsection.
(10) Any other Code section of this article notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the postsecondary area vocational-technical school system and adult vocational centers.
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(11) Nothing in this Code section shall abridge the authority of the board of regents to establish or operate colleges or of local or independent city or area boards to operate schools.
(12) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly responsive to the occupational education and training needs of business, industry, and students, and which enhances the state's competitive position for economic development.
(13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the provisions of this article. The executive director shall exercise the overall supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings.
(14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall develop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the State Board of Postsecondary Vocational Education.
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(15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on and after July 1, 1985, shall become members of the Teachers Retirement System of Georgia as a condition of employment, unless such personnel select membership in the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia at the time of their employment.
(16) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section.
(f) (1) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries of the state. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35# per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served
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by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(2) The state board shall further make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and handicapped citizens of this state.
(3) The state board shall further provide the staff, materials, equipment, and supplies to provide a booklending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(4) The state board is further authorized as the sole agency to receive federal funds allotted to this state under acts of Congress appropriating federal funds for public libraries.
(5) The state board shall adopt policies and regulations to implement this subsection.
(g) The state board is authorized to inaugurate a student honors program for pupils in the public and private high schools of this state who have manifested exceptional abilities or unique potentials or who have made exceptional academic achievements. Such program may be conducted during summer months between normal school-year terms at institutions of higher learning or other appropriate centers within this state with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria to be established by the state board, and operating and pupil costs and expenses may be paid by the State Board of Education from funds made available for this purpose by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia for operating and sharing the costs of such programs.
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(h) The State Board of Education is authorized to inaugurate and operate a residential high school program for highly gifted and talented youths of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment in this residential high school program shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of such student must have signed an agreement authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, in cooperation with one of the state universities or colleges, and from funds provided by the General Assembly for this purpose. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as deemed necessary for the effective operation of this program.
(i) The State Board of Education shall have authority to provide for the operation of youth camps, food-processing programs, and young farmer programs. The State Board of Education shall annually determine the amount of funds needed to provide the programs described in this subsection and shall annually request from the General Assembly such appropriations as are needed.
20-2-301. The State Board of Education shall be empowered to form a coordinating committee for exceptional individuals. The Coordinating Committee for Exceptional Individuals shall consist of a representative of the Governor's office, no less than three representatives of the Department of Education, no less than three representatives of the Department of Human Resources, and no less than three representatives of the Department of Offender Rehabilitation. At least one of each department's representative shall be from the upper levels of management, and all representatives shall be designated by their respective department head. The committee shall be provided a full-time staff of one professional from the Department of Education and one professional from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by
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the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to handicapped individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and school-system level.
20-2-302. Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military.
20-2-303. Each student in the public schools of this state, upon attaining the age of 18 years, shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System upon attaining the age of 18 years. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, as determined by the local unit of administration, shall not exceed one school day.
20-2-304. Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school.
20-2-305. Notwithstanding this article and other school laws, the State Board of Education is authorized to provide, by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and specified by the state board, be permitted to attend and to be included as an enrolled pupil in the public schools of a local unit of administration immediately
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adjacent to the local unit of administration wherein the pupil resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to approve voluntarily such transfer of the pupil to the public schools of the adjacent local unit; provided, however, that the board of education of the adjacent local unit is willing to receive and to permit such pupil to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting state funds to follow such pupils, shall be entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of administration may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform.
20-2-306. (a) The Governor prior to July 15,1985, shall appoint a task force composed of representatives from the Department of Education, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration for the implementation of this article and to design a state-wide educational information system which will provide for the accurate and timely flow of information from local units of administration to the state.
(b) This task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the state board and local units of administration. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide educational network, including any funding needed for equipment and software for local units of administration.
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(c) Any information, unless otherwise prohibited by statute, collected over the state-wide educational network shall be made available to the Governor's office and the House and Senate Appropriations and Education committees.
(d) The state-wide educational network shall be substantially completed prior to July 1,1987, and shall be fully completed by July 1, 1988, and the task force appointed by the Governor shall be abolished on July 1, 1987. As used in this Code section, the words 'substantially completed' would include at a minimum complete FTE counts and complete salary data for each school system.
20-2-307. The State Board of Education shall not initiate or cause to be initiated any program, program expansion, activity, or activity expansion related to or contemplated in this article which would result in additional expenditures by the state if such expenditures are not funded or otherwise contemplated by the General Assembly in an appropriations Act in force or to be in force within one year.
20-2-308. The State Board of Education shall maintain, according to the specific data categories defined by the taskforce created under Code Section 20-2-306, expenditure records for each instructional program and categorical grant under this article. As a part of its annual budget request, the State Board of Education shall specify the studentteacher ratios for each of the program weights and the cost components reflected in the base amount defined in subsection (a) of Code Section 20-2-161. Such information shall be made available, upon request, to the Appropriations and Education committees of the House of Representatives and Senate of the General Assembly."
Section 2. Said chapter is further amended by striking Code Sections 20-2-37, 20-2-38, 20-2-56, 20-2-61, 20-2-670, 20-2671, 20-2-720, 20-2-941, 20-2-1030, 20-2-1031, and 20-2-1032, which read respectively as follows:
"20-2-37. The State School Superintendent shall compile an annual report in which he shall present a statement of the condition and amount of all funds and property appropriated for the purpose of public education; a statement of the number of public schools of the various grades; the num-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
ber of pupils attending such schools, their sex, race, and the branches taught; a statement of the average cost per pupil of instruction under the public school system in each county; a statement of the plans for the management, extension, and improvement of the public schools; a statement of the number of children of school age in the state, with as much accuracy as possible; and a statement of the number of private schools and colleges of the different kinds in the state, the number of pupils in such schools or colleges, their sex, the branches taught, and the average cost of tuition per pupil in such schools and colleges. Such report shall be kept in the Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
20-2-38. The State School Superintendent shall have the right to require the county school superintendents to make such reports as he may prescribe, and in default of complying as far as may be practicable with this requirement, the county school superintendents shall not be entitled to compensation for their official services. The Superintendent shall also have the right to require a report similar to that mentioned in Code Section 20-2-37 from the chairman of the board of education or the chief executive officer of any public school organization operating under any special law; and until the report is made, such organization shall not receive the pro rata share of the state school fund to which it otherwise would be entitled.
20-2-56. It is declared to be the policy of Georgia that all newly elected and newly appointed members of county and other local boards of education should, before or after assuming office, receive orientation on the educational program objectives of Georgia and instruction and study in school finance; school law, with special emphasis on the Adequate Program for Education in Georgia; responsiveness to the community; and the ethics, duties, and responsibilities of local school board members. The Department of Education is authorized to conduct workshops providing such instruction and study, in cooperation with the Georgia School Boards Association, and to present to each board member completing such workshop instruction and study an appropriate certificate. All county, municipal, independent, and
GEORGIA LAWS 1985 SESSION
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area boards are authorized to pay to such newly elected or newly appointed board members from local funds the same per diem as now or hereafter authorized by local or general law for attendance upon regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for attendance upon such workshops, either before or after such newly elected or newly appointed board member assumes office.
20-2-61. The board of education of any county or independent school system is authorized if, in its opinion, the welfare of the schools of the county or independent system and the best interests of the pupils require, to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught at each school in its respective systems.
20-2-670. No student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin.
20-2-671. Admissions to all public schools shall be gratuitous to all eligible children residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the public schools of this state, regardless of age, under rules and regulations promulgated by the State Board of Education. The state board is authorized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the state and the veterans desiring to attend the public schools of this state.
20-2-720. (a) Each teacher shall keep an accurate account of the number of pupils entering the schoolroom and the number of days of actual attendance. For this purpose, the teacher shall be provided with a register by the local school authorities, or he or she may be provided with forms on which to make daily reports of attendance through the principal to a central records office where accumulated records are maintained.
(b) It shall be the duty of teachers to make and file with school officials designated by the county, independent, or area school superintendent records of attendance of pu-
1772
GENERAL ACTS AND RESOLUTIONS, VOL. I
pils. Such records shall be compiled in central records offices or in the place designated by the county or independent city system board of education from daily reports of the teachers, or such records may be maintained in registers or by other means as may be provided for by the State Board of Education.
(c) It shall be unlawful to make the final salary payment to any teacher or for the local school superintendent to audit the accounts of such teacher for his or her services until all required reports have been made and filed.
20-2-941. When a local school superintendent or local board of education proposes not to renew the contract of any teacher or other professional employee certificated by the State Board of Education who was on the payroll and under contract on the beginning day of the current school year, written notification of such intention shall be given to the teacher or other certificated professional employee by not later than April 15 prior to the ensuing school year. When such notice is not given, the employment of such teacher or employee shall be continued for the ensuing school year unless such teacher or employee has been removed in the manner previously provided in this part or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local board or superintendent in writing not later than May 1.
20-2-1030. The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public school system and shall establish standards for its administration. The course may include instruction in alcohol, smoking and health, and drug abuse education and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
20-2-1031. Universities and colleges having teacher preparation programs shall require, as a part of teacher
GEORGIA LAWS 1985 SESSION
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preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, alcohol and smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understandings of how physical activity shall be integrated and correlated into the total lifestyle of an individual.
20-2-1032. County, city, and area boards of education may employ supervisors and special teachers of physical education and health education in the same manner as other teachers are employed, provided they possess such qualifications as the State Board of Education may prescribe. Boards of education of two or more school districts may jointly employ a supervisor or special teacher of health or physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacations as community centers for the promotion of play and other healthful forms of recreation, under such rules and regulations as they deem proper.",
and inserting in lieu thereof respectively the following:
"20-2-37. Reserved.
20-2-38. Reserved.
20-2-56. Reserved.
20-2-61. Reserved.
20-2-670. Reserved.
20-2-671. Reserved.
20-2-720. Reserved.
20-2-941. Reserved.
20-2-1030. Reserved.
20-2-1031. Reserved.
20-2-1032. Reserved."
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Part II
Section 3. Said chapter is further amended by adding between Article 6 and Article 7 a new Article 6.1 to read as follows:
"ARTICLE 6.1
20-2-320. (a) At three different times during the 19851986 school year, as designated by the State Board of Education, each local school system shall report enrollment by instructional program for each student to the Department of Education. The instructional programs used for this purpose shall be as follows:
(1) Kindergarten program;
(2) Primary grades program (1-3);
(3) Middle grades program (4-8);
(4) High school general education program (9-12);
(5) High school nonvocational laboratory program (9-12);
(6) Vocational laboratory program (9-12);
(7) Program for the resourced mildly handicapped;
(8) Program for the resourced moderately handicapped;
(9) Program for the self-contained moderately handicapped;
(10) Program for the self-contained severely handicapped;
(11) Program for the gifted students; and
(12) Remedial education program.
(b) This enrollment report as provided for in subsection (a) of this Code section shall indicate the student's specific
GEORGIA LAWS 1985 SESSION
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assigned program for each one-sixth of the school day on the designated reporting date. No program shall be indicated for a student for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis, a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is prepared and retained, or any other course or activity so designated by the State Board of Education. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies adopted by the State Board of Education. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is not enrolled for an instructional program or has not attended a class or classes within the preceding ten days. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is charged either tuition or fees as a condition of enrollment or full participation in the instructional program; provided, however, that a student who resides outside the school system may be included in the count for a program for which tuition and fees, or a combination thereof, do not exceed the average locally financed per student cost for the preceding school year, excluding required local effort. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school at least one-half of the school day and that the student's postsecondary program is approved by the high school principal or his designee. The State Board of Education shall adopt such regulations and criteria as necessary to ensure objective and true counts of students for these instructional programs. The State Board of Education shall also establish criteria under which a student shall be counted
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GENERAL ACTS AND RESOLUTIONS, VOL. I
as a resident or a nonresident student. If a local school system has a justifiable reason, it may seek authority from the State Board of Education to shift the FTE counts from the designated date to a requested alternate date.
20-2-321. The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the comprehensive information retrieval system and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to the generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(1) Instructional program involved;
(2) Whether basic education or enrichment in purpose;
(3) Fund source or sources; and
(4) Major component such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, or staff development.
20-2-322. (a) As used in this Code section, a 'salary schedule' means a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications.
(b) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. Such minimum salary schedule as defined in subsection (a) of this Code section shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum base salary of each classification of such per-
GEORGIA LAWS 1985 SESSION
1777
sonnel based upon the individual experience and length of satisfactory service of such personnel; and shall include such other uniformly applicable factors as the state board may, in its discretion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with a bachelor's degree and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salary of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions having educational entry requirements comparable to the requirements for entry into public school teaching. The list of Georgia beginning salaries by degree field used to calculate Georgia's beginning teachers' salaries shall be presented annually with the Governor's budget recommendations. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certified professional personnel. Certified professional personnel employed as such by the local systems shall be paid no less than indicated on such salary schedule. For each state fiscal year the State Board of Education shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular personnel whose salary is being supplemented.
20-2-323. The State Board of Education is authorized and directed to devise by June 30, 1986, a teacher career ladder program which has as its purpose providing classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and exhibit above average or outstanding classroom performance, which may include the achievement of students beyond the level typically expected for their ability,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
with salary supplements in recognition of such competency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concerning the development and implementation of such teacher career ladder program.
20-2-324. The state board is authorized and directed to devise a program which has as its purpose providing certificated nonteaching personnel who possess above average or outstanding competencies relative to their position and exhibit outstanding performance in executing their responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level typically expected for their ability may be included in the performance criteria for certificated nonteaching personnel. The state board shall use the task force pursuant to Code Section 20-2-323 or shall appoint an additional task force comprised of representatives of appropriate educational interests to advise the board concerning the development and implementation of such salary supplement program.
20-2-325. (a) The State Board of Education shall provide grants, subject to appropriation by the General Assembly for this purpose, to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, or system wide. The criteria for awarding such grants shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of
GEORGIA LAWS 1985 SESSION
1779
such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article.
(b) The State Board of Education shall provide grants, subject to appropriation by the General Assembly for this purpose, to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service. The criteria for awarding the grants shall be that the local unit was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs and such other criteria which the state board may deem appropriate and necessary. Such grants shall not require that any portion of such project's cost be paid by the qualified local unit receiving such grant.
(c) The State Board of Education shall provide grants, subject to appropriation by the General Assembly for this purpose, to qualified local units of administration for the purpose of adopting an effective improvement of an educational program or service. The criteria for awarding such grants shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this chapter. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall
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GENERAL ACTS AND RESOLUTIONS, VOL. I
be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article.
20-2-326. (a) Local school systems shall develop longterm system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated.
(b) The state board shall grant funds, subject to appropriation by the General Assembly for this purpose, to local systems of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs related to the use and application of computers and related electronic technology to educational programs and services. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required shall be based upon the ability of a local system to pay a share of the cost relative to the ability of other local systems in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article.
GEORGIA LAWS 1985 SESSION
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(c) The state board shall evaluate hardware and software, disseminate to local systems effective software, provide technical assistance to local systems, provide staff development training to local systems and regional educational service agencies, and perform such other functions as deemed necessary by the state board.
(d) The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state.
20-2-327. (a) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:
(1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44;
(2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; and
(3) The total amount of tax revenue which has been distributed by said local government to local school systems.
(b) Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue. Further, said local governmental units shall provide such homestead exemptions for calendar year 1984 and tax revenues for fiscal year 1985 on or before September 15, 1985.
20-2-328. The Department of Revenue shall annually furnish the State Board of Education with the following data for each school system by November 15:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) All tax revenues by source for the preceding fiscal year which were distributed for program operation; provided, however, such tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems;
(2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 for calendar year 1984; and
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for calendar year 1984. HHB HH
20-2-329. The Office of Planning and Budget shall furnish the State Board of Education with the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system for calendar year 1984. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimating this percent.
20-2-330. (a) The Governor prior to July 15,1985, shall appoint a task force composed of representatives from the Department of Education, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration for the implementation of this article and to design a state-wide educational information system which will provide for the accurate and timely flow of information from local units of administration to the state.
(b) This task force shall further develop specifications for hardware and software acquisition for administrative
GEORGIA LAWS 1985 SESSION
1783
uses. Such specifications shall be followed by the state board and local units of administration. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide educational network, including any funding needed for equipment and software for local units of administration.
(c) Any information, unless otherwise prohibited by statute, collected over the state-wide educational network shall be made available to the Governor's office and the House and Senate Appropriations and Education committees.
(d) The state-wide educational network shall be substantially completed prior to July 1,1987, and shall be fully completed by July 1, 1988, and the task force appointed by the Governor shall be abolished on July 1, 1987. As used in this Code section, the words 'substantially completed' would include at a minimum complete FTE counts and complete salary data for each school system.
20-2-331. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills.
(b) The Georgia Education Leadership Academy shall have an advisory board. Members of the advisory board shall consist of two representatives from each of the following categories:
(1) Representatives of local school system administrators appointed by the state board;
(2) Representatives of colleges and universities appointed by the state board;
(3) Representatives of the House of Representatives appointed by the Speaker of the House;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Representatives of the Senate appointed by the President of the Senate; and
(5) Representatives at large appointed by the Governor.
Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources. This subsection shall stand repealed on July 1, 1988, unless otherwise reenacted by the General Assembly.
(c) The Georgia Education Leadership Academy shall use such approaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program."
Section 4. (a) Part I of this Act shall become effective on July 1, 1986.
(b) Part II of this Act shall become effective July 1, 1985, but shall stand repealed in its entirety on July 1, 1986.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 16, 1985.
GEORGIA LAWS 1985 SESSION
I
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 16, 1985
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 255, 362, 456, and 723 which were passed by the General Assembly of Georgia at the 1985 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris Joe Frank Harris
JFH/rsb Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives
Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
II
GOVERNOR'S VETOES
Veto No. 1--H. B. 255
House Bill 255 provided for a change in the provision relating to the qualifications for a coroner. A technical error was made in this legislation and the author of the bill requested that this bill be vetoed. The appropriate provisions of House Bill 255 passed in Senate Bill 252 which has been signed into law.
Veto No. 2--H. B. 456
House Bill 456 amended the general provisions regarding the transaction of insurance so as to provide for jurisdiction of certain providers of health care benefits. Because of a technical error in this legislation, the author of this bill requested that it be vetoed. The appropriate provisions of House Bill 456 passed as an amendment to Senate Bill 131 which has been signed into law.
Veto No. 3--H. B. 362
House Bill 362 changed the provision relating to the payment of a clothing allowance for members of the Uniform Division of the Georgia State Patrol assigned permanently as personal security or on special duty assignments. Presently, the law provides for a set figure of $480.00 per year to be paid to members of the Uniform Division assigned as personal security or for special duty assignments. This legislation would have struck the dollar amount presently in the law and would have provided that the amount to be paid would be provided in the appropriations bill. The language change was not made in the appropriations bill and therefore this legislation had to be vetoed.
Veto No. 4--H. B. 723
House Bill 723 amended certain provisions of the law relating to the appeal of rulings of the Georgia Public Service Commission. The legislation would have required a superior court judge to rule on a request for injunctive relief within 45 days of a complaint being filed. The Georgia Supreme Court in a decision handed down after the General Assembly adjourned ruled that injunctive relief was not available in an appeal of a decision by the Georgia Public Service Commission.
Ill
APPELLATE COURTS SUPREME COURT OF GEORGIA
As of February 1, 1985
HAROLD N. HILL, JR THOMAS O. MARSHALL HAROLD G. CLARKE GEORGE T. SMITH HARDY GREGORY, JR CHARLES L. WELTNER RICHARD BELL
JOLINE BATEMAN WILLIAMS HAZEL E. HALLFORD WM. SCOTT HENWOOD JOHN B. TUCKER . .
Chief Justice Presiding Justice
Justice Justice Justice Justice Justice Clerk Deputy Clerk Reporter Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of February 1, 1985
HAROLD R. BANKE BRASWELL D. DEEN, JR WILLIAM LeROY McMURRAY, JR A.W. BIRDSONG, JR GEORGE H. CARLEY JOHN W. SOGNIER MARION T. POPE, JR ROBERT BENHAM DOROTHY TOTH BEASLEY
ALTON HAWK VICTORIA MEDCALF WM. SCOTT HENWOOD JOHN B. TUCKER
Chief Judge Presiding Judge Presiding Judge Presiding Judge
Judge Judge Judge Judge Judge Clerk Deputy Clerk Reporter Assistant Reporter
SUPERIOR COURTS
JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of February 1, 1985
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 Atkinson--First Monday in April and October Berrien--First Monday in February and August Clinch--Third Monday in March and September Cook--Second Monday in January and July Lanier--Fourth Monday in April and October
IV
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 Newton--Second and third Mondays in January, April, July and October Walton--First and second Monday in February, May, August and November
APPALACHIAN CIRCUIT
HONS. BOBBY C. MILAM, Judge, Fannin County Courthouse ROGER GLENN QUEEN, D.A., Fannin County Courthouse Fannin--Second Monday in March and November; first Monday in June Gilmer--Second Monday in February and October; first Monday in May Pickens--Second Monday in January, April and September
ATLANTA CIRCUIT
HONS. JOHN S. LANGFORD, Chief Judge, Fulton County Courthouse OSGOOD O. WILLIAMS, Judge, Fulton County Courthouse LUTHER ALVERSON, Judge, Fulton County Courthouse SAM PHILLIPS McKENZIE, Judge, Fulton County Courthouse JOEL J. FRYER, Judge, Fulton County Courthouse RALPH H. HICKS, Judge, Fulton County Courthouse FRANK M. ELDRIDGE, Judge, Fulton County Courthouse WILLIAM W. DANIEL, Judge, Fulton County Courthouse ISAAC JENRETTE, Judge, Fulton County Courthouse CLARENCE COOPER, Judge, Fulton County Courthouse PHILIP F. ETHERIDGE, Judge, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse Fulton--First Monday in January, March, May, July, September and November
ATLANTIC CIRCUIT
HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse JAMES EMORY FINDLEY, Judge, Tattnall County Courthouse DAVID L. CAVENDER, Judge, Liberty County Courthouse DUPONT KIRK CHENEY, D.A., Liberty County Courthouse Bryan--Third Monday in March; first Monday in November Evans--First Monday in February and August Liberty--Third Monday in February and September Long--First Monday in March; third Monday in August McIntosh--Fourth 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, Judge, Richmond County Courthouse ALBERT McELVEEN PICKETT, Judge, Richmond County Courthouse BERNARD J. MULHERIN, SR., Judge, Richmond County Courthouse . SAM SIBLEY, JR., D.A., Richmond County Courthouse Burke--Second Monday in May and November Columbia--Fourth Monday in March and September Richmond--Third Monday in January, March, May, July, September and November
V
BLUE RIDGE CIRCUIT
HONS. FRANK C. MILLS, III, Chief Judge, Cherokee County Courthouse RICHARD S. (STAN) GAULT, Judge, Forsyth County Courthouse RAFE BANKS, D.A., Forsyth County Courthouse Cherokee--Second Monday in January, May and September Forsyth--Fourth Monday in March and July; second Monday in November
BRUNSWICK CIRCUIT
HONS. GORDON KNOX, JR., Chief Judge, Jeff Davis County Courthouse WILLIAM R. KILLIAN, Judge, Glynn County Courthouse A. BLENN TAYLOR, JR., Judge, Glynn County Courthouse GLENN THOMAS, JR., D.A., Wayne County Courthouse Appling--Second and third Monday in February, third and fourth Monday in October Camden--First Monday in April and November Glynn--Second Monday in January, May and September Jeff Davis--First and second Monday in March; fourth Monday in September; first Monday in October Wayne--Third and fourth Monday in April and November
CHATTAHOOCHEE CIRCUIT
HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse E. MULLINS WHISNANT, Judge, Muscogee County Courthouse KENNETH B. FOLLOWILL, Judge, Muscogee County Courthouse RUFE E. McCOMBS, Judge, Muscogee County Courthouse WILLIAM J. (BILL) SMITH, D.A., Muscogee County Courthouse Chattahoochee--Fourth Monday in March and September Harris--Second Monday in January, May and September Marion--Fourth Monday in April and October Muscogee--First Monday in February, April, June, August, October and December Talbot--Second Monday in March and November; third Monday in August Taylor--Second Monday in February, June and October
CHEROKEE CIRCUIT
HONS. JERE F. WHITE, Chief Judje, Bartow County Courthouse TOM POPE, Judge, Gordon Coukty Courthouse DARRELL E. WILSON, D.A., Gordon County Courthouse Bartow--First Monday in February and August; fourth Monday in April; Third Monday in October Gordon--First Monday in March, June a^d December; second Monday in September
CLAYTON CIRCUIT
HONS. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse WILLIAM H. "BILL" ISON, Judge, Clayton County Courthouse STEPHEN E. BOSWELL, Judge, Clayton County Courthouse ROBERT E. KELLER, D.A., Clayton County Courthouse Clayton--First Monday in February, May, August and November
VI
COBB CIRCUIT
HONS. WATSON L. WHITE, Chief Judge, Cobb County Courthouse GRANT BRANTLEY, Judge, Cobb County Courthouse DOROTHY A. ROBINSON, Judge, Cobb County Courthouse HARRIS HINES, Judge, Cobb County Courthouse GEORGE H. KREEGER, Judge, Cobb County Courthouse TOM CAUTHORN, Judge, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse Cobb--Second Monday in January, March, May, July, September and November
CONASAUGA CIRCUIT
HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., Judge, Murray County Courthouse WILLIAM T. BOYETT, Judge, Whitfield County Courthouse JACK PARTAIN, D.A., Whitfield County Courthouse Murray--Second Monday in February and August Whitfield--Second Monday in January and July
CORDELE CIRCUIT
HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse GARY C. CHRISTY, D.A., Dooly County Courthouse Ben Hill--Second 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. Crisp--Third and fourth Monday in February and Monday following; second, third, and fourth Monday in May and November; second and third Monday in August. Dooly--Fourth Monday in January; and Monday following the third and fourth Monday in April, July and October. Wilcox--Second and third Mondays in March; fourth Monday in August and Monday following; first and second Monday in December.
COWETA CIRCUIT
HONS. JOSEPH C. JACKSON, Chief Judge, Troup Ounty Courthouse DEWEY SMITH, Judge, Carroll County Courthouse WILLIAM LEE, Judge, Coweta County Courthouse ART MALLORY, D.A., Troup County Courthouse Carroll--First Monday in April and October Coweta--First Monday in March; first Tuesday in September Heard--Third Monday in March and September Meriwether--Third Monday in February, May, August and November Troup--First Monday in February, Way, August and November
doi/gherty CIRCUIT
HONS- ASA D. KELLEY, JR.. Chief Judge, Dougherty County Courthouse LEONARD FARKAS, Judge, Dougherty County Courthouse HOBART M. HIND, D.A., Dougherty County Courthouse Dougherty--Second 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 Douglas--Third 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 Johnson--Third Monday in March, June, September and December Laurens--Fourth Monday in January, April, July and October Treutlen--Third Monday in February and August Twiggs--Second Monday in January, April, July and October
EASTERN CIRCUIT
HONS. FRANK S. CHEATHAM JR., Chief Judge, Chatham County Courthouse EUGENE H. GADSDEN, Judge, Chatham County Courthouse PERRY BRANNEN, JR., Judge, Chatham County Courthouse JAMES HEAD, Judge, Chatham County Courthouse SPENCER LAWTON, JR., D.A., Chatham County Courthouse Chatham--First 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 Butts--First and second Monday in February and November; first Monday in May; third and fourth Monday in August Henry--Second, third and fourth Monday in January, April, July and October Lamar--First and second Monday in March, June and December; second and third Monday in September Monroe--Third and fourth Monday in February, May and November; first and second 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 Fayette--First Monday in March; second Monday in September Pike--Third Monday in April and November Spalding--First Monday in February, June and October Upson--Third Monday in March and August; first Monday in November
GWINNETT CIRCUIT
HONS. REID MERRITT, Chief Judge, Gwinnett County Courthouse HOMER M. STARK, Judge, Gwinnett County Courthouse DAWSON JACKSON, Judge, Gwinnett County Courthouse JAMES A. HENDERSON, Judge, Gwinnett County Courthouse TOM LAWLER, D.A., Gwinnett County Courthouse Gwinnett--First Monday in January, March, May, July and November; second Monday in September
HOUSTON CIRCUIT
HONS. WILLIS HUNT, JR., Judge, Houston County Courthouse THERON FINLAYSON, D.A., Houston County Courthouse Houston--First Monday in January, March, May, July, September and November
LOOKOUT MOUNTAIN CIRCUIT
HONS. JOSEPH E. "BO" LOGGINS, Chief Judge, Chattooga County Courthouse GARY B. ANDREWS, Judge, Walker County Courthouse JOE B. TUCKER, Judge, Catoosa County Courthouse DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse Catoosa--First Monday in March; second Monday in September Chattooga--First Monday in February and August Dade:--First Monday in April; second Monday in October Walker--First Monday in May and November
MACON CIRCUIT
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse TOMMY DAY WILCOX, Judge, Bibb County Courthouse BRYANT CULPEPPER, Judge, Peach County Courthouse WILLIS SPARKS, D.A., Bibb County Courthouse Bibb--First Monday in February, April, June, August, October and December Crawford--Third and fourth Monday in March and October1 Peach--First 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 Candler--First and second Monday in February and August Emanuel--Second Monday in January, April, July and October Jefferson--Second Monday in May and November Toombs--Fourth Monday in February, May, August and November Washington--First Monday in March, June, September and December
IX
MOUNTAIN CIRCUIT
HONS. JACK N. GUNTER, Presiding Judge, Habersham County Courthouse ROBERT B. STRUBLE, Judge, Stephens County Courthouse MIKE CRAWFORD, D.A., Habersham County Courthouse Habersham--First Monday in January and August; fourth Monday in April Rabun--Third Monday in February; fourth Monday in May and October Stephens--Second Monday in January; third Monday in May; first Monday in September Towns--First Monday in April and November Union--Fourth Monday in February; second Monday in September
NORTHEASTERN CIRCUIT
HONS. A.R. (DICK) KENYON, Chief Judge, Hall County Courthouse J.D. SMITH, Judge, Hall County Courthouse BRUCE UDOLF, D.A., Hall County Courthouse Dawson--First Monday in February and August Hall--First Monday in May and November; second Monday in January, March, July and September Lumpkin--Fourth Monday in February and August White--First 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 Elbert--Third Monday in January; fourth Monday in July Franklin--Third Monday in March and September Hart--Third Monday in February and August Madison--Third Monday in April and October Oglethorpe--Third 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 JOE BRILEY, D.A., Jones County Courthouse Baldwin--Second Monday in January, April, July and October Greene--Fourth Monday in January, April, August, and November Hancock--Fourth Monday in March and September; second Monday in June and December Jasper--Second Monday in February, May, August and November Jones--First Monday in February and August; third Monday in April and October Morgan--First Monday in March, June, September and December Putnam--Third Monday in March, June, September and December Wilkinson--First 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 Bleckley--First Monday in March; second Monday in July and November Dodge--Third Monday in February, May, August and November Montgomery--First Monday in February, May, August and November Pulaski--Second and third Monday in March and September; second Monday in June and December Telfair--Fourth Monday in February and June; third and fourth Monday in October Wheeler--Second Monday in February and October; third Monday in June
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 Bulloch--First Monday in February, May, August and November Effingham--First Monday in June; and December Jenkins--First Monday in March and September Screven--Second 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 Clay--Third Monday in March and November Early--Third Monday in January and July Miller--Fourth Monday in February and October Quitman--Fourth Monday in March and September Randolph--First Monday in May and November Seminole--Second Monday in April and October Terrell--First Monday in June and December
PIEDMONT CIRCUIT
HONS. JAMES L. "JIM" BROOKS, Judge, Jackson County Courthouse TIM MADISON, D.A., Barrow County Courthouse Banks--First and second Monday in April and October Barrow--First and second Monday in February and August; first Monday in May and November Jackson--First and second Monday in March; second and third Monday in September
ROCKDALE CIRCUIT
HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse ROBERT F. MUMFORD, D.A., Rockdale County Courthouse Rockdale--First Monday in January, April, July and October
XI
ROME CIRCUIT
HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse JOHN A. FRAZIER, Judge, Floyd County Courthouse ROBERT G. WALTHER, Judge, Floyd County Courthouse STEVE LANIER, D.A., Floyd County Courthouse Floyd--Second Monday in January, March, July and September; first Monday in May and November
SOUTH GEORGIA CIRCUIT
HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse WILLARD H. CHASON, Judge, Grady County Courthouse J. BROWN MOSELEY, D.A., Decatur County Courthouse Baker--Third Monday in January and July Calhoun--Last Monday in May and November Decatur--First Monday in February, May, August and November Grady--Third Monday in March and September Mitchell--Second 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 Brooks--First Monday in April and November Colquitt--First Monday in February and August Echols--First Monday in February and August Lowndes--First Monday in March and the first Tuesday immediately following the first Monday in September Thomas--First 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 Lee--Fourth Monday in April and October Macon--Second Monday in May and November Schley--Second Monday in February and August Stewart--Third Monday in March and September Sumter--Fourth Monday in February, May and August; Monday following the fourth Thursday in November Webster--Second Monday in January and July
STONE MOUNTAIN CIRCUIT
HONS. CURTIS V. TILLMAN, Chief Judge, DeKalb County Courthouse HILTON FULLER, Judge, DeKalb County Courthouse JAMES H. (JIM) WEEKS, Judge, DeKalh County Courthouse DAN COURSEY, Judge, DeKalb County Courthouse CAROL W. HUNSTEIN, Judge, DeKalb County Courthouse ROBERT JOSEPH CASTELLANI, Judge, DeKalb County Courthouse CLARENCE F. "CHUCK" SEELIGER, Judge, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse DeKalb--First Monday in January, March, May, July, September and November
XII
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 Haralson--Second Monday in April and September; first Monday in December Paulding--First Monday in February; third Monday in May and October Polk--Second Monday in January; fourth Monday in April and September
TIFTON CIRCUIT
HONS. W. J. FOREHAND, Chief Judge, Tift County Courthouse JOHN D. CROSBY, Judge, Tift County Courthouse DAVID E. PERRY, D.A., Tift County Courthouse Irwin--Third and fourth Monday in February; second and third Monday in May and November Tift--First Monday in March and September; first and second Monday in June and December Turner--Second and third Monday in January and July; second Monday in April and October Worth--Fourth Monday in January, April, July and October
TOOMBS CIRCUIT
HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse E. PURNELL DAVIS, Judge, Warren County Courthouse DENNIS SANDERS, D.A., McDuffie County Courthouse Glascock--Third Monday in February, May, August and November Lincoln--Fourth Monday in January and July; third Monday in April and October McDuffie--Second Monday in March, June, September and December Taliaferro--Fourth Monday in February, May, August and November Warren--Third Monday in January; first Monday in April, July and October Wilkes--First Monday in February, May, August and November
WAYCROSS CIRCUIT
HONS. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse CLARENCE D. BLOUNT, Judge, Ware County Courthouse JOSEPH B. NEWTON, Judge, Ware County Courthouse DONNIE DIXON, D.A., Ware County Courthouse Bacon--Fourth Monday in May and November Brantley--First Monday in February; first Tuesday in September Charlton--Fourth Monday in February and September Coffee--Third Monday in March and October Pierce--First Monday in May; second Monday in December Ware--Second 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 Clarke--Second Monday in January, April, July and October Oconee--Second Monday in March and September
INDEX
XIII
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
No amendments to the Constitution were proposed at the 1985 regular session.
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Section 1-3-1; amended Code Section 1-3-4; amended Code Section 1-3-4.1; enacted Code Section 1-4-6; enacted Code Section 2-2-10; amended Code Section 2-7-102; amended Code Section 2-7-130; amended Code Sections 2-7-150 through 2-7-158; enacted Code Section 2-9-33; amended Code Section 2-9-34; amended Code Section 2-9-35; amended Code Section 3-2-33; amended Code Section 3-3-1; amended Code Section 3-3-2.1; enacted Code Section 3-3-3; amended Code Section 3-3-7; amended Code Section 3-3-20; amended Code Section 3-3-23; amended Code Section 3-3-23.1; amended Code Section 3-4-41; amended Code Section 3-4-60; amended Code Sections 3-4-150 through 3-4-153; redesignation Code Section 3-6-21.1; amended Code Section 3-6-29; enacted Code Section 3-6-50; amended Code Sections 3-6-150 through 3-6-153; redesignation Code Section 4-4-95.1; enacted Code Section 4-4-113; amended Code Section 4-6-10; amended Code Section 4-10-7.2; redesignation Code Section 5-5-51; enacted
Code Section 6-3-21; amended Code Section 7-1-4; amended Code Section 7-1-37; amended Code Section 7-1-91; amended Code Section 7-1-237; amended Code Section 7-1-239; amended Code Section 7-1-239.1; enacted Code Section 7-1-241; amended Code Section 7-1-280; amended Code Section 7-1-590; amended Code Section 7-1-606; amended Code Section 7-1-608; amended Code Section 7-1-623; amended
648 984 984 658 1444 149 149 1079 643 643 643 1118 1118 1398 1118 149, 1000 1508 753, 782 753, 782 149 662, 665 149 , 1403 979 662, 665 149 704 149 704 149 1312 1649 258 149 258 1467 1241 1241
258 258 246 1506 246 149
XIV
INDEX
Code Section 7-1-651; amended Code Section 7-1-652; amended Code Section 7-1-681; amended Code Section 7-2-9; amended Code Section 7-2-11; amended Code Section 7-3-6; amended Code Section 7-4-3; amended Code Section 8-2-101; amended Code Section 8-2-104; amended Code Section 8-2-109; amended Code Section 8-2-109.1; redesignation Code Section 8-2-110; redesignation Code Section 8-2-217; amended Code Section 8-3-171; amended Code Section 8-3-172; amended Code Section 8-3-172; amended Code Section 8-3-180; amended Code Section 8-3-190.1; amended Code Section 9-2-61; amended Code Section 9-3-71; amended Code Section 9-3-72; amended Code Section 9-10-14; enacted Code Section 9-10-34; amended Code Section 9-10-151; amended Code Section 9-11-6; amended Code Section 9-11-17; amended Code Section 9-11-41; amended Code Section 9-13-8; amended Code Section 9-13-143; amended Code Section 9-14-45; amended Code Section 9-14-46; amended Code Section 9-14-53; amended Code Section 9-15-2; amended Code Section 10-1-16; enacted .... > .V` . sCode Section 10-1-32; amended Code Section 10-1-33; amended Code Section 10-1-36.1; enacted Code Sections 10-1-250 through 10-1-256; enacted Code Section 10-1-392; amended Code Section 10-1-393; amended Code Section 10-1-399; amended Code Section 10-1-410; amended Code Section 10-1-416; amended Code Sections 10-1-680 through 10-1-689; enacted Code Section 10-4-10; amended Code Section 10-4-12; amended Code Section 10-4-14; amended Code Section 10-5-3; amended Code Section 10-5-9; amended Code Section 10-9-5; amended Code Section 10-9-6; amended Code Section 10-9-15; amended
823 823 1131 149 149 249 698 221 221 221 149 149 149 149 818 1121 1121 818 1446 556 556 883 149 1406 648 656 546 1243 1042 283 283 283 1256 251 698 698 698 458 938 149, 938, 1183 642 149 947 1341 645 645 645 149 149 224 149 149
INDEX
Code Section 10-9-21; amended Code Section 11-1-201; amended Code Section 11-4-106; amended Code Section 11-9-310; amended Code Section 11-9-402; amended Code Section 11-9-403; amended Code Section 12-2-1; amended Code Section 12-2-2; amended Code Section 12-3-52; amended Code Sectiofi 12-3-53; amended Code Section 12-3-54; amended Code Sections 12-3-80 through 12-3-83; enacted Code Section 12-3-193; amended Code Section 12-3-194.1; enacted Code Sections 12-3-470 through 12-3-484; enacted Code Sections 12-3-500 through 12-3-502; enacted Code Sections 12-3-500 through 12-3-504; enacted Code Section 12-4-75; amended Code Section 12-4-143; amended Code Sections 12-5-120 through 12-5-138; amended and reenacted Code Section 12-5-282; amended Code Section 12-5-376.1; amended Code Section 12-6-23; enacted Code Section 12-7-8; amended Code Section 12-7-15; amended Code Section 12-7-17; amended Code Section 12-8-62; amended Code Section 12-8-64; amended Code Section 12-8-66; amended Code Section 12-8-68; amended Code Section 12-8-71; amended Code Section 12-8-75; amended Code Section 12-8-80; repealed Code Section 12-8-82; amended Code Section 12-8-83; enacted
Code Section 13-10-2; enacted Code Section 14-2-86; amended Code Section 14-2-98; amended Code Section 14-2-111; amended Code Section 14-2-112; amended Code Section 14-2-141; amended Code Section 14-2-152; amended Code Section 14-2-212; amended Code Section 14-2-231; amended Code Sections 14-2-232 through 14-2-235; enacted Code Section 14-2-394; enacted Code Section 14-8-10A; amended Code Section 14-8-31; amended Code Section 14-8-33; amended Code Section 14-8-34; amended Code Section 14-8-38; amended Code Section 14-8-41; amended
XV
*4^
1107
1517
1517
1465
1465
906
906
906
906 149> 488
449
"1 .700 1110
879
1975
1192 1465
I49 1077 1224 1224 1224
266 266 266 266 266 266 266 266 266 I948 1"2 1302 1302 1302 1302 1302 1302 1302 527 1281 1436 1436 1436 1436 1436 1436
XVI
INDEX
Code Section 14-8-42; amended
Code Section 14-9-20; amended
Code Section 14-10-13; amended
Code Section 15-1-9.1; amended
Code Section 15-3-4; amended
Code Section 15-5-4; amended
Code Section 15-6-3; amended
Code Section 15-6-17; amended
Code Section 15-6-25; amended
Code Section 15-6-28; amended
Code Section 15-6-28.1; amended
Code Section 15-6-34; enacted
Code Section 15-6-67; amended Code Section 15-6-88; amended Code Section 15-6-89; amended Code Section 15-7-25; amended Code Section 15-7-45; amended Code Section 15-9-2; amended Code Section 15-9-63; amended Code Section 15-9-64; amended Code Section 15-10-2; amended Code Section 15-10-2.1; amended Code Section 15-10-20; amended Code Section 15-10-43; amended Code Section 15-10-50; enacted Code Section 15-10-62; amended Code Section 15-10-63; amended Code Section 15-10-63.1; enacted Code Section 15-10-131; amended Code Section 15-10-137; amended Code Section 15-11-2; amended Code Section 15-11-3; amended Code Section 15-11-5; amended Code Section 15-11-9; amended Code Section 15-11-20; amended Code Section 15-11-21; amended Code Section 15-11-56; amended Code Section 15-12-1; amended Code Section 15-12-20; amended Code Section 15-12-40; amended Code Section 15-12-42; amended Code Section 15-12-65; amended Code Section 15-12-79; amended Code Section 15-12-122; amended Code Section 15-12-123; amended Code Section 15-12-125; amended Code Section 15-12-126; amended Code Section 15-16-20; amended Code Section 15-16-20.1; amended Code Section 15-18-17; amended Code Section 15-18-44; amended Code Section 15-19-2; amended
b --
14
1
...
6
--
2
14
14
28
. 44
43
1279
283
1130
149
149, 549
149
1105
1511
1247
932
932
1003
352
149, 636
627
636, 1003
149
149
417
1416
1416 ?. ... 283, 1313
149
149
149 1313
1313
149 512 887 149, 1511 1511 149 1053 1511 1511 1511 1511 430 430 434 149 149
INDEX
Code Section 15-21-4; amended ... Code Section 16-5-21; amended ... Code Section 16-5-24; amended ... Code Section 16-6-4; amended Code Section 16-7-21; amended .. Code Section 16-7-23; amended .. Code Section 16-7-45; amended ... Code Section 16-7-61; amended ... Code Section 16-8-41; amended ... Code Section 16-9-20; amended ... Code Section 16-9-52; amended ... Code Section 16-9-57; amended ... Code Section 16-9-110; enacted ... Code Section 16-10-22; amended .. Code Section 16-11-35; amended .. Code Section 16-11-62; amended . Code Section 16-11-64; amended . Code Section 16-11-65; amended . Code Section 16-11-106; amended Code Section 16-11-124; amended Code Section 16-11-130; amended Code Section 16-12-20; amended . Code Section 16-12-24; amended . Code Section 16-12-30; amended . Code Section 16-12-35; amended . Code Section 16-12-38; enacted .. Code Section 16-12-53; amended . Code Section 16-12-141.1; enacted Code Section 16-13-1; amended .. Code Section 16-13-4; amended .. Code Section 16-13-21; amended . Code Section 16-13-25; amended . Code Section 16-13-26; amended . Code Section 16-13-28; amended . Code Section 16-13-30; amended . Code Section 16-13-31; amended . Code Section 16-13-32.1; amended Code Section 16-13-41; amended . Code Section 16-13-43; amended . Code Section 16-13-56; enacted .. Code Section 16-13-71; amended . Code Section 16-13-78.1; enacted Code Section 16-13-78.2; enacted Code Section 16-14-5; amended ..
Code Section 17-4-40; amended .. Code Section 17-5-21; amended .. Code Section 17-6-1; amended ... Code Section 17-6-72; amended .. Code Section 17-7-130.1; enacted Code Section 17-7-131; amended Code Section 17-7-170; amended . Code Section 17-8-29; amended ..
XVII
149 .628 628
283 484, 1491 484, 1491
149 149 1036 708 149 411 692 1184 149 149 149 149 425 283 283 437 888 888 886 437 149 1421 149 1219 149 1219 1219 1219 149 .. 149, 552 149 . 149, 1219 1219 1219 1219 1219 1219 149 1105 1105 416 982 637 .. 283, 637 637 1406
XVIII
INDEX
Code Section 17-8-54; renumbered Code Section 17-8-54; enacted Code Section 17-8-55; renumbered Code Section 17-8-55; enacted Code Section 17-10-1.1; enacted Code Section 17-10-1.2; enacted Code Section 17-10-3; amended Code Section 17-10-4; amended Code Section 17-10-10; amended Code Section 17-10-12; amended Code Section 17-10-34; amended Code Section 17-10-38; amended Code Section 17-10-40; amended Code Section 17-10-44; amended Code Section 17-14-2; amended Code Section 17-14-13; amended Code Section 17-14-30; amended Code Section 18-4-20; amended Code Section 18-4-66; amended Code Section 18-4-97; amended Code Section 18-4-110; amended Code Section 18-4-118; amended Code Sections 18-4-130 through 18-4-135; enacted Code Section 19-6-2; amended Code Section 19-6-19; amended Code Sections 19-6-28 through 19-6-30; enacted Code Section 19-7-22; amended Code Section 19-7-43; amended Code Section 19-11-6; amended Code Section 19-11-7; amended Code Section 19-11-8; amended Code Section 19-11-20; amended Code Sections 19-11-25 and 19-11-26; enacted Code Section 19-11-53; amended Code Section 19-13-3; amended Code Section 19-13-6; enacted Code Section 20-1-5; enacted Code Title 20, Chapter 2, Article 6; replaced Code Section 20-2-37; repealed Code Section 20-2-38; repealed Code Section 20-2-54.1; amended Code Section 20-2-56; repealed Code Section 20-2-57; amended Code Section 20-2-61; repealed Code Sections 20-2-130 through 20-2-308; revised and enacted Code Section 20-2-180; amended Code Section 20-2-250; amended Code Section 20-2-299; amended Code Sections 20-2-320 through 20-2-331; enacted Code Section 20-2-411; amended Code Section 20-2-520; amended Code Section 20-2-624; amended
1190 1190 1190 1190
739 739 283 283 283 283 1463 283 1463 283 283 231 283 149, 785, 1632 1632 1632 1632 1632 785 877 279 785 279 279 785 785 785 785 -785 785 983 905 447 1657 1657 1657 149 1657 467 1657 1657 708 149 283 1657 149 149 149
INDEX
Code Section 20-2-670; repealed
Code Section 20-2-671; repealed
Code Section 20-2-690; amended
Code Section 20-2-720; repealed
Code Section 20-2-753; amended
Code Section 20-2-754; amended
Code Section 20-2-757; amended
Code Section 20-2-772; amended
Code Section 20-2-798; amended
Code Section 20-2-920; amended
Code Section 20-2-922; amended
Code Section 20-2-941; repealed
Code Section 20-2-982; amended
Code Section 20-2-986; amended
Code Section 20-2-1030; repealed
Code Section 20-2-1031; repealed
Code Section 20-2-1032; repealed
Code Section 20-2-1094; amended
Code Section 20-3-82; enacted
Code Section 20-3-131; amended
Code Section 20-3-411; amended
Code Section 20-3-412; amended
Code Section 20-3-475; amended
Code Section 20-3-513; amended
Code Section 20-3-514; amended
Code Section 20-4-62; amended
Code Section 20-4-63; amended
Code Section 20-4-72; amended
Code Section 20-4-79; amended
Code Section 20-4-100; amended
Code Section 20-5-48; amended
Code Section 20-5-49; amended
Code Section 20-5-54; amended
Code Sections 20-11-1 through 20-11-6; amended
Code Section 20-11-7; amended
Code Section 21-2-5; amended
Code Section 21-2-34; amended
Code Section 21-2-132; amended
Code Section 21-2-134; amended
Code Section 21-2-139; amended
Code Section 21-2-153; amended
Code Section 21-2-154; amended
Code Section 21-2-155; amended
Code Section 21-2-212; amended
Code Section 21-2-213; amended
Code Section 21-2-217; amended
Code Section 21-2-218; amended
Code Section 21-2-227; amended
Code Section 21-2-228; amended
Code Section 21-2-231; amended
Jfc
Code Section 21-2-232.2; repealed
Code Section 21-2-233; amended
XIX
I657
1657
149
1657
149
149
149
424
I 1615
149
149
1657
149
149 1657
1657
1657
149
1654
149
283
550
450
283, 1122
1122
990
990
990
990
149
149
149
149
......... 149
149
496
496
496
1430
496
206, 496
496
1430
1236, 1318
496
206, 632
206, 496
496
496
632
496
496
XX
INDEX
Code Section 21-2-238; amended Code Section 21-2-240; amended Code Section 21-2-270; enacted Code Section 21-2-359; amended Code Section 21-2-381; amended Code Section 21-2-384; amended Code Section 21-2-385; amended Code Section 21-2-404; amended Code Section 21-2-413; amended Code Section 21-2-414; amended Code Section 21-2-415; amended Code Section 21-3-478; amended Code Section 21-2-502; amended Code Section 21-2-566; amended Code Section 21-2-587; amended Code Section 21-2-598; amended Code Section 21-3-120; amended Code Section 21-3-121; amended Code Section 21-3-123; amended Code Section 21-3-133; amended Code Section 21-3-133.1; repealed Code Section 21-3-134; amended Code Section 21-3-135; amended Code Section 21-2-218; amended Code Section 21-3-284; amended Code Section 21-3-285; amended Code Section 21-3-320; amended Code Section 21-3-321; amended .... Code Section 21-3-322; amended Code Section 21-3-466; amended Code Section 21-3-476; repealed Code Section 21-5-5; amended Code Section 21-5-5.1; amended Code Section 24-9-61; amended Code Section 24-9-61.1; enacted Code Section 24-9-102; amended Code Section 24-10-27; amended Code Section 24-10-60; amended Code Section 24-10-93; amended Code Section 25-2-12; amended Code Section 25-2-13; amended Code Section 25-3-21; amended Code Section 25-3-23; amended Code Section 25-3-26; amended Code Section 25-4-3; amended Code Section 25-4-6; amended Code Section 25-4-8; amended Code Section 25-4-9; amended Code Section 25-4-31; amended Code Section 26-2-22; amended Code Section 26-2-88; amended Code Section 26-2-233; amended
.......
206 206 1316 206 632 206, 496, 632 496 206 496 632 1328 283 206 206 206 283 1236, 1318 496 1318 206 496 496 496 1318 206, 496 496 496 632 1328 206 1508 206 206 744 744 149 407 283 283 721 149, 869, 936, 1642 1493 149 149 1493 1493 283 1493 1493 149 149 149
INDEX
Code Section 26-2-370; amended
Code Section 26-2-375; amended
Code Section 26-3-8; amended
Code Section 26-4-50; amended
Code Section 26-4-111; amended
Code Section 26-4-131; amended
Code Section 26-4-143; amended
Code Section 26-4-144; amended
Code Section 26-4-146; amended
Code Sections 26-5-2 through 26-5-18; amended
Code Section 27-1-2; amended
Code Section 27-1-6; amended
Code Section 27-1-36; amended
Code Section 27-1-37; amended
Code Section 27-2-23; amended
Code Section 27-2-25; amended
Code Section 27-2-25.1; amended
Code Section 27-3-73; amended
Code Section 27-4-113; amended
Code Section 27-4-170; amended
Code Section 27-4-171; amended
Code Section 27-4-193; amended
Code Section 27-5-4; amended
Code Section 27-5-5; amended
i
Code Section 27-5-8; amended
Code Section 27-5-9; amended
Code Section 27-5-11; enacted
Code Section 28-1-8; amended
Code Section 28-2-1; amended
Code Section 28-3-24; amended
Code Section 28-4-2; amended
Code Section 28-4-8; repealed
Code Section 28-5-41; repealed
Code Section 28-5-42; amended
Code Section 28-5-43; repealed
Code Section 28-5-60.1; enacted
Code Section 28-8-1; amended
Code Title 28, Chapter 9; enacted
Code Sections 28-9-1 through 28-9-4; enacted
Code Section 28-9-5; enacted
Code Section 30-3-2; amended
Code Section 30-3-3; amended
Code Section 30-3-4; amended
Code Section 30-3-5; amended
Code Section 30-5-5; amended
Code Section 31-3-2; amended
Code Section 31-3-2.1; enacted
Code Section 31-3-4; amended
Code Section 31-3-5; amended
Code Section 31-5-10; enacted
Code Section 31-6-21; amended
Code Section 31-6-21.1; enacted
XXI
660
660
I4 149 149 149 149 149 149 476 913, 1047 691 149 149 913, 1047 149 149, 894 149 1047 1047 1047 149 913 913 913 913 913 1055 1472 511 669 675 1331 1331 1331 900 283 1283 197 202 863 149, 863 863 149, 863 149 149 384 419 149 388 829 829
XXII
INDEX
Code Section 31-6-48; amended Code Section 31-6-49; amended Code Section 31-6-50; amended Code Section 31-6-70; enacted Code Section 31-7-9; amended Code Section 31-7-12; amended Code Section 31-7-22; amended Code Section 31-7-57; amended Code Section 31-7-94; amended Code Section 31-7-114; amended Code Section 31-7-118; amended Code Section 31-7-120; amended Code Section 31-7-131; amended Code Section 31-7-133; amended Code Section 31-7-153; amended Code Section 31-7-193; amended Code Section 31-7-194; amended Code Section 31-7-198; amended Code Sections 31-7-250 through 31-7-264; enacted Code Section 31-8-1; amended Code Section 31-8-6; amended Code Section 31-8-8; amended Code Section 31-8-31; amended Code Sections 31-8-40 through 31-8-46; amended Code Section 31-8-43.1; enacted Code Section 31-8-106; amended Code Section 31-8-114; amended Code Section 31-8-116; amended Code Section 31-8-125; amended Code Section 31-8-126; amended Code Section 31-10-15; amended Code Section 31-11-2; amended Code Section 31-11-9; amended Code Section 31-11-36; amended Code Section 31-13-7; amended Code Section 31-14-3; amended Code Section 31-14-7; amended Code Section 31-14-8; amended Code Section 31-14-10; amended Code Section 31-14-11; amended Code Section 31-14-12; amended Code Section 31-14-13; amended Code Section 31-15-3; amended Code Section 31-16-3; amended Code Section 31-16-4; amended Code Section 31-16-5; amended Code Section 31-17-8; amended Code Sections 31-18-1 through 31-18-4; amended Code Section 31-18-4; amended Code Section 31-20-3; amended Code Section 31-22-4; amended Code Section 31-22-9; amended
149 149 149 827 898 952 149 149 149 149 149 149 149 149 149 149 149 149 952 149 149 149 149 829 829 149 149 149 149 149 1417 149 149 149 149 620 620 620 620 620 620 149, 620 1186 1413 1413 149, 1413 149 871 149 1134 149 149
Code Section 31-26-6; amended
Code Section 31-26-7; amended
Code Section 31-27-5; amended
Code Section 31-27-11; amended
Code Section 31-28-6; amended
Title 31, Chapter 32; redesignation as Title 31, Chapter 33
Code Section 31-32-9; amended
Code Section 32-1^7; amended
Code Section 32-2-3; amended
Code Section 32-2-75; amended
Code Section 32-3-1; amended
Code Section 32-3-17.1; amended
Code Section 32-4-42; amended
Code Section 32-6-2; amended
Code Section 32-6-24; amended
Code Section 32-6-27; amended
Code Section 32-6-75.1; amended
Code Section 32-6-76; amended
Code Section 32-6-79; amended
Code Section 32-6-194; amended
Code Section 32-6-197; amended
Code Sections 32-6-220 through 32-6-225; repealed
Code Section 32-6-223; amended 4
Code Section 32-10-1; amended
Code Section 32-10-32; amended
Code Section 32-10-40; amended
Code Section 32-10-92; amended
Code Section 32-10-100; amended
Code Section 33-1-9; amended
Code Section 33-1-14; enacted
Code Section 33-2-15; amended
Code Section 33-3-6; amended
Code Section 33-3-22; amended
Code Section 33-4-4; amended
Code Section 33-5-22; amended
Code Section 33-5-25; amended Code Section 33-5-34; amended Code Section 33-5-53; amended
Code Section 33-6-5; amended
Code Section 33-7-11; amended
Code Section 33-8-1; amended
Code Section 33-8-3; amended
Code Section 33-8-8.2; amended
Code Section 33-9-21; amended
Code Section 33-9-32; amended
Code Section 33-10-8; amended
Code Section 33-10-13; amended
Code Section 33-11-19.1; enacted
Code Section 33-11-35; amended
Code Section 33-11-36; amended
.149 .149 .149 .149 . .149 . .149 . .455 .. 149 ...149 ...149 ... 149 ... 149 ....283 .... 149 ...1002 ....149
149 149 149 .....149 .149 469,1499
149 149 149 .......149 149
149 723 ...723 .......1087
149 228
........1399
1239
..1239
1399
1399
464,1227
149
1399
1399 .....149
149
994
1087
149
1104
149
...
149
XXIV
INDEX
Code Section 33-14-61; amended Code Section 33-15-7; amended Code Section 33-15-23; amended Code Section 33-22-13; amended Code Section 33-22-14; amended Code Section 33-22-16; amended Code Section 33-23-42; amended Code Section 33-24-51; amended Code Section 33-25-4; amended Code Section 33-27-1; amended Code Section 33-27-2; amended Code Section 33-27-3; amended Code Section 33-29-2; amended Code Section 33-29-4; amended Code Section 33-30-12; enacted Code Section 33-34-10; amended Code Section 33-34-10.1; redesignation as Code Section 33-34-10.2 Code Section 33-34-12; amended Code Section 33-34-13; repealed Code Section 33-34-15; enacted Code Section 33-35-16; amended Code Section 33-36-2; amended Code Section 33-36-3; amended Code Section 33-36-4; amended Code Section 33-36-7; amended Code Section 33-36-18; enacted Code Section 33-37-17; amended Code Section 33-39-2; amended Code Section 33-39-3; amended Code Section 34-2-14; amended Code Section 34-2-15; repealed Code Section 34-8-7.1; amended Code Section 34-8-11; amended Code Section 34-8-14; amended Code Section 34-8-19; enacted Code Section 34-8-38; amended Code Section 34-8-51; amended Code Section 34-8-73; amended Code Section 34-8-74; amended Code Section 34-8-75; amended Code Section 34-8-76; amended Code Section 34-8-77; amended Code Section 34-8-122; amended Code Section 34-8-127; amended Code Section 34-8-132; amended Code Section 34-8-152; amended Code Section 34-8-153; amended Code Section 34-8-158; amended Code Section 34-8-174; amended Code Section 34-9-13; amended Code Section 34-9-100; amended Code Section 34-9-130.1; amended
149 1399 1399
149 149 1087 1087 1054 149 616 998 149 149 149 1039 149 149 891 891 935 1087 1485 1485 1485 1485 1485 1087 149 149 708 708 149, 708 708 708 536 708 696, 1357 708 708 708 708 708 708 708 708 901 696 149 708 149, 727 727 149
INDEX
Code Section 34-9-200; amended Code Section 34-9-200.1; enacted Code Section 34-9-205; amended Code Section 34-9-206; enacted Code Section 34-9-221; amended Code Section 34-9-261; amended Code Section 34-9-262; amended Code Section 34-9-263; amended Code Section 34-9-265; amended Code Section 34-9-351.1; enacted Code Section 34-9-356; amended Code Section 34-9-359; amended Code Section 34-9-360; amended Code Section 34-9-362; amended Code Section 34-9-363; amended Code Section 34-10-16; amended Code Section 34-11-3; amended Code Section 34-11-4; amended Code Section 34-11-5; amended Code Section 34-11-7; amended Code Section 34-11-8; amended Code Section 34-11-9; amended Code Section 34-11-14; amended Code Section 34-11-16; amended Code Sections 34-12-1 through 34-12-20; enacted Code Section 35-1-8; amended Code Section 35-2-1; amended
Code Section 35-2-40; amended Code Section 35-2-41; amended Code Section 35-2-41.1; enacted Code Section 35-3-4; amended Code Section 35-3-9.1; enacted Code Section 35-3-9.2; enacted Code Section 35-3-30; amended Code Section 35-3-36; amended Code Section 35-5-6; amended Code Section 35-6A-3; amended Code Section 35-8-2; amended Code Section 35-8-3; amended Code Section 35-8-7; amended Code Sections 35-8-7.1 and 35-8-7.2; enacted Code Section 35-8-20; amended Code Section 36-9-10; amended Code Section 36-12-5; amended Code Section 36-15-9; amended Code Section 36-17-20; amended Title 36, Chapter 19; redesignated as Title 36, Chapter 65 Code Section 36-32-5; amended Code Section 36-32-7; enacted Code Section 36-32-8; enacted
Code Section 36-34-5; amended Code Section 36-41-3; amended
XXV
....727 ....727 ....727 ....727 ...727
727 727 149, 727 727 ... 1426 ... 1426 ....1426 ....1426 ....1426 ....1426 355 213 213 213 213 . 149, 213 213 213 149 .... 1453 ....1128 283 486 486 486 149 552 552 149
149 283 .283, 544 283 283 539 539 149 1053 .265, 283 999 149 149 1391 891 1390 1393 391
XXVI
INDEX
Code Section 36-41-5; amended Code Section 36-41-6; amended Code Section 36-41-7; amended Code Section 36-41-8; amended Code Section 36-41-9; amended Code Section 36-41-10; amended Code Section 36-41-11; amended Code Title 36, Chapter 44; enacted Code Section 36-62-4; amended Code Sections 36-66-1 through 36-66-5; enacted Code Section 36-82-7; amended Code Section 36-82-121; amended Code Section 36-82-140; amended Code Sections 36-82-180 through 36-82-199; enacted Code Section 37-3-43; amended Code Section 37-3-81; amended Code Section 37-3-82; amended Code Section 37-3-100; amended Code Section 37-3-122; amended Code Section 37-4-40; amended Code Section 37-4-42; amended Code Section 37-4-60; amended Code Section 37-4-82; amended Code Section 37-7-43; amended Code Section 37-7-81; amended Code Section 37-7-82; amended Code Section 37-7-100; amended Code Section 37-7-122; amended Code Section 37-7-166; amended Code Section 37-8-4; amended Code Section 37-8-53; amended Code Section 37-9-2; amended Code Section 37-9-5; amended Code Section 38-2-2; amended Code Section 38-2-3; amended Code Section 38-2-23; amended Code Section 38-2-50; amended Code Section 38-2-51; amended Code Section 38-2-52; amended Code Section 38-2-53; amended Code Section 38-2-54; amended Code Section 38-2-391; amended Code Section 38-2-571; amended Code Section 38-3-20; amended Code Section 40-2-6; amended Code Section 40-2-20; amended Code Section 40-2-25; amended Code Section 40-2-25.1; enacted Code Section 40-2-27; amended Code Section 40-2-29.3; enacted Code Section 40-2-30; amended Code Section 40-2-31; amended
391
391
391
391
391
391
.
391
1360
390
1139
1461
149
149
1143
1024
1024
1024
873
875
926
926
149
875
1024
1024
1024
873
875
996
283
1185
987
887
356
356
356
356
356
356
356
356
356
356
468
149
1^8
1^8
883
149, 537
^0
1^8
1^8
INDEX
XXVII
Code Section 40-2-34; repealed Code Section 40-2-36; amended Code Section 40-2-41; amended Code Section 40-2-42; amended Code Section 40-2-60; amended Code Section 40-2-62; amended Code Section 40-2-63; amended Code Section 40-2-65; amended Code Section 40-2-66; amended Code Section 40-2-67; amended Code Section 40-2-68; amended Code Section 40-2-69; amended Code Section 40-2-71.1; amended Code Section 40-2-72; amended Code Section 40-2-73; amended Code Section 40-2-74; amended Code Section 40-2-75; amended Code Section 40-2-77; amended Code Section 40-2-90; amended Code Section 40-2-114; amended Code Section 40-2-132; amended Code Section 40-3-4; amended Code Section 40-3-6; amended Code Section 40-3-22; amended Code Section 40-3-26; amended Code Section 40-3-29.1; enacted Code Section 40-3-30; amended Code Section 40-3-32; amended Code Section 40-3-33; amended Code Section 40-3-35; amended Code Section 40-3-35.1; amended Code Section 40-3-36; amended Code Section 40-3-37; amended Code Section 40-3-38; amended Code Section 40-3-53; amended Code Section 40-3-54; amended Code Section 40-3-56; amended Code Section 40-3-71; amended Code Section 40-3-90; amended Code Section 40-4-6; amended Code Section 40-4-20; amended Code Section 40-5-2; amended Code Section 40-5-5; amended Code Section 40-5-24; amended
Code Section 40-5-26; amended Code Section 40-5-33; amended Code Section 40-5-53; amended Code Section 40-5-55; amended Code Section 40-5-57; amended Code Section 40-5-57.1; enacted Code Section 40-5-58; amended Code Section 40-5-62; amended
149 I49
149, 1276
1278
261
261
261
149
261
149
149
149
1278
149
261
261
261
261
-
'
149
149
149
1271
149
149, 1271
149
893
149
149
149
1227
1227
485
485
149
149
149
149
149
149
149
149
149, 1182, 1339
149
149
758
149
149
630, 758
758
758
. :
758
758
XXVIII
INDEX
Code Section 40-5-63; amended Code Section 40-5-64; amended Code Section 40-5-70; amended Code Section 40-5-71; amended Code Section 40-5-82; amended Code Section 40-5-83; amended Code Section 40-5-84; amended Code Section 40-5-85.1; enacted Code Section 40-5-85.2; enacted Code Section 40-5-88; enacted Code Section 40-6-3; amended Code Section 40-6-9; amended Code Section 40-6-21; amended Code Section 40-6-24; amended Code Section 40-6-41; amended Code Section 40-6-123; amended Code Section 40-6-124; amended Code Section 40-6-163; amended Code Section 40-6-187; amended Code Section 40-6-206; amended Code Section 40-6-222; amended Code Section 40-6-225; amended Code Section 40-6-245; amended Code Section 40-6-270; amended Code Section 40-6-311; amended Code Section 40-6-316; amended Code Section 40-6-391; amended Code Section 40-6-394; amended Code Section 40-6-395; amended Code Section 40-7-2; amended Code Section 40-8-5; amended Code Section 40-8-73.1; amended Code Section 40-8-76; amended Code Section 40-8-90; amended Code Section 40-8-151; amended Code Section 40-8-153; amended Code Section 40-8-156; amended Code Section 40-8-158; amended Code Section 40-8-159; amended Code Section 40-8-159.1; enacted Code Section 40-8-161; amended Code Section 40-9-10; redesignation Code Section 40-9-32; amended Code Section 40-9-38; amended Code Section 40-9-39; amended Code Section 40-9-61; amended Code Section 40-9-101; amended Code Section 40-10-3; amended Code Section 40-10-9; amended Code Section 40-11-1; amended Code Section 40-11-2; amended Code Section 40-11-5; amended
149, 758 149, 758 149, 758
758 149 409, 758 149, 758 758 758 758 758 149 149 149 149 149 149 1175 149 149 149 558 149 758 149 149 149, 758 758 758 149 149 149 149 149 149 1092 1092 1092 1092 1092 1092 149 1647 149 149 149 089 149 149 1265 1265 1265
INDEX
XXIX
Code Section 40-13-1; amended Code Section 40-13-23; amended Code Section 40-13-26; amended Code Section 40-13-32; amended Code Section 40-13-61; amended Code Section 40-14-10; amended Code Section 42-1-2; amended Code Section 42-1-4; enacted Code Section 42-2-1; amended Code Section 42-2-4; amended Code Section 42-2-6; amended Code Section 42-3-3; amended Code Section 42-3-5; amended Code Section 42-3-15; amended Code Section 42-3-18; amended Code Section 42-3-19; amended Code Section 42-3-24; amended Code Section 42-3-27; amended Code Section 42-3-29; amended Code Section 42-3-31; amended Code Section 42-4-30; amended Code Section 42-5-1; amended Code Section 42-5-8; amended Code Section 42-5-36; amended Code Section 42-5-41; enacted Code Section 42-5-50; amended Code Section 42-5-51; amended Code Section 42-5-53; amended Code Section 42-5-60; amended Code Section 42-6-1; amended Code Section 42-6-23; amended Code Title 42, Chapter 7; revised Code Section 42-7-2; amended Code Section 42-7-3; amended Code Section 42-7-12; amended Code Section 42-8-2; amended
Code Section 42-8-21; amended Code Section 42-8-22; amended Code Section 42-8-37; amended Code Section 42-8-60; amended Code Section 42-8-62; amended Code Section 42-8-65; amended Code Section 42-8-80; amended Code Section 42-8-81; amended Code Section 42-8-82; amended Code Section 42-8-83; amended Code Section 42-8-84; enacted Code Section 42-9-1; amended Code Section 42-9-2; amended Code Section 42-9-12; amended Code Section 42-9-21.1; enacted Code Section 42-9-42; amended
-- v-
149 149 149 149 449 149
149> 283 1259, 1483
283 283 283 149 283 283 283 283 283 283 283 449 449
449> 283
449
149, 283
1113
149
149, 283
283 449
449> 283
283
429 283
283 449
283
449> 283
283 348
389 283
>
283, 380
283
283
283
283> "^98 -449 I49
283
449
*v -44^3 414
XXX
INDEX
Code Section 42-9-45; amended Code Section 42-9-47; amended Code Section 42-9-60; amended Code Section 42-10-3; amended Code Section 42-10-4; amended Code Section 42-10-5; amended Code Section 42-11-3; amended Code Section 43-5-8; amended Code Section 43-5-9; amended Code Section 43-7-11.1; enacted Code Section 43-7-12.1; enacted Code Section 43-7-13; amended Code Section 43-7-13.1; enacted Code Section 43-7-16; amended Code Section 43-7-24.1; enacted Code Section 43-8-12; amended Code Section 43-10-1; amended Code Section 43-10-2; amended Code Section 43-10-4; repealed Code Section 43-10-6; amended Code Section 43-10-8; amended Code Section 43-10-9; amended Code Section 43-10-10; amended Code Section 43-10-11; amended Code Section 43-10-12; amended Code Section 43-10-13; amended Code Section 43-10-14; amended Code Section 43-10-17; amended Code Section 43-10-18.1; enacted Code Section 43-10-19; amended Code Section 43-18-40; amended Code Section 43-18-41; amended Code Section 43-18-42; repealed Code Section 43-18-43; amended Code Section 43-18-76.1; enacted Code Section 43-18-77; amended Code Title 43, Chapter 36; revised Code Section 43-40-1; amended Code Section 43-40-2; amended Code Section 43-40-8; amended Code Section 43-40-9; amended Code Section 43-40-10; amended Code Section 43-40-11; amended Code Section 43-40-12; amended Code Section 43-40-19; amended Code Section 43-40-20; amended Code Section 43-40-22; amended Code Section 43-40-24; amended Code Section 43-40-25; amended Code Section 43-40-27; amended Code Section 43-40-29; amended Code Section 43-40-30; amended
283 739 149, 283 283 283 283 283 985 985 1419 1419 1419 1419 1419 1133 657 1057 1057 1057 1057 1057 1057 1057 1057 1057 1057 1057 1057 1057, 1133 1057 1447 1447 1447 1447 1447 1447 1008 360 360 360 360 360 360 360 360 360 360 360 360 360 360 360
INDEX
XXXI
Code Section 43-47-8; amended
Code Section 43-47-14; amended
Code Section 43-50-26; amended
Code Section 43-51-2; amended
Code Section 43-51-15; amended
Code Section 44-3-139; amended
Code Section 43-3-140; amended
Code Section 44-3-141; amended
Code Section 44-3-149; amended
Code Section 44-3-171; amended
Code Section 44-3-172; amended
Code Section 44-3-173; amended
Code Section 44-3-174; amended
Code Section 44-3-193; amended
Code Section 44-3-196; amended
Code Section 44-3-201; amended
Code Sections 44-4-20 through 44-4-31; revised and enacted
Code Section 44-5-113; amended
Code Section 44-5-115; amended
Code Section 44-5-191; amended
Code Section 44-6-166.1; amended
Code Section 44-6-190; amended
Code Section 44-7-56; amended
Code Section 44-10-2; amended
Code Section 44-12-193; amended
Code Section 44-12-194; amended
Code Section 44-12-195; amended
Code Section 44-12-197; amended
Code Section 44-12-198; amended
Code Section 44-12-199; amended
Code Section 44-12-200; amended
Code Section 44-12-211; amended
Code Section 44-14-360; amended
Code Section 44-14-361; amended
Code Section 44-14-361.1; amended
Code Section 44-14-361.3; amended
Code Section 44-14-363; amended
Code Section 44-14-365; amended
Code Section 44-14-494; amended
Code Section 44-15-4; amended
Code Section 45-5-111; amended
Code Section 45-7-4; amended
Code Section 45-7-21; amended
Code Section 45-9-4.1; enacted
.,,
Code Section 45-9-41; amended
Code Section 45-9-83; amended
.'
Code Section 45-9-86; amended
Code Section 45-9-110; enacted
Code Section 45-10-23; amended
Code Section 45-10-25; amended
Code Section 45-10-70; enacted
, :
Code Section 45-11-10; amended
975 975 406 432 432 149 149 149 149 149 149, 856 149 856 856 856 856 650 819 819 149 149 149 149 149 1097 1097 1097 1097 1097 149, 283, 912, 1097 1097 1097 1322 1322 1322 1322 1107 1322 149 149 819 283, 493, 524, 672 283 1117 283 283 413 973 882 149, 1034 427 617
XXXII
INDEX
Code Section 45-12-78; amended
Code Section 45-12-93; amended
Code Section 45-16-1; amended
Code Section 45-16-4; amended
Code Section 45-16-6; amended
Code Section 45-16-7; amended
Code Section 45-16-8; amended
Code Section 45-16-9; amended
Code Section 45-16-22; amended
Code Section 45-16-24; amended
Code Section 45-16-25; amended
Code Section 45-16-26; amended
Code Section 45-16-27; amended
Code Section 45-16-29; amended
Code Section 45-16-30; amended
Code Section 45-16-31; amended
Code Section 45-16-32; amended
Code Sections 45-16-60 through 45-16-67; enacted
Code Section 45-17-2; amended
Code Section 45-17-2.1; amended
Code Section 45-17-2.2; amended
Code Section 45-17-6; amended
Code Section 45-17-8.1; amended
Code Section 45-17-20; amended
Code Sections 45-18-50 through 45-18-58; enacted
Code Section 45-19-23; amended
Code Section 45-19-36; amended
Code Section 45-20-2; amended
Code Section 45-20-3.1; enacted
Code Section 45-20-8; amended
Code Section 45-20-11; amended
Code Section 45-20-15; amended
Code Section 45-20-31; amended
Code Section 46-1-1; amended
Code Section 46-1-2; amended
Code Section 46-3-131; amended
Code Section 46-3-424; amended
Code Section 46-4A-3; amended
Code Section 46-5-22; enacted
Code Section 46-5-74; amended
Code Section 46-5-88; amended
Code Section 46-5-90; amended
Code Section 46-5-122; amended
>
Code Section 46-7-29; amended
Code Section 46-7-68.1; amended
Code Section 46-7-71; amended
Code Section 46-9-6; amended
Code Title 46, Chapter 9, Articles 9 and 10; enacted
Code Section 46-10-3; amended
Code Section 46-10-3.1; enacted
Code Section 46-10-9; amended
Code Sections 46-11-1 through 46-11-6; enacted
149, 669 252 843 843 843 843 843 843 843 1073 843 843 1073 1073 843 843 843 797 1469 1469 1469 1469
.1469 149 441 149 149 547 1250 149 1120 149 149 1394 149 149 149 149 1310 149 149 149 149 1126 149 1126 149 1283 494 494 494
469, 1499
INDEX
XXXIII
Code Section 47-1-9; enacted Code Section 47-1-10; enacted Code Sections 47-1-20 through 47-1-23; enacted Code Section 47-2-1; amended Code Section 47-2-2; amended Code Section 47-2-54; amended Code Section 47-2-91; amended Code Section 47-2-110; amended Code Section 47-2-123; amended Code Section 47-2-220; amended Code Section 47-2-296; amended Code Section 47-2-334; amended Code Section 47-3-21; amended Code Section 47-3-60; amended Code Section 47-3-66; amended Code Section 47-3-87.1; amended
Code Section 47-3-120; amended Code Section 47-5-42; amended Code Section 47-6-1; amended Code Section 47-7-1; amended
Code Section 47-7-40; amended Code Section 47-7-102; amended Code Section 47-10-40; amended Code Section 47-11-71.1; amended Code Section 47-16-21; amended Code Section 47-16-101; amended Code Section 47-16-102; amended Code Section 47-20-3; amended Code Section 47-20-10; amended Code Section 47-20-30; amended Code Section 47-20-32; amended Code Section 48-2-18; amended Code Section 48-2-49; amended Code Section 48-2-55; amended Code Section 48-3-6; amended Code Section 48-3-7; amended Code Section 48-4-1; amended -- Code Section 48-5-7.1; amended Code Section 48-5-48; amended Code Section 48-5-54; amended Code Section 48-5-56; enacted Code Section 48-5-100; repealed Code Section 48-5-120; repealed Code Section 48-5-137; amended Code Section 48-5-165; enacted Code Section 48-5-183; amended Code Section 48-5-210; enacted Code Section 48-5-306; amended Code Section 48-5-478; amended Code Section 48-7-82; amended Code Section 48-7-102.1; enacted Code Section 48-7-161; amended
.1334 ... ? .1638
1624
209
209
.........
.... 209 ; 1624
. . .
.283
209
*' 283
*
209, 283
209
-
209
209
.209
209
.209
-
209, 1359
209 209
- 209
209
209
-
209
--
514
.1348
-
* 209
. . .- 209
209
--
146
1*6
149
1350
931
1243
1243
1243
149
149
149
*
; 1262
489
"
489
1115,1492
537
'
456
489
1262
149
1350
1411
785
XXXIV
INDEX
Code Section 48-7-165; amended Code Section 48-8-3; amended Code Section 48-8-3; amended Code Section 48-8-6; amended Code Section 48-8-64; amended Code Section 48-8-89.1; amended Code Section 48-8-90; amended Code Sections 48-8-110 through 48-8-121; enacted Code Section 48-8-111; amended Code Section 48-9-3; amended Code Section 48-9-12; amended Code Section 48-9-13; amended Code Section 48-9-41; amended Code Section 48-10-2; amended Code Section 48-10-3.1; amended Code Section 48-13-33; amended Code Section 48-13-34; amended Code Section 48-13-36; amended Code Section 48-14-3; amended Code Section 49-4-142; amended Code Section 49-4-146.1; amended Code Section 49-5-7; amended Code Section 49-5-8; amended Code Section 49-5-11; amended Code Section 49-5-14; repealed Code Sections 49-5-60 through 49-5-74; amended Code Section 49-6-61; amended Code Section 49-6-62; amended Code Section 50-5-10; amended Code Section 50-5-31; amended Code Section 50-5-32; amended Code Section 50-5-73; amended Code Section 50-6-27; amended Code Section 50-7-8; amended Code Section 50-8-2; amended Code Section 50-9-2; amended Code Section 50-9-5; amended Code Section 50-9-9; amended Code Section 50-10-3; amended Code Section 50-10-4; amended Code Section 50-10-5; amended Code Section 50-10-7; amended Code Section 50-10-17; amended Code Section 50-11-10; amended Code Section 50-13-2; amended Code Section 50-16-34; amended Code Section 50-16-43; amended Code Section 50-16-122; amended Code Section 51-1-30; amended Code Section 51-1-30.1; amended Code Section 51-1-37; enacted Code Section 51-2-7; amended
785 49-1, 624 625, 1177
232 1350
149 232 232 868 1644 .. 1644 1350 1350
1 149 708 708 708 149 517 1395 283 518 283 1642 963 149 149 708 283, 949 949 283 668 428 149 224 224, 745 554 149 252 252 252 252 149 283 1408, 1423 149 1424 149 149 1008 1033
liH'jUjj,
INDEX
XXXV
Code Section 51-4-2; amended Code Section 51-4-3; repealed Code Section 51-4-5; amended Code Section 52-7-8; amended Code Section 53-3-12; amended Code Section 53-3-13; amended Code Section 53-3-60; enacted Code Section 53-3-61; enacted Code Section 53-4-2; amended Code Section 53-4-3; repealed Code Section 53-7-140; amended
1253 1253 1253
149 149 1650 1650 1650 1257 1257 149
CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS
Albany Dougherty Payroll Development Authority
3904
Ashburn; tax for promotion of industry
4148
Athens-Clarke County Industrial Development Authority
4134
Athens-Clarke County school system
4165
Bowdon; homestead exemption on city ad valorem taxes
4814
Brunswick-Glynn County Charter Commission
3603
Cairo Development Authority
3780
Carrollton Payroll Development Authority
3987
Cedartown Development Authority
5341
Central Valdosta Development Authority
3871
Chatham County; recorder's court; creation
4658
Chatham County; recorder's court; jurisdiction
4150
Chattooga County; local sales and use tax for education
4447
City of Cairo Development Authority
3780
Clarke County-Athens school system
4165
Clarkesville; homestead exemption for persons 65 or older
4208
Clarkesville; nonprofit housing for elderly persons
4210
Clarkesville Industrial Building Authority
4212
College Park Business and Industrial Development Authority
5311
Colquitt County; board of education; school superintendent
4747
Colquitt County; license fees and occupational taxes
4433
Coweta County and municipalities therein; ad valorem tax exemption of certain
personal property
3921
Coweta County; board of education; leases and contracts
4177
Coweta County; water, sanitation, sewerage, and fire districts
4175
Coweta County Development Authority
4173
Coweta County-Newnan schools merged
4171
Crisp County; hydro-electric power bonds
3810, 3812
Dawson County Industrial Building Authority
4117
Decatur County-Bainbridge Industrial Development Authority
3928
DeKalb County and municipalities therein; alcoholic beverage tax for educational
purposes
3730
DeKalb County; board of education; elections
4078
DeKalb County; civil service and merit system
3771
DeKalb County; garbage disposal; sanitation districts
3712
DeKalb County; medical examiner
3800
DeKalb County; ordinances; penalties; business licenses; recorder's court
4279
DeKalb County; payment for personal property damaged by county employees . 5006
XXXVI
INDEX
DeKalb County; recorder's court; jurisdiction
4277
DeKalb County; street improvements in subdivisions
3728
DeKalb County; tax for educational purposes
4080
Douglas-Coffee County Industrial Authority
5300
Downtown Bainbridge Development Authority
3930
Downtown Camilla Development Authority
4936
Evans County Industrial Development Authority
4232
Forsyth County Board of Education
3704
Fitzgerald and Ben Hill County Development Authority
5190, 5326
Franklin County Industrial Building Authority
5186
Glynn County; Brunswick-Glynn County Charter Commission
3603
Greene County; board of education
4248
Greene County Development Authority
4246
Griffin-Spalding County Development Authority
3845
Habersham County; board of education; borrowing funds
4205
Habersham County Industrial Development Authority
4207
Hart County Industrial Building Authority
4453
Henry County; ad valorem tax exemption of capital improvements of new
manufacturing establishments
5171
Henry County and municipalities therein; ad valorem tax exemption or personal
property in transit
3938
Henry County and municipal corporations within Henry County; ad valorem
tax exemption on tangible personal property in transit
5178
Henry County; board of education; composition
3932
Henry County; water and sewer bonds
3936
Henry County; water and sewer tax
3940
Henry County; water or water and sewerage revenue bonds
5159
Henry County Development Authority
3831
Houston County; board of education; grants for handicapped citizens
4329
Houston County; branch offices for county government and board of education .. 4869
Houston County; special court
4871
Houston County Development Authority
4873
Lowndes County; ad valorem tax exemption for real property of historical
interest
v . ...
. 3661
Lowndes County; assessments for street improvements
3657
Lowndes County; board of education
4132
Lowndes County; board of tax assessors
3888
Lowndes County; combined city-county revenue and tax administrations
3663
Lowndes County; homestead exemptions from ad valorem taxes
3655
Lowndes County; itinerant peddlers, vendors, and tradesmen; licenses
3659
Lowndes County; license taxes on businesses
3651
Lyons Development Authority
4501
Macon-Bibb County Industrial Authority
5168, 5274
Macon-Bibb County Urban Development Authority
5269
Macon County Industrial Building Authority
3843
Madison County; board of education
4834
Madison County Industrial Development and Building Authority
4832
McIntosh County Industrial Development Authority
3501
Mitchell County Development Authority
3890
Mitchell County School District; local sales and use tax
3719
Montgomery County Development Authority
3964
Moultrie-Colquitt County Development Authority
4745
Murray County Industrial Development Authority Newnan; board of water, sewerage, and light commission Newnan; board of water, sewerage, and light commission Newnan-Coweta County schools merged Newton County Industrial Development Authority Putnam County Board of Education Putnam County Development Authority Richmond County; license fees and business taxes Rome-Floyd County Development Authority Tattnall County; board of education; elections Tattnall County Industrial Development Authority Thomas County; board of education and school superintendent Thomaston; water, sewer, and electric system Thomaston Office Building Authority Thomaston-Upson County Industrial Development Authority Thomasville Payroll Development Authority Toombs County Development Authority Treutlin County Development Authority Trion; homestead exemption for elderly residents Trion; local sales and use tax for education Valdosta; Central Valdosta Development Authority Valdosta; combined city-county revenue and tax administrations Valdosta; homestead exemptions from ad valorem taxes Valdosta-Lowndes County Industrial Authority Vidalia Development Authority Walker County Development Authority Wayne County; industrial development tax White County; board of education; elections White County Industrial Building Authority
COURTS
3792 4258 4260
4171 4932 3818 3955
.
4138
4877 4271
4754
4554
3739 3735
3737
4552
3962
3983
4967
4447
3871
3663
3653
3710
3957
4169
4589
4563
4565
SUPREME COURT
Justices; vacancies; temporary appointments
245
COURT OF APPEALS
Judges; vacancies; temporary appointments
245
SUPERIOR COURTS
Bail; schedule I or II controlled substances Baldwin County; compensation of clerk Bartow County; clerk; compensation Blue Ridge Judicial Circuit; terms of Superior Court of Forsyth County Brantley County; clerk; compensation Cherokee Judicial Circuit; judges; salary supplement Clayton County; clerk; deputy clerk; compensation Clayton Judicial Circuit; court reporters; compensation Clayton Judicial Circuit; district attorney; salary supplement Clayton Judicial Circuit; judges; salary supplement
416 4086 4126
281 4971 4663 4468 4534 4464
4460
XXXVIII
INDEX
Clerks; minimum salaries
549
Cobb Judicial Circuit; investigators; chief investigator; assistant district
attorneys
4255
Council of Superior Court Judges of Georgia; created
1130
Criminal Justice Coordinating Council; superior court judge as a member
544
Dawson County; clerk; compensation
4518
DeKalb County; Stone Mountain Memorial Association
448
Dublin Judicial Circuit; judges; salary supplements
3806
Early County; clerk placed on annual salary
3989
Fayette County; clerk; compensation
4973
Floyd County; merit system; investigators; assistant district attorneys
4930
Forsyth County; terms of superior court
281
Glascock County; clerk placed on annual salary
4487
Glynn County; clerk of the superior court; personnel
3732
Habeas corpus and nonjury proceedings in counties with state correctional
institutions
440
Heard County; clerk of superior court; salary
3520
Houston Judicial Circuit; judges; salary supplements
4591
Joint Study Committee on Superior Court Judgeships
325
Judges; vacancies; temporary appointments
245
Juries
.
1511
Law clerks or court administrators; employment
1279
Madison County; clerk; compensation; personnel; budgets
4770
Montgomery County; clerk placed on annual salary
3959
Murray County; clerk; compensation
3573
Ocmulgee Judicial Circuit; court reporters; salaries and expense allowances .... 4094
Pataula Judicial Circuit; assistant district attorney; service as solicitor of State
Court of Early County
4343
Richmond County; clerk; compensation
5003
Rockdale County; clerk of superior court; compensation
4671
Rome Judicial Circuit; investigators
4424
Secretaries of judges and district attorneys
434
Seminole County; clerk; compensation
4526
Sheriffs; minimum annual salaries
430
Stewart County; clerk; compensation
3826
Troup County; clerk of superior court; compensation
3908
Warren County; deputy clerk; compensation
4567
Waycross Judicial Circuit; judges' supplements
3879
White County; clerk; personnel
4452
JUVENILE COURTS
Shelter care; informal detention hearings
1313
PROBATE COURTS
Baldwin County; compensation of judge Bartow County; judge; compensation Brantley County; judge; compensation Catoosa County; judge; clerical help allowance Clayton County; judge; compensation Cobb County; judge and clerk; compensation
4088 4126 4971 4422 4466 3864
INDEX
XXXIX
Dawson County; judge; compensation Decatur County; judge placed on annual salary Fayette County; judge; compensation Heard County; judge's compensation Johnson County; judge; clerical assistance Judges; qualifications for office Judges; vacancies; temporary appointments Jurisdiction in actions admitting wills to probate Madison County; judge; compensation; personnel; budgets Minimum salaries for judges Murray County; judge of the probate court; compensation Richmond County; judge; compensation Rockdale County; judge of the probate court; salary Seminole County; judge; compensation Stewart County; judge; compensation Troup County; judge of the probate court; compensation
STATE COURTS
Advanced deposit of court costs in certain counties (190,000-210,000)
repealed
Bacon County; court abolished
Baldwin County; judge and solicitor; compensation; terms of court
Candler County; comprehensive revision
Carroll County; judge and solicitor; compensation
Chatham County; costs and fees
Chattooga County; judge and solicitor; compensation
Cherokee and Forsyth Counties; terms
Clayton County; deposits for advance costs
Clayton County; judges; compensation
Clayton County; solicitor; salary; retirement
Clinch County; judge and solicitor; salary
Cobb County; clerk's bond
Cobb County; clerk, solicitor, and assistants compensation
Cobb County; judges; compensation
Colquitt County; judge and solicitor; salary
DeKalb County; additional judge
DeKalb County; assistant solicitor
DeKalb County; clerk and marshall; service in magistrate court
DeKalb County; Stone Mountain Memorial Association
Early County; assistant district attorney; service as solicitor
Effingham County; judge and solicitor; salary
Elbert County; terms; salaries of judge and solicitor; clerk; jurors
Forsyth and Cherokee Counties; terms
Fulton County; costs and fees of clerk and marshall
t
Hall County; assistant solicitors; clerical employees of the solicitor
Judges; vacancies; temporary appointments
Juries; uniform procedures
Pierce County; compensation of judge and solicitor
Stephens County; state court re-created
Tattnall County; compensation of judge, solicitor, and clerical assistants
Troup County; compensation of judge and solicitor
4518 4419 4477 3516 4365 1247
245 1650 4770
932 3573 5003 4158 4523 3826 3908
354 3510 3997 4783 3569 4082 4965 3798 4538 4462 4458 4183 4334 4508 3833 4227 5140 4369 4819
448 4343 4866 4188 3798 3773 3566
245 1511 4186 4673 4620 3914
XL
INDEX
Warrants for arrest and search warrants Wayne County; judge and solicitor; compensation; secretarial allowance
1105 4104
MAGISTRATE COURTS
Bartow County; chief magistrate; compensation
3788
Berrien County; chief magistrate; law library fees
3721
Bonds of magistrates; notice or summons in civil actions
636
Butts County; law library fees
4934
Butts County; selection of chief magistrate
4596
Candler County; appointment of chief magistrate and magistrate
4800
Chatham County; judge emeritus of the Municipal Court of Savannah; service
as magistrate; judges pro tempore
4028
Clayton County; magistrates; bonds
4536
Coweta County; judge; election
4441
DeKalb County; chief magistrate and magistrates; clerk and marshall of state
court; law library funds
4819
DeKalb County; Stone Mountain Memorial Association
448
Judges; vacancies; temporary appointments
245
Jurisdiction in certain counties (550,000 or more)
352
Lamar County; law library fees
4437
Morgan County; clerk; court costs
3857
Rockdale County; chief magistrate; salary
4156
Service of process in civil actions
627
Spalding County; chief magistrate; compensation
4435
Subpoenas for production of documentary evidence; postjudgment discovery and
interrogatories; contempt of court
1003
Training requirements for magistrates who are attorneys
1416
Troup County; chief magistrate; compensation
3817
Wilkinson County; cost-of-living increases for magistrates and clerk
3999
MUNICIPAL, RECORDERS', AND POLICE COURTS
Atlanta; municipal court; costs and fees of clerk and marshall
3773
Blairsville; city court; fines
4736
Cairo; municipal court; name of court; fines
4323
Chatham County; recorder's court; creation; local constitutional amendment
continued
4658
Chatham County; recorder's court; jurisdiction; local constitutional amendment
continued
4150
Community service work; penalties
1391
Columbus, Georgia; municipal court; judge; compensation
4214
Columbus, Georgia; municipal court; jurisdiction; costs; transfer of cases
4593
Covington, City of; recorder's court; fines
5208
DeKalb County; recorder's court; jurisdiction; local constitutional amendment
continued
4277
DeKalb County; recorder's court; local constitutional amendment continued .... 4279
Dillard, City of; recorder; penalties
5262
Doerun; recorder's court; penalties
.. 4234
Franklin, City of; mayor's or recorder's court; penalties
5286
Georgia Motor Vehicle Emissions Inspection and Maintenance Act; jurisdiction
of municipal courts
1390
Hazlehurst; Recorder's court; penalties
5245
INDEX
XLI
Irwinton; recorder and recorder pro tempore
Ivey; recorder's court
,
Law library costs; ordinances
Penalties; community service work
Richmond County; civil court; judges; compensation
Union City; municipal court; associate judge
Union'City, City of; municipal court; penalties
.
Warner Robins; municipal court; penalties
4731 4220
999 1391 5003 4844 5253 4218
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Bacon County; board of education; compensation
4273
Bacon County; board of education; elections; referendum
4823
Bacon County; State Court of Bacon County abolished
3510
Bacon County; superior court judges; supplements
3879
Baldwin County; clerk of superior court; compensation
4086
Baldwin County; compensation for damage to airport hangar
567
Baldwin County; homestead exemption from Baldwin County School District ad
valorem taxes; referendum
3835
Baldwin County; judge of the probate court; compensation
4088
Baldwin County; state court; judge and solicitor; compensation; terms of
court
3997
Baldwin County; tax commissioner; compensation
3995
Banks County; board of commissioners; compensation
4532
Banks County; tax commissioner; compensation
4503
Bartow County; chief magistrate; compensation
3788
Bartow County; commissioner; compensation
4130
Bartow County; sheriff; clerk of superior court; judge of the probate court;
compensation
4126
Bartow County; tax commissioner; compensation
3786
Berrien County; magistrate court
3721
Berrien County; release of reverters in fee simple deeds without warranty
600
Berrien County Airport Authority; created
3873
Bibb County; Macon-Bibb County Industrial Authority; additional member
3600
Bibb County; Macon-Bibb County Water and Sewerage Authority; employees'
pension plan
4543
Bibb County; Macon-Bibb County Water and Sewerage Authority;
water distribution lines; petitions; costs
4556
Bleckley County; board of commissioners; created; referendum
4406
Brantley County; board of commissioners; compensation
4283
Brantley County; clerk of the superior court; judge of the probate court; tax
commissioner; compensation
4971
Brantley County; superior court judges; supplements
3879
Brooks County; board of commissioners; compensation
.*
3706
Brooks County; coroner placed on annual salary
3708
Bryan County; business and occupational license taxes
3855
Burke County; board of education; elections; referendum
4481
Butts County; board of commissioners; re-creation; elections; compensation
4348
Butts County; magistrate court; law library fees
4934
Butts County; magistrate court; selection of chief magistrate
4596
XLII
INDEX
Calhoun County; chairman of the board of county commissioners;
compensation
3841
Candler County; board of commissioners; membership; elections; chairman;
powers; referendum
4975
Candler County; magistrate court; appointment of chief magistrate and
magistrate
4800
Candler County; state court; comprehensive revision
4783
Candler County; tax commissioner; cost of collecting school taxes
4798
Carroll County; board of education; school superintendent; referendums
3945
Carroll County; state court; judge and solicitor; compensation
3569
Catoosa County; coroner; salary
4584
Catoosa County; judge of the probate court; clerical help allowance
4422
Catoosa County Development Authority; members; powers
4490
Charlton County; superior court judges; supplements
3879
Chatham County; magistrate court; judge emeritus of the Municipal Court of
Savannah; service as magistrate; judges pro tempore .
4028
Chatham County; recorder's court; creation; local constitutional amendment
continued
4658
Chatham County; recorder's court; jurisdiction; local constitutional amendment
continued
4150
Chatham County; state court; costs and fees
4082
Chattooga County; board of education; compensation
4450
Chattooga County; local sales and use tax for education; local constitutional
amendment continued
4447
Chattooga County; state court; judge and solicitor; compensation
4965
Cherokee County; business and occupational license taxes
4650
Cherokee County; State Court of Cherokee and Forsyth Counties; terms
3798
Clarke County; Athens-Clarke County Industrial Development Authority; local
constitutional amendment continued
4134
Clarke County; board of commissioners; compensation
4281
Clarke County-City of Athens school system; local constitutional amendments
continued
4165
Clayton County; board of commissioners; compensation
4455
Clayton County; civil service board; compensation
4470
Clayton County; Clayton Judicial Circuit; court reporters
4534
Clayton County; Clayton Judicial Circuit; district attorney; salary
supplement
4464
Clayton County; Clayton Judicial Circuit; judges; salary supplement
4460
Clayton County; coroner; compensation
4969
Clayton County; judge of the probate court; compensation
4466
Clayton County; magistrates; bonds
4536
Clayton County; sheriff; clerk of the superior court; deputy clerk;
compensation
4468
Clayton County; state court; deposits for advance costs
4538
Clayton County; state court; judges; compensation
4462
Clayton County; state court; solicitor; salary; retirement
4458
Clayton County; tax commissioner; deputy tax commissioner; compensation .... 4472
Clinch County; board of commissioners; chairman; salary
3972
Clinch County; board of commissioners; elections
4720
Clinch County; board of commissioners; salaries
3974
Clinch County; board of education; elections
4714
Clinch County; board of education; elections; districts; referendum
4918
Clinch County; tax commissioner; salary
3976
Cobb County; board of commissioners; compensation
3862
Cobb County; board of education; compensation
4007
Cobb County; board of elections and registration; created ......'
4653
Cobb County; chief deputy sheriff; chief investigator
4003
Cobb County; community improvement districts; taxes; bonds
4009
Cobb County; district attorney; investigators; chief investigator; assistant district
attorneys
4255
Cobb County; judge of the probate court; clerk; compensation
3864
Cobb County; state court; clerk; chief assistant clerk; solicitor; chief assistant
and assistant solicitors; compensation
4508
Cobb County; state court; clerk's bond
4334
Cobb County; state court; judges; compensation J
3833
Coffee County; superior court judges; supplements
,
3879
Colquitt County; board of education; school superintendent; local constitutional
amendment continued ...
4747
Colquitt County; license fees and occupational taxes; local
constitutional amendment continued
4433
Colquitt County; Moultrie-Colquitt County Development Authority;
local constitutional amendment continued
4745
Colquitt County; state court; judge and solicitor; salary
4227
Columbia County; board of commissioners; compensation; meetings
5100
Columbus, Georgia; "councilman" changed to "councilor" in charter
3784
Columbus, Georgia; municipal court; judge; compensation
4214
Columbus, Georgia; municipal court; jurisdiction; costs; transfer of cases
4593
Cook County; board of commissioners; elections
4413
Coweta County; board of education
4444
Coweta County; board of education; leases and contracts; local constitutional
amendment continued
4177
Coweta County; magistrate court; judge; election
4441
Coweta County; municipalities therein; ad valorem tax exemption of certain
personal property; local constitutional amendment continued
3921
Coweta County; schools merged with Newnan schools; local constitutional
amendment continued
4171
Coweta County; water, sanitation, sewerage, and fire districts; local constitutional
amendment continued Coweta County Development Authority; local constitutional amend-
4175
ment continued Crisp County; hydro-electric power bonds; local constitutional amend-
4173
ment continued
3810
Crisp County; hydro-electric power bonds; local constitutional amend-
ment continued
3812
Dade County Water and Sewer Authority; revenue bonds
3839
Dawson County; business and occupational license taxes
4179
Dawson County; clerk of the superior court; judge of the probate court;
compensation
4518
Dawson County; commissioner; compensation
4036
Dawson County; tax commissioner; compensation
4516
Dawson County Industrial Building Authority; local constitutional amendment
continued
,
4117
Decatur County; judge of the probate court placed on annual salary
4419
XLIV
INDEX
Decatur County-Bainbridge Industrial Development Authority;
local constitutional amendment continued
3928
DeKalb County and municipalities therein; alcoholic beverage tax for educational
purposes; local constitutional amendment continued
3730
DeKalb County; board of education; compensation
3847
DeKalb County; board of education; elections; local constitutional amendment
continued
4078
DeKalb County; civil service and merit system; local constitutional amendment
continued
3771
DeKalb County; county-wide library system in Fulton County
4327
DeKalb County; garbage disposal; sanitation districts; local constitutional
amendment continued
3712
DeKalb County; magistrate court
4819
DeKalb County; medical examiner; local constitutional amendment
continued
3800
DeKalb County; ordinances; penalties; business licenses; recorder's court; local
constitutional amendment continued
4279
DeKalb County; payment for personal property damaged by county employees;
local constitutional amendment continued
: .
5006
DeKalb County; recorder's court; jurisdiction; local constitutional amendment
continued
4277
DeKalb County; state court; additional judge
5140
DeKalb County; state court; assistant solicitor
4369
DeKalb County; Stone Mountain Memorial Association; ordinances; courts
448
DeKalb County; street improvements in subdivisions; local constitutional
amendment continued
3728
DeKalb County; tax for educational purposes; local constitutional amendment
continued
4080
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia
598
Dooly County; board of commissioners; compensation
4585
Dougherty County; Albany Dougherty Payroll Development Authority; local
constitutional amendment continued
3904
Douglas County; Douglasville-Douglas County Water and Sewer Authority re-
created
3584
Early County; clerk of superior court placed on annual salary
3989
Early County; state court; assistant district attorney; service as solicitor
4343
Echols County; board of commissioners; compensation
4274
Effingham County; state court; judge and solicitor; salary
4866
Elbert County; state court; terms; salaries of judge and solicitor; clerk;
jurors
4188
Evans County Industrial Development Authority; local constitutional amendment
continued
4232
Fayette County; clerk of the superior court; compensation
4973
Fayette County; judge of the probate court; compensation
4477
Fayette County; school district; ad valorem tax exemption for elderly and disabled
residents; referendum
3992
Fayette County; school superintendent; appointment by board of education;
referendum
4198
Fayette County; sheriff; compensation
4479
Fayette County; tax commissioner; compensation
4475
Floyd County; merit system; investigators; assistant district attorneys
4930
INDEX
XLV
Floyd County; Rome-Floyd County Development Authority; local constitutional
amendment continued
4877
Floyd County; Rome Judicial Circuit; investigators
4424
Floyd County Hospital Authority; vacancies
4427
Forsyth County; board of education; compensation and expenses
4411
Forsyth County; board of education; local constitutional amendment continued . 3704
Forsyth County; Etowah-Forsyth Water Authority; sewage systems
4925
Forsyth County; State Court of Cherokee and Forsyth Counties; terms
3798
Forsyth County; terms of superior court
281
Fulton County; board of education; election districts
3723
Fulton County; City of Atlanta and Fulton County Recreation Authority; projects;
contracts
4235
Fulton County; county-wide library system
4327
Fulton County; state court; costs and fees of clerk and marshall
3773
Gilmer County; commissioner; compensation
4587
Gilmer County; tax commissioner; compensation and commissions
4504
Glascock County; clerk of the superior court placed on annual salary
4487
Glynn County; board of commissioners; compensation
3906
Glynn County; board of education; compensation
3860
Glynn County; Brunswick-Glynn County Charter Commission
3605
Glynn County; Brunswick-Glynn County Charter Commission; local consti-
tutional amendment continued ,...
hict<
3603
Glynn County; clerk of the superior court; personnel
3732
Glynn County; coroner; compensation
4152
Gordon County; conveyance of state property
559
Greene County; board of education; local constitutional amendment
continued
4248
Greene County Development Authority; local constitutional amendment con-
tinued
4246
Gwinnett County; educational funds collected by tax commissioner
4741
Gwinnett County; homestead exemption from Gwinnett County School District
ad valorem taxes; referendum
5106
Habersham County; board of commissioners; elections; purchases and repairs ... 4808
Habersham County; board of education; borrowing funds; local constitutional
amendment continued
4205
Habersham County Industrial Development Authority; local constitutional
amendment continued
.
4207
Hall County; state court; assistant solicitors; clerical employees of the solicitor . 3566
Hart County Industrial Building Authority; local constitutional amendment
continued
4453
Heard County; board of education; elections; referendum
5078
Heard County; clerk of the superior court; salary
3520
Heard County; county commissioner; compensation
3511
Heard County; judge of the probate court; compensation
3516
Heard County; sheriff; compensation
3518
Heard County; tax commissioner; salary; personnel
3513
Henry County and municipalities therein; ad valorem tax exemption on personal
property in transit; local constitutional amendment continued
3938
Henry County; board of commissioners; publication of financial feports and audits;
treasurer's reports; appointments
3942
Henry County; board of education; composition; local constitutional amendment
continued
te
3932
XL VI
INDEX
Henry County; board of education; elections
4938
Henry County; water and sewer bonds; local constitutional amendment con-
tinued
3936
Henry County; water and sewer tax; local constitutional amendment continued . 3940
Henry County Community Improvement Districts Act
4946
Henry County Development Authority; expenses; compensation; ratification of
actions
3549
Henry County Development Authority; local constitutional amendment con-
tinued
3831
Henry County Water and Sewerage Authority; members holding other
offices
3934
Houston County; board of education; grants for handicapped citizens; local
constitutional amendment continued
4329
Houston County; branch offices for county government and board of education;
local constitutional amendment continued
4869
Houston County; special court; local constitutional amendment continued
4871
Houston County; superior court judges; salary supplements
4591
Houston County Development Authority; local constitutional amendment
continued
4873
Irwin County; board of commissioners; compensation; secretary
4915
Irwin County; sheriff; personnel
4403
Jackson County; board of commissioners; compensation
4200
Jeff Davis County; board of education; elections; referendum
4493
Jefferson County; tax commissioner; compensation
3741
Johnson County; judge of the probate court; clerical assistance
4365
Johnson County; superior court judges; salary supplements
3806
Jones County; board of education; dates corrected
4144
Lamar County; board of commissioners; elections
5020
Lamar County; magistrate court; law library fees
4437
Lanier County; board of commissioners; elections; terms
3820
Lanier County; board of education; elections; terms; referendum
3966
Laurens County; superior court judges; salary supplements
3806
Laurens County; tax commissioner; compensation
4541
Lee County; board of commissioners; re-creation; elections; terms; qualifications;
vacancies; powers
4250
Lincoln County; board of commissioners; chairman's compensation
4331
Long County; board of commissioners; compensation
4230
Lowndes County; ad valorem tax exemption for real property of historical interest;
local constitutional amendment continued
3661
Lowndes County; assessments for street improvements; local constitutional
amendment continued
3657
Lowndes County; board of commissioners; compensation
3794
Lowndes County; board of education; local constitutional amendment
continued
4132
Lowndes County; board of tax assessors; local constitutional amendment
continued
3888
Lowndes County; combined city-county revenue and tax administrations; local
constitutional amendment continued
3663
Lowndes County; homestead exemptions from ad valorem taxes;
local constitutional amendment continued
3655
Lowndes County; itinerant peddlers, vendors, and tradesmen; licenses; local
constitutional amendment continued
3659
INDEX
XL VII
Lowndes County; license tax on businesses; local constitutional amendment
continued
3651
Lowndes County; Valdosta-Lowndes County Industrial Authority;
local constitutional amendment continued
3710
Macon County; board of commissioners; membership; elections
3849
Macon County; board of education; elections
4112
Macon County Industrial Building Authority; local constitutional amendment
continued
3843
Madison County; board of commissioners; salaries and expenses; clerk; employees'
retirement
4802
Madison County; board of education; local constitutional amendment continued . 4834
Madison County; clerk of the superior court; judge of the probate court; tax
commissioner; compensation; personnel; budgets
4770
Madison County; sheriff; compensation; personnel; budgets
4777
Madison County Industrial Development and Building Authority; local consti-
tutional amendment continued
4832
Madison County Industrial Development and Building Authority; membership;
officers; compensation; by laws
4781
Marion County; board of education; districts; elections; referendum
4573
McDuffie County; tax commissioner; compensation; chief deputy; vacancies
5103
McIntosh County Industrial Development Authority; local constitutional amend-
ment continued
3501
McIntosh County Industrial Development Authority; project; definition
3503
Meriwether County; board of commissioners; elections
3895
Meriwether County; board of education; elections; school superintendent
4611
Metropolitan Atlanta Rapid Transit Authority; board of directors
3609
Mitchell County; school district; local sales and use tax; local constitutional
amendment continued
3719
Mitchell County Development Authority; local constitutional amendment con-
tinued
3890
Montgomery County; clerk of superior court placed on annual salary
3959
Montgomery County Development Authority; local constitutional amendment
continued
3964
Morgan County; board of education; school superintendent; referendum
4643
Morgan County; magistrate court; clerk; costs
3857
Murray County; clerk of the superior court, sheriff, judge of the probate court,
and tax commissioner; compensation
. .3573
Murray County; commissioner; compensation
3581
Murray County; coroner; compensation; deputy coroner
3579
Murray County Industrial Development Authority; local constitutional amend-
ment continued
3792
Muscogee County; coroner placed on annual salary
4216
Muscogee County; school district; contracts; purchases
3782
Muscogee County; school district; council districts used for appointment of board
of education
3886
Muscogee County; school district; public art galleries
4439
Newton County; board of commissioners; compensation
4136
Newton County; board of education; compensation
4641
Newton County Industrial Development Authority; local constitutional amend-
ment continued
g
4932
Paulding County; tax commissioner's compensation
3702
Pierce County; board of commissioners; elections; referendum
4836
XLVIII
INDEX
Pierce County; board of education; elections; referendum
4841
Pierce County; state court; judge and solicitor; compensation
4186
Pierce County; superior court judges; supplements
3879
Polk County; board of education recreated; referendum
4985
Polk County; tax commissioner; compensation
3796
Polk County Water Authority; compensation
4743
Putnam County; board of education; local constitutional amendment continued . 3818
Putnam County Development Authority; local constitutional amendment con-
tinued
3955
Randolph County; board of commissioners; compensation
3778
Randolph County; deputy sheriffs; expenses of sheriffs office
3646
Richmond County; clerk of the superior court; judge of the probate court; tax
commissioner; coroner; civil court judges; sheriff; compensation
5003
Richmond County; license fees and business taxes; local constitutional amend-
ment continued
4138
Richmond County; Pine Hill Water and Sewerage Authority Act repealed
3802
Richmond County; Sheriffs Merit System Board; powers and duties
4816
Richmond County Hospital Authority; membership; vacancies
3892
Rockdale County; board of commissioners; compensation
4668
Rockdale County; chief magistrate; salary
4156
Rockdale County; clerk of superior court; compensation
4671
Rockdale County; coroner; compensation
4162
Rockdale County; judge of the probate court; salary
4158
Rockdale County; sheriff; compensation
4160
Rockdale County; sheriff; personnel
4001
Rockdale County; tax commissioner; salary
4154
Schley County Airport Authority; created
4681
Seminole County; clerk of the superior court; compensation
4526
Seminole County; judge of the probate court; compensation
4523
Seminole County; sheriff; compensation
4529
Seminole County; tax commissioner; compensation
4520
Spalding County; board of commissioners; membership; elections
3615
Spalding County; chief magistrate; compensation .. .
4435
Spalding County; Griffin-Spalding County Development Authority; local consti-
tutional amendment continued
3845
Spalding County; tax commissioner; compensation
4345
Stewart County; clerk of superior court; compensation
3826
Stewart County; deputy sheriff; compensation
3649
Stewart County; judge of the probate court; compensation
3826
Stewart County; sheriff; compensation
3978
Stewart County; tax commissioner; compensation
3980
Stephens County; state court re-created
4673
Tattnall County; board of commissioners; composition; elections; powers and
duties; employees; county attorney
4624
Tattnall County; board of education; elections; compensation
4760
Tattnall County; board of education; elections; local constitutional amendment
continued
..4271
Tattnall County; state court; compensation of judge, solicitor, and clerical
assistants
4620
Tattnall County Industrial Development Authority; local constitutional amend-
ment continued
4754
Taylor County; board of commissioners; districts; elections
5008
INDEX
XLIX
Taylor County; board of education; elections; referendum
5087
Thomas County; board of education and school superintendent; local consti-
tutional amendment continued
4554
Tift County; board of commissioners; purchases and contracts
4875
Tift County; board of elections and registration; created
4193
Toombs County Development Authority; local constitutional amendment con-
tinued
3962
Towns County; treasurer; office abolished
4768
Treutlen County; superior court judges; salary supplements
3806
Treutlin County Development Authority; local constitutional amendment con-
tinued
3983
Troup County; board of commissioners; compensation
3911
Troup County; board of commissioners; districts
4598
Troup County; chief magistrate; compensation
3817
Troup County; compensation of sheriff, clerk of superior court, tax commissioner,
and judge of the probate court
3908
Troup County; coroner; salary
3815
Troup County; state court; compensation of judge and solicitor
3914
Twiggs County; superior court judges; salary supplements
3806
Union County Hospital Authority; vacancies
4268
Upson County; Thomaston-Upson County Industrial Development Authority;
local constitutional amendment continued
3737
Walker County Development Authority; local constitutional amendment con-
tinued
4169
Walker County Rural Water and Sewer Authority; membership; revenue
bonds
3552
Walton County; board of commissioners; chairman's expense allowance
3829
Walton County; board of commissioners; compensation
3985
Ware County; superior court judges; supplements
3879
Warren County; board of commissioners; chairman; county attorney; audits .... 4429
Warren County; clerk of the superior court; deputy clerk's compensation
4567
Warren County; tax commissioner; personnel; compensation
4569
Washington County; board of commissioners; re-creation; elections;
compensation
4882
Washington County; tax commissioner; compensation
4363
Wayne County; industrial development tax; local constitutional amendment
continued
4589
Wayne County; state court; judge and solicitor; compensation; secretarial
allowance
.
4104
White County; board of education; elections; local constitutional amendment
continued
4563
White County; clerk of the superior court; personnel
4452
White County; tax commissioner; compensation
4146
White County Industrial Building Authority; local constitutional amendment
continued
4565
Whitfield County; board of elections and registration; created
4749
Wilkes County; board of education; election districts
3558
Wilkes County; homestead exemption from county and school district ad valorem
taxes; referendum
4580
Wilkinson County; magistrate court; cost-of-living increases for magistrates and
clerk
3999
Worth County; board of commissioners; compensation
4578
L
INDEX
COUNTIES AND COUNTY MATTERS BY POPULATION
15,200-15,400; coroners; compensation repealed
282
34,500-34,000; changed to 34,500-34,600; development authority boards of
directors
390
60.000-
67,000; board of elect
165.000-
175,000; Act prov
190.000-
210,000; state cou
300,000, not less than; tax commissioners and tax collectors as ex officio
sheriffs
1492
400.000 or more; zoning and planning
1178
450.000 or more; abatement of public nuisances injurious to public health, safety,
or comfort
388
550.000 or more; county boards of health
384
550,000 or more; magistrate court jurisdiction
352
COUNTY MATTERS--HOME RULE AMENDMENTS
Ben Hill County; Fitzgerald and Ben Hill County Development Authority; local
constitutional amendment continued
5190
Bibb County; Macon-Bibb County Industrial Authority; local constitutional
amendment continued
5168
DeKalb County; pension board; retirement benefits
5164
Franklin County; Franklin County Industrial Building Authority; local
constitutional amendment continued
5186
Henry County; ad valorem tax exemption of capital improvements of new
manufacturing establishments; local constitutional amendment
continued
5171
Henry County; ad valorem tax exemption on tangible personal property in transit;
local constitutional amendment continued
5178
Henry County; water or water and sewerage revenue bonds; local constitutional
amendment continued
5159
Richmond County; employees' pension fund
5194
MUNICIPAL CORPORATIONS
NAMED CITIES
Albany Dougherty Payroll Development Authority; local constitutional amendment continued
Ashburn; tax for promotion of industry; local constitutional amendment continued
Athens-Clarke County Industrial Development Authority; local constitutional amendment continued
Athens-Clarke County school system; local constitutional amendments continued
Atlanta; City of Atlanta and Fulton County Recreation Authority; projects; contracts
Atlanta; county-wide library system Atlanta; Metropolitan Atlanta Rapid Transit Authority; board of directors Atlanta; municipal court; costs and fees of clerk and marshall Atlanta; park improvement tax levy Atlanta; redevelopment powers; referendum Austell; corporate limits Baconton; mayor and councilmen; elections
3904
4148
4134
4165
4235 4327 3609 3773 4660 4371 -3633 3561
INDEX
LI
Bainbridge; aldermen; number; elections
4262
Bainbridge; Decatur County-Bainbridge Industrial Development Authority; local
constitutional amendment continued
3928
Bainbridge; Downtown Bainbridge Development Authority; local constitutional
amendment continued
3930
Baxley; councilmen; elections
4337
Blairsville; council meetings; executions; tax levies; mayor and council; city court;
fines
4736
Bloomingdale; vice-mayor
4119
Bowdon; homestead exemption on city ad valorem taxes; local constitutional
amendment continued
4814
Brunswick-Glynn County Charter Commission
3605
Brunswick-Glynn County Charter Commission; local constitutional amendment
continued
3603
Byromville; new charter
4040
Cairo; City of Cairo Development Authority; local constitutional amendment
continued
3780
Cairo; municipal court; name; fines; city officials
4323
Camilla; Downtown Camilla Development Authority; local constitutional amend-
ment continued
4936
Carrollton; board of education; election
3916
Carrollton; mayor and councilmen; elections
3542
Carrollton Payroll Development Authority; local constitutional amendment
continued
3987
Centerville; mayor and councilmen; qualifications
4830
Chamblee; mayor and councilmen; terms; city elections
3644
Chatsworth; election date
3923
Clarkesville; homestead exemption for persons 65 or older; local constitutional
amendment continued
4208
Clarkesville; mayor and council; election date
4562
Clarkesville; nonprofit housing for elderly persons; local constitutional amend-
ment continued
4210
Clarkesville Industrial Building Authority; local constitutional amendment
continued
4212
College Park; ad valorem taxes
4512
College Park; homestead exemptions; referendum
4513
Columbus, Georgia; "councilman" changed to "councilor" in charter
3784
Columbus, Georgia; municipal court; judge; compensation
4214
Columbus, Georgia; municipal court; jurisdiction; costs; transfer of cases
4593
Damascus; new charter
3673
Decatur; homestead exemption for certain residents 62 or older; referendum ... 4140
DeKalb County; municipalities in DeKalb County; alcoholic beverage tax for
educational purposes; local constitutional amendment continued
3730
Doerun; recorder's court; penalties
4234
Donalsonville; mayor and council; elections
4239
Douglasville; mayor and councilmen; elections
4375
Douglasville-Douglas County Water and Sewer Authority re-created
3584
Eatonton; corporate limits
4182
Fairmount; council; elections; terms
*
4666
Glennville; mayor and council; elections
4756
Grantville; new charter
5030
Griffin; board of commissioners; elections; terms
3626
LII
INDEX
Griffin-Spalding County Development Authority; local constitutional amendment
continued
3845
Hazlehurst; mayor and board of commissioners; elections
4547
Helen; new charter
3743
Henry County and municipalities therein; ad valorem tax exemption on personal
property in transit; local constitutional amendment continued
3938
Ila; mayor; term of office
3883
Irwinton; name changed; chief of police; mayor and aldermen; recorder and
recorder pro tempore
4731
Ivey; corporate limits; elections; recorder's court
4220
Jesup; mayor and commissioners; elections; compensation
4121
Kingsland; city manager
4698
Kite; councilmen; number changed
4367
Lafayette; elections; vacancies; investigations; mayor's powers; city manager .... 4106
LaGrange; corporate limits
3505
LaGrange; Downtown LaGrange Development Authority; district limits
4090
Lyons; mayor and council; elections
3714
Lyons Development Authority; local constitutional amendments continued
4501
Macon; corporate limits
4727
Macon-Bibb County Industrial Authority; additional member
3600
Macon-Bibb County Water and Sewerage Authority; employees' pension plan ... 4543
Macon-Bibb County Water and Sewerage Authority; water distribution lines;
petitions; costs
4556
Marietta; annexation; meetings of legislative delegation
5111
Marietta; corporate limits
5113, 5147
Marietta; de-annexation of property
5143
Marietta; Downtown Marietta Development Authority; district enlarged .. 4506, 4911
Milledgeville; corporate limits; city officers; terms; vacancies
4031
Moreland; new charter
5053
Morganton; mayor and councilmen; terms; elections; vice-mayor
4879
Moultrie; mayor and council; elections; avorum; vacancies; board of health;
interest on taxes; civil service abolished
3522
Moultrie-Colquitt County Development Authority; local constitutional amend-
ment continued
4745
Newnan; board of water, sewerage, and light commission; local constitutional
amendment continued
4258
Newnan; board of water, sewerage, and light commission; local constitutional
amendment continued
4260
Newnan; schools merged with Coweta County Schools; local constitutional amend-
ment continued
4171
Oakwood; corporate limits
4603
Oliver; new charter
4377
Peachtree City; mayor; voting; veto powers
4202
Pembroke; new charter
4846
Perry; mayor and council; residency; districts
3531
Perry; mayor pro tempore; conflicts of interest; legal representation; city manager;
fiscal year
3535
Powder Springs; corporate limits
4075
Quitman; board of commissioners; composition; elections; referendum
4635
Rome-Floyd County Development Authority; local constitutional amendment
continued
4877
Royston; new charter
4286
INDEX
LIII
Sale City; corporate limits
4944
Sandersville; mayor and aldermen; elections; mayor pro tem
4902
Senoia; corporate limits
3867
Smyrna; mayor and councilmen; terms; referendum
4072
Stone Mountain; city manager
4164
Sugar Hill; corporate limits; council meetings; ordinances
4701
Sumner; mayor and council; elections; terms; election day
3775
Sylvester; mayor and council; elections
4317
Tennille; mayor and aldermen; elections; mayor pro tem
4894
Thomaston; mayor and council; elections; qualifications
3665
Thomaston; water, sewer, and electric system; local constitutional amendment
continued
3739
Thomaston Office Building Authority; local constitutional amendment
continued
3735
Thomaston-Upson County Industrial Development Authority; local constitutional
amendment continued
3737
Thomasville Payroll Development Authority; local constitutional amendment
continued
4552
Trion; homestead exemption for elderly residents; local constitutional amendment
continued
4967
Trion; local sales and use tax for education; local constitutional amendment
continued
...,
4447
Tybee Island; easement for fishing pier
605
Tyrone; mayor and councilmen; elections
4571
Union City; municipal court; associate judge
4844
Valdosta; Central Valdosta Development Authority; local constitutional amend-
ment continued
3871
Valdosta; combined city-county revenue and tax administrations; local consti-
tutional amendment continued
3663
Valdosta; homestead exemptions from ad valorem taxes; local constitutional
amendment continued
3653
Valdosta-Lowndes County Industrial Authority; local constitutional amendment
continued
3710
Vidalia Development Authority; local constitutional amendment continued 3957
Warner Robins; municipal court; penalties
4218
White; board of aldermen; vacancies
3790
Winterville; mayor and councilmen; terms; elections
3925
Woodstock; corporate limits
3869
MUNICIPALTIES BY POPULATION
400,000 or more; Urban Residential Finance Authorities Act for Large Municipalities
400,000 or more; zoning and planning by cities in counties of
MUNICIPALITIES--HOME RULE AMENDMENTS
391 1178
Albany; mayor pro tem
5242
Albany; paving of alleys; costs
5239
Atlanta; full-time employees of commissions, councils, and boards
5232
Blairsville; mayor and council members; compensation
5323
College Park; College Park Business and Industrial Development Authority; local
constitutional amendment continued
5311
LIV
INDEX
Cedartown; Cedartown Development Authority; local constitutional amendment
continued
5341
College Park; city manager; removal
5316
Cordele; city manager; safety director
5213
Covington; fines; alternate recorder; search warrants
5208
Covington; mayor and council members; salaries
5323
Decatur; employees' retirement system; minimum retirement benefits
5205
Decatur; temporary loan provisions repealed
5225
Dillard; recorder; penalties
5262
Douglas; Douglas-CofFee County Industrial Authority; local constitutional amend-
ment continued
5300
East Point; mayor and council; salaries
5255
East Point; rewards
5228
Fitzgerald; board of education; compensation
5290
Fitzgerald; Fitzgerald and Ben Hill County Development Authority; local consti-
tutional amendment continued
5326
Franklin; mayor and councilmen; compensation; mayor's or recorder's court;
penalties
5286
Hazlehurst; recorder's court; penalties
5245
Macon; Macon-Bibb County Industrial Authority; local constitutional amendment
continued
.
5274
Macon; Macon-Bibb County Urban Development Authority; local constitutional
amendment continued
5269
Macon; pensions and retirement system; benefits
5293
Marietta; chiefs of police and fire departments; civil service
5264
Marietta; council members; mileage allowance; per diem
5307
Rockmart; interest rate on delinquent taxes
5220
Savannah; city contracts; competitive bidding; bonds
5332
Savannah; civil service
5336
Savannah; street improvements; bonds
5279
Tyrone; contracts
5304
Union City; municipal court; penalties
5253
RESOLUTIONS AUTHORIZING COMPENSATION
Baldwin County Board of Commissioners
567
Burns, David M
575
Burns, Sheila J. and Kenneth A
590
Chancellor, Ms. Charlotte
581
Hamby, Ms. Christine Carol
607
Hammonds, Eddie, Jr
324
Keen, Floyd
582
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS
Acworth, City of; easement to
583
Berrien County; release of reverters in fee simple deeds without warranty
600
Brantley County Board of Commissioners
347
Conveyance of state owned property in the City of Dalton authorized
579
Disposition of state owned real properties under the custody of the Department
of Labor
571
Emanuel County Board of Commissioners
322
INDEX
LV
General Telephone Company of the Southeast
328
Glynn County Board of Commissioners; United States of America
342
Gordon County Board of Commissioners
559
Gruman Aerospace Corporation; conveyance
319
Kingston, City of; conveyance
335
Pelham Development Corporation
569
Savannah; easement to
339
Shinall, Rita N.; conveyance to
611
Southern Railway Company; lease of property in Chattanooga, Tennessee
577
Tybee Island; easement
605
United States of America
331
MISCELLANEOUS RESOLUTIONS
Antebellum Trail designated
568
Commission on Governmental Liability
750
Cone, Captain William, Bridge designated
610
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia
598
"Garden week" designated
256
Georgia Medal of Honor
561
Guess, George (Sequoyah); portrait placed in state capitol
596
Hazardous Materials Emergency Response Advisory Council; created
853
Joint Study Committee on Superior Court Judgeships
325
Joint Urban County and Municipal Study Committee created
748
Kendrick, Charlie, Memorial Bridge designated
594
Lanier, Sidney; bust placed in state capitol
338
Layson, Horace "Gus", Memorial Bridge designated
327
Lindbergh, Charles A.; historical marker
563
Lindsey, Archie L., Memorial Bridge designated
350
Local Constitutional Amendments Overview Committee
586
Miller, Zell, Corporate Conference Center; designated
566
Neville, Richard B., Memorial Bridge
589
Peeples, I. M., Memorial Bridge designated
321
Right whale designated as the official Georgia state marine mammal
747
Ross, John; portrait placed in state capitol
595
Scott, Walter A., Memorial Bridge
564
Southern Regional Education Compact; admission of Oklahoma
351
The Atlas of Georgia; designated as the official state atlas
562
The Doctors Floyd Bridge designated
608
Toombs Oak at University of Georgia; historical marker
592
Veterans Memorial Highway designated
576
INDEX
A
ABANDONED MOTOR VEHICLES--
Definitions; foreclosure of liens; notices
J
ABANDONED PROPERTY--
Weapons held by law enforcement agencies
1265 912
LVI
INDEX
ABORTION--
Disposal of human fetuses
1421
ACTS--
Effective dates of general Acts affecting compensation of county officers 984
ACWORTH, CITY OF--
Easement to city
583
ADOPTION--
Department of Human Resources; interstate compacts; reciprocal adoption
assistance services
518
AD VALOREM TAX--
Tax bills and notices of tax assessments; contents; forms See also "Revenue and Taxation"
1262
ADVERTISEMENTS, LEGAL
1042
AFRICAN DEVELOPMENT BANK--
Investments by insurers authorized
1104
AGRICULTURE--
Boll weevil eradication program
1079
Brucellosis in cattle; restrictions on transportation and sale; liability;
records
704
Code revision
149
Farm machinery or equipment; mechanics' liens; priority
1107
Farm wineries; wine produced in Georgia
979, 1403
Georgia Agricultural Exposition Authority
801
Georgia Agricultural Exposition Authority Overview Committee;
creation
i
M
1110
Georgia Food Act; administrative penalties of the Commissioner of Agri-
culture
1444
Georgia Residential Finance Authority; family farm mortgages
818
Grain dealers; licenses; renewal; revocation; bonds; actions
643
Pecan equipment; sales and use tax exemption .
624
Timber sales; wood load tickets; contents
1077
Warehouse operators; license renewed and revocation; bonds; actions
645
ALBANY, CITY OF--
Albany Dougherty Payroll Development Authority; local constitutional
amendment continued
3904
Mayor pro tem
5242
Paving of alleys; costs
5239
INDEX
LVII
ALBANY DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3904
ALCOHOLIC BEVERAGES--
Agq for purchase and consumption
.
753
Alcoholics; treatment; effective date of law extended
1185
Billiard rooms
--
657
Code revision
Contraband
1118
Election day sales; procedure for authorizing; sales near polling places
prohibited
1508
Excise taxes on alcohol, distilled spirits, table wines, and dessert wines . 662, 665
Implied consent to chemical tests
758
Licenses; compliance with requirements
1118
Sales to underaged persons; counties and municipalities to notify Depart-
ment of Revenue of violations
1398
Sunday sales in certain municipalities; referendum
1000
Underaged persons; misrepresentation of identity; furnishing alcoholic
beverages to underaged persons; penalties
?
782
Wine; farm wineries; sales; importation of wine in bulk; taxation :.... 1403
Wine; produced in Georgia; farm wineries
979
AMBULATORY SURGICAL CENTERS--
Reports of nonaccidental injuries to patients
898
"AMUSEMENT RIDE SAFETY ACT"--
Regulation and licensing by the Department of Labor
1453
ANIMALS--
Cattle; brucellosis control and eradication; transportation; quarantines; marks and brands; liability; records
Code revision Liability of owners and keepers for injuries caused by animals Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund Right whale designated as the official Georgia state marine mammal Wild animals; dealers; licenses; auctions
704 1^9 1033 700 747 913
ANTEBELLUM TRAIL
568
ANTIQUE SLOT MACHINES
888
APPEAL AND ERROR--
New trials; orders; contents Time; computation
1312 648
APPEARANCE BONDS--
Forfeiture where principal is in custody
982
LVIII
INDEX
APPROPRIATIONS--
General Appropriations Act for S.F.Y. 1985-86 Supplemental for Department of Labor Supplemental for S.F.Y. 1984-85 Supplemental for S.F.Y. 1984-85 Supplemental for S.F.Y. 1984-85
1521 522 2 223 677
ARMED ROBBERY OF A PHARMACY OR WHOLESALE DRUGGIST
1036
ASHBURN, CITY OF--
Tax for promotion of industry; local constitutional amendment continued
4148
ATHENS, CITY OF--
Athens-Clarke County Industrial Development Authority; local consti-
tutional amendment continued
4134
Athens-Clarke County school system; local constitutional amendments
continued
4165
ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4134
ATHLETIC TRAINERS--
Licenses; examinations
985
ATLANTA, CITY OF--
City of Atlanta and Fulton County Recreation Authority; projects; contracts
County-wide library system Full-time employees of commissions, councils, and boards Municipal court; costs and fees of clerk and marshall Park improvement tax levy Redevelopment powers; referendum
4235 4327 5232 3773 4660 4371
ATTORNEY GENERAL--
Department of Labor; representation
708
ATTORNEYS--
Fees in contempt of court actions involving child custody, child visitation,
and property division
877
AUCTIONS--
Wild animal auctions
913
m
INDEX
LIX
AUDITS--
Consumers' Utility Counsel
494
AUSTELL, CITY OF--
Corporate limits
3633
AVIATION--
Airport firefighters Municipal lands leased to private parties
1493 1649
B
BACON COUNTY--
Board of education; compensation Board of education; elections; referendum State Court of Bacon County; abolished Superior court judges; supplements
4273 4823 3510 3879
BACONTON, CITY OF--
Mayor and councilmen; elections
3561
BAIL--
'
Schedule I or II controlled substances; offenses bailable only before a superior
court judge
416
BAINBRIDGE, CITY OF--
Aldermen; number; elections
4262
Decatur County-Bainbridge Industrial Development Authority; local consti-
tutional amendment continued
3928
Downtown Bainbridge Development Authority; local constitutional amend-
ment continued
3930
BALDWIN COUNTY--
Board of commissioners; compensation for damages to airport hangar Clerk of superior court; compensation Homestead exemption from Baldwin County School District ad valorem
taxes; referendum Judge of the probate court; compensation State court; judge and solicitor; compensation; terms of court Tax commissioners; compensation
567 4086
3835 4088 3997 3995
BANKING AND FINANCE--
*
African Development Bank; investments by insurers authorized Automated teller machines
1104 1131
LX
INDEX
Bank holding companies; merger of banks
1506
Checks; "engaging in the business of selling or issuing checks"; defined 1131
Civil penalties for violation of orders of the Department of Banking and
Finance; definitions; receiving money for deposit
258
Code revision
149
Credit unions; separate classes of shares for borrowers and depositors; par
value; deposits by minors in their own names
823
Deposit of money of an intestate decedent; checks and instruments payable
to intestate decedents
1241
Financial institutions; subpoenas; five days to respond
1467
Georgia Industrial Loan Act; universities, colleges, and student loans
exempted
249
Georgia offices of out-of-state banks or bank holding companies; banks
acquired by bank holding companies
246
Gifts to minors; "financial institution" defined
819
Minors; credit union deposits in a minor's name
823
Motor vehicle finance
698
State building and loan or savings and loan associations; investment of
government bond proceeds in certificates of deposit
1461
Uniform Commercial Code; "bank" redefined; agents
825
BANKS COUNTY--
Board of commissioners; compensation Tax commissioner; compensation
4532 4503
BARBERS--
Employment by beauty shops Licenses; military installations in Georgia; teaching; apprentices Nursing homes
1057 1419 1133
BARTOW COUNTY--
Chief magistrate; compensation Clerk of the superior court; compensation Commissioner; compensation Judge of the probate court; compensation Tax commissioner; compensation Sheriff; compensation
3788 4126 4130 4126 3786 4126
BAXLEY, CITY OF--
Councilmen; elections
4337
BELOW COST SALES ACT--
Sales of octane or cetane rated motor fuels
458
BEN HILL COUNTY--
Fitzgerald and Ben Hill County Development Authority; local constitutional
amendments continued
5190, 5326
INDEX
LXI
BERRIEN COUNTY--
Airport authority created
--
Magistrate court; law library fees
Release of reverters in fee simple deeds without warranty
3873 3721
600
BERRIEN COUNTY AIRPORT AUTHORITY--
Created
3873
BIBB COUNTY--
Macon-Bibb County Industrial Authority; additional member
3600
Macon-Bibb County Industrial Authority; local constitutional amendment
continued
5168, 5274
Macon-Bibb County Urban Development Authority; local constitutional
amendment continued
5269
Macon-Bibb County Water and Sewerage Authority; employees' pension
plan
4543
Macon-Bibb County Water and Sewerage Authority; water distribution lines;
petitions; costs
4556
BILLIARD ROOMS--
Alcoholic beverage sales
657
BLAIRSVILLE, CITY OF--
Council meetings; executions; tax levies; mayor and council; city court; fines
Mayor and council members; compensation
4736 5319
BLIND PERSONS--
Unfair practices by insurance companies
464
BLOOMINGDALE, CITY OF--
Vice-mayor
4119
BLUE RIDGE JUDICIAL CIRCUIT--
Forsyth County; terms of superior court
281
BLECKLEY COUNTY--
Board of commissioners; created; referendum
4406
BOARD OF OFFENDER REHABILITATION--
Name changed to Board of Corrections; (see "Penal Institutions")
283
BOARD OF REGENTS--
Employees of University System; conflicts of interest
882
LXII
INDEX
BOARDS OF ELECTIONS--
Act providing boards in counties of 60,000-67,000 repealed
614
BOILERS AND PRESSURE VESSELS--
Inspections; rules; board
213
BOLL WEEVIL ERADICATION ACT, GEORGIA
1079
BONDS--
Appearance bonds; forfeiture where principal is in custody
982
Georgia Allocation Plan; allocation of issuance of bonds among governmental
units
1143
Local governments may invest proceeds in certain state building and loan
or savings and loan certificates of deposit
1461
Magistrate courts; cash bonds for ordinance violations
417
BOWDON, CITY OF--
Homestead exemption on city ad valorem taxes
4814
BRANTLEY COUNTY--
Board of commissioners; compensation Board of commissioners; conveyance of state property Clerk of the superior court; judge of the probate court; tax commissioner;
compensation Superior court judges; supplements
4283 347
4971 3879
BROOKS COUNTY--
Board of commissioners; compensation Coroner placed on annual salary
3706 3708
BRUCELLOSIS IN CATTLE
704
BRUNSWICK, CITY OF--
Brunswick-Glynn County Charter Commission; local constitutional amend-
ment continued
3603
Brunswick-Glynn County Charter Commission; time limits; referendums ... 3605
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION--
Local constitutional amendment continued Time limits; referendums
3603 3605
BRYAN COUNTY--
Business and occupational license taxes
3855
INDEX
LXIII
BUDGET ACT--
Legislative budgets; transfer of funds
669
BUILDINGS AND HOUSING--
Child care centers, homes, and institutions
963
Code revision
149
Elevator and escalator inspections; dates; inspectors; advisory
committee
221
Georgia Residential Finance Authority; bonds; single-family residential hous-
ing program
1121
Georgia Residential Finance Authority; residential and family farm mort-
gages; definitions
818
Group day-care homes and day-care centers; fire safety
1642
Handicapped persons; access to public buildings
863
Landmark museum buildings
936
Urban Residential Finance Authorities Act For Large Municipalities
(400,000 or more)
391
BURIAL OF DECEASED INDIGENT PERSONS
265
BURKE COUNTY--
Board of education; elections; referendum
4481
BURNS, DAVID M.--
Compensation
575
BURNS, SHEILA J. AND KENNETH A.--
Compensation
590
BUSINESS OPPORTUNITIES--
Buyer's right to cancel sale if seller fails to register with administrator 947
BUTTS COUNTY--
Board of commissioners; re-creation; elections; compensation Magistrate court; law library fees Magistrate court; selection of chief magistrate
4348 4934 4596
BYROMVILLE, TOWN OF--
New charter
4040
C
CAIRO, CITY OF--
City of Cairo Development Authority; local constitutional amendment continued
Municipal court; name of court; fines; city officials
3780 4323
LXIV
INDEX
CALHOUN COUNTY--
Chairman of the board of county commissioners; compensation
3841
CAMILLA, CITY OF--
Downtown Camilla Development Authority; local constitutional amendment
continued
4936
CANCER ADVISORY COMMITTEE--
Membership; terms; qualifications
1186
CANDLER COUNTY--
Board of commissioners; membership; elections; chairman; powers; referendum
Magistrate court; appointment of chief magistrate and magistrate State court; comprehensive revision Tax commissioner; cost of collecting school taxes
4975 4800 4783 4798
CARROLL COUNTY--
Board of education; school superintendent; referendums State court; judge and solicitor; compensation
3945 3569
CARROLLTON, CITY OF--
Board of education; election
3916
Carrollton Payroll Development Authority; local constitutional amendment
continued
3987
Mayor and councilmen; elections
3542
CARROLLTON PAYROLL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3987
CATOOSA COUNTY--
Catoosa County Development Authority; members; powers Coroner; salary Judge of the probate court; clerical help allowance
4490 4584 4422
CATOOSA COUNTY DEVELOPMENT AUTHORITY--
Members; powers
4490
CAVES--
Entering posted or protected caves without permission; penalty
1075
CEDARTOWN, CITY OF--
Cedartown Development Authority; local constitutional amendment con-
tinued
5341
INDEX
LXV
CENTERVILLE, CITY OF--
Mayor and councilmen; qualifications
4830
CENTRAL VALDOSTA DEVELOPMENT AUTHORITY--
Local* constitutional amendment continued
3871
CHAIN LETTERS--
Lotteries
437
CHAMBLEE, CITY OF--
Mayor and councilmen; terms; city elections
3644
CHANCELLOR, MS. CHARLOTTE--
Compensation
581
CHARLTON COUNTY--
Superior court judges; supplements
3879
CHATHAM COUNTY--
Magistrate court; judge emeritus of the Municipal Court of Savannah; service
as magistrate; judges pro tempore
4028
Recorder's court; creation; local constitutional amendment continued
4658
Recorder's court; jurisdiction; local constitutional amendment continued ... 4150
State court; costs and fees
>a
4082
CHATSWORTH, CITY OF--
Election date
3923
CHATTOOGA COUNTY--
Board of education; compensation
4450
Local sales and use tax for education; local constitutional amendment con-
tinued
4447
State court; judge and solicitor; compensation
4965
CHEROKEE COUNTY--
Business and occupational license taxes State Court of Cherokee and Forsyth Counties; terms
4650 3798
CHEROKEE JUDICIAL CIRCUIT--
Judges; salary supplement
4663
CHILD AND SPOUSAL SUPPORT
$
785
CHILD CARE CENTERS, HOMES, AND INSTITUTIONS--
Criminal records checks; licenses
963
LXVI
INDEX
CHILD CARE CENTERS, HOMES, AND INSTITUTIONS--
Fire safety
1642
CITY OF ATLANTA AND FULTON COUNTY RECREATION AUTHORITY--
Projects; contracts
4235
CITY OF CAIRO DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3780
CIVIL PRACTICE--
Actions for wrongful death
1253
Alimony and child support; revision of judgments
279
Class actions; motor vehicle finance
698
Code revision
149
Continuances; attendance at meetings of State Board of Education
1406
Executions and tax executions; alias executions; aggregation of executions
and levy
1243
Forms for use by inmates in actions against state and local govern-
ments
883
Habeas corpus and other nonjury proceedings involving inmates of state
correctional institutions
440
Indigents; court costs; review of pleadings prior to filing; procedure
1256
Legal advertisements; rates
1042
Limitations of actions; medical malpractice
556
Magistrate courts; service of process in civil actions
627
Magistrate courts; subpoenas for production of documentary evidence; post-
judgment discovery and interrogatories; contempt of court
1003
Medical malpractice; limitations of actions
556
New trials; orders; contents
1312
Next friends; receipt of proceeds of any personal action; bonds
656
Notice or summons; signature in actions in magistrate courts
636
Paternity; blood tests; petitions to legitimate children
279
Renewal of civil cases after dismissal; limitations
1446
Subpoenas; financial institutions to have five days to respond
1467
Time periods; computation
648
Voluntary dismissal of actions
546
CLAIMS ADVISORY BOARD--
State authorities; county and municipal departments
900
CLARKE COUNTY--
Athens-Clarke County Industrial Development Authority; local constitu-
tional amendment continued
4134
Athens-Clarke County school system; local constitutional amendments con-
tinued
4165
Board of commissioners; compensation
4281
CLARKESVILLE, CITY OF--
Clarkesville Industrial Building Authority; local constitutional amendment
continued
4212
INDEX
LXVII
Homestead exemption for persons 65 or older; local constitutional amend-
ment continued
4208
Mayor and council; election date
4562
Nonprofit housing for elderly persons; local constitutional amendment con-
tinued
.... 4210
CLARKESVILLE INDUSTRIAL BUILDING AUTHORITY--
Local constitutional amendment continued
4212
CLAYTON COUNTY--
Board of commissioners; compensation
Civil service board; compensation
Clayton Judicial Circuit; judges; salary supplement
Coroner; compensation
Court reporters; compensation
*
District attorney; salary supplement
Judge of the probate court; compensation
Magistrates; bonds
Sheriff; clerk of the superior court; deputy clerk; compensation
State court; deposits for advance costs
State court; judges; compensation
State court; solicitor; salary; retirement
Tax commissioner; deputy tax commissioner; compensation
4455 4470 4460 4969 4534 4464 4466 4536 4468 4538 4462 4458 4472
CLAYTON JUDICIAL CIRCUIT--
Court reporters; compensation District attorney; salary supplement Judges; salary supplement
4534 4464 4460
CLERKS OF SUPERIOR COURTS--
Minimum salaries
549
CLINCH COUNTY--
Board of commissioners; elections Board of commissioners; chairman; salary Board of commissioners; salaries Board of education; elections Board of education; elections; districts; referendum State court; judge and solicitor; salary Tax commissioner; salary
4720 3972 .3974 4714 4918 4183 3976
COASTAL MARSHLANDS PROTECTION COMMITTEE--
Membership
1465
COBB COUNTY-- I
Board of commissioners; compensation Board of education; compensation Board of elections and registration; created
3862 4007 4653
LXVIII
INDEX
Chief deputy sheriff; chief investigator
4003
Community improvement districts; taxes; bonds
4009
District attorney; investigators; chief investigator; assistant district attor-
neys
4255
Judge of the probate court; clerk; compensation
3864
State court; clerk's bond
4334
State court; clerk, solicitor, and assistants; compensation
4508
State court; judges; compensation
3833
COBB JUDICIAL CIRCUIT--
Investigators; chief investigator; assistant district attorney
4255
CODE REVISION COMMISSION--
Codification and continuation
197
Publication of Official Code of Georgia Annotated; correction of Acts
202
COFFEE COUNTY--
Douglas-Coffee County Industrial Authority; local constitutional amendment
continued
5300
Superior court judges; supplements
3879
COLLEGE PARK, CITY OF--
Ad valorem taxes
4512
City manager; removal
5316
College Park Business and Industrial Development Authority; local consti-
tutional amendment continued
5311
Homestead exemptions; referendum
4513
COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
5311
COLQUITT COUNTY--
Board of education; school superintendent; local constitutional amendment
continued
4747
License fees and occupational taxes; local constitutional amendment
continued
4433
Moultrie-Colquitt County Development Authority; local constitutional amend-
ment continued
4745
State court; judge and solicitor; salary
4227
COLUMBIA COUNTY--
Board of commissioners; compensation; meetings
5100
COLUMBUS, GEORGIA--
"Councilman" changed to "councilor" in charter Municipal court; judge; compensation Municipal court; jurisdiction; costs; transfer of cases
3784 4214 4593
INDEX
LXIX
COMMERCE AND TRADE--
Amusement Ride Safety Act
1453
Automated teller machines; engaging in the business of selling or issuing
checks
1131
Below Cost Sales Act; sales of octane or cetane rated motor fuels
458
Business opportunities; buyer's right of cancellation
947
Code revision
149
Department of Industry and Trade; parking facility contracts with Georgia
Building Authority
224
Fair Business Practices Act; health spas
938
Fair Business Practices Act of 1975; private actions; service of copies of
pleadings on administrator
642
Georgia Time-Share Act; unfair trade practices
;. 856
Health spas; definitions; contracts; bonds; forms
938
"Lease-purchase Agreement Act" enacted
1341
Motor fuels; Below Cost Sales Act
458
Motor Vehicle Sales Finance Act; delinquency charges; finance charges; class
actions prohibited
698
Multilevel distribution companies; chain letters; pyramid clubs; lotteries 437
Retail Installment and Home Solicitation Sales Act; universities, colleges,
and student loans exempted
251
Timber sales; wood load tickets
1077
Unfair or deceptive acts or practices
1183
Unfair trade practices; blind persons; unfair practices by insurance com-
panies
464
Warehouse operators; license renewal and revocation; bonds; actions
645
COMMERCIAL CODE--
"Bank" redefined; agents
. *
Secured transactions; financing and continuation statements; maturity
dates; expiration
..;
Secured transactions; mechanics' liens on farm machinery or equipment;
priority
825 1517 1107
COMMISSION ON GOVERNMENTAL LIABILITY
750
COMMON CARRIERS--
Sales and use tax
625
CONE, CAPTAIN WILLIAM, BRIDGE
610
CONFLICTS OF INTEREST--
Board of Regents; employees serving foundations
882
Interpreters for deaf persons; dual state employment
1034
State nonelective officers and employees holding political subdivision, party,
or organization offices
427
CONSERVATION AND NATURAL RESOURCES--
Air quality control; motor vehicle certificates of title and registration;
vehicles must comply with federal emission and safety standards
693
LXX
INDEX
Air quality control; unlawful to sell motor vehicle not in compliance with
federal emission and safety standards
692
Caves; entering posted or protected caves without permission; penalty 1075
Coastal Marshlands Protection Committee; membership
1465
Code revision
149
Commissioner of natural resources; powers; service as director
of Environmental Protection Division; Coastal Marshlands Pro-
tection Committee
1465
Forestry; timber sales; wood load tickets; contents
1077
Georgia Agricultural Exposition Authority
801
Georgia Agricultural Exposition Authority Overview Committee;
creation
1110
Hazardous Materials Emergency Response Advisory Council
853
Hazardous materials; transportation
469, 1499
Hazardous wastes
266
Landmark museum buildings
936
Motor vehicle emission inspections
1092
Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund; state
income tax refunds
700
Property within navigable waters and certain oceanic areas; exploration
and recovery permits
906
Registered foresters; liens
1322
Soil erosion and sedimentation control; technical assistance to local govern-
ments; revocation of certification; civil penalties; exemptions
1224
Stone Mountain Memorial Association; membership
465
Stone Mountain Memorial Association; Police powers; ordinances; security
officers; courts
448
Surface mining; ownership; bonds
879
Toombs Oak; historical marker
592
Underwater archeology
906
Water and sewage systems of municipalities; charges
1393
Water Well Standards Act; revision and reenactment
1192
CONSTITUTION OF GEORGIA--
Local Constitutional Amendments Overview Committee
586
CONSUMERS' UTILITY COUNSEL--
Reports; audits; repeal date
494
CONTRABAND--
Alcoholic beverages
1118
CONTRACT CARRIERS--
Sales and use tax
625
CONTRACTS--
Conspiracy in restraint of free and open competition; conspiracy in restraint
of trade in transactions with the state or political subdivisions
1184
Lease-purchase agreements regulated
1341
Public works contracts; progress payments; retainages
1043
Timber sales; wood load tickets
1077
INDEX
LXXI
COOK COUNTY--
Board of commissioners; elections
4413
CORDELE, CITY OF--
City manager; safety director
5213
CORONERS--
Act providing salaries in certain counties (165,000-175,000) repealed Compensation in certain counties (15,200-15,400) repealed Georgia Coroner's Training Council Act; enacted; certification;
annual training Post-mortem examinations; hospice patients Qualifications; bonds; fees; duties at scene of death; dental examinations;
dead bodies
405 282
797 1073
843
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS--
Code revision; limited partnerships
149
Corporations; business combinations; approval by board of directors and
shareholders; fair pricing
527
Corporations; rights or options; preemptive rights; prefered shares;
shareholder consent; notice of dissenters' rights; number of
directors
1302
Foreign corporations; investigations; subpoenas; witness fees
1281
Partnerships; ownership of real property; dissenting statements; indem-
nification rights; dissolution; creditors
1436
Professional associations; registered office and agent required; fee;
penalties
619
CORRECTIONS--
"Offender rehabilitation" changed to "Corrections" throughout code; (see
"Penal Institutions")
283
COSMETOLOGISTS--
Nursing homes
1133
State Board of Cosmetology; meetings; reports; sanitary requirements of
beauty shops and schools; military installations; certificates; qualifica-
tions; schools; employment of barbers
1057
COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA--
Created
1130
COUNTIES--
County boards of health; creation by ordinance in certain counties (550,000
or more)
*.
384
Special 1 percent sales and use tax; county general obligation
debt; referendums
232
See also "Local Government"
LXXII
INDEX
COURTS--
Clerks of the superior courts; minimum annual salaries
549
Code revision
149
Contempt of court; attorney's fees in actions involving child custody, child
visitation, and property division
877
Council of Superior Court Judges of Georgia; created
1130
Drugs; schedule I or II controlled substances; offenses bailable only before
a superior court judge
416
Family violence; duties of court clerks
983
Grand jury inspections and reports; commencement of actions by district
attorneys to compel county governing authorities to comply with law . 1053
Indigents; review of pleadings prior to filing
1256
Joint Study Committee on Superior Court Judgeships
325
Judges; vacancies; temporary appointments of interim judges
245
Juries; jury commissioners; succession
887
Juries; persons 70 or older; removal from jury list
512
Juries; superior and state courts; grand juries
1511
Juvenile courts; shelter care; informal detention hearings
1313
Law library costs; collection in corporate, police, recorder's, and mayor's
courts
999
Magistrate courts; bonds of magistrates; notice or summons in civil
actions
636
Magistrate courts; cash bonds for ordinance violations
417
Magistrate courts in certain counties (550,000 or more); jurisdiction
352
Magistrate courts; service of process in civil actions
627
Magistrate courts; subpoenas for production of documentary evidence;
postjudgment discovery and interrogatories; contempt of court
1003
Magistrate courts; training requirements for magistrates who are
attorneys
1416
Municipal, corporate, recorder's, mayor's, and police courts; jurisdiction over
violations of Georgia Motor Vehicle Accident Reparations Act
891
Municipal corporate, recorders', mayors', and police courts; penalties;
community service work
1391
Municipal corporate, recorder's, mayor's, and police courts; violations of
the Georgia Motor Vehicle Emissions Inspection and Maintenance
Act
1390
New trials; orders; contents
1312
Probate courts; judges; minimum salaries
932
Probate courts; judges; qualifications for office
1247
Probate courts; jurisdiction in actions admitting wills to probate
1650
Secretaries of judges of the superior courts and district attorneys; salaries;
merit increases
434
Sheriffs; minimum annual salaries
430
State courts in certain counties (190,000-210,000); advanced deposit of court
costs repealed
354
State courts; retired judges and judges emeritus; issuance of warrants for
arrest and search warrants
1105
Superior courts; clerks; minimum salaries
.549
Superior courts; employment of law clerks or court administrators
1279
Superior courts in counties having a state correctional institution; habeas
corpus and other nonjury proceedings
440
Vacancies in judicial offices; temporary appointments of interim judges 245
INDEX
LXXIII
COVINGTON, CITY OF--
Fines; alternate recorder; search warrants Mayor and council members; salaries
5208 *... 5323
COWETA COUNTY--
Ad valorem tax exemption of certain personal property; local constitutional
amendment continued
3921
Board of education
..
4444
Board of education; leases and contracts; local constitutional amendment
continued
4177
Coweta County Development Authority; local constitutional amendment
continued
4173
Magistrate court; judge; election
4441
School system merger with Newnan school system; local constitutional
amendment continued
4171
Water, sanitation, sewerage, and fire districts; local constitutional amend-
ment continued
4175
COWETA COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4173
CREDIT UNIONS--
Minors' deposits in their own names; separate classes of shares for borrowers
and depositors; par value
823
CRIMES AND OFFENSES--
Abortion; disposal of human fetuses
1421
Aggravated assault on a correctional Officer; aggravated battery on a
correctional officer
628
Alcoholic beverages; furnishing to underaged persons; misrepresentation of
identity; penalties
782
Antique slot machines; possession and use
888
Armed robbery; taking controlled substances from a pharmacy or wholesale
druggist; penalties
1036
Caves; entering posted or protected caves without permission
1075
Cocaine trafficking; penalties; Special Cocaine Task Force; education
van
552
Code revision
149
Conspiracy in restraint of free and open competition; conspiracy in restraint
of trade in transactions with the state or political subdivisions
1184
Controlled substances; dangerous drugs
1219
Criminal trespass; criminal damage to property in the second degree .. 484, 1491
Death penalty; time period for executions
1463
Drugs; schedule I or II controlled substances; offenses bailable only before
a superior court judge
416
False representation as a representative of a fire service, organization
411
Family violence; contempt actions; penalties
905
Insurance fraud; definition; penalties
723
Kickbacks; coercing local government employees prohibited
617
LXXIV
INDEX
Lotteries; chain letters; pyramid clubs; multilevel distribution
companies
437
Lottery equipment, devices, and materials
886
Motor vehicles not in compliance with federal emission and safety standards;
sale
692
Obscene, lewd, or indecent telephone communications; penalties;
injunctions
1310
Possession of firearm or knife during commission of or attempt to commit
certain crimes involving controlled substances, cocaine, marijuana, or
illegal drugs
425
Sex offenses; testimony of certain children; procedures
1190
Use of inmate for private gain prohibited
1483
CRIMINAL JUSTICE COORDINATING COUNCIU-
Membership
544
CRIMINAL PROCEDURE--
Appearance bonds; principals in custody ...;
982
Bail; schedule I or II controlled substances; offenses bailable only before a
superior court judge
416
Continuances; attendance at meetings of State Board of Education
1406
Death penalty; time period for executions
1463
Demand for trial of misdemeanors; terms
637
First offender treatment; effect; records
380
Guilty but mentally ill; examinations and hearings; disposition
637
Habeas corpus and nonjury proceedings involving inmates of state correc-
tional institutions
440
Insanity defense; evidence
637
Parole supervision fees; conditional release
414
Probated sentences of more than two years; review
516
Restitution orders; damage to state property
231
Sentencing; victim impact statements
739
Sex offense cases; testimony of children
1190
Subpoenas; financial institutions to have five days to respond
1467
Time periods; computation
648
Traffic offenses
758
Victim's right to be present during criminal trial
744
Warrants for arrest and search warrants; issuance by retired judges and
judges emeritus of state courts
1105
Witness fees for correctional officers
407
CRISP COUNTY--
Hydro-electric power bonds; local constitutional amendments continued
3810, 3812
D DADE COUNTY--
Dade County Water and Sewer Authority; revenue bonds DADE COUNTY WATER AND SEWER AUTHORITY--
Revenue bonds
3839 3839
INDEX
LXXV
DAMASCUS, CITY OF--
New charter
3673
DAWSON COUNTY--
Business and occupational license taxes
4179
Clerk of the superior court; judge of the probate court; compensation
4518
Commissioner; compensation
1
4036
Dawson County Industrial Building Authority; local constitutional amend-
ment continued
4117
Tax commissioner; compensation
4516
DAWSON COUNTY INDUSTRIAL BUILDING AUTHORITY--
Local constitutional amendment continued
4117
DEAD BODIES--
Hospice patients
1073
DEBTOR AND CREDITOR--
Code revision Garnishment; child and spousal support Garnishment; summons; deductions; continuing garnishment on certain
federal court judgments
149 785
1632
DECATUR, CITY OF--
Decatur Employees' Retirement System; minimum retirement benefits .... 5205
Homestead exemption for certain residents 62 or older; referendum
4140
Temporary loan provisions repealed
5225
DECATUR COUNTY--
Decatur County-Bainbridge Industrial Development Authority; local consti-
tutional amendment continued
3928
Judge of the probate court placed on annual salary
4419
DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3928
DECEPTIVE TRADE PRACTICES--
Violation of certain federal laws
1183
DEKALB COUNTY--
Alcoholic beverage tax for educational purposes; local constitutional
amendment continued
3730
Board of education; compensation
3847
Board of education; elections; local constitutional amendment continued ... 4078
Civil service and merit system; local constitutional amendment continued . 3771
County-wide library system in Fulton County
4327
Courts; Stone Mountain Memorial Association; ordinance jurisdiction
448
LXXVI
INDEX
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia
598
Garbage disposal; sanitation districts; local constitutional amendment con-
tinued
3712
Magistrate court; chief magistrate and magistrates; clerk and marshall of
state court; law library funds
4819
Medical examiner; local constitutional amendment continued
3800
Ordinances; penalties; business licenses; recorder's court; local constitutional
amendment continued
4279
Payment for personal property damaged by county employees; local consti-
tutional amendment continued
5006
Pension board; retirement benefits
5164
Recorder's court; jurisdiction; local constitutional amendment continued ... 4277
State court; additional judge
5140
State court; assistant solicitor
4369
Street improvements in subdivisions; local constitutional amendment con-
tinued
3728
Tax for educational purposes; local constitutional amendment continued ... 4080
DEPARTMENT OF MEDICAL ASSISTANCE--
Reciprocal and cooperative arrangements with other states
517
DEPARTMENT OF OFFENDER REHABILITATION--
Name changed to Department of Corrections; (see "Penal Institutions") 283
DEPARTMENT OF PUBLIC SAFETY--
Acceptance of donations or conveyances
486
DEVELOPMENT AUTHORITIES--
Boards of directors in certain counties; (33,500-34,000) changed to (33,500-
34,600)
390
DILLARD, CITY OF--
Recorder; penalties
5262
DISPOSITION OF UNCLAIMED PROPERTY ACT--
Time periods; records; delivery of assets
1097
DOERUN, CITY OF--
Recorder's court; penalties
4234
DOGS--
Liability of owners and keepers for injuries caused by animals
1033
INDEX
LXXVII
DOMESTIC RELATIONS--
Adoption; interstate compacts
518
Attorney's fees in contempt of court actions involving child custody, child
visitation, and property division
877
Child and spousal support
785
Divorce; spouse's coverage under motor vehicle private lines insurance
policies
935
Family violence; petitions and forms; duties of court clerks and shelter or
social service agency staff
983
Family violence relief orders of superior courts; contempt actions;
penalties
905
Paternity; blood tests; petitions to legitimate children
279
Revision of judgments for permanent alimony or child support
279
DONALSONVILLE, CITY OF--
Mayor and council; elections
4239
DOOLY COUNTY--
Board of commissioners; compensation
4585
DOUGHERTY COUNTY--
Albany Dougherty Payroll Development Authority; local constitutional
amendment continued
r .-1eh...--;
3904
DOUGLAS, CITY OF--
Douglas-Coffee County Industrial Authority; local constitutional amendment
continued
5300
DOUGLAS-COFFEE COUNTY INDUSTRIAL AUTHORITY--
Local constitutional amendment continued
5300
DOUGLAS COUNTY--
Douglasville-Douglas County Water and Sewer Authority re-created
3584
DOUGLASVILLE, CITY OF--
Douglasville-Douglas County Water and Sewer Authority re-created Mayor and councilmen; elections
3584 4375
DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY--
Re-created
I
.S
|
DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY--
3584
Local constitutional amendment continued
3930
LXXVIII
INDEX
DOWNTOWN CAMILLA DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4936
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY--
District limits
4090
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY--
District enlarged
4506, 4911
DRIVER IMPROVEMENT CLINICS--
Employees; operation
758
Reciprocal agreements with other jurisdictions
409
DRIVING UNDER THE INFLUENCE--
Compensation of law enforcement officers for attending license suspension
hearings
630
DRUGS--
Cocaine; trafficking; penalties; Special Cocaine Task Force
552
Controlled substances; dangerous drugs
1219
Drug abuse treatment and education programs; licenses; confidential infor-
mation
476
DUBLIN JUDICIAL CIRCUIT--
Judges; salary supplements E
3806
EARLY COUNTY--
Clerk of superior court placed on annual salary
3989
EAST POINT, CITY OF--
Mayor and council; salaries Rewards
5255 5228
EARLY COUNTY--
State court; assistant district attorney; service as solicitor
4343
EATONTON, CITY OF--
Corporate limits
4182
INDEX
LXXIX
ECHOLS COUNTY--
Board of commissioners; compensation
4274
EDUCATION--
Cocaine education van; Georgia Bureau of Investigation; availability to
schools
552
Code revision
149
County boards of education; chairmen; terms; organization
467
DeKalb Junior College; acquisition by the Board of Regents of the University
System of Georgia
598
Georgia Eminent Scholars Endowment Trust Fund; created
1654
Medical student loans and scholarships
1122
Motor vehicle license plates; Emory University sesquicentennial
520
Osteopathic medical education loans
450
Professional Practices Commission; executive director and employees
1515
Proprietary schools; definitions; exemptions; bonds; penalties; names
990
Quality Basic Education Act
1657
Scholarships and loans; medical students
1122
School bus drivers; driving records made available to boards of education .. 1182
School bus drivers; records furnished to school systems by Department of
Public Safety
1339
School bus drivers to report vehicles passing stopped school buses; proce-
dures; penalties
1175
Scoliosis screening of public school students
424
Southern Regional Education Compact; admission of Oklahoma
351
State Board of Education; continuances of court cases while attending
meetings
1406
Surrogate parents; exemption from liability
447
Tuition equalization grants at private colleges and universities
550
Universities, colleges, and student loans exempted from the Georgia Indus-
trial Loan Act
249
Universities, colleges, and student loans exempted from the Retail Install-
ment and Home Solicitation Sales Act
251
University of Georgia; Toombs Oak; historical marker
592
University System of Georgia; employees; conflicts of interest
882
Voting; registering to vote at school
1236
EFFECTIVE DATES OF ACTS--
General Acts affecting compensation of county officers
984
EFFINGHAM COUNTY--
State court; judge and solicitor; salary
4866
ELBERT COUNTY--
State court; terms; salaries of judge and solicitor; clerk; jurors
4188
ELECTIONS--
Absentee ballots
496
Absentee registration and ballots
632
LXXX
INDEX
Boards of elections in counties of 60,000-67,000; Act repealed
614
Campaign literature; contents; costs; contributions
1328
Candidate's qualifications
496
Code revision
206
County judicial offices; nonpartisan primaries and elections
496
Death certificates; voter registration officers to be notified of certain
deaths
1417
Filling vacancies of candidates nominated at primaries, nonpartisan pri-
maries, or by other means
1430
Georgia Election Code and Georgia Municipal Election Code Amended
496
High school principals and assistant principals and area vocational school
directors; service as deputy registrars
1236
Kickbacks; coercing local government employees prohibited
617
Librarians serving as deputy registrars
1318
Lists of electors
496
Municipal elections and primaries; alcoholic beverage sales on primary or
election days ..
1508
Notices of candidacy
* ;KeaP ^96
Political activities by registrars
496
Registration of students outside county or municipality
1236
Run-off primaries; polling places
1316
State Election Board; per diem
496
State nonelective officers and employees holding local offices
427
ELEVATORS AND ESCALATORS--
Inspections; dates; inspectors; advisory committee
221
EMANUEL COUNTY--
Board of commissioners; conveyance of state property
322
EMORY UNIVERSITY--
Motor vehicle license plates
520
EMPLOYEE BENEFIT PLAN COUNCIL--
Created; flexible employee benefits for state employees
441
EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA--
Accumulated sick and annual leave Code revision General Assembly Service
,.. 1624 209
1334
EMPLOYMENT SECURITY LAW--
Appeals from decisions by independent hearing officers Denial of benefits to certain employees of educational institutions Taxable wage base; "wages" redefined; weekly benefits Wages; definition See also "Labor and Industrial Relations"
536 901 696 1357
INDEX
LXXXI
EROSION AND SEDIMENTATION ACT OF 1975--
Technical assistance to local governments; revocation of certification; civil
penalties; exemptions
1224
ETOWAH-FORSYTH WATER AUTHORITY--
Sewage systems
ETOWAH WATER AND SEWER AUTHORITY--
Revenue bonds
|
4925 4038
EVANS COUNTY--
Evans County Industrial Development-Authority; local constitutional amend-
ment continued
4232
EVANS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY-- Local constitutional amendment continued
EVIDENCE--
4232
Clinical records on treatment of alcoholics and drug abusers; confidentiality;
exceptions
996
Code revision
149
Correctional officers; witness fees
407
Drug-dependent persons; records
476
Magistrate courts; subpoenas for production of documentary evidence
1003
Motor vehicle insurance of counties, municipalities, and subdivisions
1054
Presence of the victim in court during the trial of a criminal offense
744
Sex offense cases; testimony of certain children
1190
EXCISE TAXES--
Alcoholic beverages
662, 665
EXECUTIONS--
Alias executions and tax executions
1243
F
FAIR BUSINESS PRACTICES ACT--
Health spas; contracts; bonds Private actions; service of copies of pleadings on administrator
FAIRMOUNT, CITY OF--
Council; elections; terms
FAMILY VIOLENCE--
Contempt actions; penalties Petitions; duties of court, shelter, and social service agency personnel
938 642
4666
905 983
LXXXII
INDEX
FAYETTE COUNTY--
Clerk of the superior court; compensation
4973
Judge of the probate court; compensation
4477
School district; ad valorem tax exemption for elderly and disabled residents;
referendum
3992
School superintendent; appointment by board of education; referendum .... 4198
Sheriff; compensation
4479
Tax commissioner; compensation
4475
FIRE PROTECTION AND SAFETY--
Code revision
149
False representation as a representative of a fire service organization
411
Fire departments; definition; minimum standards
1493
Firemen killed or disabled in the line of duty; applications
for indemnification; time periods
413
Georgia Firefighter Standards and Training Council; membership; certi-
fication transfers; airport firefighters
1493
Group day-care homes and day-care centers
1642
Hazardous Materials Emergency Response Advisory Council
853
Hospitals; state fire marshal to conduct fire safety inspections
721
Landmark museum buildings
936
Personal care homes; fire safety standards
869
FITZGERALD, CITY OF--
Board of education; compensation
5290
Fitzgerald and Ben Hill County Development Authority; local constitutional
amendment continued
5190, 5326
FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendments continued
5190, 5326
FLOYD COUNTY--
Hospital Authority of Floyd County; vacancies
4427
Merit system; investigators; assistant district attorneys
4930
Rome-Floyd County Development Authority; local constitutional amend-
ment continued
4877
Rome Judicial Circuit; investigators
4424
FLOYD, THE DOCTORS, BRIDGE
608
FOOD, DRUGS, AND COSMETICS--
Armed robbery of a pharmacy or wholesale druggist; controlled
substances
1036
Cocaine; trafficking; penalties; Special Cocaine Task Force; cocaine education
van
552
Code revision
149
Dangerous drugs; controlled substances
1219
Drug abuse treatment and education programs; licenses; confidential infor-
mation
476
l-.ll'f i-:
' t:*v. -!1 '
INDEX
LXXXIII
Drugs; possession of weapons during crimes
425
Food sales establishments; inspections
660
Food service establishments; definitions; enforcement; inspections
660
Georgia Food Act; administrative penalties
1444
Schedule I or II controlled substances; offenses bailable only before a superior
court judge
416
FORESTERS, REGISTERED--
Liens
1322
FORESTRY--
Timber sales; wood load tickets
1077
FORSYTH COUNTY--
Board of education; compensation and expenses Board of education; local constitutional amendment continued Etowah-Forsyth Water Authority; sewage systems State Court of Cherokee and Forsyth Counties; terms Superior court; terms
4411 3704 4925 3798
281
FRANKLIN, CITY OF--
Mayor and councilmen; compensation; mayor's or recorder's court; penalties
5286
FRANKLIN COUNTY--
Franklin County Industrial Building Authority; local constitutional amend-
ment continued
5186
FRANKLIN COUNTY INDUSTRIAL BUILDING AUTHORITY--
Local constitutional amendment continued
5186
FULTON COUNTY--
Board of education; election districts City of Atlanta and Fulton County Recreation Authority; projects;
contracts County-wide library system State court; costs and fees of clerk and marshall
3723
4235 4327 3773
FUNERAL DIRECTORS, EMBALMERS, AND FUNERAL ESTABLISHMENTS--
Examinations; qualifications; natural catastrophe; county boards of health . 1447
G
GAMBLING--
Antique slot machines; possession and use
888
Lotteries; chain letters; pyramid clubs
437
Lottery equipment, devices, and materials
886
I'l-wUl M.i'i1!
LXXXIV
INDEX
GAME AND FISH--
Bait dealers; commercial salt-water fishing; sport bait shrimping; commercial
bait shrimping; local business licenses; sales tax certificates; definitions;
fees
1047
Code revision
149
Crab bait; sales and use tax exemption on sales to. commercial
fishermen
1177
Hunting privileges; suspension for negligent hunting; hearings;
procedure
894
Liability of owners and keepers for injuries caused by animals
1033
Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund 700
Official waterfowl stamp; waterfowl programs
691
Wild animals; dealers; licenses; auctions
913
"GARDEN WEEK" DESIGNATED
256
GARNISHMENT--
Child and spousal support
^
785
Collection of taxes, fees, penalties, etc. by state revenue commissioner
931
Summons; Social Security numbers; deductions; federal court judgments ... 1632
GASOLINE--
Below Cost Sales Act
458
GENERAL ASSEMBLY--
Claims Advisory Board; state authorities and county and municipal depart-
ments
900
Clerk of the House of Representatives; fees
511
Code Revision Commission; codification
197
Code Revision Commission; publication of Official Code of Georgia Annotated;
correction of Acts
202
Commission on Governmental Liability
750
Consumers' Utility Counsel; reports to committees; audits; repeal date
494
Conveyances of state property; variances in requirements of filing with the
Secretary of State
1424
Daily expense allowance and reimbursable expenses of members
672
Georgia Agricultural Exposition Authority Overview Committee;
creation
1110
Georgia Fiscal Note Act; retirement bills deleted from provisions
1331
Georgia Rail Passenger Authority Overview Committee; created
1283
House districts 15, 16, 77, 81, 105, and 107 reapportioned
1472
Joint Study Committee on Superior Court Judgeships
325
Joint Urban County and Municipal Study Committee
748
Leases of state property; amendments to existing leases
1408
Legislative Services Committee; legislative areas; supplies; budgets; transfer
of funds
669
Legislative Services Committee to provide for distribution of bills, etc.;
fees
511
Local Constitutional Amendments Overview Committee
586
Office of Legislative Counsel
675
Payment of actual transportation costs during sessions
1055
INDEX
LXXXV
Retirement and pensions; service in the General Assembly
1334
Retirement bills
146
Salaries of members; cost-of-living increases
493
Secretary of the Senate; fees
-
511
State auditor's report; copies furnished to General Assembly on request .... 668
State Personnel Board; review of proposed rules; publication of rules
1250
GENERAL PROVISIONS--
Effective dates of general Acts affecting compensation of county officers 984
Law enforcement officer appreciation day designated
658
Statutes; computation of time periods
648
GENERAL TELEPHONE COMPANY OF THE SOUTHEAST--
Conveyance
328
GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER--
Zell Miller Corporate Conference Center designated
566
GEORGIA AGRICULTURAL EXPOSITION AUTHORITY ACT
801
GEORGIA AGRICULTURAL EXPOSITION AUTHORITY OVERVIEW COMMITTEE--
Creation
1110
GEORGIA ALLOCATION PLAN--
Allocation of issuance of bonds among governmental units
1143
GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985
1079
GEORGIA BUILDING AUTHORITY--
Parking facilities; contracts with Department of Industry and Trade
224
Police
|
554
Railroad excursions; power to operate
745
GEORGIA BUREAU OF INVESTIGATION--
Salvage motor vehicles Special Cocaine Task Force; cocaine education van
1227 552
"GEORGIA COORDINATE SYSTEM OF 1985"--
Enacted; property boundaries
>..
650
GEORGIA CORONER'S TRAINING COUNCIL ACT
.797
GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION--
State self-insurance program; participation
1117
LXXXVI
INDEX
GEORGIA CRIME INFORMATION CENTER--
Child care centers, home, and institutions; criminal records checks
963
First offender records
380
Personal care homes; criminal records checks
952
GEORGIA DEVELOPMENT AUTHORITY--
Water and sewer projects; environmental facility projects; local government
bonds
252
GEORGIA EMINENT SCHOLARS ENDOWMENT TRUST FUND
1654
GEORGIA FIREFIGHTER STANDARDS AND TRAINING COUNCIL--
Membership; certification transfers; airport firefighters
1493
GEORGIA FIREMEN'S PENSION FUND--
Code revision
209
GEORGIA FISCAL NOTE ACT--
Retirement bills deleted from provisions
1331
GEORGIA FOOD ACT--
Administrative penalties
1444
GEORGIA HAZARDOUS WASTE MANAGEMENT ACT--
Amended
266
GEORGIA INDUSTRIAL LOAN ACT--
Universities, colleges, and student loans exempted
249
GEORGIA LEGISLATIVE RETIREMENT SYSTEM--
Code revision General Assembly Service
209 1334
GEORGIA MEDAL OF HONOR
561
GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT--
Jurisdiction of corporate, recorder's, mayor's, and police courts
891
GEORGIA MOTOR VEHICLE EMISSIONS INSPECTION AND MAINTENANCE ACT--
Definitions; certificates; forms; tags and decals; fees; penalties Municipal court jurisdiction
1092 1390
INDEX
LXXXVII
GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCID-
Discipline of peace officers
539
GEORGIA POLYGRAPH EXAMINERS ACT
1008
GEORGIA PROPRIETARY SCHOOL ACT--
Definitions; exemptions; bonds; penalties; names
990
GEORGIA RAIL PASSENGER AUTHORITY--
Created
1283
GEORGIA RAIL PASSENGER AUTHORITY OVERVIEW COMMITTEE--
Created
1283
GEORGIA REAL ESTATE COMMISSION--
Membership; licensing; powers
360
GEORGIA RESIDENTIAL FINANCE AUTHORITY--
Bonds; single-family residential housing program Definitions; residential and family farm mortgages
1121 818
GEORGIA STATE GUARD--
Name changed to "State Defense Force"
356
GEORGIA TIME-SHARE ACT--
Offering statements; sales agreements; applications for registration; unfair
trade practices
856
GEORGIA YOUTHFUL OFFENDER ACT OF 1972--
Comprehensive revision
420
GIFTS TO MINORS ACT, GEORGIA--
"Financial institution" defined
819
GILMER COUNTY--
Commissioner; compensation Tax commissioner; compensation and commissions
4587 4504
GLASCOCK COUNTY--
Clerk of the superior court placed on annual salary
4487
GLENVILLE, CITY OF--
Mayor and council; elections
4756
LXXXVIII
INDEX
GLYNN COUNTY--
Board of commissioners; compensation
3906
Board of commissioners; exchange of real property with the state
342
Board of education; compensation
3860
Brunswick-Glynn County Charter Commission; time limits; referendums ... 3605
Brunswick-Glynn County Charter Commission; local constitutional amend-
ment continued
3603
Clerk of the superior court; personnel
3732
Coroner; compensation
4152
GORDON COUNTY--
Conveyance of state property to the board of commissioners
559
GRAIN DEALERS--
Licenses; renewal; revocation; bonds; actions
643
GRANTVILLE, CITY OF--
New charter
5030
GREENE COUNTY--
Board of education; local constitutional amendment continued
4248
Greene County Development Authority; local constitutional amendment con-
tinued
4246
GREENE COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4246
GRUMAN AEROSPACE CORPORATION--
Conveyance of state property
319
GUESS, GEORGE--
Portrait placed in state capitol
596
GRIFFIN, CITY OF--
Board of commissioners; elections; terms
3626
Griffin-Spalding County Development Authority; local constitutional amend-
ment continued
3845
GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3845
GWINNETT COUNTY--
Educational funds collected by tax commissioner
4741
Homestead exemption from Gwinnett County School District ad valorem
taxes; referendum
5106
INDEX
LXXXIX
H
HABERSHAM COUNTY--
Board of commissioners; elections; purchases and repairs
4808
Board of education; borrowing funds; local constitutional amendment con-
tinued
4205
Habersham County Industrial Development Authority; local constitutional
amendment continued
4207
HABERSHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4207
HALL COUNTY--
State court; assistant solicitors; clerical employees of solicitor
3566
HAMBY, MS. CHRISTINE CAROU-
Compensation
607
HAMMONDS, EDDIE, JR.--
Compensation
....
324
HANDICAPPED PERSONS--
Access to public buildings Blind persons; unfair practices by insurance companies Code revision Deaf persons; interpreters; dual state employment Handicapped parking; towing expenses
863 464 149 1034 558
HART COUNTY--
Hart County Industrial Building Authority; local constitutional amendment
continued
4453
HART COUNTY INDUSTRIAL BUILDING AUTHORITY--
Local constitutional amendment continued
4453
HAZARDOUS MATERIALS--
Transportation; Public Service Commission; jurisdiction
469, 1394, 1499
HAZARDOUS MATERIALS EMERGENCY RESPONSE ADVISORY COUNCIL .853
HAZLEHURST, CITY OF--
Mayor and board of commissioners; elections Recorder's court; penalties
4547 5245
xc
INDEX
HAZARDOUS WASTE MANAGEMENT ACT--
Amended
266
HEAD-INJURED PERSONS--
Registration by Department of Human Resources
871
HEALTH--
Abatement of public nuisances injurious to public health, safety, or comfort
in certain counties (450,000 or more)
1
388
Abortion; disposal of human fetuses
1421
Ambulatory surgical centers; reports of nonaccidental injuries to
patients
898
Blood tests; paternity
279
Cancer Advisory Committee; membership
1186
Code revision
149
Coroners; duties; dead bodies
843
County boards of health; consolidated city-county governments; fees for
environmental health services
419
County boards of health; creation by ordinance in certain counties (550,000
or more)
384
County boards of health; funeral directors, embalmers, and funeral estab-
lishments
1447
Death certificates; death outside county of residence; voter registration
officers to be notified
1417
Drug abuse treatment and education programs; licenses; confidential infor-
mation
476
Food sales establishments; inspection
660
Group health insurance; discontinuance; grace periods; notices
1039
Head-injured persons; registration by Department of Human Resources 871
Health Planning Agency; rules and regulations
829
Health planning and development; hospitals; semiannual reports
827
Hospice patients; post-mortem examinations
1073
Hospital care for indigent pregnant women
829
Hospitals; fire safety inspections
721
Hospitals; special purpose county sales and use tax
868
Interment of deceased indigent persons by counties
265
Kidney Disease Advisory Committee; membership; staff; programs
1413
Living wills; preparation by medical facilities
455
Medical assistance; obtaining through false statements or fraud
1395
Medical malpractice; limitations of actions
556
Missing persons
1128
Nursing homes; barber and cosmetology licenses not required
1133
Patient Cost of Care Act; definitions; financial information; insurance ...... 987
Personal care homes; fire safety standards
869
Personal care homes; licenses; criminal records checks; penalties; immunity
from liability
952
Scoliosis screening of public school students
424
Sterilization of mentally incompetent persons; petitions; reports; standards
of proof; procedure
1134
Transfer of mentally ill, alcoholic, and drug dependent individuals from
private facilities to state facilities
873
Tuberculosis hospitalization; committment procedures
620
INDEX
XCI
HEALTH SPAS--
Contracts; bonds; forms
938
HEARD COUNTY--
Board of education; elections; referendum Clerk of the superior court; salary County commissioner; compensation Judge of the probate court; compensation Sheriff; compensation Tax commissioner; compensation; personnel
5078 3520 3511 3516 3518 3513
HELEN, CITY OF--
New charter
3743
HENRY COUNTY--
Ad valorem tax exemption of capital improvements of new manufacturing
establishments; local constitutional amendment continued
5171
Ad valorem tax exemption on tangible personal property in transit; local
constitutional amendment continued
5178
Board of commissioners; publication of financial reports and
audits; treasurer's reports; appointments
3942
Board of education; composition; local constitutional amendment
continued
3932
Board of education; elections
4938
County and municipal ad valorem tax exemption on personal property in
transit; local constitutional amendment continued
3938
Henry County Community Improvement Districts Act
4946
Henry County Development Authority; compensation; expenses; ratification
of actions
3549
Henry County Development Authority; local constitutional amendment
continued
3831
Henry County Water and Sewerage Authority; members holding other
offices
3934
Water and sewer bonds; local constitutional amendment continued
3936
Water and sewer tax; local constitutional amendment continued
3940
Water or water and sewerage revenue bonds; local constitutional amendment
continued
5159
HENRY COUNTY DEVELOPMENT AUTHORITY--
Compensation; expenses; ratification of actions Local constitutional amendment continued
3549 3831
HENRY COUNTY WATER AND SEWERAGE AUTHORITY--
Members holding other offices
3934
HIGHWAYS, BRIDGES, AND FERRIES--
Antebellum Trail
568
Cattle; transportation; brucellosis control
704
Code revision
149
XCII
INDEX
Captain William Cone Bridge
610
Flat-bed van carriers; loads; signs
1002
The Doctors Floyd Bridge designated
608
Handicapped parking; towing expenses
558
Charlie Kendrick Memorial Bridge
594
Horace "Gus" Layson Memorial Bridge designated
327
Archie L. Lindsey Memorial Bridge
350
Richard B. Neville Memorial Bridge
589
I. M. Peeples Memorial Bridge designated
321
"Transportation of Hazardous Materials Act"; transfer of jurisdiction from
Department of Transportation to Public Service Commission 469, 1499
Walter A. Scott Memorial Bridge
564
Veterans Memorial Highway
576
Waste or used oil for dust suppression or road treatment; dioxin
266
HOLIDAYS AND OBSERVANCES--
Law enforcement officer appreciation day
658
HOSPICE PATIENTS--
Post-mortem examinations
1073
HOSPITAL AUTHORITY OF FLOYD COUNTY--
Vacancies
4427
HOSPITALS--
Disposal of human fetuses Fire safety inspections by state fire marshal Indigent pregnant women; hospital care Living wills; preparation Medical malpractice; limitations of actions Semiannual reports to Health Planning Agency
1421 721 829 455 556 827
HOUSE OF REPRESENTATIVES--
House districts 15, 16, 77, 81, 105, and 107 reapportioned
1472
HOUSTON COUNTY--
Board of education; grants for handicapped citizens; local constitutional
amendment continued
4329
Branch offices for county government and board of education; local constitu-
tional amendment continued
4869
Houston County Development Authority; local constitutional amendment
continued
4873
Special court; local constitutional amendment continued
4871
Superior court judges; salary supplements
4591
HOUSTON COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4873
INDEX
XCIII
HOUSTON JUDICIAL CIRCUIT-- Judges; salary supplements
HUNTING-- Suspension of hunting privileges for negligent hunting; hearings; procedure
4591 894
1
ILA, CITY OF--
Mayor; term of office
3883
INCOME TAX--
Assessment; time periods
1350
Refunds; Nongame Wildlife Conservation and Wildlife Habitat Acquisition
Fund
700
Withholding exemption certificates
1411
INDUSTRY AND TRADE, DEPARTMENT OF--
Gifts; agreements; advertising and promotion
428
INSURANCE--
Accident and sickness insurance policies; reserves
1087
Blind persons; unfair practices in insurance
464
Code revision
149
Credit life insurance; extraordinary payments of indebtedness; term
for which debtor is eligible for insurance
616
Examination expenses; commissions
1087
Fees; service of process on certain insurers; original certificates of authority;
charter documents
1399
Georgia Correctional Industries Administration; participation in state self-
insurance program
1117
Georgia Insurers Insolvency Pool; supervision; covered claims;
board membership; assessments
1485
INSURANCE--
Georgia Motor Vehicle Accident Reparations Act; jurisdiction of corporate,
recorder's, mayor's, and police courts
891
Group health insurance; discontinuance; grace periods; notices
1039
Group life insurance; coverage of dependents; amount of coverage
998
Group life insurance; extraordinary payments of indebtedness; term for
which debtor is eligible for insurance
616
Insurance fraud; definition, penalties
.723
Insurance premium finance companies
1087
Investments by insurers in the African Development Bank authorized
1104
Motor vehicle insurance; county, municipal, or political subdivision insur-
ance
1054
Motor vehicle private lines insurance policies; death or divorce of insured;
spouse's coverage
935
Motor vehicles; salvage motor vehicles
1227
XCIV
INDEX
Prepaid legal service plans
Premium rates determined by contract; filing; binders; challenges
Product liability insurance; reports
Surplus line insurance; brokers' bonds; unauthorized insurers
Taxis; motor vehicle safety responsibility; self-insurers
Unclaimed funds
i
1087 994 228 1239 989 1087
INTERSTATE COMPACTS--
Adoption services
518
IRWIN COUNTY--
Board of commissioners; compensation; secretary Sheriff; personnel; compensation
4915 4403
IRWINTON, CITY OF--
Name changed; chief of police; mayor and aldermen; recorder and recorder
pro tempore
4731
IVEY, TOWN OF--
Elections; corporate limits; recorder's court
4220
JACKSON COUNTY-- Board of commissioners; compensation
JEFF DAVIS COUNTY-- Board of education; elections; referendum
JEFFERSON COUNTY-- Tax commissioner; compensation
JESUP, CITY OF-- Mayor and commissioners; elections; compensation
JOHNSON COUNTY-- Judge of the probate court; clerical assistance Superior court judges; salary supplements
JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM-- Code revision Part-time employment; benefits
JOINT STUDY COMMITTEE ON SUPERIOR COURT JUDGESHIPS JOINT URBAN COUNTY AND MUNICIPAL STUDY COMMITTEE
4200
4493
3741
4121
4365 3806
209 1359
325 748
INDEX
XCV
JONES COUNTY-- Board of education; dates corrected
4144
JUDGES OF THE PROBATE COURTS RETIREMENT FUND--
Code revision
209
JURIES--
Grand juries; trial juries in superior and state courts
1511
Grand jury inspections of county affairs; commencement of actions to compel
county governing authorities to comply with law
1053
Jury commissioners; succession in office
887
Persons 70 or older; removal from jury list
512
JUVENILE COURTS--
Shelter care; informal detention hearings
1313
K
KEEN, FLOYD--
Compensation
582
KENDRICK, CHARLIE, MEMORIAL BRIDGE
594
KICKBACKS PROHIBITED
617
KIDNEY DISEASE ADVISORY COMMITTEE--
Membership; staff; programs
1413
KINGSLAND, CITY OF--
City manager
4698
KINGSTON, CITY OF--
Conveyance of state property
335
KITE, TOWN OF--
Councilmen; number changed
4367
U
LABOR AND INDUSTRIAL RELATIONS--
"Amusement Ride Safety Act"; regulation and licensing by the Department
of Labor
1453
Appropriations; supplemental for Department of Labor; administration of
employment security law
522
XCVI
INDEX
Attorney General to represent Department of Labor
708
Boiler and Pressure Vessel Rules, Board of; inspectors; rules; exemp-
tions
213
Code revision
149
Department of Labor; contingency clerks
547
Disposition of certain state owned properties under the custody of the
Department of Labor authorized
571
Employment Security Agency and Correctional Services Division of the
Department of Labor; references deleted from Code; powers and duties
transferred
708
Employment security; definition of "wages"
1357
Employment security; denial of benefits to certain employees of educational
institutions
901
Employment Security Law; appeals from decisions by independent hearing
officers
536
Employment Security Law; taxable wage base; "wages" redefined; weekly
benefits
696
State Employment Agency Advisory Council; termination date
355
State Employment Service Division and Unemployment Compensation
Division of the Department of Labor; references deleted from Code;
powers and duties transferred
708
Unemployment compensation claims against state agencies; processing;
reserve fund; contracts
973
Workers' compensation; benefits; hearings; medical services
727
Workers' compensation; Subsequent Iryury Trust Fund; self-insured
employers; board of trustees; reports; penalties; notices of possible
claims; hearings; settlements
1426
LAFAYETTE, CITY OF--
Elections; oaths; vacancies; investigations; mayor's powers; city manager ... 4106
LAGRANGE, CITY OF--
Corporate limits Downtown LaGrange Development Authority; district limits
3505 4090
LAMAR COUNTY--
Board of commissioners; elections Magistrate court; law library fees
5020 4437
LANIER COUNTY--
Board of commissioners; elections; terms Board of education; elections; terms; referendum
3820 3966
LANIER, SIDNEY--
Bust to be placed in state capital
338
LAURENS COUNTY--
Superior court judges; salary supplements Tax commissioner; compensation
3806 4541
INDEX
XCVII
LAW ENFORCEMENT OFFICERS AND AGENCIES--
Code revision
149
Criminal Justice Coordinating Council; membership
544
Dead bodies; hospice patients
1073
Department of Public Safety; acceptance of donations or conveyances
486
Driving under the influence; compensation of law enforcement officers for
attending license suspension hearings
630
Georgia Building Authority Police
554
Georgia Bureau of Investigation; salvage motor vehicles
1227
Georgia Bureau of Investigation; Special Cocaine Task Force; cocaine
education van
552
Georgia Crime Information Center; child care centers; criminal records
checks
..
963
Georgia Crime Information Center; first offender records
380
Georgia Crime Information Center; personal care homes; criminal records
checks
952
Georgia Peace Officer Standards and Training Council; discipline of peace
officers
539
Law enforcement officer appreciation day designated
658
Law enforcement officers killed or disabled in the line of duty; applications
for indemnification; time periods
413
Missing persons
1128
Personal care homes; criminal records checks
952
Weapons; destruction or sale of abandoned weapons
912
LAW LIBRARIES--
Costs; collection in corporate, police, recorder's, and mayor's courts
999
LAYSON, HORACE "GUS", MEMORIAL BRIDGE
327
"LEASE-PURCHASE AGREEMENT ACT" ENACTED
1341
LEASH LAWS--
Liability of owners and keepers for injuries caused by animals
1033
LEE COUNTY--
Board of commissioners; re-creation; elections; terms; qualifications; vacan-
cies; powers
4250
LEGAL ADVERTISEMENTS--
Rates allowed publishers
1042
LEGISLATIVE SERVICES COMMITTEE--
Legislative areas; supplies; budgets; transfer of funds
669
LIE DETECTORS--
Examiners; licenses
1008
LIENS--
Abandoned motor vehicles Mechanics' lien on farm machinery or equipment; priority
1265 1107
XCVIII
INDEX
LINCOLN COUNTY--
Board of commissioners; chairman's compensation
4331
LINDBERGH, CHARLES A.--
Historical marker at Souther Field
563
LINDSEY, ARCHIE L., MEMORIAL BRIDGE
350
LIVESTOCK--
Brucellosis in cattle; control and eradication
704
LIVING WILLS--
Preparation by medical facilities
455
LOCAL CONSTITUTIONAL AMENDMENTS OVERVIEW COMMITTEE
586
LOCAL GOVERNMENT--
Airports; municipal land leased to private parties
1649
Alcoholic beverage sales to underaged persons; counties and municipalities
to notify Department of Revenue of violations
1398
Bonds; Georgia Allocation Plan
1143
Bonds; investment of proceeds in certificates of deposit of state building
and loan or savings and loan associations
1461
Claims Advisory Board; county and municipal departments
900
Clerks of superior courts; minimum salaries
549
Code revision
149
Commercial bait shrimp dealers; local business licenses
1047
Contracts for public works; progress payments; retainages
1043
Corporate, recorders', mayors', or police courts of municipalities; penalties;
community service work
1391
Counties; grand jury inspections and reports; commencement of actions by
district attorneys to compel compliance with law
1053
Counties; hospital care for indigent pregnant women
829
Conflicts of interest; state nonelective officers and employees; holding local
offices
427
Consolidated city-county governments; county boards of health; fees for
environmental health services
V
419
Contracts; conspiracy in restraint of free and open competition; conspiracy
in restraint of trade
1184
Counties; interment of deceased indigent persons
265
County boards of education; chairmen; terms; organization
467
County boards of health; creation by ordinance in certain counties (550,000
or more)
384
County officers; effective dates of Acts affect compensation
984
County special purpose sales and use tax; hospitals
868
Development authorities; boards of directors in certain counties; (33,500-
34,000) changed to (33,500-34,600)
390
Fire departments; standards
1493
Hospitals; fire safety inspections to be conducted by state fire marshal
721
INDEX
XCIX
Joint Municipal Employees Retirement System; part-time employment;
benefits
1359
Kickbacks; coercing local government employees prohibited
617
Law library costs; collection in corporate, police, recorder's, and mayor's
courts
999
Motor vehicle insurance
1054
Municipal courts; jurisdiction over violations of Georgia Motor Vehicle
Accident Reparations Act
891
Municipal water and sewage systems; charges
1393
Municipalities; corporate, recorders', mayors', or police courts; penalties;
community service work
1391
Municipalities; jurisdiction of corporate, recorder's, mayor's, and police
courts over violations of the Georgia Motor Vehicle Emissions Inspec-
tion and Maintenance Act
1390
Municipalities; Sunday sales of alcoholic beverages in certain
municipalities
1000
Ordinance violations; cash bonds in magistrate courts
417
Penal institutions; use of inmates for private gain prohibited
1483
"Redevelopment Powers Law" enacted
1360
Sales and use tax; special 1 percent county sales and use tax; county general
obligation debt; referendums
232
Tax commissioners and collectors acting as ex officio sheriffs;
compensation
1115
Tax commissioners and collectors; minimum salaries
456
Urban Residential Finance Authorities Act For Large Municipalities
(400,000 or more)
391
Used car dealers; regulation
975
Zoning and planning in counties of 400,000 or more and cities therein 1178
"Zoning Procedures Law" enacted
1139
LONG COUNTY--
Board of commissioners; compensation
4230
LOTTERIES--
Chain letters; pyramid clubs
437
LOTTERY EQUIPMENT, DEVICES, AND MATERIALS--
Manufacture, sale, shipment, and demonstration
886
LOWNDES COUNTY--
Ad valorem tax exemption for real property of historical interest; local
constitutional amendment continued
3661
Assessments for street improvements; local constitutional amendment
continued
3657
Board of commissioners; compensation
3794
Board of education; local constitutional amendment continued
4132
Board of tax assessors; local constitutional amendment continued
3888
Combined city-county revenue and tax administrations; local constitutional
amendment continued
3663
Homestead exemptions from ad valorem taxes; local constitutional amend-
ment continued
3655
c
INDEX
Itinerant peddlers, vendors, and tradesmen; licenses; local constitutional
amendment continued
3659
License taxes on businesses; local constitutional amendment continued 3651
Valdosta-Lowndes County Industrial Authority; local constitutional amend-
ment continued
.
3710
LYONS, CITY OF--
Lyons Development Authority; local constitutional amendment continued
Mayor and council; elections
4501 3714
LYONS DEVELOPMENT AUTHORITY-- Local constitutional amendment continued
4501
M
MACON, CITY OF--
Corporate limits
4727
Macon-Bibb County Industrial Authority; additional member
3600
Macon-Bibb County Industrial Authority; local constitutional amendment
continued
5168, 5274
Macon-Bibb County Urban Development Authority; local constitutional
amendment continued
5269
Macon-Bibb County Water and Sewerage Authority; employees' pension
plan
4543
Macon-Bibb County Water and Sewerage Authority; water distribution lines;
petitions; costs
4556
Pensions and retirement system; benefits
5293
MACON-BIBB COUNTY INDUSTRIAL AUTHORITY--
Additional member Local constitutional amendment continued
MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY--
3600 5168, 5274
Local constitutional amendment continued MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY--
5269
Employees' pension plan Water distribution lines; petitions; costs
4543 4556
MACON COUNTY--
Board of commissioners; membership; elections
3849
Board of education; elections
4112
Macon County Industrial Building Authority; local constitutional amend-
ment continued
3843
MACON COUNTY INDUSTRIAL BUILDING AUTHORITY--
Local constitutional amendment continued
3843
INDEX
Cl
MADISON COUNTY--
Board of commissioners; salaries and expenses; clerk; employees'
retirement
4802
Board of education; local constitutional amendment continued
4834
Clerk of the superior court; judge of the probate court; tax commissioner;
compensation; personnel; budgets
4770
Madison County Industrial Development and Building Authority; local
constitutional amendment continued
4832
Madison County Industrial Development and Building Authority; mem-
bership; officers; compensation; bylaws
4781
Sheriff; compensation; personnel; budgets
4777
MADISON COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING AUTHORITY--
Local constitutional amendment continued Membership; officers; compensation; bylaws
4832
-
4781
MAGISTRATE COURTS--
Bonds of magistrates; notice or summons in civil actions
636
Cash bonds for ordinance violations
417
Service of process in civil actions
627
Subpoenas for production of documentary evidence; postjudgment discovery
and interrogatories; contempt of court
1003
Training for magistrates who are attorneys
1416
MARIETTA, CITY OF--
Annexation; meetings of legislative delegation
5111
Chiefs of police and fire departments; civil service
5264
Corporate limits
...... 5113, 5147
Council members; mileage allowance; per diem
5307
De-annexation of property
5143
Downtown Marietta Development Authority; district enlarged
4506, 4911
MARION COUNTY--
Board of education; districts; elections; referendum
4573
McDuffie county--
Tax commissioner; compensation; chief deputy; vacancies
5103
McIntosh county--
McIntosh County Industrial Development Authority; local constitutional amendment continued
McIntosh County Industrial Development Authority; projects
3501 3503
McINTOSH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued Project; definition
3501 3503
CII
INDEX
MECHANICS' LIENS--
Farm machinery or equipment; priority
1107
MEDAL OF HONOR
561
MEDICAL ASSISTANCE--
Obtaining through false statements or fraud
1395
MEDICAL CONSENT--
Scoliosis; screening of public school students
424
MEDICAL MALPRACTICE--
Limitations of actions
556
MENTAL HEALTH--
Alcoholics; treatment; effective date of law extended
1185
Clinical records on treatment of alcoholics and drug abusers; confidentiality;
exceptions
996
Code revision
149
Court orders for examination of allegedly mentally retarded persons; reports;
procedures
926
Drug abuse treatment and education programs; licenses; confidential infor-
mation
476
Hearing officers; fees and expenses
875
Mentally ill, alcoholic, or drug dependent persons; emergency receiving
facilities; involuntary outpatient treatment; time periods; proce-
dure
1024
Missing persons
1128
Patient Cost of Care Act; definitions; financial information; insurance
987
Sterilization of mentally incompetent persons; petitions; reports; standards
of proof; procedure
1134
Transfer of mentally ill, alcoholic, and drug dependent individuals from
private facilities to state facilities
873
MERIWETHER COUNTY--
Board of commissioners; elections Board of education; elections; school superintendent
3895 4611
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY--
Board of directors
3609
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS--
Barbers on military installations in Georgia; licenses Beauty shops and cosmetologists on military installations Emergency Management Division of the Department of Defense; title of
deputy director changed to "executive director" Georgia Medal of Honor Selective Service System; drivers' license information State Defense Force; name changed from "Georgia State Guard"
1419 1057
468 561 1339 356
INDEX
CIII
MILLEDGEVILLE, CITY OF--
Corporate limits; city officers; terms; vacancies
4031
MILLER, ZELL, CORPORATE CONFERENCE CENTER
566
MINING--
Surface mining; change in mine ownership; bonds
879
MINORS--
Alcoholic beverages; misrepresentation of identity; penalties Credit union deposits by minors in their own names Gifts to minors; "financial institution" defined Medical malpractice Next friends; receipt of proceeds of any personal action; bonds Sex offense cases; testimony; procedures
782 823 819 556 656 1190
MISSING PERSONS--
Hospital patients
ti
1128
MITCHELL COUNTY--
Local sales and use tax for Mitchell County School District; local consti-
tutional amendment continued
3719
Mitchell County Development Authority; local constitutional amendment
continued
3890
MITCHELL COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3890
MONTGOMERY COUNTY--
Clerk of superior court placed on annual salary
3959
Montgomery County Development Authority; local constitutional amend-
ment continued
3964
MONTGOMERY COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3964
MORELAND, TOWN OF--
New charter
5053
MORGAN COUNTY--
Board of education; elections; school superintendent; referendum Magistrate court; clerk; court costs
4643 3857
MORGANTON, TOWN OF--
Mayor and councilmen; terms; elections; vice-mayor
4879
CIV
INDEX
MOTOR CARRIERS--
Appeals from decisions of employees of the Public Service Commission 1126
MOTOR FUEL TAX--
Assessment; time periods Highway and nonhighway uses; storage receptacles; records
1350 1644
MOTOR FUELS--
Below Cost Sales Act
458
MOTOR VEHICLE SALES FINANCE ACT--
Delinquency charges; finance charges; class actions prohibited
698
MOTOR VEHICLES AND TRAFFIC--
Abandoned motor vehicles; definitions; foreclosure of liens; notices
1265
Certificates of title; applications; trailers
1271
Certificates of title; compliance with federal emission and safety standards;
documents must be in English
693
Certificates of title; damaged motor vehicles; sale of salvage motor vehicles;
insurers; notification of Georgia Bureau of Investigation
1227
Certificates of title; fees for filing applications and notices of security interests
or liens; tag agents fees
.485
Code revision
*
149
Driver improvement clinics; reciprocal agreements with other states
409
Drivers' licenses for persons under 21; implied consent; habitual violators;
probationary licenses; serious traffic offenses; defensive driving courses;
driver improvement clinics; leaving the scene ...
758
Drivers' records of school bus drivers; furnishing to school systems
1339
Duplicate registration certificates; issuance by county tag agents
1276
Emission and safety standards; unlawful to sell motor vehicle not in com-
pliance
692
Financial responsibility; self-insurers; qualifications; vehicles for hire
989
Flat-bed van carriers; loads; signs
1002
Georgia Motor Vehicle Emissions Inspection and Maintenance Act; juris-
diction of municipal courts
1390
Handicapped parking; towing expenses
558
Implied consent; compensation of law enforcement officers for attending
hearings on license suspensions
630
License fees; payment by check
537
License plates and decals; reports of loss or mutulation
1278
License plates; Emory University sesquicentennial
520
License plates; prestige or special license plates; fees; honorary counsular
plates; county decals
261
License plates; prisoners of war
1278
Motorcycle license fees
1
Motor vehicle emissions inspections; definitions; certificates; forms; tags and
decals; fees; penalties
1092
Motor vehicle insurance; death or divorce of insured; spouse's coverage . 935
Motor Vehicle Safety Responsibility Act; recovery of judgments; notices of
the amount of security required
1647
INDEX
CV
"Private carrier" redefined; hazardous materials; jurisdiction of Public Service Commission
School bus drivers; driving records made available to boards of education
School bus drivers to report vehicles passing stopped school buses; penalties
Selective Service System; drivers' license information Taxis; self-insurers Used car dealers; used motor vehicle parts dealers
1394
1182
1175 1339
989 975
MOULTRIE, CITY OF--
Mayor and council; elections; quorum; vacancies; board of health; interest
on taxes; civil service abolished
3522
Moultrie-Colquitt County Development Authority; local constitutional amend-
ment continued
4745
MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4745
MULTILEVEL DISTRIBUTION COMPANIES--
Lotteries
437
MURRAY COUNTY--
Clerk of the superior court, sheriff, judge of the probate court, and tax commissioner; compensation
Commissioner; compensation Coroner; compensation; deputy coroner Murray County Industrial Development Authority; local constitutional
amendment continued
3573 3581 3579
3792
MURRAY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3792
MUSCOGEE COUNTY--
Coroner placed on annual salary School district; contracts; purchases School district; council districts used for appointment of board of
education School district; public art galleries
4216 3782
3886 4439
N
NEVILLE, RICHARD B,, MEMORIAL BRIDGE
589
NEWNAN, CITY OF--
Board of water, sewerage, and light commission; local constitutional
amendments continued
4258, 4260
School system merged with Coweta County schools; local constitutional
amendment continued
4171
CVI
INDEX
NEWSPAPERS--
Legal advertisement rates
1042
NEWTON COUNTY--
Board of commissioners; compensation Board of education; compensation Newton County Industrial Development Authority; local constitutional
amendment continued
4136 4641
4932
NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4932
NEW TRIALS--
Orders; contents
1312
NEXT FRIENDS--
Receipt of proceeds of any personal action; bonds
656
NONGAME WILDLIFE CONSERVATION AND WILDLIFE HABITAT ACQUISITION FUND--
Established; state income tax refunds
700
NOTARIES PUBLIC--
Qualifications; confidentiality of information; seal; signatures
1469
NUISANCES--
Abatement of public nuisances injurious to public health, safety, or comfort
in certain counties (450,000 or more)
388
NURSING HOMES--
Barber and cosmetology licenses
1133
O
OAKWOOD, CITY OF--
Corporate limits
4603
OCMULGEE JUDICIAL CIRCUIT--
Court reporters; salaries and expense allowances
4094
OFFENDER REHABILITATION--
Changed to "corrections" throughout Code; (see "Penal Institutions")
283
INDEX
OFFICIAL CODE OF GEORGIA ANNOTATED-- Code Revision Commission; codification and continuation Code revision; general Act Code revision; Title 21 Code revision; Title 47 Publication; corrections; powers of Code Revision Commission
OKLAHOMA-- Southern Regional Education Compact
OLIVER, CITY OF-- New charter
OSTEOPATHIC MEDICAL EDUCATION LOANS P
PARDONS AND PAROLES-- Employees of board injured in line of duty; compensation
PATAULA JUDICIAL CIRCUIT-- State Court of Early County; assistant district attorney as solicitor
PATIENT COST OF CARE ACT-- Definitions; financial information; insurance
PAULDING COUNTY-- Tax commissioner; compensation
PEACHTREE CITY-- Mayor; voting; veto powers
PECANS-- Sales and use tax exemption on pecan equipment
PEEPLES, I. M., MEMORIAL BRIDGE PELHAM, CITY OF--
Pelham Development Corporation; lease to PEMBROKE, CITY OF--
New charter
CVII
197 149 206 209 202
351
4377 450
1113
4343
987
3702
4202
624 321
569
4846
CVIII
INDEX
PENAL INSTITUTIONS--
Aggravated assault on a correctional officer; aggravated battery
on a correctional officer
628
Appearance bonds; forfeiture where principal is in custody
982
Board of Pardons and Paroles; compensation of employees injured in line
of duty
1113
Code revision
149
Correctional officers; witness fees
407
Death penalty; time period for executions
1463
Department of Offender Rehabilitation; compensation of employees injured
in line of duty
1113
First offenders; records
380
Forms for use by inmates in actions against state and local
governments
883
Georgia Correctional Industries Administration; participation in state self-
insurance program
1117
Georgia Youthful Offender Act of 1972; comprehensive revision
420
Guilty but mentally ill persons; examination reports on mental condition
of defendants
637
Habeas corpus and nonjury proceedings involving inmates of state correc-
tional institutions
440
Offender rehabilitation; words changed to "corrections" throughout
Code
283
Parole; notices to victims
739
Parole supervision fees; amount; duration; uniformity; advance payment;
conditional release
......--
414
Prison guards killed or disabled in the line of duty; applications for
indemnification; time periods
413
Probated sentences of more than two years; review
516
Restitution orders; damage to state property by inmates
231
Use of inmates for private gain prohibited; penalties
1483
Work-release programs; participation; escape; funds earned
1259
PERRY, CITY OF--
Mayor and council; residency; districts
3531
Mayor pro tempore; conflicts of interest; legal representation; city manager;
fiscal year
3535
PERSONAL CARE HOMES--
Fire safety standards
869
Licenses; criminal records checks; penalties; immunity from liability
952
PETROLEUM PRODUCTS--
Below Cost Sales Act
458
PIERCE COUNTY--
Board of commissioners; elections; referendum Board of education; elections; referendum State court; judge and solicitor; compensation Superior court judges; supplements
4836 4841 4186 3879
INDEX
CIX
PINE HILL WATER AND SEWERAGE AUTHORITY--
Act repealed
gM3802
POLK COUNTY--
Board of education recreated; referendum
Polk County Water Authority; compensation
Tax commissioner; compensation
.
4985 4743 3796
POLK COUNTY WATER AUTHORITY--
Compensation of members
4743
POLYGRAPH EXAMINERS ACT, GEORGIA
1008
POOL HALLS--
Alcoholic beverage sales
657
POST-MORTEM EXAMINATIONS--
Hospice patients
1073
POWDER SPRINGS, CITY OF--
Corporate limits
4075
PROBATE COURTS--
Judges; qualifications for office Judges; minimum salaries Jurisdiction in actions admitting wills to probate
1247 932
1650
PROFESSIONAL ASSOCIATIONS--
Registered office and agent required; fee; penalty
619
PROFESSIONAL PRACTICES COMMISSION--
Executive director and employees
1515
PROFESSIONS AND BUSINESSES--
Amusement Ride Safety Act
.
1453
Athletic trainers; licenses; examinations
985
Barbers; employment by beauty shops
1057
Barbers; licenses; military installations in Georgia; teaching;
apprentices
1419
Barbers; nursing home facilities; licensing
1133
Billiard rooms; alcoholic beverage sales
657
Cosmetologists; nursing homes; licensing
1133
Cosmetologists; State Board of Cosmetology; meetings; reports; sanitary
requirements of beauty shops and schools; military installations; cer-
tificates; employment of barbers
1057
cx
INDEX
Funeral directors, embalmers, and funeral establishments; examinations;
qualifications; county boards of health
1447
Medical student loans and scholarships
1122
Medicine; reports of nonaccidental injuries to patients of ambulatory surgical
centers
898
Osteopathic medical education loans
450
Pharmacists; armed robbery; controlled substances
1036
Polygraph examiners
1008
Real estate brokers and salespersons; laws relating to licensing revised 360
Registered foresters; liens
1322
Used car dealers
975
Used motor vehicle parts dealers
975
Veterinary medicine; reinstatement of expired licenses
406
Water and wastewater treatment plant operators and laboratory analysts;
definitions; termination date
432
PROPERTY--
Boundaries; "Georgia Coordinate System of 1985" enacted
650
Caves; entering posted or protected caves without permission; penalty 1075
Code revision
149
Contracts for public works; progress payments; retainages
1043
Criminal trespass; criminal damage to property in the second degree .. 484, 1491
Disposition of unclaimed property; time periods; records; delivery of assets . 1097
Elevator and escalator inspections
221
Georgia Residential Finance Authority; bonds; single-family residential
housing program
1121
Georgia Time-Share Act; offering statements; sales agreements; applications
for registration; unfair trade practices
856
Gifts to minors; "financial institution" defined
819
Handicapped persons; access to public buildings
863
Landmark museum buildings
936
"Lease-purchase Agreement Act" enacted
1341
Liens of registered foresters; created
1322
Mechanics' liens on personal property; farm machinery and equipment 1107
State Properties Commission; powers
1423
State property; conveyances; filing with the Secretary of State
1424
State space management; "administrative space" redefined
949
Weapons; destruction or sale of abandoned weapons held by law enforcement
agencies
912
Zoning procedures
1139, 1178
PUBLIC OFFICERS AND EMPLOYEES--
Certified oral or manual interpreters for deaf persons; dual state
employment
1034
Code revision
149
Coercing kickbacks prohibited
617
Conflicts of interest; employees of Board of Regents of University System
of Georgia; serving foundations
|
882
Conflicts of interests; interpreters for deaf persons
1034
Conflicts of interest; state nonelective officers and employees; holding offices
of political subdivisions, parties, and organizations
427
INDEX
CXI
Coroners; annual training; certification
797
Coroners; qualifications; bonds; fees; duties; dead bodies
843
General Assembly; members; daily expense allowance; reimbursable ex-
penses
672
General Assembly; payment of actual transportation costs during sessions . 1055
General Assembly; salary of members; cost-of-living increases
493
Georgia Correctional Industries Administration; participation in state self-
insurance program
1117
Law enforcement officers, firemen, and prison guards killed or disabled in
the line of duty; indemnification; time periods for applications
413
Notaries public; qualifications; seal; signatures
1469
Revenue shortfall reserve
252
School bus drivers; driving records made available to boards of
education
1182
Sheriffs; minimum annual salaries
430
State employees; flexible employee benefit plan; Employee Benefit Plan
Council created
'ift'Y
441
State Merit System; Department of Labor contingency clerks
547
State Merit System; quadrennial operations audits abolished
1120
State Merit System; rules of State Personnel Board; review by committees
of the General Assembly; publication
1250
State officials; compensation
524
Tax commissioners and collectors; minimum salaries
456
Tax commissioners, collectors, and receivers; qualifications; vacancies
489
Unemployment compensation claims against state agencies; processing;
reserve fund; contracts
973
PUBLIC RETIREMENT SYSTEMS STANDARDS LAW--
Code revision
209
Definitions; nonfiscal retirement bills
146
PUBLIC SERVICE COMMISSION--
Hazardous materials; jurisdiction; private carriers
1394
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION--
Carriers who are both common carriers and contract carriers; sales and
use tax
625
Cattle; transportation; brucellosis
704
Code revision
149
Consumers' Utility Counsel; reports; audits; repeal date
494
Georgia Rail Passenger Authority; created
1283
Hazardous Materials Emergency Response Advisory Council
853
Motor carriers; appeals from decisions of employees of the Public Service
Commission
1126
Obscene, lewd, or indecent telephone communications; penalties;
injunctions
1310
"Private carrier" redefined; transportation of hazardous materials; juris-
diction of Public Service Commission
1394
"Transportation of Hazardous Materials Act"; transfer of jurisdiction from
Department of Transportation to Public Service Commission 469, 1499
CXII
INDEX
PUTNAM COUNTY--
Board of education; local constitutional amendment continued
3818
Putnam County Development Authority; local constitutional amendment
continued
3955
PUTNAM COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3955
PYRAMID CLUBS--
Lotteries
-
437
--Q-- QUALITY BASIC EDUCATION ACT QUITMAN, CITY OF--
Board of commissioners; composition; elections; referendum
1657 4635
R
RAIL PASSENGER AUTHORITY
1283
RAILROADS--
Georgia Building Authority; operation of railroad excursions
745
RANDOLPH COUNTY--
Board of commissioners; compensation Deputy sheriffs; expenses of sheriffs office
3778 3646
REAL ESTATE BROKERS AND SALESPERSONS--
Licensing laws revised
360
REDEVELOPMENT POWERS LAW--
Additional redevelopment powers of counties and municipalities; tax allocation districts
1360
RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT--
Universities, colleges, and student loans exempted from Act
251
RETIREMENT AND PENSIONS--
Code revision
Employees' Retirement System of Georgia; accumulated sick and annual
leave
Employees' Retirement System of Georgia; Code revision
Employees' Retirement System of Georgia; General Assembly service
Georgia Firemen's Pension Fund; Code revision
Georgia Fiscal Note Act; retirement bills deleted from provisions
209
1624 209
1334 209
1331
INDEX
CXIII
Georgia Legislative Retirement System; Code revision
209
Georgia Legislative Retirement System; General Assembly service
1334
Joint Municipal Employees Retirement System; Code revision
209
Joint Municipal Employees Retirement System; part-time employment;
benefits
1359
Judges of the Probate Courts Retirement Fund; Code revision
209
Membership in public retirement systems of persons convicted of certain
crimes
.. . ...
1624
Public Retirement Systems Standards Law; Code revision
209
Public Retirement Systems Standards Law; definitions; nonfiscal retirement
bills
.
146
Rules and regulations; adoption by state retirement systems
1638
Sheriffs' Retirement Fund of Georgia; board of commissioners
514
Sheriffs' Retirement Fund of Georgia; Code revision
209
Sheriffs' Retirement Fund of Georgia; optional benefits; mortality tables;
actuarial equivalents
1348
Teachers Retirement System of Georgia; Code revision
209
Trial Judges and Solicitors Retirement Fund; Code revision
209
REVENUE AND TAXATION--
Ad valorem tax; tax bills and notices of tax assessments; contents;
forms
1262
Alcoholic beverages; excise tax on alcohol, distilled spirits, table wines, and
dessert wines
662, 665
Alcoholic beverages; farm wineries
979, 1403
Assessment of taxes; time periods; income taxes; sales and use taxes; motor
fuel taxes; road taxes
1350
Checks and money orders for payment of taxes and motor vehicle license
fees
537
Child and spousal support; tax setoffs
785
Code revision
149
Executions; alias executions; aggregation of executions and levy
1243
Garnishment to collect taxes, fees, penalties, etc
931
Income tax; assessment; time periods
1350
Income tax; refunds; Nongame Wildlife Conservation and Wildlife Habitat
Acquisition Fund
700
Income tax; withholding exemption certificates
1411
Motorcycle license fees
1
Motor fuel tax; assessment; time periods
1350
Motor fuel tax; highway and nonhighway use; storage receptacles; records . 1644
Motor vehicle title and tag fees
485
Road tax; assessment; time periods
1350
Sales and use tax; assessment; time periods
1350
Sales and use tax; crab bait exemption; commercial fishermen
1177
Sales and use tax; items used by carriers who are both common carriers
and contract carriers
625
Sales and use tax; pecan equipment
624
Sales and use tax; solar energy equipment
491
Sales and use tax; special county 1 percent sales and use tax authorized 232
Sales and use tax; special purpose county tax; use of proceeds for
hospitals
868
CXIV
INDEX
Tax commissioners and collectors acting as ex officio sheriffs;
compensation
1115
Tax commissioners and collectors as ex officio sheriffs; written consent of
sheriffs in certain counties (not less than 300,000)
1492
Tax commissioners and collectors; checks or money orders for payment of
taxes and motor vehicle license fees
537
Tax commissioners and collectors; minimum salaries
456
Tax commissioners, collectors, and receivers; qualifications; vacancies
489
REVENUE SHORTFALL RESERVE--
Water and sewer projects
252
RICHMOND COUNTY--
Clerk of the superior court; judge of the probate court; tax commissioner;
coroner; civil court judges; sheriff; compensation
5003
Employees' Pension Fund; retirement benefits
5194
Hospital authority; membership; vacancies
3892
License fees and business taxes; local constitutional amendment continued . 4138
Pine Hill Water and Sewerage Authority Act repealed
3802
Sheriff's Merit System Board; powers and duties
4816
RICHMOND COUNTY HOSPITAL AUTHORITY--
Membership; vacancies
3892
RIGHT WHALE--
Designated as the official Georgia state marine mammal
747
ROAD TAX--
Assessment; time periods
1350
ROCKDALE COUNTY--
Board of commissioners; compensation Chief magistrate; salary Clerk of superior court; compensation Coroner; compensation Judge of the probate court; salary Sheriff; compensation Sheriff; personnel Tax commissioner; salary
4668 4156 4671 4162 4158 4160 4001 4154
ROCKMART, CITY OF--
Interest rate on delinquent taxes
5220
ROME, CITY OF--
Rome-Floyd County Development Authority; local constitutional amend-
ment continued
4877
INDEX
CXV
ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4877
ROME JUDICIAL CIRCUIT--
Investigators
4424
ROSS, JOHN--
Portrait placed in state capitol
595
ROYSTON, CITY OF-- New charter
4286
S
SALE CITY, CITY OF--
Corporate limits
4944
SALES AND USE TAX--
Assessment; time periods Crab bait exemption; commercial fishermen Exemption of items used by carriers who are both common carriers and
contract carriers Pecan equipment exemption Solar energy equipment exemption Special county 1 percent sales and use tax authorized; county general
obligation debt; referendums Special purpose county tax; use of proceeds for hospitals
1350 1177
625 624 491
232 868
SANDERSVILLE, CITY OF--
Mayor and aldermen; elections; mayor pro tem
4902
SAVANNAH, CITY OF--
City contracts; competitive bidding; bonds Civil service Easement over state property Street improvements; bonds
5332 5336
339 5279
SCHLEY COUNTY--
Airport Authority; created
4681
SCHLEY COUNTY AIRPORT AUTHORITY
4681
SCOLIOSIS--
Screening of public school students
424
CXVI
INDEX
SCOTT, WALTER A., MEMORIAL BRIDGE
564
SECRETARY OF STATE--
Conveyances of state property; filing Foreign corporations; investigations; subpoenas; witness fees
1424 1281
SECURED TRANSACTIONS--
Financing statements; continuation statements; maturity dates; expiration . 1517
Mechanics' lien on farm machinery or equipment; priority
1107
SELECTIVE SERVICE SYSTEM--
Drivers' license information
1339
SEMINOLE COUNTY--
Clerk of the superior court; compensation Judge of the probate court; compensation Sheriff; compensation Tax commissioner; compensation
4526 4523 4529 4520
SENOIA, CITY OF--
Corporate limits
3867
SEQUOYAH--
Portrait placed in state capitol
596
SHERIFFS--
Minimum annual salaries
430
SHERIFFS' RETIREMENT FUND OF GEORGIA--
Board of commissioners Code revision Optional benefits; mortality tables; actuarial equivalents
514 209 1348
SHINALL, RITA N.--
Conveyance to
611
SLOT MACHINES, ANTIQUE
888
SMYRNA, CITY OF--
Mayor and councilmen; terms; referendum
4072
SOCIAL SERVICES--
Child care centers, homes, and institutions; criminal records checks;
licenses
963
INDEX
CXVII
Code revision
fa
149
Department of Human Resources; interstate compacts; reciprocal adoption
assistance services
518
Department of Medical Assistance; reciprocal and cooperative arrangements
with other states
517
Family violence; contempt actions; penalties
905
Family violence; petitions; duties of shelter or social service agency staff 983
Group day-care homes and day-care centers; fire safety
1642
Hospital care for indigent pregnant women
829
Interment of deceased indigent persons
265
Obtaining medical assistance benefits through false representations or fraud;
definitions; powers of Department of Medical Assistance
1395
SOIL EROSION AND SEDIMENTATION CONTROL--
Technical assistance to local governments; revocation of certification; civil
penalties; exemptions
1224
SOLAR ENERGY EQUIPMENT--
Sales and use tax exemption
491
SOUTHERN RAILWAY COMPANY--
Lease of state property in Chattanooga, Tennessee
577
SOUTHERN REGIONAL EDUCATION COMPACT--
Admission of Oklahoma
351
SPACE MANAGEMENT--
State "administrative space" redefined; agreements to rent or lease
949
SPALDING COUNTY--
Board of commissioners; membership; elections
3615
Chief magistrate; compensation
4435
Griffin-Spalding County Development Authority; local constitutional amend-
ment continued
3845
Tax commissioner; compensation .... %
.-4345
STATE AUDITOR--
Consumers' Utility Counsel Reports; furnishing copies to General Assembly State Merit System of Personnel Administration; quadrennial operations
audits abolished
494 668
1120
STATE BOARD OF PARDONS AND PAROLES--
Notices to victims
739
CXVIII
INDEX
STATE CAPITOL--
George Guess (Sequoyah); portrait to be placed in capitol
596
Sidney Lanier; bust to be placed in state capitol
338
John Ross; portrait to be placed in capitol
595
STATE COURTS--
Advanced deposit of court costs in certain counties (190,000-210,000) repealed
Retired judges and judges emeritus; issuance of warrants for arrest and search warrants
354 1105
STATE DEFENSE FORCE--
Name changed from "Georgia State Guard"
356
STATE EMPLOYMENT AGENCY ADVISORY COUNCIL--
Termination date
355
STATE FAIR--
Georgia Agricultural Exposition Authority
801
STATE FIRE MARSHAL--
Hospitals; fire safety inspections
721
STATE GOVERNMENT--
Code revision
149
Commission on Governmental Liability
750
Contracts; conspiracy in restraint of free and open competition; conspiracy
in restraint of trade
1184
Contracts for public works; progress payments; retainages
1043
Department of Medical Assistance; reciprocal and cooperative arrangements
with other states
517
Employee Benefit Plan Council created; flexible employee benefit plans for
state employees
441
Georgia Agricultural Exposition Authority
801
Georgia Building Authority; parking facilities; contracts with Department
of Industry and Trade
224
Georgia Building Authority Police
554
Georgia Building Authority; railroad excursions
745
Georgia Development Authority; water and sewer projects; environmental
facility projects; local government bonds
252
Georgia Rail Passenger Authority
1283
Industry and Trade, Board and Department of; receipt of gifts; cooperative
agreements; advertising and promotion
428
Right whale designated as the official Georgia state marine mammal
747
State auditor's report; furnishing copies to General Assembly
668
State officials; compensation
524
State Personnel Board; rules; publication; review by General Assembly com-
mittees
1250
t j.,-Vi, |.
1 i-H}!iuSt.'.MJCi fcfti
INDEX
CXIX
State Properties Commission; amendments to existing leases
1408
State Properties Commission; powers
1423
State property; conveyances; filing with the Secretary of State
1424
State space management; "administrative space" redefined; agreements to
rent or lease
949
Stone Mountain Memorial Association; membership
465
The Atlas of Georgia; designated as the official state atlas
562
Unemployment compensation claims against state agencies; processing;
reserve fund; contracts
973
STATE MEDICAL EDUCATION BOARD--
Medical student loans and scholarships
1122
STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION--
Department of Labor contingency clerks
547
Quadrennial operations audits abolished
1120
Professional Practices Commission; employees in the unclassified service ... 1515
Rules of State Personnel Board; review by General Assembly committees;
publication
1250
STATE PROPERTIES COMMISSION--
Amendments to existing leases; submission to the General Assembly Powers
1408 1423
STATE PROPERTY--
Conveyances; filing with the Secretary of State
1424
STATUTES--
Computation of time periods
648
STEPHENS COUNTY--
State court re-created
4673
STERILIZATION OF MENTALLY INCOMPETENT PERSONS--
Petitions; reports; standards of proof; procedure
1134
STEWART COUNTY--
Clerk of superior court; compensation
Deputy sheriff; compensation
Judge of the probate court; compensation
Sheriff; compensation
i
Tax commissioner; compensation
3826 3649 3826 3978 3980
STONE MOUNTAIN, CITY OF--
City manager
v
4164
cxx
INDEX
STONE MOUNTAIN MEMORIAL ASSOCIATION--
Membership
465
Police powers; ordinances; security officers; courts
448
SUBPOENAS--
Financial institutions to have five days to respond SUGAR HILL, CITY OF--
Corporate limits; council meetings; ordinances
1467 4701
SUMNER, TOWN OF-- Mayor and council; elections; terms; election day
3775
SUPERIOR COURTS--
Council of Superior Court Judges of Georgia; created
1130
Employment of law clerks or court administrators
1279
Schedule I or II controlled substances; offenses bailable only before a superior
court judge
416
Secretaries of judges and district attorneys; salaries
434
SURFACE MINING--
Ownership of surface mines; bonds
879
SURROGATE PARENTS--
Exemption from liability
447
SURVEYING--
"Georgia Coordinate System of 1985" enacted
650
SYLVESTER, CITY OF--
Mayor and council; elections
4317
--T--
TATTNALL COUNTY--
Board of commissioners; composition; elections;' powers and duties; em-
ployees; county attorney
4624
Board of education; elections; compensation
4760
Board of education; elections; local constitutional amendment continued .. .4271
State court; compensation of judge, solicitor, and clerical assistants
4620
Tattnall County Industrial Development Authority; local constitutional
amendment continued
4754
TATTNALL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4754
INDEX
CXXI
TAX COMMISSIONERS AND COLLECTORS--
Compensation; acting as ex officio sheriffs
Minimum salaries
Service as ex officio sheriffs in certain counties (not less than 300,000)
Tag and title fees
.
1115 456
1492 485
TAX COMMISSIONERS, COLLECTORS, AND RECEIVERS--
Qualifications; vacancies
489
TAYLOR COUNTY--
Board of commissioners; districts; elections Board of education; elections; referendum
5008 5087
TEACHERS RETIREMENT SYSTEM OF GEORGIA--
Code revision
209
TELEPHONES--
Obscene, lewd, or indecent telephone communications; dial-it services; penalties; injunctions
1310
TENNILLE, CITY OF--
Mayor and aldermen; elections; mayor pro tem
4894
THE ATLAS OF GEORGIA--
Designated as the official state atlas
562
THOMAS COUNTY--
Board of education and school superintendent; local constitutional amend-
ment continued
4554
THOMASTON, CITY OF--
Mayor and council; elections; qualifications
3665
Thomaston Office Building Authority; local constitutional amendment con-
tinued
3735
Thomaston-Upson County Industrial Development Authority; local constitu-
tional amendments continued
3737
Water, sewer, and electric system; local constitutional amendment
continued
3739
THOMASTON OFFICE BUILDING AUTHORITY--
Local constitutional amendment continued
3735
THOMASTON-UPSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY--
Local constitutional amendments continued
3737
CXXII
INDEX
THOMASVILLE, CITY OF--
Thomasville Payroll Development Authority; local constitutional amend-
ment continued
4552
THOMASVILLE PAYROLL DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4552
TIFT COUNTY--
Board of commissioners; purchases and contracts Board of elections and registration; created
4875 4193
TIMBER SALES--
Wood load tickets; contents
1077
TIME--
Computation of time periods
648
TOOMBS COUNTY--
Toombs County Development Authority; local constitutional amendment
continued
3962
TOOMBS COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3962
TOOMBS OAK--
Historical marker on campus of the University of Georgia
592
TORTS--
Actions for wrongful death; surviving spouse or children may recover ..... 1253
Animals; injuries caused by; liability of owners and keepers
1033
Code revision
149
Medical malpractice; limitation of actions
556
Motor vehicle insurance of counties, municipalities, and subdivisions
1054
Surrogate parents; exemption from liability
447
Time periods; computation
648
TOWNS COUNTY--
Treasurer; office abolished
4768
TREUTLEN COUNTY--
Superior court judges; salary supplements
3806
Treutlin County Development Authority; local constitutional amendment
continued
3983
INDEX
CXXIII
TREUTLIN COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3983
TRIAL JUDGES AND SOLICITORS RETIREMENT FUND--
Code revision
209
TRION, TOWN OF--
Homestead exemption for elderly residents; local constitutional amendment
continued
4967
Local sales and use tax for education; local constitutional amendment
continued
--
4447
TROUP COUNTY--
Board of commissioners; compensation
3911
Board of commissioners; districts
4598
Chief magistrate; compensation
3817
Compensation of sheriff, clerk of superior court, tax commissioner, and judge
of the probate court
3908
Coroner; salary
3815
State court; compensation of judge and solicitor
3914
TUBERCULOSIS--
Hospitalization; committment procedures
620
TWIGGS COUNTY--
Superior court judges; salary supplements
3806
TYBEE ISLAND, CITY OF--
Easement
605
TYRONE, TOWN OF--
Contracts Mayor and councilmen; elections
5304 4571
U
UNCLAIMED PROPERTY--
Disposition; time periods; records; delivery of assets
1097
UNEMPLOYMENT COMPENSATION--
Claims against state agencies; processing; reserve fund; contracts
973
See also "Employment Security Law" and "Labor and Industrial Relations"
UNFAIR TRADE PRACTICES--
Georgia Time-Share Act
856
CXXIV
INDEX
UNIFORM COMMERCIAL CODE--
"Bank" redefined; agents Secured transactions; financing and continuation statements; maturity
dates; expiration Secured transactions; mechanics' lien on farm machinery or equipment;
priority
825 1517 1107
UNIFORM PARTNERSHIP ACT--
Ownership of real property; dissenting statements; indemnification rights;
dissolution; creditors
1436
UNION CITY, CITY OF-- Municipal court; associate judge Municipal court; penalties
UNION COUNTY--
Union County Hospital Authority; vacancies
4844 5253
4268
UNION COUNTY HOSPITAL AUTHORITY-- Vacancies
4268
UNITED STATES OF AMERICA--
Exchange of property
331
UPSON COUNTY--
Thomaston-Upson County Industrial Development Authority; local constitu-
tional amendment continued
3737
URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE
MUNICIPALITIES (400,000 OR MORE)
391
USED CAR DEALERS--
Used motor vehicle parts dealers; licensure as used car dealers; local regula-
tion
975
V
VALDOSTA, CITY OF--
Combined city-county revenue and tax administrations; local constitutional
amendment continued
3663
Central Valdosta Development Authority; local constitutional amendment
continued
3871
Homestead exemptions from ad valorem taxes; local constitutional amend-
ment continued
3653
Valdosta-Lowndes County Industrial Authority; local constitutional amend-
ment continued
3710
INDEX
CXXV
VALDOSTA-LOWNDES COUNTY INDUSTRIAL AUTHORITY--
Local constitutional amendment continued
3710
VIDALIA, CITY OF--
Vidalia Development Authority; local constitutional amendment continued
3957
VIDALIA DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
3957
VITAL RECORDS--
Death certificates; death outside county of residence; voter registration officers to be notified
1417
VETERANS MEMORIAL HIGHWAY
576
VETERINARIANS--
Reinstatement of expired licenses
406
VOLUNTARY DISMISSAL OF ACTIONS
546
----W---
WALKER COUNTY--
Walker County Development Authority; local constitutional amendment con-
tinued
4169
Walker County Rural Water and Sewer Authority
3552
WALKER COUNTY DEVELOPMENT AUTHORITY--
Local constitutional amendment continued
4169
WALKER COUNTY RURAL WATER AND SEWER AUTHORITY--
Membership; revenue bonds
3552
WALTON COUNTY--
Board of commissioners; chairman's expense allowance Board of commissioners; compensation
3829 3985
WARE COUNTY-- .
Superior court judges; supplements
3879
WAREHOUSES--
Operators' license renewal and revocation; bonds; actions
645
CXXVI
INDEX
WARNER ROBINS, CITY OF--
Municipal court; penalties
4218
WARREN COUNTY--
Board of commissioners; chairman; county attorney; audits Clerk of the superior court; deputy clerk's compensation Tax commissioner; personnel; compensation
4429 4567 4569
WARRANTS--
Arrest and search warrants; issuance by retired judges and judges emeritus
of state courts
1105
WASHINGTON COUNTY--
Board of commissioners; recreation; elections; compensation Tax commissioner; compensation
4882 4363
WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS--
Definitions; termination date
432
WATERS OF THE STATE, PORTS, AND WATERCRAFT--
Code revision
149
Property within navigable waters and certain oceanic areas
906
WATER WELL STANDARDS ACT--
Revision and reenactment of Act
1192
WAYCROSS JUDICIAL CIRCUIT--
Judges' supplements
3879
WAYNE COUNTY--
Industrial development tax; local constitutional amendment continued State court; judge and solicitor; compensation; secretarial allowance
4589 4104
WEAPONS--
Destruction or sale of abandoned weapons held by law enforcement
agencies
912
Possession; commission of crimes involving controlled substances, cocaine,
marijuana, or illegal drugs
425
WESTERN AND ATLANTIC RAILROAD--
Conveyance of state owned property in the City of Dalton authorized
579
INDEX
CXXVII
WHITE, CITY OF--
Board of aldermen; vacancies
3790
WHITE COUNTY--
Board of education; elections; local constitutional amendment continued ... 4563
Clerk of the superior court; personnel
4452
Tax commissioner; compensation
4146
White County Industrial Building Authority; local constitutional amend-
ment continued
4565
WHITE COUNTY INDUSTRIAL BUILDING AUTHORITY--
Local constitutional amendment continued
4565
WHITFIELD COUNTY--
Board of elections and registration; created
4749
WILKES COUNTY--
Board of education; election districts
;
Homestead exemption from county and school district ad valorem taxes;
referendum
3558 4580
WILKINSON COUNTY--
Magistrate court; cost-of-living increases for magistrates and clerk
3999
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES--
Code revision
149
Deposit of money of an intestate decedent; checks and instruments payable
to intestate decedents
1241
Living wills; preparation by medical facilities
455
Motor vehicle insurance; spouse's coverage upon death or divorce of
insured
935
Probate in solemn form; service of notice; jurisdiction of probate courts 1650
Spouses, children, or descendents of intestate decedents; shares;
renunciation
1257
WINTERVILLE, CITY OF--
Mayor and councilmen; terms; elections
3925
WOODSTOCK, CITY OF--
Corporate limits
3869
WORKERS' COMPENSATION--
Benefits; hearings; medical services Code revision Subsequent Injury Trust Fund; self-insured employers; board of trustees;
reports; penalties; notices of possible claims; hearings; settlements
727 149
1426
CXXVIII
INDEX
WORK-RELEASE PROGRAMS-- Participation by inmates; escape; funds earned
WORTH COUNTY-- Board of commissioners; compensation
WRONGFUL DEATH-- Actions by surviving spouse or children Y
YOUTHFUL OFFENDER ACT OF 1972, GEORGIA-- Comprehensive revision Z
ZONING AND PLANNING-- Counties of 400,000 or more and cities therein "Zoning Procedures Law" enacted
1259 4578 1253
420
1178 1139
POPULATION
CXXIX
County Appling Atkinson Bacon Bakgr Baldwin
Banks Barrow Bartow Ben Hill Berrien
Bibb Bleckley Brantley Brooks Bryan
Bulloch Burke Butts Calhoun Camden
POPULATION OF GEORGIA COUNTIES
1980 15,565 6,141 9,379 3,808 34,686
1970 12,726 5,879 8,233 3,875 34,240
1960 13,246
6,188 8,359
4,543 34,064
1950 14,003 7,362
8,940 5,952 29,706
1940 14.497 7,093 8,096
7,344 24,190
8,702 21,354 40,760 16,000 13,525
6,833 16,859 32,911 13,171 11,556
6,497 14,485 28,267 13,633 12,038
6,935 13,115 27,370 14,879 13,966
8,733 13,064 25,283 14,523 15,370
150,256 10,767 8,701 15,255 10,175
143,366 10,291 5,940 13,743 6,539
141,249 9,642 5,891 15,292 6,226
114,079 9,218 6,387 18,169 5,965
83,783 9,655 6,871 20.497 6,288
35,785 19,349 13,665 5,717 13,371
31,585 18,255 10,560 6,606 11,334
24,263 20,596 8,976 7,341 9,975
24,740 23,458 9,079 8,578 7,322
26,010 26,520 9,182 10,438
5,910
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
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
6,412 45.404 28,271
5,680
187,816 25,813 20,541 31,059 65,177
3,636 98,126 6,405 196,793 22,828
32,298 22,327 12,129 32.310
5,748
18,087 9,910 3,639 22.310 415,387
15.658 10.404 89,639 28.659 12,682
6,672 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
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
9,103 34,156 12,199 5,256
117,970 15,138 18,532 20,126 28,398
7,064 11,655 6,437 38,272 21,541
33,012 9,433 11,919 26,972 7,128
17,540 5,894 4,479 22,234 86,942
21,022 16,886 28,565 10,053 18,679
1930 13,314 6.894 7,055 7,818 22,878
9,703 12,401 25,364 13,047 14,646
77,042 9,133 6.895 21,330 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 15.407 20,003 25,613
6,943 10,260 7,015 35.408 19,739
30.622 8,793 11,311 25,127 7,020
17,343 4,146 3,502 23.622 70,278
21,599 18,025 22,306 9,461 18.273
cxxx
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
POPULATION
1980 2,297 18,327 18,758 20,795 8,428
14,748 29,043 79,800 27,958 15,185
589,904 11,110 2,382 54,981 30,070
19,845 11,391 166,808 25,020 75,649
9,466 18,422 15,464 18,585 6,520
36,309 77,605 8,988 25,343 7,553
11,473 18,403 8,841 8,660 16,579
12,215 5,654 36,990 11,684 37,583
6,716 4,524 67,972 10,762 18,546
8,046 14,003 17,747 5,297 21,229
1970 1,924 13,632 17,262 18.357 7,290
13.357 11,364 73,742 16,928 12,784
605,210 8,956 2,280 50,528 23,570
17,826 10,212 72,349 20,691 59,405
9,019 15,927 11,520 15,814 5,354
23,724 62,924 8,036 21,093 5,760
9,425 17,174 8,332 7,727 12,270
10,688 5,031 32,738 7,044 17,569
5,895 3,746 55,112 8,728 15,276
7,371 12,933 13,517 5,099 19,461
1960 1,876 10,144 17,835 17,815 6,952
13,620 8,199 69,130 12.170 13,274
556,326 8,922 2,672 41,954 19.228
18,015 11,193 43,541 18,116 49,739
9,979 14,543 11,167 15.229 5,333
17,619 39,154 9,211 18,499 6,135
8,914 17,468 9,148 8,048 8,468
10,240 5,097 32,313 6,204 14,487
5,906 3,874 49,270 7,241 12,627
6,364 13.170 11,246 5,477 19,756
1950 2,494 9,133 18,585 19,789 6,653
15,192 7,978 62,899 11,005 14,446
473,572 9,963 3,579 29,046 18,922
18,928 12,843 32,320 16,553 40,113
11,052 14,663 11,265 14,495 6,975
15,857 20,964 11,973 18,997 7,473
9,299 18,855 10,264 9,893 7,538
10,242 5,151 33,123 6,674 8,444
6,462 3,598 35,211 6,574 11,443
6,008 14,213 12,238 6,521 21,055
1940 2,964 9,646 19,618 23,517 7,401
14,752 8,170 56,141 11,322 15,612
392,886 9,001 4,547 21,920 18,445
19,654 13,709 29,087 14,771 34,822
12,764 14,377 11,428 15,512 8,610
15,119 11,303 12,936 20,089 8,772
8,841 20,040 11,843 12,953 8,331
10,091 5,632 33,606 7,837 8,595
7,042 4,086 31,860 6,223 10,878
5,292 15,947 13,431 6,954 22,055
1930 2.744 10,164 18,485 24,101 7.102
12,969 8,665 48,677 10,624 15,902
318,587 7,344 4,388 19,400 16,846
19,200 12,616 27,853 12,748 30,313
13,070 13,263 11,140 15,174 9.102
15,924 11,280 12,199 21,609 8,594
8,118 20,727 12,908 12,681 8,992
9.745 5,190 32,693 8,328 8,153
7,847 4,180 29,994 4,927 9,014
5,763 16,643 14,921 6,968 22,437
County Miller Milton Mitchell Monroe Montgomery
Morgan Murray Muscogee Newton Oconee
Oglethorpe Paulding Peach Pickens Pierce
Pike Polk Pulaski Putnam Quitman
Rabun Randolph Richmond Rockdale Schley
Screven Seminole Spalding Stephens Stewart
Sumter Talbot Taliaferro Tattnall Taylor
Telfair Terrell Thomas Tift Toombs
Towns Treutlen Troup Turner Twiggs
Union Upson Walker Walton Ware
POPULATION
CXXXI
1980 7,038
21,114 14,610 7,011
11,572 19,685 170,108 34,489 12,427
8,929 26,110 19,151 11,652 11,897
8,937 32,382 8,950 10,295 2,357
10,466 9,599 181,629 36,747 3,433
14,043 9,057 47,899 21,761 5,896
29,360 6,536 2,032 18,134 7,902
11,445 12,017 38,098 32,862 22,592
5,638 6,087 50,003 9,510 9,354
9,390 25,998 56,470 31,211 37,180
1970 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
12,591 7,059 39,514 20,331 6,511
26,931 6,625 2,423 16,557 7,865
11.394 11,416 34,562 27,288 19,151
4,565 5,647 44,466 8,790 8,222
6,811 23,505 50,691 23,404 33,525
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
14,919 6,802 35,404 18,391 7,371
24.652 7,127 3,370 15.837 8,311
11,715 12,742 34,319 23,487 16.837
4,538 5,874 47,189 8,439 7,935
6,510 23,800 45,264 20,481 34,219
1950 9,023
22,528 10,523 7,901
11,899 10,676 118,028 20,185 7,009
9,958 11,752 11,705 8,855 11,112
8,459 30,976 8,808 7,731 3,015
7,424 13,804 108,876 8,464 4,036
18,000 7,904 31,045 16,647 9,194
24,208 7,687 4,515 15,939 9,113
13,221 14,314 33,932 22,645 17,382
4,803 6,522 49,841 10,479 8,308
7,318 25,078 38,198 20,230 30,289
1940 9,998
23,261 10,749 9,668
12,713 11,137 75,494 18,576 7,576
12,430 12,832 10,378 9,136 11,800
10,375 28,467 9,829 8,514 3,435
7,821 16,609 81,863 7,724 5,033
20,353 8,492 28,427 12,972 10,603
24,502 8,141 6,278 16,243 10,768
15,145 16,675 31,289 18,599 16,952
4,925 7,632 43,879 10,846 9,117
7,680 25,064 31,024 20,777 27,929
1930 9,076 6,730 23,620 11,606 10,020
12,488 9,215 57.558 17.290 8,082
12,927 12,327 10,268 9,687 12,522
10,853 25,141 9,005 8,367 3,820
6,331 17,174 72,990 7,247 5,347
20,503 7,389 23,495 11,740 11,114
26,800 8,458 6,172 15,411 10,617
14,997 18.290 32,612 16,068 17,165
4,346 7,488 36,752 11,196 8,372
6,340 19,509 26,206 21,118 26.558
CXXXII
POPULATION
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 17,480 17,858 2,362 4,596
7,742 55,108 6,998 10,184 9,393 14,770
1960 7,360 18,903 17,921 3,247 5,342
6,935 42,109 7,905 10,961 9,250 16,682
1950 8,779 21,012 14,248 4,081 6,712
5,951 34,432 10,167 12,388 9,781 19,357
1940 10,236 24,230 13,122 4,726 8,536
6,417 26,105 12,755 15,084 11,025 21,374
1930 11,181 25,030 12,647 5,032 9,149
6,056 20,808 13,439 15,944 10,844 21,094
5,462,982 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506
County Taliaferro ... Echols Webster Quitman .... Glascock
Schley Clay Baker Long Dawson Wheeler Marion Towns Lanier Calhoun Stewart Treutlen Atkinson Heard Talbot Warren Clinch Lincoln Montgomery
Miller Charlton Candler Jasper Wilcox Crawford Taylor McIntosh ... Evans Johnson Brantley Banks Jenkins Oglethorpe .
Pike Pulaski
Irwin ...... Seminole ...
POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS
Population 2,032 2.297 2,341 2,357 2,382 3,433 3.553 3,808 4,524 4,774 5,155 5.297 5,638 5,654 5,717 5,896 6,087 6,141 6,520 6,536 6,583 6,660 6,716 7,011 7,038 7,343 7,518 7.553 7,682 7,684 7,902 8,046 8,428 8,660 8.701 8.702 8,841 8,929 8,937 8,950 8,988 9,057
County Twiggs Bacon Union Hancock Turner Randolph White Bryan Putnam Wilkinson Rabun Lumpkin Bleckley Dooly Wilkes Gilmer. Greene Telfair Jeff Davis Morgan Pickens Lee Pierce Terrell Lamar
Dade Oconee Early Camden Cook Berrien
Butts Macon Screven Monroe Fannin Franklin
Brooks Harris Appling Ben Hill Jones
Population 9,354 9,379 9,390 9,466 9,510 9,599 10,120 10,175 10,295 10,368 10,466 10,762 10,767 10,826 10,951 11,110 11,391 11,445 11,473 11,572 11,652 11,684 11,897 12,017 12,215
12,318 12,427 13,158 13,371 13,490 13,525
13,665 14,003 14,043 14,610 14,748 15,185
15,255 15,464 15,565 16,000 16,579
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
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 ..
CXXXIII
Population 34,489 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 .. 5,462,982
CXXXIV MEMBERS OF THE GENERAL ASSEMBLY
COUNTY
Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert Emanuel Evans
GEORGIA STATE SENATE
Senatorial District
6 & 20 7 6 11 25 47 48
31 & 52 13 7
18, 26 & 27 19 6 8
3 & 4 4 21 17 11 6 4
29 &30 53 & 54
6 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
COUNTY
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
Senatorial
District
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 CXXXV
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
COUNTY
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
Senatorial District
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
CXXXVI MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1985-1986
District
Name
23-- 22--Thomas F. Allgood 29-- 18-- 33-- 39-- 13-- 51-- 56--Haskew H. Brantley, Jr. . 46-- 47--
3-- 5--Joe Burton 28--Kyle Cobb 1--J. Tom Coleman 40-- 45--Harrill L. Dawkins 49-- 31--Nathan Dean 21--Bill English 34-- 54--W. W. (Bill) Fincher, Jr. . 50-- 30-- 20--Hugh M. Gillis, Sr 26-- 27-- 37--Carl Harrison 52-- 12--A1 Holloway 17--Janice S. Horton 42--Pierre Howard 15-- 53-- 4-- 25--Culver Kidd 16-- 35-- 24-- 14-- 48-- 7--Ed Perry 9--R. T. (Tom) Phillips 19--
Address
F 3102 Walton Way Ext., rAaungkuAst.aA30lb9e0r9t P.O. Box 1523, Augusta 30903
A P.O. Box 1364, L.aGQruainllgiaen30B2a4l1dwin, Jr... E P.O. Box 5036, Warnedr RBoabriknesr31099 R 4841 Brookwood Dr., oMyaEb.leBtoanrn3e0s059 J 361 West View Dr., SW,uAliatlnanBtoan3d0310 R Box 417,oVonieynnLa. 3B1o0w92en M P.O. Box 1027, CaaxlhBoruannn3o0n701
P.O. Box 605, Alpharetta 30201 P 165 Pulaski St.,aAulthCe.nBs r3o0u6n10 M P.O. Box 37, H.aPrtawrkesll B3r0o6w43n G P.O. Box 585, HilneensnviEll.eB3r1y3a1n3t
2598 Woodwardia Rd., NE, Atlanta 30345 P.O. Box 1010, Griffin 30224
P.O. Box 22398, Savannah 31403
P 2015 Peachtree Rd., NE, aAutllaDn.tCa o3v0e3r0d9ell 1445-A Old McDonough Rd., Conyers 30207
J P.O. Box 2522, Ga.inNesavtihlalen3D05e0a3l 340 Wingfoot St., Rockmart 30153 214 Golf Dr., Swainsboro 30401
B 749 Pinehurst Dr., P.O. Box 908, eFvaiErbnugmram30213 P.O. Drawer 400, Chatsworth 30705
J P.O. Box 100, CohonrnCel.iaFo3s0t5e3r1 W 25 Azalea Trail, CararyonlletoGna3r0n1e1r7
P.O. Box 148, Soperton 30457
R .. Suite 517, Trust Co. Bank Bldg.i,cMhaarcdonL,. 3G1r2e0e1ne W 1261 Willingham Springs Rd., Tho. mF.a(sBtoinlly3)0H28a6rris
P.O. Box 1374, Marietta 30061 E P.O. Box 5511d,wRaormd eH3in01e,61Jr
P.O. Box 588, Albany 31702 430 Burke Circle, McDonough 30253
500 Fidelity National Bank Bldg., Decatur 30030 F P.O. Box 12127, CollouymdbHusud3g1i9n0s7 W P.O. Box 284, LaFaayymetotned30C7. 2H8uggins ... J P.O. Box 246, oCsleapxhtoEn.3K04e1n7nedy
P.O. Box 370, Milledgeville 31061
T 1069 Standing Boy Court, CeodluJm. bLuasn3d1904 A 1544 Niskey Lake Trail, rAthtluarnLtaan3g03fo3r1d, Jr S P.O. Box 520, WashamingPto. nM3c0G6i7l3l L P.O. Box 565, MonetewziusmHa. 3(B10u6d3) McKenzie D P.O. Box 862, LawrenocnenviHlle. P30ee2v4y5
P.O. Box 496, Nashville 31639 1703 Pounds Rd., Stone Mountain 30087 W Box 295, DaolutgelrasS.3R15a3y3
MEMBERS OF THE GENERAL ASSEMBLY CXXXVII
6--Riley Reddish 2--Albert (Al) Scott 36--David Scott 44--Terrell Starr 55--Lawrence (Bud) Stumbaugh 38--Horace Tate 11--Jimmy Hodge Timmons ... 32--Jim Tolleson 10--Paul Trulock 8--Loyce W. Turner 41--James W. (Jim) Tysinger .. 43--Eugene P. (Gene) Walker ..
Cherokee Lake, Jesup 31545 738 E. Victory Dr., P.O. Box 1704, Savannah 31402
190 Wendell Dr., SE, Atlanta 30315 4766 Tanglewood Lane, Forest Park 30050 1071 Yemassee Trail, Stone Mountain 30083
621 Lilia Dr., SW, Atlanta 30310 132 Woodlawn, Blakely 31723
2195 Beech Valley Dr., Smyrna 30080 P.O. Box 70, Climax 31734
608 Howellbrook Dr., Valdosta 31602 3781 Watkins Place NE, Atlanta 30319 2231 Chevy Chase Lane, Decatur 30032
CXXXVIII MEMBERS OF THE GENERAL ASSEMBLY
District
1 2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1985-86
Name J. Tom Coleman, Jr
Address
. P.O. Box 22398
Savannah 31403
. 738 E. Victory Dr. Albert (Al) Scott
P.O. Box 1704
Savannah 31402
. P.O. Box 585
Glenn E. Bryan
Hinesville 31313
. P.O. Box 246 Claxton 30417
Joseph E. Kenn
. 2598 Woodwardia Rd.JNoeE Burton Atlanta 30345
. Cherokee Lake Jesup 31545
Riley Reddish
. P.O. Box 496 Nashville 31639
Ed Perry
. 608 Howellbrook Dr. Loyce W. Turn Valdosta 31602
. 1703 Pounds Rd.
R. T. (Tom) Ph
Stone Mountain 30087
. P.O. Box 70 Climax 31734
Paul Trulock
. 132 Woodlawn Blakely 31723
Jimmy Hodge
. P.O. Box 588 Albany 31702
Al Holloway
. Box 417 Vienna 31092
Rooney L. Bo
P.O. Box 565 Montezuma 31063
Lewis H. (Bu
P.O. Box 12127 Columbus 31907
Floyd Hudgin
1069 Standing Boy Court Ted J. Land Columbus 31904
430 Burke Circle McDonough 30253
Janice S. Ho
P.O. Box 5036 Warner Robins 31099
Ed Barker
Box 295 Douglas 31533
Walter S. R
P.O. Box 148 Soperton 30457 214 Golf Dr. Swainsboro 30401
Hugh M. G Bill English
MEMBERS OF THE GENERAL ASSEMBLY CXXXIX
22 .
Thomas F. Allgood
P.O. Box 1523 Augusta 30903
23 .
Frank A. Albert
3102 Walton Way Ext. Augusta 30909
24.
Sam P. McGill
P.O. Box 520 Washington 30673
25 .
Culver Kidd
P.O. Box 370 Milledgeville 31061
26.
Richard L. Greene
Suite 517 Trust Co. Bank Bldg.
Macon 31201
27 .
W. F. (Billy) Harris
1261 Willingham Springs Rd. Thomaston 30286
28.
Kyle Cobb
P.O. Box 1010 Griffin 30224
29 .
A. Quillian Baldwin, Jr...
P.O. Box 1364
LaGrange 30241
30.
Wayne Garner
25 Azalea Trail Carrollton 30117
31.
Nathan Dean
340 Wingfoot St. Rockmart 30153
32.
. Jim Tolleson
2195 Beech Valley Drive Smyrna 30080
33.
. Roy E. Barnes
4841 Brookwood Drive Mableton 30059
34.
. Bev Engram
749 Pinehurst Dr. P.O. Box 908
Fairburn 30213
35
. Arthur Langford, Jr
. 1544 Niskey Lake Trail Atlanta 30331
36
. David Scott
. 190 Wendell Dr. SE Atlanta 30315
37
. Carl Harrison
. P.O. Box 1374 Marietta 30061
38
. Horace E. Tate
. 621 Lilia Dr. SW Atlanta 30310
39
. Julian Bond
. 361 West View Dr., SW Atlanta 30310
40
. Paul D. Coverdell
. 2015 Peachtree Rd., NE Atlanta 30309
41
. James W. (Jim) Tysinger.
. 3781 Watkins Place NE
Atlanta 30319
42
. Pierre Howard
. 500 Fidelity National Bank Bldg.
Decatur 30030
43
. Eugene P. (Gene) Walker.
. 2231 Chevy Chase Lane
Decatur 30032
44
. Terrell Starr
. 4766 Tanglewood Lane Forest Park 30050
45
. Harrill L. Dawkins
. 1445-A Old McDonough Rd. Conyers 30207
CXL
46 47 48 49 50 51 52 53 54 55 56
MEMBERS OF THE GENERAL ASSEMBLY
Athens 30610
Paul C. Broun
Hartwell 30643
M. Parks Brown
Donn M. Peevy Lawrenceville 30245
Gainesville 30503
J. Nathan Deal
Cornelia 30531
John C. Foster
Calhoun 30701
Max Brannon
Rome 30161
Edward Hine, Jr
LaFayette 30728
Waymond C. Huggins
Chatsworth 30705
W. W. (Bill) Fincher,
Lawrence (Bud) Stum Stone Mountain 30083
Alpharetta 30201
Haskew H. Brantley,
MEMBERS OF THE GENERAL ASSEMBLY
CXLI
GEORGIA HOUSE OF REPRESENTATIVES
COUNTY
Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta
Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert Emanuel Evans
House District
153 139 & 150
152 140 105 & 107 11 & 12 64 15 & 19 137 146 99/103 117 152 & 153 147 126 & 129 110 & 111 108 & 110 78 131 151 & 152 109 69, 70 & 71 2 & 3 150 & 151 122/128 112 & 130
5 8 & 10 13, 67 & 68
131 72 150 20 & 21 1
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 14 109 121
COUNTY
Fannin Fayette Floyd Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham
Hall Hancock Haralson
Harris Hart Heard Henry Houston Irwin Jackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin Macon Madison Marion McDuffie McIntosh Meriwether Miller Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee
House District
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 3 92/97 66 & 74 66
CXLII
MEMBERS OF THE GENERAL ASSEMBLY
COUNTY
Oglethorpe Paulding Peach Pickens Pierce Pike Polk Pulaski Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair
House District
14 18 & 41
98 8 152 75 & 79 17 & 18 117 106 130 4 130 85/90 57 112 110 & 111 114 75 & 76 11 130 116 91 82 121 112 118 & 137
COUNTY
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
House District
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
CXLIII
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1985-1986
District
Representative
56 36 79 21-Post 1 57-Post 3 127
8-Post 1 68 57-Post 1 21-Post 3 156 72-Post 5 140 62 108
Betty Aaron. G. D. Adams Marvin Adams Fred Aiken Dean Alford Roy L. Allen Wendell T. Anderson, Sr Bob Argo Troy A. Athon Bill Atkins Dean G. Auten Frank I. Bailey, Jr Ralph J. Balkcom Charles E. Bannister Emory E. Bargeron
10 59 148 72-Post 2 38 104
Bill H Barnett O. M. (Mike) Barnett James M. Beck Jimmy W. Benefield Lorenzo Benn Kenneth (Ken) W. Birdsong
Address
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 312 Emily Dr. Lilburn 30247 P.O. Box 447 202 E. Fifth St. Louisville 30434 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 . Route 1 Gordon 31031
CXLIV
MEMBERS OF THE GENERAL ASSEMBLY
94 30 138 137 91 34 88 154 95 20-Post 2 153-Post 2 146 133 129 89 15-Post 1 53 55 13-Post 1 23 118
4-Post 1 87 20-Post 3 106 40
Paul Bolster Henry Bostick Paul S. Branch, Jr Claude A. Bray, Jr Tyrone Brooks
Joe E. Brown
A. L. (Al) Burruss Roger C. Byrd Hanson Carter Tommy Chambless. George A. Chance, Jr
E. M. (Buddy) Childers Mrs. Mobley (Peggy) Childs. Betty J Clark Louie Max Clark Luther S. Colbert Terry L. Coleman Carlton H. Colwell Jack Connell Bill Copper Jesse Copelan, Jr Barbara H. Couch
P.O. Box 709
Sanford D. Bishop,
Columbus 31902
660 Woodland Ave., SE
Atlanta 30316
P.O. Box 94
Tifton 31793
Route 4, Box 499-A
Fitgerald 31750
P.O. Box 549
Manchester 31816
Station A, P.O. Box 11185
Atlanta 30310-0185
P.O. Box 1114
George M. Brown
Augusta 30903
217 Cherokee Trail
Hinesville 31313
P.O. Box 196
Thomas B. Buck II
Columbus 31902
P.O. Box 6338
Marietta 30062
P.O. Box 756
Hazlehurst 31539
808 River Rd.
Nashville 31639
P.O. Box 2008
Albany 31702
P.O. Box 373
Springfield 31329
3047 Walton Way
Don Cheeks
Augusta 30909
15 Kirkwood St.
Rome 30161
520 Westchester Dr.
Decatur 30030
P.O. Box 17852
Atlanta 30316
RFD 2
Danielsville 30633
. 495 Houze Way
Roswell 30076
. P.O. Box 157
Eastman 31023
. P.O. Box 850
Blairsville 30512
. P.O. Box 308
Augusta 30903
. 2432 Powder Springs Rd.
Marietta 30064
. P.O. Box 109
Eatonton 31024
. 2864 W. Roxboro Rd. NE
Atlanta 30324
MEMBERS OF THE GENERAL ASSEMBLY
CXLV
141
Walter E. Cox
5
John G. Crawford ....
150
17
*. Bill Cummings
33
J. C. Daugherty, Sr. ..
45 29 151 74 11-Post 1 73 112 84 22
6-Post 2 97 110 63 130 39 99
J. Max Davis Douglas C. Dean
Denny M. Dobbs William J. Dover Wesley Dunn Ward Edwards Warren D. Evans Dorothy Felton Philip A. (Phil) Foster Mary Jane Galer John F. Godbee Bill Goodwin
John W. Greer Denmark Groover, Jr.
124 131
8-Post 2
DeWayne Hamilton.. W. G. (Bill) Hasty, Sr.
202 West St. Bainbridge 31717 Route 1, Box 518 Lyerly 30730 Tom 7C0r5osWbya,cJorna 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 Harr1y30D3. CDoixraolnRd. 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 . 401 Lane St. Brooklet 30415
. 3823 Club Forest Dr. Norcross 30092
G.eRraoludteE.3,GBreoexn119 Cuthbert 31740
. 925 Healey Bldg. Atlanta 30303
. 165 First Street P.O. Box 755 Macon 31202
. P.O. Box 14562 Savannah 31406
B.oRboHutaenn1,eBr ox 26 Parrott 31777
. Route 9, Hilton Way Canton 30114
CXLVI
MEMBERS OF THE GENERAL ASSEMBLY
I43 83 72-Post 3 28 116 103 117 21-Post 2
9-Post 3 65 II123
21-Post 4 72-Post 4 76 42 125 Ill 27 20-Post 5 49
9-Post 2 72-Post 1 70
P .. Route 2 ost 2 Forest Hays, J
Flintstone 30725
Paul W. Heard, Jr
.. 102 Camp Creek Court
Peachtree City 30269
James P. (Jim) Hill
,. 471 Stevens Creek Rd.
Martinez 30907
C. E. (Ed) Holcomb
. P.O. Box 122
Jonesboro 30237
Bob Holmes
. 1850 King Geo. Lane, SW
Atlanta 30331
. P.O. Box 928
George Hooks
Americus 31709
Frank Horne
. 850 Walnut St.
Macon 31201
. Route 1, Box 29-A Newt Hudson
Rochelle 31079
Johnny Isakson
. 5074 Hampton Farms Dr.
Marietta 30067
Jerry D. Jackson
. P.O. Box 7275 Chestnut Mountain 30502
Neal Jackson
. 316 N. Broad St. Monroe 30655
P . P.O. Box 852 ost 2 Toccoa 30577
Mary Jeane
Diane Harvey Johnson
. 1201 E. Duffy St. P.O. Box 5544 Savannah 31414
Frank B. Johnson
. 436 Concord Rd. Smyrna 30080
Rudolph Johnson
. 5604 Reynolds Rd. Morrow 30260
Suzi Johnson
. P.O. Box 277 Orchard Hill 30266
Thomas M. Kilgore
. 1992 Tara Circle Douglasville 30135
Jack Kingston
. 30 Wylly Ave. Savannah 31406
Bob Lane
. 205 Aldred Ave. Statesboro 30458
Dick lane
. 2704 Humphries St. East Point 30344
Terry D. Lawler
P.O. Box 189 Clarkdale 30020
Tom Lawrence
2283 Stratmor Dr. Stone Mountain 30087
Bobby Lawson
P.O. Box 53 Gainesville 30503
Bill Lee.
5325 Hillside Dr. Forest Park 30050
Carolyn W. Lee
546 Burwell Road Carrollton 30117
MEMBERS OF THE GENERAL ASSEMBLY CXLVII
44 67 142 107 102 25
7 57-Post 2 60 26 145 12 15-Post 2 35 81
13-Post 2 153-Post 1 139
47 75 93 126 18 121
1-Post 1
John Linder Hugh Logan Bobby Long Jimmy Lord David E. Lucas
J. C. Maddox William C. (Bill) Mangum, Jr. Charles C. Martin
Hugh D. Matthews Lauren (Bubba) McDonald, Jr Forrest L. McKelvey J. E. (Billy) McKinney Wade Milam
Billy Milford Lundsford Moody James C. Moore Chesley V. Morton, Jr John L. Mostiler Roy D. Moultrie Anne Mueller Thomas B. Murphy Clinton Oliver Donald F. Oliver
5039 Winding Branch Dr. Dunwoody 30338 1328 Prince Ave. Athens 30601 1466 6th St., NW Cairo 31728 P.O. Box 254 Sandersville 31082 448 Woolfolk St. Macon 31201 Joh5n94MW. Leustpotvoenr Dr. Atlanta 30305 P.O. Box 577 Calhoun 30701 4320 Pleasant Forest Dr. Decatur 30034 470 Hill St. Buford 30518 JimSuMitaert6i1n5, 161 Spring St. Atlanta 30303 Route 1, Box 913 Moultrie 31768 Route 5, Dogwood Trail Commerce 30529 104 Hooper Str., RFD 1 Lindale 30147 765 Shorter Terrace NW Atlanta 30318 419 College Ave. P.O. Box 1361 LaGrange 30241 Route 3 Hartwell 30643 Route 1, Box 205 Baxley 31513 Route 2 West Green 31567 3580 Coldwater Canyon Ct. Tucker 30084 150 Meadovista Dr. Griffin 30223 P.O. Box 119 Hamilton 31811 13013 Hermitage Rd. Savannah 31419 . P.O. Drawer 1076 Bremen 30110 P.O. Box 237 Glennville 30427 . P.O. Box 386 16 Euclid Ave. Chickamauga 30707
CXLVIII MEMBERS OF THE GENERAL ASSEMBLY
86
Mike Padgett
122
James L. (Jim) Pannell
105
Bobby Eugene Parham
109
Larry J. "Butch" Parrish.
149
Robert L. Patten
2
19
Boyd Pettit
120
L. L. (Pete) Phillips
100
119
DuBose Porter
135
Howard H. Rainey
3
155
Virginia P. Ramsey
101
90
Dick Ransom
98
Robert Ray
147
Henry L. Reaves
50
Frank L. Redding, Jr
52
Eleanor L. Richardson
58
Cas Robinson
96
Pete Robinson
82
Ben Barron Ross
144
A. Richard Royal
64
John D. Russell
32
Mrs. Helen Selman
Route 1, Box 5 Augusta 30906 218 W. State St. P.O. Box 10186 Savannah 31412 P.O. Box 606 Milledgeville 31061 224 W. Main St. Swainsboro 30401 Route 1, Box 180 Lakeland 31635
Ringgold 30736 P.O. Box 1256 Cartersville 30120 P.O. Box 166 Soperton 30457
Macon 31208 125 N. Franklin St. Dublin 31021 913 Third Ave., E Cordele 31015
Chatsworth 30705 393 Lake Circle Drive Brunswick 31520
Macon 31204 2748 Mayo Rd. Augusta 30907 Route 1, Box 189 Fort Valley 31030 Route 2, Box 83 Quitman 31643 P.O. Box 117 Decatur 30030 755 Park Lane Decatur 30033 4720 Fellswood Dr. Stone Mountain 30083
Robert G. (Bob) P Frank C. Pinksto Tom Ramsey William C. (Billy
P-O. Box 2648 Columbus 31994
P.O. Box 245 Lincolnton 30817
20 N. Scott St. Camilla 31730
P-O. Box 588 Winder 30680
Jones Ferry Rd., Box 315 Palmetto 30268
71. 143. 37. 136.
78. 16.
152. 92. 66. 46. 69. 31. 2024 128
4113
80 85 115 61 77 114 41
MEMBERS OF THE GENERAL ASSEMBLY CXLIX
J. Neal Shepard, Jr Allen Sherrod Georganna T. Sinkfield Earleen Sizemore Larry Smith Paul E. Smith
Tommy Smith Calvin Smyre Frank E. Stancil Cathey W. Steinberg Charles Thomas . Mable Thomas . Steve Thompson . Kiliaen V. R. (Kil) Townsend . Tom Triplett . Ralph Twiggs . Ted W. Waddle . Kenneth Waldrep . Charles W. Walker . Larry Walker . Vinson Wall . J. Crawford Ware . Roy H. (Sonny) Watson, Jr . Charlie Watts . John White
P.O. Box 836 Newnan 30264
Route 1 Coolidge 31738
179 Tonawanda Dr., SE Atlanta 30315 Route 3 Sylvester 31791
P.O. Box 4155 Jackson 30233
2 Saddle Horn Drive P.O. Box 486 Rome 30162
Route 1 Alma 31510
P.O. Box 181 Columbus 31902
P.O. Box 694 Watkinsville 30677
1732 Dunwoody Place NE Atlanta 30324
P.O. Box 686 Temple 30179
P.O. Box 573 Atlanta 30301
4265 Bradley Dr. Austell 30001
56 Paces West Drive NW Atlanta 30327
P.O. Box 9586 Savannah 31402
P O. Box 432 Hiawassee 30546
113 Tanglewood Dr. Warner Robins 31093
87 N. Lee St. Forsyth 31029
1402 Twelfth St. Augusta 30901
P.O. Box 1234 Perry 31069
164 E. Oak St. Lawrenceville 30245
P.O. Box305 Hogansville 30230
P.O. Box 1905 Warner Robins 31099
505 Hardee St. Dallas 30132
P.O. Box 3506 Albany 31706
CL
MEMBERS OF THE GENERAL ASSEMBLY
21-Post 5 48 54 6-Post 1 20-Post 1 9-Post 1 51 14 134
Tom Wilder Betty Jo Williams Juanita Terry Williams Roger Williams Joe Mack Wilson Joe T. Wood Ken Workman Charles W. Yeargin Mary M. Young
2920 Rockbridge Rd.
Marietta 30066 2024 Castleway Dr. NE
Atlanta 30345 8 E. Lake Dr. NE
Atlanta 30317 132 Huntington Rd.
Dalton 30720 77 Church St.
Marietta 30060 P.O. Drawer 1417
Gainesville 30503 3383 Hyland Dr.
Decatur 30032 P.O. Box 584
Elberton 30635 423 Holloway Ave.
Albany 31705
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1985-1986 BY DISTRICTS AND ADDRESSES
CLI
District
Representative
Address
1-Post 1
I2 3 4-Post 1 4-Post 2 5 6-Post 1 6-Post 2 7 8-Post 1 899-Post 2 9-Post 3 10 II11-Post 2 12 13-Post 1 13-Post 2
Donald F. Oliver
P.O. Box 386
16 Euclid Ave.
Chickamauga 30307
Post 2 FRooruetset 2Hays, Jr
Flintstone 30725
RPo.bOe.rtBGo.x(5B5o0b) Peters
Ringgold 30736
TPo.mO.RBaomxse1y130
Chatsworth 30705
Carlton H. Colwell
P.O. Box 850 BlairsvUle 30512
Ralph Twiggs
P.O. Box 432 Hiawassee 30546
John G. Crawford
Route 1, Box 518
Lyerly 30730
Roger Williams
132 Huntington Rd.
Dalton 30720
Philip A. (Phil) Foster
411 College Dr. Apt E 16
Dalton 30720
J. C. Maddox
P.O. Box 577
Calhoun 30701
Wendell T. Anderson, Sr
RFD 4
Canton 30114
Post 2 . RWou. tGe.9(,BHUIi)ltHonasWtya, ySr
Canton 30114
Post 1 . PJ.Ooe. TD.raWwoeord.1417 Gainesville 30503
Bobby Lawson
. P.O. Box 53
Gainesville 30503
Jerry D. Jackson
. P.O. Box 7275
Chestnut Mountain 30502
Bill H. Barnett
. P.O. Box 755
Cumming 30130
Post 1 . "W TimilbliraomokJ,." DRoovueter 2
Clarkesville 30523
Mary Jeanette Jamieson
. P.O. Box 852 Toccoa 30577
Lauren (Bubba) McDonald, Jr.
. Route 5, Dogwood Trail Commerce 30529
Louie Max Clark
.RFD 2 Danielsville 30633
Billy Milford
. Route 3
Hartwell 30643
CLII
MEMBERS OF THE GENERAL ASSEMBLY
14 15-Post 1 15-Post 2 16
17 18 19 20-Post 1 20-Post 2 20-Post 3 20-Post 4 202121-Post 2 21-Post 3 21-Post 4 21-Post 5 22 23 24 25 26 27 28 29
Charles W. Yeargin
P.O. Box 584
Elberton 30635
E. M. (Buddy) Childers
15 Kirkwood St.
Rome 30161
Forrest L. McKelvey
104 Hooper St., RFD 1
Lindale 30147
2 Saddle Horn Drive Paul E. Smith
P.O. Box 486
Rome 30162
Route If 508 Morgan ValBleiyllRCdu. mmings
Rockmart 30153
P.O. Drawer 1076
Thomas B. Murphy
Bremen 30110
P.O. Box 1256
Boyd Pettit
Cartersville 30120
Joe Mack Wilson
77 Church St.
Marietta 30060
A. L. (Al) Burruss
P.O. Box 6338
Marietta 30062
Bill Copper
2432 Powder Springs Rd.
Marietta 30064
Steve Thompson
4265 Bradley Dr.
Austell 30001
P P.O. Box 189 ost 5 Clarkdale 30020
Terry D. Lawler
P 4020 Pineview Dors.t S1E Fred Aiken Smyrna 30080
Johnny Isakson
5074 Hampton Farms Dr.
Marietta 30067
Bill Atkins
4719 Windsor Dr. Smyrna 30080
Frank B. Johnson
436 Concord Rd. Smyrna 30080
Tom Wilder
2920 Rockbridge Rd. Marietta 30066
. 465 Tanacrest Dr. NW Dorothy Felton Atlanta 30328
, 495 Houze Way Roswell 30076
Luther S. Colbert
. 56 Paces West Drive NWKiliaen V. R. (Kil) To Atlanta 30327
. 594 Westover Dr. Atlanta 30305
John M. Lupton
. Suite 615, 161 Spring St. Jim Martin Atlanta 30303
. 2704 Humphries St. East Point 30344
Dick Lane
. 1850 King Geo. Lane, SWBob Holmes.. Atlanta 30331
. 346 Arthur St. SW Atlanta 30310
Douglas C. Dean
MEMBERS OF THE GENERAL ASSEMBLY
CLIII
30
Paul Bolster
660 Woodland A
Atlanta 30316
31
Mable Thomas
P.O. Box 573
Atlanta 30301
32
Mrs. Helen Selman
Jones Ferry Rd.,
Palmetto 30268
33
J. C. Daugherty, Sr
202 Daugherty B
15 Chestnut St. SW
Atlanta 30314
34
Tyrone Brooks
Station A, P.O. B
Atlanta 30310-0185
35
J. E. (Billy) McKinney
765 Shorter Terr
Atlanta 30318
36
G. D. Adams
3417 Northside D
Hapeville 30354
37
Georganna T. Sinkfield
179 Tonawanda
Atlanta 30315
38
Lorenzo Benn
579 Fielding Lan
Atlanta 30311
39
John W. Greer
925 Healey Bldg
Atlanta 30303
40
Barbara H. Couch
2864 W. Roxboro
Atlanta 30324
41
Charlie Watts
505 Hardee St.
Dallas 30132
42
Thomas M. Kilgore
1992 Tara Circle
Douglasville 30135
43
Paul W. Heard, Jr
102 Camp Creek
Peachtree City 30269
44
John Linder
5039 Winding B
Dunwoody 30338
45
J. Max Davis
1177 W. Nancy
Atlanta 30319
46
Cathey W. Steinberg
1732 Dunwoody
Atlanta 30324
47
Chesley V. Morton, Jr
3580 Coldwater
Tucker 30084
48
Betty Jo Williams
2024 Castleway
Atlanta 30345
49
Tom Lawrence
2283 Stratmor
Stone Mountain 30087
50
Frank L. Redding, Jr
P.O. Box 117
Decatur 30030
51
Ken Workman
3383 Hyland D
Decatur 30032
52
Eleanor L. Richardson
755 Park Lane
Decatur 30033
53
Mrs. Mobley (Peggy) Childs
520 Westcheste
Decatur 30030
54
Juanita Terry Williams
8 E. Lake Dr. N
Atlanta 30317
CLIV
MEMBERS OF THE GENERAL ASSEMBLY
55 56 57-Post 1 57-Post 2 57-Post 3 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72-Post 1 72-Post 2 72-Post 3 72-Post 4 72-Post 5 73 74
Troy A. Athon William C. (Bill) Mangum, Jr. Dean Alford
Bill Lee Jimmy W. Benefield C. E. (Ed) Holcomb Rudolph Johnson Frank I. Bailey, Jr
P.O. Box 17852
Betty J. Clark
Atlanta 30316
3920 Johns Hopkins Ct.Betty Aaron.
Decatur 30034
1161 Valley Dr. NE
Conyers 30207
4320 Pleasant Forest Dr.
Decatur 30034
20 Willowick Dr.
Lithonia 30058
4720 Fellswood Dr. Cas Robinson.
Stone Mountain 30083
1472 Ridgewood Dr. O. M. (Mike) Barnett
Lilburn 30247
470 Hill St.
Charles C. Martin
Buford 30518
164 E. Oak St.
Vinson Wall
Lawrenceville 30245
312 Emily Dr.
Charles E. Bannister
Lilburn 30247
3823 Club Forest Dr. Bill Goodwin
Norcross 30092
P.O. Box 588
John D. Russell
Winder 30680
316 N. Broad St.
Neal Jackson
Monroe 30655
P.O. Box 694
Frank E. Stancil
Watkinsville 30677
1328 Prince Ave. Hugh Logan
Athens 30601
P.O. Box 509
Bob Argo
Athens 30603
P.O. Box 686
Charles Thomas
Temple 30179
546 Burwell Road Carrollton 30117
Carolyn W. Lee
P.O. Box 836
J. Neal Shepard, Jr
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
Wesley Dunn
, 125 Hardwick Dr. Covington 30209
Denny M. Dobbs
MEMBERS OF THE GENERAL ASSEMBLY
CLV
75.
John L. Mostiler
76.
Suzi Johnson
77.
J. Crawford Ware
78.
Larry Smith
79.
Marvin Adams
80.
Kenneth Waldrep
81.
Wade Milam
82.
Ben Barron Ross
83.
, James P. (Jim) Hill
84.
. Warren D. Evans
85.
. Charles W. Walker
86.
. Mike Padgett
87.
. Jack Connell
88.
. George M. Brown
89.
. Don Cheeks
90.
. Dick Ransom
91.
. Claude A. Bray, Jr
92
. Calvin Smyre
93
. Roy D. Moultrie
94
. Sanford D. Bishop, Jr
95
. Thomas B. Buck III
96
. Pete Robinson
97
. Mary Jane Galer
98
. Robert Ray
99
. Denmark Groover, Jr
150 Meadovista Dr. Griffin 30223
P-O. Box 277 Orchard Hill 30266
P-O. Box 305 Hogansville 30230
P-O. Box 4155 Jackson 30233
709 Greenwood Rd. Thomaston 30286
87 N. Lee St. Forsyth 31029
419 College Ave. P.O. Box 1361 LaGrange 30241
P.0. Box 245 Lincolnton 30817
471 Stevens Creek Rd. Martinez 30907
P-O. Box 539 Thomson 30824
1402 Twelfth St. Augusta 30901
Route 1, Box 5 Augusta 30906
P-O- Box 308 Augusta 30903
P-O. Box 1114 Augusta 30903
3047 Walton Way Augusta 30909
2748 Mayo Rd. Augusta 30907
P-O. Box 549 Manchester 31816
P-O. Box 181 Columbus 31902
P.O. Box 119 Hamilton 31811
P-O. Box 709 Columbus 31902
P-O. Box 196 Columbus 31902
P-O. Box 2648 Columbus 31994
7236 Lullwater Rd. Columbus 31904
Route 1, Box 189 Fort Valley 31030
165 First Street P.O. Box 755 Macon 31202
CL VI
100 101 102 103 104 105 106 107 108
109 110 111 112 113 114 115 116 117 118
119 120 121 122
123
MEMBERS OF THE GENERAL ASSEMBLY
.. P.O. Box 4872 Macon 31208
Frank C. Pink
.. 2770 Hillcrest Ave. William C. (Bi Macon 31204
.. 448 Woolfolk St. Macon 31201
David E. Luca
.. 850 Walnut St. Macon 31201
Frank Horne
.. Route 1 Gordon 31031
Kenneth (Ken
.. P.O. Box 606
Bobby Eugen
Milledgeville 31061
.. P.O. Box 109 Eatonton 31024
Jesse Copela
.. P.O. Box 254 Sandersville 31082
Jimmy Lord
. P.O. Box 447 202 E. Fifth St.
Emory E. Ba
Louisville 30434
. 224 W. Main St. Swainsboro 30401
Larry J. "Bu
. 401 Lane St. Brooklet 30415
John F. God
. 205 Aldred Ave. Statesboro 30458 . P.O. Box 146 Butler 31006
Bob Lane Ward Edwa
. 113 Tanglewood Dr. Warner Robins 31093 . P.O. Box 1905 Warner Robins 31099 . P.O. Box 1234 Perry 31069 . P.O. Box 928 Americus 31709 . Route 1, Box 29-A Rochelle 31079
Ted W. Wa Roy H. (So Larry Wal George Ho Newt Hud
. P.O. Box 157 Eastman 31023
Terry L. C
. 125 N. Franklin St. Dublin 31021
DuBose P
, P.O. Box 166 Soperton 30457
L. L. (Pet
P.O. Box 237 Glennville 30427
Clinton O
218 W. State St. P.O. Box 10186 Savannah 31412
James L.
1201 E. Duffy St. P.O. Box 5544 Savannah 31414
Diane Ha
MEMBERS OF THE GENERAL ASSEMBLY
CL VII
124.
DeWayne Hamilton..
125.
Jack Kingston
126.
Anne Mueller
127.
Roy L. Allen
128.
Tom Triplett
129.
George A. Chance, Jr.
130.
Gerald E. Greene....
131.
Bob Hanner
132.
John White
133.
Tommy Chambless...
134.
Mary M. Young
135
Howard H. Rainey...
136
Earleen Sizemore....
137
Paul S. Branch, Jr...
138
Henry Bostick
139
James C. Moore
140
Ralph J. Balkcom ...
141
Walter E. Cox
142
. Bobby Long
143
. Allen Sherrod
144
. A. Richard Royal....
145
. Hugh D. Matthews ..
146
. Hanson Carter
147
. Henry L. Reaves ....
148
. James M. Beck
149
. Robert L. Patten
P.O. Box 14562 Savannah 31406 30 Wylly Ave. 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 20 N. Scott St. Camilla 31730 . Route 1, Box 913 Moultrie 31768 , 808 River Rd. Nashville 31639 . Route 2, Box 83 Quitman 31643 , 2427 Westwood Dr. Valdosta 31601 . Route 1, Box 180 Lakeland 31635
CLVIII MEMBERS OF THE GENERAL ASSEMBLY
150 151 152 153-Post 1 153-Post 2 154 155 156
Lunsford Moody Roger C. Byrd
Waycross 31501
Waycross 31501
Alma 31510 Route 1, Box 205 Baxley 31513 P.O. Box 756 Hazlehurst 31539
Hinesville 31313
Brunswick 31520
Brunswick 31520
Tom Crosby, Jr Harry D. Dixon Tommy Smith
Joe E. Brown Virginia P. Ramsey Dean G. Auten
MEMBERS OF THE GENERAL ASSEMBLY
CLIX
STATUS OF REFERENDUM ELECTIONS FOR THE YEARS
1953 THROUGH 1984
Georgia Laws
1953 (Jan./Feb.)... 1953 (Nov./Dec.) .. 1955 1956 1957 1958 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 1984
TOTALS
Referendums Proposed
14 21 17 39 24 45 34 47 27 38 39 35
9 23 25 39 48 48 44 43
3 64 21 25 33
1 26 13 25
5 22 10 36 18 37 980
Election Results Not Known
1 5 1 4
1 1 2 1 3 3 3 4
42
Not Held
1 1 1 2 1 1 1 2 5 3 1
2 2 1 3 1 5
1 2 1 1
2
1
4 2
2 3 51
Final Result
11 16 15 34 23 41 33 39 26 35 33 30
7 20 23 37 44 42 39 38
3 62 18 23 31
1 24 13 24
5 18 8 36 16 34 887
CLX
REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
f
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i /(<n i in 11 sh
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RESULTS OF REFERENDUM ELECTIONS
CLXI
urv..
Georgia Laws 1953, November-December session:
CLXII
RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1955:
CLXIV
RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
CLXV
CLXVI
RESULTS OF REFERENDUM ELECTIONS
t0tHo3 CoO 00t>35 1tcOCo s05
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Georgia Laws, 1956:
RESULTS OF REFERENDUM ELECTIONS CLXVII
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Georgia Laws, 1956:
CLXVIII RESULTS OF REFERENDUM ELECTIONS
'1 ' T
j-|'ti''rf-,j 'll'>ii< l<rtrMMiirV^jK* pfyjfL'-LWtJ
RESULTS OF REFERENDUM ELECTIONS
CLXIX
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Georgia Laws, 1957:
CLXX
Georgia Laws, 1958:
RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1958:
CLXXII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1958:
CLXXIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1959:
CLXXVI RESULTS OF REFERENDUM ELECTIONS
ia Laws, 1959:
| tfW!iT,J
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RESULTS OF REFERENDUM ELECTIONS CLXXVII
Georgia Laws,
CLXXVIII RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CLXXIX
Georgia Laws, 1960:
CLXXX RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CLXXXI
CLXXXII RESULTS OF REFERENDUM ELECTIONS
I> CO i-l CO
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Georgia Laws, 1961:
ift.pi ji (fij'fi ,i nunni gsgg|&
RESULTS OF REFERENDUM ELECTIONS CLXXXIII
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CLXXXIV RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CLXXXV
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CLXXXVI RESULTS OF REFERENDUM ELECTIONS
f- mi,"i ( H .11 liii'iiK! :ti.-mijij{j iiK'MfoftM RESULTS OF REFERENDUM ELECTIONS CLXXXVII
CLXXXVIII RESULTS OF REFERENDUM ELECTIONS
3
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RESULTS OF REFERENDUM ELECTIONS CLXXXIX
Georgia Laws 1964, January-February session: (Repealed by Ga. L. 1964, Ex. Sess., p. 2342)
CXC
Georgia Laws 1964, January-February session:
RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
CXCI
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1972, January/February session: | L. 1973, p. 2268 changed date of election.
CXCIII
CXCIV
Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
CXCV
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Georgia Laws 1972, January/February session:
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Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
CXCVII
Georgia Laws 1973, January/February session:
CXCVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1973, January/February session:
Georgia Laws 1974, January/February session:
RESULTS OF REFERENDUM ELECTIONS
CXCIX
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RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1974, January/February session:
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RESULTS OF REFERENDUM ELECTIONS
COUNTY
Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan
Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia .... Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty ... Douglas Early Echols Effingham Elbert
GENERAL ELECTION Date 11-5-74
"Common Day of Rest" Act of 1974 Ga. L. 1974, p. 186
Yes
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
CCI
No
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
ecu
RESULTS OF REFERENDUM ELECTIONS
COUNTY
Emanuel
Evans Fannin
Fayette
Floyd Forsyth Franklin
Fulton Gilmer Glascock
Glynn Gordon Grady Greene Gwinnett Habersham ..
Hall Hancock Haralson Harris Hart Heard Henry Houston Irwin Jackson Jasper Jeff Davis ... Jefferson .... Jenkins Johnson Jones Lamar Lanier
Laurens Lee Liberty Lincoln Long Lowndes Lumpkin Macon Madison Marion McDuffie -- McIntosh .. Meriwether Miller Mitchell ... Monroe Montgomery Morgan ....
Murray Muscogee .. Newton Oconee Oglethorpe . Paulding ... Peach
Yes
803
231
829
1,752
5,764
1,415
513
56,902
674 96
2,067
1,477 524 962
8,846 1,215 5,111
363 1,289
908 420 351 2,125 4,338 285 2,166 352 250 405 279 373 826 748 115 1,839 410 385 236 149 2,069 1,043 541 731 167 707 508 1,501
83 697 906 206 791 414 10,456 1,832 848 698 1,350 874
No
1,353
676
729
2,153
7,222
1,576
1,502
38,497
825 201
2,658 1,428
1,273 1,101 10,024 1,281 3,714
503 1,616 1,322 1,408
417 2,638 5,170
676 2,042
493 522 1,380 489 990 1,147 855 290 3,649 837 567 565 254 3,382 504 765 883 368 1,336 418 1,520 210 1,688 1,058 611 1,186 492 12,112 2,364 877 684 1,643 1,339
A
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RESULTS OF REFERENDUM ELECTIONS
CCIII
COUNTRY
Pickens
Pierce ... Pike Polk Pulaski Putnam
Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas Tift Toombs Towns Treutlen Troup Turner Twiggs Union Upson Walker Walton Ware Warren Washington Wayne Webster Wheeler White Whitfield Wilcox Wilkes Wilkinson Worth
TOTAL
Yes
536
311 652 1,973 430 565
85 618 334 7,477 1,811 117 514 309 2,867 698 183 1,119 320
70 484 520 359 456 1,315 940 975 535 333 2,550 334 427 1,330 2,145 2,104 1,397 1,363 173 1,035 660
99 257 941 2,030 239 439 395 423
434,559
No
443
540 713 2,009 566 545
142 701 790 11,596 2,032 171 740 588 3,258 1,673 329 1,925 326 192 960 741 977 1,062 2,173 1,716 1,640 247 630 3,831 870 696 548 2,115 2,264 1,786 1,910 364 2,037 1,118 127 698 562 2,274 759 1,531 765 1,203
363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.
CCIV
RESULTS OF REFERENDUM ELECTIONS
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CCV
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RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
CCVII
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CCVIII
RESULTS OF REFERENDUM ELECTIONS
Date of November 7, 1978 General Election. This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
Referendum Election Results: Acts of the 1978 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
CCIX
ccx
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1978 Session of the General Assembly
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Referendum Election Results: Acts of the 1979 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
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CCXII
Referendum Election Results: Acts of the 1980 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1981 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
CCXIII
CCXIV
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly These are 1981 laws that were required to be held in 1982.
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly These are 1981 laws that were required to be held in 1982.
CCXV
CCXVI
Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly
CCXVIII RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
CCXIX
Referendum Election Results: Acts of the 1983 Session of the General Assembly
Referendum Election Results: Acts of the 1983 Session of the General Assembly
County Union Wilkinson
SUBJECT 4514 Election & filling of vacancies of Board of Education 3911 Board of Education compensation & election
Elision 5- 3-83 5- 3-83
Resuh Yes 147 No 10 Yes 582 No 198
RESULTS OF REFERENDUM ELECTIONS
CCXX
Referendum Election Results: Acts of the 1984 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
CCXXI
CCXXII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1984 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS CCXXIII
CCXXIV RESULTS OF REFERENDUM ELECTIONS
RpfpranHnm Election Results: Acts of the 1984 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS CCXXV
BY THE GOVERNOR OF THE STATE OF GEORGIA
A PROCLAMATION
BY THE GOVERNOR:
WHEREAS:
Pursuant to the provisions of Article X, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, eleven Constitutional Amendments to the Constitution of the State of Georgia of 1983 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 6, 1984; and
WHEREAS:
The number of votes cast for and against the ratification of the 11 Constitutional Amendments to the Constitution of the State of Georgia of 1983 voted on in the General Election held on November 6, 1984, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and
WHEREAS:
Said certifications are attached hereto and by reference are made a part hereof; and
WHEREAS:
Code Section 21-2-502 of the Official Code of Georgia Annotated provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitutional Amendment.
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY
PROCLAIMED:
That proposed Constitutional Amendments numbers 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11 which appeared upon the 1984 General Election ballot, all of which are Amendments to the Constitution of the State of Georgia of 1983, having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1984 General Election held on Tuesday, November 6, 1984, are a part of the Constitution of the State of Georgia
CCXXVI RESULTS OF REFERENDUM ELECTIONS
of 1983. Unless the amendment itself shall provid otherwise, each amendment to the Constitutio shall become effective on January 1, 1985.
FURTHER:
I do proclaim that proposed Constitutional Amend ment number 3 which appeared upon the 1984 Gen eral Election ballot, which was a proposed Amendment to the Constitution of the State of Georgia of 1983 not having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1984 General Election held on Tuesday, November 6, 1984, is not a part of the Constitution of the State of Georgia of 1983.
This 4th day of December, 1984.
Attest
JOE FRANK HARRIS Governor
TOM PERDUE Chief Administrative Officer
RESULTS OF REFERENDUM ELECTIONS CCXXVII
OFFICE OF SECRETARY OF STATE
I, MAX CLELAND, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY THAT in the General Election held in this State November 6, 1984, the number of votes cast for and against the eleven (11) General Constitutional Amendments voted on in said election are tabulated on the two typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 19th day of November, in the year of our Lord One Thousand Nine Hundred and Eighty-four and of the Independence of the United States of America the Two Hundred and Ninth.
MAX CLELAND Secretary of State
CCXXVIII RESULTS OF REFERENDUM ELECTIONS
GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 6, 1984
AMENDMENT NO. 1 S. R. 267 Res. Act 88 (Ga. L. 1984, P. 1722)
Shall the Constitution be amended 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 by this state or by the United States and to provide for procedures and other matters relative thereto?
YES 1,314,599
94.03%
NO 83,497
5.97%
AMENDMENT NO. 2 S. R. 268 Res. Act 87 (Ga. L. 1984, P. 1719)
Shall the Constitution be amended 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 by this state and to provide for procedures and other matters relative thereto?
1,286,591 93.77%
85,455 6.23%
AMENDMENT NO. 3 H. R. 505 Res. Act 85 (Ga. L. 1984, P. 1716
Shall the Constitution be amended so as to authorize the State Board of Education to appoint the State School Superintendent?
648,995
679,469
48.85%
51.15%
RESULTS OF REFERENDUM ELECTIONS CCXXIX
AMENDMENT NO. 4 S. R. 274 Res. Act 90 (Ga. L. 1984, P. 1726)
Shall the Constitution be amended so as to:
(1) Authorize the General Assembly by law to change previously existing public retirement or pension laws of this state to redefine involuntary separation from employment and to provide additional or revise existing limitations or restrictions on the right to qualify for a retirement or pension benefit based on involuntary separation 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 parttime service as creditable service under any such system and to affect present members of any public retire-
887,528
338,250
72.41%
27.60%
CCXXX RESULTS OF REFERENDUM ELECTIONS
ment or pension system in connection therewith; and
(3) 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?
AMENDMENT NO. 5 S. R. 307 Res. Act 84 (Ga. L. 1984, P. 1714)
Shall the Constitution be amended so as to prohibit the 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?
1,005,677 78.02%
283,368 21.98%
AMENDMENT NO. 6 H. R. 30 Res. Act 24 (Ga. L. 1983, P. 972)
Shall the Constitution be amended so as to provide that the office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying for another state, county, or municipal office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for
965,952
248,185
79.56%
20.44%
RESULTS OF REFERENDUM ELECTIONS CCXXXI
which such official is qualifying for begins more than 30 days prior to the expiration of such official's present term of office?
AMENDMENT NO. 7 H. R. 185 Res. Act 71 (Ga. L. 1984, P. 1707)
Shall the Constitution be amended 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?
848,849
383,721
68.87%
31.13%
AMENDMENT NO. 8 S. R. 300 Res. Act 83 (Ga. L. 1984, P. 1713)
Shall the Constitution
be amended to author-
ize general obligation
debt to be incurred to
provide public library
facilities for county
and independent school
systems or for counties,
municipalities,
or
boards of trustees of
public libraries or pub-
lic library systems?
720,622
491,494
59.45%
40.55%
AMENDMENT NO. 9 H. R. 589 Res. Act 80 (Ga. L. 1984, P. 1711)
Shall the Constitution be amended 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
646,826
483,563
57.22%
42.78%
CCXXXII RESULTS OF REFERENDUM ELECTIONS
trust of which the beneficiaries are one or more natural or naturalized citizens?
AMENDMENT NO. 10 H. R. 733 Res. Act 68 (Ga. L. 1984, P. 1703)
Shall the Constitution be amended so as to authorize the creation of community improvement districts for the purpose of providing governmental services?
AMENDMENT NO. 11 H. R. 444 Res. Act 72 (Ga. L. 1984, P. 1709)
Shall the Constitution be amended 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?
638,367
541,027
54.13%
45.87%
828,352
324,986
71.82%
28.18%
, (' myj i:{i* **'/* l,fl11' Jmw, wMPjjk($V<JMMuMg
For any information regarding these ACTS and RESOLUTIONS please contact:
MAX CLELAND Secretary of State
CCXXXIII
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