Acts and resolutions of the General Assembly of the state of Georgia, 1986, volume I

Received
AUG 2 5 1986
DOCUMENTS
UGA LIBRARIES

COMPILERS NOTE
General Acts and Resolutions of the 1986 session of the
General Assembly of Georgia will be found in Volume I begin-
ning at page 1. Proposed amendments to the Constitution
of the State of Georgia are grouped together and will be found
in Volume I beginning at page 1611.
Local and Special Acts and Resolutions will be found in
Volume II beginning at page 3501. Home rule actions by
counties which were filed in the office of the Secretary of
State during 1985 are printed in Volume II beginning at page
5661. Home rule actions by municipalities which were filed
in the office of the Secretary of State during 1985 are printed
in Volume II beginning at page 5725.
There are no numbered pages between page 1632 and
page 3501. This allows both volumes to be compiled and
printed simultaneously.
Indexes are printed in each volume and cover material
in both volumes. The tabular indexes list matter by broad
categories. The general index is a detailed alphabetical index
by subject matter. Where it is possible to do so, general Acts
have been indexed by reference to the titles of the Official
Code of Georgia Annotated which they amend and the tabular
index also contains a list of Code sections which have been
amended, enacted, or repealed.
Each Act is preceded by the Act number assigned by the
Governor and the House Bill or Senate Bill number which
it was given when introduced in the General Assembly. Each
Resolution is preceded by the Resolution Act number assigned
by the Governor and the House Resolution or Senate Resolu-
tion number. Each Act or Resolution which was signed by
the Governor is followed by the approval date on which it
was signed by the governor.
ACTS AND RESOLUTIONS
OF THE
GENERAL
ASSEMBLY
OF THE
STATE OF GEORGIA
1986
Compiled and Published by Authority of the State
Volume I
1.
GEORGIA LAWS 1986
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References ..................................vi
Bills and ResolutionsAct Number References ......................xiv
Acts and Resolutions of General Application.......................1
Resolutions Proposing Amendments to the Constitution of the State
of Georgia ....................................................1611
Vetoes by the Governor ...........................................I
Appellate CourtsPersonnel..........................................VI
Superior CourtsPersonnel and Calendars...........................VI
IndexTabular.....................................................XVII
IndexGeneral ....................................................LXV
Population of Georgia CountiesAlphabetically ................CLXIII
Population of Georgia CountiesNumerically ...................CLXVI
Georgia Senatorial Districts, Alphabetically by County .......CLXVIII
Georgia Senators, Alphabetically by Name......................CLXX
Georgia Senators, Numerically by District ....................CLXXII
Georgia House Districts, Alphabetically by County ............CLXXV
Georgia Representatives, Alphabetically by Name ..............CLXXVII
Georgia Representatives, Numerically by District ...............CLXXXV
Status of Referendum Elections .................................CXCIII
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References ..................................vi
Bills and ResolutionsAct Number References ......................xiv
Acts and Resolutions of Local Application ........................ 3501
County Home Rule Actions ......................................... 5661
Municipal Home Rule Actions ..................................... 5725
Vetoes by the Governor ............................................. I
Appellate CourtsPersonnel....................................... VI
Superior CourtsPersonnel and Calendars.............................VI
IndexTabular.....................................................XVII
IndexGeneral .....................................................LXV
Population of Georgia CountiesAlphabetically ..................CLXIII
Population of Georgia CountiesNumerically ......................CLXVI
Georgia Senatorial Districts, Alphabetically by County .......CLXVIII
Georgia Senators, Alphabetically by Name..........................CLXX
Georgia Senators, Numerically by District ......................CLXXII
Georgia House Districts, Alphabetically by County................CLXXV
Georgia Representatives, Alphabetically by Name ...............CLXXVII
Georgia Representatives, Numerically by District ............. CLXXXV
Status of Referendum Elections .................................CXCIII
v
Act No.
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801 .
802 .
803 .
804 .
805 .
806 .
807 .
808 .
809 .
810 .
811 .
812 .
813 .
814 .
815 .
816 .
817 .
ACTS BY NUMBERS, PAGE REFERENCES
Page Act No. Page
.. 3501 818.............................153
.. 3515 819 ..........................3752
.. 3531 820 ..........................3756
,. 3533 821 ................|.........3772
1 822 ........................3774
. 3540 823 ..........................3776
. 3 824 ..........................3778
. 3542 825 ..........................3780
.3554 826 3782
.3557 827 3784
10 828 3786
30 829 ..........................3788
.3568 830 .3790
.3578 831 3792
.3586 832 3794
.3598 833 ...........................3796
32 834 3798
37 835 3800
3607 836 3803
38 837 3805
44 838 3807
.3609 839 3809
.3624 840 38H
. 3633 841 3815
.3635 842 3819
148 843 3821
. 3644 844 3827
. 3648 845 3829
. 3653 846 3831
.3658 847 ..........................3338
.3661 848 3840
149 849 3842
.3665 850 3844
.3673 851 3846
3675 852 3848
3679 853 155
3681 854 3850
3684 855 3852
3696 856 3355
3708 857 3857
3710 858 ...........................
150 859 3861
3712 860 ...........................
3716 861 qo/t
3722 862 3867
3724 863 ...........................
3735 864 3871
vi
Act No.
Act No.
Page
Page
969 ........................ 227 1021
970 ........................4120 1022
971 ........................4123 1023
972 ........................4128 1024
973 ........................4139 1026
974.........................4142 1026
975 ........................4144 1027
976 ...................... 4146 1028
977 ........................4148 1029
978 .......................4150 1030
979 .......................4153 1031
980 .......................4155 1032
981 .......................4157 1033
982 .......................4159 1034
983 .......................4163 1035
984 .......................4165 1036
985 .......................4167 1037
986 .......................4171 1038
987 .......................4174 1039
988 .......................4194 1040
989 .......................4196 1041
990 .......................4199 1042
991 .......................4201 1043
992 .......................4203 1044
993 .......................4206 1045
994 .......................4209 1046
995 .......................4211 1047
996 .......................4213 1048
997 .......................4214 1049
998 .......................4217 1050
999 .......................4219 1051
1000 ........................4222 1052
1001 ........................4224 1053
1002 ........................4309 1054
1003 ........................4311 1055
1004 ........................4313 1056
1005 ........................4315 1057
1006 ........................4317 1058
1007 ........................ 4319 1059
1008 ........................ 4321 1060
1009 ........................ 4324 1061
1010 ........................4326 1062
1011 ........................4328 1063
1012 ........................4330 1064
1013 ........................4333 1065
1014 ........................4335 1066
1015 ........................4338 1067
1016 ........................4342 1068
1017 ........................ 4345 1069
1018 ........................ 4347 1070
1019 ........................4352 1071
1020 ........................4354 1072
.4357
.4359
.4363
.4365
.4367
.4370
.4373
.4375
.4377
.4379
.4381
.4384
.4386
.4389
.4391
.4393
.4395
.4397
.4398
.4401
.4404
.4406
.4408
.4410
.4412
.4414
.4416
.4418
.4420
.4422
.4424
4426
4428
4430
4432
4434
4436
4438
4440
4442
4444
4446
4448
4450
4452
4454
4456
4458
4461
4466
4468
4470
m

Act No.
Page
1593
1594
1595
1596
1597
1598
1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
1611
1612
1613
1614
1615
1616
1617
1618
1619
1620
1621
1622
1623
1624
1625
1626
1627
1628
1629
1630
1631
1632
1633
1634
1635
Page Act No.
. 1225 1636 1465
. 1228 1637 1467
, 1229 1638 1468
. 1231 1639 1478
. 1233 1640 1480
, 1237 1641 1483
. 1240 1642 1488
1241 1643 1489
1242 1644 1491
1244 1645 1494
1249 1646 1496
1250 1647 1508
1252 1648 1513
1255 1649 1516
1257 1650 1518
1258 1651 1519
1259 1652 1526
1262 1653 1531
1263 1654 ,1534
1265 1655 1536
1266 1656 1538
1269 1657 1543
1272 1658 1547
1277 1659 1549
1280 1660 1550
1283 1661 1552
1312 1662 1553
1313 1663 1555
1321 1664 1559
1322 1665 1581
1325 1666 1584
1326 1667 1585
1329 1668 1586
1333 1669 1588
1337 1670 1591
5656 1671 1594
1445 1672 1596
1446 1673 1601
1453 1674 1603
1454 1675 1605
1459 1676 1607
1460 1677 1608
1464
RESOLUTIONS BY NUMBER, PAGE REFERENCES
Res. Act No. Page Res. Act No. Page
52 ......................... 8 54
53 ......................... 39 55
xiv
185
186


Res. Act No.
Page
Res. Act No.
Page
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
188 81 544
190 82 547
231 83 549
262 84 551
457 85 553
516 86 1612
518 87 1614
519 88 1619
520 89 567
522 90 1197
523 91 1198
524 92 1199
525 93 1201
526 94 1203
529 95 1204
530 96 5650
531 97 5652
532 98 5654
533 99 1622
534 100 1623
535 101 1625
537 102 1627
538 103 1628
540 104 1631
543
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill Act No. House Bill
14 ........................ 947 377 ..
67 ........................1653 379 ..
80 ........................1461 391 ..
156 .........................1654 395 .....
175 ..........................1535 397......
181 ........................1399 416 .....
182 ........................1336 422 .........
186 ..........................1655 453 ...
212 .........................1455 460 .....
216 .........................1462 466 .....
251 ..........................1610 477 ...
264 ..........................1481 493......
289 ..........................1448 509 ...
318 .........................1430 510 .....
328 ..........................1482 513 ...
338 ..........................1437 514......
344 .........................1431 515......
345 ..........................16H 516......
355 ........................ 1624 517 ...
365 ..........................1433 518......
Act No.
...1667
...1656
...1657
...1018
...1612
...1658
...1613
...1257
... 948
...1483
...1668
...1453
...1629
... 821
... 822
... 823
... 824
... 825
... 826
... 827
xv
House Bill
Act No. House Bill
Act No.
1246 .........................1665 1346
1252 .......................... 845 1347
1253 ..........................1440 1348
1257 ..........................1590 1349
1258 .......................... 955 1351
1259 .......................... 791 1352
1261 ..........................1449 1353
1262 ..........................1447 1354
1263 ..........................1446 1355
1270 ...........................1666 1356
1273 ...........................1470 1357
1276 ..........................1487 1359
1277 ........................ 956 1360
1278 ..........................1343 1361
1280 ..........................1259 1362
1281 ..........................1397 1363
1282 ..........................1540 1364
1283 ..........................1630 1365
1284 .......................... 846 1366
1286 ..........................1529 1367
1287 ..........................1429 1368
1289 ......................... 847 1369
1290 .......................... 848 1370
1291 .......................... 849 1375
1292 .......................... 850 1376
1293 ..........................1541 1377
1294 ..........................1631 1378
1295 ..........................1344 1382
1296 ..........................1632 1384
1297 ..........................1633 1385
1298 .......................... 851 1386
1299 .......................... 852 1390
1300 ..........................1627 1391
1314 .......................... 853 1392
1315 ..........................1617 1393
1316 ..................Veto No. 10 1395
1317 ..........................1542 1398
1320 ...........................1406 1399
1323 ..........................1216 1400
1324 ..........................1345 1401
1325 ..........................1346 1402
1326 ..........................1407 1403
1328 .......................... 854 1404
1329 ..........................1671 1405
1330 ..........................1408 1406
1334 ..........................1441 1407
1335 ..........................1347 1408
1338 ...........................1471 1409
1340 ..........................1217 1412
1341 ..........................1543 1416
1342 ..........................1348 1420
1344 ...........................1634 1421
1439
1488
1260
957
1349
1350
958
959
1409
804
1626
1351
960
1565
1635
1410
1261
1352
1218
1530
961
1411
1412
1591
1444
1544
1413
1443
1506
1592
1472
786
855
1002
1414
789
1003
1004
1005
1006
1007
856
857
858
859
860
861
862
1489
1415
1490
1593
XVII

House Bill
Act No. House Bill
Act No.
9
1422
1423
1424
1427
1428
1429
1430
1431
1438
1439
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1453
1454
1455
1457
1459
1460
1461
1462
1463
1464
1465
1467
1470
1471
1474
1476
1477
1480
1483
1487
1488
1489
1490
1491
1492
1493
1494
1495
1497
1499
1500
863 1501 1531
1491 1502 970
1473 1503 1456
1008 1507 1508
1009 1508 1532
1010 1509 1224
1011 1510........................... 874
1012 1511........................... 875
1636 1512 971
1620 1513 972
1474 1514 876
1013 1515........................... 877
864 1516 973
1507 1517 974
1637 1518 975
1416 1519........................... 976
1445 1521 977
1126 1522 1026
865 1526 1621
866 1529 978
867 1531 979
808 1532 1477
809 1533 1127
1594 1534 1025
1223 1535 980
868 1536 1420
1638 1538 1421
869 1540 981
1262 1545 1263
1417 1546 1024
1492 1547 1106
969 1548 1023
1357 1549 1422
1014 1550 1509
1619 1551 1533
870 1552 1225
1475 1554 1107
1476 1556 1423
1595 1557 1316
871 1559 1022
1618 1560 802
1418 1561 1546
1545 1562 1021
1596 1563 1020
1015 1564 1019
1016 1565 999
1358 1566 1108
872 1567 1000
1419 1568 998
873 1569 997
1017 1570 1264
1219 1572 1547
xviii

House Bill
Act No.
House Bill
Act No.
1573
1579
1581
1582
1584
1587
1588
1589
1590
1592
1594
1596
1603
1604
1606
1607
1609
1610
1613
1618
1619
1620
1621
1622
1623 .
1624 .
1625 .
1626 .
1627 .
1628 .
1629 .
1630 .
1631 .
1633 .
1634 .
1636 .
1638 .
1640 .
1641 .
1642 .
1644 .
1645 .
1646 .
1647 .
1648 .
1651 .
1652 .
1653 .
1654 .
1658 .
1660 .
1661 .
. 1493 1662 1511
. 1548 1664 996
. 1639 1665 806
. 982 1666 1027
. 1640 1667 879
. 1109 1668 880
. 983 1669 1028
.1110 1670 ..........................1243
. 1628 1671 1029
. 1597 1672 1030
. 1598 1673 1031
. 984 1677 807
. 985 1679 1069
. 986 1680 1001
. 1567 1682 1549
. 1287 1684 1599
. 1226 1685 1070
. 1398 1686 1459
. 878 1687 1495
. 1227 1689 1032
. 1228 1690 1033
.1229 1691 ..........................1034
. 1230 1692 1035
1231 1693 1673
. 1232 1695 1220
. 1233 1696 1478
1234 1698 1318
. 1235 1699 1298
HU 1701 .......................... 881
. 1236 1702 m3
. 1112 1703 1071
. 1237 1704 1H4
1238 1710 1036
1239 1711 1072
, 1240 1712 1479
987 1713 1600
1672 1714 1396
988 1717 1073
989 1720 1037
1317 1721............................ms
1534 1722 1074
1241 1723 1442
990 1724 1H6
991 1727 1H7
992 1728 1075
993 1729 ...................... 1319
994 1730 801
1494 1731 799
803 1733 1038
1510 1735 1039
995 1736 1076
1242 1737 1077
xix
House Bill
Act No.
House Bill
Act No.
1738 ..........................1078 1811
1739 ..........................1079 1815
1740 .......................... 882 1816
1742 ..........................1221 1819
1743 .......................... 883 1820
1744 ..........................1040 1821
1747 .......................... 884 1822
1748 ..........................1452 1823
1749 ..........................1118 1824
1750 ..........................1286 1825
1751 ..........................1222 1826
1752 1119 1827
1755 .......................... 805 1828
1756 ..........................1120 1833
1757 ..........................1601 1834
1758 ..........................1121 1835
1760 ..........................1320 1837
1761 .......................... 885 1839
1762 .......................... 886 1840
1763 .......................... 887 1841
1764 ..........................1080 1843
1765 ..........................1041 1844
1766 ..........................1081 1845
1767 ..........................1285 1846
1768 ..........................1082 1847
1769 ..........................1042 1848
1770 ..........................1043 1849
1771 ..........................1083 1850
1772 ..........................1372 1851
1773 ..........................1084 1853
1774 ..........................1085 1854
1775 ..........................1086 1855
1776 ..........................1087 1856
1777 ..........................1088 1857
1778 ..........................1044 1858
1779 ..........................1045 1859
1780 ..........................1046 1860
1781 ..........................1047 1861
1782 ..........................1122 1862
1784 ..........................1602 1863
1785 ..........................1622 1864
1786 ..........................1284 1865
1787 ..........................1089 1866
1788 ..........................1090 1867
1789 ..........................1123 1868
1791 ..........................1283 1869
1792 ......................... 1091 1870
1794 ..........................1623 1871
1795 ..........................1299 1872
1796 ..........................1092 1873
1809 .......................... 817 1877
1810 .......................... 815 1880
XX

816
1093
1124
1288
1094
1373
1095
1096
1097
813
1098
1125
1568
1247
1128
1265
1129
1480
1374
1569
1353
1099
1375
1130
793
1100
1131
1570
1571
1321
1322
1376
1377
1323
1324
1132
1133
1101
1102
1134
1325
1103
1135
1104
1136
1315
1137
1105
800
1143
1378
1138
House Bill
Act No.
House Bill
Act No.
1881 ..........................1379 1948
1883 .........................1314 1949
1884 .........................1144 1950
1885 .........................1145 1951
1886 .........................1380 1952
1888 .........................1641 1953
1889 .........................1146 1955
1890 .........................1147 1956
1891 .........................1148 1957
1892 .........................1149 1958
1894 .........................1150 1959
1895 .........................1151 1960
1897 .........................1313 1961
1898 .........................1312 1963
1899 ......................... 794 1964
1901 .........................1311 1966
1902 .........................1152 1967
1903 .........................1310 1968
1904 .........................1139 1970
1905 .........................1572 1971
1907 .........................1153 1972
1908 .........................1140 1973
1909 .........................1289 1975
1910 .........................1141 1976
1911 .........................1154 1978
1912 .........................1155 1980
1913 .........................1309 1981
1914 .........................1308 1982
1915 .........................1156 1983
1916 .........................1157 1984
1918 .........................1307 1985
1919 .........................1158 1986
1922 .........................1290 1987
1923 .........................1573 1988
1924 .........................1574 1989
1925 .........................1159 1990
1926 .........................1160 1991
1928 .........................1161 1993
1929 .........................1291 1994
1930 .........................1306 1995
1932 .........................1365 1996
1933 .........................1266 1997
1934 .........................1292 1998
1935 .........................1267 1999
1938 .........................1354 2000.
1939 .........................1268 2001
1941 .........................1269 2004
1942 .........................1575 2006
1943 .........................1293 2007
1944 .........................1142 2008
1945 .........................1305 2009
1946 .........................1162 2010
.....1163
.....1381
.....1382
.....1164
.....1496
..... 812
.....1165
.....1576
.....1577
.....1294
.....1383
.....1304
.....1384
.....1166
.....1295
.....1578
.....1303
.....1296
.....1302
..... 792
.....1301
.....1167
.....1579
.....1300
.....1580
.....1581
.....1168
.....1169
.....1297
.....1550
.....1366
.....1551
.....1282
.....1170
..... 811
..... 814
.....1171
.....1582
.....1583
.....1367
.....1385
.....1584
.....1172
.....1173
Veto No. 6
.....1512
.....1585
.....1564
.....1368
.....1369
.....1370
.....1371
XXI
PP| S ... f?B
House Bill
Act No. House Resolution
Res. Act No.
........................1281
........................1386
......................... 797
......................... 798
........................1387
........................1388
........................1174
........................1175
........................1176
........................1177
........................1280
........................1279
........................1389
........................ 810
2026 ...................Veto No. 9
2027 .........................1586
2028 .........................1278
2029 .........................1178
2030 .........................1179
2031 .........................1390
2032 .........................1180
2033 .........................1181
2034 .........................1391
2035 .........................1392
2036 .........................1277
2037 .........................1276
2038 .........................1182
2039 .........................1275
2040 .........................1393
2041 .........................1183
2042 .........................1274
2043 .........................1273
2044 .........................1394
2045 .........................1184
2046 ......................... 1272
2050 .........................1587
2052 .........................1271
2053 .........................1395
2054 '........................ 1355
2055 .........................1185
2056 .........................1356
2057 .........................1563
2058 .........................1270
2061 .........................1566
2062 .........................1359
2063 .........................1360
2064 .........................1361
2065 .........................1186
2067 .........................1362
2069 .........................1363
2070 .........................1364
2071 .........................1248
69 .
125 .
330 .
363 .
470 .
472 .
476 ,
477 .
481 .
482 .
500 .
505 ,
506 .
507 ,
512
514
515
519
566
572
585
586
587
588
591
593
633
635
643
644
660
662
666
686
689
690
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Senate Bill
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Act No.
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Senate Bill
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Veto No. 8
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xxiii
Senate Bill
Act No. Senate Bill
Act No.
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Res. Act No.
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55
XXIV
ACTS AND RESOLUTIONS
OF THE
1
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1986
APPROPRIATIONS SUPPLEMENTAL FOR S.F.Y. 1985-86.
No. 775 (House Bill No. 1140).
AN ACT
To amend an Act providing appropriations for the State Fis-
cal Year 1985-1986, known as the "General Appropriations Act,
approved April 10, 1985 (Ga. L. 1985, p. 1521), so as to add
certain appropriations and authorizations for the State Fiscal
Year 1985-1986; to make language and other changes; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing appropriations for the State
Fiscal Year 1985-1986, known as the "General Appropriations
Act, approved April 10, 1985 (Ga. L. 1985, p. 1521), is amended
by striking Sections 86, 87, and 88 and substituting in lieu
thereof the following:
"PART IV
ADDITIONAL EXECUTIVE BRANCH APPROPRIATIONS
2
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 86. Department of Administrative Services, for Di-
rect Payments to the Georgia Building Authority for Capi-
tal Outlay.
STATE APPROPRIATION................. $1,000,000
Provided that the Georgia Building Authority and the Geor-
gia State Financing and Investment Commission are authorized
to apply $3,217,000 of existing general obligation bond proceeds
for building renovations and for the acquisition of furniture
and fixtures.
Section 87. Department of Agriculture.
The Department is authorized and directed to permit the
use of funds previously appropriated for the implementation
of a merit-type salary plan for employees of the Poultry Veteri-
nary Diagnostic Laboratories, effective February 1, 1986.
Section 88. Department of Community Affairs, for Pay-
ment to the Georgia Development Authority for Loans
to Counties and Municipalities.
STATE APPROPRIATION................ $20,000,000
Section 89. Department of Corrections, for Capital Outlay.
STATE APPROPRIATION................... $1,700,000
Section 90. State Board of Education - Department of Edu-
cation.
For Public Library Construction.... $17,270,000
For Local School Construction...... $79,282,058
STATE APPROPRIATION................ $96,552,058
Section 91. Department of Industry and Trade, for Pay-
ment to the Georgia World Congress Center.
STATE APPROPRIATION................... $695,000
Section 92. Teachers Retirement System.
STATE APPROPRIATION
$134,000,000
GEORGIA LAWS 1986 SESSION
3
Section 93. TOTAL STATE APPROPRIATION FOR STATE
FISCAL YEAR 1986.....................-.... $5,091,947,058
Section 94. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without
such approval.
Section 95. All laws and parts of laws in conflict with this
Act are repealed.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved January 30, 1986.
AGRICULTURE "VIDALIA ONION ACT OF 1986
ENACTED.
Code Sections 2-14-130 through 2-14-135 Enacted.
No. 777 (House Bill No. 1217).
AN ACT
To amend Chapter 14 of Title 2 of the Official Code of Georgia
Annotated, relating to the sale of agricultural products, so as
to regulate the sale of onions; to provide for a short title; to
provide for definitions; to provide that only certain onions may
be identified, classified, packaged, labeled, or otherwise desig-
nated for sale as Vidalia onions; to provide for restrictions on
the use of the term "Vidalia in connection with the labeling,
4
GENERAL ACTS AND RESOLUTIONS, VOL. I
packaging, classifying, or identifying of onions; to provide for
rules and regulations; to provide for variances from production
area requirements and the practices and procedures connected
therewith; to provide for quality standards, grades, labeling,
and marketing practices; to provide for registration, inspection,
and verification programs; to provide for practices and proce-
dures; to provide for inspections; to provide that certain conduct
shall be unlawful in connection with the sale of onions or the
offering of onions for sale; to provide for civil and criminal penal-
ties and the enforcement thereof; to provide for injunctions and
restraining orders; to provide for court costs and expenses; to
provide for enforcement of orders of the Commissioner of Agri-
culture; 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 14 of Title 2 of the Official Code of
Georgia Annotated, relating to the sale of agricultural products,
is amended by adding at the end thereof a new article, to be
designated Article 6, to read as follows:
"ARTICLE 6
2-14-130. This article shall be known and may be cited
as the 'Vidalia Onion Act of 1986.
2-14-131. As used in this article, the term:
(1) 'Person means an individual, partnership, corpo-
ration, association, or any other legal entity.
(2) 'Vidalia onion production area means a produc-
tion area which encompasses only the State of Georgia
or such lesser area as may be provided for pursuant to
subsection (a) of Code Section 2-14-133.
(3) 'Vidalia onion variety means all Yellow Hybrid
Granex and Granex 33 onions or other existing Granex
varieties.
GEORGIA LAWS 1986 SESSION
5
2-14-132. Only onions which are of the Vidalia onion
variety and which are grown within the Vidalia onion pro-
duction area may be identified, classified, packaged, labeled,
or otherwise designated for sale inside or outside this state
as Vidalia onions. The term 'Vidalia may be used in connec-
tion with the labeling, packaging, classifying, or identifying
of onions for sale inside or outside this state only if the
onions are of the Vidalia onion variety and are grown in
the Vidalia onion production area.
2-14-133. (a) The Commissioner of Agriculture is au-
thorized to prescribe rules or regulations which may include,
but not necessarily be limited to, quality standards, grades,
labeling, and marketing practices for the marketing of on-
ions in this state and such other regulations as are necessary
to administer properly this article. The Commissioner may
also prescribe rules or regulations establishing a registra-
tion, inspection, and verification program for the production
and marketing of Vidalia onions in this state and, after hear-
ing and public comment, further limiting the Vidalia onion
production area as defined in paragraph (2) of Code Section
2-14-131. Pursuant to such rules, regulations, and conditions
as may be prescribed by the Commissioner, the Commis-
sioner is authorized to grant variances in the production
area requirements of this article to any producer who has
produced in Georgia, marketed, and labeled onions of the
Vidalia onion variety as Vidalia onions prior to the effective
date of this article. Such rules or regulations may include
within the definition of Vidalia onion variety as defined in
paragraph (3) of Code Section 2-14-131 other hybrids or vari-
eties of onions which may be developed and which have char-
acteristics similar to the Vidalia onion variety. All onions
sold must conform to the prescribed standards and grades
and must be labeled accordingly.
(b) The Commissioner and his agents and employees
are authorized to enter any premises or other property where
onions are produced, stored, sold, offered for sale, packaged
for sale, transported, or delivered to inspect such onions for
the purpose of enforcing the provisions of this article and
the rules and regulations promulgated under this article.
6
GENERAL ACTS AND RESOLUTIONS, VOL. I
2-14-134. (a) It shall be unlawful for any person to sell
or offer for sale either inside or outside this state any onions
as Vidalia onions unless such onions are of the Vidalia onion
variety and were grown in the Vidalia onion production area.
(b) It shall be unlawful for any person to package, label,
identify, or classify any onions for sale inside or outside this
state as Vidalia onions or to use the term 'Vidalia in connec-
tion with the labeling, packaging, classifying, or identifying
of onions for sale inside or outside this state unless such
onions are of the Vidalia onion variety and were grown in
the Vidalia onion production area,
(c) Any person who violates subsection (a) or (b) of this
Code section shall be guilty of a felony and, upon conviction
thereof, shall be punished by a fine of not less than $1,000.00
nor more than $5,000.00 or by imprisonment for not less
than one nor more than three years, or both.
(d) It shall be unlawful for any person to sell onions
in a manner which does not comply with the rules or regula-
tions established by the Commissioner under authority of
Code Section 2-14-133.
2-14-135. (a) Any person who violates any provision
of this article or who violates any rule or regulation issued
by the Commissioner pursuant to this article shall be liable
for a civil penalty in an amount not to exceed $5,000.00
for each and every violation thereof, the amount of such
penalty to be fixed by the Commissioner after notice and
hearing as provided in Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act, for contested cases. Each day
of violation shall constitute a separate violation for purposes
of this subsection but in no event shall the penalty exceed
$20,000.00. Any moneys recovered pursuant to this Code
section shall be deposited in the state treasury.
(b) Whenever in the judgment of the Commissioner any
person has engaged in or is about to engage in any act or
practice which constitutes or will constitute any violation
of this article, the Commissioner may make application to
the superior court of the county where such person resides
or, if a nonresident of this state, to the superior court of
the county where such person is engaged in or is about to
engage in such act or practice, for an order enjoining and
GEORGIA LAWS 1986 SESSION
7
restraining such act or practice. If it appears to the court,
upon any application for a temporary restraining order or
upon any application for an interlocutory or permanent in-
junction, after evidence is received, that any person has en-
gaged in or is about to engage in any act or practice which
constitutes or will constitute any violation of this article
or any rule or regulation duly issued by the Commissioner
under this article, then the court shall enjoin the defendant
from commiting further violations. It shall not be necessary
in such event to allege or prove lack of an adequate remedy
at law.
(c) In any court action brought by the Commissioner
to enforce any of the provisions of this article or any rule
or regulation issued by the Commissioner, the judgment, if
in favor of the Commissioner, shall provide that defendant
pay to the Commissioner all costs and expenses incurred
by the Commissioner in the prosecution of such action.
(d) The Commissioner may file in the superior court
of the county wherein the person under order resides, or,
if the person is a corporation, in the county wherein the
corporation maintains its principal place of business, or in
the county wherein the violation occurred or in which juris-
diction is appropriate, a certified copy of a final administra-
tive order of the Commissioner unappealed from or a final
administrative order of the Commissioner affirmed upon ap-
peal, whereupon the court shall render judgment in accor-
dance therewith and notify the parties. Such judgment shall
have the same effect, and all proceedings in relation thereto
shall thereafter be the same, as though the judgment had
been rendered in an action duly heard and determined by
such court.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved January 31, 1986.
8
GENERAL ACTS AND RESOLUTIONS, VOL. I
CONVEYANCE TO THE EMANUEL COUNTY BOARD OF
COMMISSIONERS AMENDMENT OF RESOLUTION
AUTHORIZING CONVEYANCE.
No. 52 (Senate Resolution No. 322).
A RESOLUTION
To amend a resolution (Res. Act No. 106) authorizing the
conveyance of certain state owned real property located in
Emanuel County, Georgia, to the Emanuel County Board of
Commissioners, approved March 18, 1985 (Ga. L. 1985, p. 322),
so as to provide that the State of Georgia, acting by and through
the Governor, shall convey the real property described in the
above-referenced resolution in consideration of the agreement
of the Board of Commissioners of Emanuel County to construct
a building that would be suitable for use by the State Forestry
Commission as a regional office and to convey the countys inter-
est in such new regional office to the State of Georgia by appro-
priate instrument; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED
BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. A resolution (Res. Act No. 106) authorizing the
conveyance of certain state owned real property located in
Emanuel County, Georgia, to the Emanuel County Board of
Commissioners, approved March 18, 1985 (Ga. L. 1985, p. 322),
is amended by striking in their entirety Sections 1 through 3,
which read as follows:
"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 Commis-
sioners of Emanuel County constructing a building that
would be suitable for use by the State Forestry Commission
GEORGIA LAWS 1986 SESSION
9
as a regional office and conveying the countys 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 Com-
missioners 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 Commis-
sion shall determine to be in the best interest of the State
of Georgia.,
and inserting in lieu thereof new Sections 1 through 3 to read
as follows:
"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 Governor.
Section 2. That the consideration for the conveyance of
the above-described real property shall be the agreement
of the Board of Commissioners of Emanuel County:
(a) To construct a building that would be suitable
for use by the State Forestry Commission as a regional
office; and
(b) To convey the countys interest in this new re-
gional office to the State of Georgia by appropriate instru-
ment.
Section 3. That the above-described real property shall
be conveyed by appropriate instrument to the Board of Com-
missioners of Emanuel County by the State of Georgia, acting
by and through the Governor, upon the agreement of the
county as set forth in Section 2 of this resolution and upon
such other terms and conditions as the Governor shall deter-
mine to be in the best interest of the State of Georgia.
Section 2. That this resolution shall become effective as
law upon its approval by the Governor or upon its becoming
10
GENERAL ACTS AND RESOLUTIONS, VOL. I
law without such approval and in accordance with the provisions
hereof.
Section 3. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved February 4, 1986.
OFFICIAL CODE OF GEORGIA AMENDED.
No. 781 (House Bill No. 1213).
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 Anno-
tated; 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 for other mat-
ters relating to the Official Code of Georgia Annotated; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Reserved.
Section 2. Reserved.
Section 3. Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, is amended as follows:
GEORGIA LAWS 1986 SESSION
11
(1) By striking subparagraph (b)(3)(B) in its entirety and
redesignating subparagraph (b)(3)(C) as subparagraph (b)(3)(B)
in Code Section 3-3-20, relating to the sale of alcoholic beverages
on Sundays, election days, and Christmas.
(2) By striking "title and inserting in lieu thereof "Code
section both times it appears in subsection (c) of Code Section
3-6-29, relating to the content requirements for wine manufac-
tured by domestic and farm wineries.
Section 4. Title 4 of the Official Code of Georgia Annotated,
relating to animals, is amended as follows:
(1) By striking ", except as to the licensing and permitting
of Class Aves under paragraph (2) of Code Section 27-5-5 from
the first sentence of Code Section 4-10-11, relating to construc-
tion of Chapter 10 of this title relative to dealers in exotic and
pet birds.
Section 5. Reserved.
Section 6. Reserved.
Section 7. Reserved.
Section 8. Reserved.
Section 9. Reserved.
Section 10. Title 10 of the Official Code of Georgia Anno-
tated, relating to commerce and trade, is amended as follows:
(1) By striking "or premises and inserting in lieu thereof
"on premises in division (l)(A)(i) of Code Section 10-1-410, relat-
ing to definitions of terms relating to the sale of business oppor-
tunities.
Section 11:' Reserved.
Section 12. Title 12 of the Official Code of Georgia Anno-
tated, relating to conservation and natural resources, is
amended as follows:
12
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) By adding "may between "ordinance violations and
"be tried in the last sentence of subsection (b) of Code Section
12-3-194.1, relating to police and legislative powers of the Stone
Mountain Memorial Association.
(2) By striking "groundwater and inserting in lieu thereof
"ground water in Code Section 12-4-141, relating to the state-
ment of legislative purpose for the enactment of the "Cave Pro-
tection Act of 1977.
(3) By striking from paragraph (1) both times it appears,
paragraph (10) both times it appears, paragraphs (14), (18)
through (22), (30), (31), and paragraph (33) both times it appears
"groundwater and inserting in lieu thereof "ground water
and by striking "parched and inserting in lieu thereof
"perched in paragraph (30) of Code Section 12-5-122, relating
to definitions of terms used in the "Water Well Standards Act
of 1985.
(4) By striking "groundwater and inserting in lieu thereof
"ground water in subsection (h) of Code Section 12-5-127, relat-
ing to licensing of water well contractors generally.
(5) By striking "groundwater and inserting in lieu thereof
"ground water in subsection (b) of Code Section 12-5-132, relat-
ing to the effect of the "Water Well Standards Act of 1985,
(6) By striking "groundwater and inserting in lieu thereof
"ground water in subparagraph (A) of paragraph (1), subpara-
graph (E) of paragraph (5), and subparagraph (D) of paragraph
(6) of Code Section 12-5-134, relating to standards for wells and
boreholes.
(7) By striking "thereto and inserting in lieu thereof "pur-
suant to this part in subparagraph (g)(3)(A) of Code Section
12-5-179, relating to permits for operation of public water sys-
tems.
(8) By striking "groundwaters and inserting in lieu
thereof "ground waters in paragraph (3) of Code Section 12-
8-62, relating to definitions of terms relating to hazardous waste
disposal.
GEORGIA LAWS 1986 SESSION
13
(9) By striking "of this Code section and inserting in lieu
thereof "of Code Section 12-8-65 in paragraph (1) of subsection
(1) and by striking "groundwater and inserting in lieu thereof
"ground-water in paragraph (2) of subsection (j) and paragraph
(2) of subsection (k) of Code Section 12-8-66, relating to permits
for construction and operation of hazardous waste facilities.
(10) By striking "the date of the enactment of this para-
graph and inserting in lieu thereof "March 14, 1985 in para-
graph (4) of subsection (a) of Code Section 12-8-82, relating to
criminal penalties for violations of the "Georgia Hazardous
Waste Management Act.
Section 13. Reserved.
Section 14. Title 14 of the Official Code of Georgia Anno-
tated, relating to corporations, partnerships, and associations
is amended as follows:
(1) By striking "he has and inserting in lieu thereof "they
have in the undesignated language at the end of Code Section
14-2-152, relating to the standard of care for directors and offi-
cers of corporations in the discharge of their duties.
Section 15. Reserved.
Section 16. Title 16 of the Official Code of Georgia Anno-
tated, relating to crimes and offenses, is amended as follows:
(1) By striking "Paragraph (1) of this subsection and in-
serting in lieu thereof "Subsection (a) of this Code section in
the introductory language of subsection (b) of Code Section 16-
10-6, relating to prohibitions against sales of real or personal
property to political subdivisions by local officers or employees.
(2) By striking "of between "subdivision and "agency
and inserting in lieu thereof "or in paragraph (20) of Code
Section 16-13-21, relating to definitions concerning the regula-
tion of controlled substances.
(3) By striking "Trialozam and inserting in lieu thereof
"Triazolam in paragraph (32) of subsection (a) of Code Section
16-13-28, relating to Schedule IV controlled substances.
14
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) By striking "Section 16-13-31 and inserting in lieu
thereof "this Code section and by adding a comma following
"illegal drugs in subsection (f) of Code Section 16-13-31, relating
to trafficking in cocaine, illegal drugs, or marijuana.
Section 17. Reserved.
Section 18. Reserved.
Section 19. Title 19 of the Official Code of Georgia Anno-
tated, relating to domestic relations, is amended as follows:
(1) By striking "calendar year and inserting in lieu thereof
"two-year period in paragraphs (2) and (3) of subsection (b) of
Code Section 19-7-3, relating to visitation rights of grandparents.
Section 20. Title 20 of the Official Code of Georgia Anno-
tated, relating to education, is amended as follows:
(1) By striking "superintendent of schools and inserting
in lieu thereof "school superintendent and by striking "notify
the superintendent and inserting in lieu thereof "notify the
school superintendent in paragraph (5) of subsection (b); by
striking "the equivalent GED certificate and inserting in lieu
thereof "a general educational development (GED) equivalency
diploma in paragraph (3), by striking "above rule and insert-
ing in lieu thereof "rule provided for in this paragraph in para-
graph (5), and by striking "superintendent of schools and insert-
ing in lieu thereof "school superintendent in paragraph (6)
of subsection (c); and by striking "superintendents of schools
and inserting in lieu thereof "school superintendents and by
inserting a comma between "programs and "such in subsec-
tion (e) of Code Section 20-2-690, relating to requirements for
private schools and home study programs.
(2) By inserting a comma between "occurs and "the in
subsection (b) of Code Section 20-2-753, relating to certain disci-
plinary hearings.
(3) By striking "superintendent of schools and inserting
in lieu thereof "school superintendent in subsection (b) and
by striking "date it and inserting in lieu thereof "date the
local board of education in subsection (c) of Code Section 20-
2-754, relating to certain disciplinary procedures.
GEORGIA LAWS 1986 SESSION
15
(4) By striking "Chapter 80 of Title 36, relating to open
meetings of governmental bodies and inserting in lieu thereof
"Code Section 36-80-1 and by deleting , relating to public
records in subsections (a) and (b) of Code Section 20-2-757, relat-
ing to applicability of certain public inspection and open meeting
laws.
(5) By striking "subsection (a) and inserting in lieu thereof
"paragraph (4) in Code Section 20-2-889, relating to insurance
coverage of certain personnel.
(6) By striking "profession and inserting in lieu thereof
"professional in subsection (c) of Code Section 20-2-983, relating
to the creation of the Professional Standards Commission.
(7) By deleting "relating to school funds, in Code Section
20-2-1074, relating to transportation of elderly and handicapped
persons.
(8) By striking "above-listed political subdivisions and in-
serting in lieu thereof "political subdivisions enumerated in this
paragraph in paragraph (2) of Code Section 20-3-131, relating
to definitions regarding junior colleges.
(9) By striking "is and inserting in lieu thereof "are in
subparagraph (B) of paragraph (8) of Code Section 20-4-62, relat-
ing to definitions regarding proprietary schools.
(10) By striking "further and inserting in lieu thereof ,
further, in paragraph (9) of Code Section 20-4-63, relating to
certain statutory exemptions regarding proprietary schools.
(11) By striking "was and inserting in lieu thereof "were
in subsection (b) of Code Section 20-5-48, relating to ownership
of library property.
(12) By striking "it is and inserting in lieu thereof "such
contracts or agreements are in paragraph (1) of Code Section
20-5-49, relating to authorization of library systems to enter
into contracts.
(13) By deleting , referred to in this chapter as the coun-
cil, and by striking "Elementary and Secondary Education
16
GENERAL ACTS AND RESOLUTIONS, VOL. I
Committee of the Senate, the chairman of the University System
of Georgia Committee of the Senate and inserting in lieu
thereof "Education Committee of the Senate, the chairman of
the Higher Education Committee of the Senate in subsection
(a) ; by redesignating subsections (a) through (c) as subsections
(b) through (d), respectively; and by adding a new subsection,
to be designated subsection (a), to read as follows:
"(a) As used in this chapter, the term 'council means
the Legislative Educational Research Council.,
in Code Section 20-7-1, relating to the creation of the Legislative
Educational Research Council.
Section 21. Reserved.
Section 22. Reserved.
Section 23. Reserved.
Section 24. Reserved.
Section 25. Title 25 of the Official Code of Georgia Anno-
tated, relating to fire protection and safety, is amended as fol-
lows:
(1) By designating the introductory language as subsection
(a), by striking "said subsection (a) and inserting in lieu thereof
"subsection (a) of this Code section in paragraphs (2) through
(5) of subsection (b) and both times it appears in subsection
(c), and by striking "a successor is and inserting in lieu thereof
"successors are in subsection (d) of Code Section 25-4-3, relating
to the establishment and organization of the Georgia Firefighter
Standards and Training Council.
Section 26. Title 26 of the Official Code of Georgia Anno-
tated, relating to food, drugs, and cosmetics, is amended as fol-
lows:
(1) By inserting a comma immediately preceding "or both
in subsection 03) of Code Section 26-2-88, relating to penalties
for fraud or distribution of adulterated articles.
GEORGIA LAWS 1986 SESSION
17
(2) By striking "Any person, corporation, or business entity
subject to civil penalties or an action for damages under this
Code section may be sued and inserting in lieu thereof "An
action may be brought against any person, corporation, or busi-
ness entity subject to civil penalties or an action for damages
under this Code section in subsection (d) of Code Section 26-
4-148, relating to criminal penalties and civil liability for violat-
ing certain nuclear pharmacy statutes.
(3) By striking "persons and inserting in lieu thereof "per-
son in Code Section 26-5-17, relating to confidentiality of certain
names, records, and communications.
Section 27. Reserved.
Section 28. Title 28 of the Official Code of Georgia Anno-
tated, relating to General Assembly, is amended as follows:
(1) By striking "members residence and inserting in lieu
thereof "the members residence in subsection (b) of Code Sec-
tion 28-1-8, relating to salary and allowances of members and
officers of the General Assembly.
(2) By striking "impart and inserting in lieu thereof "im-
port in paragraph (7) of subsection (a) of Code Section 28-9-5,
relating to the powers of the Code Revision Commission relative
to publication of the Official Code of Georgia Annotated.
Section 29. Reserved.
Section 30. Title 30 of the Official Code of Georgia Anno-
tated, relating to handicapped persons, is amended as follows:
(1) By striking "provided, further that and inserting in
lieu thereof "provided, further, that in Code Section 30-3-3,
relating to standards and specifications applicable to buildings
and facilities so as to make them accessible to handicapped per-
sons.
Section 31. Title 31 of the Official Code of Georgia Anno-
tated, relating to health, is amended as follows:
(1) By striking "the intent of the intent of the General
Assembly and inserting in lieu thereof "the intent of the Gen-

18 GENERAL ACTS AND RESOLUTIONS, VOL. I
eral Assembly in Code Section 31-18-1, relating to the declara-
tion of policy relative to treatment and rehabilitation of spinal
cord disabled and head-injured persons.
Section 32. Title 32 of the Official Code of Georgia Anno-
tated, relating to highways, bridges, and ferries, is amended
as follows:
(1) By striking "control of any responsibility for and in-
serting in lieu thereof "control of and responsibility for in para-
graph (1) of subsection (a) of Code Section 32-2-2, relating to
powers and duties of the Department of Transportation.
Section 33. Title 33 of the Official Code of Georgia Anno-
tated, relating to insurance, is amended as follows:
(1) By striking "purposes for and inserting in lieu thereof
"purposes of in paragraph (2) of subsection (d) of Code Section
33- 25-4, relating to required nonforfeiture provisions.
(2) By deleting "known as in paragraph (8) of subsection
(a) of Code Section 33-37-17, relating to certain powers of the
Commissioner of Insurance.
Section 34. Title 34 of the Official Code of Georgia Anno-
tated, relating to labor and industrial relations, is amended as
follows:
(1) By striking "Code Sections 51-4-1 through 51-4-4; and
inserting in lieu thereof "Code Sections 51-4-1, 51-4-2, and 51-
4-4; and by striking "Code Sections 51-4-2 through 51-4-4 and
inserting in lieu thereof "Code Sections 51-4-2 and 51-4-4 in
Code Section 34-7-41, relating to liability of a common carrier
by railroad for personal injury or death of employee.
(2) By striking "such service if performed and inserting
in lieu thereof "such service is performed in paragraph (2) of
subsection (g) and by striking "the United States secretary of
labor and inserting in lieu thereof "the United States Secretary
of Labor in paragraph (6) of subsection (o) in Code Section
34- 8-40, relating to the definition of the term "employment
in the "Employment Security Law.
GEORGIA LAWS 1986 SESSION
19
(3) By striking "water capacity and inserting in lieu
thereof "water-containing capacity in subparagraph (a)(9)(C)
of Code Section 34-11-7, relating to exceptions to the maximum
allowable working pressure of a boiler or pressure vessel.
(4) By striking "owner and inserting in lieu thereof "own-
ers in subsection (a) of Code Section 34-12-8, relating to amuse-
ment ride inspection.
(5) By striking the comma following "amusement ride in
the first sentence of Code Section 34-12-19, relating to the right
of an owner or operator of an amusement ride to deny entry
to rides.
Section 35. Reserved.
Section 36. Title 36 of the Official Code of Georgia Anno-
tated, relating to local government, is amended as follows:
(1) By striking "time of annexation and inserting in lieu
thereof "time of incorporation in Code Section 36-31-4, relating
to requirements as to use and subdivision of areas proposed to
be incorporated.
(2) By deleting the comma preceding the parenthesis in
the first sentence of subsection (e) of Code Section 36-41-8, relat-
ing to the issuance of revenue bonds by urban residential finance
authorities.
(3) By striking "disperse and inserting in lieu thereof "dis-
burse in paragraph (6) of subsection (a) and by striking "Title
36 and inserting in lieu thereof "this title in paragraph (9)
of subsection (a) of Code Section 36-44-5, relating to redevelop-
ment powers of political subdivisions.
(4) By striking "Federal, State, and Community Affairs
Committee and inserting in lieu thereof "Urban and County
Affairs Committee in subsection (a) of Code Section 36-81-8,
relating to the preparation and filing of annual reports on local
government finances by the Department of Community Affairs.
Section 37. Reserved.
20
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 38. Reserved.
Section 39. Reserved.
Section 40. Title 40 of the Official Code of Georgia Anno-
tated, relating to motor vehicles and traffic, is amended as fol-
lows:
(1) By striking "Code Section 40-5-158 and inserting in
lieu thereof "Code Section 40-8-158 both times that it appears
in subsection (a) of Code Section 40-8-159.1, relating to proof
of emission inspection as prerequisite to issuing license or oper-
ating motor vehicle.
(2) By striking "a lawsuit and inserting in lieu thereof
"an action in subsection (c) and by striking "but such persons
drivers license, and inserting in lieu thereof "but suspension
of such persons drivers license, in subsection (d) of Code Sec-
tion 40-9-32, relating to determination of the amount of security
required under the "Motor Vehicle Safety Responsibility Act.
Section 41. Title 41 of the Official Code of Georgia Anno-
tated, relating to nuisances, is amended as follows:
(1) By striking "human habitation, commercial and insert-
ing in lieu thereof "human habitation or for commercial both
times that it appears, by striking "that there exists and insert-
ing in lieu thereof "that there exist, and by striking "or due
to other conditions and inserting in lieu thereof "or other condi-
tions in subsection (a) of Code Section 41-2-7, relating to power
of certain municipalities with regard to unfit buildings or struc-
tures.
Section 42. Reserved.
Section 43. Title 43 of the Official Code of Georgia Anno-
tated, relating to professions and businesses, is amended as fol-
lows:
(1) By striking "the effective date of this chapter and in-
serting in lieu thereof "March 29, 1983, in subsection (b) and
by striking "the effective date of this paragraph and inserting
in lieu thereof "July 1, 1985, in paragraph (2) of subsection
GEORGIA LAWS 1986 SESSION
21
(d) of Code Section 43-10-8, relating to certificates of registration
of cosmetologists.
(2) By inserting "are between "requirements and "sub-
stantially in subsection (d) of Code Section 43-10-9, relating
to application for certain certificates of registration.
(3) By striking "sign and inserting in lieu thereof "sign
reading in subparagraph (a)(1)(C) and by striking "persons
and inserting in lieu thereof "person in paragraph (1) of subsec-
tion (e) of Code Section 43-10-12, relating to regulation and per-
mits for certain schools.
(4) By striking "chapter and inserting in lieu thereof "arti-
cle in Code Section 43-18-40, relating to qualifications of em-
balmers and funeral directors.
(5) By striking "which and inserting in lieu thereof
"whom in subsection (i) of Code Section 43-36-4, relating to
creation of the State Board of Polygraph Examiners.
(6) By striking "an examinee who and inserting in lieu
thereof "to an examinee who so in paragraph (4) of subsection
(c) of Code Section 43-36-13, relating to procedures for polygraph
examinations.
(7) By striking "and, that and inserting in lieu thereof
"and that, in subparagraph (d)(3)(C), by striking "realized;
and inserting in lieu thereof "realized; and in subparagraph
(d) (3)(G), and by striking "amounts that and inserting in lieu
thereof "amounts as in subsection (j) of Code Section 43-40-
22, relating to the real estate education, research, and recovery
fund.
(8) By striking "salesman and inserting in lieu thereof
"salesperson in paragraphs (23) and (25) of subsection (a) of
Code Section 43-40-25, relating to violations by certain licensees,
schools, and instructors.
Section 44. Title 44 of the Official Code of Georgia Anno-
tated, relating to property, is amended as follows:
(1) By deleting "(1) and "(2) in the introductory language
preceding paragraph (1) and by deleting "(i) and "(ii) in sub-
22
GENERAL ACTS AND RESOLUTIONS, VOL. I
paragraph (B) of paragraph (13) of Code Section 44-3-3, relating
to registration statements for certain sales of subdivided lands.
(2) By striking subsection (b) of Code Section 44-3-9, relating
to certain orders of the commissioner, and inserting in lieu
thereof a new subsection (b) to read as follows:
"(b) In any proceedings for an injunction, the commis-
sioner may apply for and be entitled to have issued the
courts subpoena requiring:
(1) The immediate appearance of any defendant and
his agents, employees, partners, officers, or directors; and
(2) The production of such documents, books, and
records as may appear necessary for the hearing upon
the petition for an injunction.
Upon proof of any of the offenses described in this Code
section, the court may grant such injunction and appoint
a receiver or an auditor and issue such other orders for
the protection of purchasers as the facts may warrant.
(3) By deleting "(1) and "(2) in subsection (g) of Code Sec-
tion 44-3-13, relating to certain orders and hearings regarding
sales of subdivided lands.
(4) By inserting "or 'cemeteries between " 'Cemetery
and "means and by striking "The term 'cemetery or 'cemeter-
ies as used in this article and inserting in lieu thereof "Such
terms in paragraph (4) of Code Section 44-3-131, relating to
definitions regarding cemeteries.
(5) By striking subsection (a) and inserting in lieu thereof
a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to offer for sale
or to sell any cemetery burial rights, burial services, or burial
merchandise to any purchaser in this state unless:
(1) The related cemetery or preneed dealer is regis-
tered pursuant to this Code section; or
(2) Such related cemetery or preneed dealer is ex-
empt from the provisions of this article.
GEORGIA LAWS 1986 SESSION
23
The owner of each cemetery and preneed dealer shall apply
for and obtain a certificate or registration from the Secretary
of State; and it shall be unlawful to sell any burial lots,
rights, burial services, or burial merchandise without obtain-
ing and maintaining a valid certificate.,
by deleting "For the purposes of this Code section, 'perpetual
care shall be defined as and have the same meaning as that
contained in Code Section 44-3-131. in paragraph (1) of subsec-
tion (c), by deleting "For the purposes of this Code section, 'non-
perpetual care shall be defined as and have the same meaning
as that contained in Code Section 44-3-131. in paragraph (1)
of subsection (d), and by striking "subparagraph (e)(1)(A) of this
Code section and inserting in lieu thereof "subparagraph (A)
of paragraph (1) of this subsection in subparagraph (e)(1)(C)
of Code Section 44-3-134, relating to registration of dealers and
cemeteries.
(6) By striking paragraph (5) of subsection (a) of Code Sec-
tion 44-3-136, relating to certain stop orders of the Secretary
of State and inserting in lieu thereof a new paragraph (5) to
read as follows:
"(5) Any provision of this article or any rule, order,
or condition lawfully imposed under this article has been
willfully violated by:
(A) The person filing the registration statement;
(B) The registrants individual owner, corporate
owner, or person who owns controlling interest of the
corporate owner; or
(C) The trustee or escrow agent of a trust fund or
escrow account established and maintained pursuant to
the provisions of this article.
(7) By adding immediately following paragraph (5) a new
paragraph (5.1) of Code Section 44-3-162, relating to definitions
regarding time-share projects and programs, to read as follows:
"(5.1) 'Developer control period means the period of
time during which the developer or managing agent selected
24
GENERAL ACTS AND RESOLUTIONS, VOL. I
by the developer may manage the time-share program and
the units in the time-share program.
(8) By striking "period of time, hereafter referred to as
'developer control period, during which the developer or a man-
aging agent selected by the developer may manage the time-
share program and the units in the time-share program and
inserting in lieu thereof "developer control period in subsection
(a) of Code Section 44-3-168, relating to developer control periods
in time-share estate programs.
(9) By striking Code Section 44-3-171, relating to sale of
certain time-share intervals, and inserting in lieu thereof a new
Code Section 44-3-171 to read as follows:
"44-3-171. In the event that:
(1) Time-share intervals in a time-share program
have been sold in this state to a resident of this state
prior to July 1, 1983;
(2) The time-share instruments and project instru-
ments creating such program do not provide for or con-
tain the provisions required by Code Sections 44-3-166
through 44-3-170; and
(3) The developer does not control a sufficient num-
ber of votes in the time-share program to amend the
time-share instruments and project instruments to pro-
vide for the inclusion of the provisions required by Code
Sections 44-3-166 through 44-3-170 without the vote of
any other time-share interval owners,
then the developer shall include in the public offering state-
ment a listing of those provisions required by Code Sections
44-3-166 through 44-3-170, but not included in the instru-
ments.
(10) By deleting "(FGCC) and by striking "FGCC twice
and inserting in lieu thereof "Federal Geodetic Control Commit-
tee in Code Section 44-4-25, relating to prohibition of recorda-
tion of certain coordinates of point.

: 2*v'Ti-VjV ! V-.

GEORGIA LAWS 1986 SESSION
25
(11) By striking "became and inserting in lieu thereof "be-
come in paragraph (1) of subsection (a) of Code Section 44-12-
194, relating to a presumption of abandonment of certain un-
claimed funds.
(12) By striking "ficuciary and inserting in lieu thereof "fi-
duciary in Code Section 44-12-198, relating to certain presump-
tions of abandonment.
(13) By adding a new Code section to be designated Code
Section 44-13-1.1 to read as follows:
"44-13-1.1. As used in this article, the term 'dependent
means a person whom the debtor may claim as a dependent
for income tax purposes pursuant to Code Section 48-7-26.
(14) By deleting "As used in this article, 'dependent means
a person whom the debtor may claim as a dependent for income
tax purposes pursuant to Code Section 48-7-26. in Code Section
44-13-2, relating to applications for certain exemptions from
levy and sale.
Section 45. Title 45 of the Official Code of Georgia Anno-
tated, relating to public officers and employees, is amended as
follows:
(1) By striking "listed below and inserting in lieu thereof
"enumerated in this Code section and by striking "above and
inserting in lieu thereof "expense allowance and reimbursement
provided for in this Code section in Code Section 45-7-21, relat-
ing to the expense allowance and travel cost reimbursement
for members of certain boards and commissions.
(2) By striking "Firemans and inserting in lieu thereof
"State Firemens in Code Section 45-9-83, relating to the cre-
ation of the Georgia State Indemnification Commission.
(3) By striking "either and inserting in lieu thereof "any
in subparagraph (a)(15)(C) of Code Section 45-10-25, relating to
certain exceptions to prohibitions on transactions with state
agencies.
(4) By striking "$12,500,000 and inserting in lieu thereof
"$12,500,000.00 in subsection (d) of Code Section 45-12-93, relat-
ing to the revenue shortfall reserve.
26
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) By inserting "to between "election and "or in para-
graph (1) of subsection (b) of Code Section 45-16-1, relating to
the election, commission, and removal of coroners.
(6) By inserting "a between "and and "fee in subsection
(b) of Code Section 45-16-27, relating to post-mortem examina-
tions and inquests.
(7) By striking "Georgia Coroners Training Council and
inserting in lieu thereof "council in Code Section 45-16-63, re-
lating to certain oaths of office and certificates of appointment.
(8) By striking "corporate and inserting in lieu thereof
"cooperate and by striking "purpose and inserting in lieu
thereof "purposes in paragraph (2) and by deleting "estab-
lished in paragraph (4) of Code Section 45-16-65, relating to
powers and duties of the Georgia Coroners Training Council.
(9) By striking "signed in presence and inserting in lieu
thereof "signed in the presence in paragraph (2) of subsection
(b) of Code Section 45-17-2.1, relating to application to be a no-
tary public.
(10) By striking "Employee Benefit Plan Council and insert-
ing in lieu thereof "council in Code Section 45-18-52, relating
to the establishment of flexible employee benefit plans.
(11) By striking "voluntary and inserting in lieu thereof
"voluntarily in Code Section 45-18-54, relating to continuation
of certain optional benefit plans.
(12) By striking "state or plan and inserting in lieu thereof
"state, or the plan in Code Section 45-18-56, relating to execu-
tion of certain contracts by the commissioner of personnel ad-
ministration.
(13) By striking "subsection (d) and inserting in lieu thereof
"subsection (e) in Code Section 45-19-32, relating to violation
of certain conciliation agreements.
(14) By deleting , hereinafter called the respondent, in
subsection (a), by striking "subsection (c) and inserting in lieu
thereof "subsection (d) in subsection (d), by redesignating sub-
GEORGIA LAWS 1986 SESSION
27
sections (a) through (f) as subsections (b) through (g), respec-
tively, and by adding a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'respondent
means an employer charged with an alleged unlawful prac-
tice.,
in Code Section 45-19-36, relating to complaints of certain unlaw-
ful practices.
Section 46. Reserved.
Section 47. Reserved.-
Section 48. Title 48 of the Official Code of Georgia Anno-
tated, relating to revenue and taxation, is amended as follows:
(1) By striking "he has and inserting in lieu thereof "they
have in subsections (a) and (b) in Code Section 48-5-141, relating
to the periodic paying over of county taxes by public officers.
(2) By striking "subsection (a) of this Code section and
inserting in lieu thereof "paragraph (1) of this subsection in
paragraph (2) of subsection (a) of Code Section 48-7-165, relating
to hearing procedures for certain setoff debt collections.
(3) By striking "bringing and inserting in lieu thereof
"bring in paragraph (19) of Code Section 48-8-3, relating to
exemptions from sales and use taxes.
(4) By striking "subsection (c) of this Code section and
inserting in lieu thereof "paragraph (1) of this subsection in
paragraph (2) of subsection (d) of Code Section 48-8-111, relating
to procedures for the imposition of a special county 1 percent
sales and use tax.
(5) By striking "has no highway use of such fuels or is a
reseller of such fuels and inserting in lieu thereof "has no
highway use of such fuels and is not a reseller of such fuels
in subdivision (b)(7)(B)(ii)(I) of Code Section 48-9-3, relating to
the levy of an excise tax on motor fuels.
Section 49. Title 49 of the Official Code of Georgia Anno-
tated, relating to social services, is amended as follows:
28
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) By striking the comma following "department has deter-
mined in Code Section 49-5-63, relating to the notice of determi-
nation of preliminary records check.
Section 50. Title 50 of the Official Code of Georgia Anno-
tated, relating to state government, is amended as follows:
(1) By striking "Industry, Labor, and Tourism and insert-
ing in lieu thereof "Industry and Labor in Code Section 50-5-
124, relating to required reports by the small business advisory
council of the Department of Administrative Services.
(2) By striking "which accrues or is paid and inserting
in lieu thereof "which accrue or are paid in subparagraph (C)
of paragraph (3) of Code Section 50-10-4, relating to definitions
affecting the Georgia Development Authority.
(3) By striking "lighting and inserting in lieu thereof
"lightning in paragraph (8) of Code Section 50-16-34, relating
to the duties and powers of the State Properties Commission.
(4) By striking "Banking, Finance, and Insurance and in-
serting in lieu thereof "Banking and Finance in subsection
(a) of Code Section 50-17-51, relating to meetings and records
of the State Depository Board.
Section 51. Title 51 of the Official Code of Georgia Anno-
tated, relating to torts, is amended as follows:
(1) By designating the first sentence as paragraph (1), by
designating the second sentence as paragraph (2), and by strik-
ing "the preceding sentence and inserting in lieu thereof "para-
graph (1) of this subsection in subsection (d) of Code Section
51-4-2, relating to persons entitled to bring an action for wrong-
ful death of a spouse or parent.
Section 52. Reserved.
Section 53. Title 53 of the Official Code of Georgia Anno-
tated, relating to wills, trusts, and administration of estates,
is amended as follows:
(1) By striking "probate court and inserting in lieu thereof
"superior court in subsection (a) of Code Section 53-13-16, relat-
GEORGIA LAWS 1986 SESSION
29
ing to procedures for requiring a trustee to give bond despite
language of the trust instrument.
Section 54. Except for Title 47, the text of Code sections
and title, chapter, article, part, subpart, Code section, subsec-
tion, paragraph, subparagraph, division, and subdivision num-
bers 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 1985 supplement to the Official
Code of Georgia Annotated published under authority of the
state in 1985 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 Commis-
sion 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, depart-
ments, boards, commissions, or other entities which are con-
tained in the Official Code of Georgia Annotated are not enacted
as statutes by the provisions of this Act. Material which has
been added in brackets within the text of a Code section by
the editorial staff of the publisher in order to explain or to
prevent a misapprehension concerning the contents of the Code
section and which is explained in an editorial note is not enacted
by the provisions of this section and shall not be considered a
part of the Official Code of Georgia Annotated. The reenactment
of the statutory portion of the Official Code of Georgia Annotated
by this Act shall not affect, supersede, or repeal any Act of
the General Assembly, or portion thereof, which is not contained
in the Official Code of Georgia Annotated and which was not
repealed by Code Section 1-1-10, specifically including those Acts
which have not yet been included in the text of the Official
Code of Georgia Annotated because of effective dates which ex-
tend 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 1986 regular session of the General Assembly of Georgia
shall supersede the provisions of the Official Code of Georgia
Annotated reenacted by this section.
30
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 55. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 56. All laws and parts of laws in conflict with this
Act are repealed.
Approved February 11, 1986.
RETIREMENT AND PENSIONS CODE REVISION.
Code Title 47 Amended.
No. 782 (House Bill No. 1214).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated,
relating to retirement and pensions, so as to correct typographi-
cal, 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 mat-
ters relating to the Official Code of Georgia Annotated; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Anno-
tated, relating to retirement and pensions, is amended as fol-
lows:
(1) By striking "subsections (a) and (b) of from paragraph
(3) of subsection (f) of Code Section 47-2-334, relating to the
GEORGIA LAWS 1986 SESSION
31
service retirement allowance and calculation of retirement ben-
efits or allowances under the Employees Retirement System
of Georgia.
(2) By striking "which has or may be and inserting in
lieu thereof "which has been or may be in paragraph (4) of
Code Section 47-6-1, relating to definitions of terms relating
to the Georgia Legislative Retirement System.
(3) By adding "of this Code section between "(b) and "dur-
ing in subsection (c) of Code Section 47-14-70, relating to retire-
ment benefits under the Superior Court Clerks Retirement
Fund of Georgia.
(4) By striking "noninjury and inserting in lieu thereof
"nonjury in paragraph (1) of subsection (j) of Code Section 47-
17-81, relating to disability benefits under the Peace Officers
Annuity and Benefit Fund.
(5) By striking "combining the affects and inserting in
lieu thereof "combining the effects in subparagraph (C) of para-
graph (4) of Code Section 47-20-30, relating to definitions of terms
relating to the procedures for the consideration of retirement
bills in the General Assembly.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved February 11, 1986.
32
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS CODE REVISION.
Code Title 21, Chapters 2 and 3 Amended.
No. 787 (House Bill No. 1215).
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 moderniza-
tions 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 effec-
tive 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 Anno-
tated, relating to elections, is amended as follows:
(1) By striking "therefore and inserting in lieu thereof
"therefor in subsection (b) and by deleting , relating to con-
tested primaries and elections in subsection (d) of Code Section
21-2-5, relating to qualification of candidates for federal and
state office.
(2) By deleting , relating to contested primaries and elec-
tions in subsection (d) of Code Section 21-2-6, relating to qualifi-
cations of candidates for county office.
(3) By deleting the comma following "candidacy in subsec-
tion (d) immediately preceding paragraph (1), by deleting "or
at the end of paragraph (2) of subsection (d), and by striking
"thereunder and inserting in lieu thereof "under this chapter
in paragraph (8) of subsection (e) of Code Section 21-2-132, relat-
ing to filing a notice of candidacy.
GEORGIA LAWS 1986 SESSION
33
(4) By striking "hereunder and inserting in lieu thereof
"under this chapter in paragraph (8) of subsection (e) of Code
Section 21-2-153, relating to qualification of candidates for cer-
tain party nomination.
(5) By striking "hereinbefore provided and inserting in
lieu thereof "provided in subsection (a) of this Code section
in subsection (b) and by striking "above per diem compensation
and inserting in lieu thereof "per diem compensation provided
for in this subsection and by striking "above limitations and
inserting in lieu thereof "limitations provided for in this subsec-
tion in subsection (c) of Code Section 21-2-211, relating to ap-
pointment of county registrars.
(6) By striking "office holder and inserting in lieu thereof
"officeholder in subsection (a) and by striking "Secretary of
the State and inserting in lieu thereof "Secretary of State
in subsection (b) of Code Section 21-2-213, relating to qualifica-
tions of registrars and deputy registrars.
(7) By striking "above form of registration card and insert-
ing in lieu thereof "form of the registration card provided for
in subsection (a) of this Code section and striking "County of
the state and inserting in lieu thereof "County of the State
in paragraph (1) of subsection (b), by striking "Code Section
21-2-217 and inserting in lieu thereof "this Code section in
subparagraph (b)(2)(B), by striking "subparagraph (b)(2)(A) of
this Code section and inserting in lieu thereof "subparagraph
(A) of paragraph (2) of this subsection in paragraph (3) of subsec-
tion (b), and by striking "Code and inserting in lieu thereof
"title in subsection (f) of Code Section 21-2-217, relating to
the form of registration cards.
(8) By deleting the comma following "law in subsection
(b) of Code Section 21-2-231, relating to exemption of qualified
electors from certain registration or qualification.
(9) By striking "(Zip) and inserting in lieu thereof "(ZIP)
in subsection (a) of Code Section 21-2-240, relating to procedure
upon change of residence of an elector.
(10) By deleting the commas following "delivery and "over-
seas citizen and by inserting a comma following "States in
34
GENERAL ACTS AND RESOLUTIONS, VOL. I
paragraph (1) of subsection (a) of Code Section 21-2-381, relating
to applications for absentee ballots.
(11) By striking "be prescribed and inserting in lieu thereof
"be determined, by striking "defined and prescribed and in-
serting in lieu thereof "provided for, by striking "ascribed
and inserting in lieu thereof "provided for in subsection (b)
and by striking "21-2-579, 21-2-568, or 21-2-573 and inserting
in lieu thereof "21-2-568, 21-2-573, or 21-2-579 in subsection
(c) of Code Section 21-2-384, relating to preparation and delivery
of ballots and envelopes.
(12) By striking "(if any) and inserting in lieu thereof ,
if any in subsection (a) of Code Section 21-2-385, relating to
procedure for voting by absentee ballot.
(13) By inserting "the between "of and "polls in Code
Section 21-2-404, relating to affording employees time off to vote.
(14) By striking "said provisions and inserting in lieu
thereof "the provisions of Code Section 21-2-414 in subsection
(d) of Code Section 21-2-413, relating to the conduct of voters
and campaigners at polling places.
(15) By inserting a comma between "kind and "nor in
subsection (a) of Code Section 21-2-414, relating to certain re-
strictions on campaign activities and public opinion polling.
(16) By striking "above acts and inserting in lieu thereof
"acts enumerated in this subsection in subsection (a) of Code
Section 21-2-415, relating to distribution of certain campaign
literature.
(17) By striking "aforesaid and inserting in lieu thereof
"provided in this subsection in subsection (a) and by striking
"aforesaid and inserting in lieu thereof "provided in subsection
(a) of this Code section in subsection (b) of Code Section 21-2-
440, relating to certain duties of poll officers.
(18) By inserting "a between "with and "mechanism
twice, by striking "aforesaid and inserting in lieu thereof "pro-
GEORGIA LAWS 1986 SESSION
35
vided in this subsection and deleting "hereinafter in subsec-
tion (a), afid by striking "herein prescribed and inserting in
lieu thereof "provided in this subsection in subsection (b) of
Code Section 21-2-450, relating to certain procedures in polling
places.
(19) By deleting the comma between "question and "shall
in subsection (b) and by striking "foregoing returns and insert-
ing in lieu thereof "returns provided for in this Code section
in subsection (d) of Code Section 21-2-455, relating to the canvass
and return of votes.
(20) By striking "subparagraph (4)(A) of this Code section
and inserting in lieu thereof "subparagraph (A) of this para-
graph in subparagraph (B) of paragraph (4) of Code Section
21-2-497, relating to preparation of certain consolidated returns.
(21) By striking "subparagraph (4)(A) and inserting in lieu
thereof "subparagraph (A) of paragraph (4) in subsection (a)
and by inserting "the between "of and "Court in the catch-
line of subsection (c) of Code Section 21-2-502, relating to the
issuance of certificates of election.
(22) By striking "aforesaid and inserting in lieu thereof
"provided in this subsection in subsection (f) of Code Section
21-2-524, relating to filing petitions to contest primaries or elec-
tions.
(23) By striking "(or its agent) and inserting in lieu thereof
"or its agent twice in subparagraph (A) of paragraph (31) of
Code Section 21-3-2, relating to definitions regarding elections.
(24) By striking "thereunder and inserting in lieu thereof
"under this chapter in paragraph (8) of subsection (e) of Code
Section 21-3-91, relating to filing a notice of candidacy.
(25) By striking "thereunder and inserting in lieu thereof
"under this chapter in paragraph (8) of subsection (e) of Code
Section 21-3-98, relating to certain qualification of candidates
for party nomination.
36
GENERAL ACTS AND RESOLUTIONS, VOL. I
(26) By striking "office holder and inserting in lieu thereof
"officeholder in subsection (a) of Code Section 21-3-121, relating
to qualifications of registrars and deputy registrars.
(27) By deleting the parenthesis immediately preceding the
period at the end of the first sentence of subsection (b) of Code
Section 21-3-133, relating to purging certain lists of electors.
(28) By striking "said provisions and inserting in lieu
thereof "the provisions of Code Section 21-3-321 in subsection
(d) of Code Section 21-3-320, relating to the conduct of voters
and campaigners at polling places.
(29) By striking "persons and inserting in lieu thereof "per-
son and by inserting a comma between "kind and "nor in
subsection (a) of Code Section 21-3-321, relating to certain re-
strictions on campaign activities and public opinion polls.
(30) By striking "convicted for and inserting in lieu thereof
"convicted of in Code Section 21-3-478, relating to penalties
for certain misdemeanors.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved February 17, 1986.

GEORGIA LAWS 1986 SESSION
37
RAILROAD OR ELECTRIC COMPANIES
VENUE OF ACTIONS.
Code Section 46-1-2 Amended.
No. 788 (House Bill No. 1216).
AN ACT
To amend Code Section 46-1-2 of the Official Code of Georgia
Annotated, relating to the measure of damages for wrongs and
injuries by railroad companies, so as to change certain venue
provisions relative to actions against railroad or electric compa-
nies; to provide for an effective date; to repeal conflicting laws;
and other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 46-1-2 of the Official Code of Geor-
gia Annotated, relating to the measure of damages for wrongs
and injuries by railroad companies, is amended by striking sub-
section (c) of said Code section in its entirety and inserting in
lieu thereof a new subsection (c) to read as follows:
"(c) Any railroad or electric company shall be sued by
anyone whose person or property has been injured by such
railroad or electric company, or by its officers, agents, or
employees, for the purpose of recovering damages for such
injuries, in the county in which the cause of action origi-
nated; and actions on all contracts shall be brought in the
county in which the contract in question is made or is to
be performed. If the cause of action arises in a county where
the railroad or electric company liable to suit has no agent,
service may be perfected by the issuance of a second original,
to be served upon the company in the county of its principal
office and place of business, if in this state, and if not, on
any agent of such company. In the alternative, if the com-
pany has no agent in the county where the cause of action
arises, an action may be brought in the county of the resi-
dence of such company.
38
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved February 19, 1986.
EDUCATION LEASES OF SCHOOLHOUSES OR SCHOOL
PROPERTY NO LONGER NEEDED FOR SCHOOL
PURPOSES.
Code Section 20-2-600 Amended.
No. 790 (House Bill No. 1208). " >
AN ACT
To amend Article 12 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, relating to leasing public school
property for private educational purposes, so as to provide for
the lease of certain school property that has been determined
to be no longer needed for school purposes for a period not to
exceed 15 years; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 12 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, relating to leasing public school
property for private educational purposes, is amended by strik-
ing Code Section 20-2-600, relating to certain leases of school-
houses or other school property, and inserting in lieu thereof
a new Code Section 20-2-600 to read as follows:
"20-2-600. The various counties, cities, municipalities,
county boards of education, city boards of education, and
GEORGIA LAWS 1986 SESSION
39
governing bodies of independent school districts or systems
of this state shall have authority to lease any schoolhouse
or other school property that it has determined is no longer
needed for school purposes to any person, group of persons,
or corporation, provided that the lease shall be for a period
not longer than 15 years.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved February 25, 1986.
FORT HOWARD PAPER COMPANY EASEMENT OVER
STATE PROPERTY IN EFFINGHAM COUNTY.
No. 53 (House Resolution No. 566).
A RESOLUTION
Authorizing the State of Georgia, acting by and through
its State Properties Commission, to grant and convey to Fort
Howard Paper Company an easement over, under, across, and
through certain real property owned by the State of Georgia
and located in Effingham County, Georgia, for the construction,
installation, operation, maintenance, repair and improvement
of intake/outfall facility and a dock facility to be built over,
under, across, or through such State-owned property and for
initial and maintenance dredging over, under, across or through
such State-owned property; to provide an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS, Fort Howard Paper Company is constructing
a recycle tissue mill at a site in Effingham County, Georgia;
and
WHEREAS, in connection with such mill, Fort Howard Pa-
per Company has proposed to construct an intake/outfall facility
40
GENERAL ACTS AND RESOLUTIONS, VOL. I
and a dock facility in the Savannah River and to perform initial
and maintenance dredging to provide adequate depth for barges
and to maintain sufficient depth at the intake and discharge
structures; and
WHEREAS, Fort Howard Paper Company has obtained a
permit from the U.S. Army Corps of Engineers and a water
quality certification from the Environmental Protection Divi-
sion, Department of Natural Resources, State of Georgia, for
such intake/outfall facility, dock facility and initial and mainte-
nance dredging; and
WHEREAS, portions of the property on which such intake/
outfall facility and dock facility and initial and maintenance
dredging will be located are on lands lying below the high water
mark of the Savannah River which are owned by the State of
Georgia; and
WHEREAS, said State-owned real property is described as
follows:
ALL THAT TRACT OF LAND situate, lying and being
in Effingham County, Georgia, containing 0.67 acre, more
or less, as same is shown on a plat of survey dated December
17, 1985 entitled "Plat of a Proposed Dredging Easement
Along the West Side of the Savannah River, Effingham
County, Georgia prepared by Hussey, Gay and Bell, Con-
sulting Engineers, Savannah, Georgia, more particularly
James M. Sims, Georgia Registered Land Surveyor No. 2280,
which is incorporated herein and by this reference made a
part hereof, and being more particularly described from said
plat as follows:
Beginning at a point on the western bank of the Savannah
River, said point being located 100 feet, more or less, north-
erly from the approximate location of U.S. Corps of Engi-
neers Mile Marker No. 42, and being specifically located
by Georgia East Zone State Plane Coordinates y = 856,-
383.32, x 810,146.09; running thence N 13 degrees 41 ' E
along the top of the western bank of the Savannah River
a distance of 160.97 feet to a point located by Georgia East
Zone State Plane Coordinates y = 856,539.72, x = 810,184.16;
running thence N 0 degrees 56' 24" E along the top of the
western bank of the Savannah River a distance of 271.54
GEORGIA LAWS 1986 SESSION
41
feet to a point located by Georgia East Zone State Plane
Coordinates y = 856,811-22, x = 810,188.62; running thence
S 89 degrees 03' 36" E a distance of 60 feet to a point in
the Savannah River located by Georgia East Zone State
Plane Coordinates y = 856,810.24, x = 10,248.61; running
thence S 0 degrees 56' 24" = W a distance of 439.36 feet
to a point in the Savannah River located by Georgia East
Zone State Plane Coordinates y = 856,370.93, x 810,241.40;
running thence N 82 degrees 35' 39" W a distance of 96.12
feet to the point of beginning; and
WHEREAS, except as provided by legislative Act, the State
of Georgia may grant only a revocable license for the construc-
tion and maintenance of such improvements and facilities un-
der, over, through, or across State-owned properties for any term
exceeding one year; and
WHEREAS, the State of Georgia granted such a revocable
license to Fort Howard Paper Company on May 24, 1985; and
WHEREAS, Fort Howard Paper Company desires a perpet-
ual easement for the construction and maintenance of such im-
provements and facilities; and
WHEREAS, it is deemed beneficial for the State of Georgia
that such mill and supporting facilities be constructed and that
the State of Georgia grant and convey an easement to such
State-owned property under such terms and conditions as the
State Properties Commission shall determine to be in the best
interest of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED
BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The State of Georgia is the owner of real prop-
erty 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 Commis-
sion.
Section 2. That the State of Georgia, acting by and through
its State Properties Commission, is authorized and empowered
42
GENERAL ACTS AND RESOLUTIONS, VOL. I
to convey to Fort Howard Paper Company an easement for the
installation, operation, and maintenance of an intake/outfall
facility and a dock facility and to perform initial and mainte-
nance dredging and related activities in the easement area for
the purpose of constructing, operating, maintaining, repairing,
and replacing such intake/outfall facility and dock facility, to-
gether with the right of ingress and egress over adjacent land
of the State of Georgia as may be reasonably necessary to accom-
plish the aforesaid purposes. Said easement area is located in
Effingham County, Georgia, and is more particularly described
as follows:
ALL THAT TRACT OF LAND situate, lying and being
in Effingham County, Georgia, containing 0.67 acre, more
or less, as same is shown on a plat of survey dated December
17, 1985 entitled "Plat of a Proposed Dredging Easement
Along the West Side of the Savannah River, Effingham
County, Georgia prepared by Hussey, Gay and Bell, Con-
sulting Engineers, Savannah, Georgia, more particularly
James M. Sims, Georgia Registered Land Surveyor No. 2280,
which is incorporated herein and by this reference made a
part hereof, and being more particularly described from said
plat as follows:
Beginning at a point on the western bank of the Savan-
nah River, said point being located 100 feet, more or less,
northerly from the approximate location of U.S. Corps of
Engineers Mile Marker No. 42, and being specifically located
by Georgia East Zone State Plane Coordinates y = 856,-
383.32, x = 810,146.09; running thence N 13 degrees 41' E
along the top of the western bank of the Savannah River
a distance of 160.97 feet to a point located by Georgia East
Zone State Plane Coordinates y = 856,539.72, x = 810,184.16;
running thence N 0 degrees 56' 24" E along the top of the
western bank of the Savannah River a distance of 271.54
feet to a point located by Georgia East Zone State Plane
Coordinates y = 856,811.22, x = 810,188.62; running thence
S 89 degrees 03' 36" E a distance of 60 feet to a point in
the Savannah River located by Georgia East Zone State
Plane Coordinates y = 856,810.24, x == 810,248.61; running
thence S 0 degrees 56' 24' W a distance of 439.36 feet to a
point in the Savannah River located by Georgia East Zone
State Plane Coordinates y= 856,370.93, x = 810,241.40; run-
GEORGIA LAWS 1986 SESSION
43
ning thence N 82 degrees 35' 39" W a distance of 96.12 feet
to the point of beginning.
Section 3. That the consideration for such easement shall
be the benefit flowing to the State of Georgia from the construc-
tion and operation of such recycle tissue mill and related facili-
ties and the payment to the State of Georgia of One Hundred
Dollars ($100.00).
Section 4. That such easement shall be upon such other
terms and conditions as may be prescribed by the State Proper-
ties Commission.
Section 5. That the State Properties Commission is hereby
authorized to do all acts and things necessary and proper to
convey such easement.
Section 6. That such easement is made only for the pur-
poses of an intake/outfall facility and dock facility and initial
and maintenance dredging and activities in conjunction there-
with and shall continue only so long as Fort Howard Paper Com-
pany, its successors and assigns, continue to maintain and oper-
ate the aforesaid facilities, and should said facilities be perma-
nently abandoned or the use thereof permanently discontinued,
said easement shall terminate.
Section 7. For purposes of compliance with the provisions
of paragraph (4) of subsection (b) of Code Section 50-16-122 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 of survey prepared
by Hussey, Gay and Bell, signed by James M. Sims, Georgia
Registered Land Surveyor No. 2280, dated December 17, 1985,
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 February 25, 1986.
44
GENERAL ACTS AND RESOLUTIONS, VOL. I
APPROPRIATIONS SUPPLEMENTAL FOR S.F.Y. 1985-86.
No. 791 (House Bill No. 1259).
AN ACT
To amend an Act providing appropriations for the State Fis-
cal Year 1985-1986 known as the "General Appropriations Act,
approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by
an Act approved January 30, 1986 (Act No. 775, HB 1140), so
as to change certain appropriations for the State Fiscal Year
1985-1986; to change the revenue estimate; to make language
and other changes; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section T. An Act providing appropriations for the State
Fiscal Year 1985-1986, known as the "General Appropriations
Act, approved April 10,1985 (Ga. L. 1985, p. 1521), as amended
by an Act approved January 30, 1986 (Act No. 775, HB 1140),
is amended by striking everything following the enacting clause
through Section 85, and by substituting in lieu thereof the fol-
lowing:
"That the sums of money hereinafter provided are appropri-
ated for the State Fiscal Year beginning July 1,1985, and ending
June 30, 1986, 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 $4,972,000,000 for State
Fiscal Year 1986.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch.............$ 18,308,851
Personal Services - Staff................$ 7,861,329
GEORGIA LAWS 1986 SESSION
45
Personal Services - Elected
Officials........................ $ 2,386,700
Regular Operating Expenses.............$ 1,500,624
Travel - Staff.........................$ 125,700
Travel - Elected Officials.............$ 5,000
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing..............$ 552,800
Equipment Purchases....................$ 404,022
Computer Charges.......................$ 635,684
Real Estate Rentals....................$ 62,211
Telecommunications...,.................$ 600,803
Per Diem, Fees and
Contracts - Staff....................$ 487,750
Per Diem, Fees and
Contracts - Elected Officials........$ 1,798,836
Postage................................$ 139,592
Photography.......................... $ 65,000
Expense Reimbursement Account..........$ 1,132,800
Capital Outlay....................... $_____550,000
Total Funds Budgeted...................$ 18,308,851
State Funds Budgeted...................$ 18,308,851
Senate Functional Budgets
Total Funds
Senate and Research
Office
Lt. Governors Office
Secretary of the
Senates Office
Total
$ 3,145,820
$ 406,448
$ 968,417
$ 4,520,685
State Funds
$ 3,145,820
$ 406,448
$ 968,417
$ 4,520,685
House Functional Budgets
Total Funds State Funds
House of Representatives
and Research Office
Speaker of the
Houses Office
$ 6,939,155 $ 6,939,155
$ 260,881 $ 260,881
46
GENERAL ACTS AND RESOLUTIONS, VOL. I
Clerk of the
Houses Office
Total
$ 1,073,901 $ 1,073,901
$ 8,273,937 $ 8,273,937
Joint Functional Budgets
Total Funds State Funds
Legislative Counsels
Office
Legislative Fiscal Office
Legislative Budget Office
Ancillary Activities
Total
$ 2,111,767 $
$ 1,306,442 $
$ 720,594 $
$ 1,375,426 $
2,111,767
1,306,442
720,594
1,375,426
$ 5,514,229 $ 5,514,229
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, re-
pair, 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, com-
mittee rooms, or staff support service areas in any state owned
building other than the State Capitol, the committee shall mea-
sure the need for said space as compared to the space require-
ments for full-time state agencies and departments and shall,
GEORGIA LAWS 1986 SESSION
47
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 Legis-
lative Services Committee, the Office of Legislative Counsel, the
Office of Legislative Budget Analyst, Legislative Educational
Research Council and for the Legislative Fiscal Office; for com-
piling, publishing and distributing the Acts of the General As-
sembly and the Journals of the Senate and the House of Repre-
sentatives; for Code Revision; for the annual report of the State
Auditor to the General Assembly; for equipment, supplies, fur-
nishings, repairs, printing, services and other expenses of the
Legislative Branch of Government; and for payments to Presi-
dential 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 Gov-
ernment, and the payment and receipt of such allowances shall
not be in violation of any law.
The Legislative Services Committee shall seek to determine
ways to effect economies in the expenditure of funds appropri-
ated to the Legislative Branch of Government. The Committee
is hereby authorized to promulgate rules and regulations rela-
tive 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 legit-
imate legislative expenses and which should be paid for from
other appropriations.
Section 2. Department of Audits.
Budget Unit: Department of Audits........$ 7,864,771
Operations Budget:
Personal Services....................$ 7,676,610
Regular Operating Expenses...........$ 240,000
Travel.............................. $ 665,000
Motor Vehicle Purchases..............$ 48,000
Publications and Printing............$ 25,500
Equipment Purchases................ $ 12,250
Per Diem, Fees and
Contracts...........................$ 12,000
48
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals...................$ 238,490
Computer Charges.................... $ 120,000
Telecommunications....................... .$__45,000
Total Funds Budgeted..;...............$ 9,082,850
State Funds Budgeted........I...........$ 7,864,771
Total Positions Budgeted 212
Authorized Motor Vehicles 37
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............ $ 28,372,779
Operation of the Courts ............ $ 27,051,452
Prosecuting Attorneys Council........$ 538,924
Sentence Review Panel ................$ 114,778
Council of Superior
Court Judges...................... $ 51,378
Judicial Administrative
Districts...........................$ 609,002
Habeas Corpus Clerk...................$ 7,245
Section 6. Juvenile Courts.
Budget Unit: Juvenile Courts..............$ 196,899
Section 7. Institute of Continuing
Judicial Education.
Budget Unit: Institute of Continuing
Judicial Education............... $ 280,912
Institutes Operations..|............ $ 263,500
Georgia Magistrate Courts
Training Council....................$ 17,412
GEORGIA LAWS 1986 SESSION
49
Section 8. Judicial Council.
Budget Unit: Judicial Council............ $
Council Operations................. $
Payments to Judicial
Administrative Districts for
Case Counting.........i..............$
Board of Court Reporting............. $
Section 9. Judicial Qualifications
Commission.
Budget Unit: Judicial Qualifications
Commission.........................$
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.............$
640,621
552,486
67,100
21,035
104,325
48,471,995
31,010,663
7,214,022
186,613
378,330
291,901
1,019,998
7,457,828
2,819,982
502,011
511,381
20,041,264
32,700
11,552
-0-
1,845,140
50
GENERAL ACTS AND RESOLUTIONS, VOL. I
Direct Payments to Georgia
Building Authority for
Capital Outlay..........................$ 3,134,032
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals........i.....$ 855,968
Direct Payments to Georgia
Building Authority for
Operations...........................$ 1,695,103
Telephone Billings.;......... ........$ 29,292,784
Materials for Resale............. ....$ 8,636,000
Public Safety Officers
Indemnity Fund.......................$ 608,800
Health Planning Review
Board Operations........-............$ 55,000
Georgia Golf Hall of
Fame Operations......................$ 30,000
Unemployment Compensation
Payments.:,.;.................... $ 2,650,000
Comprehensive General Liability
Reserve Fund.........................$ 5,000,000
Hazardous Materials Liability
Reserve Fund.........................$ 1,000,000
Total Funds Budgeted...........;.......$ 126,281,072
State Funds Budgeted...................$ 48,471,995
Total Positions Budgeted 1,006
Authorized Motor Vehicles 300
Department of Administrative Services
Functional Budgets
Pos. Total Funds State Funds
State Properties
Commission
Departmental
Administration
Treasury and Fiscal
Administration
Central Supply
Administration
6 $ 328,502 $ 328,502
43 $ 7,577,255 $ 7,577,255
30 $ 17,326,280 $ 15,481,140
27 $ 8,604,348 $
-0-
GEORGIA LAWS 1986 SESSION
51
Procurement
Administration
General Services
Administration
Space Management
Administration
Data Processing Services
Motor Vehicle Services
Communication Services
Printing Services
Surplus Property
Services
Mail and Courier
Services
Risk Management
Services
Undistributed
Total
52 $ 2,273,127 $
12 $ 512,821 $
12 $ 442,971 $
540 $ 45,501,134 $
23 $ 2,267,469 $
122 $ 34,007,611 $
60 $ 4,578,652 $
40 $ 1,316,424 $
11 $ 369,977 $
28 $ 1,174,501 $
____0 $___________4)- $
1,006 $ 126,281,072 $
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.................$
2,273,127
-0-
442,971
16,369,000
-0-
6,000,000
-0-
-0-
-0-
-0-
_________-0-
48,471,995
-0-
14,942,173
3,418,461
4,000
34,600
30.000
1,094,860
35.000
46,296
52
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications......................$
Per Diem, Fees and Contracts............$
Capital Outlay..........................$
Authority Lease Rentals.................$
Utilities.............................. $
Facilities Renovations
and Repairs......................
Total Funds Budgeted................... $
State Funds Budgeted....................$
Total Positions Budgeted.............. $
Authorized Motor Vehicles...............$
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 1............... $
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, and
Statesboro....................... $
Veterinary Fees.......................$
Indemnities......................:...$
Bee Indemnities..................... $
Advertising Contract................ $
Payments to Georgia Agrirama
Development Authority for
Operations.......................... $
84,679
120,000
3,340,000
855,968
6,753,164
-0-
30,759,201
-0-
542
105
28,659,215
23,576,567
2,233,472
854,358
276,313
604,546
203,716
170,000
601,167
350,557
287,910
520,500
1,940,209
1,313,370
547,250
98.000
80.000
95,000
314,932
GEORGIA LAWS 1986 SESSION
53
Renovation, Construction,
Repairs and Maintenance
Projects at Major
and Minor Markets....................$ 1,900,000
Capital Outlay..........................$ 140,000
Contract - Federation of
Southern Cooperatives................$ 60,000
Tick Control Program.................. $ 50,000
Total Funds Budgeted........................36,217,867
State Funds Budgeted....................$ 28,659,215
Total Positions Budgeted 912
Authorized Motor Vehicles 276
Department of Agriculture Functional Budgets
Pos. Total Funds State Funds
120 $ 3,520,983 $
Plant Industry
Animal Industry
Marketing
General Field Forces
Internal Administration
Information and
Education
Fuel and Measures
Consumer Protection
Field Forces
Meat Inspection
Major Markets
Seed Technology
Entymology and
Pesticides
3,147,695
56 $ 5,874,022 $ 5,507,135
44 $ 2,289,649 $ 2,281,649
113 $ 2,899,192 $ 2,899,192
58 $ 3,249,198 $ 3,141,797
8 $ 1,209,847 $ 1,209,847
71 $ 2,042,837 $ 2,037,837
155 $ 5,077,174 $ 4,112,424
122 $ 3,600,113 $ 1,452,943
106 $ 4,541,341 $ 1,387,674
8 $ 276,489 $ 25,000
51 $ 1,637,022 $ 1,456,022
54
GENERAL ACTS AND RESOLUTIONS, VOL. I
Undistributed ______0 $__________-0- $___________-0-
Total 912 $ 36,217,867 $ 28,659,215
B. Budget Unit: Georgia Agrirama
Development Authority........$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services................... $ 423,733
Regular Operating Expenses............$ 115,715
Travel............................. $ 7,000
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing.......,.....$ 14,064
Equipment Purchases...................$ 7,175
Computer Charges......................$ -0-
Real Estate Rentals...................$ -0-
Telecommunications....................$ 8,000
Per Diem, Fees and Contracts..........$ 27,270
Capital Outlay........................$ 137,000
Goods for Resale......................$______73,500
Total Funds Budgeted..................$ 813,457
State Funds Budgeted..................$ -0-
Total Positions Budgeted 28
Authorized Motor Vehicles 8
Section 12. Department of Banking
and Finance.
Budget Unit: Department of Banking
and Finance.......................$ 4,494,594
Administration and Examination Budget:
Personal Services.....................$ 3,542,759
Regular Operating Expenses............$ 175,404
Travel................................$ 277,043
Motor Vehicle Equipment Purchases.....$ 135,302
Publications and Printing.............$ 14,300
Equipment Purchases...................$ 14,926
Computer Charges......................$ 136,827
Real Estate Rentals...................$ 151,130
Telecommunications....................$ 44,903
Per Diem, Fees and Contracts..........$_______2,000
Total Funds Budgeted..................$ 4,494,594
GEORGIA LAWS 1986 SESSION
55
State Funds Budgeted....................$ 4,494,594
Total Positions Budgeted 104
Authorized Motor Vehicles 30
Section 13. Department of Community
Affairs.
A. Budget Unit: Department of
Community Affairs.................$ 6,344,103
State Operations Budget:
Personal Services.....................$ 4,036,325
Regular Operating Expenses............$ 135,040
Travel............................... $ 187,900
Motor Vehicle Equipment
Purchases...........................$ 24,000
Publications and Printing.............$ 70,025
Equipment Purchases...................$ 7,072
Computer Charges......................$ 21,000
Real Estate Rentals...................$ 205,692
Telecommunications....................$ 84,900
Per Diem, Fees and Contracts..........$ 84,430
Capital Felony Expenses...............$ -0-
Contracts with Area Planning
and Development Commissions.........$ 1,282,500
Local Assistance Grants............. $ 992,400
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............................$ -0-
Total Funds Budgeted..................$ 44,644,604
State Funds Budgeted................. $ 6,344,103
Total Positions Budgeted 109
Authorized Motor Vehicles 7
56
GENERAL ACTS AND RESOLUTIONS, VOL. I
Department of Community Affairs Functional Budgets
Pos. Total Funds State Funds
Executive and
Administrative
Technical Assistance
Community and
Economic
Development
Intergovernmental
Assistance
Job Training
Partnership Act
Undistributed
Total
18 $ 3,456,831 $ 3,401,331
29 $ 2,244,693 $ 1,049,994
41 $ 37,842,419 $ 1,136,394
18 $ 960,648 $ 756,384
3 $
0 $
140,013 $
_____-0- $
-0-
-0-
109 $ 44,644,604 $ 6,344,103
B. Budget Unit: Authorities..............$ -0-
Operations Budget:
Personal Services.....................$ 2,530,628
Regular Operating Expenses............$ 332,004
Travel.............................. $ 79,379
Motor Vehicle Equipment
Purchases...................... ...$ 84,842
Publications and Printing........... $ 64,121
Equipment Purchases................. $ 76,302
Computer Charges.................... $ 40,865
Real Estate Rentals...................$ 164,062
Telecommunications............g.......$ 74,253
Per Diem, Fees and Contracts..........$ 163,555
Rental Assistance Payments............$ 11,500,000
Grants to Housing Sponsors............$ 500,000
Total Funds Budgeted................ $ 15,610,011
State Funds Budgeted................ $ -0-
Total Positions Budgeted 87
Authorized Motor Vehicles 37
GEORGIA LAWS 1986 SESSION
57
Authorities Functional Budgets
Pos.
Georgia Residential
Finance Authority 81
Georgia Development
Authority 6
Undistributed 0
Total 87
Total Funds State Funds
$ 15,230,011 $ -0-
$ 380,000 $ -0-
$___________-0- $__________-o-
$ 15,610,011 $ -0-
Section 14. Department of Corrections.
A. Budget Unit: Departmental
Operations.........................$ 26,260,636
Departmental Operations Budget:
Personal Services......................$ 10,267,004
Regular Operating Expenses.............$ 770,408
Travel............................... $ 379,626
Motor Vehicle Equipment
Purchases............................$ 846,471
Publications and Printing..............$ 62,400
Equipment Purchases....................$ 200,096
Computer Charges.......................$ 1,513,485
Real Estate Rentals.................. $ 1,106,277
Telecommunications.....................$ 312,878
Per Diem, Fees and Contracts...........$ 1,026,529
Utilities..............................$ 50,000
County Subsidy.........................$ 7,492,000
County Subsidy for Jails...............$ 493,092
Court Costs............................$ 353,000
Central Repair Fund....................$ 564,800
Grants for County
Workcamp Construction................$ 600,000
Local Jail Equipment Grants............$ -0-
Grants for Local Jails.................$ 500,000
Payments to Georgia
Correctional Industries............. $_____391,700
Total Funds Budgeted.................26,929,766
58
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect DO AS Funding................ $ 450,000
State Funds Budgeted....................$ 26,260,636
Total Positions Budgeted................$ 338
Authorized Motor Vehicles...............$ 92
Departmental Operations Functional Budgets
Pos. Total Funds State Funds
General Administration
and Support
Adult Facilities
and Programs
Training and
Staff Development
Undistributed
Total
188$ 11,315,056
121 $ 14,071,865
29 $ 1,542,845
0 $___________
338 $ 26,929,766
$ 10,865,056
$ 13,852,735
$ 1,542,845
$___________St
$ 26,260,636
B. Budget Unit: Correctional Institutions,
Transitional Centers and
Support..............A..............$ 154,073,588
Institutional Operations Budget:
Personal Services..............r. ....$ 104,745,416
Regular Operating Expenses.............$ 19,546,515
Travel............................... $ 92,817
Motor Vehicle Equipment
Purchases............................$ 1,508,800
Publications and Printing.........88,000
Equipment Purchases....................$ 3,156,334
Computer Charges.......................$ -0-
Real Estate Rentals....................$ 294,430
Telecommunications.....................$ 961,823
Per Diem, Fees and Contracts...........$ 231,079
Utilities..............................$ 7,066,100
Payments to Central State
Hospital for Meals.............. ...$ 2,430,900
Payments to Central State
Hospital for Utilities............... $ 1,224,000
GEORGIA LAWS 1986 SESSION
59
Payments to Public Safety
for Meals.............................$ 70,434
Inmate Release Funds....................$ 880,000
Health Service Purchases................$ 10,946,930
Payments to the Medical
Association of Georgia for
Jail and Prison Health
Care Certification................l..$ 42,909
University of Georgia -
Cooperative Extension
Service Contracts.....................$ 217,000
Minor Construction Fund.................$ 860,101
Authority Lease Rentals.................$ 440,000
Capital Outlay..........................$______874,000
Total Funds Budgeted....................$ 155,677,588
State Funds Budgeted................154,073,588
Total Positions Budgeted................$ 4,860
Authorized Motor Vehicles 389
Correctional Institutions, Transitional Centers, and
Support Functional Budgets
Pos. Total Funds State Funds
Georgia Training and
Development Center
Georgia Industrial
Institute
Alto Education and
Evaluation Center
Georgia Diagnostic and
Classification Center
Georgia State Prison
Consolidated Branches
Middle Georgia
Correctional
Institution
70 $ 1,973,572 $ 1,973,572
296 $ 7,768,403 $ 7,768,403
39 $ 1,438,659 $
1,438,659
360 $ 8,644,692 $
717 $ 17,318,617 $
525 $ 13,734,480 $
8,644,692
17,318,617
13,644,440
818 $ 19,569,308 $
19,569,308
60
GENERAL ACTS AND RESOLUTIONS, VOL. I
Jack T. Rutledge
Correctional
Institution 148 $
Central Correctional
Institution 138 $
Metro Correctional
Institution 183 $
Coastal Correctional
Institution 179 $
Central Funds 7 $
D.O.T. Work Details 32 $
Food Processing
and Distribution 210 $
Farm Operations 39 $
Dodge Correctional
Institution 143 $
Transitional Centers 117 $
Augusta Correctional and
Medical Institution 255 $
Health Care 298 $
Richard H. Rogers
Correctional
Institution
Forsyth Correctional
Institution 141 $
Federal Grants 0 $
Undistributed 0 $
Total
3,891,742 $
3,425,090 $
4,367,715 $
4,383,393 $
11,823,999 $
678,428 $
12,432,132 $
5,462,814 $
3,346,249 $
3,487,679 $
5,774,632 $
19,913,503 $
145 $ 3,577,227 $
2,561,254 $
104,000 $
________-Or $
4,860 $ 155,677,588 $
3,891,742
3,425,090
4,367,715
4,324,893
11,823,999
-0-
11,784,100
5,437,814
3,346,249
3,487,679
5,774,632
19,913,503
3,577,227
2,561,254
-0-
_________-0;
154,073,588
GEORGIA LAWS 1986 SESSION
61
C. Budget Unit: Board of Pardons and
Paroles........................... $ 13,859,707
Board of Pardons and Paroles Budget:
Personal Services......................$ 11,163,650
Regular Operating Expenses.............$ 470,061
Travel............................... $ 433,482
Motor Vehicle Equipment
Purchases............................$ 50,000
Publications and Printing..............$ 41,774
Equipment Purchases....................$ 118,050
Computer Charges.......................$ 174,214
Real Estate Rentals....................$ 770,219
Telecommunications.....................$ 335,510
Per Diem, Fees and Contracts...........$ 64,460
County Jail Subsidy....................$_____248,425
Total Funds Budgeted................. $ 13,869,845
State Funds Budgeted...................$ 13,859,707
Total Positions Budgeted 470
Authorized Motor Vehicles 31
D. Budget Unit: Georgia Correctional
Industries.........................$ -0-
Georgia Correctional Industries
Budget:
Personal Services.....................$ 2,272,330
Regular Operating Expenses............$ 894,000
Travel................................$ 61,000
Motor Vehicle Equipment
Purchases...........................$ 187,000
Publications and Printing.............$ 9,500
Equipment Purchases...................$ 396,000
Computer Charges......................$ 1,900
Real Estate Rentals...................$ 95,000
Telecommunications....................$ 68,500
Per Diem, Fees and Contracts..........$ 344,300
Cost of Sales.........................$ 6,245,000
Repayment of Prior Years
Appropriations......................$ 84,000
Capital Outlay........................$_____391,700
Total Funds Budgeted....j.............$ 11,050,230
State Funds Budgeted..................$ -0-
62
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Positions Budgeted 83
Authorized Motor Vehicles 19
E. Budget Unit: Division of Probations......$ 30,948,726
Operations Budget:
Personal Services................ ....$ 30,584,483
Regular Operating Expenses................$ 898,670
Travel............................... $ 530,204
Motor Vehicle Equipment
Purchases................1.....i..;.....$ 19,000
Publications and Printing.................$ 90,950
Equipment Purchases.......................... 326,738
Computer Charges..................;........$ -0-
Real Estate Rentals.......................... 881,061
Telecommunications................!........$ 452,350
Utilities.............................. $ 307,002
Per Diem, Fees and Contracts..............$ 12,000
Capital Outlay........................... $____200,800
Total Funds Budgeted......................$ 34,303,258
State Funds Budgeted......................$ 30,948,726
Total Positions Budgeted 1,307
Authorized Motor Vehicles 122
Division of Probations Functional Budgets
Pos. Total Funds State Funds
Probation
Administration
Probation Field
Operations
Diversion Centers
Undistributed
Total
24 $ 750,485 $ 620,485
1,071 $ 27,461,887 $ 25,027,355
212 $ 6,090,886 $ 5,300,886
___gjHQgi $
0 $
-0-
1,307 $ 34,303,258 $ 30,948,726
Section 15. Department of Defense.
Budget Unit: Department of Defense...$ 4,055,859
GEORGIA LAWS 1986 SESSION
63
Operations Budget:
Personal Services................ ...$ 5,797,865
Regular Operating Expenses............$ 1,715,422
Travel...............................$ 61,820
Motor Vehicle Equipment
Purchases.................;........$ 16,800
Publications and Printing...:.... ...$ 35,167
Equipment Purchases...................$ 249,942
Computer Charges............... ....$ 32,802
Real Estate Rentals...................$ 6,160
Telecommunications....................$ 78,058
Per Diem, Fees and Contracts..........$ 652,351
Utilities.............................$ 1,543,065
Grants to Locals -
EMA (P&A) M/S..................... $ 1,160,025
Grants - Others.......................$ 337,782
Georgia Military Institute Grant......$ 18,000
Civil Air Patrol Contract.............$ 42,000
Capital Outlay...................... $ 14,026
Grants to Armories....................$ 477,500
Repairs and Renovations...............$_____302,563
Total Funds Budgeted................ $ 12,541,348
State Funds Budgeted..................$ 4,055,859
Total Positions Budgeted 228
Authorized Motor Vehicles 20
Department of Defense Functional Budgets
Pos. Total Funds State Funds
Office of the
Adjutant General 22 $ 2,099,654 $ 869,623
Georgia Emergency
Management Agency 39 $ 2,310,442 $ 814,287
Georgia Air
National Guard 74 $ 2,762,104 $ 362,398
Georgia Army
National Guard 93 $ 5,369,148 $ 2,009,551
64
GENERAL ACTS AND RESOLUTIONS, VOL. I
Undistributed
Total
_0 $___________4L $
228 $ 12,541,348 $
________-0-
4,055,859
Section 16. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education.......................$ 1,868,482,466
Operations:
Personal Services......................$ 31,173,921
Regular Operating Expenses..............$ 3,191,938
Travel.................................$ 983,646
Motor Vehicle Equipment
Purchases..................:.........$ 8,468
Publications and Printing...............$ 621,578
Equipment Purchases.....................$ 329,582
Computer Charges........................$ 2,826,697
Real Estate Rentals....................$ 1,974,488
Telecommunications......................$ 641,528
Per Diem, Fees and Contracts............$ 9,734,443
Utilities............................ $ 1,061,250
Capital Outlay..........................$ 20,000
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a)....................... $ 782,051,516
Salaries of Instructional
Personnel Code Section
20-2-152.......................... $ 132,387,138
Salaries of Instructional
Personnel Code Section
20-2-153....................... ...$ 60,914,105
Salaries of Student
Supportive Personnel................$ 33,938,912
Salaries of Administrative
and Supervisory
Personnel...........................$ 87,736,245
Special Education
Leadership Personnel................$ 4,052,242
Instructional Media................. $ 21,460,056
GEORGIA LAWS 1986 SESSION
65
Instructional Equipment.............$ 717,192
Maintenance and Operation............$ 106,576,904
Sick and Personal Leave..............$ 5,960,846
Travel............................. $ 1,051,882
Pupil Transportation...................$ 90,004,476
Isolated Schools..........*...........$ 673,600
Non-APEG Grants:
Education of Children of
Low-Income Families.........:.....$ 78,364,380
Teacher Retirement.................. $ 156,776,992
Instructional Services for
the Handicapped....................$ 22,688,125
Preparation of Professional
Personnel in Education
of Handicapped Children.....j.....$ -0-
Tuition for the Multi-
handicapped ................~.......$ 1,472,504
Severely Emotionally
Disturbed........................ $ 20,196,850
Compensatory Education....:..........$ 18,601,401
School Lunch (Fed.)..................$ 110,667,400
School Lunch (State).................$ 19,551,543
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.,.................. $ 4,905,626
Superintendents Salaries........... $ 6,207,277
High School Program..................$ 34,684,229
Education Technology
Grants.............................$ 1,000,000
Governors Scholarship...............$ 250,000
Special Projects.....................$ 609,700
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
66
GENERAL ACTS AND RESOLUTIONS, VOL. I
Talking Book Centers_____________ $ 674,405
Public Library M & O.................$ 2,985,849
Public Library Construction....>.....$ -0-
Instructional Aides..................$ 20,872,920
Teacher Health Insurance.............$ 48,200,227
Health Insurance - Non
Certificated Personnel.............$ 21,624,000
Teacher Health Insurance -
Retired Teachers...................$ 7,807,000
Transition Program For
Refugee Children................. $ 206,771
Grants to Local School
Systems for Educational
Purposes...........................$ 78,000,000
Title III - Math/Science
Grants.............................$ 1,097,617
Local School Systems
Computer Equipment.................$ 10,730,000
Salaries of Extended
Pre-School Personnel...............$ -0-
Local School Construction............$ 41,475,840
Child Care Lunch
Program (Federal)..................$ 13,500,000
Local School
Construction (Asbestos)............$ -0-
Chapter II - Block Grant
Flow Through.........................$ 8,702,656
Total Funds Budgeted....................$2,138,639,954
Indirect DO AS Services
Funding..............................$ 340,000
State Funds Budgeted....................$1,868,482,466
Total Positions Authorized 1,113
Authorized Motor Vehicles 56
Education Functional Budgets
Instructional
Services
Governors Honors
Program
Pos. Total Funds State Funds
159 $ 6,967,886 $ 4,138,973
2 $ 806,807 $ 791,807
GEORGIA LAWS 1986 SESSION
67
Vocational Education 73 $ 4,296,685 $ 2,303,688
Public Library
Services
State Administration
Administrative
Services
Planning and
Development
Professional Standards
Commission
Vocational Advisory
Council
Professional Practices
Commission
Georgia Academy for
the Blind
Georgia School for
the Deaf
Atlanta Area School
for the Deaf
Local Programs
Undistributed
Total
42 $ 1,721,341 $ 778,574
47 $ 6,041,298 $ 4,592,677
202 $ 8,630,737 $ 5,334,051
103 $ 9,676,174 $ 8,842,392
3 $ 177,750 $ 177,750
2 $ 200,000 $
-0-
7 $ 448,479 $ 448,479
147 $ 3,586,126 $ 3,278,015
223 $ 6,644,501 $ 6,293,974
103 $ 3,369,755 $ 3,104,070
0 $2,086,072,415 $1,828,398,016
0 $ -0- $__________-0-
1,113 $2,138,639,954 $1,868,482,466
B. Budget Unit: Board of Postsecondary
Vocational Education..............$ 74,636,618
Board of Postsecondary Vocational
Education Budget:
Personal Services.....................$ 7,067,082
68
GENERAL ACTS AND RESOLUTIONS, VOL. I
Regular Operating Expenses............$ 1,376,718
Travel................................$ 108,699
Motor Vehicle Equipment Purchases.....$ 38,500
Publications and Printing.............$ 40,062
Equipment Purchases...................$ 884,689
Computer Charges......................$ 140,708
Real Estate Rentals...................$ 150,328
Telecommunications....................$ 81,432
Per Diem, Fees and Contracts..........$ 767,175
Utilities.............................$ 913,500
Area School Construction..............$ 1,095,300
Area-School Program...................$ 68,212,873
Junior College Program................$ 2,451,521
Quick Start.......................3,275,500
Capital Outlay........................$______40,200
Total Funds Budgeted..................$ 86,644,287
State Funds Budgeted..................$ 74,636,618
Total Positions Budgeted 246
Board of Post Secondary Functional Budgets
Pos. Total Funds State Funds
State Operations
North Georgia
Vocational-
Technical School
South Georgia
Vocational-
Technical School
Undistributed
Total
46 $ 77,911,345 $ 67,915,097
107 $ 4,728,654 $ 3,552,704
93 $ 4,004,288 $ 3,168,817
0 $_________ -0- $ -0-
246 $ 86,644,287 $ 74,636,618
Section 17. Employees Retirement
System.
Budget Unit: Employees Retirement
System...........................$ -0-
Employees Retirement System Budget:
Personal Services....................$ 678,232
GEORGIA LAWS 1986 SESSION 69
Regular Operating Expenses............$ 11,675
Travel................................$ 7,500
Motor Vehicle Equipment Purchases....$ -0-
Publications and Printing.........^..$ 21,150
Equipment Purchases...................$ 3,100
Computer Charges......................$ 155,119
Real Estate Rentals...................$ 74,046
Telecommunications....................$ 11,779
Per Diem, Fees and Contracts..........$ 538,500
Postage...............................$ 65,000
Benefits to Retirees..................$ -0-
Employer Contribution.................$_________-0-
Total Funds Budgeted..................$ 1,566,101
State Funds Budgeted..................$ -0-
Total Positions Budgeted 27
Authorized Motor Vehicles 1
Section 18. Forestry Commission.
Budget Unit: Forestry Commission..........$ 29,327,452
State Operations Budget:
Personal Services.....................$ 21,790,319
Regular Operating Expenses............$ 5,573,378
Travel................................$ 130,113
Motor Vehicle Equipment
Purchases...........................$ 1,784,351
Publications and Printing.............$ 86,559
Equipment Purchases................. $ 2,472,223
Computer Charges......................$ 63,738
Real Estate Rentals.................. $ 18,211
Telecommunications.................. $ 575,055
Per Diem, Fees and Contracts..........$ 160,871
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........................$_____300,000
Total Funds Budgeted..................$ 33,688,400
State Funds Budgeted................ $ 29,327,452
Total Positions Budgeted 880
Authorized Motor Vehicles 763
70
GENERAL ACTS AND RESOLUTIONS, VOL. I
Forestry Commission Functional Budgets
Reforestation
Field Services
Wood Energy
General Administration
and Support
Undistributed
Total
Pos. Total Funds State Funds
55 $ 3,723,075 $ 1,567,175
794 $ 28,011,443 $ 25,814,395
1 $ 93,582 $ 93,582
30 $ 1,860,300 $ 1,852,300
____0 $__________-0- $ -0-
880 $ 33,688,400 $ 29,327,452
Section 19. Georgia Bureau of
Investigation.
Budget Unit: Georgia Bureau
of Investigation..........1 .....$ 25,420,415
Operations Budget:
Personal Services......................$ 16,779,062
Regular Operating Expenses.............$ 1,665,906
Travel.................................$ 525,000
Motor Vehicle Equipment
Purchases.............................. 1,050,000
Publications and Printing..............$ 90,785
Equipment Purchases....................$ 838,370
Computer Charges..................... $ 2,510,363
Real Estate Rentals........................1,446,807
Telecommunications.....................$ 1,219,524
Per Diem, Fees and Contracts...........$ 30,710
Evidence Purchased.....................$ 380,000
Utilities..............................$ 89,966
Postage................................$ 69,190
Capital Outlay.........................$ 124,732
Total Funds Budgeted...................$ 26,820,415
Indirect DO AS Funding.................$ 1,400,000
Total State Funds Budgeted.............$ 25,420,415
Total Positions Budgeted 507
Authorized Motor Vehicles 320
GEORGIA LAWS 1986 SESSION
71
Georgia Bureau of Investigation Functional Budgets
Pos. Total Funds State Funds
Administration
Drug Enforcement
Investigative
Forensic Sciences
Georgia Crime
Information Center
Undistributed
Total
23 $ 2,507,769 $ 2,507,769
82 $ 4,930,203 $ 4,930,203
206 $ 9,126,631 $ 9,126,631
93 $ 4,218,601 $ 4,218,601
103 $ 6,037,211 $ 4,637,211
0 $
-0- $
-0-
507 $ 26,820,415 $ 25,420,415
Section 20. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission...............$ -0-
Departmental Operations Budget:
Personal Services..................... $ 905,224
Regular Operating Expenses..............$ 29,275
Travel.................I.......i........$ 9,000
Motor Vehicle Equipment Purchases.......$ -0-
Publications and Printing........ .....$ 1,200
Equipment Purchases................2,325
Computer Charges.................... $ 13,238
Real Estate Rentals....i............_...$ 86,130
Telecommunications.................. $ 11,100
Per Diem, Fees and Contracts............$______110,000
Total Funds Budgeted................... $ 1,167,492
Total Expenditures Authorized...........$ 1,167,492
State Funds Budgeted.............!......$ -0-
Total Positions Budgeted 21
72
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 21. Office of the Governor.
A. Budget Unit: Governors Office...................$ 5,850,981
1. Governors Office Budget:
Cost of Operations..............................$ 2,253,561
Mansion Allowance..............................:$ 40,000
Governors Emergency Fund.......................$ 2,862,474
Intern Stipends and Travel......................$_____130,000
Total Funds Budgeted............................$ 5,286,035
State Funds Budgeted............................$ 5,286,035
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.............................$ 56,900
Telecommunications..............................$ 11,740
Per Diem, Fees and Contracts....................$______59,750
Total Funds Budgeted............................$ 624,946
State Funds Budgeted........................... $ 564,946
Total Positions Budgeted........................$ 15
Budget Unit Object Classes:
Cost of Operations............................ $ 2,253,561
Mansion Allowance......................................40,000
Governors Emergency Fund..........2,862,474
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.....:..:.....!.!.....;.....$ 41-
Computer Charges..:........................... $ -0-
Real Estate Rentals.............!f!........!.........$ 56,900
Telecommunications............................ $ 11,740
Per Diem, Fees and Contracts..I.................$ 59,750
Total Positions Budgeted 15
Authorized Motor Vehicles 0
GEORGIA LAWS 1986 SESSION
73
B. Budget Unit: Office of Planning
and Budget.........................$ 3,668,539
Office of Planning and
Budget Budget:
Personal Services.................... $ 3,105,917
Regular Operating Expenses............$ 93,205
Travel................................$ 68,000
Motor Vehicle Equipment Purchases....$ -0-
Publications and Printing.............$ 35,360
Equipment Purchases...................$ 5,000
Computer Charges......................$ 135,500
Real Estate Rentals...................$ 190,840
Telecommunications....................$ 55,000
Per Diem, Fees and Contracts..........$_____218,500
Total Funds Budgeted..................$ 3,907,322
State Funds Budgeted..................$ 3,668,539
Total Positions Budgeted 74
Authorized Motor Vehicles 0
C. Budget Unit: Units Attached for
Administrative
Purposes Only......................$ 4,986,720
Attached Units Budget:
Personal Services.....................$ 2,936,006
Regular Operating Expenses............$ 129,660
Travel........................... $ 90,834
Motor Vehicle Equipment
Purchases .........u................$ 2,500
Publications and Printing.............$ 116,738
Equipment Purchases...................$ 16,370
Computer Charges......................$ 45,846
Real Estate Rentals..&................$ 250,035
Telecommunications................... $ 143,585
Per Diem, Fees and Contracts..........$ 5,617,448
Art Grants - State Funds..............$ 1,809,971
Art Grants - Federal Funds............$ 438,045
Art Grants - Donations.............. $ 42,000
Total Funds Budgeted.....................11,639,038
State Funds Budgeted..................$ 4,986,720
Total Positions Budgeted 93
Authorized Motor Vehicles 0
74
GENERAL ACTS AND RESOLUTIONS, VOL. I
Attached Units Functional Budgets
Pos.
Council for the Arts 13 $
Office of Consumer
Affairs 45 $
State Energy Office 17 $
Governors Committee
on Post-Secondary
Education 3 $
Consumers Utility
Counsel 9 $
Criminal Justice
Coordinating Council 6 $
Undistributed 0 $_
Total 93 $
Total Funds State Funds
2,772,011 $ 2,200,588
1,822,429 $ 1,629,429
6,159,355 $ 271,460
152,292 $ 152,292
418,894 $ 418,894
314,057 $ 314,057
________-fr $ -0-
11,639,038 $ 4,986,720
Section 22. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities......................$ 6,800,000
Grants to Counties.......................$ 2,600,000
Grants to Municipalities............... $ 4,200,000
Total Funds Budgeted.....................$ 6,800,000
State Funds Budgeted................... $ 6,800,000
Section 23. Department of Human
Resources.
A. Budget Unit: Departmental
Operations......;...........p...$
308,766,537
GEORGIA LAWS 1986 SESSION 75
1. General Administration and
Support Budget:
Personal Services.....................$ 30,208,228
Regular Operating Expenses.............$ 1,243,555
Travel................................$ 908,137
Motor Vehicle Equipment
Purchases ...........................$ -0-
Publications and Printing..............$ 190,780
Equipment Purchases....................$ 204,530
Computer Charges.........................$ 2,492,978
Real Estate Rentals....................$ 3,581,614
Telecommunications.....................$ 621,701
Per Diem, Fees and Contracts..........$ 9,893,231
Utilities...,..........................$ 180,100
Postage....!......................... $ 663,580
Capital Outlay.........................$ 70,000
Menninger Group Homes................ $ 387,000
Benefits for Child Care................$ 1,349,160
Contract - Georgia
Advocacy Office, Inc..................$_____215,000
Total Funds Budgeted...................$ 52,209,594
Indirect DO AS Services Funding........$ 638,300
Indirect GBA Funding...................$ -0-
Agency Funds...........................$ 26,955,849
Social Services
Block Grant Funds.....................$ 1,655,800
State Funds Budgeted...................$ 22,959,645
Total Positions Budgeted 982
Authorized Motor Vehicles 7
General Administration and Support Functional Budgets
Pos. Total Funds State Funds
Commissioners Office 14 $ 698,574 $ 698,574
Administrative Appeals 25 $ 923,207 $ 923,207
Administrative Policy,
Coordination, and
5 $ 244,535 $ 244,535
47 $ 5,451,771 $ 5,388,593
Personnel
76
GENERAL ACTS AND RESOLUTIONS, VOL. I
Support Services
Indirect Cost
Facilities Management
Public Affairs
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
Community Services
Regulatory Services -
Program Direction
and Support
Child Care Licensing
Laboratory Improvement
59 $ 2,594,138 $
0 $ -0- $
11 $ 4,008,002 $
12 $ 381,328 $
9 $ 433,569 $
41 $ 1,448,486 $
148 $ 4,162,926 $
47 $ 1,620,838 $
0 $ 284,600 $
4 $ 184,046 $
0 $ 1,736,160 $
7 $ 249,049 $
3 $ 110,448 $
0 $ 13,500 $
9 $ 9,214,493 $
19 $ 653,272 $
58 $ 1,771,162 $
18 $ 649,279 $
2,327,866
(5,405,300)
2,868,555
381,328
433,569
1,448,486
3,962,926
1,620,838
284,600
184,046
1,736,160
-0-
110,448
1,350
-0-
579,296
1,754,719
475,873
GEORGIA LAWS 1986 SESSION
77
Health Care Facilities
Regulation
Compliance Monitoring
Radiological Health
Fraud and Abuse
Child Support Recovery
Undistributed
Total
63 $ 2,309,531 $
9 $ 311,235 $
21 $ 626,164 $
52 $ 2,640,916 $
301 $ 9,488,365 $
0 $_________-0- $
982 $ 52,209,594 $
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............$
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..............$
603,582
311,235
465,999
245,513
1,313,647
-0-
22,959,645
32,114,570
44,782,596
1,002,068
10,000
298,575
190,398
391,200
605,449
563,863
14,192,798
-0-
86,375
517,572
4,002,400
1.767.000
800,000
4,585,688
505,000
2.253.000
250,000
78
GENERAL ACTS AND RESOLUTIONS, VOL. I
Benefits for Medically Indigent
High-Risk Pregnant Women and
Their Infants.........................$ 4,193,000
Grant to Grady Hospital for
Cystic Fibrosis Program...............$ 42,000
Contract with Emory University
for Cancer Research..............!....$ 117,000
Contract with Auditory
Educational Clinic....................$ 89,000
Grant-In-Aid to Counties................$ 43,979,754
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.................. $ 162,273,336
Indirect DOAS Services Funding..........$ 549,718
Agency Funds.......................... $ 73,811,674
State Funds Budgeted................... $ 87,911,944
Total Positions Budgeted 1,105
Authorized Motor Vehicles 6
Directors Office
Employees Health
Public Health Functional Budgets
Pos. Total Funds State Funds
8 $ 665,328 $ 468,103
295,547 $ 260,547
Health Program
Management
Vital Records
Health Services Research
8 $
29 $
62 $
12 $
873,254 $
1,386,175 $
559,532 $
788,254
1,323,892
336,714
GEORGIA LAWS 1986 SESSION
Primary Health Care
Stroke and Heart
Attack Prevention
Epidemiology
Immunization
Sexually Transmitted
Diseases
Community Tuberculosis
Center
Family Health
Management
Infant and Child Health
Maternal Health -
Perinatal
Family Planning
Malnutrition
Dental Health
Childrens
Medical Services
Chronic Disease
Diabetes
Cancer Control
Environmental Health
Laboratory Services
Emergency Health
15 $ 620,148 $
23 $ 1,640,611 $
19 $ 1,157,819 $
10 $ 412,514 $
33 $ 1,438,920 $
26 $ 1,267,367 $
22 $ 7,107,569 $
15 $ 6,609,936 $
4 $ 224,948 $
180 $ 8,225,740 $
34 $ 48,813,625 $
21 $ 1,414,371 $
84 $ 8,197,829 $
14 $ 1,335,260 $
4 $ 455,502 $
8 $ 3,105,780 $
9 $ 903,496 $
118 $ 3,857,118 $
22 $ 2,301,967 $
79
620,148
1,110,611
581,043
-0-
369,226
1,145,037
1,928,505
6,480,421
-0-
3,311,589
-0-
1,204,196
5,425,214
1,335,260
361,671
3,105,780
364,724
3,722,118
1,241,467
80
GENERAL ACTS AND RESOLUTIONS, VOL. I
Minimum Foundation
Newborn Follow Up Care
Sickle Cell, Vision
and Hearing
High-Risk Pregnant
Women and Infants
Grant in Aid to Counties
Teenage Pregnancy
Prevention
Community Health
Management
Community Care
Undistributed __
Total
191 $ 8,237,708 $
22 $ 648,279 $
15 $ 1,063,797 $
19 $ 5,460,755 $
0 $ 40,391,279 $
0 $ 257,500 $
8 $ 1,272,658 $
70 $ 2,071,004 $
____0 $___________-0- $
1,105 $ 162,273,336 $
3. Mental Health - Program
Direction and Support Budget:
Personal Services.....................$
Regular Operating Expenses............$
Travel................................$
Motor Vehicle Equipment Purchases.....$
Publications and Printing.............$
Equipment Purchases...................$
Computer Charges......................$
Real Estate Rentals...................$
Telecommunications....................$
Per Diem, Fees and Contracts..........$
Utilities.............................$
Postage...............................$
Contract with
Housing Alternatives................$_
Total Funds Budgeted..................$
Social Services Block Grant Funds.....$
Indirect DO AS Services Funding.......$
Agency Funds..........................$
8,108,033
465,329
1,063,797
5,460,755
35,493,324
257,500
716,112
862,574
-0-
87,911,944
4,598,054
118,525
124,450
-0-
61,300
8,500
1,372,193
-0-
249,000
210,150
-0-
750
70.000
6,812,922
15.000
779,100
462,316
GEORGIA LAWS 1986 SESSION
81
State Funds Budgeted...................$ 5,556,506
Total Positions Budgeted 127
Mental Health - Program Direction and Support
Functional Budgets
Administration
Indirect Cost
MH/MR Advisory
Council
Undistributed
Pos. Total Funds State Funds
126 $ 6,770,196 $ 5,809,320
0 $ -0- $ (295,540)
1 $ 42,726 $ 42,726
0 $____________-0- $ -0-
Total 127 $ 6,812,922 $ 5,556,506
4. Youth Services - Program
Direction and Support:
Personal Services......................$ 1,411,545
Regular Operating Expenses.............$ 31,682
Travel.................................$ 30,650
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing..............$ 6,200
Equipment Purchases....................$ 4,190
Computer Charges.......................$ 75,000
Real Estate Rentals....................$ -0-
Telecommunications.....................$ 37,860
Per Diem, Fees and Contracts...........$ 3,500
Utilities..............................$ -0-
Postage............................... $ -0-
Benefits for Child Care................$_________-0-
Total Funds Budgeted...................$ 1,600,627
Indirect DO AS Services Funding........$ -0-
Agency Funds...........................$ -0-
State Funds Budgeted................. $ 1,600,627
Total Positions Budgeted 40
Authorized Motor Vehicles 0
5. Services to the Aged Budget:
Personal Services......................$ 1,973,651
82
GENERAL ACTS AND RESOLUTIONS, VOL. I
Regular Operating Expenses.............. $ 46,980
Travel..................v...........,........^......$ 56,300
Motor Vehicle Equipment
Purchases............................ $ -0-
Publications and Printing.................$ 27,000
Equipment Purchases.......................$ 2,860
Computer Charges........................ $ 210,000
Real Estate Rentals.......................$ 3,600
Telecommunications...r....................$ 52,641
Per Diem, Fees and Contracts..............$ 23,239,428
Utilities..........................................$ -0-
Payments to DMA...........................$ 4,782,801
Postage...................................$___________920
Total Funds Budgeted......................$ 30,396,181
Social Services
Block Grant Funds.......................$ 2,998,100
Agency Funds..............................$ 18,319,711
State Funds Budgeted......................$ 9,078,370
Total Positions Budgeted 64
Authorized Motor Vehicles 224
Services to the Aged Functional Budgets
Pos. Total Funds State Funds
Administration and
Planning
Aging Services
64 $ 2,837,737 $ 1,563,817
0 $ 22,775,643 $ 2,731,752
Alternative Health
Services
0 $ 4,782,801 $ 4,782,801
Undistributed
Total
_0 $____________-0: $____________-0z
64 $ 30,396,181 $ 9,078,370
6. Rehabilitation Services Budget:
Personal Services................ $ 24,145,180
Regular Operating Expenses...........$ 1,179,992
Travel.....................615,090
Motor Vehicle Equipment
Purchases..........................$ 65,736
GEORGIA LAWS 1986 SESSION 83
Publications and Printing...............$ 85,310
Equipment Purchases.....................$ 414,153
Computer Charges........................$ 926,350
Real Estate Rentals....................$ 1,006,495
Telecommunications......................$ 595,189
Per Diem, Fees and Contracts............$ 1,431,675
Utilities...............................$ 303,250
Capital Outlay......................... $ 175,000
Postage.................................$ 92,050
Institutional Repairs
and Maintenance.......................$ 349,900
Grants for Nephrology Centers...........$ 245,000
Contract with Vocational
Rehabilitation Community
Facilities.......................... $ 4,429,000
Contract for Epilepsy...................$ 67,000
Case Services......................... $ 9,487,500
E.S.R.P. Case Services.................$ 50,000
Contract with the Affirmative
Industries.......................... $ 110,000
Contract with
RCW Industries, Inc...................$_____146,000
Total Funds Budgeted...................$ 45,919,870
Indirect DO AS Services Funding.........$ 50,000
Agency Funds............................$ 32,039,665
State Funds Budgeted....................$ 13,830,205
Total Positions Budgeted 809
Authorized Motor Vehicles 24
Rehabilitation Services Functional Budgets
Pos. Total Funds State Funds
Program Direction
and Support 50 $
Grants Management 2 $
Atlanta Rehabilitation
Center 71 $
Rehabilitation Center for
the Deaf - Cave Spring 17 $
2,901,225 $ 1,237,014
561,381 $ 464,377
2,318,039 $ 467,033
578,308 $ 116,289
84
GENERAL ACTS AND RESOLUTIONS, VOL. I
Central Rehabilitation
Center
Georgia Vocational
Adjustment Center -
Gracewood
Ireland Rehabilitation
Center
Rome Rehabilitation
Center
J. F. Kennedy Center
Production Workshop
District Field Services
Independent Living
Sheltered Employment
Community Facilities
Bobby Dodd Workshop
Undistributed
Total
18 $ 600,717
17 $ 416,752
13 $ 380,128
6 $ 330,612
15 $ 407,750
1 $ 1,055,031
577 $ 30,489,380
7 $ 297,592
15 $ 1,153,955
0 $ 4,091,500
0 $ 337,500
0 $___________
809 $ 45,919,870
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.......
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
.$
.$
.$
.$
$
.$
.$
120,143
83,350
76,590
66,420
81,310
-0-
6,038,867
147,592
502,220
4,091,500
337,500
________-0;
13,830,205
10,501,964
1,724,090
58.000
13,500
15.000
96,653
178,940
10,800
163,885
GEORGIA LAWS 1986 SESSION
85
Per Diem, Fees and Contracts..............$ 1,453,000
Utilities. .*........................... $ 550,000
Postage...............................b..$ 15,500
Case Services.............................$ 25,000
Capital Outlay.......................... $ -0-
Institutional Repairs
and Maintentance........................$______152,000
Total Funds Budgeted......................$ 14,958,332
Indirect DOAS Services Funding............$ 50,000
Agency Funds..............................$ 11,092,503
State Funds Budgeted......................$ 3,815,829
Total Positions Budgeted 434
Authorized Motor Vehicles 24
Roosevelt Warm Springs Rehabilitation Institute
Functional Budgets
Pos. Total Funds State Funds
Administration
Rehabilitation Services
Undistributed
Total
145 $
289 $
0 $
5,783,970 $
9,174,362 $
-0- $
2,750,536
1,065,293
-0-
434 $ 14,958,332 $ 3,815,829
8. Georgia Factory for the
Blind Budget:
Personal Services................ ....$ 4,122,884
Regular Operating Expenses............$ 7,710,870
Travel.............................. $ 16,500
Motor Vehicle
Equipment Purchases.................$ 82,000
Publications and Printing.............$ 8,500
Equipment Purchases................. $ 318,500
Computer Charges..................... $ 66,900
Real Estate Rentals...................$ 61,500
Telecommunications....................$ 28,353
Per Diem, Fees and Contracts..........$ 44,200
Utilities........................... $ 125,000
Postage...............................$ 6,000
Capital Outlay.................. ,...$_________-0-
86
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted...................$ 12,591,207
Agency Funds...........................$ 12,091,247
State Funds Budgeted...................$ 499,960
Total Positions Budgeted 30
Authorized Motor Vehicles 14
Georgia Factory for the Blind Functional Budgets
Operations
Supervision
Pos. Total Funds State Funds
12 $ 12,090,518 $ -0-
18 $ 500,689 $ 499,960
Undistributed
0 $
-0- $ -0-
Total
30 $ 12,591,207 $
499,960
9. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services.....................$ 11,318,806
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..................$ 25,734,950
Agency Funds......................... $ 25,734,950
State Funds Budgeted................:_$ -0-
Total Positions Budgeted 425
I
10. Family and Children
Services Budget:
Personal Services......................$ 11,156,152
Regular Operating Expenses...............$ 15,926,964




GEORGIA LAWS 1986 SESSION
87
Travel..................................$ 462,000
Motor Vehicle Equipment
Purchases.............................$ -0-
Publications and Printing...............$ 786,130
Equipment Purchases.....................$ 12,160
Computer Charges...................i...$ 10,724,605
Real Estate Rentals.....................$ 202,350
Per Diem, Fees and Contracts............$ 31,546,163
Telecommunications.............. .;....$ 874,200
U tilities. |......................... $ 8,200
Postage.................................$ 942,385
AFDC Benefits.:....................... $ 213,211,869
Grants to County DFACS -
Operations............................$ 134,711,282
WIN Benefits............................$ 479,964
Benefits for Child Care.................$ 18,435,108
SSI - Supplement Benefits...............$_______1,500
Total Funds Budgeted....................$ 439,481,032
Agency Funds............................$ 239,388,934
Indirect DO AS Services Funding.........$ 2,339,882
Social Services
Block Grant Funds.....................$ 34,238,765
State Funds Budgeted....................$ 163,513,451
Total Positions Budgeted 359
Authorized Motor Vehicles 112
Family and Children Services Functional Budgets
Refugee Benefits
AFDC Payments
SSI - Supplement
Benefits
Energy Benefits
County DFACS
Operations -
Social Services
County DFACS
Operations -
Eligibility
Pos. Total Funds
0 $ 979,000
0 $ 213,211,869
0 $ 1,500
0 $ 15,201,469
0 $ 42,672,465
0 $ 56,311,796
State Funds
$ -0-
$ 71,640,841
$ 1,500
$ -0-
$ 19,893,916
$ 28,020,411
88
GENERAL ACTS AND RESOLUTIONS, VOL. I
County DFACS
Operations -
Joint and
Administration
Food Stamp Issuance
Grants to Fulton County
for 24-hour Emergency
Services
Directors Office
Administration
and Management
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
0 $ 35,501,980 $
0 $ 2,312,000 $
0 $ 225,041 $
6 $ 506,701 $
118 $ 4,788,542 $
84 $ 3,214,766 $
75 $ 7,094,149 $
50 $ 12,853,156 $
26 $ 1,008,623 $
0 $ -0- $
0 $ 4,399,242 $
0 $ 658,000 $
0 $ 14,618,592 $
0 $ 2,070,886 $
0 $ 324,725 $
0 $ 1,080,030 $
0 $ 28,600 $
17,171,483
-0-
225,041
506,701
3,459,665
3,214,766
3,678,989
5,181,635
1,008,623
(7,204,467)
439,924
433,000
9,109,491
1,397,295
95,432
1,047,705
28,600
GEORGIA LAWS 1986 SESSION
89
Day Care
Psychiatric,
Psychological and
Speech Therapy
Maternity Care
Return of Runaways -
County
Home Management -
Contracts
Outreach - Contracts
Special Projects
Undistributed
Total
0 $ 19,342,100
0 $ 130,000
0 $ 50,000
0 $ 7,000
0 $ 166,000
0 $ 684,300
0 $ 38,500
___0 $__________
359 $ 439,481,032
3
*
5
$
$
$
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.............$
3,719,948
128,500
50,000
7,000
37,816
181,136
38,500
-0-
163,513,451
131,551,034
73,128,132
3,351,293
171,236
1,522,786
1,273,754
16,857,771
6,132,735
3,657,251
83,049,221
1,166,550
2,132,560
245,000
4,002,400
1,767,000
4,585,688
517,572
90
GENERAL ACTS AND RESOLUTIONS, VOL. I
Kidney Disease Benefits....................... $ 505,000
Cancer Control Benefits.........................$ 2,253,000
Benefits for Medically Indigent
High-Risk Pregnant Women and
Their Infants................................ $ 4,193,000
Family Planning Benefits........................$ 301,530
Benefits for Midwifery Program..................$ 800,000
Grant-In-Aid to Counties........................$ 43,979,754
Work Incentive Benefits....................... $ 479,964
Benefits for Child Care.........................$ 19,784,268
Grants for Nephrology Centers...................$ 245,000
Case Services...................................$ 20,510,700
E.S.R.P. Case Services..........................$ 50,000
SSI-Supplement Benefits.........................$ 1,500
AFDC Benefits...................................$ 213,211,869
Grants to County DFACS -
Operations....................................$ 134,711,282
Contract with Vocational
Rehabilitation Community
Facilities....................................$ 4,429,000
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program............................$ 250,000
Contract with the
Affirmative Industries....... .......$ 110,000
Institutional Repairs
and Maintenance............................. $ 501,900
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..............i.....;.......$ 257,500
Contract - Cancer Research
at Emory.....................p........$ 117,000
Contract - Macon-Bibb County
Hospital Authority..................... $ 4,000,000
GEORGIA LAWS 1986 SESSION
91
Contract with
RCW Industries, Inc............... $ 146,000
Grants to Counties for
Metabolic Disorders
Screening and Testing...i...........$ 45,000
Payments to DMA................... $ 4,782,801
Contract with
Housing Alternatives................$ 70,000
Contract with Auditory
Educational Clinic..................$ 89,000
Total Positions Budgeted 4,375
B. Budget Unit: State Health Planning
and Development....................$ 667,606
State Health Planning
and Development Budget:
Personal Services.....................$ 761,356
Regular Operating Expenses............$ 46,200
Travel................................$ 5,500
Publications and Printing.jj..........$ 2,500
Equipment Purchases...................$ 3,406
Computer Charges.............................44,000
Real Estate Rentals................. $ 86,851
Telecommunications.................. $ 26,500
Per Diem, Fees and Contracts..........$ 102,764
Postage...............................$_______7,600
Total Funds Budgeted................. $ 1,086,677
Indirect DO AS Services Funding....-0-
Agency Funds.................... $ 419,071
State Funds Budgeted................. $ 667,606
Total Positions Budgeted 21
Authorized Motor Vehicles 0
C. Budget Unit: Community Mental
Health
Mental Retardation Youth
Services and
Institutions........................$ 347,132,642
Departmental Operations:
Personal Services.................i...$ 275,313,870
Regular Operating Expenses.............$ 29,032,375
92 GENERAL ACTS AND RESOLUTIONS,
Travel...................................$
Motor Vehicle Equipment
Purchases...............
Publications and Printing.................$
Equipment Purchases............... $
Computer Charges........................ $
Real Estate Rentals...............
Telecommunications......... i..a .. .$
Per Diem, Fees and Contracts..............$
Utilities................................$
Postage............................... $
Capital Outlay............................$
Authority Lease Rentals...................$
Institutional Repairs
and Maintenance..................... $
Grants to County-Owned
Detention Centers.................<... .$
Reserve for Thomasville RYDC.............$
Reserve for Claxton RYDC....,........... $
Drug Abuse Contracts......................$
Day Care Centers for the
Mentally Retarded.................... $
MR Day Care Center Motor
Vehicle Purchases.................. $
Supportive Living Staff...........f...$
Supportive Living Benefits................$
Georgia State Foster
Grandparent/Senior
Companion Program.................... $
Community Mental Health
Center Services....................... $
Project Rescue........................ $
Project ARC..............-............$
Project Friendship........................$
Group Homes for
Autistic Children..................... $
Contract with Clayton County
Board of Education for
Autistic Children.................... $
Uniform Alcoholism Projects...............$
Child Care Benefits.......................$
Community Mental
Retardation Staff..................v.^.$
VOL. I
612,167
641,255
69,907
3,121,225
2,559,352
510,260
2,413,066
10,748,622
15,756,500
232,860
2,707,578
2,679,000
3,042,699
2,318,115
2.367
2.368
1,015,960
58,237,826
2,839,376
1,556,506
7,347,923
562,960
69,214,726
325,390
243,600
266,700
232,123
68,000
2,245,899
16,000
3,646,719
GEORGIA LAWS 1986 SESSION
93
Community Mental Retardation
Residential Services...I...............$ 13,657,537
Lumpkin Area Individual
Living, Inc............................$_______32,346
Total Funds Budgeted......................$ 513,273,177
Agency Funds..............................$ 136,793,606
Indirect DO AS Services Funding...........$ 1,625,000
Social Services
Block Grant Funds......................$ 27,721,929
State Funds Budgeted......................$ 347,132,642
Total Positions Budgeted 12,756/
12,740
Authorized Motor Vehicles 1,555
Community Mental Health/Mental Retardation, Youth
Services and Institutional Functional Budgets
Pos. Total Funds State Funds
Southwestern State
Hospital
Georgia Retardation
Center
Georgia Mental Health
Institute
Georgia Regional
Hospital at Augusta
Northwest Regional
Hospital at Rome
Georgia Regional
Hospital at Atlanta
Central State Hospital
Georgia Regional
Hospital at Savannah
1,099 $ 28,589,929 $
900 $ 25,208,501 $
539 $ 18,146,223 $
504 $ 13,329,645 $
709 $ 20,671,209 $
660 $ 17,584,062 $
3,828 $ 102,311,727 $
510 $ 13,777,889 $
18,211,647
14,417,084
16,301,539
11,999,533
15,768,544
14,378,217
71,766,593
12,090,815
94
GENERAL ACTS AND RESOLUTIONS, VOL. I
Gracewood State School 1,531/
and Hospital
West Central Georgia
Regional Hospital
Regional Youth
Development Centers
State Youth
Development
Centers
Court Services
Community Treatment
Centers
Day Centers
Group Homes
Runaway Investigations
Interstate Compact
Purchased Services
Assessment and
Classification
Outdoor Therapeutic
Program
Mental Health
Community
Assistance
Mental Retardation
Community Assistance
Central Pharmacy
Day Care Centers for the
Mentally Retarded
1,515 $ 39,601,154 $
430 $ 12,021,355 $
489 $ 13,527,678 $
743 $ 19,480,371 $
269 $ 7,583,177 $
73 $ 2,044,578 $
24 $ 731,283 $
19 $ 575,616 $
15 $ 503,956 $
3 $ 89,437 $
16 $ 2,431,374 $
10 $ 313,172 $
50 $ 2,234,120 $
221 $ 6,857,823 $
62 $ 2,292,756 $
3 $ 133,072 $
0 $ 61,077,202 $
23,847,863
10,206,104
13,240,393
18,926,419
7,583,177
2,044,578
731,283
575,616
503,956
89,437
2,379,874
313,172
2,001,295
6,800,923
2,030,256
133,072
27,682,534
GEORGIA LAWS 1986 SESSION
Supportive Living
Georgia State Foster
Grandparent/Senior
Companion Program
Project Rescue
Drug Abuse Contracts
Community Mental
Health
Center Services
Uniform Alcoholism
Projects
Project ARC
Metro Drug Abuse
Centers
Group Homes for Autistic
Children
Project Friendship
Central Laboratory
Community Mental
Retardation Staff
Community Mental
Retardation
Residential Services
Lumpkin Area Individual
Living, Inc.
Contract with Clayton
County Board of
Education
for Autistic Children
0 $
95
8,904,429 $ 4,921,150
0 $ 562,960 $ 562,960
0 $ 325,390 $ 162,390
0 $ 1,015,960 $ 1,015,960
0 $ 69,214,726 $ 31,431,409
0 $ 2,245,899 $ 1,583,492
0 $ 243,600 $ 243,600
43 $ 1,459,200 $ 761,110
0 $ 232,123 $ 232,123
0 $ 266,700 $ 266,700
6 $ 280,279 $ -0-
0 $ 3,646,719 $ 2,627,458
0 $ 13,657,537 $ 9,200,020
0 $ 32,346 $ 32,346
0 $
68,000 $ 68,000
96
GENERAL ACTS AND RESOLUTIONS, VOL. I
Undistributed
0 $
-0-
Total
12,756/ $ 513,279,177
12,740
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..................
Per Diem, Fees and Contracts........
Postage.............................
Local Welcome Center Contracts......
Advertising.........I...........
Cooperative Advertising.............
Georgia Ports Authority -
Authority Lease Rentals............
Georgia Ports Authority -
General Obligation Bond
Payments.......................'..
Historic Chattahoochee
Commission Contract...............
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...............

.$
.$
.$
.$
.$
$
$
$
$
$
$
$
.$
.$
-0-
347,132,642
13,262,996
5,187,474
714,286
314,100
12,720
284,650
27,100
161,260
436,415
161,041
204,150
180,800
165.000
2.945.000
425.000
2.735.000
5,413,213
60,000
25.000
50.000
30.000
-0-
51,500
25.000
GEORGIA LAWS 1986 SESSION
97
Contract - Lanier Regional
Committee.................................. 12,500
Total Funds Budgeted ...................$ 19,621,209
State Funds Budgeted...................$ 13,262,996
Total Positions Budgeted 195
Authorized Motor Vehicles 21
Department of Industry and Trade Functional Budgets
Industry
Research
Tourism Promotional
Tourist Welcome
Centers
Internal Administration
International
Advertising
Undistributed
Pos. Total Funds State Funds
18 $ 812,088 $ 812,088
14 $ 597,579 $ 597,579
27 $ 2,144,020 $ 2,144,020
94 $ 2,427,934 $ 2,282,934
25 $ 9,483,404 $ 3,270,191
17 $ 1,211,184 $ 1,211,184
0 $ 2,945,000 $ 2,945,000
0 $ -0- $ -0-
Total
195 $ 19,621,209 $ 13,262,996
B. Budget Unit: Authorities..............$ -0-
Administration Budget:
Personal Services.....................$ 30,537,506
Regular Operating Expenses............$ 12,869,089
Travel................................$ 524,088
Motor Vehicle Equipment
Purchases...........................$ -0-
Publications and Printing.............$ 154,919
Equipment Purchases...................$ 50,000
Computer Charges......................$ 532,856
Real Estate Rentals...................$ 109,343
Telecommunications....................$ 414,856
98
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts............$ 1,667,740
G.O. Bonds and Lease
Rentals - G.P.A.......................$ 7,233,576
Other Debt Service
Payments - G.P.A.................... $ 820,000
Capital Outlay - Internal
Operations - G.P.A....................$ 4,373,713
Atlanta Convention and
Visitors Bureau - G.W.C.C.............$__________-0-
Total Funds Budgeted....,...............$ 59,287,686
State Funds Budgeted....................$ -0-
Total Positions Budgeted 995
Authorized Motor Vehicles 37
Authorities Functional Budgets
Pos. Total Funds State Funds
Georgia World Congress
Center 215 $ 10,416,126 $
Georgia Ports Authority 780 $ 48,871,560 $
Undistributed 0 $_________-0- $_
Total 995 $ 59,287,686 $
-0-
-0-
-0-
-0-
Section 25. Department of Insurance.
Budget Unit: Office of Insurance
Commissioner.....................$ 7,835,118
Operations Budget:
Personal Services.....1...............$ 7,102,903
Regular Operating Expenses...........$ 366,491
Travel...............................$ 189,900
Motor Vehicle Equipment Purchases....$ 68,400
Publications and Printing............$ 158,716
Equipment Purchases..................$ 129,983
Computer Charges.....................$ 230,339
Real Estate Rentals..................$ 469,325
Telecommunications................. $ 121,012
Per Diem, Fees and Contracts.........$ 31,250
Total Funds Budgeted.................$ 8,868,319
GEORGIA LAWS 1986 SESSION
99
State Funds Budgeted............................$ 7,835,118
Total Positions Budgeted 254
Authorized Motor Vehicles 57
Department of Insurance Functional Budgets
Internal Administration
Insurance Regulation
Industrial Loans
Regulation
Information and
Enforcement
Fire Safety and Mobile
Home Regulations
Undistributed
Total
Pos. Total Funds State Funds
22 $ 1,265,157 $ 1,265,157
1,968,545 $
56 $
13 $
45 $
118 $
0 $
516,234 $
1,431,518 $
3,686,865 $
-0- $
1,862,551
516,234
1,431,518
2,759,658
-0-
254 $ 8,868,319 $ 7,835,118
Section 26. Department of Labor.
Budget Unit: Department of Labor..........$ 5,527,676
State Operations:
Personal Services................... $ 56,977,529
Regular Operating Expenses............$ 2,551,300
Travel................................$ 1,356,395
Motor Vehicle Equipment
Purchases......................... $ 22,500
Publications and Printing.............$ 101,766
Equipment Purchases...................$ 316,002
Computer Charges.................. ..$ 4,088,618
Real Estate Rentals...................$ 2,194,591
Telecommunications....................$ 1,120,525
Per Diem, Fees and
Contracts (JTPA).................. $ 56,387,955
Per Diem, Fees and Contracts....c.....$ 1,744,151
Capital Outlay...................... $ 600,000
100
GENERAL ACTS AND RESOLUTIONS, VOL. I
W.I.N. Grants...........................$ 260,000
Payments to State of Georgia
General Obligation Debt
Sinking Fund..........................$_____400,000
Total Funds Budgeted....................$ 128,121,332
State Funds Budgeted....................$ 5,527,676
Total Positions Budgeted 1,971
Authorized Motor Vehicles 16
Department of Labor Functional Budgets
Executive Offices
Pos. Total Funds State Funds
102 $ 5,271,139 $ 1,279,849
Administrative Services 248 $ 12,501,777 $
U nemploy ment
Insurance
Employment Services
Field Services
Job Training
Partnership
Undistributed
Total
208 $
98 $
0 $
7,571,424 $
4,020,099 $
1,285 $ 45,461,080 $
30 $ 53,295,813 $
-0- $
760,803
4,041
317,347
3,165,636
-0-
-0-
1,971 $ 128,121,332 $ 5,527,676
Section 27. Department of Law.
Budget Unit: Department of Law...........$ 5,992,548
Attorney Generals Office Budget:
Personal Services.................... $ 5,311,702
Regular Operating Expenses....r.......$ 317,912
Travel................................$ 120,950
Motor Vehicle Equipment Purchases...$ -0-
Publications and Printing.............$ 44,491
Equipment Purchases................. $ 12,191
Computer Charges..................... $ 60,000
Real Estate Rentals...................$ 314,607
GEORGIA LAWS 1986 SESSION
101
Telecommunications....................$ 91,982
Per Diem, Fees and Contracts...........$ 45,000
Books for State Library................$ 96,000
Capital Outlay.........................$_________-0-
Total Funds Budgeted...................$ 6,414,835
State Funds Budgeted...................$ 5,992,548
Total Positions Budgeted 122
Authorized Motor Vehicles 1
Section 28. Department of
Medical Assistance.
Budget Unit: Medicaid Services.............$ 271,628,916
Departmental Operations Budget:
Personal Services......................$ 7,223,092
Regular Operating Expenses.............$ 410,600
Travel............................... $ 148,790
Motor Vehicle
Equipment Purchases..................$ 6,500
Publications and Printing............ $ 97,400
Equipment Purchases....................$ 99,380
Computer Charges.......................$ 6,102,356
Real Estate Rentals....................$ 771,620
Telecommunications.....................$ 343,038
Per Diem, Fees and Contracts...........$ 10,177,000
Postage................................$ 150,000
Medicaid Benefits.................. $ 859,500,843
Payments to Counties for
Mental Health........................$ 10,619,200
Audits Contracts.......................$ 1,284,991
Total Funds Budgeted................. $ 896,934,810
State Funds Budgeted...................$ 271,628,916
Total Positions Budgeted 274
Authorized Motor Vehicles 3
Medical Assistance Functional Budgets
Pos. Total Funds State Funds
Commissioners Office 10 $ 644,885 $ 322,443
Program Management 86 $ 12,615,652 $ 1,905,223
Administration 37 $ 2,765,345 $ 1,570,725
102
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operations
Program Integrity
Benefits
Undistributed
Total
53 $ 7,890,371
88 $ 2,898,514
0 $ 870,120,043
0 $ __________
274 $ 896,934,810
$ 2,130,835
$ 1,256,103
$ 264,443,587
$___________4L
$ 271,628,916
Section 29. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration
Agency Assessments.............. $ 6,247,667
Departmental Operations Budget:
Personal Services..........................4,807,511
Regular Operating Expenses............$ 107,327
Travel................................$ 63,545
Motor Vehicle Equipment
Purchases........................-0-
Publications and Printing....I........$ 189,289
Equipment Purchases...................$ 23,810
Computer Charges.................... $ 1,553,842
Real Estate Rentals...................$ 685,737
Telecommunications............ ......$ 101,565
Per Diem, Fees and Contracts..........$ 25,238,224
Postage............................. $ 143,360
Health Insurance Payments.............$ 230,002,649
Total Funds Budgeted................ $ 262,916,859
Agency Assessments.........^.......I..$ 6,247,667
Employee and Employer
Contributions.......................$ 256,637,408
Deferred Compensation.................$ 31,784
Total Positions Budgeted 175
Authorized Motor Vehicles 0
Merit System Functional Budgets
Pos. Total Funds State Funds
Applicant Services
39 $ 1,790,595 $
-0-
GEORGIA LAWS 1986 SESSION
103
Classification and
Compensation
Program Evaluation
and Audit
Employee Training
and Development
Health Insurance
Administration
Health Insurance Claims
Internal Administration
Commissioners Office
Undistributed
Total
19 $ 794,013 $
13 $ 633,285 $
23 $ 952,253 $
36 $ 6,991,705 $
0 $ 249,412,619 $
37 $ 1,174,372 $
8 $ 1,168,017 $
_0 $____________$
175 $ 262,916,859 $
Section 30. Department of Natural
Resources.
A. Budget Unit: Department of Natural
Resources.........................$
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..............................$
Land and Water Conservation
Grants........................... $
Recreation Grants....................$
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
59,394,155
40,810,421
8,055,370
455,990
1,108,243
489,743
2,071,345
414,301
1,179,033
794,115
1,157,645
345,085
2,500,000
965,000
104
GENERAL ACTS AND RESOLUTIONS,
Contract with U. S. Geological
Survey for Ground Water
Resources Survey...................$
Contract with U.S. Geological
Survey for Topographic Maps........$
Capital Outlay - Repairs
and Maintenance....................$
Capital Outlay -
Shop Stock - Parks.................$
Capital Outlay - Heritage Trust.......$
Authority Lease Rentals...............$
Cost of Material for Resale...........$
Payments to Lake Lanier Islands
Development Authority..............$
Contract - Special Olympics,
Inc.......H........................$
Georgia Sports Hall of Fame...........$
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition..............$
Capital Outlay - User Fee
Enhancements - Parks...............$
Capital Outlay - Buoy
Maintenance...................v....$
Capital Outlay - Consolidated
Maintenance - Game and Fish........$
Technical Assistance Contract.........$
Capital Outlay................i.......$
Contract - Georgia Rural
Water Association................ $
Grant - The Hay House.................$
Contract - Corps of Engineers
(Cold Water Creek St. Park)........$
Contract - Corps of Engineers
(Tybee Island).....................$
Advertising and Promotion............ $
Payment to Georgia
Agricultural Exposition
Authority........................ $
Historic Preservation
Grant......................... $
Payment to Jekyll
Island State Park -
Capital Outlay.....................$
VOL. I
275.000
125.000
1,021,993
300.000
75.000
1.238.000
1,042,500
603,821
206.000
50.000
430,912
963.000
20.000
337,220
125.000
1.643.000
10,000
50.000
130.000
-0-
100.000
500.000
40.000
212.000
GEORGIA LAWS 1986 SESSION
105
Payment to Stone Mountain
Memorial Association -
Capital Outlay......................$ -0-
Environmental Facilities Grants.......$ 8,000,000
Non-Game Wildlife
Habitat Fund........................$ 25,000
Georgia Boxing Commission.............$________4,150
Total Funds Budgeted..................$ 77,873,887
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..................$ 59,394,155
Total Positions Budgeted 1,285
Authorized Motor Vehicles 1,032
Department of Natural Resources Functional Budgets
Pos. Total Funds State Funds
Internal Administration
Game and Fish
Parks, Recreation and
Historic Sites
Environmental
Protection
Coastal Resources
Undistributed
Total
81 $ 5,386,751 $
479 $ 22,732,622 $
383 $ 26,041,879 $
316 $ 22,479,743 $
26 $ 1,232,892 $
____0 $___________-0- $
1,285 $ 77,873,887 $
B. Budget Unit: Authorities..............$
Operations Budget:
Personal Services.....................$
Regular Operating Expenses............$
5,018,001
19,456,342
14,721,177
19,030,743
1,167,892
________-0-
59,394,155
-0-
5,450,821
3,096,500
106
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel............................ $ 60,300
Motor Vehicle Equipment
Purchases.........................$ 51,000
Publications and Printing......... $ 109,000
Equipment...........................$ 115,000
Computer Charges....................$ 18,000
Real Estate Rentals.................$ 8,000
Telecommunications..................$ 107,200
Per Diem, Fees and Contracts........$ 455,000
Capital Outlay.........i:...........$ 100,000
Promotion Expense...................$ -0-
Campground Sinking Fund.............$ -0-
Payments to the Department
of Natural Resources..............$ 53,750
Mortgage Payments...................$_________-0-
Total Funds Budgeted.............. $ 9,624,571
State Funds Budgeted................$ -0-
Total Positions Budgeted 468
Authorized Motor Vehicles 100
Authorities Functional Budgets
Pos.
Lake Lanier Islands
Development
Authority 64 $
Jekyll Island State
Park Authority 157 $
Georgia Agricultural
Exposition Authority 2 $
Stone Mountain
Memorial Association 245 $
Total 468 $
Total Funds State Funds
3,255,821 $ -0-
5,868,750 $ -0-
500,000 $ -0-
_______-0- $___________^
9,624,571 $ -0-
Section 31. Department of Public Safety.
A. Budget Unit: Department of Public
Safety...........................
$ 57,961,984
GEORGIA LAWS 1986 SESSION
107
Operations Budget:
Personal Services......................$ 43,042,404
Regular Operating Expenses.............$ 6,001,869
Travel.................................$ 120,356
Motor Vehicle Equipment
Purchases......................... $ 3,712,900
Publications and Printing............ $ 535,422
Equipment Purchases....................$ 518,397
Computer Charges.......................$ 2,746,029
Real Estate Rentals....................$ 8,508
Telecommunications.....................$ 702,109
Per Diem, Fees and Contracts...........$ 163,125
Postage............................. $ 716,039
Conviction Reports.....................$ 218,016
State Patrol Posts
Repairs and Maintenance..............$ 150,000
Driver License Processing..............$ 929,977
Capital Outlay.........................$______80,000
Total Funds Budgeted...................$ 59,645,151
Indirect DO AS Service Funding.........$ 1,650,000
State Funds Budgeted...................$ 57,961,984
Total Positions Budgeted 1,492
Authorized Motor Vehicles 1,109
Public Safety Functional Budgets
Pos. Total Funds State Funds
Administration
Driver Services
Field Operations
Undistributed
Total
170 $ 6,776,607 $ 6,776,607
342 $ 12,731,037 $ 11,197,870
980 $ 40,137,507 $ 39,987,507
0 $ -0- $ -0-
1,492 $ 59,645,151 $ 57,961,984
B. Budget Unit: Units Attached for
Administrative Purposes Only.......$ 6,857,096
Attached Units Budget:
Personal Services.....................$ 3,147,172
108
GENERAL ACTS AND RESOLUTIONS, VOL. I
Regular Operating Expenses.............$ 694,989
Travel...................................$ 119,750
Motor Vehicle Equipment
Purchases......................... $ 131,400
Publications and Printing..............$ 45,450
Equipment Purchases....................$ 139,350
Computer Charges..................... $ 202,820
Real Estate Rentals................... $ 126,564
Telecommunications.....................$ 96,099
Per Diem, Fees and Contracts...........$ 527,337
Postage................................$ 28,750
Peace Officers Training Grants.........$ 1,963,680
Highway Safety Grants..................$ 3,500,000
Total Funds Budgeted...................$ 10,723,361
State Funds Budgeted................. $ 6,857,096
Total Positions Budgeted 111
Authorized Motor Vehicles 49
Attached Units Functional Budgets
Pos. Total Funds State Funds
Office of Highway Safety 8 $ 3,879,313 $
Georgia Peace Officers
Standards and
Training 26 $
Police Academy 18 $
Fire Academy 14 $
Georgia Firefighters
Standards and
Training Council 5 $
Organized Crime
Prevention Council 3 $
Georgia Public Safety
Training Facility 37 $
3,227,866 $
1,219,955 $
835,292 $
295,402 $
288,739 $
976,794 $
192,023
3,216,071
1,174,955
747,296
295,402
288,739
942,610
GEORGIA LAWS 1986 SESSION
109
Undistributed ______0 $___________4L $___________-0-
Total 111 $ 10,723,361 $ 6,857,096
Section 32. Public School Employees
Retirement System.
Budget Unit: Public School Employees
Retirement System.................$ 13,310,975
Departmental Operations Budget:
Payments to Employees
Retirement System...................$ 185,975
Employer Contributions................$ 13,125,000
Total Funds Budgeted..................$ 13,310,975
State Funds Budgeted..................$ 13,310,975
Section 33. Public Service Commission.
Budget Unit: Public Service
Commission........................$ 6,911,332
Departmental Operations Budget:
Personal Services.....................$ 4,136,030
Regular Operating Expenses............$ 225,616
Travel................................$ 133,400
Motor Vehicle Equipment Purchases....$ 66,405
Publications and Printing.............$ 23,375
Equipment Purchases...................$ 47,128
Computer Charges..................,...$ 148,649
Real Estate Rentals...................$ 237,021
Telecommunications....................$ 106,850
Per Diem, Fees and Contracts..........$ 2,142,500
Total Funds Budgeted..................$ 7,266,974
State Funds Budgeted..................$ 6,911,332
Total Positions Budgeted 133
Authorized Motor Vehicles 29
Public Service Commission Functional Budgets
Pos. Total Funds State Funds
Administration
Transportation
18 $ 1,023,809 $ 1,023,809
56 $ 2,058,290 $ 1,784,190
110
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities
Undistributed
Total
59 $ 4,184,875
0 $ _______-0-
133 $ 7,266,974 !
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.............
Research Consortium.................
Eminent Scholars Program.............
Total Funds Budgeted.................
Departmental Income.................
Sponsored Income...........:........,,
Other Funds.......................
Indirect DO AS Services Funding......
State Funds Budgeted.................
Total Positions Budgeted
4
4
4
4
4
4
4
4
4
4
4
4
4
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..................$
4,103,333
-0-
6,911,332
550,499,221
574,356,875
71,550,818
151,001,309
76,135,060
338,902
322,487
15,582,666
3,500,000
2,000,000
894,788,117
23,326,954
147,685,878
170,248,764
3,027,300
550,499,221
17,496
127,280,935
151,862,364
46,997,452
66,110,233
20,013,465
GEORGIA LAWS 1986 SESSION
111
Fire Ant and Environmental
Toxicology Research..................$ 249,308
Agricultural Research................$ 1,366,003
Advanced Technology
Development Center...................$ 874,054
Capitation Contracts for
Family Practice Residency............$ 2,267,000
Residency Capitation Grants............$ 2,137,500
Student Preceptorships.................$ 158,000
Center for Rehabilitation
Technology...........................$ 356,175
Capital Outlay - ETMH
Renovations..........................$ 3,300,000
SREB Payments..........................$ 6,284,950
Medical Scholarships...................$ 587,000
Regents Opportunity Grants.............$ 600,000
Regents Scholarships................. $ 200,000
Grants to Junior Colleges..............$ 5,680,444
Rental Payments to Georgia
Military College.....................$_____225,000
Total Funds Budgeted...................$ 309,268,948
Departmental Income....................$ 1,810,817
Sponsored Income.......................$ 67,010,917
Other Funds............................$ 112,610,579
Indirect DO AS Services Funding........$ 555,700
State Funds Budgeted...................$ 127,280,935
Total Positions Budgeted 6,165
Regents Central Office and Other Organized Activities
Functional Budgets
Pos. Total Funds State Funds
Marine Resources
Extension Center
Skidaway Institute
of Oceanography
Marine Institute
Georgia Tech
Research Institute
32 $ 1,516,646 $ 965,175
38 $ 3,416,321 $ 1,254,017
20 $ 1,058,560 $ 718,560
528 $ 76,018,994 $ 8,675,935
112
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
113 $ 3,349,708 $ 1,792,114
906 $ 42,651,500 $ 27,200,855
997 $ 40,713,488 $ 27,100,788
3,266 $ 109,795,557 $ 33,464,185
67 $ 2,503,551 $ 2,503,551
55 $ 1,980,769 $ 477,458
7 $ 4,857,216 $ 4,857,216
33 $ 1,354,897 $ 184,549
2 $ 2,052,348 $ 87,139
101 $ 17,999,393 $ 17,999,393
0 $ -0- $ -0-
6,165 $ 309,268,948 $ 127,280,935
C. Budget Unit: Georgia Public
Telecommunications
Commission...............
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..
5,246,493
.$ 3,814,825


GEORGIA LAWS 1986 SESSION
113
Operating Expenses:
Educ., Gen., and Dept. Svcs..........$ 4,798,847
Total Funds Budgeted...................$ 8,613,672
State Funds Budgeted...................$ 5,246,493
Total Positions Budgeted 149
Authorized Motor Vehicles 14
Section 35. Department of Revenue.
Budget Unit: Department of Revenue........$ 52,297,868
Operations Budget:
Personal Services......................$ 33,115,680
Regular Operating Expenses.............$ 1,115,210
Travel.................................$ 1,326,398
Motor Vehicle Equipment
Purchases............................$ 45,700
Publications and Printing..............$ 2,068,732
Equipment Purchases....................$ 1,187,363
Computer Charges.......................$ 6,723,106
Real Estate Rentals....................$ 1,753,806
Telecommunications.....................$ 633,285
Per Diem, Fees and Contracts...........$ 352,150
County Tax Officials/Retirement
and FICA.............................$ 1,644,000
Grants to Counties/Appraisal
Staff................................$ 1,663,187
Motor Vehicle Tag Purchases............$ 1,772,600
Motor Vehicle Decal Purchases..........$ 495,000
Postage................................$ 2,246,651
Total Funds Budgeted...................$ 56,142,868
Indirect DO AS Services Funding........$ 3,845,000
State Funds Budgeted...................$ 52,297,868
Total Positions Budgeted 1,231
Authorized Motor Vehicles 65
Department of Revenue Functional Budgets
Departmental
Administration
Internal Administration
Electronic Data
Processing
Pos. Total Funds State Funds
48 $ 4,248,317 $ 4,248,317
78 $ 6,889,174 $ 6,789,178
49 $ 2,488,904 $ 2,488,904
114 GENERAL ACTS AND RESOLUTIONS, VOL. I
Field Services
Income Tax
Motor Vehicle
Central Audit
Property Tax
Sales Tax
Undistributed
Total
363 $ 11,363,154 $
148 $ 6,644,279 $
253 $ 12,614,132 $
111 $ 4,539,527 $
56 $ 3,773,027 $
125 $ 3,582,354 $
0 $
-0- $
11,273,154
5,244,287
10,559,132
4,539,527
3,773,027
3,382,342
-0-
1,231 $ 56,142,868 $ 52,297,868
Section 36. Secretary of State.
A. Budget Unit: Secretary of State $ 16,668,795
Personal Services......................$ 10,428,508
Regular Operating Expenses.............$ 1,427,788
Travel........................ ....$ 196,350
Motor Vehicle Equipment
Purchases.....................:....'....$ 101,800
Publications and Printing............ $ 359,416
Equipment Purchases....................$ 178,460
Computer Charges..................... $ 667,359
Real Estate Rentals....................$ 1,814,119
Telecommunications.....................$ 291,760
Per Diem, Fees and Contracts...........$ 441,700
Election Expenses......................$ 500,000
Postage.............................. $______321,635
Total Funds Budgeted.......................16,728,895
State Funds Budgeted...................$ 16,668,795
Total Positions Budgeted 375
Authorized Motor Vehicles 74
Secretary of State Functional Budgets
Pos. Total Funds State Funds
58 $ 2,473,115 $ 2,471,015
Internal Administration
GEORGIA LAWS 1986 SESSION
115
Archives and Records 86 $
Corporations Regulation 44 $
Elections and
Campaign Disclosure 14 $
Securities Regulation 23 $
Drugs and Narcotics 15 $
State Campaign and
Financial Disclosure 3 $
Occupational
Certification 132 $
Undistributed 0 $_
Total 375 $
Occupational Certification
3,877,225 $ 3,827,225
1,503,244 $ 1,501,244
1,216,999 $ 1,216,999
1,003,557 $ 997,557
654,948 $
654,948
138,697 $ 138,697
5,861,110
-0-
5,861,110
-0-
Accounting
Architect
Athletic Trainers
Auctioneers
Barbers
Chiropractic
Construction Industry
Cosmetology
Dentistry
16,728,895
Functional
Board
Costs
184,908
47,942
1.242
6.242
11,473
11,095
54,563
37,092
56,467
$ 16,668,795
Budgets
Cost of
Operations
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
341,315
118,563
3,043
31,275
140,719
105,883
327,706
636,089
273,255
116
GENERAL ACTS AND RESOLUTIONS, VOL. I
Dieticians $ 11,500
Engineers $ 51,468
Forestry $ 3,139
Funeral Service $ 17,463
Geology $ 3,331
Hearing Aid $ 4,987
Landscape Architect $ 13,523
Librarians $ 2,331
Marriage and Family
Therapists $ 30,080
Medical Examiners $ 205,418
Nursing Home
Administrators $ 12,069
Board of Nursing $ 59,775
Dispensing Opticians $ 5,218
Optometry $ 15,285
Occupational Therapy $ 2,179
Pharmacy $ 67,179
Physical Therapy $ 11,791
Podiatry $ 3,722
Polygraph Examiners $ 5,734
Practical Nursing $ 56,001
Private Detective $ n 915
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
30,000
273,429
30,840
170,228
17,502
19,842
23,896
17,995
147,485
956,652
32,222
670,816
26,810
37,426
8,662
378,707
39,703
9,462
16,224
468,838
277,840
GEORGIA LAWS 1986 SESSION
117
Psychologists
Recreation
Sanitarian
Speech Pathology
Used Car Dealers
Used Car Parts
Veterinary
Wastewater
Well Water
Total
$
$
$
$
$
$
$
$
$
15,374 $
4,871 $
3,405 $
4,520 $
12,019 $
9,523 $
35,027 $
4,932 $
4,606 $
66,489
23,164
18,520
19,196
210,360
34,301
95,266
107,713
13,541
$ 1,099,409 $ 6,220,977
B. Budget Unit: Real Estate Commission $ 1,182,779
Real Estate Commission Budget:
Personal Services................. $ 685,741
Regular Operating Expenses............$ 107,748
Travel............................. $ 12,500
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing....26,000
Equipment Purchases...................$ 5,350
Computer Charges .................. $ 192,740
Real Estate Rentals................. $ 40,450
Telecommunications....................$ 18,250
Per Diem, Fees and Contracts..........$______94,000
Total Funds Budgeted.........I........$ 1,182,779
State Funds Budgeted..................$ 1,182,779
Total Positions Budgeted 28
Authorized Motor Vehicles 12
Real Estate Commission Functional Budget
Cost of
Pos. State Funds Operations
28 $ 1,182,779 $ 1,223,229
Real Estate Commission
118
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 37. Georgia Student Finance
Commission.
Budget Unit: Georgia Student
Finance Commission................$ 16,593,641
Administration Budget:
Personal Services......................$ 2,727,947
Regular Operating Expenses.............$ 185,120
Travel............................... $ 52,000
Motor Vehicle
Equipment Purchases..................$ -0-
Publications and Printing..............$ 78,654
Equipment Purchases....................$ 12,775
Computer Charges.......................$ 910,926
Telecommunications.....................$ 84,590
Per Diem, Fees and Contracts...........$ 41,500
Payment of Interest and Fees...........$ 430,000
Guaranteed Educational Loans...........$ 3,113,550
Tuition Equalization Grants............$ 10,700,000
Student Incentive Grants...............$ 4,443,122
Law Enforcement Personnel
Dependents Grants...........................35,000
North Georgia College
ROTC Grants........................ $ 111,000
Osteopathic Medical Loans..............$ 162,400
Georgia Military Scholarship
Grants........................... $ 140,500
Academic Scholarships..................$__________-0-
Total Funds Budgeted...................$ 23,229,084
State Funds Budgeted...................$ 16,593,641
Total Positions Budgeted 105
Authorized Motor Vehicles 1
Georgia Student Finance Commission Functional Budgets
Pos. Total Funds State Funds
Internal Administration 105 $ 4,093,512 $ -0-
Higher Education
Assistance Corporation 0 $ 430,000 $ 205,000
Georgia Student
Finance Authority 0 $ 18,705,572 $ 16,388,641
GEORGIA LAWS 1986 SESSION
119
Undistributed ______0 $___________-0- $
Total 105 $ 23,229,084 $
Section 38. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$
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
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............................ $
-0-
16,593,641
908,944
599,139
56,380
52,212
-0-
21,670
2,620
3,000
32,867
17,970
123,086
908,944
908,944
20
1
2,798,000
1,967,069
74,400
24.000
-0-
54.000
12,215
644,346
185,115
102,406
274,000
88.000
120
GENERAL ACTS AND RESOLUTIONS, VOL. I
Cost-of-Living Increases for
Local Retirement System Members....$
Floor Fund for Local
Retirement Systems.................$
Total Funds Budgeted.................$
State Funds Budgeted................ $
Total Positions Budgeted
Authorized Motor Vehicles
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..-A-......................... $
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...................$
1.630.000
1.168.000
6,223,551
2,798,000
67
1
454,518,256
159,459,089
46,179,642
1,633,112
1,000,000
825,147
2,442,058
2,362,670
1,086,778
1,722,399
8,991,102
584,950,487
9,317,013
12,145,821
3,458,506
9.317.000
1.270.000
1,383,000
8,796,429
GEORGIA LAWS 1986 SESSION
121
Savannah Harbor Maintenance
Payments........................ .$ 630,000
Spoilage Area Acquisition,
Clearing, Preparation and
Dike Reconstruction.................$ 3,000,000
Fall Line Freeway and Golden
Isles Parkway.......................$ 1,500,000
Total Funds Budgeted...................$ 861,470,253
State Funds Budgeted...................$ 454,518,256
Total Positions Budgeted 6,946
Authorized Motor Vehicles 4,800
Department of Transportation Functional Budgets
Pos. Total Funds State Funds
Motor Fuel Tax Budget
Planning and
Construction
Maintenance and
Betterments
2,998 $ 601,405,151 $ 213,263,028
3,547 $ 173,112,701 $ 167,527,881
Facilities and Equipment 0 $ 4,608,247 $ 3,408,247
Assistance to Counties 0 $ 9,317,013 $
Administration
Undistributed
Total
9,317,013
362 $ 31,121,907 $ 30,671,907
0 $
-0- $
-0-
6,907 $ 819,565,019 $ 424,188,076
General Funds Budget
Grants to Municipalities 0 $ 9,317,000 $ 9,317,000
Paving at State and
Local Schools and
State Institutions 0 $ 848,500 $
848,500
122
GENERAL ACTS AND RESOLUTIONS, VOL. I
Paving at State Parks
and Historic Sites
Air Transportation
Inter-Modal Transfer
Facilities
Harbor Maintenance
Facilities
Fall Line Freeway and
Golden Isles Parkway
Planning and
Construction
Local Assistance Road
Program and
Savannah Harbor
Widening Project
Total
0 $ 500,000 $
16 $ 1,347,153 $
23 $ 13,162,581 $
0 $ 3,630,000 $
0 $ 1,500,000 $
0 $ 1,600,000 $
_0 $ 10,000,000 $
39 $ 41,905,234 $
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.........$
Capital Outlay..................... $
Postage..............................$
500,000
957,153
4,977,527
630,000
1,500,000
1,600,000
10,000,000
30,330,180
15,051,960
3,735,585
56,290
82,000
-0-
21,000
71,964
-0-
194,766
56.500
9,360
-0-
32.500
GEORGIA LAWS 1986 SESSION
123
Operating Expense/Payments to
Central State Hospital...............$ 8,662,847
Operating Expense/Payments to
Medical College of Georgia.....*...:..$ 4,606,408
Regular Operating Expenses
for Projects and Insurance............$______725,980
Total Funds Budgeted....................$ 18,255,200
State Funds Budgeted.................. $ 15,051,960
Total Positions Budgeted 141
Authorized Motor Vehicles 1
Veterans Service Functional Budgets
Veterans Assistance
Veterans Home and
Nursing Facility -
Milledgeville
Veterans Nursing
Home - Augusta
Undistributed
Total
Pos. Total Funds State Funds
141 $ 4,202,541 $ 3,941,850
0 $ 9,088,752 $ 7,262,552
0 $ 4,963,907 $ 3,847,558
0 $ -0- $ -0-
141 $ 18,255,200 $ 15,051,960
Section 42. Workers Compensation
Board.
Budget Unit: Workers Compensation
Board...........................$ 5,763,223
Operations Budget:
Personal Services..*.................$ 4,426,252
Regular Operating Expenses...........$ 121,052
Travel.............................. $ 57,000
Motor Vehicle Equipment Purchases...$ -0-
Publications and Printing............$ 85,400
Equipment Purchases...........c.....$ 15,350
Computer Charges.....................$ 245,292
Real Estate Rentals................ $ 507,092
Telecommunications...................$ 82,485
124
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...........$ 178,300
Postage................................$ 80,000
Total Funds Budgeted.....|...................5,798,223
State Funds Budgeted...................$ 5,763,223
Total Positions Budgeted 146
Authorized Motor Vehicles 1
Workers Compensation Board Functional Budgets
Administration
Vocational
Rehabilitation
Undistributed
Total
Pos. Total Funds State Funds
129 $ 5,264,251 $ 5,229,251
17 $ 533,972 $ 533,972
0 $ -0- $ -0-
146 $ 5,798,223 $ 5,763,223
Section 43. State of Georgia General
Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (Issued)..............$ 189,169,521
B. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (New).................$ 20,500,000
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 contribu-
tions 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 Geor-
gias pro rata share for the operation of the National Center
for State Courts.
GEORGIA LAWS 1986 SESSION
125
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 contri-
butions of judges and employees of the Court.
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 sala-
ries 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 operat-
ing 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, how-
ever, of the funds appropriated in Section 5, $20,000 is desig-
nated 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.
126
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 50. Provisions Relative to Section 10, Depart-
ment 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 pro-
vide 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:
General Services.......................... $ 512,821
Data Processing Services.................... $ 45,501,134
Motor Vehicle Services...................... $ 2,267,469
Communication Services......../,..............,.$ 34,007,611
Printing Services ...>.................... ,.$ 4,578,652
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, Depart-
ment of Agriculture. From the appropriation in Section 11
(Department of Agriculture) relative to Regular Operating Ex-
penses, $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 autho-
rized to charge testing fees for export swine and cattle only,
which fees shall be reasonable.
GEORGIA LAWS 1986 SESSION
127
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 ap-
proval of the Georgia Building Authority (Markets).
Section 52. Provisions Relative to Section 16, State
Board of Education - Department of Education. From the
appropriation in Section 16 (State Board of Education - Depart-
ment 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 Hear-
ing 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 develop-
ment 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 systems
compensatory education plan shall provide for a program reme-
diating 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 systems 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 en-
rolled 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.
128
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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, physi-
cally 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 allot-
ted to local school systems which do not elect to implement
the state funded full day kindergarten program. The initial allot-
ment 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 (gen-
eral 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 teach-
ing unit being filled.
Teaching units allocated under Code Section 20-2-152 to an
eligible local unit shall remain a part of that local units allot-
ment until the end of the current school year in which allocated.
GEORGIA LAWS 1986 SESSION
129
From the appropriation in Section 16 (State Board of Educa-
tion - 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
2 to employ either certificated or licensed instructional person-
nel 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 Educa-
tion - Department of Education) for salaries relative to APEG
Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-
181(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 Sections 16 and 90 (State Board
of Education - Department of Education) for local school con-
struction shall be used to complete the funding of those projects
for which S.F.Y. 1987 entitlements were sufficient to cover eligi-
ble projects (pursuant to Code Section 20-2-250), based on a total
State entitlement of $100 million for S.F.Y. 1987.
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 equip-
ment without prior approval of the Department of Education.
The Board is hereby directed to establish a postsecondary
vocational education program at Georgia Southern College in
conjunction with the other two postsecondary vocational educa-
tion programs to be established in the Altamaha APDC area.
None of the State funds appropriated in Section 16 may
be used for the purpose of planning, designing, constructing,
or renovating area vocational-technical schools unless said
school agrees to be governed by the State Board of Postsecondary
Vocational Education.
130
GENERAL ACTS AND RESOLUTIONS, VOL. I
The Department is authorized to utilize up to $4,100,000
of available funds appropriated for the purpose of local school
construction to continue an asbestos abatement program in local
school systems.
Section 53. Provisions Relative to Section 17, Employ-
ees Retirement System. The Employees Retirement System
is authorized to increase the employer contribution rate by forty-
five 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 Gen-
eral 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 Governor and to be expended by the Governor at his discre-
tion in any emergency that he may determine requires expendi-
ture 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 GrantsState Funds is desig-
nated and committed for grants to counties, cities, and non-
profit organizations in the State of Georgia.
Section 56. Provisions Relative to Section 23, Depart-
ment of Human Resources. From the appropriation in Sec-
tion 23 (Department of Human Resources), $100,000 is desig-
nated and committed to operate a hemophilia program in the
metropolitan Atlanta area and to operate a hemophilia program
in Augusta; further, $250,000 is designated and committed for
the purchase of clotting factor for the hemophilia program.
GEORGIA LAWS 1986 SESSION
131
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 calcu-
late all Aid to Families with Dependent Children benefit pay-
ments utilizing a factor of 70% of the standards of need, effective
April 1, 1986; 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
$141
214
256
302
346
375
406
431
454
486
519
Provided that of the above appropriations relating to Re-
gional Grants for Intensive Infant Care, the distribution of funds
to the tertiary hospitals shall be on the basis of need and perfor-
mance 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.
132
GENERAL ACTS AND RESOLUTIONS, VOL. I
From the appropriation in Section 23 (Department of Human
Resources), $146,000 is designated and committed to operate
the RCW Industries, Inc.
Provided, that of the above appropriation relating to Com-
puter Charges, the Department is authorized to utilize up to
$31,197 from existing funds for the purpose of purchasing per-
sonal computers for Financial Services and Budget Services.
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 Author-
ity 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 HealthFamily Health Activ-
ity, $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 main-
tenance program.
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.
GEORGIA LAWS 1986 SESSION
133
Maternal and Child Health Block Grant funds above the
amounts anticipated in this appropriation shall be used to im-
prove 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 appro-
priation; provided, however, that such programs not be ex-
panded 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 Pro-
gram.
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 adoles-
cents 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 exist-
ing 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.
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 treat-
ment services plan.
134
GENERAL ACTS AND RESOLUTIONS, VOL. I
All Federal funds received for alcohol and drug abuse treat-
ment 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 activi-
ties, 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 contri-
bution of said governments to the program.
From the appropriation in Section 23 (Department of Human
Resources) relating to Community Mental Retardation Residen-
tial 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 con-
tract 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 communi-
ties.
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.
From the appropriation in Section 23 (Department of Human
Resources) relating to the Georgia Mental Health Institute,
GEORGIA LAWS 1986 SESSION
135
$20,000 is designated and committed for the purpose of a short-
term 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 Pro-
gram.
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 cover-
age for inmate labor at these Hospitals.
Section 57. Provisions Relative to Section 24, Depart-
ment of Industry and Trade. From the appropriation in Sec-
tion 24 (Department of Industry and Trade) relative to advertis-
ing, $12,000 is designated and committed for brochures
promoting Georgias 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 26, Depart-
ment 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.
Section 59. Provisions Relative to Section 28, Depart-
ment of Medical Assistance. Any reserve created by the
136
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Auditor for the payment of Medicaid Benefits can be ex-
pended and otherwise treated for accounting purposes for Pay-
ments to Counties for Mental Health.
Provided, that of the appropriation in Section 28, 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 29, Merit
System of Personnel Administration. The employer contri-
bution 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 $120.29
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 per-
cent (5.75%).
Section 61. Provisions Relative to Section 30, Depart-
ment of Natural Resources. No land shall be purchased for
State park purposes from funds appropriated in Section 30 (De-
partment of Natural Resources) or from any other funds without
the approval of the State Properties Commission, except for
land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natu-
ral Resources) relative to Environmental Facilities Grants,
$1,000,000 shall be available for allotment to counties and mu-
nicipalities 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.
To the extent that State Parks and Historic Sites receipts
are realized in excess of the amount of such funds contemplated
GEORGIA LAWS 1986 SESSION
137
in Section 30, the Department of Natural Resources is autho-
rized and directed to use the excess receipts to provide for the
most immediate critical needs of the Parks, Recreation and His-
toric Sites Division to include repairs and maintenance of State
Parks and Historic Sites facilities.
Provided, further, of the funds appropriated to the Depart-
ment of Natural Resources, $200,000 is designated and commit-
ted for the purpose of planning a recreational facility at Sandy
Creek on Lake Walter F. George.
Section 62. Provisions Relative to Section 14, Depart-
ment of Corrections. 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 14 (Department of Correc-
tions) 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.
Provided, that the Department is hereby authorized to redi-
rect an amount not to exceed $319,000 from funds available
to the Georgia State Financing and Investment Commission for
storage warehouse, laundry, and dining expansion at the Geor-
gia Womens Correctional Institution and the dining hall at
the Rutledge Correctional Institution.
Section 63. Provisions Relative to Section 31, Depart-
ment of Public Safety. From the appropriation in Section
31 (Department of Public Safety) for Conviction Reports, pay-
ment 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 Plan-
138
GENERAL ACTS AND RESOLUTIONS, VOL. I
ning and Budget is authorized and directed to supplant State
funds appropriated herein. Such supplantation shall not be im-
plemented 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
pursuit vehicles when such purchases are made by the State
of Georgia or otherwise placed a part of a State of Georgia con-
tract. 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 Admin-
istrative Services is hereby instructed to complete said specifica-
tions 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 Uni-
versity 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, how-
ever, that student fee revenue derived from increased rates au-
thorized by the State Board of Regents shall not be subject to
this limitation. Revenue from sales and services shall be classi-
fied as restricted funds and shall be available for use by the
unit of the University System generating such income.
GEORGIA LAWS 1986 SESSION
139
The 1V2% Personal Services continuation factor incorpo-
rated into the Resident Instruction appropriation in Section 34
(Regents, University System of Georgia) shall be utilized to pro-
vide 2V2% 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.
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 stu-
dent.
Section 65. Provisions Relative to Section 35, Depart-
ment of Revenue. From the appropriation in Section 35 (De-
partment of Revenue) relating to motor vehicle tag purchases,
$1,772,600 is designated and committed for the sole purpose
of contracting for the production of 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: (Can-
cellable Loans)
A) Students in paramedical and other professional and edu-
cational 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 ex-
ceed $225,000
D) Students who are to become agricultural teachers: Not
to exceed $30,000
140
GENERAL ACTS AND RESOLUTIONS, VOL. I
E) Students who are to become mathematics or science
teachers: Not to exceed $300,000
The appropriation in Section 37 relative to Tuition Equaliza-
tion 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.
Section 67. Provisions Relative to Section 40, Depart-
ment 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 De-
partment 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 Adminis-
trative Services in the same proportion as each countys total
public road mileage bears to the total public road mileage in
the State, as such mileage information is furnished by the De-
partment 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 resurfac-
ing, four-laning and passing lanes may be used to match addi-
tional 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 appropri-
ation payable in lieu of the Motor Fuel Tax Funds appropriated
in Section 40 of this Bill.
GEORGIA LAWS 1986 SESSION
141
Functions financed with General Fund appropriations shall
be accounted for separately and shall be in addition to appropria-
tions of Motor Fuel Tax revenues required under Article III,
Section IX, Paragraph VI, Subsection (b) of the State Constitu-
tion.
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-
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.
State funds for any airport development project shall not
exceed local funds for such project, except for airports owned
by the State of Georgia.
Of the above appropriation $975,000 is designated and com-
mitted 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 Au-
gusta. A route between Macon and Perry and a route through,
or by way of, Macon shall be studied.
Of the above appropriation $525,000 is designated and com-
mitted 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.
This Appropriations Act authorizes $82 million in General
Obligation Bonds for construction of various projects or parts
of projects on the State Highway system. It is the intent of
the General Assembly that funds presently allocated to such
projects or parts of projects shall be re-allocated to construction
of four-lane highway segments in designated growth areas as
follows:
Corridor Z and Appalachian Highway $40 million
Other Routes 40 million
142
GENERAL ACTS AND RESOLUTIONS, VOL. I
It is the further intent of the General Assembly that the
remaining $2 million in such funds shall be re-allocated to
LARP, and of the present appropriation of $10 million in Section
40 for LARP and Savannah Harbor, $2 million shall then be
allocated to Savannah Harbor and $8 million shall be allocated
to LARP.
Section 68. Provisions Relative to Section 41, Depart-
ment of Veterans Service. From the appropriation in Section
41 (Department of Veterans Service), the Department of Veter-
ans 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 appropri-
ated $3,132,482 for the purpose of providing funds for the opera-
tion of regional farmers markets in the Department of Agricul-
ture, and there is hereby appropriated $6,246,629 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 ($6,111,629 Bud-
get Unit 'C) in the Department of Human Resources. 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 Adminis-
trative 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 repro-
ducing equipment shall maintain a log for each unit of equip-
ment 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 States cost therefor.
GEORGIA LAWS 1986 SESSION
143
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 man-
ner.
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:
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 neces-
sary 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 operat-
ing 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.
144
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 74. Each agency for which an appropriation is au-
thorized herein shall maintain financial records in such a fash-
ion 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 gaso-
line 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.
Section State funds in this appropriation
paid to or on bohalTlTf-GcQrgia Indigent Legal_iaervicer
affiliates, nor shall any Statol^lIrfeieesjjC^made avaf
their use, including^bui^otriimltcd to theljeorgia-Ir
State widc-TeleCommunicati
statewidcJR
FectlyT
Communications Network either direct
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 acti-
vated at the time of the effective date of the aforesaid constitu-
tional 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 con-
tracts 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 consti-
tutes a first charge on all such appropriations.
GEORGIA LAWS 1986 SESSION
145
The General Assembly declares that the sums hereby appro-
priated for lease rentals are to pay the general obligations of
the State incurred under valid lease contracts and such appro-
priations 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 Governors recommendations
contained in the Budget Reports submitted to the General As-
sembly for this State fiscal year, 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, pro-
grams and activities subject to the conditions that no funds
whatsoever shall be transferred for use in initiating or commenc-
ing any new program or activity not currently having an appro-
priation of State funds, nor which would require operating funds
or capital outlay funds beyond the fiscal year to which this
Appropriation Act applies; and provided, further, that no funds
whatsoever shall be so transferred between objects without the
prior approval of at least eleven members of the Fiscal Affairs
Subcommittees in a meeting called to consider said transfers.
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 Direc-
tor of the Budget. In those cases in which the aforesaid Budget
Report contains no recommendations by the Governor of expen-
ditures 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 here-
inbefore for transfers.
Section 80. Wherever in this Act the term 'Budget Unit
Object Classes is used, it shall mean that the object classification
146
GENERAL ACTS AND RESOLUTIONS, VOL. I
following such term shall apply to the total expenditures with
the Budget Unit, and shall supersede the object classification
shown in the Governors 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, 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.
Sectionjjg.There is hereby appropriated a specific suga
of Federal grairt-funds, said specific sum being equal -ttf~^ _
total of tho Fodcrmgrant^funds availablejn
amounts of 3uch fundo appropidatedha--theT^oregoing sec
of thia Act, for the purpoacofi^upplahtmg^appropriated-
funds, which State fiindeTsliall thereupon bcT'tmagail
expenditure urtlestfroappropriatcd by the Georgia Gc
sembj^JT-hisprovision shall not apply to project-giO
notrappropriated 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 deter-
mined by the Office of Planning and Budget, shall cease to be
an obligation of the State.
GEORGIA LAWS 1986 SESSION
147
Section 84. Cost-of-Living Increases. This General As-
sembly has distributed to and included in the agency appropria-
tions listed hereinbefore State Funds in the amount of $238,-
582,477 for S.F.Y. 1986.
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 Geor-
gia General Obligation Debt Sinking Fund, $20,500,000 is specif-
ically appropriated for the purpose of financing a highway con-
struction 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, equip-
ment and facilities, both real and personal, necessary or useful
in connection therewith, through the issuance of not more than
$82,000,000 in principal amount of General Obligation Debt,
the instruments of which shall have maturities not in excess
of sixty months.
Section 2. Said Act is further amended by striking Section
93 in its entirety and by inserting in lieu thereof a new Section
93 to read as follows:
"Section 93. TOTAL STATE FUND
APPROPRIATIONS
State F.Y. 1986..........................5,225,947,058.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved February 27, 1986.
148
GENERAL ACTS AND RESOLUTIONS, VOL. I
HEALTH PLANNING AGENCY STATE HEALTH PLAN;
RULES; CERTIFICATES OF NEED.
Code Section 31-6-21.1 Amended.
No. 796 (House Bill No. 1192).
AN ACT
To amend Code Section 31-6-21.1 of the Official Code of Geor-
gia Annotated, relating to rule-making procedures of the Health
Planning Agency, so as to prohibit the applicability of the state
health plan or rules of that agency to certain applications made
prior to the effective date of that plan or those rules; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 31-6-21.1 of the Official Code of
Georgia Annotated, relating to rule-making procedures of the
Health Planning Agency, is amended by adding at the end
thereof a new subsection (i) to read as follows:
"(i) The state health plan or the rules establishing con-
siderations, standards, or similar criteria for the grant or
denial of a certificate of need pursuant to Code Section 31-
6-42 shall not apply to any application for a certificate of
need as to which, prior to the effective date of such plan
or rules, respectively, the evidence has been closed following
a full evidentiary hearing before the review board.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 4, 1986.
GEORGIA LAWS 1986 SESSION
149
SCHOOL BUSES 4-H ACTIVITIES.
Code Section 20-2-1074 Amended.
No. 802 (House Bill No. 1560).
AN ACT
To amend Part 1 of Article 22 of Chapter 2 of Title 20 of
the Official Code of Georgia Annotated, relating to powers of
state and local school officials regarding school buses, so as to
authorize local school officials to allow the use of buses for
4-H activities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 1 of Article 22 of Chapter 2 of Title 20
of the Official Code of Georgia Annotated, relating to powers
of state and local school officials regarding school buses, is
amended by striking in its entirety Code Section 20-2-1074, relat-
ing to the transportation of the elderly and handicapped on
school buses, and inserting in its place a new Code Section 20-
2-1074 to read as follows:
20-2-1074. Notwithstanding any other provisions of
law to the contrary, including Code Section 20-2-411, county
and independent school systems may use school buses to
provide transportation for the elderly, the handicapped, and
4-H activities if the cost of such transportation is reimbursed
in full from federal, state, local, or other funds other than
school funds.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 10, 1986.
150
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE OFFICERS AND EMPLOYEES LIABILITY
INSURANCE AND SELF-INSURANCE; ABATEMENT AND
REMOVAL OF ASBESTOS AND HAZARDOUS MATERIALS
FROM STATE PROPERTY.
Code Section 45-9-4 Amended.
No. 812 (House Bill No. 1953).
AN ACT
To amend Article 1 of Chapter 9 of Title 45 of the Official
Code of Georgia Annotated, relating to state liability insurance
for public officers and employees, so as to provide for insuring
and self-insuring liability of officers of the state for separate
insurance and self-insurance in connection with abatement and
removal of asbestos and other hazardous materials from state
facilities; to provide for protection in certain circumstances; to
provide for certain immunity; to provide for related matters;
to provide for an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 45 of the Official
Code of Georgia Annotated, relating to state liability insurance
for public officers and employees, is amended by striking Code
Section 45-9-4, relating to state liability insurance and self-insur-
ance, and inserting in lieu thereof a new Code Section 45-9-4
to read as follows:
45-9-4. (a) When the commissioner of administrative
services determines that an adequate number of agencies,
boards, bureaus, commissions, departments, or authorities
of this state have requested him to do so, he shall have
the authority to purchase policies of liability insurance or
contracts of indemnity insuring or indemnifying the officers,
officials, or employees of such agencies, boards, bureaus, com-
missions, departments, or authorities against personal liabil-
ity for damages arising out of the performance of their duties
or in any way connected therewith, under a master policy
GEORGIA LAWS 1986 SESSION
151
or on a blanket coverage basis with or without deductibles
or excess coverage. In such event, the commissioner may
alternatively retain all moneys paid to the Department of
Administrative Services as premiums on such policies of lia-
bility insurance or contracts of indemnity, all moneys re-
ceived as interest, and all moneys received from other
sources to set up and maintain a reserve fund for the pay-
ment of such liability under, and the expenses necessary
to administer properly, a self-insurance program. If the com-
missioner decides to institute a self-insurance program, he
shall establish and maintain a reserve fund for the payment
of liabilities arising out of claims against officers, officials,
and employees of the state. The commissioner shall invest
any such moneys in the same manner as other moneys in
his possession.
Ob) The commissioner of administrative services shall
establish and administer a program for insuring the officers
and employees of agencies, boards, bureaus, commissions,
departments, or authorities of this state, when such entities
request him to do so, against liability in connection with
abating or removing asbestos or other hazardous materials
in public premises. For this purpose, the commissioner may
purchase policies of liability insurance or contracts of indem-
nity insuring or indemnifying such officers and employees
under a master policy or on a blanket coverage basis with
or without deductibles or excess coverage. The commissioner
may alternatively retain all premium moneys paid to the
Department of Administrative Services for such purposes,
all moneys received as interest, and all moneys received
from other sources to establish and maintain a reserve fund
for the payment of such liability and the expenses necessary
to administer properly a program of self-insurance. The com-
missioner shall invest any such money in the same manner
as other moneys in his possession. The funds for the insur-
ance or self-insurance provided for in this subsection shall
be designated the 'Hazardous Materials Liability Reserve
Fund, and such fund and program shall be an undertaking
separate and apart from the program of liability insurance
and self-insurance provided for in subsection (a) of this Code
section.
(c) If the insurer of any liability policy purchased for
the benefit of the officers and employees of the state or state
152 GENERAL ACTS AND RESOLUTIONS, VOL. I
authorities shall become or has become insolvent, be placed
into receivership, be subject to any other delinquency or
bankruptcy proceeding, cancel its policies, or take or have
taken against it like actions, the commissioner of administra-
tive services may protect such employees against loss by
such means as he may determine, including without limita-
tion, undertaking to cover, insure, or self-insure the corre-
sponding liabilities and expenses, including without limita-
tion claims, contingent claims, and incurred but unreported
claims. However, the commissioner shall incur no obligation
beyond funds available then for commitment to the obliga-
tion. For these purposes the commissioner may proceed
against such insurer, its receiver, or other representative
and any other appropriate person by means of the states
own claim or by assignment, subrogation, or otherwise.
Section 2. Said article is further amended by striking Code
Section 45-9-5, relating to sovereign immunity, and inserting
in lieu thereof a new Code Section 45-9-5 to read as follows:
"45-9-5. Nothing in this article shall constitute a waiver
of the immunity of the state from any action. The exercise
of authority provided in this article shall not constitute the
provision of liability insurance protection under Article I,
Section II, Paragraph IX of the Constitution.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 12, 1986.
GEORGIA LAWS 1986 SESSION
153
HIGHWAYS, BRIDGES, AND FERRIES AWARD OF
CONTRACTS BY THE DEPARTMENT OF
TRANSPORTATION WHEN ONLY ONE BID IS RECEIVED.
Code Section 32-2-69 Amended.
No. 818 (House Bill No. 705).
AN ACT
To amend Code Section 32-2-69 of the Official Code of Georgia
Annotated, relating to the award of contracts to the lowest relia-
ble bidder by the Department of Transportation, so as to provide
procedures when only one bid is received on a project; to autho-
rize the department to negotiate a contract under certain cir-
cumstances when only one bid is received; to authorize the de-
partment to negotiate a contract with the lowest reliable bidder
under certain circumstances when the department made errors
in the bidding documents; to authorize the department to award
a contract to the next lowest reliable bidder if the lowest reliable
bidder is released by the department because of an obvious error
or if the lowest reliable bidder refuses to accept the contract;
to provide for other matters relative to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 32-2-69 of the Official Code of Geor-
gia Annotated, relating to the award of contracts to the lowest
reliable bidder by the Department of Transportation, is amended
by striking said Code section in its entirety and substituting
in lieu thereof a new Code Section 32-2-69 to read as follows:
"32-2-69. (a) The department shall award the contract
to the lowest reliable bidder, provided that the department
shall have the right to reject any and all such bids whether
such right is reserved in the public notice or not and, in
such case, the department may readvertise, perform the
work itself, or abandon the project.
(b) If only one bid is received, the department shall open
and read the bid. If the bid is at or below the departments
154 GENERAL ACTS AND RESOLUTIONS, VOL. I
cost estimate for the project as certified by the state highway
engineer, such cost estimate shall be read immediately and
publicly. If the bid exceeds the departments cost estimate
for the project, the department may negotiate with the bid-
der to establish a fair and reasonable price for the contract,
provided that the resulting negotiated contract price is not
greater than the bid and that the departments cost estimate
is disclosed to the bidder prior to the beginning of the negoti-
ations.
(c) If the department made errors in the bidding docu-
ments which resulted in an unbalanced bid, the department
may negotiate with the lowest reliable bidder to correct such
errors, provided that the lowest reliable bidder is not
changed.
(d) If the lowest reliable bidder is released by the depart-
ment because of an obvious error or if the lowest reliable
bidder refuses to accept the contract and thereby forfeits
the bid bond, the department may award the contract to
the next lowest reliable bidder, readvertise, perform the
work itself, or abandon the project.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 12, 1986.
GEORGIA LAWS 1986 SESSION
155
CLAIMS ADVISORY BOARD MEMBERSHIP; QUORUM.
Code Section 28-5-60 Amended.
No. 853 (House Bill No. 1314).
AN ACT
To amend Code Section 28-5-60 of the Official Code of Georgia
Annotated, relating to creation of the Claims Advisory Board,
so as to provide that the commissioner of corrections serve on
the board; to provide for a quorum necessary to transact official
business; 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 28-5-60 of the Official Code of Geor-
gia Annotated, relating to creation of the Claims Advisory
Board, is amended by striking in its entirety subsection (a) of
said Code section and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) There is created the Claims Advisory Board, here-
inafter called the board, to be composed of the Secretary
of State, who shall be the chairman, the commissioner of
human resources, the commissioner of corrections, and the
commissioner of transportation. Whenever the board takes
any official action authorized under the law or duly promul-
gated rules and regulations, three of the members shall con-
stitute a quorum; however, any of those individuals named
above may be represented by a deputy or other designated
employee; and any such action shall be valid if any two of
the remaining three individuals are present during such ac-
tion.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
156
GENERAL ACTS AND RESOLUTIONS, VOL. I
DEPARTMENT OF PUBLIC SAFETY DRIVERS
LICENSES; RECORDS; DISSEMINATION TO THE GEORGIA
CRIME INFORMATION CENTER AND THE DEPARTMENT
OF HUMAN RESOURCES; DELINQUENT CHILD SUPPORT
RECOVERY.
Code Section 40-5-2 Amended.
No. 931 (Senate Bill No. 45).
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 Depart-
ment of Public Safety and restrictions on the access to such
records, so as to authorize the Department of Public Safety to
disseminate certain information from its records to the Georgia
Crime Information Center; to authorize the department to pro-
vide access to its records to the Department of Human Resources
for the purpose of the enforcement of support obligations pur-
suant to Chapter 11 of Title 19 of the Official Code of Georgia
Annotated; to restrict the use of such information; to authorize
the Department of Public Safety to promulgate rules, regula-
tions, or policies governing the means of affording access to
such information; to authorize the Department of Public Safety
to charge a reasonable fee to defray its expenses in providing
access to its records; to provide for other matters relative to
the foregoing; to provide for an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-5-2 of the Official Code of Geor-
gia 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 (f) and (g) in
their entirety and substituting in lieu thereof new subsections
(f), (g), and (h) to read as follows:
"(f) The department may, upon request, disseminate
from its records to the United States Selective Service Sys-
GEORGIA LAWS 1986 SESSION
157
tem and the Georgia Crime Information Center 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 governmen-
tal duties of the United States Selective Service System and
the Georgia Crime Information Center and shall not be fur-
ther disseminated to any person. The department is further
authorized to promulgate rules, regulations, or policies gov-
erning the means by which such information will be dissemi-
nated from its records to the United States Selective Service
System and the Georgia Crime Information Center and is
further authorized to charge a fee to defray actual expenses
incurred in disseminating such information.
(g) Notwithstanding any other provisions of this Code
section, the department may, upon request, provide access
to and disseminate information from its records, including
compilations of the names and addresses of licensees or appli-
cants for licenses, to the Department of Human Resources.
Any information provided pursuant to this subsection shall
be limited to only the names, most current addresses, license
numbers, and dates of birth of licensees or applicants for
licenses and shall only be used by the Department of Human
Resources in connection with the recovery of delinquent
child support payments under Chapter 11 of Title 19, known
as the 'Child Support Recovery Act. Such information shall
not be further disseminated for purposes other than the re-
covery of child support. The department is authorized to
promulgate rules, regulations, or policies governing the
means by which access to its records will be afforded and
is further authorized to charge a reasonable fee to defray
its costs incurred in affording access to or disseminating in-
formation contained in its records.
(h) Except as otherwise provided in this Code section,
the department shall not furnish to any person any compila-
tions of the names or addresses of licensees or applicants
for licenses.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
158
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
CRIMINAL PROCEDURE STOLEN MOTOR VEHICLES;
RETURN TO OWNERS.
Code Section 17-5-50 Amended.
No. 932 (Senate Bill No. 135).
AN ACT
To amend Code Section 17-5-50 of the Official Code of Georgia
Annotated, relating to record of property alleged to be stolen,
embezzled, or otherwise unlawfully obtained and return of prop-
erty to rightful owner, so as to change the provisions relating
to the return of stolen vehicles to persons evidencing ownership
of such vehicles through certificates of title, tag receipts, bills
of sale, or other such evidence; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 17-5-50 of the Official Code of Geor-
gia Annotated, relating to record of property alleged to be stolen,
embezzled, or otherwise unlawfully obtained and return of prop-
erty to rightful owner, 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) If the person from whom custody of the property
was taken fails to assert a claim to such property, upon
any applicant furnishing satisfactory proof of ownership of
such property and presentation of proper personal identifica-
GEORGIA LAWS 1986 SESSION
159
tion, the person in charge of the property section may deliver
such property to the applicant. The person to whom property
is delivered shall sign, under penalty of false swearing, a
declaration of ownership, which shall be retained by the
person in charge of the property section. Such declaration,
absent any other proof of ownership, shall be deemed satis-
factory proof of ownership for the purposes of this Code sec-
tion; provided, however, that, in the case of motor vehicles,
trailers, tractors, or motorcycles which are required to be
registered with the state revenue commissioner, any such
stolen vehicle shall be returned to the person evidencing
ownership of such vehicle through a certificate of title, tag
receipt, bill of sale, or other such evidence. The stolen vehicle
shall be returned to the person evidencing ownership within
two days after such person makes application for the return
of such vehicle unless a hearing on the ownership of such
vehicle is required under this Code section or unless law
enforcement needs the stolen vehicle for further criminal
investigation purposes. Prior to such delivery, such person
in charge of the property section shall make and retain a
complete photographic record of such property. Such deliv-
ery shall be without prejudice to the state or to the person
from whom custody of the property was taken or to any
other person who may have a claim against the property.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
160
GENERAL ACTS AND RESOLUTIONS, VOL. I
NORTHEASTERN JUDICIAL CIRCUIT ADDITIONAL
JUDGE.
Code Section 15-6-2 Amended.
No. 933 (Senate Bill No. 186).
AN ACT
To amend Code Section 15-6-2, relating to the number of
superior court judges for each judicial circuit, so as to create
a new third judgeship for the Northeastern Judicial Circuit;
to provide for the initial appointment, election, and term of
office of said judge; to provide for the manner of impaneling
jurors; to prescribe the powers, duties, jurisdiction, privileges,
and immunities of said judge; to prescribe the compensation,
salary, and expense allowance of said judge to be paid by the
State of Georgia and the counties composing the Northeastern
Judicial Circuit; to provide for the division of business among
the three judges of the Northeastern Judicial Circuit of Georgia;
to provide for the judge senior in term of continuous service
to be the presiding judge, in whom shall be vested the power
to make all appointments whenever the law provides for the
superior court judge to make appointments; to provide for court-
room and chamber space; to provide for an additional court
reporter for said circuit; to repeal a specific Act; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-6-2, relating to the number of
superior court judges for each judicial circuit, is amended by
striking paragraph (26) which reads as follows:
"(26) Northeastern Circuit................... 2,
and inserting in its place a new paragraph (26) to read as follows:
"(26) Northeastern Circuit................... 3.
Section 2. The additional judge of the superior court for
the Northeastern Judicial Circuit of Georgia shall be appointed
GEORGIA LAWS 1986 SESSION
161
by the Governor for a term beginning July 1,1986, and expiring
December 31, 1988. At the general election to be held in 1988,
there shall be elected a successor to the first additional judge
appointed as provided for above and he shall take office on the
first day of January, 1989, and serve for a term of office of
four years and until his successor is duly elected and qualified.
All subsequent successors to such judge shall be elected at the
general election conducted in the year in which the term of
office shall expire for a term of office of four years and until
his successor is duly elected and qualified. Said elections shall
be held and conducted as is now or may hereafter be provided
by law for the election of judges of the superior courts of the
State of Georgia.
Section 3. The additional judge of the superior court for
the Northeastern Judicial Circuit of Georgia shall have and
may exercise all powers, duties, dignities, jurisdiction, privi-
leges, and immunities of the present judges of the superior courts
of this state. Any of the three judges of said court may preside
over any cause, whether in their own or in other circuits, and
perform any official act as judge thereof, including sitting on
appellate courts as provided by law.
Section 4. The compensation, salary, and contingent ex-
pense allowance of said additional judge of the superior court
for the Northeastern Judicial Circuit of Georgia shall be the
same as that of other judges of the superior courts of Georgia.
The additional judge shall also be paid a county supplement
by the counties composing said circuit in the same manner and
to the same extent as the present superior court judges of said
circuit are paid.
Section 5. All writs, processes, orders, subpoenas, and any
other official paper issuing out of the Superior Court of the
Northeastern Judicial Circuit of Georgia may bear teste in the
name of any judge of said circuit and when issued by and in
the name of any of said judges of said circuit, it shall be fully
valid and may be held and determined before any judge of said
circuit.
Section 6. Upon and after qualifications of the additional
judge of the superior court for the Northeastern Judicial Circuit
of Georgia, the three judges of said court shall be authorized
162
GENERAL ACTS AND RESOLUTIONS, VOL. I
to adopt, promulgate, amend, and enforce such rules of proce-
dure in consonance with the Constitution and laws of the State
of Georgia as they deem suitable and proper for the effective
transaction of business of the court; and in transacting the busi-
ness of the court and in performing their duties and responsibili-
ties, they shall divide and allocate the work and duties to be
performed by each. In the event of a disagreement between
said judges affecting the duties and responsibilities of the judges
of the superior court for the Northeastern Judicial Circuit, the
decision of the senior judge in term of current continuous, unin-
terrupted service shall be controlling.
Section 7. The judge of said court, senior in term of current
continuous, uninterrupted service as a judge of the superior
court, shall be the presiding judge of said court in whom shall
be vested the power to make all appointments whenever the
law provides for the superior court judge to make appointments,
except as herein provided.
Section 8. The drawing and impaneling of all jurors,
whether grand, petit, or special, may be by any of the judges
of the superior court of said circuit; and they or any of them
shall have full power and authority to draw and impanel jurors
for service in said court so as to have jurors for the trial of
cases before each of said judges separately or before each of
them at the same time.
Section 9. The three judges of the Northeastern Judicial
Circuit shall be authorized and empowered to employ an addi-
tional court reporter for such duties and for such compensation
as they see fit up to and including, but not exceeding, the remun-
eration of the present court reporters of the Northeastern Judi-
cial Circuit as the same is now fixed or may hereafter be fixed.
Section 10. The governing authorities of the counties com-
prising the Northeastern Judicial Circuit are fully authorized
and empowered to provide suitable courtrooms, jury rooms, and
chambers for the three judges of the Northeastern Judicial Cir-
cuit upon the recommendation of said judges.
Section 11. An Act creating a second superior court judge-
ship for the Northeastern Judicial Circuit, approved April 4,
1967 (Ga. L. 1967, p. 290), is repealed in its entirety.
GEORGIA LAWS 1986 SESSION
163
Section 12. For purposes of making the initial appoint-
ment of the third judge to fill the third judgeship created 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,
1986.
Section 13. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
PIEDMONT JUDICIAL CIRCUIT ADDITIONAL JUDGE.
Code Section 15-6-2 Amended.
No. 934 (Senate Bill No. 264).
AN ACT
To add one additional judge of the superior court for the
Piedmont Judicial Circuit; to amend Code Section 15-6-2 of the
Official Code of Georgia Annotated, relating to numbers of
judges for each judicial circuit, so as to provide for such addi-
tional judge; to provide for the initial appointment and subse-
quent election of said judge; 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 15-6-2 of the Official Code of Geor-
gia Annotated, relating to numbers of judges for each judicial
circuit, is amended by striking paragraph (32) and inserting
in its place a new paragraph to read as follows:
"(32) Piedmont Circuit
2.
164
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. A second judge of superior court for the Pied-
mont Judicial Circuit shall be appointed by the Governor for
a term beginning July 1, 1986, and continuing until December
31, 1988, and until a successor is elected and qualified. Succes-
sors to such additional judge shall be elected in 1988 and quad-
rennially thereafter as provided by law.
Section 3. In transacting the business of the court and
in performing their duties the two judges of Superior Court of
Piedmont Judicial Circuit shall share, divide, and allocate the
work and duties to be performed by them. In the event of any
disagreement between the judges, the decision of the senior
judge in time of service shall be controlling.
Section 4. This Act shall become effective July 1, 1986,
except that the Governor may make the appointment called
for by this Act at any time after this Act is approved by the
Governor or becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
GEORGIA PORTS AUTHORITY VENUE OF ACTIONS;
SUPERIOR COURT OF CHATHAM COUNTY.
Code Section 52-2-30 Amended.
No. 935 (Senate Bill No. 338).
AN ACT
To amend Chapter 2 of Title 52 of the Official Code of Georgia
Annotated, known as the "Georgia Ports Authority Act, so
as to change the provisions relating to venue; to provide that
venue in all actions brought against the Georgia Ports Authority
GEORGIA LAWS 1986 SESSION
165
shall be in the Superior Court of Chatham County; 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 2 of Title 52 of the Official Code of
Georgia Annotated, known as the "Georgia Ports Authority
Act, is amended by striking Code Section 52-2-30, relating to
confirmation and validation of bonds of the Georgia Ports Au-
thority and venue of actions to confirm and validate bonds or
to enforce rights, and inserting in lieu thereof a new Code Sec-
tion 52-2-30 to read as follows:
"52-2-30. Bonds of the authority shall be confirmed and
validated in accordance with the procedure of Chapter 82
of Title 36, the 'Revenue Bond Law. Any such action and
any action to protect or enforce any rights under this chapter
and any suit or action against the authority shall be brought
in the Superior Court of Chatham County, which shall have
exclusive original jurisdiction of such actions; provided how-
ever, the venue of an action for a tort shall be brought in
the county wherein committed if the authority has a facility
located therein, otherwise Chatham County.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval and shall be applicable to any suit or action filed on
or after such date. The provisions of this Act shall not affect
any suit or action filed prior to the effective date of this Act
in the Superior Court of Fulton County.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
166
GENERAL ACTS AND RESOLUTIONS, VOL. I
BAIL FOR CRIMINAL OFFENSES AGGRAVATED
SODOMY.
Code Section 17-6-1 Amended.
No. 936 (Senate Bill No. 344).
AN ACT
To amend Code Section 17-6-1 of the Official Code of Georgia
Annotated, relating to bail for criminal offenses, so as to add
the offense of aggravated sodomy to the list of offenses which
are bailable only before a judge of the superior court; to add
aggravated sodomy to the list of offenses for which persons are
not entitled to bail if they have previously been convicted of
such an offense or are charged with such an offense; to add
aggravated sodomy to the list of offenses for which no appeal
bond shall be granted; to provide for all related matters; to
provide for an effective date and for applicability; to repeal con-
flicting 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 Geor-
gia Annotated, relating to bail for criminal offenses, is amended
by striking subsections (a) and (b) and inserting in their places
new subsections to read as follows:
17-6-1. (a) The offenses of rape, aggravated sodomy,
armed robbery, aircraft hijacking, treason, murder, and per-
jury and the offenses of giving, selling, offering for sale, bar-
tering, 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.
(b) (1) The following persons shall not be entitled to
or released on bail:
GEORGIA LAWS 1986 SESSION
167
(A) Any person charged with committing a fel-
ony listed in paragraph (2) of this subsection who
has previously been convicted of the commission of
a felony listed in paragraph (2) of this subsection;
(B) Any person charged with committing a fel-
ony listed in paragraph (2) of this subsection while
such person is on probation or parole with respect
to a felony listed in paragraph (2) of this subsection;
or
(C) Any person charged with committing a fel-
ony listed in paragraph (2) of this subsection while
such person is on bail or has been released on his
own recognizance for a felony listed in paragraph
(2) of this subsection.
(2) The felonies to which paragraph (1) of this sub-
section apply are:
(A) Murder;
(B) Rape or aggravated sodomy;
(C) Armed robbery;
(D) Kidnapping;
(E) Arson;
(F) Burglary;
(G) Aircraft hijacking;
(H) Manufacturing, distributing, delivering, dis-
pensing, administering, selling, or possessing with in-
tent to distribute any controlled substance classified
under Code Section 16-13-25 as Schedule I or under
Code Section 16-13-26 as Schedule II; or
(I) Aggravated assault.
Section 2. Said Code section is further amended by striking
subsection (d) and inserting in its place a new subsection to
read as follows:
168
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(d) No appeal bond shall be granted to any person who
has been convicted of murder, rape, aggravated sodomy,
armed robbery, kidnapping, or aircraft hijacking and who
has been sentenced to serve a period of incarceration of seven
years or more. The granting of an appeal bond to a person
who has been convicted of any other crime shall be in the
discretion of the convicting court. Appeal bonds shall termi-
nate when the right of appeal terminates, and such bonds
shall not be effective as to any petition or application for
writ of certiorari unless the court in which the petition or
application is filed so specifies.
Section 3. This Act shall become effective July 1, 1986,
and shall apply to prosecutions commenced on or after said
effective date.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
PUBLIC OFFICERS OATHS.
Code Section 45-3-1 Amended.
No. 937 (Senate Bill No. 347).
AN ACT
To amend Code Section 45-3-1 of the Official Code of Georgia
Annotated, relating to oaths required of public officers, so as
to provide that every public officer shall swear that he is not
the holder of any office of trust under the government of the
United States, any other state, or any foreign state which he
is by the laws of the State of Georgia prohibited from holding;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
169
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 45-3-1 of the Official Code of Geor-
gia Annotated, relating to oaths required of public officers, is
amended by striking paragraph (4) of said Code section which
reads as follows:
"(4) Swear that he is not the holder of any office of
trust under the government of the United States except
postmaster, nor of any one of the states, nor of any foreign
state;,
and inserting in lieu thereof a new paragraph (4) to read as
follows:
"(4) Swear that he is not the holder of any office of
trust under the government of the United States, any other
state, or any foreign state which he is by the laws of the
State of Georgia prohibited from holding;.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
GAME AND FISH DIP NETS; CAST NETS; THREADFIN
SHAD; BLUEBACK HERRING; GIZZARD SHAD FOR BAIT.
Code Section 27-4-5 Amended.
No. 938 (Senate Bill No. 350).
AN ACT
To amend Code Section 27-4-5 of the Official Code of Georgia
Annotated, relating to methods for taking fish generally, so as
170
GENERAL ACTS AND RESOLUTIONS, VOL. I
to add threadfin shad and blueback herring as species that may
be taken by dip net and to add cast nets as a means for taking
certain species of fish; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 27-4-5 of the Official Code of
Georgia Annotated, relating to methods for taking fish gen-
erally, is amended by striking in its entirety subsection (b) and
inserting in lieu thereof a new subsection (b) to read as fol-
lows:
"(b) Notwithstanding subsection (a) of this Code section,
dip nets and cast nets may be used to take threadfin shad,
blueback herring, and gizzard shad for bait; and landing
nets may be used to land fish legally caught.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
GEORGIA LAWS 1986 SESSION
171
STATE COURTS SOLICITORS; RESIDENCY
REQUIREMENTS.
Code Section 15-7-24 Amended.
No. 939 (Senate Bill No. 370).
AN ACT
To amend Code Section 15-7-24 of the Official Code of Georgia
Annotated, relating to solicitors, so as to change the residency
requirement for the office of solicitor of the state court; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-7-24 of the Official Code of Geor-
gia Annotated, relating to solicitors, is amended by striking sub-
section (b) which reads as follows:
"(b) Each solicitor of the state court shall have been
a resident of the geographic area in which he is selected
to serve for one year next preceding the beginning of his
term of office, shall as of such date be at least 25 years of
age, and shall have been admitted to practice law for one
year.,
and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b) Each solicitor of the state court shall, on the date
he takes office, permanently reside in the geographic area
in which he is selected to serve, shall as of such date be at
least 25 years of age, and shall have been admitted to prac-
tice law in the State of Georgia for one year.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
172
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
GAME AND FISH FOOD FISH DEALERS; RESIDENT AND
NONRESIDENT LICENSES; PENALTIES.
Code Section 27-4-74.1 Enacted.
No. 940 (Senate Bill No. 410).
AN ACT
To amend Article 3 of Chapter 4 of Title 27 of the Official
Code of Georgia Annotated, relating to commercial fishing and
fish dealers, so as to provide for a resident and nonresident
food fish dealer license; to provide for definitions; to provide
for the amount of such licenses; to provide that it shall be unlaw-
ful to engage in business as a food fish dealer without a license;
to provide for certain exceptions; to provide for other matters
relative to the foregoing; to provide for penalties; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 3 of Chapter 4 of Title 27 of the Official
Code of Georgia Annotated, relating to commercial fishing and
fish dealers, is amended by adding between Code Section 27-4-
74 and 27-4-75 a new Code Section 27-4-74.1 to read as follows:
"27-4-74.1. (a) As used in this Code section, the term:
(1) 'Nonresident food fish dealer means a person
residing outside of the State of Georgia who at any time
sells dead fish within this state for consumption as food,
GEORGIA LAWS 1986 SESSION
173
either directly to consumers as a retailer or to other
persons for resale to consumers.
(2) 'Person shall have the meaning specified by par-
agraph (50) of Code Section 27-1-2.
(3) 'Resident shall have the meaning specified by
paragraph (60) of Code Section 27-1-2.
(4) 'Resident food fish dealer means a person resid-
ing within the State of Georgia who at any time sells
dead fish within this state for consumption as food, either
directly to consumers as a retailer or to other persons
for resale to consumers.
(b) Except as otherwise provided in subsection (c) of this
Code section, it shall be unlawful for any person to engage
in business as a resident or nonresident food fish dealer with-
out first obtaining an annual license from the department
as follows:
(1) Resident food fish dealer............ $ 50.00
(2) Nonresident food fish dealer..:...... 500.00
(c) A licensed commercial fish hatchery shall not be
required to obtain the license required by this Code section
to sell fish as authorized by Code Section 27-4-75. However,
any person purchasing fish from a commercial fish hatchery
under the authority of Code Section 27-4-75 who sells such
fish for consumption as food within this state shall be re-
quired to obtain a license under this Code section. Any per-
son shipping fish into this state under the authority of sub-
section (b) of Code Section 27-4-74 who sells such for
consumption as food within this state shall be required to
obtain a license under this Code section. Persons selling fish
from fish ponds under the authority of subsection (c) of Code
Section 27-4-74 shall not be required to obtain a license under
this Code section.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
174
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA COUNCIL FOR THE ARTS NAME CHANGED.
Code Sections 50-1-3 and 50-12-20 through 50-12-26 Amended.
No. 941 (Senate Bill No. 428).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated,
relating to state government, so as to redesignate the Georgia
Council for the Arts and Humanities as the Georgia Council
for the Arts; to delete certain references to the humanities; 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 50 of the Official Code of Georgia Anno-
tated, relating to state government, is amended by striking sub-
section (b) of Code Section 50-1-3, relating to the state poet laure-
ate, and inserting in lieu thereof a new subsection (b) to read
as follows:
"(b) The poet laureate shall be appointed by the Gover-
nor from a list of three nominees submitted to him by the
Georgia Council for the Arts.
Section 2. Said title is further amended by striking Article
2 of Chapter 12, relating to the Georgia Council for the Arts
and Humanities, and inserting in lieu thereof a new Article 2
to read as follows:
"ARTICLE 2
50-12-20. The General Assembly finds that the general
welfare of the state will be promoted by giving recognition
to the arts as a vital part of our culture and heritage; that
with increasing leisure time, the practice and enjoyment
of the arts are of increasing importance; and that many of
our citizens lack the opportunity to view, enjoy, or partici-
pate in live theatrical performances, film making, photogra-
GEORGIA LAWS 1986 SESSION
175
phy, music, opera, dance, art exhibits, examples of fine archi-
tecture, and the performing and visual arts. The General
Assembly finds that many of our citizens possess talents of
an artistic and creative nature which are not currently uti-
lized to the fullest extent; that broadened activity in the
arts will increase employment in the state by encouraging
additional cultural activity throughout the state, thus utiliz-
ing the talents and abilities of many more citizens; and that
the standards of artistic performance will be further im-
proved by continuing encouragement and support. The Gen-
eral Assembly, therefore, declares it to be the public policy
of this state to encourage the development of the arts.
50-12-21. There is created an arts council to be known
as the 'Georgia Council for the Arts, hereinafter referred
to as the council.
50-12-22. (a) The council shall consist of 24 members
to be appointed by the Governor. The members shall consist
of two members from each congressional district and four
members representing the state at large. All members shall
have demonstrated an interest in the arts. Except for certain
members who were appointed in 1979, the term of office of
each member shall be three years. In 1979, eight members
were appointed for terms of office of one year, eight members
for terms of two years, and eight members for terms of three
years. The initial appointments were made so that no more
than one member from each congressional district or two
state-at-large members terms of office would expire in any
one year. Vacancies shall be filled for unexpired terms in
the same manner as the original appointment. Membership
on the council shall be limited to two successive three-year
terms, and a member may be reappointed after a lapse of
one year. No member initially appointed to one-year or two-
year terms of office shall be prohibited from serving two
consecutive three-year terms of office.
(b) Members shall be entitled to reimbursement for ex-
penses incurred in the work of the council when authorized
in advance by the director of the Office of Planning and
Budget.
(c) Active and continuing participation by members of
the council is needed. Any member who fails to attend three
176 GENERAL ACTS AND RESOLUTIONS, VOL, I
regularly scheduled, consecutive meetings may be removed
by the council.
(d) A chairman shall be appointed annually by the Gov-
ernor for a term ending on June 30 of the year following
such appointment.
(e) The council shall meet annually, or more often, on
the call of the chairman.
50-12-23. The council shall advise the Governor through
the Office of Planning and Budget concerning methods and
programs to:
(1) Stimulate and encourage the study and develop-
ment of the arts as well as public interest and participa-
tion therein;
(2) Encourage public interest in the cultural heri-
tage of the state;
(3) Expand the states cultural resources;
(4) Encourage and assist freedom of artistic expres-
sion essential for the well-being of the arts;
(5) Assist the communities and organizations within
the state in originating and creating their own cultural
and artistic programs; and
(6) Survey public and private institutions engaged
within the state in cultural activities including, but not
limited to, architecture, dance, folk arts and applied arts
and crafts, literature, music, painting, photography,
sculpture, and theater.
50-12-24. The council shall submit an annual report to
the Governor concerning the appropriate methods to encour-
age participation in and appreciation of the arts in order
to meet the legitimate needs and aspirations of persons in
all parts of the state.
50-12-25. The Office of Planning and Budget shall have
the powers and authority necessary to carry out the purposes
GEORGIA LAWS 1986 SESSION
177
established by this article, including, but not limited to, the
powers:
(1) To establish overall policy for grant awards, eval-
uations, and programs recommended by the council;
(2) To hold hearings, make and sign any agree-
ments, and do and perform any acts which may be neces-
sary, desirable, or proper to carry out the purposes of
this article;
(3) To request from any department, division, board,
bureau, commission, or other agency of the state such
reasonable assistance and data as will enable it properly
to carry out its powers and duties;
(4) To accept, on behalf of the state, any federal
funds granted by act of Congress or by executive order
for all or any of the purposes of this article; and, upon
appropriation by the General Assembly, to expend such
funds for the purposes set forth in the appropriations
Act;
(5) To accept any grants, gifts, donations, or be-
quests for all or any of the purposes of this article;
(6) To propose methods to encourage private initia-
tive in the arts; and
(7) To advise and consult with the Governor; the
General Assembly; national foundations; and other local,
state, and federal departments and agencies on methods
to coordinate and assist existing resources and facilities,
with the purpose of fostering artistic and cultural endeav-
ors generally.
50-12-26. The director of the Office of Planning and Bud-
get shall select and appoint such personnel as the director
shall determine to be necessary to support the council and
the programs undertaken pursuant to this article.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
178
GENERAL ACTS AND RESOLUTIONS, VOL. I
GOVERNOR AGREEMENTS WITH OTHER STATES TO
FACILITATE IMPLEMENTATION AND ADMINISTRATION
OF FEDERAL GRANT PROGRAMS.
Code Section 45-12-40 Enacted.
No. 942 (Senate Bill No. 429).
AN ACT
To amend Article 2 of Chapter 12 of Title 45 of the Official
Code of Georgia Annotated, relating to the powers and duties
of the Governor, so as to authorize the Governor or his designee
to enter into agreements with officials from other states for
the purpose of facilitating implementation and administration
of federal grant programs administered by the State of Georgia;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 12 of Title 45 of the Official
Code of Georgia Annotated, relating to the powers and duties
of the Governor, is amended by adding at the end thereof a
new Code Section 45-12-40 to read as follows:
"45-12-40. For the purpose of establishing and adminis-
tering federal grant programs administered by the State
of Georgia, the Governor or his designee is authorized to
cooperate with or enter into agreements with any official
of another state. The Governor or his designee is authorized
to enter into contracts and perform all things necessary in
his discretion to secure to this state and citizens of this state
the benefits of federal grant programs.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
GEORGIA LAWS 1986 SESSION
179
BOARD OF CORRECTIONS EXPENSES OF MEMBERS.
Code Section 42-2-2 Amended.
No. 943 (Senate Bill No. 437).
AN ACT
To amend Code Section 42-2-2 of the Official Code of Georgia
Annotated, relating to members of the Board of Corrections,
so as to provide to members of the Board of Corrections reim-
bursement for expenses incurred for travel to and attendance
at authorized committee meetings out of the state; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 42-2-2 of the Official Code of Geor-
gia Annotated, relating to members of the Board of Corrections,
is amended by adding at the end thereof a new subsection (d)
to read as follows:
"(d) Each member of the Board of Corrections shall re-
ceive the sum provided for by Code Section 45-7-21 for each
day of actual attendance at meetings of the board and for
each day of travel as a member of a committee of the board.
In addition, upon recommendation by the chairman or the
board, each member shall receive for out-of-state travel ac-
tual expenses incurred in connection therewith and reim-
bursement for actual transportation costs while traveling
by public carrier or the legal mileage rate for the use of a
personal automobile in connection with such attendance.
Such sums, expenses, and costs shall be paid from funds
appropriated or otherwise available to the Department of
Corrections.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
180
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
AD VALOREM TAXATION OF MOTOR VEHICLES
"DRIVER EDUCATIONAL MOTOR VEHICLE REDEFINED.
Code Section 48-5-440 Amended.
No. 944 (Senate Bill No. 474).
AN ACT
To amend Code Section 48-5-440 of the Official Code of Geor-
gia Annotated, relating to definitions used in connection with
the ad valorem taxation of motor vehicles and motor homes,
so as to change the provisions of the definition of "driver educa-
tional motor vehicle; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 48-5-440 of the Official Code of
Georgia Annotated, relating to definitions used in connection
with the ad valorem taxation of motor vehicles and motor homes,
is amended by striking paragraph (1) in its entirety and substi-
tuting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Driver educational motor vehicle means a motor
vehicle which is furnished and assigned to a public school
in this state for use by the school in a program of driver
education when the assignment is authorized and approved
by the local board of education.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
GEORGIA LAWS 1986 SESSION
181
MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM
DEFINITIONS; ADMINISTRATION; MOTORCYCLE
SAFETY COORDINATOR; INSTRUCTOR TRAINING
COURSE; EFFECTIVE DATES.
Code Title 40, Chapter 15 Amended.
No. 945 (Senate Bill No. 477).
AN ACT
To amend an Act amending Title 40 of the Official Code of
Georgia Annotated and providing for a motorcycle operator
safety training program, approved March 21, 1984 (Ga. L. 1984,
p. 644), so as to change a certain definition; to change provisions
relating to the administration of the program; to provide duties
for the Board of Public Safety; to change provisions relating
to the course on motorcycle operator safety; to provide qualifica-
tions for the Motorcycle Safety Coordinator; to change the provi-
sions relating to the instructor training course; to provide an
effective date; to provide for the applicability of such effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act amending Title 40 of the Official Code
of Georgia Annotated and providing for a motorcycle operator
safety training program, approved March 21, 1984 (Ga. L. 1984,
p. 644), is amended by striking Section 1 in its entirety and
inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Title 40 of the Official Code of Georgia Anno-
tated, relating to motor vehicles and traffic, is amended by
adding immediately following Chapter 14 a new Chapter
15 to read as follows:
'CHAPTER 15
40-15-1. As used in this chapter, the term:
(1) "Board means the Board of Public Safety.
182 GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) "Coordinator means the State-wide Motorcycle
Safety Coordinator provided for in Code Section 40-
15-4.
(3) "Department means the Department of Public
Safety.
(4) "Motorcycle means every motor vehicle having
a seat or saddle for the use of the rider and designed
to travel on not more than three wheels in contact with
the ground, but excluding a tractor and a moped.
(5) "Operator means any person who drives or is
in actual physical control of a motorcycle.
(6) "Program means a motorcycle operator safety
training program provided for in Code Section 40-15-2.
40-15-2. (a) (1) The department is authorized to
set up, establish, and operate a motorcycle operator
safety training program for the purpose of assisting
motorcycle operators to meet the requirements for
licensed driving of motorcycles in this state.
(2) The coordinator, with the approval of the
board, shall be authorized to set up, establish, and
operate additional motorcycle operator safety train-
ing programs.
(b) Any such programs shall provide courses on mo-
torcycle operator safety. The programs shall be based
on the Motorcycle Safety Foundation Motorcycle Rider
Course or its equivalent in quality, utility, and merit.
(c) The department shall issue a certificate of com-
pletion to each person who satisfactorily completes the
motorcycle operator safety training program.
40-15-3. The board is authorized to adopt, promul-
gate, and establish rules and regulations for the opera-
tion of any motorcycle operator safety training program;
to provide for the entrance and enrollment of students;
to prescribe fees for the course; and to prescribe the ages,
GEORGIA LAWS 1986 SESSION
183
requirements, and conditions under which students may
be received for instruction in any such program.
40-15-4. (a) The board shall appoint a State-wide
Motorcycle Safety Coordinator who shall carry out and
enforce the provisions of this chapter and the rules and
regulations of the department. The coordinator shall be
placed in the classified service of the state merit system.
The coordinator must hold a valid Class 2 drivers license
and be a certified Motorcycle Safety Foundation Instruc-
tor.
(b) The coordinator shall also be authorized to:
(1) Promote motorcycle safety throughout the
state;
(2) Provide consultation to the various depart-
ments of state government and local political subdivi-
sions relating to motorcycle safety; and
(3) Do any other thing deemed necessary by the
board to promote motorcycle safety in the state.
40-15-5. Every person who desires to qualify as an
instructor in a motorcycle operator safety training pro-
gram shall meet the following requirements:
(1) Be of good moral character;
(2) Give satisfactory performance on a written,
oral, performance, or combination examination ad-
ministered by the coordinator testing both knowledge
of the field of motorcycle operator education and skills
necessary to instruct and impart motorcycle driving
skills and safety to students. The instructor training
program shall provide for a course of instruction
based on the Motorcycle Safety Foundations Instruc-
tor Course or its equivalent in quality, utility, and
merit. This course of instruction shall be held periodi-
cally based on the applications received and the need
for instructors, and an examination fee prescribed
by the coordinator shall be charged;
184
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Be physically able to operate safely a motor-
cycle and to instruct others in the operation of motor-
cycles; and
(4) Hold a valid Class 2 drivers license.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval; provided, however, that no provision of this Act shall
affect or supersede Section 2 of the said 1984 Act.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
MOTOR VEHICLE DRIVERS LICENSES SUSPENSION
FOR FAILURE TO RESPOND TO CITATIONS;
REINSTATEMENT; PAYMENT OF FINES AND
RESTORATION FEES.
Code Section 40-5-56 Amended.
No. 946 (Senate Bill No. 551).
AN ACT
To amend Code Section 40-5-56 of the Official Code of Georgia
Annotated, relating to suspension of licenses or driving privi-
leges for failure to respond to citations, so as to provide for
the reinstatement of licenses; to provide for restoration fees;
to provide for practices and procedures; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
185
Section 1. Code Section 40-5-56 of the Official Code of Geor-
gia Annotated, relating to suspension of licenses or driving privi-
leges for failure to respond to citations, is amended by striking
subsection (c) and inserting in lieu thereof a new subsection
(c) to read as follows:
"(c) The suspension provided for above shall be for an
indefinite period until such person shall respond and pay
any fines and penalties imposed. Such persons license shall
be reinstated if the person submits proof of payment of the
fine from the court of jurisdiction and pays a restoration
fee of $25.00 to the Department of Public Safety. Such sus-
pension shall be in addition to any other suspension or revo-
cation provided for in this chapter.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 18, 1986.
DR. W. K. SMITH HIGHWAY DESIGNATED.
No. 54 (Senate Resolution No. 339).
A RESOLUTION
Designating that portion of State Highway 67 in the unincor-
porated area of Bryan County as the Dr. W. K. Smith Highway;
and for other purposes.
WHEREAS, Dr. W. K. Smith of Pembroke, Georgia, served
the people of his community throughout his professional career
as a physician providing expert care and counseling regarding
their physical health; and
WHEREAS, in addition to his medical practice, Dr. Smith
served as a member of the Georgia House of Representatives
during the 1920s and again in the 1940s and 1950s; and
186
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, his public service also included serving as mayor
of Pembroke, member of the aldermanic board, member of the
board of education, and serving on the State Board of Medical
Examiners and the State Board of Public Welfare; and
WHEREAS, it is appropriate that his contributions as a civic
and community leader be honored by designating that portion
of State Highway 67 in unincorporated Bryan County as the
Dr. W. K. Smith Highway.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the portion of State
Highway 67 in the unincorporated portion of Bryan County
be dedicated in honor of Dr. W. K. Smith in memory of his
service to the people of Bryan County and the State of Georgia.
BE IT FURTHER RESOLVED that the Department of
Transportation is directed to place and maintain appropriate
markers along that portion of State Highway 67 in unincorpo-
rated Bryan County designating it as the Dr. W. K. Smith High-
way.
Approved March 18, 1986.
JOHN C. BEASLEY BRIDGE DESIGNATED.
No. 55 (Senate Resolution No. 436).
A RESOLUTION
Designating the John C. Beasley Bridge; and for other pur-
poses.
WHEREAS, John C. Beasley was a native of Tattnall County
and served as a councilman and later as chairman of the board
of commissioners of Tattnall County; and
GEORGIA LAWS 1986 SESSION
187
WHEREAS, his public service included serving as the mayor
of Glennville, as a member of the House of Representatives
for eight years, as a member of the Senate for two years, and
as chairman of the Tattnall County Democratic Executive Com-
mittee; and
WHEREAS, in addition to his active participation in the
political affairs of Tattnall County, John Beasley was appointed
to the position of superintendent of the Banking Department
of Georgia, which he held for ten years, and he also was a former
director of the Georgia State Highway Department; and
WHEREAS, the replacement to the first wooden bridge
across the Altamaha River was dedicated to John C. Beasley
in 1955 and that bridge has been replaced by a new structure;
and
WHEREAS, it is only fitting that the new bridge on Georgia
Highway 144 crossing the Altamaha River be named and desig-
nated as the John C. Beasley Bridge in recognition of the special
contributions he made to improve the quality of life for the
citizens of Tattnall County.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the bridge on Georgia
Highway 144 which crosses the Altamaha River is named and
designated the John C. Beasley Bridge.
BE IT FURTHER RESOLVED that the Department of
Transportation is authorized and directed to erect and maintain
appropriate markers so designating the bridge.
BE IT FURTHER RESOLVED that the Secretary of the Sen-
ate is authorized and directed to forward an appropriate copy
of this resolution to Mr. John D. Kicklighter of Glennville, Geor-
gia, the grandson of Mr. John C. Beasley.
Approved March 18, 1986.
188
GENERAL ACTS AND RESOLUTIONS, VOL. I
GOVERNORS COMMISSION ON BLACK ON BLACK
CRIME CREATION.
No. 56 (Senate Resolution No. 334).
A RESOLUTION
Creating the Governors Commission on Black on Black
Crime; and for other purposes.
WHEREAS, the number of crimes committed by black per-
sons against other black persons is substantially higher than
any other combination of crimes committed by one ethnic group
against another; and
WHEREAS, this pattern of excessive black on black crime
has existed in the United States for many years and is continu-
ing at an increasing rate; and
WHEREAS, there should be a systematic study to determine
the reasons for the high level of black on black crime to the
end that once the reasons are understood, effective measures
may be taken or encouraged by the state government to substan-
tially reduce black on black crime.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Criminal Justice
Coordinating Council is authorized and directed to gather statis-
tics and other information relative to black on black crime and
to prepare a report of its findings for presentation to the Gover-
nors Commission on Black on Black Crime. The director of
the Criminal Justice Coordinating Council shall notify the Gov-
ernor when the report has been published for presentation to
the Governors Commission on Black on Black Crime.
BE IT FURTHER RESOLVED that there is created the Gov-
ernors Commission on Black on Black Crime. The commission
shall consist of 15 members appointed by the Governor. The
Governor shall not appoint the members to such commission
until the director of the Criminal Justice Coordinating Council
has notified the Governor of the conclusion of the councils work
as provided in the preceding paragraph. At least three members
GEORGIA LAWS 1986 SESSION
189
of the commission shall be professionals in the fields of criminal
justice or social services with a special knowledge of the inci-
dence of black on black crime. The Governor may appoint mem-
bers of the General Assembly and state officers or employees
to such commission. The Governor shall designate the chairper-
son of the commission, who shall call the organizational meeting
of the commission. At the organizational meeting, the commis-
sion shall elect from its own membership such officers, in addi-
tion to the chairperson designated by the Governor, as the com-
mission deems necessary. The commission may designate
subcommittees of its membership in carrying out its duties. All
members of the commission shall serve without compensation
but may be reimbursed for travel and other expenses in carrying
out their official duties at the same rate as state officials and
employees, except that any legislative members of the commis-
sion shall be reimbursed for travel and other expenses from
legislative funds at the same rate and in the same manner as
members of the General Assembly who attend meetings of legis-
lative interim committees. Members of the commission who are
state officials or employees shall be reimbursed for such expenses
from the funds of their respective state departments or agencies.
All members of the commission except state officials and employ-
ees and members of the General Assembly shall be reimbursed
for such expenses from funds appropriated or available to the
office of the Governor. The commission may meet at such times
and places within the State of Georgia as the commission deems
necessary. Any out-of-state travel or meeting of the commission
or of any members of the commission must be approved by the
Governor prior to such travel.
BE IT FURTHER RESOLVED that it shall be the duty of
the commission to make a study of factors relating to the high
incidence of black on black crime to determine the reasons there-
for. The commission may meet or consult with such persons
as may be able to assist the commission in carrying out its
duty. With the prior approval of the Governor, the commission
may reimburse the travel and other expenses of persons from
out-of-state who appear before or meet with the commission
to provide information relative to the commissions study.
BE IT FURTHER RESOLVED that the commission shall,
upon completion of its study, issue its report thereon to the
Governor and to the General Assembly, at which time the com-
190
GENERAL ACTS AND RESOLUTIONS, VOL. I
mission shall stand abolished. Any vacancy which occurs on
the commission prior to the issuance of the commissions report
shall be filled by appointment of the Governor. If any legislative
member of the commission ceases to be a member of the General
Assembly, a vacancy shall be created on the commission and
the Governor shall appoint a successor from the General Assem-
bly.
BE IT FURTHER RESOLVED that the funds necessary to
carry out the provisions of this resolution shall come from funds
appropriated or available to the office of the Governor, except
as otherwise provided by this resolution.
Approved March 20, 1986.
R. E. CHAMBERS MEMORIAL BRIDGE DESIGNATED.
No. 57 (Senate Resolution No. 292).
A RESOLUTION
Designating the R. E. Chambers Memorial Bridge; and for
other purposes.
WHEREAS, Mr. R. E. Chambers was a distinguished citizen
of Murray County and the State of Georgia; and
WHEREAS, he served 12 years as the Clerk of County Court
of Murray County, two years as mayor of the City of Chatsworth,
and two years as clerk of that city; and
WHEREAS, he presided over the Cohutta Bank beginning
in 1936, became its chairman of the board in 1967, and became
chairman emeritus in 1980; and
WHEREAS, his civic activities included being a Shriner, a
Fifty-year Mason, a charter member of the Chatsworth Lions
GEORGIA LAWS 1986 SESSION
191
Club, and involvement with Chatsworth Enterprises, a group
which promoted tourism and industry in Murray County in the
1950s; and
WHEREAS, he was the husband of the late Laura Worley
Chambers and the father of two daughters, Mrs. Irene Greeson
and Mrs. Louise Miller; 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 GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of
Transportation is authorized and directed to designate that
bridge on U. S. Highway 411 over Rock Creek and approxi-
mately five miles south of the City of Chatsworth in Murray
County as the R. E. Chambers Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of
Transportation is authorized and directed to place appropriate
signs at appropriate locations designating said bridge as pro-
vided in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Sen-
ate is authorized and directed to transmit an appropriate copy
of this resolution to the commissioner of the Department of
Transportation.
Approved March 20, 1986.
192
GENERAL ACTS AND RESOLUTIONS, VOL. I
JUVENILES DESIGNATED FELONY ACTS; DISCHARGE
FROM CUSTODY OF THE DIVISION OF YOUTH SERVICES;
MOTIONS; TIME LIMITS.
Code Section 15-11-37 Amended.
No. 947 (House Bill No. 14).
AN ACT
To amend Code Section 15-11-37 of the Official Code of Geor-
gia Annotated, relating to designated felony acts, so as to provide
that certain discharges from the custody of the Division of Youth
Services shall not be made prior to the expiration of one year
of custody; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-11-37 of the Official Code of
Georgia Annotated, relating to designated felony acts, is
amended by striking in its entirety subparagraph (e)(2)(C) and
inserting in its place a new subparagraph (e)(2)(C) to read as
follows:
"(C) The juvenile shall not be discharged from the cus-
tody of the division unless a motion therefor is granted by
the court, which motion shall not be made prior to the expira-
tion of one year of custody; and.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA LAWS 1986 SESSION
193
STATE PATROL DISCIPLINARY BOARD MEMBERSHIP.
Code Section 35-2-48 Amended.
No. 948 (House Bill No. 460).
AN ACT
To amend Code Section 35-2-48 of the Official Code of Georgia
Annotated, relating to the composition of the State Patrol Disci-
plinary Board and hearings by the board, so as to change the
provisions relating to the composition of the State Patrol Disci-
plinary Board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 35-2-48 of the Official Code of Geor-
gia Annotated, relating to the composition of the State Patrol
Disciplinary Board and hearings by the board, is amended by
striking in its entirety subsection (a), which reads as follows:
"(a) The State Patrol Disciplinary Board shall be com-
posed of the commanding officer, a captain, a lieutenant, a
sergeant, a corporal, and a trooper with those members be-
low the rank of commanding officer being appointed by the
commissioner to serve for a period of six months and being
changed each six months. Where charges are preferred
against a communications officer or a driver license exam-
iner, the disciplinary board shall also include either one
communications officer or one driver license examiner, de-
pending upon the classification of the person against whom
charges are preferred.,
and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a) The State Patrol Disciplinary Board shall be com-
posed of the commanding officer as chairman and six sworn
members of equal or greater rank than the individual being
charged appointed by the commissioner; provided, however,
that, when charges are preferred against an employee of
194
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Department of Public Safety other than a member of
the Uniform Division, the State Patrol Disciplinary Board
shall be composed of the commanding officer as chairman
and six employees of the Department of Public Safety ap-
pointed by the commissioner. The State Patrol Disciplinary
Board shall be appointed as needed and the members of
such board shall serve at the pleasure of the commissioner.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
RACCOON FUR SELLERS LICENSE FEE.
Code Section 27-2-23.1 Amended.
No. 949 (House Bill No. 846).
AN ACT
To amend Code Section 27-2-23.1 of the Official Code of Geor-
gia Annotated, relating to the raccoon fur sellers license, so
as to change the amount of the annual license fee; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 27-2-23.1 of the Official Code of
Georgia Annotated, relating to the raccoon fur sellers license,
is amended by striking subsection (a) in its entirety and inserting
in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to the fur dealers licenses provided for
in Code Section 27-2-23, the department shall issue a raccoon
fur sellers license for an annual fee of $5.00. A person to
GEORGIA LAWS 1986 SESSION
195
whom a raccoon fur sellers license has been issued shall
be authorized to sell the raw, undressed furs, hides, skins,
or pelts of raccoons lawfully taken by any means other than
by trapping.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
INTEREST AND USURY INTEREST RATE ON
JUDGMENTS.
Code Section 7-4-12 Amended.
No. 950 (House Bill No. 1120).
AN ACT
To amend Code Section 7-4-12 of the Official Code of Georgia
Annotated, relating to interest on judgments, so as to change
the rate of interest under certain conditions; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 7-4-12 of the Official Code of Geor-
gia Annotated, relating to interest on judgments, is amended
by striking said Code section in its entirety and substituting
in lieu thereof a new Code Section 7-4-12 to read as follows:
"7-4-12: All judgments in this state shall bear interest
upon the principal amount recovered at the rate of 12 per-
cent per year unless the judgment is rendered on a written
contract or obligation providing for interest at a specified
rate, in which case the judgment shall bear interest at the
rate specified in such contract or obligation.
196
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA SAFE DAMS ACT OF 1978 EXEMPTION FROM
COVERAGE OF CERTAIN DAMS EXTENDED.
Code Section 12-5-372 Amended.
No. 951 (House Bill No. 1143).
AN ACT
To amend Article 5 of Chapter 5 of Title 12 of the Official
Code of Georgia Annotated, relating to rivers and river basins,
so as to extend the exemption from coverage under the article
for certain dams; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 5 of Chapter 5 of Title 12 of the Official
Code of Georgia Annotated, relating to rivers and river basins,
is amended by striking division (4)(B)(ii) of Code Section 12-5-
372, relating to definitions under the "Georgia Safe Dams Act
of 1978, and inserting in lieu thereof a new division (4)(B)(ii)
to read as follows:
"(ii) Any dam constructed or financially assisted by the
United States Soil Conservation Service or any other depart-
ment or agency of the United States government when such
department or agency designed or approved plans and super-
vised construction and maintains a regular program of in-
spection of the dam; provided, however, that this exemption
shall cease on November 1, 1990, for all such dams over
GEORGIA LAWS 1986 SESSION
197
which the supervising federal agency has relinquished au-
thority for the operation and maintenance of such a dam
to a person unless the supervising federal agency certifies
by said date and at least biannually thereafter to the director
that such dams are in compliance with requirements of this
part, including minimum spillway design, and with the
maintenance standards of the supervising federal agency;.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
FOOD ADULTERATION OR MISBRANDING; TAGS OR
MARKINGS.
Code Section 26-2-38 Amended.
No. 952 (House Bill No. 1171).
AN ACT
To amend Code Section 26-2-38 of the Official Code of Georgia
Annotated, relating to detention or embargo of adulterated or
misbranded food, so as to change the provisions relating to affix-
ing tags or markings to food which is suspected of being mis-
branded; to change the requirements of the misbranding of food;
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:
198
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 26-2-38 of the Official Code of Geor-
gia Annotated, relating to detention or embargo of adulterated
or misbranded food, is amended by striking subsection (a) and
inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Whenever a duly authorized agent of the Commis-
sioner finds or has probable cause to believe that any food
is adulterated or misbranded within the meaning of this
article, he shall affix to such article a tag or other appropriate
marking, giving notice that such article is, or is suspected
of being, adulterated or misbranded and has been detained
or embargoed and warning all persons not to remove or dis-
pose of such article by sale or otherwise until permission
for removal or disposal is given by the agent or the court.
It shall be unlawful for any person to remove or dispose of
such detained or embargoed article by sale or otherwise with-
out permission.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
MAGISTRATE COURT CONSTABLES MINIMUM AGE.
Code Section 15-10-101 Amended.
No. 953 (House Bill No. 1220).
AN ACT
To amend Code Section 15-10-101 of the Official Code of Geor-
gia Annotated, relating to constables of magistrate courts, so
as to require that constables be at least 21 years of age prior
to assuming the duties of a constable; to provide an effective
date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
199
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-10-101 of the Official Code of
Georgia Annotated, relating to constables of magistrate courts,
is amended by striking said Code section in its entirety and
inserting in lieu thereof a new Code Section 15-10-101 to read
as follows:
15-10-101. (a) Except as provided in subsection (b) of
this Code section, the eligibility for constable is the same
as for magistrate.
(b) Each constable shall have attained the age of at least
21 years prior to the date of his assuming the duties of consta-
ble.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
200
GENERAL ACTS AND RESOLUTIONS, VOL. I
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
LETTERS OF ADMINISTRATION; SURVIVING SPOUSES.
Code Section 53-6-24 Amended.
No. 954 (House Bill No. 1228).
AN ACT
To amend Code Section 53-6-24 of the Official Code of Georgia
Annotated, providing for rules for granting letters of administra-
tion, generally, so as to provide an exception to a surviving
spouses entitlement to those letters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 53-6-24 of the Official Code of Geor-
gia Annotated, providing for rules for granting letters of admin-
istration, generally, is amended by striking paragraph (1)
thereof and inserting in its place a new paragraph to read as
follows:
"(1) The surviving spouse, irrespective of age, shall be
first entitled, unless an action for divorce or separate mainte-
nance was pending between the deceased and the surviving
spouse at the time of the death;.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA LAWS 1986 SESSION
201
MOTOR VEHICLE LICENSE PLATES WESLEYAN
COLLEGE SESQUICENTENNIAL.
Code Section 40-2-29.4 Enacted.
No. 955 (House Bill No. 1258).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, so as to provide for the issuance
of special license plates to commemorate the sesquicentennial
of the founding of Wesleyan College; 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 licens-
ing of motor vehicles in general, is amended by adding immedi-
ately following Code Section 40-2-29.3 a new Code Section 40-
2-29.4 to read as follows:
"40-2-29.4 (a) By an Act approved December 23, 1836
(Ga. L. 1836, p. 101) by Governor William Schley, a charter
having been granted to a college 'by the name of the "Georgia
Female College, there shall be issued in 1987 special li-
cense plates to commemorate the sesquicentennial of the
founding of that college which later became known as Wes-
leyan College.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
sesquicentennial of Wesleyan College. It shall not be a re-
quirement that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar year 1987 through 1989, any motor vehi-
cle owner who is a resident of Georgia, upon complying with
202
GENERAL ACTS AND RESOLUTIONS, VOL. I
the motor vehicle laws relating to registration and licensing
of motor vehicles and upon the payment of a $25.00 manufac-
turing fee in addition to the regular motor vehicle registra-
tion fee, shall be issued such a special license plate. Special
license plates issued on or after January 1, 1987, under this
Code section shall be used until the expiration of other seven-
year license plates issued on or after January 1, 1983, as
provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided in Code Section 40-2-29. Special license plates issued
under this Code section may be transferred between ve-
hicles 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 ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA LAWS 1986 SESSION
203
ASSISTANT DISTRICT ATTORNEYS COMPENSATION;
LL.M. DEGREES.
Code Section 15-18-14 Amended.
No. 956 (House Bill No. 1277).
AN ACT
To amend Code Section 15-18-14 of the Official Code of Geor-
gia Annotated, relating to assistant district attorneys, so as to
provide a definition; to provide that any person who is appointed
as a state paid assistant district attorney and who has attained,
in addition to a J.D. or LL.B. degree, an LL.M. degree may be
appointed at a salary step which is two steps higher than the
salary step for which such person is otherwise qualified; to pro-
vide for the salary advance of an assistant district attorney
who attains an LL.M. degree; 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 15-18-14 of the Official Code of
Georgia Annotated, relating to assistant district attorneys, is
amended by inserting immediately following paragraph (3) of
subsection (a) a new paragraph, to be designated paragraph (3.1),
to read as follows:
"(3.1) 'LL.M. degree means a masters in law awarded
by a law school accredited by the American Bar Association
and the Association of American Law Schools in a field of
study which has been approved by the Prosecuting Attor-
neys Council of Georgia.
Section 2. Said Code section is further amended by striking
from the end of subparagraph (f)(2)(D) the word "and, by replac-
ing the period at the end of subparagraph (f)(2)(E) with the
symbol and word ; and, and by adding a new subparagraph
(f)(2)(F) to read as follows:
"(F) Any person who is appointed as a state paid assis-
tant district attorney and who has attained, in addition to
204
GENERAL ACTS AND RESOLUTIONS, VOL. I
a J.D. or LL.B. degree, an LL.M. degree may be appointed
at a salary step which is two steps higher than the salary
step for which such person is otherwise qualified.
Section 3. Said Code section is further amended by striking
in its entirety subsection (h) and inserting in its place a new
subsection (h) to read as follows:
"(h) All salary advancements shall be based on quality
of work, education, and performance. The salary of an attor-
ney appointed pursuant to this Code section may be ad-
vanced one step at the first of the calendar month following
the anniversary of such attorneys appointment; provided,
however, that any attorney who, subsequent to his appoint-
ment pursuant to this Code section, attains an LL.M. degree,
may be advanced two salary steps effective on the first day
of the calendar month following the award of the LL.M.
degree. No attorneys salary shall be increased beyond the
maximum of the salary range applicable to the attorneys
class. Any reduction in salary shall be made in accordance
with steps in the salary schedule provided for by subsection
(e) of this Code section.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA LAWS 1986 SESSION
205
LOCAL GOVERNMENT INVESTMENT POOLS BODIES
CREATED FOR A PUBLIC PURPOSE; INVESTMENTS.
Code Sections 36-83-2, 36-83-4, and 36-83-8 Amended.
No. 957 (House Bill No. 1349).
AN ACT
To amend Chapter 83 of Title 36 of the Official Code of Geor-
gia Annotated, relating to local government investment pools,
so as to authorize certain other bodies created for a public pur-
pose which obtain the approval of the State Depository Board
to use the investment pool; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 83 of Title 36 of the Official Code of
Georgia Annotated, relating to local government investment
pools, is amended by striking paragraph (2) and paragraph (3)
of subsection (b) of Code Section 36-83-2, relating to legislative
purposes and findings, and inserting in lieu thereof a new para-
graph (2), paragraph (3), and paragraph (4) to read as follows:
"(2) Establish a state administered pool for the invest-
ment of local government funds;
(3) Authorize the investment of local public funds
through the local government investment pool created by
this chapter; and
(4) Permit, upon approval by the State Depository
Board, any body created for a public purpose to invest funds
through the local government investment pool.
Section 2. Said chapter is further amended by striking
subsection (a) of Code Section 36-83-4, relating to investments
by public entities, generally, and inserting in lieu thereof a new
subsection (a) to read as follows:
"(a) (1) Subject to the procedures set forth in this
chapter, the governing authority of any local government
206
GENERAL ACTS AND RESOLUTIONS, VOL. I
may invest and reinvest any money subject to its control
and jurisdiction in:
(A) Obligations of this state or of other states;
(B) Obligations issued by the United States gov-
ernment;
(C) Obligations fully insured or guaranteed by
the United States government or a United States gov-
ernment agency;
(D) Obligations of any corporation of the United
States government;
(E) Prime bankers acceptances;
(F) The local government investment pool estab-
lished by Code Section 36-83-8;
(G) Repurchase agreements; and
(H) Obligations of other political subdivisions of
this state.
(2) Subject to the procedures set forth in this chap-
ter, any other body created for a public purpose may,
upon obtaining prior approval of the State Depository
Board, invest and reinvest any money subject to its con-
trol and jurisdiction in the local government investment
pool established by Code Section 36-83-8.
Section 3. Said chapter is further amended by striking
subsection (a) of Code Section 36-83-8, relating to the local gov-
ernment investment pool, and inserting in lieu thereof a new
subsection (a) to read as follows:
"(a) A local government investment pool is created, con-
sisting of the aggregate of all funds from local governments
and all funds from other bodies created for a public purpose
which the State Depository Board has agreed to accept that
are placed in the custody of the state for investment and
reinvestment as provided in this chapter.
GEORGIA LAWS 1986 SESSION
207
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
RETAIL INSTALLMENT AND HOME SOLICITATION SALES
ACT BAD CHECKS, DRAFTS, OR ORDERS; FEES.
Code Section 10-1-7 Amended.
No. 958 (House Bill No. 1353).
AN ACT
To amend Code Section 10-1-7 of the Official Code of Georgia
Annotated, relating to the payment of delinquency charges, at-
torneys fees, court costs, and check dishonor fees under "The
Retail Installment and Home Solicitation Sales Act, so as to
change the fee that a retail seller may charge a buyer for checks,
drafts, or orders which are not honored by the drawee for the
payment of money on any bank or other depository; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 10-1-7 of the Official Code of Geor-
gia Annotated, relating to the payment of delinquency charges,
attorneys fees, court costs, and check dishonor fees under "The
Retail Installment and Home Solicitation Sales Act, 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:
208
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(b) A retail installment contract or a revolving account
may provide that if the buyer submits to the retail seller
as payment for an unpaid balance, or portion thereof, in
that account or pursuant to that contract, a check, draft,
or order for the payment of money on any bank or other
depository, which check, draft, or order is not honored by
the drawee, then a fee not to exceed $15.00 or 5 percent of
the face amount of the check, draft, or order, whichever is
greater, may be charged to the buyer and will be added to
the unpaid balance on the buyers account if ten days have
elapsed since the retail seller has mailed to the buyer at
his last known address written notice of the failure to honor
the check, draft, or order without the check, draft, or order
having been made good. If a fee is charged under this subsec-
tion, then no delinquency charge shall be made as to the
first installment which is in default but would not have been
in default if the check, draft, or order had not been dishon-
ored. A fee authorized by this Code section shall not
be deemed to be time price differential, interest, or any
other type of finance charge and shall not be included in
determining whether any limitations on time price differ-
ential, interest, or other finance charges have been ex-
ceeded.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA LAWS 1986 SESSION
209
CRIMES AND OFFENSES BAD CHECKS; CHARGES.
Code Section 16-9-20 Amended.
No. 959 (House Bill No. 1354).
AN ACT
To amend Code Section 16-9-20 of the Official Code of Georgia
Annotated, relating to the issuance of bad checks, so as to stand-
ardize the charges which may be imposed for the issuance of
bad checks; 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 16-9-20 of the Official Code of Geor-
gia Annotated, relating to the issuance of bad checks, is amended
by striking subsections (a) and (i) of said Code section in their
entirety and substituting in lieu thereof new subsections (a),
(i), and (j) to read as follows:
"(a) A person commits the offense of criminal issuance
of a bad check when he makes, draws, utters, or delivers a
check, draft, or order for the payment of money on any bank
or other depository in exchange for a present consideration
or wages, knowing that it will not be honored by the drawee.
For the purposes of this Code section, it is prima-facie evi-
dence that the accused knew that the instrument would not
be honored if:
(1) The accused had no account with the drawee at
the time the instrument was made, drawn, uttered, or
delivered;
(2) Payment was refused by the drawee for lack of
funds upon presentation within 30 days after delivery
and the accused or someone for him shall not have paid
the holder thereof the amount due thereon, together with
a service charge, within ten days after receiving written
notice that payment was refused upon such instrument.
For purposes of this paragraph:
210
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Notice mailed by certified or registered
mail evidenced by return receipt to the address
printed on the instrument or given at the time
of issuance shall be deemed sufficient and equiva-
lent to notice having been received by the person
making, drawing, uttering, or delivering the in-
strument; and
(B) The form of notice shall be substantially
as follows:
'You are hereby notified that a check or instru-
ment numbered ___________________________, issued
by you on_________________________(date), drawn
upon _________________(name of bank), and pay-
able to ______________, has
been dishonored. Pursuant to Georgia law, you
have ten days from receipt of this notice to tender
payment of the full amount of the check or instru-
ment plus a service charge of $____________, the
total amount due being ____________________ dol-
lars and___________________________________cents. Unless this amount
is paid in full within the specified time above,
the holder of the check or instrument may turn
over the dishonored check or instrument and all
other available information relating to this inci-
dent to the district attorney or solicitor for crimi-
nal prosecution.; or
(3) Notice mailed by certified or registered
mail is returned undelivered to the sender when
such notice was mailed within a reasonable time
of dishonor to the address printed on the instru-
ment or given by the accused at the time of is-
suance of the instrument.
(i) Notwithstanding paragraph (2) of subsection (a) of
this Code section or any other law on usury, charges, or
fees on loans or credit extensions, any lender of money or
extender of other credit who receives a check, draft, negotia-
ble order of withdrawal, or like instrument drawn on a bank
or other depository institution given by any person in full
or partial repayment of a loan, installment payment, or
GEORGIA LAWS 1986 SESSION
211
other extension of credit may, if such instrument is not paid
or is dishonored by such institution, charge and collect from
the borrower or person to whom the credit was extended a
bad check charge. This charge shall not be deemed interest
or a finance or other charge made as an incident to or as
a condition to the granting of the loan or other extension
of credit and shall not be included in determining the limit
on charges which may be made in connection with the loan
or extension of credit or any other law of this state.
(j) For purposes of this Code section, no service charge
or bad check charge shall exceed $15.00 or 5 percent of the
face amount of the check, whichever is greater.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
MOTOR VEHICLE LICENSE PLATES GEORGIA
INSTITUTE OF TECHNOLOGY CENTENNIAL LICENSE
PLATES.
Code Section 40-2-29.2 Amended.
No. 960 (House Bill No. 1360).
AN ACT
To amend Code Section 40-2-29.2 of the Official Code of Geor-
gia Annotated, relating to license plates commemorating the
centennial of the Georgia Institute of Technology, so as to extend
the time of issuance of such license plates; to provide for fees;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
212 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 40-2-29.2 of the Official Code of
Georgia Annotated, relating to license plates commemorating
the centennial of the Georgia Institute of Technology, is
amended by striking in its entirety subsection (a) and inserting
in its place a new subsection (a) to read as follows:
"(a) By an Act approved October 13, 1885 (Ga. L. 1885,
p. 69) by Governor Henry McDaniel, a technological school
having been established as a department of the State Univer-
sity 'for the education and training of students in the indus-
trial and mechanical arts, there shall be issued special li-
cense plates to commemorate the centennial of the founding
of the Georgia Institute of Technology.
Section 2. Said Code section is further amended by striking
in its entirety subsection (c) and inserting in its place a new
subsection (c) to read as follows:
"(c) In calendar years 1985 through 1989, any motor
vehicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1985,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA LAWS 1986 SESSION
213
CLERKS OF SUPERIOR COURTS ANNUAL TRAINING;
REIMBURSEMENT BY COUNTIES OF EXPENSES.
Code Section 15-6-50 Amended.
No. 961 (House Bill No. 1368).
AN ACT
To amend Code Section 15-6-50 of the Official Code of Georgia
Annotated, relating to terms of office, qualifications, and train-
ing for clerks of superior courts, so as to change the number
of hours of annual training for clerks; to provide for reimburse-
ment by counties of expenses of training; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-6-50 of the Official Code of Geor-
gia Annotated, relating to terms of office, qualifications, and
training for clerks of superior courts, is amended by striking
in its entirety paragraph (3) of subsection (c) and inserting in
its place a new paragraph (3) to read as follows:
"(3) Effective July 1,1983, after the initial year of train-
ing as required in paragraph (1) of this subsection, each clerk
of the superior court shall complete 15 hours of additional
training per annum during each year in which he serves
as a clerk of the superior court and shall file a certificate
of additional training issued by the Institute of Continuing
Judicial Education of Georgia with the judge of the probate
court in his county. For each year the training requirements
of this paragraph are not completed and the certificate is
not placed on file, the clerk of the superior court will not
receive credit for that year of service for determining eligibil-
ity for retirement under the Superior Court Clerks Retire-
ment Fund of Georgia; provided, however, that, if a clerk
fails to take the required training in any given year, he
may, upon written notice to the Superior Court Clerks Train-
ing Council, make up such deficiency in the next succeeding
year and file the appropriate certificate of additional training
with the judge of the probate court.
214
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said Code section is further amended by striking
in its entirety paragraph (5) of subsection (c) and inserting in
its place a new paragraph (5) to read as follows:
"(5) All reasonable expenses of training authorized or
required by this subsection, including any tuition which may
be fixed by the Institute of Continuing Judicial Education
of Georgia, shall be paid by the clerk taking the training
but shall be reimbursed from county funds by the county
governing authority.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
BANKING AND FINANCE REPORTS OF CURRENCY
TRANSACTIONS; DEFINITIONS; AMOUNTS;
ENFORCEMENT.
Code Sections 7-1-911 and 7-1-912 Amended.
No. 962 (Senate Bill No. 330).
AN ACT
To amend Article 11 of Chapter 1 of Title 7 of the Official
Code of Georgia Annotated, relating to records and reports of
currency transactions, so as to change the definition of the term
"financial institution as it relates to records and reports of
currency transactions; to change the amount of a deposit which
a financial institution is required to notify the department of
by telephone or wire; to authorize the commissioner in his discre-
tion to exercise the authority granted in Code Section 7-1-64;
to provide for other matters relative to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
GEORGIA LAWS 1986 SESSION
215
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 11 of Chapter 1 of Title 7 of the Official
Code of Georgia Annotated, relating to records and reports of
currency transactions, is amended by striking subparagraphs
(D) and (E) and by adding a new subparagraph (F) at the end
of paragraph (4) of Code Section 7-1-911, relating to definitions
pertaining to records and reports of currency transactions, so
that when so amended subparagraphs (D), (E), and (F) of para-
graph (4) shall read as follows:
"(D) A state or federal credit union;
(E) An international bank agency doing business in this
state on April 1,1975, pursuant to the former 'International
Bank Agency Act, approved April 6, 1972 (Ga. L. 1972, p.
1140), or authorized to do business in this state pursuant
to Article 5 of this chapter; or
(F) A licensee under Article 4 of this chapter and such
other persons as may be engaged in the business of cashing
checks for a fee unless performed incidental to the sale of
goods or services.
Section 2. Said article is further amended by striking Code
Section 7-1-912, relating to records and reports of certain cur-
rency transactions and regulations by the department, in its
entirety and substituting in lieu thereof a new Code Section
7-1-912 to read as follows:
"7-1-912. (a) Every financial institution shall keep a
record of currency transactions in excess of $10,000.00 and
shall file with the department within 15 days of the date
of the transaction pursuant to regulations prescribed by the
commissioner a complete report of such currency transac-
tions in excess of $10,000.00, provided the department shall
be notified by telephone or by wire before the close of busi-
ness on the next succeeding business day whenever such
currency transaction shall be in an amount exceeding
$50,000.00.
(b) The commissioner shall prescribe such regulations
as he may deem appropriate to carry out the purposes of
216
GENERAL ACTS AND RESOLUTIONS, VOL. I
this article and to provide for exemption of such transactions
as the commissioner determines are clearly of a legitimate
nature for which mandatory reporting would serve no useful
purpose.
(c) The commissioner in his discretion may exercise the
authority granted in Code Section 7-1-64 to assure that finan-
cial institutions subject to this article are in compliance here-
with.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
EDUCATION APPEALS FROM DECISIONS OF LOCAL
BOARDS OF EDUCATION; WRITTEN NOTICES OF
DECISIONS AND RIGHT TO APPEAL.
Code Section 20-2-1160 Amended.
No. 963 (Senate Bill No. 416).
AN ACT
To amend Code Section 20-2-1160 of the Official Code of Geor-
gia Annotated, relating to appeals from the decisions of a local
school board regarding the construction and administration of
school law, so as to provide for notification to the parties in
writing of decisions and the right to appeal decisions and of
the procedures and requirements of the appellate process; to
provide for matters related to the foregoing; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
217
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 20-2-1160 of the Official Code of
Georgia Annotated, relating to appeals from the decisions of a
local school board regarding the construction and administra-
tion of school law, is amended by striking subsections (a) through
(c) of said Code section and inserting in lieu thereof new subsec-
tions (a) through (c) to read as follows:
"(a) Every county, city, or other independent board of
education shall constitute a tribunal for hearing and deter-
mining any matter of local controversy in reference to the
construction or administration of the school law, with power
to summon witnesses and take testimony if necessary. When
such local board has made a decision, it shall be binding
on the parties; provided, however, that the board shall notify
the parties in writing of the decision and of their right to
appeal the decision to the State Board of Education and
shall clearly describe the procedure and requirements for
such an appeal which are provided in subsection (b) of this
Code section.
(b) Any party aggrieved by a decision of the local board
rendered on a contested issue after a hearing shall have
the right to appeal therefrom to the State Board of Educa-
tion. The appeal shall be in writing and shall distinctly set
forth the question in dispute, the decision of the local board,
and a concise statement of the reasons why the decision is
complained of; and the party taking the appeal shall also
file with the appeal a transcript of testimony certified as
true and correct by the local school superintendent. The
appeal shall be filed with the superintendent within 30 days
of the decision of the local board, and within ten days thereaf-
ter it shall be the duty of the superintendent to transmit
a copy of the appeal together with the transcript of evidence
and proceedings, the decision of the local board, and other
matters in the file relating to the appeal to the state board.
The state board shall adopt regulations governing the proce-
dure for hearings before the local board and proceedings
before it.
(c) Where an appeal is taken to the state board, the
state board shall notify the parties in writing of its decision
218
GENERAL ACTS AND RESOLUTIONS, VOL. I
within 25 days after hearing thereon and of their right to
appeal the decision to the superior court of the county
wherein the local board of education is located and shall
clearly describe the procedure and requirements for such
an appeal which are provided in this subsection and in sub-
section (d) of this Code section. Any party aggrieved thereby
may appeal to the superior court of the county wherein the
local board of education is situated. Such appeal shall be
filed in writing within 30 days after the decision of the state
board. Within ten days after filing of such appeal, it shall
be the duty of the State School Superintendent to transmit
to the superior court a copy of the record and transcript
sent up from the local board as well as the decision and
any order of the state board, certified as true and correct.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
CRIMINAL PROCEDURE SENTENCING OF FIRST
OFFENDERS; ENTRY OF ADJUDICATIONS OF GUILT;
REVIEW OF CRIMINAL RECORDS.
Code Section 42-8-60 Amended.
No. 964 (Senate Bill No. 442).
AN ACT
To amend Code Section 42-8-60 of the Official Code of Georgia
Annotated, relating to sentencing for first offenders, so as to
provide for when a judge may enter an adjudication of guilt;
to provide that the court shall not sentence a defendant as a
first offender or discharge such defendant unless the court has
reviewed the defendants criminal record; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
219
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 42-8-60 of the Official Code of Geor-
gia Annotated, relating to sentencing for first offenders, is
amended by striking subsection (b) and inserting in lieu there-
of a new subsection (b) and a new subsection (c) to read as fol-
lows:
"(b) Upon violation by the defendant of the terms of
probation, upon a conviction for another crime during the
period of probation, or upon the court determining that
the defendant is or was not eligible for sentencing under
this article, 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 occa-
sion.
(c) The court shall not sentence a defendant under the
provisions of this article and, if sentenced under the provi-
sions of this article, shall not discharge the defendant upon
completion of the sentence unless the court has reviewed
the defendants criminal record as such is on file with the
Georgia Crime Information Center.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
220
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS PRESIDENTIAL PREFERENCE PRIMARY;
DATE.
Code Sections 21-2-191 and 21-2-192 Amended.
No. 965 (Senate Bill No. 455).
AN ACT
To amend Article 5 of Chapter 2 of Title 21 of the Official
Code of Georgia Annotated, known as the "Georgia Presidential
Preference Primary Law, so as to change the provisions relat-
ing to the date of the presidential preference primary; to provide
a date certain for the presidential preference primary; to change
the provisions relating to the proclamation of the presidential
preference primary by the Governor; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 5 of Chapter 2 of Title 21 of the Official
Code of Georgia Annotated, known as the "Georgia Presidential
Preference Primary Law, is amended by striking Code Section
21-2-191 in its entirety and inserting in lieu thereof a new Code
Section 21-2-191 to read as follows:
"21-2-191. As provided in this article, a presidential
preference primary shall be held in 1988 and every four
years thereafter for each political party or body which has
cast for its candidates for President and Vice President in
the last presidential election more than 20 percent of the
total vote cast for President and Vice President in the state,
so that the electors may express their preference for one
person to be the candidate for nomination by his party or
body for the office of President of the United States; provided,
however, that no elector shall vote in the primary of more
than one political party or body in the same presidential
preference primary. Such primary shall be held on March
8, 1988, and on the second Tuesday in March every four
GEORGIA LAWS 1986 SESSION
221
years thereafter. A state political party or body may by rule
choose to elect any portion of its delegates to that partys
or bodys presidential nominating convention in the primary;
and, if a state political party or body chooses to elect any
portion of its delegates, such state political party or body
shall establish the qualifying period for those candidates
for delegate and delegate alternate positions which are to
be elected in the primary and for any party officials to be
elected in the primary and shall also establish the date on
which state and county party executive committees shall
certify to the Secretary of State or the superintendent, as
the case may be, the names of any such candidates who
are to be elected in the primary.
Section 2. Said article is further amended by striking Code
Section 21-2-192 in its entirety and inserting in lieu thereof a
new Code Section 21-2-192 to read as follows:
21-2-192. It shall be the duty of the Governor to issue
his proclamation for such presidential preference primary,
a copy of which shall be transmitted promptly by the Secre-
tary of State to the superintendent of each county.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
222
GENERAL ACTS AND RESOLUTIONS, VOL. I
LIENS HOSPITALS AND NURSING HOMES.
Code Section 44-14-470 Amended.
No. 966 (Senate Bill No. 456).
AN ACT
To amend Code Section 44-14-470 of the Official Code of Geor-
gia Annotated, relating to liens of hospitals and nursing homes
for reasonable charges for the care and treatment of injured
persons, so as to provide that the creation of such liens shall
not be dependent upon the time elapsing from the date of injury
to the date such care and treatment is provided; to provide
for all related matters; to provide for an effective date and for
applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 44-14-470 of the Official Code of
Georgia Annotated, relating to liens of hospitals and nursing
homes for reasonable charges for the care and treatment of
injured persons, is amended by striking subsection (b) and insert-
ing in its place a new subsection to read as follows:
"(b) Any person, firm, hospital authority, or corporation
operating a hospital or nursing home in this state shall have
a lien for the reasonable charges for hospital or nursing
home care and treatment of an injured person, which lien
shall be upon any and all causes of action accruing to the
person to whom the care was furnished or to the legal repre-
sentative of such person on account of injuries giving rise
to the causes of action and which necessitated the hospital
or nursing home care, subject, however, to any attorneys
lien. This subsection shall not be construed to interfere with
the exemption from this part provided by Code Section 44-
14-474.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval and shall apply to charges for care and treatment ren-
dered on or after said effective date.
GEORGIA LAWS 1986 SESSION
223
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
MOTOR VEHICLE LICENSE PLATES MOREHOUSE
COLLEGE; MERCER UNIVERSITY; MACON JUNIOR
COLLEGE; VALDOSTA STATE COLLEGE.
Code Sections 40-2-29.4, 40-2-29.5, 40-2-29.6, and 40-2-29.7
Enacted.
No. 967 (Senate Bill No. 484).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, so as to provide for the issuance
of special license plates to commemorate the founding of More-
house College and for the issuance of a special license plate to
commemorate the founding of Mercer University and for the
issuance of a special license plate to commemorate the founding
of Macon Junior College and for the issuance of a special license
plate to commemorate the founding of Valdosta State College;
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 licens-
ing of motor vehicles in general, is amended by adding immedi-
ately after Code Section 40-2-29.3 a new Code Section 40-2-29.4
and a new Code Section 40-2-29.5 and a new Code Section 40-
2-29.6 and a new Code Section 40-2-29.7 to read as follows:
224 GENERAL ACTS AND RESOLUTIONS, VOL. I
"40-2-29.4. (a) To commemorate the founding of More-
house College there shall be issued in 1987 special license
plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Morehouse College. It shall not be a requirement
that a county name decal be affixed and displayed on license
plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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.
40-2-29.5. (a) To commemorate the founding of Macon
Junior College there shall be issued in 1987 special license
plates to commemorate the founding of that university.
Ob) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Macon Junior College. It shall not be a require-
ment that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing of motor vehicles and upon the payment of a $25.00
GEORGIA LAWS 1986 SESSION
225
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 I 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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.
40-2-29.6. (a) To commemorate the founding of Mercer
University there shall be issued in 1987 special license plates
to commemorate the founding of that university.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Mercer University. It shall not be a requirement
that a county name decal be affixed and displayed on license
plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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.
226 GENERAL ACTS AND RESOLUTIONS, VOL. I
40-2-29.7. (a) To commemorate the founding of Val-
dosta State College there shall be issued in 1987 special li-
cense plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Valdosta State College. It shall not be a require-
ment that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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 ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
GEORGIA LAWS 1986 SESSION
227
SEPTIC TANKS INSTALLATION; BUILDING PERMITS;
COUNTY BOARDS OF HEALTH; REGULATIONS.
Code Section 31-3-5.1 Enacted.
No. 969 (House Bill No. 1465).
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
and require county boards of health to adopt regulations provid-
ing standards and requirements governing the installation of
septic tanks within the unincorporated areas of counties; to pro-
vide requirements relative to county building permits and for
certain county ordinances or resolutions in connection there-
with; to provide for control over conflicting or inconsistent laws
or rules or regulations of the Department of Human Resources;
to provide for other matters relative to the foregoing; to provide
effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 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 31-3-5
a new Code Section 31-3-5.1 to read as follows:
"31-3-5.1. (a) In addition to the duties provided by
Code Section 31-3-5, each county board of health shall have
the power and duty to adopt regulations providing standards
and requirements governing the installation of septic tanks
within the unincorporated area of the county. Such regula-
tions shall include, but shall not be limited to, the following:
(1) Specifying the locations within the unincorpo-
rated area of the county where septic tanks may be in-
stalled and the locations where such installation is pro-
hibited;
(2) Specifying the minimum lot size or land area
which may be served by a septic tank;
228
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) The types of residences, buildings, or facilities
which may be served by septic tanks;
(4) Standards for the size and construction of septic
tanks;
(5) Permits for the installation of septic tanks prior
to such installation; and
(6) Inspection of septic tank installations prior to
the completion of the installation.
(b) No building permit for the construction of any resi-
dence, building, or other facility which is to be served by a
septic tank shall be issued by or pursuant to the authority
of a county governing authority unless the septic tank instal-
lation permit is in conformity with the rules and regulations
of the county board of health adopted pursuant to the author-
ity of subsection (a) of this Code section. No person, firm,
corporation, or other entity shall install a septic tank in
violation of the regulations of a county board of health
adopted pursuant to the authority of subsection (a) of this
Code section. Each county governing authority shall provide
by ordinance or resolution for the enforcement of the provi-
sions of this subsection.
(c) The regulations of a county board of health adopted
pursuant to the authority of subsection (a) of this Code sec-
tion shall control over any conflicting or inconsistent rules
or regulations of the Department of Human Resources
adopted pursuant to Chapter 2 of this title or pursuant to
any other law. To the extent that the provisions of this Code
section are inconsistent or in conflict with the provisions
of Chapter 2 of this title or any other law, the provisions
of this Code section shall control over such inconsistent or
conflicting laws.
Section 2. This Act shall be effective upon its approval
by the Governor or upon its otherwise becoming law for the
administrative purpose of county boards of health and county
governing authorities adopting regulations and ordinances or
resolutions pursuant to quoted Code Section 31-3-5.1 of Section
1 of this Act to become effective on July 1, 1986. This Act shall
be effective for all purposes on July 1, 1986.
GEORGIA LAWS 1986 SESSION
229
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 20, 1986.
ACT PROVIDING COMPENSATION OF OFFICERS OF
COUNTIES OF 190,000 - 210,000 REPEALED.
No. 1107 (House Bill No. 1554).
AN ACT
To repeal an Act entitled "An Act to provide for the compen-
sation of certain officers of counties of this state having a popula-
tion of not less than 190,000 nor more than 210,000 according
to the United States decennial census of 1980 or any future
such census; to provide an effective date; to repeal conflicting
laws; and for other purposes., approved April 12, 1982 (Ga.
L. 1982, p. 4382); 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 entitled "An Act to provide for the com-
pensation of certain officers of counties of this state having a
population of not less than 190,000 nor more than 210,000 ac-
cording to the United States decennial census of 1980 or any
future such census; to provide an effective date; to repeal con-
flicting laws; and for other purposes., approved April 12, 1982
(Ga. L. 1982, p. 4382), is repealed in its entirety.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
230
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 25, 1986.
APPALACHIAN JUDICIAL CIRCUIT TERMS OF COURT.
Code Section 15-6-3 Amended.
No. 1110 (House Bill No. 1589).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of court of the superior courts,
so as to change the terms of court for the superior courts of
the Appalachian Judicial Circuit; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-6-3 of the Official Code of Geor-
gia Annotated, relating to terms of court of the superior courts,
is amended by striking paragraph (2.1) thereof in its entirety
and substituting in lieu thereof a new paragraph (2.1) to read
as follows:
"(2.1) Appalachian Circuit:
(A) Fannin County Second Monday in May and
second Monday in November.
(B) Gilmer County Second Monday in April and
second Monday in October.
(C) Pickens County Second Monday in March and
second Monday in September.
GEORGIA LAWS 1986 SESSION
231
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 March 25, 1986.
WESTERN AND ATLANTIC RAILROAD AMENDMENT
OF LEASE TO SEABOARD SYSTEM RAILROAD, INC.
No. 58 (House Resolution No. 500).
A RESOLUTION
Relating to the acceptance of the offer of the lessee, Seaboard
System Railroad, Inc., successor by merger to the Louisville
and Nashville Railroad Company, to amend the lease of the
Western and Atlantic Railroad dated March 4, 1968, and ap-
proved by the General Assembly on March 4, 1968 (Ga. L. 1968,
p. 54); to provide for an effective date; to repeal conflicting laws;
and for other purposes.
WHEREAS, on March 4,1968, the State of Georgia executed
an agreement to lease ("lease) the Western and Atlantic Rail-
road to the Louisville and Nashville Railroad Company, for a
term which commenced December 27,1969, and which is sched-
uled to expire December 31, 1994; and
WHEREAS, said lease was duly proposed by the State Prop-
erties Control Commission, successfully bid upon by the Louis-
ville and Nashville Railroad Company as lessee, and approved
for execution by the General Assembly on March 4, 1968 (Ga.
L. 1968, p. 54), all of which was done in accordance with the
then State Properties Control Code; and
WHEREAS, Section 22 of said lease provides that the Gen-
eral Assembly may appoint such other authority as it may desig-
232
GENERAL ACTS AND RESOLUTIONS, VOL. I
nate to perform duties on behalf of the state in connection with
the lease; and
WHEREAS, by action of the General Assembly, the State
Properties Commission ("Commission) has succeeded to the re-
sponsibilities of the former State Properties Control Commission
with modified power and authority as provided particularly in
paragraph (12) of Code Section 50-16-34 of Article 2 of Chapter
16 of Title 50 of the Official Code of Georgia Annotated, known
as the "State Properties Code; and
WHEREAS, Seaboard Railroad Systems, Inc. ("Seaboard)
by corporate merger is the successor in law and interest to the
Louisville and Nashville Railroad Company as lessee under the
lease; and
WHEREAS, the Commission and Seaboard have together
determined that amendments to said lease would be of mutual
benefit to both the state and the lessee, including in part an
extension of the term of said lease, an increase in rent, formal
recognition of Seaboard as successor of the Louisville and Nash-
ville Railroad Company, and otherwise; and
WHEREAS, the State Properties Code empowers the State
Properties Commission to negotiate and prepare for submission
to the General Assembly amendments to an existing lease and
further provides procedures to be followed in connection there-
with; and
WHEREAS, the Western and Atlantic Railroad is not needed
in any way for the operations of the various departments of
state government; and
WHEREAS, pursuant to the aforesaid provisions of law, the
State Properties Commission at a duly called meeting on Sep-
tember 26, 1985, approved a proposed amendment to said lease;
and
WHEREAS, pursuant to the aforesaid provisions of law, Sea-
board has tendered four original counterparts of the amend-
ment, properly signed and attested in the manner required for
recording, thereby making to the state its binding offer to enter
into said agreement; and
GEORGIA LAWS 1986 SESSION
233
WHEREAS, an exact copy of said amendment is annexed
as an Appendix to this resolution.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED
BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the offer of Seaboard to enter into the
proposed amendment annexed hereto is accepted, and the chair-
man of the State Properties Commission in his capacity as Gov-
ernor of the state shall execute and deliver to said lessee the
amendment for and on behalf of and in the name of the state,
as provided by law.
Section 2. This resolution shall become effective as law
upon its approval by the Governor or upon its becoming law
without such approval.
Section 3. All laws and parts of laws in conflict with this
resolution are repealed.
AMENDMENT OF LEASE CONTRACT
WESTERN AND ATLANTIC RAILROAD
December 28, 1969 - December 31, 1994
AMENDMENT
for
January 1, 1986 - December 31, 2019
THIS AGREEMENT, dated this______day of_______, 1986,
between the STATE OF GEORGIA (hereafter referred to as
the "State) and the SEABOARD SYSTEM RAILROAD, INC.,
a corporation incorporated in the Commonwealth of Virginia
(hereinafter sometimes referred to as "Lessee or "Seaboard);
WITNESSETH THAT:
WHEREAS, on March 4, 1968, the State of Georgia leased
the Western and Atlantic Railroad to the Louisville and Nash-
ville Railroad Company by an agreement entitled, "Lease Con-
tract Western and Atlantic Railroad, the term of which com-
menced December 28, 1969, and was then scheduled to expire
December 31, 1994 (the "Lease);
234
GENERAL ACTS AND RESOLUTIONS, VOL. I
AND, WHEREAS, said Lease was duly proposed by the State
Properties Control Commission, successfully bid upon by the
Louisville and Nashville Railroad Company as Lessee, and ap-
proved for execution by the resolution of the General Assembly
approved March 4, 1968, and reported at Ga. Laws 1968, pp.
54-112, all of which was done in accordance with the then "State
Properties Control Code, Georgia Laws, 1964, pp. 146, as
amended, Ga. Laws, 1965, pp. 249 and 663 [former Georgia Code
Annotated Sections 91-101a et seq.] repealed, Ga. Laws 1973,
pp. 857;
AND, WHEREAS, section twenty-two of said Lease provides
that the General Assembly may appoint such other authority
as it may designate to perform duties on behalf of the State
in connection with the Lease;
AND, WHEREAS, by act of the General Assembly, the State
Properties Commission ("Commission) has succeeded to the re-
sponsibilities of the former State Properties Control Commission
with modified power and authority as provided in the "State
Properties Code, O.C.G.A. 50-16-30 et seq., as amended and
in particular O.C.G.A. 50-16-34 as amended by Act No. 721,
of the 1985 session of the General Assembly, approved April
10, 1985 [Ga. Laws 1985, pp. 1408];
AND, WHEREAS, Seaboard by corporate merger is the suc-
cessor to the Louisville and Nashville Railroad Company as Les-
see under the Lease;
AND, WHEREAS, the Commission and Seaboard have to-
gether determined upon amendments to said Lease of mutual
benefit to the State and the Lessee, including in part an exten-
sion of the term (period of time) of said Lease, an increase in
rent, formal recognition of Seaboard as successor through
merger of the Louisville and Nashville Railroad Company, and
otherwise;
AND, WHEREAS, the State Properties Code empowers the
State Properties Commission in part to:
"(12) Negotiate and prepare for submission to the
General Assembly amendments to any existing lease,
GEORGIA LAWS 1986 SESSION
235
which amendments shall not, for the purposes of para-
graph (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;
(B) That unless otherwise provided in the lease
as first executed or as heretofore amended;
(i) The Commission shall prepare each amend-
ment in at least four counterparts all of which
shall immediately be signed by the lessee, whose
signature shall be witnessed in the manner re-
quired 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 re-
jected by the General Assembly or the Governor
as provided in this Code section. A resolution con-
taining an exact copy of the amendment, or to
which an exact copy of the amendment is at-
tached, shall be introduced in the General Assem-
bly 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 reso-
lution, 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 dur-
ing the regular session, by a constitutional major-
ity 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
236
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Gover-
nor; and
(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 condi-
tions of the amendment and the resolution, if
there are any, have been fulfilled or complied
with, the chairman of the commission in his capac-
ity 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 Gover-
nors 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 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 Chair-
man of the Public Utilities Committee of the Sen-
ate and that State Institutions and Property Com-
mittee of the House.
O.C.G.A. 50-16-34 (12), as amended by Act No. 721 of the 1985
Session of the General Assembly, approved April 10, 1985 [Ga.
Laws 1985, pp. 1408];
AND, WHEREAS, in accord with said procedure, such an
amendment (this "Amendment) has been agreed upon between
Seaboard and the Commission, duly executed in four counter-
parts as an offer by the Lessee, and submitted to the General
Assembly pursuant to Commission resolution of September__,
1985;
AND, WHEREAS, in further accord with said procedure,
the General Assembly has approved the Amendment as pro-
posed and authorized its execution by the Chairman of the State
GEORGIA LAWS 1986 SESSION
237
Properties Commission, acting in his capacity as Governor and
on behalf of the State of Georgia, Resolution Act No._of
the 1986 Session of the General Assembly, approved______
_____________, 1986.
NOW, THEREFORE, THIS INDENTURE, as an Amend-
ment to said Lease is made and entered into on this_day of
___________, in the year of our Lord One Thousand Nine Hun-
dred and Eighty-six, by and between the said STATE OF GEOR-
GIA (hereinafter referred to as "State), acting through its State
Properties Commission, and the said SEABOARD SYSTEM
RAILROAD, INC.
WITNESSETH:
In consideration of increased rent in favor of the State and
an extended term in favor of Seaboard, and in consideration
of other changes, be it agreed that the Lease shall be amended
to read as follows as of the 1st day of January, 1986:
ARTICLE ONE: The State, under and by authority of the
State Properties Code, O.C.G.A. 50-16-30 et seq., as amended,
and subject to, upon and in consideration of the premises and
of the terms, conditions, covenants and stipulations herein set
forth, does hereby extend the term of the Lease for an additional
twenty-five years so that the term of this Amendment shall
be 34 years beginning on the 1st day of January, 1986, and
ending on December 31, 2019, and does hereby lease to said
Lessee, viz; to SEABOARD SYSTEM RAILROAD, INC., as suc-
cessor to Louisville and Nashville Railroad Company, the State-
owned property known as the Western and Atlantic Railroad
(a railroad running from the City of Atlanta, in the State of
Georgia, to the City of Chattanooga, in the State of Tennessee),
as more fully shown outlined in red on maps filed in the office
of the Commission in Atlanta, Georgia, which maps have been
duly endorsed by the Secretary of that Commission, for identifi-
cation purposes, as being those referred to herein (including
the railroad properties more specifically enumerated on the
"Sidetrack Facilities List, such list to be updated annually on
or before April 20, attached to said maps and similarly en-
dorsed); said lease to include the property so delineated on said
maps and in said list and all tracks, bridges, culverts, signals,
buildings, communication lines, depots and all other structures
located on said property, subject to the following Exceptions:
238
GENERAL ACTS AND RESOLUTIONS, VOL. I
Except to the extent that air rights were, as of December
28, 1969, occupied by any structure used for railroad purposes,
and except to the extent that Lessee may reasonably require
the use of subsurface space for railroad operating purposes, this
Lease does not include air rights, mineral rights or sub-surface
easements, the State reserving the air rights (including the right
of necessary supports and appurtenances), mineral rights and
sub-surface easements and, except as provided below, the exclu-
sive right to grant the same but agreeing that it will not, without
the written consent of Lessee, which consent may not be unrea-
sonably withheld, grant any such rights to any others or itself
use air space or subsurface easements or exploit minerals (i)
if such grant or the exercise of rights granted thereby or such
use or exploitation will result in loss of support to or unreasona-
ble interference with the leased property, including tracks or
structures located thereon, or (ii) if such grant or the exercise
of rights granted thereby or such use or exploitation will other-
wise unreasonably interfere with the enjoyment of the leased
property, including tracts and structures, for railroad purposes
or with the enjoyment of the operation thereof for railroad pur-
poses, or (iii) if such grant or the exercise of rights granted
thereby or such use or exploitation will reduce the clearance
to a distance of less than 23 feet vertically above the top of
the rails of said tracks or alongside any track to a distance
less than 18 feet from the centerline thereof, the said 18 foot
clearance to extend uniformly from a vertical extension upward
of the said center line for a distance of twenty-three feet, pro-
vided that
(1) in those areas where, as of July 1,1966, there were struc-
tures limiting vertical clearances to less than twenty-three feet
or there were horizontal clearances of less than eighteen feet,
the clearances existing on July 1, 1966 shall govern;
(2) in those areas where, as of July 1,1966, there were grants
of air rights providing for a lesser clearance than the said
twenty-three foot and eighteen foot clearances, such lesser clear-
ances shall govern, and, provided further, that if in any of said
areas, additional clearance shall become available, whether by
reconstruction, modification, or demolition of any such struc-
tures, or otherwise, said additional clearance shall accrue to
the benefit of the Lessee to a maximum of twenty-three feet
above the top of the rails and of eighteen feet horizontally from
GEORGIA LAWS 1986 SESSION
239
the centerline of the nearest track, except that where existing
viaducts over the rails have a clearance of less than 23 feet,
adjoining air space structures may be so constructed as to have
viaduct level access, provided no part of said structures (except
necessary supports and appurtenances) shall extend below the
lowest point of said viaduct, which structures the State shall
require to be so designed and constructed as to allow, as nearly
as practicable, a clearance of at least 23 feet above the top of
the rail, and, provided further, that should any additional clear-
ance become available by reason of any track being lowered,
such additional clearance shall accrue in toto to the benefit of
Lessee.
Notwithstanding the foregoing provisions, the minimum
clearances in the event that power lines or communications
lines, whether those of Lessee, the State or other persons, firms
or corporations, shall intrude into the air space above the leased
property, shall be not less than those specified from time to
time by the Association of American Railroads for its member
roads, or, for power lines or communications lines installed on
or after the date of this Amendment, the National Electrical
Safety Code.
The State and the Lessee agree that in the event of exploita-
tion of air, mineral, or sub-surface easement or rights, the State
may require a relocation of tracks, but only if
(1) such relocation is necessary to permit the placement of
any pillar or column providing support to a structure con-
structed in the use of air rights described in this Article One
and
(2) there is no point at which said pillar or column can be
placed consistent with sound engineering practices without ne-
cessitating the relocation of any track, and
(3) neither such relocated track nor the work of relocation
will unreasonably interfere with the use by Lessee of the proper-
ties leased herein, or unreasonably reduce the operating capac-
ity or operating convenience of said properties, whether only
in the immediate vicinity of said relocated track or elsewhere
on the said properties, and
240
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) such relocation, including acquisition of additional land,
and all other work and modifications of other tracks and struc-
tures necessitated by such relocation are to be performed with-
out cost to Lessee or any sublessee of Lessee and at such reasona-
ble times and in accordance with such reasonable standards
and specifications as may be established by Lessee.
Notwithstanding the vertical clearance limits specified here-
inabove, Lessee and its sublessees may erect such structures
(including any structures erected pursuant to a subletting quali-
fying under clause (3) of the first literary paragraph of Article
Eleven of this lease) as they may from time to time deem neces-
sary or desirable for railroad operating purposes and such struc-
tures may extend and continue to extend into the then unoccu-
pied air space above the clearance limits referred to in this
Article One so long as necessary or desirable or until such time
or times as the State exercises the power to clear such air space
as reserved to it in the next succeeding paragraph of this Article.
Lessee agrees that it will, within a reasonable time prior to
erecting such structures fully consult with the Commission to
determine what, if any, plans are being considered which may
be affected by such work and structures and that due consider-
ation will be given to such plans.
The State, in granting air rights, may provide for the re-
moval of structures then occupying any part of the air space
contained within such grant, such removal to take place not
before the grantee of such air rights commences the work of
construction in exploitation of such rights, provided that such
removal shall be performed without cost to Lessee or any subles-
see of Lessee and at such reasonable time or times and in accor-
dance with such reasonable standards and specifications as may
be established by Lessee and provided, further, that adequate
replacement structures reasonably satisfactory to Lessee (and
a sublessee, if one be affected) as to location, design, physical
condition and facilitation of its operations (including those of
a sublessee, if one be affected) shall be provided without cost
to Lessee or any sublessee of Lessee, the work of replacement
to be performed at such reasonable time or times and in accor-
dance with such reasonable standards and specifications as may
be established by Lessee, provided that any replacement struc-
tures provided under this section (or structures provided as
temporary substitute for such replacement structures) shall be
completed and available for use prior to commencing the
GEORGIA LAWS 1986 SESSION
241
work of removal or relocation of the existing structures being
replaced.
The State also agrees that, at the request of the Lessee, it
will negotiate with the Lessee the need in such air rights areas
for increased clearances for railroad operations and if it finds
the proposed adjustments to be in the best interest of the State
and the Western and Atlantic Railroad, this lease shall be re-
opened, amended or supplemented, for the purpose only of pro-
viding such increased clearances as are found reasonable, upon
such terms and conditions as may be agreed to by the State,
the decision of the State as to such reopening, amending or
supplementing to be final. Lessee agrees that it will, within a
reasonable time prior to erecting such structures fully consult
with the Commission to determine what, if any, plans are being
considered which may be affected by such work and structures
and that due consideration will be given to such plans.
If any air, mineral or sub-surface easement or other rights
shall be granted by the State, the State shall confer with the
Lessee a reasonable time prior to making such grant and there
shall be included in the agreements by which said rights are
granted or made from time to time such reasonable conditions,
consistent with the provisions of this lease, on the use, exercise
and exploitation of said rights as may be required for the purpose
of assuring to Lessee operation of the leased properties in a
safe, convenient, expeditious, economical and healthful manner.
If the State shall itself use, exercise, or exploit any such rights
it shall do so consistently with such reasonable conditions as
may be required.
Except to the extent the State has the power under such
grants to impose such restrictions, none of the air rights restric-
tions hereinabove contained shall apply to those air rights
grants made by the State prior to July 1, 1966. However, in
approving plans and specifications relating to, and in establish-
ing or imposing conditions and standards upon, the use, exercise
and exploitation of any air, mineral or other rights, that may
have been granted by the State prior to December 28, 1969,
the State shall likewise confer with the Lessee a reasonable
time prior to such approval, establishment or imposition and
shall, to the extent the State has the power under such grants
so to do, establish or impose on the use, exercise and exploitation
of said air, mineral or sub-surface easement or other rights such
242
GENERAL ACTS AND RESOLUTIONS, VOL. I
reasonable conditions and standards, consistent with the provi-
sions of this lease, as may be required for the purpose of assuring
to Lessee operation of the leased properties in a safe, convenient,
expeditious, economical and healthful manner.
With the prior written concurrence of the Commission, in
its reasonable discretion both as to form and substance, and
subject to the foregoing reservations and exceptions including
the reservation of mineral rights, Lessee may grant easements
or make subleases, which provide non-exclusive, subsurface use
of the property. Such an easement may be permanent or for
any term, and such a sublease may be for any term, including
a term beyond the term of this Lease. The recipient of such
an easement or sublease may be Lessee, an affiliate of Lessee
or any third party not an affiliate of Lessee. Without limiting
the Commissions reasonable discretion to determine other
terms upon which it will concur, when the recipient is a third
party not an affiliate of Lessee, the transaction is a bona fide
arms-length transaction solely for monetary consideration, and
neither Lessee nor an affiliate of Lessee shall or might receive
any separate consideration or benefit (including return on in-
vestment) for the easement or sublease or in connection with
or as a result of the activity for which it is granted or made,
Lessee shall pay to the State as its share of the consideration
an amount equal to one-half of the sale price where an easement
is granted or one-half of the rental where a sublease is made
as provided in Article Eleven. In any other circumstance and
without limiting the Commissions reasonable discretion to de-
termine other terms upon which it will concur, the Commission
may determine the consideration upon which it will concur in
the sublease or easement. All consideration to be paid for such
an easement or sublease after December 31, 2019, shall be paid
solely to the State. Again, without limiting the reasonable dis-
cretion of the Commission to determine or fix the terms of its
concurrence, i.e. by way of illustration only, the Commission
may determine the relationships of privity and estate among
the State, Lessee, and the recipient of an easement or sublease
granted or made under this paragraph. This paragraph, in creat-
ing a qualified power in Lessee (subject to concurrence by the
Commission) does not qualify the States foregoing reservation
of subsurface rights and the power to grant them. For purposes
of this paragraph, an affiliate shall mean any corporation, indi-
vidual, person, partnership, joint venture or other entity or asso-
GEORGIA LAWS 1986 SESSION
243
ciation, which directly or indirectly controls or is controlled
by or is under common control with Lessee. For this purpose,
"control shall mean the possession, directly or indirectly,
shared or unshared, of the power to direct or cause the direction
of the management and policies of such affiliate, whether
through the ownership of voting securities or by contract or
otherwise, or to participate in its return on investment or busi-
ness enterprise.
Nothing in this lease shall operate to prevent Lessee from
recovering from any person, firm or corporation compensation
for and reimbursement of any loss, expenses or damage suffered
by Lessee by reason of the action or omission of any such person,
firm or corporation or its employees, agents or servants in the
use or exploitation of any air, mineral or sub-surface rights.
No action for such loss, expenses or damage shall lie against
the State except on the grounds of breach of contract.
All being the property of the State of Georgia, and which
the General Assembly of the State of Georgia, by authority
hereinbefore mentioned, authorized the Commission to lease.
ARTICLE TWO: Subject to and in accordance with the terms,
limitations and provisions of this contract of Lease and of the
several Acts of the General Assembly authorizing the same,
the State, as lessor, hereby grants to Lessee the right to possess
and enjoy the use of said properties leased herein and further
covenants that the State will not interfere in the quiet and
peaceable possession and enjoyment of all the property herein
leased to the Lessee.
ARTICLE THREE: In view of the participation of each in
the preparation of this lease, the State and Lessee agree that
if it becomes necessary to construe any of the provisions of this
lease, there shall be no presumption for or against either party
on the ground of its participation in such preparation.
ARTICLE FOUR: The said Lessee covenants and agrees that
as rent for the said Western and Atlantic Railroad during the
term of this Amendment it will pay into the treasury of the
State a base annual rental of FOUR MILLION TWO HUNDRED
NINETY THREE THOUSAND DOLLARS ($4,293,000.00). Said
base annual rental shall be the rental for the first calendar
244
GENERAL ACTS AND RESOLUTIONS, VOL. I
year of this Lease as amended (this Amendment), commencing
January 1, 1986. Each succeeding calendar year of this lease
Lessee shall pay, in addition to said base annual rental* an
amount equal to the product obtained by multiplying the said
base annual rental by an escalation factor of 2.5 per cent times
the number of calendar years the lease has run through the
end of the preceding year. Such annual rentals are to be paid
in equal monthly installments in advance, on or before the first
day of each and every month during the period of the lease.
Lessee shall also pay additional rent annually to the State
in such an amount, if any, as may be necessary to cause the
total annual rent for the then-current year to the State under
this Article Four of the Lease to equal 0.1627 percent of Lessees
railway operating revenues for the then-current year. The addi-
tional annual rental, if any, so computed shall be paid to the
State on or before April 1 of the year following the year for
which due. If Lessee defaults on payment of said additional
annual rental by that date and if said additional annual rental
is not paid within 30 days after notice of said default is given
to Lessee by the State, the State may, at its option, declare
this lease forfeited with all the penalties of forfeiture as provided
in this Article Four.
The parties recognize that Lessee or a successor lessee may,
after the date of execution of this lease, be a party to a corporate
merger, consolidation or other transaction, whether or not sub-
ject to the approval of and authorization by the Interstate Com-
merce Commission ("ICC), by which the properties producing
railway operating revenues of Lessee (or those of a successor
lessee) during the term of this lease may be materially enlarged
or increased. It is the intention of the parties that, in case of
any such corporate merger, consolidation or other transaction,
an adjustment be made in the 0.1627 percent factor used to
compute the additional rental provided for in the second para-
graph of this Article Four, the purpose of the adjustment being
to allow such additional rental thereafter to be so computed
as to be related only to the railway operating revenues produced
by SEABOARD SYSTEM RAILROAD, INC., lines as those lines
were constituted on December 31, 1985, including the lines of
the Western and Atlantic Railroad as those lines were consti-
tuted on December 31, 1985. To that end, in the event of such
a merger, consolidation or acquisition, the Lessee or a successor
GEORGIA LAWS 1986 SESSION
245
Lessee, shall promptly notify the Commission at the time it
files any application for approval or notice of exemption with
the ICC, for approval or exemption of any future merger, consoli-
dation or acquisition or, if none is required, then 90 days before
such a transaction is consummated. The adjustment in the said
factor shall be made by relating the railway operating revenues
of Lessee or successor lessee, as the case may be, including those
of the Western and Atlantic Railroad, for the fifth year prior
to the year of the effective date of merger, consolidation or other
transaction, to the sum of the railway operating revenues of
Lessee or successor lessee, as the case may be (including those
of the Western and Atlantic Railroad) plus the railway operating
revenues of the other company or companies which are parties
to the merger, consolidation or other transaction or of the prop-
erties merged, consolidated or acquired for the said fifth year,
and therefrom deriving a new percentage which shall, for the
years of the lease term subsequent to the year of the effective
date of such merger, consolidation or other transaction, or to
the year of the request of Lessee for such adjustment, whichever
is later, be applied to the railway operating revenues of Lessee
or successor lessee, as the case may be, in such manner as to
fulfill the purpose of said adjustment, or by such other method,
prescribed by the ICC or acceptable to the parties, as shall permit
the computation of said additional rental so that it shall thereaf-
ter be related only to the railway operating revenues produced
by the SEABOARD SYSTEM RAILROAD, INC., lines as those
lines were constituted on December 31,1985, including the lines
of the Western and Atlantic Railroad as those lines were consti-
tuted on December 31, 1985.
The railway operating revenues referred to in this Article
Four shall be determined by reference to the pertinent annual
reports to the ICC, and those reports and revenues of Lessee
shall include railway operating revenues from Lessees opera-
tion of the Western and Atlantic Railroad. If reports to the
ICC are no longer provided for by law, the Lessee shall compile
said reports as if said most recent ICC provision remained in
effect. The adjustment to the factor shall be applied subsequent
to the time and date of any future merger, consolidation or
acquisition to the extent, and in the manner necessary to reflect
the effect of such merger, consolidation or acquisition, and Les-
see or successor Lessee shall request such adjustment prior to
the effective time and date of such future merger, consolidation
246
GENERAL ACTS AND RESOLUTIONS, VOL. I
or acquisition. If the Commission shall question the correctness
of the adjustment to the factor, and it shall fail to come to
agreement with the Lessee with respect thereto, the matter
in dispute shall be submitted to arbitration in the manner now
provided in the laws of the State of Georgia. O.C.G.A. 9-9-
30 through 9-9-51.
The said Lessee further agrees to deposit with the Commis-
sion a surety bond or bonds issued by an insurer or insurers
having a certificate of authority to act as surety in the State
of Georgia in the amount of one half of one years base rental.
Either by rider to the existing bond or by new bond, Lessee
shall provide such surety so as to continue under bond Lessees
obligations under the Lease prior to this Amendment in the
amount then provided and to establish and continue under bond
Lessees obligations under and as of this Amendment in the
amount newly provided.
The surety bond(s) so deposited by the Lessee shall be re-
garded merely as collateral security for the faithful performance
by the Lessee of the terms of this Lease Contract, including
this Amendment, and shall not be held as exhaustive of other
rights of the State, as Lessor. And after said bond(s) have been
applied, in whole or in part, as damage penalty or forfeiture,
for any act done, or omitted to be done, or any violation of
the term of the Lease as herein provided, the Lessee shall be
liable further to the State for any damage caused by any breach
or forfeiture under such contract by such Lessee and not com-
pensated for by such application.
In the event the Lessee shall fail or refuse to pay the afore-
said monthly rental to the State within twenty days after the
time named in this Article for the payment of such monthly
rental, the State may collect out of the security on deposit with
it the amount of such unpaid rental. If at any time the Lessee
shall be in default in an amount as much as six months rental,
or if the Lessee fails or refuses to comply with this Lease Con-
tract or breaches any of the covenants or conditions thereof,
the State, at its option, may declare this Lease forfeited and
take such steps as required by law for approval of lease to such
other party or for such other method of operation as the State
may elect. And after execution of such action the State may
apply the remaining security deposited as damages on account
of the forfeiture, as far as the same may go.
GEORGIA LAWS 1986 SESSION
247
ARTICLE FIVE: (1) The Lessee agrees that it will at all
times during the continuance of this Lease keep and maintain
the main track(s) of said railroad at least to Class III standards
as designated by the Federal Railroad Administrations track
safety standards in effect on October 1, 1984; (2) Lessee further
agrees that it will at all times during the continuance of this
Lease keep and maintain all other property of said railroad,
including the buildings, structures and appurtenances of the
properties and including facilities added to the property of the
State under Articles One and Six in a reasonably safe and sound
condition for the use intended.
Lessee further agrees that it will exert its best efforts in
good faith to obtain the location of new industries, as well as
the expansion of existing industries, upon the Western and At-
lantic Railroad to the same extent that it solicits the locations
and/or expansion of industries along the lines of railroad which
it owns, operates or controls. Lessee shall furnish to the Commis-
sion, not later than April 20 of the following year, a written
report for the preceding calendar year of industries located or
expanded on both the Western and Atlantic Railroad and any
competing lines of railroad which it owns, operates or controls.
Lessee further agrees that it will comply fully and in all
respects, except for emergency detours, with routing instruc-
tions received from shippers requesting or directing that their
shipment be forwarded in whole or in part over the Western
and Atlantic Railroad and will not prefer its own competing
lines in the movements of traffic not routed by shippers.
ARTICLE SIX: It is further agreed as a part of the consider-
ation of this Lease agreement that, in addition to and exclusive
of such expenditures as may be required for the proper repair
and maintenance of said railroad and its properties, the Lessee
shall during the period of this Amendment debit an account
called "Additions and Betterments of the Western and Atlantic
Railroad not less than $12,500,000. (An addition is new con-
struction for railroad purposes and includes also right of way
acquired as access to shippers and receivers of freight. A better-
ment is an improvement in the quality of track or line of road,
including reduction or elimination of curves and grades, elimina-
tion of tunnels or bridges, removal of tracks from an unstable
grade to a more stable grade, and projects whereby tracks,
248
GENERAL ACTS AND RESOLUTIONS, VOL. I
switches, signals or other facilities are relocated for the purpose
of improving the operating or maintenance characteristics of
the railroad and the enlargement or enhancement of existing
buildings and structures used for railroad purposes.) It is in-
tended that $7,000,000 of said Additions and Betterments shall
be expended (and debited to said account) at a rate of not less
than $1,000,000 per five-year period beginning on January 1,
1986, (the final period being the balance of four years duration).
The remaining $5,500,000 of said $12,500,000 may be expended
by the Lessee as and when deemed by it expedient and desirable
during the term of the Amendment.
At the end of each such five-year period, any expenditures
in excess of $1,000,000 charged to said account during that pe-
riod shall be preserved and carried over to the new five year
period, and any unexpended portion of the $1,000,000 scheduled
to be expended and debited to said account during that period
shall be expended during the subsequent five-year period and
failing to be spent during this period will be paid over to the
State at the expiration of said subsequent period at the time
that the report hereinafter in this Article Six required is made.
If, at the termination of the Lease by maturity or for any
cause prior to maturity, the Lessee shall have expended and
debited to said Additions and Betterments account less than
an average of $367,647.06 per year during the term the Lease
has run when terminated, the amount of any deficiency not
so expended and debited shall be paid over to the State, less
such sums as shall theretofore have been paid over to the State
under the terms of the next preceding paragraph. Should the
amount debited to such account be greater than the amount
determined by multiplying $367,647.06 by the number of years
the lease has run, the State does not agree to make, nor does
the Lessee expect to receive, any payment by reason of such
difference, except in the event that due to unforeseen circum-
stances or technological improvements in the railroad transpor-
tation industry conditions would indicate that extraordinary
expenditures for additions and betterments should prudently
be made, the conditions above will not preclude the Lessee from
seeking the permission and the participation of the State in
making and paying for such extraordinary additions and better-
ments, nor preclude the State from granting such permission
and so participating.
GEORGIA LAWS 1986 SESSION
249
Amounts so debited to the Additions and Betterments ac-
count shall be as determined by the Uniform System of Accounts
for Railroad Companies, as currently or most recently prescribed
by the ICC at the time of the respective charges.
All additions and betterments so made and charged to said
account and all other lands, tracks and structures so acquired
or constructed and debited to said account, shall thereupon be
and become the property of the State of Georgia, and shall be-
come subject to the provisions of this Lease, and without offset
of any kind and character whatsoever.
For purposes of this lease, improvements to line of road shall
include, but not be limited to, projects whereby tracks, switches,
signals or other facilities are relocated for the purpose of improv-
ing the operating or the maintenance characteristics of the rail-
road, reduction or elimination of curves and grades, elimination
of tunnels or bridges and removal of tracks from an unstable
subgrade to a more stable subgrade.
The Lessee shall annually, on or before the 20th day of April
in each and every year, prepare and file with the Commission,
a statement showing in detail the character and extent of the
improvements, betterments and additions claimed to have been
made and taken into account by the Lessee during the preceding
calendar year ended December 31, which statement shall show
the specific character of each expenditure and the amount
thereof for which credit is claimed by the Lessee. The Commis-
sion shall examine such statement and account, and if found
correct shall endorse approval thereon within sixty (60) days
after submission thereof and file the same with the records of
the Western and Atlantic Railroad.
In addition, the Lessee will supply the State with one com-
plete set of valuation maps of the Western and Atlantic Railroad
with such maps to be kept current by the filing of revisions
thereto of changes made in the railroad property and tracks.
Such revised maps shall be filed not later than April 20 of each
year.
If the said Commission shall question the correctness or pro-
priety of the statement or of any item or charge contained
therein or any revision of valuation maps, and if it shall fail
250
GENERAL ACTS AND RESOLUTIONS, VOL. I
to come to an agreement with the Lessee with respect thereto,
the matter in dispute shall be submitted to arbitration in the
manner as is now provided in the laws of the State of Georgia
in O.C.G.A. 9-9-30 through 9-9-51.
ARTICLE SEVEN: It is understood and agreed that in mak-
ing improvements and betterments for the use and operation
of the Western and Atlantic Railroad the Lessee shall, insofar
as it properly may, construct and maintain the same upon the
property of the State, to the end that the integrity of the Western
and Atlantic Railroad for the uses of transportation shall be
preserved and facilitated.
ARTICLE EIGHT: The State will give its consent to the
revision and double-tracking of the line as deemed desirable
by Lessee, and will cooperate in securing the land necessary
therefor, at the expense of Lessee.
It is understood and agreed that no substantial departure
in the route or direction of the line of railroad, nor abandonment
or discontinuance of any part of the line as now constructed
and operated, shall be made or permitted without the previous
consent of the State.
ARTICLE NINE: To the fullest extent permitted by law,
Lessee hereby agrees to indemnify and hold the State harmless
for any costs, liability or expense incurred by the State as owner
of the Western and Atlantic Railroad and arising out of Lessees
use or maintenance of the railroad properties except for any
cost, liability or expense resulting from the States gross negli-
gence or willful misconduct.
ARTICLE TEN: It is hereby determined and declared by
the State and the Lessee that nothing contained in this agree-
ment is intended to exempt from ad valorem taxes or subject
to ad valorem taxes the interests of Lessee created by this agree-
ment. In the event said properties or any interests therein are
declared subject to ad valorem taxation of whatsoever nature
in Georgia, by a final decision of a court of competent jurisdic-
tion, then any such sums or taxes, including any interest and
penalties occasioned by the actions or defaults of the State, shall
be the responsibility of the State and be paid by the State. Lessee
agrees it will defend against any effort to levy ad valorem taxes
on said property and interests therein, and that Lessee will
prosecute and defend any necessary appeals to the highest State
GEORGIA LAWS 1986 SESSION
251
Court having jurisdiction in the matter. Lessee agrees that it
will promptly notify the State upon receipt of notice of any
intention to impose ad valorem taxes and the State may, at
its option, elect to join Lessee in defending against such imposi-
tion, to intervene in any proceedings related thereto, or take
such other action with respect thereto as it deems necessary
or proper. In the event said property or any interests therein
are once declared to be subject to ad valorem taxation by a
decision of a court of competent jurisdiction, Lessee agrees that
it will promptly notify the Governor and the General Assembly
if then in session, and if not then in session, will notify the
Governor, of such decision, and the State shall have until ten
days after the conclusion of the next succeeding regular annual
meeting of the General Assembly, or thirty days after the entry
of such final decision, whichever occurs later, to pay such sums
or taxes, or to settle, adjust, compromise, or provide for by legis-
lation, such sums or taxes, and if not so paid or resolved within
such time, then thereafter any such sums or taxes, whether
for that or any subsequent period, may be paid by the Lessee
and shall be deemed a payment, pro tanto, of rent, and the
rent provided for in Article Four of this lease shall be reduced
by the amount of such sums or taxes paid by the Lessee.
It is further understood, covenanted and agreed that the
Lessee shall, during the entire term of this agreement, pay all
taxes (other than the ad valorem taxes referred to hereinabove),
specifically including, but not limited to, income taxes, and gov-
ernmental charges, on or for the operation of said property.
In addition the Lessee shall pay all tax assessments and govern-
mental charges as may be imposed during the term of said agree-
ment by the Government of the United States, and Lessee shall
be required, and hereby obligates itself, to pay on all of that
portion of the properties covered by this agreement and lying
within the State of Tennessee all taxes and assessments that
may be legally levied under the laws of said State. It is specifi-
cally agreed further that the rolling stock, equipment and other
property owned by the Lessee and used in connection with the
operation of the properties herein conveyed, shall all be subject
to taxation as other like property is taxable in the State of
Georgia.
It is further understood, agreed and declared, that where
the words "grant, "grantee, "grantor, "lease, "sublease,
252
GENERAL ACTS AND RESOLUTIONS, VOL. I
"sublet, "lessor, "lessee, "sublessee, "tenant, "rent,
"rental, and words of similar nature are used in this agreement,
they are used for purposes of identification and convenience
of expression.
ARTICLE ELEVEN: The Lessee shall not sublet the property
leased hereby, or any part thereof, except (1) such as is not
needed for railroad purposes, (2) for use as a rapid transit project
or projects as defined in the Metropolitan Atlanta Rapid Transit
Authority Act of 1965 as amended, or in a similar law or ordi-
nance, or (3) where said subletting is made for a railroad purpose
of the Lessee, including the location on said property or part
thereof of a business or industry utilizing the subleased property
in whole or in part for the shipping or receiving of freight moving
over the Western and Atlantic Railroad;
Where any property is so sublet pursuant to the provisions
of this Article Eleven, a copy of such sublease and any subse-
quent amendments thereto shall be promptly supplied to the
Commission for its records. Except as to subsurface rights no
such subletting shall extend beyond the term of this lease,
whether by expiration of time, forfeiture or other cause; nor
except as to subsurface rights shall any sublease give rise to
any privity of contract as between the sublessee and the State;
nor introduce a new party to this contract, nor relieve the Lessee
of any duty, obligation or requirement imposed upon it by law
or by this contract of lease.
The Lessee shall pay to the State an amount equal to one-
half of the net rental received (being the gross rental, less those
reasonable expenses directly attributable to the property and
which the contract of sublease provides shall be paid by Lessee)
by the Lessee for each sublease made by Lessee and this payment
shall be considered as an additional rental to that amount re-
quired by Article Four of this lease. All permanent improve-
ments, betterments or additions in, to or on the property so
subleased made by the Lessee or its tenants shall become, upon
the expiration of this lease, the property of and belong to the
State, except as provided otherwise in agreements granting or
subleasing subsurface easements or rights.
Should the Lessee elect to sublease all or any part of (1)
the space over the tracks below the level of 23 feet above the
GEORGIA LAWS 1986 SESSION
253
top of rails of any track or (2) within 18 feet in a horizontal
distance of the centerline of any track south of the Magnolia
Street viaduct in Atlanta or (3) within 18 feet in a horizontal
distance of the centerline of any main track north of the Magno-
lia Street viaduct in Atlanta, the Lessee agrees to pay to the
State all of the rental received for that portion of the space
so sublet. This paragraph does not apply to the grant or sublease
of subsurface rights.
ARTICLE TWELVE: The granting by Lessee to other carri-
ers of trackage rights over the Western and Atlantic Railroad
or any part thereof, shall not be construed as a subleasing of
the property such as is forbidden by Article Eleven of this lease
and Lessee agrees to grant trackage rights to other railroads
over the tracks of the Western and Atlantic Railroad at all
points where such rights were in effect on December 27, 1969.
Except as provided above, Lessee shall not grant trackage
rights over the Western and Atlantic Railroad or any part
thereof without the prior consent in writing of the Commission.
The Lessee agrees to pay to the State one-half of that portion
of the rentals received from the grant of any and all trackage
rights over the Western and Atlantic Railroad or any part
thereof which are computed on the basis of a percentage return
on capital investment in the railroad and facilities so utilized,
or similar basis; such payment to be considered as an additional
rental to that amount required in Article Four of this Lease.
The Lessee is to retain all of that portion of the rentals received
from the grant of such trackage rights which are computed
on a wheelage or other use basis, where such rental payments
are designed and designated to reimburse the Lessee for a fair
proportion of amounts paid or incurred by it in conformity with
accounting principles contained in the Uniform System of Ac-
counts for Railroad Companies, as prescribed by the ICC at the
time of the respective charges, for maintenance, operating and
other expenses.
Such trackage rights for use of the tracks and property of
the Western and Atlantic Railroad shall always be subject to
all of the duties, obligations and liabilities of Lessee to the State
under this contract of lease; and it is further understood and
agreed that no contract or agreement for any servient use of
254
GENERAL ACTS AND RESOLUTIONS, VOL. I
the tracks or railway facilities of the Western and Atlantic Rail-
road, granted by Lessee to any other person, shall be construed
as introducing a new party to the contract between Lessee and
the State; and every such servient use shall be subject in all
respects to this Contract of Lease, and as between the State
and Lessee such servient use shall be regarded as being the
use by Lessee through its agent or tenant.
ARTICLE THIRTEEN: There is hereby expressly reserved
to the State the power, exercisable on reasonable notice to the
Lessee, to authorize the laying out, building and construction
by others or by itself (hereinafter in this section referred to
as "grantees) of such ways, streets, roads, bridges, viaducts,
pipe lines, sewers, electric or communication lines and other
utilities (except that no such authorization shall be granted for
a crossing which would intersect any railroad tracks on the
property and which is intended for use by a carrier, other than
by highway, of freight or passengers), across or along (herein-
after called "crossings) the property herein leased as may be
deemed by it to be in the interest of the people of Georgia,
without liability on the part of the State over to the Lessee
by abatement of lease money or otherwise, provided that the
Lessee may establish, except as against the State, reasonable
standards for terms of existence, compensation (except that no
compensation shall be charged in the case of road crossings),
service charges to Lessee and indemnity of Lessee. The Lessee
may establish for all grantees reasonable standards for construc-
tion, clearances, maintenance and safety of said crossings, and
other provisions necessary to assure the safe, convenient, expedi-
tious, economical and healthful operation of the railroad, which
standards shall be embodied within a written contract between
such grantee and Lessee in the usual form of contract from
time to time used by Lessee for such crossings elsewhere on
its railroad lines and provided further that all crossings (with
the exception below as to road crossings) and all equipment
and structures used in conjunction therewith will be constructed
and maintained without cost to the Lessee. Where road crossings
are involved the Lessee will participate in the cost of construc-
tion and maintenance of grade crossing protection devices but
to no greater extent than required by law from time to time
of other railroads in the State of Georgia in like situations on
their lines in Georgia. Where such road crossings involve grade
separation structures the State shall be responsible for any por-
GEORGIA LAWS 1986 SESSION
255
tion of the cost of construction of such grade separation struc-
tures chargeable to the Western and Atlantic Railroad and the
Lessee shall participate in the cost of maintenance thereof, but
to no greater extent than required by law from time to time
of other railroads in the State of Georgia in like situations on
their lines in Georgia.
The reservation to the State of said power of authorization
shall not be exclusive, and Lessee may, as it may from time
to time deem proper, authorize such laying out, building and
construction of such crossings. Lessee will within sixty (60) days
following final approval thereof by Lessee furnish to the Com-
mission for its records a copy of each contract so entered into
by the Lessee and any grantee.
Nothing herein or in any authorization given by the State
shall operate to prevent Lessee from recovering from any such
grantee (which term "grantee for the purposes of this sentence
only shall not include the State) or other person, firm or corpora-
tion compensation for and reimbursement of any loss, expense
or damage suffered by Lessee by reasons of any such authoriza-
tion or by reason of the actions or omissions of such grantee
or their employees, agents or servants or by reasons of the ac-
tions or omissions of any other person, firm or corporation or
their employees, agents, or servants, following the grant of such
authorization.
It is the intention of the parties that this Section Thirteen
shall provide only for crossings giving access across the railroad
right-of-way. It is not intended that longitudinal encroachments
be allowed on the right-of-way except as they may be required
in the proper design of a transverse crossing.
ARTICLE FOURTEEN: Lessee may remove and cause to
be discontinued, as permitted by law, any or all encroachments
and other adverse uses and occupancies in and upon the right-
of-way or upon other properties of the Western and Atlantic
Railroad, or any part thereof, whether maintained under claim
of lawful right or otherwise. The Lessee in its own name and
behalf, may undertake to remove and cause the discontinuance
of such encroachments, uses and occupancies, acting therein
in its own name. It is further understood and agreed that Lessee
will, if and when so requested, join with the State and become
256
GENERAL ACTS AND RESOLUTIONS, VOL. I
a party to any proceeding, judicial or otherwise, that may be
instituted by and on behalf of the State for the purpose of freeing
the right-of-way and property of the Western and Atlantic Rail-
road from all adverse uses and occupancies. Lessee shall have
no cause of action against the State for any such encroachment,
its sole recourse being the right it may have as a Lessee against
the third party.
It is understood and agreed that when such adverse uses
and occupancies shall have been removed by judicial proceedings
or otherwise the use of the same for the remaining period of
the lease shall inure to the benefit of Lessee to the same extent
as the other portions of the right-of-way and properties herein
conveyed shall inure to it under the terms and provisions of
this contract.
ARTICLE FIFTEEN: Should, during the term of this Lease,
any building or other structure now upon the property of the
State included in this Lease, or any building or other structure
hereafter constructed thereon, be damaged or destroyed by fire
or other casualty, the Lessee shall advise the Commission in
writing within sixty (60) days following such damage or destruc-
tion and if such building or structure be then reasonably needed
for railroad operating purposes, Lessee binds and obligates itself
to restore such building or structure, within a reasonable time,
in substantially as good condition as previous to said damage
or destruction, provided, that Lessee shall not be required to
replace or restore any building or structure which may have
been built wholly or partially on said State property by parties
other than Lessee, prior lessees or the State.
ARTICLE SIXTEEN: It is expressly agreed that this Lease
is made subject to the aforesaid Acts and Resolutions of the
General Assembly of Georgia, and the Official Code of Georgia
Annotated, authorizing the making of this Lease and that if
any of the terms or conditions in this Lease are found to be
deficient or in conflict or inconsistent with any of the terms
or provisions of them in such event their terms and provisions
of shall govern and control, and all other terms, conditions and
provisions of this Lease shall continue in full force and effect
the same as if such statutory terms and provisions had been
expressed herein.
GEORGIA LAWS 1986 SESSION
257
ARTICLE SEVENTEEN: The Lessee shall continue in pos-
session of the road and roadbed, stations and other property
of the Western and Atlantic Railroad in their condition at the
time this Amendment is executed, accepts them in said condi-
tion, as maintained by Lessee, and shall thereafter maintain
them as provided herein.
ARTICLE EIGHTEEN: The Lessee shall keep adequate
records and books of account, classified in accordance with the
ICC rules and regulations governing the accounting of Class I
carriers by railroad, showing all items of whatever nature that
are material to this Lease Contract in connection with the per-
formance thereof. The Lessee shall also maintain such other
adequate records as will be sufficient to allow determination
of compliance with the provisions of this lease, and where ICC
reporting requirements cease or become inapplicable, the most
recent ICC provision shall be used.
ARTICLE NINETEEN: The Western and Atlantic Railroad
may be operated as a part of Lessees railroad system. However,
Lessee shall preserve the physical integrity of the Western and
Atlantic Railroad and upon expiration or earlier termination
of this Lease, shall cause it to be capable of independent opera-
tion. Lessee also shall maintain a registered agent within the
limits of the State of Georgia, which agent shall be amenable
to service of process on behalf of the Lessee as provided by
law. Where provision for a registered agent for service of process
is not made by law, Lessee shall appoint such an agent and
give the Commission continuous notice of his name, title, affilia-
tion, and address for service, by mail and by delivery, which
address shall be in the City of Atlanta, Georgia.
ARTICLE TWENTY: The Lessee shall permit inspection of
the Western and Atlantic Railroad by the authorized representa-
tives of the State, identified by writing delivered or exhibited
to the Lessee, at reasonable times. The Lessee shall be notified
in writing of any deficiencies noted under the terms of this
lease contract.
ARTICLE TWENTY-ONE: Where delegation is made herein
to the Commission for the performance of any duties in connec-
tion with this Lease, the State reserves the right through appro-
priate action by the General Assembly of the State of Georgia
258
GENERAL ACTS AND RESOLUTIONS, VOL. I
to appoint such other authority as it may designate to perform
such duties.
ARTICLE TWENTY-TWO: It is recognized by the parties
hereto that Metropolitan Atlanta Rapid Transit Authority, or
other public transit entities or offices, hereinafter called "Tran-
sit, may wish, during the term of this Lease, to occupy, to
the extent consistent with safe, efficient and economical railroad
service, for purposes of a public rapid transit system, a portion
of the property herein leased or to make other arrangements
respecting it.
For example only, the parties hereto recognize that the
Metropolitan Atlanta Rapid Transit Authority may wish to use
certain portions of the subject railroad properties in the corpo-
rate limits of the City of Atlanta and in the counties of Fulton
and Cobb, other than those specifically provided for originally
in the Lease, for the purpose of a rapid transit project or projects
as defined in the Metropolitan Atlanta Rapid Transit Authority
Act of 1965, as amended. The State may desire to cooperate
with it or any such other Transit in planning, designing and
constructing a rapid transit system, and if such is the desire
of the State, Lessee agrees to undertake to give its prompt,
full and good faith cooperation to said Transit, consistent with
the maintenance of safe, efficient and economical railroad ser-
vice to the public, as Transit undertakes to establish and operate
a rapid transit system.
Nothing in this Lease shall be construed to authorize Transit
to use any portion of the properties without the previous express
permission of the State and Lessee following payment by Transit
to the State and Lessee of such compensation, relocation and/
or other damages as may hereafter be determined to be due
the State and Lessee by reason of such proposed use.
Lessee agrees that it will allow Transit access at reasonable
times to said property for the purpose of surveying, making
soils analysis, and performing necessary engineering and design
efforts, so long only as such access shall not, in the judgment
of Lessee, interfere with the operations and convenience of the
Lessee or other occupants of the parcel.
ARTICLE TWENTY-THREE: The original Lease dated
March 4, 1968 shall apply through December 31, 1985, and the
GEORGIA LAWS 1986 SESSION
259
terms and conditions of this Amendment are applicable and
determine the rights and obligations of the State and the Lessee
thereafter. It is the intention of the parties that the Lessee
remain in full possession of the properties hereof, that the term
of the Lease of March 4, 1968 be effectively extended for an
additional twenty-five years or until December 31, 2019, that
the Lease Contract be amended as restated herein, and that
actions taken in connection with the properties prior to January
1, 1986, be governed by the March 4, 1968, Lease contract and
after December 31, 1985, actions taken in connection with the
properties be governed by the terms and conditions of this
Amendment.
ARTICLE TWENTY-FOUR: The State and the Lessee recog-
nize that the consummation, terms, conditions, covenants and
performance of this lease will be subject to the applicable provi-
sions of the Interstate Commerce Act and to other applicable
provisions of the law.
It is specifically agreed that all provisions contained in this
Lease as of the date of execution by Lessee are so entirely accept-
able to the State and to the Lessee that the only terms and
conditions that either the State or the Lessee has the right to
consider further shall be those terms and conditions imposed
by any order of the ICC in proceedings instituted seeking autho-
rization and approval or exemption of this lease or which are
changed, altered, deleted, added or affected directly or indirectly
by any such order of the ICC in such proceedings or which shall
impose on the State or the Lessee any additional conditions
or requirements beyond those contained in this Lease. As used
in this paragraph, the word "affected shall not be deemed to
include authorization and approval of this Lease as a whole
by the ICC.
It is further agreed that if either party hereto is of the opin-
ion that any such order of the ICC does so change, alter, delete
from, add to, or affect, directly or indirectly, any provision of
this Lease, or impose on the State or on the Lessee any additional
conditions or requirements beyond those contained in this Lease,
then such party shall, within thirty days after receipt of such
an order, so advise the other party. The notice of such advice
shall also contain a notice stating whether such advising party
wishes to negotiate with the other party to the end of reaching
260
GENERAL ACTS AND RESOLUTIONS, VOL. I
agreement as to the continued effectiveness of this Lease as it
may have been required to be changed, altered, diminished by
deletions, added to or otherwise affected. In the event the advis-
ing party wishes so to negotiate, and gives notice to that effect,
the parties shall promptly commence such negotiations. If agree-
ment shall be reached, this lease shall be appropriately
amended, and a supplemental application, pleading or other
document appropriate in the circumstances shall be promptly
submitted by Lessee to the ICC.
IN WITNESS WHEREOF, JOE FRANK HARRIS, as Gover-
nor of the State of Georgia and as Chairman of the State Proper-
ties Commission, has hereunto attached his official signature
and caused to be affixed the great seal of the State of Georgia
and the seal of the State Properties Commission, in behalf of
said State, in duplicate, and Lessee, SEABOARD SYSTEM
RAILROAD, INC., has signed and executed this contract and
has affixed its seal thereto, also in duplicate, on the day and
year above written.
STATE OF GEORGIA
By: ------------------------------------
Joe Frank Harris
As Governor and as Chairman
of the State Properties Commission
Attest: ________________________________
Max Cleland
Secretary of State and Secretary
of the State Properties Commission
(GREAT SEAL OF THE STATE
AFFIXED HERETO)
(STATE PROPERTIES COMMISSION
SEAL AFFIXED HERE)
Signed, sealed and delivered
in our presence on the
following date of execution
by the notary:
Unofficial Witness
GEORGIA LAWS 1986 SESSION
261
Official Witness, Notary Public
Date of My Execution as Notary:
My Commission Expires:
(Notary Public Seal Affixed Here)
Lessee:
Richard D. Sanborn
President and Chief
Executive Officer
(Signatures Continued on Next
Page.)
SEABOARD SYSTEM RAILROAD, INC.
Attest:____________________________
Robert A. Bernard
Secretary
Signed, sealed and delivered
in our presence on the
following date of execution
by the notary:
Unofficial Witness
Official Witness, Notary Public
Date of My Execution as Notary:
262
GENERAL ACTS AND RESOLUTIONS, VOL. I
My Commission Expires:
Approved March 25, 1986.
CITY OF CAVE SPRING CONVEYANCE OF STATE
PROPERTY TO THE CITY.
No. 59 (Senate Resolution No. 289).
A RESOLUTION
Authorizing the conveyance of certain state owned property
in the City of Cave Spring, Floyd County, Georgia; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
WHEREAS, a portion of the property presently utilized by
the Georgia School for the Deaf in the City of Cave Spring is
not required for the purposes of said school and is, therefore,
surplus property to the State of Georgia; and
WHEREAS, said property is described as follows:
A parcel of the property of the Georgia School for
the Deaf separated from the main campus, lying and
being in the 3rd District, Floyd County, Georgia, contain-
ing approximately 3 acres. Said property shall be more
particularly described by a plat of survey and a legal
description prepared by a Georgia Registered Land
Surveyor and furnished to the state by the City of Cave
Spring; and
WHEREAS, the custody and management of said property
is in the Department of Education; and
WHEREAS, the City of Cave Spring is desirous of obtaining
said tract of land for municipal purposes.
GEORGIA LAWS 1986 SESSION
263
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 Department of Edu-
cation declaring this property surplus to its needs and upon
the City of Cave Spring providing a plat of survey and a legal
description to the State Properties Commission.
Section 3. That the above-described real property may be
sold and conveyed by appropriate instrument to the City of Cave
Spring by the State of Georgia, acting by and through the State
Properties Commission, for a consideration of $10.00 and upon
such further conditions and provisions as directed by the State
Properties Commission.
Section 4. That, for purposes of compliance with the provi-
sions of paragraph (4) of subsection (b) of Code Section 50-16-
122 of the Official Code of Georgia Annotated requiring that a
conveyance of real property by the state be filed with the Secre-
tary of State and accompanied by a plat of the property con-
veyed, the plat of the property, the conveyance of which is au-
thorized by this resolution, 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
such approval and in accordance with the provisions hereof.
Section 6. All laws and parts of laws in conflict with this
resolution are repealed.
Approved March 26, 1986.
264
GENERAL ACTS AND RESOLUTIONS, VOL. I
"RESPIRATORY CARE PRACTICES ACT ENACTED;
REGULATION OF RESPIRATORY CARE PROFESSIONALS,
CERTIFIED RESPIRATORY THERAPY TECHNICIANS, AND
REGISTERED RESPIRATORY THERAPISTS.
Code Sections 43-34-140 through 43-34-151 Enacted.
No. 1196 (Senate Bill No. 32).
AN ACT
To amend Chapter 34 of Title 43 of the Official Code of Geor-
gia Annotated, relating to the licensing of physicians, osteo-
paths, and orthotists, so as to provide for the certification and
regulation of certain individuals engaged in respiratory care;
to provide for a short title and legislative intent; to provide
definitions; to provide for the powers, duties, and responsibilities
of the Composite State Board of Medical Examiners as such
relate to respiratory care; to provide for an advisory committee;
to provide for the certification and regulation of respiratory
care professionals, therapists, and technicians; to provide for
qualifications; to provide conditions and procedures for certifi-
cate renewal and for certificate revocation or suspension; to
prohibit a person from holding oneself out to be a certified respi-
ratory care professional, therapist, or technician unless such
person is certified; to provide penalties; to provide for related
matters; to provide for the repeal of this Act; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section t Chapter 34 of Title 43 of the Official Code of
Georgia Annotated, relating to the licensing of physicians, osteo-
paths, and orthotists, is amended by adding at the end thereof
a new Article 6 to read as follows:
"ARTICLE 6
43-34-140. This article shall be known and may be cited
as the 'Respiratory Care Practices Act.
GEORGIA LAWS 1986 SESSION
265
43-34-141. The General Assembly finds and declares
that the practice of respiratory care in Georgia affects the
public health, safety, and welfare and that it is necessarily
a proper subject of regulation and control.
43-34-142. As used in this article, the term:
(1) 'Board means the Composite State Board of
Medical Examiners as created by Code Section 43-34-
21.
(2) 'Respiratory care professional, certified respira-
tory therapy technician, or registered respiratory thera-
pist means a health care professional who is employed
in the therapy, management, rehabilitation, diagnostic
evaluation, education, and care of patients with deficien-
cies and abnormalities which affect the pulmonary and
cardiac systems.
43-34-143. The board, in consultation with the advisory
committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of appli-
cants for certification, renewal of the certificate, and re-
ciprocal certification;
(2) Adopt and revise rules consistent with the laws
of the State of Georgia that are necessary to conduct
its business, carry out its duties, and administer this arti-
cle;
(3) Examine for, approve, issue, deny, revoke, sus-
pend, and renew the certification of respiratory care pro-
fessional, certified respiratory therapy technician, or reg-
istered respiratory therapist applicants and certificate
holders under this article and conduct hearings in con-
nection with these actions;
(4) Conduct hearings on complaints concerning vio-
lations of this article and the rules adopted under this
article and cause the prosecution and enjoinder of the
violations;
266 GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Establish application, examination, and certifi-
cation fees;
(6) Request and receive the assistance of state educa-
tional institutions or other state agencies;
(7) Prepare information of consumer interest de-
scribing the regulatory functions of the board and de-
scribing the procedures by which consumer complaints
are filed with and resolved by the board. The board shall
make the information available to the general public
and appropriate state agencies; and
(8) Establish continuing education requirements.
43-34-144. At any time prior to July 1, 1987, the board
may grant, upon application and payment of proper fees,
a certificate without examination to a person who at the
time of application holds a valid certificate as a respiratory
care professional, certified respiratory therapy technician,
or registered respiratory therapist issued by another state
or any political territory or jurisdiction acceptable to the
board if in the boards opinion the requirements for that
certification are substantially the same as the requirements
of this article or to a person who at the time of application
is a respiratory care professional, certified respiratory ther-
apy technician, or registered respiratory therapist registered
or certified by the National Board for Respiratory Care, Inc.,
or who otherwise meets the qualifications established by the
board.
43-34-145. (a) Each applicant for certification as a re-
spiratory care professional, certified respiratory therapy
technician, or registered respiratory therapist shall meet
the following requirements:
(1) Is at least 18 years of age;
(2) Has submitted a completed application as re-
quired by the board;
(3) Has submitted any fees required by the board;
(4) Has successfully passed the entry level examina-
tion given by the National Board for Respiratory Care,
GEORGIA LAWS 1986 SESSION
267
Inc., or such other examination as the board may in its
discretion administer or approve; and
(5) Has met such other requirements as may be pre-
scribed by the board.
(b) In addition to the requirements specified in subsec-
tion (a) of this Code section, each applicant for certification
under this chapter shall be working under the supervision
or direction of a person licensed under Article 2 of this chap-
ter and shall, in order to maintain certification, continue
to work under the supervision or direction of a person li-
censed under Article 2 of this chapter.
43-34-146. After evaluation of an application and other
evidence submitted, the board shall notify each applicant
that the application and evidence submitted are satisfactory
and accepted or unsatisfactory and rejected. If rejected, the
notice shall state the reasons for the rejection.
43-34-147. (a) Any document evidencing certification
issued by the board is the property of the board and must
be surrendered on demand.
(b) The certificate holder shall display the document
evidencing certification in an appropriate and public man-
ner.
(c) The certificate holder shall inform the board of any
change of his address.
(d) The certificate shall be renewed biennially if the
certificate holder is not in violation of this article at the
time of application for renewal and if the applicant fulfills
current requirements of continuing education as established
by the board.
(e) Each person certified under this article is responsible
for renewing his certificate before the expiration date.
(f) Under procedures and conditions established by the
board, a certificate holder may request that his certification
be declared inactive. The certificate holder may apply for
268 GENERAL ACTS AND RESOLUTIONS, VOL. I
active status at any time and upon meeting the conditions
set by the board shall be declared active.
43-34-148. (a) The board, in consultation with the advi-
sory committee, may:
(1) Refuse to grant or renew certification to an appli-
cant;
(2) Administer a public or private reprimand, but
a private reprimand shall not be disclosed to any person
except the certificate holder;
(3) Suspend the certificate of any certificate holder
for a definite period or for an indefinite period in connec-
tion with any condition which may be attached to the
restoration of said certificate;
(4) Limit or restrict any certificate as the board
deems necessary for the protection of the public;
(5) Revoke any certificate;
(6) Levy a fine; and
(7) Condition any penalty or withhold formal dispo-
sition of any matter pending the applicants or certificate
holders submission to such care, counseling, or treat-
ment as the board may direct.
(b) The board may take any action specified in subsec-
tion (a) of this Code section upon a finding by the board
that the certificate holder or applicant has:
(1) Failed to demonstrate the qualifications or stan-
dards for certification contained in this Code section, or
under the laws, rules, or regulations under which certifi-
cation is sought or held; it shall be incumbent upon the
applicant to demonstrate to the satisfaction of the board
that he meets all the requirements for certification, and,
if the board is not satisfied as to the applicants qualifica-
tions, it may deny certification without a prior hearing;
provided, however, that the applicant shall be allowed
to appear before the board if he so desires;
GEORGIA LAWS 1986 SESSION
269
(2) Knowingly made misleading, deceptive, untrue,
or fraudulent representations in the practice of a busi-
ness or profession certified under this title or on any
document connected therewith, or practiced fraud or de-
ceit or intentionally made any false statement in obtain-
ing certification to practice a certified business or profes-
sion, or made a false statement or deceptive registration
with the board;
(3) Been convicted of any felony or of any crime
involving moral turpitude in the courts of this state or
any other state, territory, or country or in the courts
of the United States. As used in this paragraph and para-
graph (4) of this subsection, the term 'felony shall include
any offense which, if committed in this state, would be
deemed a felony, without regard to its designation else-
where; and, as used in this paragraph, the term 'convic-
tion shall include a finding or verdict of guilty or a plea
of guilty, regardless of whether an appeal of the convic-
tion has been sought;
(4) Been arrested, charged, and sentenced for the
commission of any felony or any crime involving moral
turpitude where:
(A) A plea of nolo contendere was entered to the
charge;
(B) First offender treatment without adjudica-
tion of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise
withheld or not entered on the charge.
The plea of nolo contendere or the order entered pur-
suant to the provisions of Article 3 of Chapter 8 of Title
42, relating to probation of first offenders, or other first
offender treatment shall be conclusive evidence of arrest
and sentencing for such crime;
(5) Had his certificate under this article revoked,
suspended, or annulled by any lawful authority other
than the board; or had other disciplinary action taken
270 GENERAL ACTS AND RESOLUTIONS, VOL. I
against him by any such lawful authority other than
the board; or was refused the renewal of certification
by any such lawful authority other than the board, pur-
suant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethi-
cal, deceptive, or deleterious conduct or practice harmful
to the public, which conduct or practice materially affects
the fitness of the certificate holder or applicant to practice
a business or profession certified under this article, or
of a nature likely to jeopardize the interest of the public,
which conduct or practice need not have resulted in ac-
tual injury to any person or be directly related to the
practice of the certified business or profession but shows
that the certificate holder or applicant has committed
any act or omission which is indicative of bad moral char-
acter or untrustworthiness. Unprofessional conduct shall
include any departure from, or the failure to conform
to, the minimal standards of acceptable and prevailing
practice of the business or profession certified under this
article;
(7) Knowingly performed any act which in any way
aids, assists, procures, advises, or encourages any uncerti-
fied person or any certificate holder whose certificate has
been suspended or revoked by the board to engage in
any practice outside the scope of any disciplinary limita-
tion placed upon the certificate holder by the board;
(8) Violated, without regard to whether the viola-
tion is criminally punishable, a statute, law, or any rule
or regulation of this state, any other state, the state ex-
amining board regulating the business or profession li-
censed under this title, the United States, or any other
lawful authority, which statute, law, or rule or regulation
relates to or in part regulates the practice of a business
or profession certified under this article, when the certifi-
cate holder or applicant knows or should know that such
action is violative of such statute, law, or rule; or violated
a lawful order of the board previously entered by the
board in a disciplinary hearing, consent decree, or certifi-
cation reinstatement;
(9) Been adjudged mentally incompetent by a court
of competent jurisdiction inside or outside this state. Any
GEORGIA LAWS 1986 SESSION
271
such adjudication shall automatically suspend the license
of any such person and shall prevent the reissuance or
renewal of any license so suspended for as long as the
adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or
profession certified under this article with reasonable
skill and safety to the public or has become unable to
practice the certified business or profession with reasona-
ble skill and safety to the public by reason of illness,
use of alcohol, drugs, narcotics, chemicals, or any other
type of material.
43-34-149. The board shall appoint a respiratory care
advisory committee. The committee shall be composed of
persons engaged in the practice of respiratory therapy, per-
sons licensed under Article 2 of this chapter who specialize
or are board certified in pulmonary medicine, and such mem-
bers as the board at its discretion may determine. Members
shall receive no compensation for service on the committee.
The committee shall have such advisory duties and responsi-
bilities as the board may determine.
43-34-150. (a) After July 1, 1986, it shall be unlawful
for any person who is not certified under this article to use
the title respiratory care professional, certified respiratory
therapy technician, or registered respiratory therapist or
the letters RCP, CRTT, or RRT in any words, letters, abbrevi-
ations, or insignia so as to indicate or imply orally or in
writing or in any other way that the person is certified under
this article.
(b) Any person violating the provisions of subsection
(a) of this Code section shall be guilty of a misdemeanor.
43-34-151. Proceedings under this article shall be gov-
erned by Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act. i
Section 2. This Act shall become effective upon necessary
appropriations being specifically made by the Georgia General
Assembly to fund this Act. If the General Assembly shall ever
thereafter fail to appropriate fully the funds necessary to imple-
272
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment the provisions of this Act, this Act shall stand repealed
in its entirety.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
TORTS LIBEL; RELEVANT AND COMPETENT
EVIDENCE; REQUESTS FOR AND PUBLICATION OF
RETRACTIONS.
Code Section 51-5-11 Amended.
No. 1197 (Senate Bill No. 77).
AN ACT
To amend Chapter 5 of Title 51 of the Official Code of Georgia
Annotated, relating to libel and slander, so as to change the
nature of relevant and competent evidence in libel actions; to
provide that evidence of a plaintiffs request for retraction shall
be relevant and competent if the request is made in writing
at least seven days prior to the filing of the action; to provide
that evidence of a plaintiffs failure to request retraction in
this manner shall also be relevant and competent; to provide
that the defendant may allege and give proof that a retraction
was published within seven days after receipt of such a demand
or was published in the next regular publication if no regular
publication was made within such seven-day period; to provide
for other matters related 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 51 of the Official Code of
Georgia Annotated, relating to libel and slander, is amended
GEORGIA LAWS 1986 SESSION
273
by striking Code Section 51-5-11, relating to admissibility of
evidence and damages in libel actions, and inserting in its place
a new Code section to read as follows:
51-5-11. (a) In any civil action for libel which charges
the publication of an erroneous statement alleged to be libe-
lous, it shall be relevant and competent evidence for either
party to prove that the plaintiff requested retraction in writ-
ing at least seven days prior to the filing of the action or
omitted to request retraction in this manner.
(b) In any such action, the defendant may allege and
give proof of the following matters, as applicable:
(1) (A) That the matter alleged to have been
published and to be libelous was published without
malice;
(B) That the defendant, in a regular issue of the
newspaper or other publication in question, within
seven days after receiving written demand, or in the
next regular issue of the newspaper or other publica-
tion following receipt of the demand if the next regu-
lar issue was not published within seven days after
receiving the demand, corrected and retracted the
allegedly libelous statement in as conspicuous and
public a manner as that in which the alleged libelous
statement was published; and
(C) That, if the plaintiff so requested, the retrac-
tion and correction were accompanied, in the same
issue, by an editorial in which the allegedly libelous
statement was specifically repudiated; or
(2) That no request for correction and retraction was
made in writing by the plaintiff.
(c) Upon proof of the facts specified in paragraph (1)
or (2) of subsection (b) of this Code section, the plaintiff shall
not be entitled to any punitive damages and the defendant
shall be liable only to pay actual damages. The defendant
may plead the publication of the correction, retraction, or
explanation, including the editorial, if demanded, in mitiga-
tion of damages.
274
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
REVENUE AND TAXATION CHECKS OR MONEY
ORDERS FOR PAYMENT OF TAXES PAYABLE TO THE
OFFICE OF TAX COLLECTOR; INAPPLICABILITY TO
COUNTIES OF 550,000 OR MORE OR MUNICIPALITIES
THEREIN.
Code Section 48-5-165 Amended.
No. 1198 (Senate Bill No. 273).
AN ACT
To amend Code Section 48-5-165 of the Official Code of Geor-
gia Annotated, relating to the requirement for tax collectors
to instruct taxpayers that checks or money orders for the pay-
ment of taxes shall be payable to the tax office, so as to provide
that said Code section shall not apply to 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 or
to the collection of taxes on behalf of any municipality located
wholly or partially within any such county; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 48-5-165 of the Official Code of
Georgia Annotated, relating to the requirement for tax collec-
tors to instruct taxpayers that checks or money orders for the
payment of taxes shall be payable to the tax office, is amended
by designating the present language of said Code section as
subsection (a) thereof and by adding at the end thereof a new
subsection (b) to read as follows:
GEORGIA LAWS 1986 SESSION
275
"(b) This Code section shall not apply to any county
within this state having a population of 550,000 or more
according to the United States decennial census of 1980 or
any future such census or to the collection of taxes on behalf
of any municipality located wholly or partially within any
such county by the tax collector or tax commissioner of any
such county.
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 March 26, 1986.
MOTOR VEHICLE LICENSE PLATES YOUNG HARRIS
COLLEGE.
Code Section 40-2-29.4 Enacted.
No. 1199 (Senate Bill No. 293).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, so as to provide for the issuance
of special license plates to commemorate the centennial of the
founding of Young Harris College; 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 licens-
276
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing of motor vehicles in general, is amended by adding immedi-
ately after Code Section 40-2-29.3 a new Code Section 40-2-29.4
to read as follows:
"40-2-29.4. (a) Founded by the Methodist Church in
1886 as a school for mountain youth, chartered in 1888 as
Young Harris Institute at the March Term of the Superior
Court of Towns County (Minute Book C, pages 581-620) with
Judge C. J. Wellborn presiding, changed to Young L. G.
Harris College by a charter amendment in 1891, there shall
be issued in 1987 special license plates to commemorate the
centennial of the founding of that college which later became
Young Harris College.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
centennial of Young Harris College. It shall not be a require-
ment that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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 ap-
proval by the Governor or upon its becoming law without such
approval.
GEORGIA LAWS 1986 SESSION
277
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
JUVENILE PROCEEDINGS JUVENILES COMMITTING
DESIGNATED FELONY ACTS; SERVICES AND
TREATMENTS; DISPOSITION OF CHILDREN UNDER 17
SENTENCED IN THE SUPERIOR COURTS UPON
BECOMING 17 YEARS OF AGE.
Code Sections 15-11-37 and 49-5-7 Amended.
No. 1200 (Senate Bill No. 308).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Geor-
gia Annotated, relating to juvenile proceedings, so as to provide
that a juvenile found to have committed a designated felony
act and placed in a youth development center may be eligible
for certain services and treatment and to participate in certain
programs; to amend Code Section 49-5-7 of the Official Code of
Georgia Annotated, relating to development and administration
of public child welfare and youth services under the "Children
and Youth Act, so as to provide that any child under 17 years
of age who is sentenced in the superior court and committed
to the Department of Human Resources may be eligible to partic-
ipate in certain programs; to provide for the disposition of any
child under 17 years of age who has been sentenced in the supe-
rior court and committed to the Department of Human Re-
sources upon such child becoming 17 years of age; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
278
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to juvenile proceedings, is amended
by striking in its entirety subparagraph (B) of paragraph (2)
of subsection (e) of Code Section 15-11-37, relating to designated
felony acts, and inserting in lieu thereof a new subparagraph
(B) to read as follows:
"(B) While in a youth development center, the juvenile
may be permitted to participate in all youth development
center services and programs and shall be eligible to receive
special medical and treatment services, regardless of the
time of confinement in the youth development center. After
the first six months of confinement in a youth development
center, a juvenile may be eligible to participate in youth
development center sponsored programs including commu-
nity work programs, sheltered workshops, special state spon-
sored programs for evaluation and services under the Divi-
sion of Vocational Rehabilitation and Division of Mental
Health, and under the general supervision of a youth devel-
opment center staff at special planned activities outside of
the youth development center;.
Section 2. Code Section 49-5-7 of the Official Code of Geor-
gia Annotated, relating to development and administration of
public child welfare and youth services under the "Children
and Youth Act, is amended by adding at the end of paragraph
(5) of subsection (a) a new subparagraph (E) to read as follows:
"(E) Any child under 17 years of age who is sentenced
in the superior court and committed to the department may
be eligible to participate in all youth development center
programs and services including community work programs,
sheltered workshops, special state sponsored programs for
evaluation and services under the Division of Vocational
Rehabilitation and the Division of Mental Health, and under
the general supervision of youth development center staff
at special planned activities outside of the youth develop-
ment center. When such a child sentenced in the superior
court is approaching his seventeenth birthday, the depart-
ment shall notify the court that a further disposition of the
child is necessary. The department shall provide the court
with information concerning the participation and progress
of the child in programs provided by the department. The
GEORGIA LAWS 1986 SESSION
279
court shall review the case and determine if the child, upon
becoming 17 years of age, should be placed on probation,
have his sentence reduced, be transferred to the Department
of Corrections for the remainder of the original sentence,
or be subject to any other determination authorized by law.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
ATTORNEYS ADMISSION TO PRACTICE;
FINGERPRINTS; CRIMINAL RECORD CHECKS; GEORGIA
CRIME INFORMATION CENTER.
Code Section 15-2-8 Amended.
No. 1201 (Senate Bill No. 312).
AN ACT
To amend Code Section 15-2-8 of the Official Code of Georgia-
Annotated, relating to powers of the Supreme Court of Georgia,
so as to provide that the court, in regulating the admission of
attorneys to the practice of law, shall require each applicant
to be fingerprinted to determine whether the applicant has a
record of criminal convictions; to provide for authority of the
Georgia Crime Information Center to release information con-
cerning applicants; to limit the use of such information; to pro-
vide for all matters related to the foregoing; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-2-8 of the Official Code of Geor-
gia Annotated, relating to powers of the Supreme Court of Geor-
280
GENERAL ACTS AND RESOLUTIONS, VOL. I
gia, is amended by striking paragraph (5) and inserting in its
place a new paragraph to describe a power of the court and
to read as follows:
"(5) To establish, amend, and alter its own rules of prac-
tice and to regulate the admission of attorneys to the practice
of law; provided, however, that in regulating the admission
of attorneys to the practice of law, the Supreme Court shall
require each applicant for admission to the practice of law
to be fingerprinted to determine whether the applicant has
a record of criminal convictions in this state or other states.
The Georgia Crime Information Center is for this purpose
authorized to release to the court and its administrative
arms any requested records relating to applicants. The infor-
mation obtained as a result of the fingerprinting of an appli-
cant shall be limited to the official use of the court and its
administrative arms in determining whether an applicant
possesses the fitness to be admitted to the practice of law
in this state;
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
281
MOTOR VEHICLES AND TRAFFIC CERTIFICATES OF
TITLE; TRANSFER UNDER A WILL; PROCEDURES.
Code Section 40-3-33 Amended.
No. 1202 (Senate Bill No. 331).
AN ACT
To amend Code Section 40-3-33 of the Official Code of Georgia
Annotated, relating to the transfer of vehicle by operation of
law and the granting of a new certificate of title on such vehicle,
so as to authorize the commissioner to issue a certificate of title
for a motor vehicle upon the transfer of a motor vehicle under
a will where the motor vehicle was the decedents only asset
and no application for the administration of the estate of the
deceased or the probate of such will has been made; to provide
certain conditions; to provide procedures; to provide for affida-
vits and the form of the affidavit; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-3-33 of the Official Code of Geor-
gia Annotated, relating to the transfer of vehicle by operation
of law and the granting of a new certificate of title on such
vehicle, is amended by adding at the end thereof a new subsec-
tion (e) to read as follows:
"(e) (1) In the event of transfer under a will when
the motor vehicle was the decedents only asset, upon
receipt of an application for a new certificate of title
accompanied by the required fee, the last certificate of
title, if available, and an affidavit by the applicant to
the effect that the motor vehicle was owned by the dece-
dent and was the decedents only asset and was not en-
cumbered, that under the will the applicant is entitled
to receive title to such motor vehicle, that no application
for the administration of the estate of the deceased or
the probate of such will is to be had, and that the estate
is not indebted and the surviving spouse, if any, and
282
GENERAL ACTS AND RESOLUTIONS, VOL. I
the heirs, if any, are sui juris and have amicably agreed
that title to said vehicle be issued to the applicant, the
commissioner shall issue to the person or persons shown
by such evidence to be entitled thereto the certificate
of title for the vehicle.
(2) The commissioner shall prescribe the form of the
affidavit to be used in paragraph (1) of this subsection.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
CRIMINAL PROCEDURE COSTS AND JAIL FEES;
ASSESSMENT BY MAGISTRATE AT COMMITTAL
HEARING WHEN THE ACTION IS DISMISSED.
Code Section 17-11-4 Amended.
No. 1203 (Senate Bill No. 339).
AN ACT
To amend Code Section 17-11-4 of the Official Code of Georgia
Annotated, relating to assessment of costs against prosecutors
of criminal proceedings, so as to provide that a magistrate may,
in his discretion, assess costs and jail fees against certain persons
when at a committal hearing the action is dismissed for want
of probable cause and the magistrate finds that the complaint
was unfounded and malicious; to provide exceptions; to provide
for all related matters; to provide for an effective date and for
applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
283
Section 1. Code Section 17-11-4 of the Official Code of Geor-
gia Annotated, relating to assessment of costs against prosecu-
tors of criminal proceedings, is amended by designating the ex-
isting text of the Code section as subsection (a) and by adding
thereafter a new subsection (b) to read as follows:
"(b) A magistrate may, in his discretion, assess costs
and jail fees against the person who instigated the prosecu-
tion when, at a committal hearing, the action is dismissed
for want of probable cause and the magistrate finds that
the complaint was unfounded and malicious. This subsection
shall not apply to law enforcement personnel.
Section 2. This Act shall become effective July 1, 1986,
and shall apply to prosecutions commenced on or after said
effective date.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
CONSUMERS UTILITY COUNSEL DATE FOR
ABOLITION OF OFFICE.
Code Section 46-10-9 Amended.
No. 1204 (Senate Bill No. 346).
AN ACT
To amend Code Section 46-10-9 of the Official Code of Georgia
Annotated, relating to the abolishment of the consumers utility
counsel, so as to change the date on which the position of con-
sumers utility counsel shall be abolished; to provide an effective
date; to repeal conflicting laws; and for other purposes.
284
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 46-10-9 of the Official Code of Geor-
gia Annotated, relating to the abolishment of the consumers
utility counsel, is amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code section to
read as follows:
"46-10-9. This chapter shall be null and void and shall
stand repealed in its entirety effective July 1, 1987.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
MUNICIPALITIES ANNEXATION BY MUNICIPALITIES
HAVING INDEPENDENT SCHOOL SYSTEMS.
Code Section 36-36-22.1 Amended.
No. 1205 (Senate Bill No. 380).
AN ACT
To amend Article 2 of Chapter 36 of Title 36 of the Official
Code of Georgia Annotated, relating to annexation by municipal
corporations pursuant to application of 60 percent of landowners
and electors, so as to completely revise the provisions relating
to annexation by certain municipalities having independent
school systems within their corporate boundaries; to provide
that certain municipalities may not annex territory pursuant
GEORGIA LAWS 1986 SESSION
285
to such article until after a certain date; to provide for definitions
in connection therewith; to provide for other matters relative
to the foregoing; to provide for automatic repeal on a certain
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official
Code of Georgia Annotated, relating to annexation by municipal
corporations pursuant to application of 60 percent of landowners
and electors, is amended by striking Code Section 36-36-22.1,
which reads as follows:
"36-36-22.1. (a) As used in the Code section, the term:
(1) 'Assessed valuation of property per pupil in aver-
age .daily attendance means the amount determined by
dividing the number of pupils in average daily atten-
dance of a school system into the then current equalized
adjusted school property tax digest, as defined in para-
graph (3) of this subsection, of the school system.
(2) 'Average daily attendance means average daily
attendance of pupils in a county or independent school
system determined from official reports of attendance
provided for in Code Section 20-2-226.
(3) 'Equalized adjusted school property tax digest
means 40 percent of the equalized adjusted school prop-
erty tax digest for each county and independent school
system prepared by the state auditor pursuant to Code
Section 48-5-274.
(4) 'Municipality means a municipality as defined
in Code Section 36-36-20 which:
(A) Has within its corporate boundaries an inde-
pendent school system with an average daily atten-
dance exceeding 3,000 at the time of the adoption
of an annexing ordinance as provided in Code Section
36-36-27;
(B) Is located within a county in which the
county school system of such county has an average
286 GENERAL ACTS AND RESOLUTIONS, VOL. I
daily attendance exceeding 45,000 at the time of the
adoption by the municipality of an annexing ordi-
nance as provided in Code Section 36-36-27; and
(C) Has an assessed valuation of property per
pupil in average daily attendance which exceeds by
40 percent or more the assessed valuation of property
per pupil in average daily attendance of the county
school system of the county wherein the municipality
is located, with such calculations being based on the
time of the adoption of an annexing ordinance by
the municipality as provided in Code Section 36-36-
27.
(5) 'Residential property means improved property
used exclusively for single or multifamily dwellings and
unimproved property which is zoned exclusively for ei-
ther single family or multifamily dwellings.
(b) Any other provisions of this article to the contrary
notwithstanding, except as otherwise provided by subsection
(c) of this Code section, during any calendar year, beginning
with calendar year 1984, the total territory annexed by a
municipality, excluding residential property, pursuant to the
authority of this article shall not decrease the equalized ad-
justed school property tax digest of the county school system
of the county wherein the municipality is located by more
than 2 percent of the net increase in the equalized adjusted
school property tax digest of such county school system
which occurred during the immediately preceding calendar
year, beginning with calendar year 1983. If there is no net
increase in the equalized adjusted school property tax digest
of such county school system during any calendar year, then
the municipality shall not be authorized to annex any terri-
tory, other than residential property, pursuant to the author-
ity of this article at any time during the immediately follow-
ing calendar year.
(c) If the value of the total territory actually annexed
by a municipality during a calendar year, excluding the
value of residential property annexed during the calendar
year, is less than the value of territory which could have
been annexed within the limitation provided by subsection
GEORGIA LAWS 1986 SESSION
287
(b) of this Code section during that calendar year, then for
the immediately following calendar year only, the limitation
otherwise applicable under subsection (b) of this Code section
shall be increased by the difference between the value of
the property which could have been annexed and the value
of the property actually annexed during the calendar year.,
in its entirety and substituting in lieu thereof a new Code Section
36-36-22.1 to read as follows:
36-36-22.1. (a) As used in this Code section, the term:
(1) 'Assessed valuation per weighted FTE has the
meaning specified for such term by paragraph (2) of sub-
section (a) of Code Section 20-2-165.
(2) 'FTE count means the full-time equivalent pro-
gram count for a school system which is used to compute
the funds needed to finance the school systems program
for the ensuing year as such term is described in subsec-
tion (b) of Code Section 20-2-160 of the 'Quality Basic
Education Act.
(3) 'Municipality means any municipal corporation
which:
(A) Has within its corporate boundaries an inde-
pendent school system which had an FTE count ex-
ceeding 3,000 for the fiscal school year immediately
preceding the adoption of an annexing ordinance as
provided in Code Section 36-36-27;
(B) Is located within a county in which the
county school system of such county had an FTE
count exceeding 45,000 for the fiscal school year im-
mediately preceding the adoption by the municipality
of an annexing ordinance as provided in Code Section
36-36-27; and
(C) Had an assessed valuation per weighted FTE
for the independent school system of the municipality
which exceeded by more than 40 percent the assessed
valuation per weighted FTE of the county school sys-
288
GENERAL ACTS AND RESOLUTIONS, VOL. I
tem of the county wherein the municipality is located
for the fiscal school year immediately preceding the
adoption by the municipality of an annexing ordi-
nance as provided in Code Section 36-36-27.
(b) No municipality shall be authorized to annex any
territory pursuant to the authority of this article until July
1, 1991.
(c) Effective July 1, 1991, this Code section shall stand
repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
MOTOR VEHICLE LICENSE PLATES FORT VALLEY
STATE COLLEGE.
Code Section 40-2-29.4 Enacted.
No. 1206 (Senate Bill No. 423).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, so as to provide for the issuance
of special license plates to commemorate the founding of Fort
Valley State College; to provide for all related matters; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
289
Section 1. Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, is amended by adding immedi-
ately after Code Section 40-2-29.3 a new Code Section 40-2-29.4
to read as follows:
"40-2-29.4. (a) To commemorate the founding of Fort
Valley State College there shall be issued in 1987 special
license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Fort Valley State College. It shall not be a re-
quirement that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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 ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
290
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLE LICENSE PLATES SAVANNAH STATE
COLLEGE.
Code Section 40-2-29.4 Enacted.
No. 1207 (Senate Bill No. 424).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, so as to provide for the issuance
of special license plates to commemorate the founding of Savan-
nah State College; to provide for all related matters; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, is amended by adding immedi-
ately after Code Section 40-2-29.3 a new Code Section 40-2-29.4
to read as follows:
40-2-29.4. (a) To commemorate the founding of Sa-
vannah State College there shall be issued in 1987 special
license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Savannah State College. It shall not be a require-
ment that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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.
GEORGIA LAWS 1986 SESSION
291
Special license plates issued on or after January 1, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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 ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
EDUCATION HEALTH INSURANCE FOR TEACHERS;
CONTRIBUTIONS BY LOCAL EMPLOYERS; COVERAGE;
GEORGIA MILITARY COLLEGE.
Code Sections 20-2-880, 20-2-892, 20-2-893, and 20-2-895
Amended.
No. 1208 (Senate Bill No. 443).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to elementary, secondary, and adult educa-
tion, so as to change certain definitions; to provide that certain
contributions to health insurance funds shall be made to the
292
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Personnel Board by local employers rather than from ap-
propriations to the State Board of Education; to eliminate the
authority for local employers to determine whether their teach-
ers or employees shall be covered under certain health insurance
plans; to provide for other matters relative thereto; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to elementary, secondary, and adult
education, is amended by striking paragraphs (3) and (4) of Code
Section 20-2-880, relating to definitions and health insurance
plans in education, and inserting in lieu thereof new paragraphs
(3) and (4) to read as follows:
"(3) 'Local employer means the county or independent
board of education, regional and county libraries, and the
governing authority of Georgia Military College.
(4) 'Public school teacher, 'teacher, and 'employee
mean any person employed not less than half time in a pro-
fessionally certificated capacity or position in the public
school systems of this state. 'Public school teacher, 'teacher,
and 'employee also mean librarians and other personnel
employed by regional and county libraries or the high school
program of Georgia Military College. 'Public school teacher,
'teacher, and 'employee also mean any professionally certif-
icated person who has acquired ten years or more of credita-
ble service and who is being paid retirement benefits by
the Teachers Retirement System of Georgia, Chapter 3 of
Title 47, or by any other public school teacher retirement
system in this state. 'Public school teacher, 'teacher, and
'employee shall not be deemed to include any emergency
or temporary employee.
Section 2. Said chapter is further amended by striking
subsection (b) of Code Section 20-2-892, relating to contributions
to the health insurance fund for public school teachers, and
inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As the local employers share, the local employer
shall contribute to the health insurance fund such portion
GEORGIA LAWS 1986 SESSION
293
of the cost of such benefits as may be established by the
Governor and the board up to 5 percent of the total outlay
for the salaries of teachers employed by the local employer
and, in addition thereto, an amount to be established by
the board to defray the cost of administration.
Section 3. Said chapter is further amended by striking
Code Section 20-2-893, relating to funds for the employer contri-
butions to the health insurance fund, and inserting in lieu
thereof a new Code Section 20-2-893 to read as follows:
"20-2-893. At an appropriate time during each year, the
commissioner shall certify to the State School Superinten-
dent the amount of funds that will need to be paid to the
board by the Department of Education for the costs of em-
ployer contributions and the administration of providing
such insurance for retired teachers as provided for by Code
Section 20-2-885; and in his annual budget for the Depart-
ment of Education, the State School Superintendent shall
make provision for funds sufficient to pay the board such
payment.
Section 4. Said chapter is further amended by striking
Code Section 20-2-895, relating to contracts with local employers
for certain health insurance coverage, and inserting in lieu
thereof a new Code Section 20-2-895 to read as follows:
"20-2-895. The board is authorized to contract with local
employers for the inclusion of the teachers or employees
of local employers within any health insurance plan or plans
established under this subpart. Local employers are autho-
rized to contract with the board as provided in this subsec-
tion. In the event that any contract is entered into, it shall
be the duty of any local employers so contracting to deduct
from the salary or other compensation of their teachers or
employees such payment as may be required under any
health insurance plan and to remit the funds to the board
for inclusion in the health insurance fund. In addition, it
shall be the duty of such local employers to make the em-
ployer contributions required for the operation of such plan
or plans. For the purposes of this subsection, the term 'teach-
ers shall mean certificated personnel and the term 'employ-
ees shall mean all other personnel.
294
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. This Act shall become effective July 1, 1986.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
CIVIL PRACTICE PROCEDURES FOR OBTAINING
RELIEF FROM JUDGMENTS; COMPLAINTS IN EQUITY
FOR RELIEF FROM JUDGMENTS ABOLISHED; TIME
LIMITS; EQUITY; FRAUD.
Code Sections 9-11-60 and 23-2-60 Amended.
Code Sections 9-3-21 and 23-2-1 Repealed.
No. 1209 (Senate Bill No. 457).
AN ACT
To amend Title 9 of the Official Code of Georgia Annotated,
relating to civil practice, so as to provide procedures for obtain-
ing relief from judgments; to eliminate complaints in equity
for relief from judgments; to repeal Code Section 9-3-21, relating
to the time within which proceedings to set aside judgments
shall be brought; to amend Title 23 of the Official Code of Georgia
Annotated, relating to equity, so as to repeal Code Section 23-
2-1, relating to setting aside judgments in equity; to eliminate
fraud as an equitable claim for setting aside a judgment; 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 9 of the Official Code of Georgia Annotated,
relating to civil practice, is amended by striking Code Section
9-11-60 which reads as follows:
GEORGIA LAWS 1986 SESSION
295
"9-11-60. (a) Collateral attack. A judgment void on
its face may be attacked in any court by any person. In
all other instances, judgments shall be subject to attack only
by a direct proceeding brought for that purpose in one of
the methods prescribed in this Code section.
(b) Methods of direct attack. A judgment may be
attacked by motion for a new trial, motion to set aside, or
by complaint in equity. Judgments may be attacked by mo-
tion only in the court of rendition. Judgments may be at-
tacked by complaint in equity in any superior court of appro-
priate jurisdiction.
(c) Motion for new trial. A motion for new trial must
be predicated upon some intrinsic defect which does not ap-
pear upon the face of the record or pleadings.
(d) Motion to set aside. A motion to set aside must
be predicated upon some nonamendable defect which does
appear upon the face of the record or pleadings, unless the
defect involves a jurisdictional error, in which case a motion
to set aside shall lie to attack a judgment based upon lack
of jurisdiction over the person or subject matter, regard-
less of whether such lack of jurisdiction appears upon the
face of the record or pleadings. To be subject to motion to
set aside, it is not sufficient that the complaint or other
pleading fails to state a claim upon which relief can be
granted, but the pleadings must affirmatively show that no
claim in fact existed.
(e) Complaint in equity. Complaint in equity may
be brought to set aside a judgment for fraud, accident, or
mistake, or the acts of the adverse party unmixed with the
negligence or fault of the complainant. Where a judgment
is subject to be set aside in equity, the court may grant
such other and further relief, legal or equitable, as may
be necessary to afford complete relief.
(f) Procedure; time of relief. Reasonable notice shall
be afforded the parties on all motions. Relief in equity must
proceed by complaint and summons. A judgment void be-
cause of lack of jurisdiction of the person or subject matter
may be attacked at any time. Motions for new trial must
296
GENERAL ACTS AND RESOLUTIONS, VOL. I
be brought within the time prescribed by law. In all other
instances, all motions, complaints, or other proceedings to
set aside or attack judgments shall be brought within three
years from entry of the judgment complained of.
(g) Clerical mistakes. Clerical mistakes in judg-
ments, orders, or other parts of the record and errors therein
arising from oversight or omission may be corrected by the
court at any time of its own initiative or on the motion of
any party and after such notice, if any, as the court orders.
(h) Law of the case rule. The law of the case rule
is abolished; but generally judgments and orders shall not
be set aside or modified without just cause and, in setting
aside or otherwise modifying judgments and orders, the court
shall consider whether rights have vested thereunder and
whether or not innocent parties would be injured thereby;
provided, however, that any ruling by the Supreme Court
or the Court of Appeals in a case shall be binding in all
subsequent proceedings in that case in the lower court and
in the Supreme Court or the Court of Appeals as the case
may be.,
and inserting in lieu thereof a new Code Section 9-11-60 to read
as follows:
"9-11-60. (a) Collateral attack. A judgment void on
its face may be attacked in any court by any person. In
all other instances, judgments shall be subject to attack only
by a direct proceeding brought for that purpose in one of
the methods prescribed in this Code section.
03) Methods of direct attack. A judgment may be
attacked by motion for a new trial or motion to set aside.
Judgments may be attacked by motion only in the court
of rendition.
(c) Motion for new trial. A motion for new trial must
be predicated upon some intrinsic defect which does not ap-
pear upon the face of the record or pleadings.
(d) Motion to set aside. A motion to set aside may
be brought to set aside a judgment based upon:
GEORGIA LAWS 1986 SESSION
297
(1) Lack of jurisdiction over the subject matter;
(2) Fraud, accident, or mistake or the acts of the
adverse party unmixed with the negligence or fault of
the movant; or
(3) A nonamendable defect which appears upon the
face of the record or pleadings. Under this paragraph,
it is not sufficient that the complaint or other pleading
fails to state a claim upon which relief can be granted,
but the pleadings must affirmatively show no claim in
fact existed.
(e) Complaint in equity. The use of a complaint in
equity to set aside a judgment is prohibited.
(f) Procedure; time of relief. Reasonable notice shall
be afforded the parties on all motions. Motions to set aside
judgments may be served by any means by which an original
complaint may be legally served if it cannot be legally served
as any other motion. A judgment void because of lack of
jurisdiction of the person or subject matter may be attacked
at any time. Motions for new trial must be brought within
the time prescribed by law. In all other instances, all motions
to set aside judgments shall be brought within three years
from entry of the judgment complained of.
(g) Clerical mistakes. Clerical mistakes in judg-
ments, orders, or other parts of the record and errors therein
arising from oversight or omission may be corrected by the
court at any time of its own initiative or on the motion of
any party and after such notice, if any, as the court orders.
(h) Law of the case rule. The law of the case rule
is abolished; but generally judgments and orders shall not
be set aside or modified without just cause and, in setting
aside or otherwise modifying judgments and orders, the court
shall consider whether rights have vested thereunder and
whether or not innocent parties would be injured thereby;
provided, however, that any ruling by the Supreme Court
or the Court of Appeals in a case shall be binding in all
subsequent proceedings in that case in the lower court and
in the Supreme Court or the Court of Appeals as the case
may be.
298 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said title is further amended by striking Code
Section 9-3-21, relating to the time within which proceedings
to set aside judgments shall be brought, which reads as follows:
"9-3-21. All proceedings of every kind in any court of
this state to set aside a judgment or decree of the court
shall be made within three years from the date which the
judgment or decree was entered.,
and inserting in lieu thereof the following:
"9-3-2L. Reserved.
Section 3. Title 23 of the Official Code of Georgia Anno-
tated, relating to equity, is amended by striking Code Section
23-2-1, relating to setting aside judgments in equity, which reads
as follows:
"23-2-1. Equity will interfere to set aside a judgment
of a court having jurisdiction only where a party had a good
defense of which he was entirely ignorant or where he was
prevented from presenting his defense by fraud or accident
or the act of the adverse party, unmixed with fraud or negli-
gence on his part.,
and inserting in lieu thereof the following:
"23-2-1. Reserved.
Section 4. Said title is further amended by striking Code
Section 23-2-60, relating to fraud as an equitable cause for cer-
tain relief, and inserting in lieu thereof a new Code Section
23-2-60 to read as follows:
"23-2-60. Fraud will authorize equity to annul convey-
ances, however solemnly executed.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
299
EMPLOYMENT SECURITY LAW WAIVER OF INTEREST
PAYMENTS BY THE COMMISSIONER OF LABOR;
REPORTS; AUDITS.
Code Section 34-8-125 Amended.
No. 1210 (Senate Bill No. 470).
AN ACT
To amend Article 5 of Chapter 8 of Title 34 of the Official
Code of Georgia Annotated, relating to contributions and pay-
ments in lieu of contributions under the "Employment Security
Law, so as to authorize the Commissioner of Labor to waive
interest payments where the delay in payment was attributable
to the action or inaction of the Department of Labor; to provide
for certain reports and 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. Article 5 of Chapter 8 of Title 34 of the Official
Code of Georgia Annotated, relating to contributions and pay-
ments in lieu of contributions under the "Employment Security
Law, is amended by striking Code Section 34-8-125 in its entir-
ety and inserting in lieu thereof a new Code Section 34-8-125
to read as follows:
"34-8-125. (a) Contributions unpaid on the date on
which they are due and payable as prescribed by the Commis-
sioner shall bear interest at the rate of 1 percent per month
or any fraction thereof from and after such date until pay-
ment plus accrued interest is received by the Commissioner.
(b) The Commissioner in his discretion may waive the
collection of any interest, in whole or in part, due the state
on any unpaid taxes whenever or to the extent that he rea-
sonably determines that the delay in payment of taxes was
attributable to the action or inaction of the Department of
Labor.
(c) The Commissioner shall file an annual report with
the Attorney General, the members of the Senate Industry
300
GENERAL ACTS AND RESOLUTIONS, VOL. I
and Labor Committee, and the members of the House Indus-
trial Relations Committee, which report shall state the num-
ber of cases and the total amount of interest which is waived
under this Code section. Further, the Commissioner shall
retain on file for five years a detailed statement listing the
names of the employers whose interest was waived, the
amount of interest waived, the number of cases, and the
specified reasons for each waiver under this Code section.
This statement shall be available for review by members
of the General Assembly, the Attorney General, and the
L$j state auditor.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
EDUCATION PUBLIC SCHOOL TEACHERS AND
PROFESSIONAL EMPLOYEES; TERMINATION,
SUSPENSION, NONRENEWAL, DEMOTION, OR
REPRIMAND; PROCEDURES; NOTICES.
Code Sections 20-2-940 and 20-2-942 Amended.
No. 1211 (Senate Bill No. 478).
AN ACT
To amend Part 7 of Article 17 of Chapter 2 of Title 20 of
the Official Code of Georgia Annotated, relating to procedures
for termination, suspension, nonrenewal, demotion, or repri-
mand of public school teachers and professional employees, so
as to provide that certain notices required in such procedures
GEORGIA LAWS 1986 SESSION
301
must be given by certified mail; to change the notice of intended
demotion or dismissal which must be given to certain personnel;
to provide the manner in which an employee who is given such
notice must request certain procedural rights; to provide for
related matters; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 7 of Article 17 of Chapter 2 of Title 20
of the Official Code of Georgia Annotated, relating to procedures
for termination, suspension, nonrenewal, demotion, or repri-
mand of public school teachers and professional employees, is
amended by striking subsection (c) of Code Section 20-2-940,
relating to grounds and procedure for terminating or suspending
public school teachers, and inserting in its place a new subsec-
tion (c) to read as follows:
"(c) Service. All notices required by this part relating
to suspension from duty shall be served either personally
or by certified mail. All notices required by this part relating
to demotion, termination, nonrenewal of contract, or repri-
mand shall be served by certified mail. Service shall be
deemed to be perfected when the notice is deposited in the
United States mail addressed to the last known address of
the addressee with sufficient postage affixed to the envelope.
Section 2. Said part is further amended by striking para-
graph (2) of subsection (b) of Code Section 20-2-942, relating to
demotion or nonrenewal of contracts of certain teachers, and
inserting in its place a new paragraph to read as follows:
"(2) In order to demote or fail to renew the contract
of a teacher who accepts a school year contract for the fourth
or subsequent consecutive school year from the same local
board of education, the teacher must be given written notice
of the intention to demote or not renew the contract of the
teacher. Such notice shall be given by certified mail as pro-
vided in subsection (c) of Code Section 20-2-940. Such notice
shall contain a conspicuous statement in substantially the
following form:
You have the right to certain procedural safeguards
before you can be demoted or dismissed. These safeguards
302
GENERAL ACTS AND RESOLUTIONS, VOL. I
include the right to notice of the reasons for the action
against you and the right to a hearing. If you desire
these rights you must send to the school superintendent
by certified mail a statement that you wish to have a
hearing; and such statement must be mailed to the school
superintendent within 20 days after this notice was
mailed to you. Your rights are governed by Code Sections
20-2-940 through 20-2-947, and a copy of this law is en-
closed.
A copy of Code Sections 20-2-940 through 20-2-947 shall be
enclosed with the notice. A teacher who is so notified that
he or she is to be demoted or that his or her contract will
not be renewed has the right to the procedures set forth
in subsections (b) through (f) of Code Section 20-2-940 before
the intended action is taken. A teacher who has the right
to these procedures must serve written notice on the superin-
tendent of the local board employing the teacher within 20
days of the day the notice of the intended action is served
that he or she requests a hearing. In order to be effective
such written notice that the teacher requests implementa-
tion of such procedures must be served by certified mail as
provided in subsection (c) of Code Section 20-2-940. Within
14 days of service of the request to implement the procedures,
the local board must furnish the teacher a notice that com-
plies with the requirements of subsection Ob) of Code Section
20-2-940.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
303
BAIL BOND BUSINESS OFFICERS OF THE COURT, LAW
ENFORCEMENT OFFICERS, AND ATTORNEYS
PROHIBITED FROM ENGAGING IN BAIL BOND BUSINESS.
Code Section 45-11-8 Amended.
No. 1212 (Senate Bill No. 565).
AN ACT
To amend Chapter 11 of Title 45 of the Official Code of Geor-
gia Annotated, relating to miscellaneous offenses concerning
public officers and employees, so as to make it unlawful for
any officer of the court, law enforcement officer, or attorney
in this state to engage either directly or indirectly in the bail
bond business; 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 concern-
ing public officers and employees, is amended by striking Code
Section 45-11-8 in its entirety and inserting in lieu thereof a
new Code Section 45-11-8 to read as follows:
45-11-8. (a) It shall be unlawful for any elected offi-
cial, officer of the court, law enforcement officer, or attorney
in this state to engage either directly or indirectly in the
bail bond business.
(b) Any person who violates this Code section shall be
guilty of a misdemeanor.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
304
GENERAL ACTS AND RESOLUTIONS, VOL. I
COMPOSITE STATE BOARD OF MEDICAL EXAMINERS
PUBLICATION AND DISTRIBUTION OF BOOKLET ON
BREAST CANCER.
Code Section 43-34-21 Amended.
No. 1213 (House Bill No. 615).
AN ACT
To amend Code Section 43-34-21 of the Official Code of Geor-
gia Annotated, relating to the Composite State Board of Medical
Examiners, so as to urge physicians to distribute informational
booklets on breast cancer to patients suspected of having breast
cancer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 43-34-21 of the Official Code of
Georgia Annotated, relating to the Composite State Board of
Medical Examiners, is amended by striking subsection (g) and
inserting in lieu thereof a new subsection (g) to read as follows:
"(g) When funds are specifically appropriated for such
purpose, the board shall publish an informational booklet
on breast cancer and the treatment of breast cancer. The
booklet shall contain a summary of the latest information
on breast cancer and, in brief form, shall discuss the gener-
ally accepted and widely prevailing medical and surgical
treatments for breast cancer. The booklet shall include a
valid assessment of the relative risks and benefits of the
accepted and widely prevailing methods of treatment. A copy
of the booklet shall be made available by the board to every
appropriate physician in the state. A letter by the board
shall accompany this booklet stating that the board urges
the physician to distribute a copy of the booklet to each
and every patient whose suspected disease, disease, or course
of treatment is covered by the material in the booklet. Copies
shall also be available to any person upon request at a fee
prescribed by the joint-secretary sufficient to cover the cost
of printing and distribution. The booklet shall be updated
GEORGIA LAWS 1986 SESSION
305
and redistributed at such times as the board shall deem
necessary.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
LICENSES TO CARRY PISTOLS OR REVOLVERS FEES;
RECORDS SEARCHES.
Code Section 16-11-129 Amended.
No. 1214 (House Bill No. 1162).
AN ACT
To amend Code Section 16-11-129 of the Official Code of Geor-
gia Annotated, relating to licenses to carry pistols or revolvers,
so as to change the provisions relating to fees to cover the cost
of records searches by the Federal Bureau of Investigation; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 16-11-129 of the Official Code of
Georgia Annotated, relating to licenses to carry pistols or revolv-
ers, is amended by striking paragraph (2) of subsection (c) of
said Code section and inserting in lieu thereof a new paragraph
(2) to read as follows:
"(2) In the case of each applicant who is applying for
a license under this Code section for the first time, the judge
of the probate court shall direct the law enforcement agency
to transmit one set of the applicants fingerprints to the
306
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Crime Information Center for a search of the Fed-
eral Bureau of Investigation records and an appropriate re-
port. In such cases, the applicant shall submit an additional
fee of $16.00 or the actual amount charged by the Federal
Bureau of Investigation for a search of bureau records and
an appropriate report, whichever is less, payable in such
form as the judge may direct, to cover the cost of the records
search.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GRAND JURIES DUTIES; INSPECTIONS.
Code Section 15-12-71 Amended.
No. 1215 (House Bill No. 1233).
AN ACT
To amend Part 1 of Article 4 of Chapter 12 of Title 15 of
the Official Code of Georgia Annotated, relating to grand juries
in general, so as to provide that the judge or judges of superior
court may by court order provide that certain duties of the
grand jury need not be carried out by each grand jury at each
term of court; to specify the duties which may be so affected
and which shall be certain duties relating to the inspection of
certain county offices, buildings, accounts, records, reports, and
related matters; to provide that in any event such duties shall
be carried out by at least one grand jury each year; to provide
that the removal of a grand jurys duty to carry out any such
GEORGIA LAWS 1986 SESSION
307
inspection shall not affect the grand jurys power to carry out
any such inspection; to provide for all related matters; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 1 of Article 4 of Chapter 12 of Title 15
of the Official Code of Georgia Annotated, relating to grand
juries in general, is amended by striking Code Section 15-12-
71, relating to duties of grand juries, and inserting in its place
a new Code section to read as follows:
15-12-71. (a) The duties of a grand jury shall be con-
fined to such matters and things as by the law they are
required to perform.
(b) The judge or judges of superior court may by order
direct that certain duties of the grand jury shall not be re-
quired to be carried out at each term by each grand jury;
but any such order shall provide that such duties shall be
required to be carried out by at least one grand jury at at
least one term of court each year. The effect of any such
order shall be to remove the duty of a grand jury to carry
out certain inspections as specified by the terms of the order;
but no such order shall affect any grand jurys power to
conduct any such inspection if the grand jury itself deter-
mines that it is advisable that it should do so. The duties
of grand juries which may be affected by court order in the
manner specified by this subsection shall include:
(1) The duty, as specified by subsection (a) of Code
Section 15-12-75, to inspect the offices, records, and opera-
tions of the clerk of superior court, district attorney,
judge of the probate court, and county treasurer or
county depository;
(2) The duty, as specified by Code Section 15-12-78,
to inspect the county jail;
(3) The duty, as specified by Code Section 36-1-7,
to receive and inspect returns of the judge of the probate
308
GENERAL ACTS AND RESOLUTIONS, VOL. I
court, county treasurer, clerk of the superior court, and
sheriff;
(4) The duty, as specified by Code Section 36-9-10,
to inspect county buildings; and
(5) The duty, as specified by Code Section 42-4-8,
to receive and inspect the sheriffs jail report.
Section 2. This Act shall become effective upon its ap-
proval by 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 26, 1986.
RAILROADS SPECIAL OFFICERS FOR THE PROTECTION
OF RAILROAD PROPERTY; QUALIFICATIONS.
Code Section 46-8-232 Amended.
No. 1216 (House Bill No. 1323).
AN ACT
To amend Code Section 46-8-232 of the Official Code of Geor-
gia Annotated, relating to special officers for the protection of
railroad property, so as to remove the requirement that a special
officer shall have been an employee of the company making
application for six months prior to the time of application; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
309
Section 1. Code Section 46-8-232 of the Official Code of
Georgia Annotated, relating to special officers for the protection
of railroad property, is amended by striking subsection (a) and
inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every special officer appointed and commissioned
under this article shall be a resident of the state and of
good character. Every such officer shall be required to post
a good and sufficient bond payable to the State of Georgia
in the sum of $1,000.00, conditioned on the faithful perfor-
mance of his duties.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
PUBLIC WORKS CONTRACTS IN CERTAIN COUNTIES
(550,000 OR MORE) LOWEST RESPONSIBLE BIDDER.
Code Section 36-10-2.1 Enacted.
No. 1217 (House Bill No. 1340).
AN ACT
To amend Chapter 10 of Title 36 of the Official Code of Geor-
gia Annotated, relating to public works contracts, so as to pro-
vide that in any county of this state having a population of
550,000 or more according to the United States decennial census
of 1980 or any future such census, public works contracts shall
be let to the lowest responsible bidder and that any or all bids
may be rejected; to provide for factors that may be considered
in such counties in determining whether a bidder is responsible;
to provide for other matters relative to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
310 GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 10 of Title 36 of the Official Code of
Georgia Annotated, relating to public works contracts, is
amended by adding immediately following Code Section 36-10-
2 a new Code Section 36-10-2.1 to read as follows:
"36-10-2.1. In any county of this state having a popula-
tion of 550,000 or more according to the United States decen-
nial census of 1980 or any future such census, contracts
for building or repairing any courthouse or other public
building, jail, bridge, causeway, or other public works or
public property shall be let to the lowest responsible bidder,
but the governing authority of any such county shall have
the right to reject any or all bids for any such contract.
The governing authority of any such county, in considering
whether a bidder is responsible, may consider the bidders
quality of work, general reputation in the community, finan-
cial responsibility, previous employment on public works,
and compliance with a minority business enterprise partici-
pation plan or making a good faith effort to comply with
the goals of such a plan.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
311
GENERAL ASSEMBLY ASSISTANT ADMINISTRATION
FLOOR LEADERS OF THE HOUSE OF REPRESENTATIVES;
COMPENSATION.
Code Section 28-1-8 Amended.
No. 1218 (House Bill No. 1366).
AN ACT
To amend Code Section 28-1-8 of the Official Code of Georgia
Annotated, relating to the salary and allowances of members
and officers of the General Assembly, so as to authorize addi-
tional compensation for the assistant administration floor lead-
ers of the House of Representatives; 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 Geor-
gia Annotated, relating to the salary and allowances of members
and officers of the General Assembly, is amended by striking
subsection (a) in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
"(a) Each member of the General Assembly shall re-
ceive an annual salary, as provided for in Code Section 45-
7-4, to be paid in equal monthly installments. Upon comply-
ing with the requirements of paragraph (22) of subsection
(a) of Code Section 45-7-4, each member shall also be reim-
bursed for those actual expenses incurred in the performance
of duties for which reimbursement is provided in paragraph
(22) of subsection (a) of Code Section 45-7-4. The Speaker
of the House of Representatives, the Speaker Pro Tempore
of the House of Representatives, and the President Pro Tem-
pore of the Senate shall receive an additional amount per
annum as provided for in Code Section 45-7-4. The majority
leader, the minority leader, the administration floor leader,
and the assistant administration floor leaders of the House
of Representatives and the majority leader, the minority
leader, the administration floor leader, and the assistant
312
GENERAL ACTS AND RESOLUTIONS, VOL. I
administration floor leaders of the Senate shall each receive
such additional amount per annum as shall be provided by
resolution of the respective houses; but such amount for each
shall not be greater than the additional amount provided
by law for the Speaker Pro Tempore of the House of Repre-
sentatives. All of such additional amounts shall also be paid
in equal monthly installments.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
MOTOR VEHICLE LICENSE PLATES UNIVERSITY OF
GEORGIA BICENTENNIAL.
Code Section 40-2-29.1 Amended.
No. 1219 (House Bill No. 1500).
AN ACT
To amend Code Section 40-2-29.1 of the Official Code of Geor-
gia Annotated, relating to license plates commemorating the
bicentennial of the University of Georgia, so as to extend the
time of issuance of such license plates; to provide for fees; to
provide for the expiration date of such license plates; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-2-29.1 of the Official Code of
Georgia Annotated, relating to license plates commemorating
the bicentennial of the University of Georgia, is amended by
striking in its entirety subsection (a) and inserting in its place
a new subsection (a) to read as follows:
GEORGIA LAWS 1986 SESSION
313
"(a) The House of Assembly of Georgia in 1784 having
given 40,000 acres of land for the support of a state institu-
tion of higher learning and having on January 27, 1785,
enacted 'An Act for the more full and complete establish-
ment of a public seat of learning, which created the Univer-
sity of Georgia as the first chartered state university in
America, there shall be issued special license plates to com-
memorate the bicentennial of the founding of the University
of Georgia.
Section 2. Said Code section is further amended by striking
in its entirety subsection (c) and inserting in its place a new
subsection (c) to read as follows:
"(c) In calendar years 1984 through 1989, any motor
vehicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1984,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
Section 3. Said Code section is further amended by striking
subsection (d) and inserting in lieu thereof a new subsection
(d) to read as follows:
"(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided in Code Section 40-2-29. Special license plates issued
under this Code section may be transferred between ve-
hicles 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 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
314
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GENERAL ASSEMBLY AIR TRAVEL; REIMBURSEMENT
OF MEMBERS FOR COSTS.
Code Section 28-1-8 Amended.
No. 1220 (House Bill No. 1695).
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 change provisions
relating to reimbursement for costs of air travel during the
interim; 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 28-1-8 of the Official Code of Geor-
gia Annotated, relating to salary and allowances of members
and officers of the General Assembly, is amended by striking
subsection (b) and inserting in its place a new subsection 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
as provided for in Code Section 50-19-7, for not more than
one round trip to and from the members residence and the
GEORGIA LAWS 1986 SESSION
315
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 days 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 Consti-
tution 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 travel-
ing by public carrier. Any such member shall also be reim-
bursed for any conference or meeting registration fee in-
curred 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 days service
out of state as a member of any committee, board, bureau,
commission, or other agency, such member shall receive ac-
tual 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. Transportation
costs incurred by a member of the Senate for air travel
within or without the state during the interim as a member
of a committee, board, bureau, commission, or other agency
shall be reimbursed only if the incurring of such costs is
approved under procedures established by the Senate Ad-
ministrative Affairs Committee. Transportation costs in-
curred by a member of the House of Representatives for
air travel within or without the state during the interim
as a member of a committee, board, bureau, commission,
316
GENERAL ACTS AND RESOLUTIONS, VOL. I
or other agency shall be reimbursed only if the incurring
of such costs is approved under procedures established by
the Speaker of the House. All such allowances shall be paid
upon the submission of proper vouchers.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
PUBLIC PROPERTY CAUSES OF ACTION;
PROCEEDINGS; JUDICIAL RELIEF.
Code Section 50-16-17 Enacted.
No. 1221 (House Bill No. 1742).
AN ACT
To amend Article 1 of Chapter 16 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions of
public property, so as to empower and authorize any unit or
instrumentality of government within this state to assert any
cause of action, initiate any proceeding, seek any remedy, and
request or demand any judicial relief which pertains to property
and which is available under the general law of this state to
nongovernmental parties in like circumstances; to provide defi-
nitions; 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 16 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions of
public property, is amended by adding immediately following
Code Section 50-16-16 a new Code section, to be designated Code
Section 50-16-17, to read as follows:
GEORGIA LAWS 1986 SESSION
317
"50-16-17. (a) Cumulative of any other prerogatives or
powers, any unit or instrumentality of government within
this state is empowered and authorized to assert any cause
of action, initiate any proceeding, seek any remedy, and re-
quest or demand any judicial relief which pertains to prop-
erty and which is available under the general law of this
state to nongovernmental parties in like circumstances.
Without limitation this law shall apply to matters in law
and equity, matters of general civil procedure, and matters
of special proceedings. This law shall apply to property in
its broadest meanings and to all of its meanings within Title
44. This law shall be construed liberally as a remedial law,
and it shall be applicable to all claims, whether heretofore
or hereafter accruing and regardless of whether proceedings
concerning such claims have commenced or may hereafter
be commenced. Neither this law nor any actions taken by
a governmental unit or instrumentality within its terms
shall be deemed or construed as waiving sovereign immunity
under state law or waiving any immunities under the
Eleventh Amendment of the Constitution of the United
States.
(b) For purposes of this Code section, the term 'real
property shall have the same meaning as 'realty and 'real
estate in Code Section 44-1-2.
(c) For purposes of this Code section, the term 'unit
or instrumentality of government shall mean the state, its
constituent agencies, associations, authorities, boards, bu-
reaus, commissions, departments, instrumentalities, officers,
and public corporations, and all like units and instrumentali-
ties of local government, including, without limitation, coun-
ties and municipal corporations, other political subdivisions,
their school boards, the boards of independent school sys-
tems, authorities and other instrumentalities, and any other
entities or instrumentalities of state and local government
created under or pursuant to state law and performing gov-
ernmental functions.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
318
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
SUPERIOR COURTS HABEAS CORPUS AND NONJURY
PROCEEDINGS IN COUNTIES IN WHICH COUNTY
CORRECTIONAL INSTITUTIONS OR JAILS ARE LOCATED.
Code Section 15-6-17 Amended.
No. 1222 (House Bill No. 1751).
AN ACT
To amend Article 1 of Chapter 6 of Title 15 of the Official
Code of Georgia Annotated, relating to general provisions con-
cerning the superior courts, so as to provide that in any county
in which a county correctional institution or jail is located, one
or more judges of the superior court of such county shall be
authorized to conduct habeas corpus and other nonjury proceed-
ings involving inmates of such county correctional institution
or jail in a suitable room at the institution; 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 general provisions con-
cerning the 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
GEORGIA LAWS 1986 SESSION
319
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 cor-
rectional institution, county correctional institution, or jail
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, county correctional institution, or jail in a suit-
able room at the institution. Nothing in this Code section
shall be construed or interpreted to require any judge to
conduct habeas corpus and other nonjury proceedings pur-
suant to Article 2 of Chapter 14 of Title 9 involving inmates
of such state correctional institution, county correctional
institution, or jail nor to establish any right of any inmate
of any such correctional institution to have any habeas cor-
pus and other nonjury proceedings pursuant to Article 2
of Chapter 14 of Title 9 involving inmates of such correc-
tional institutions.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
320
GENERAL ACTS AND RESOLUTIONS, VOL. I
CIVIL PRACTICE CHARGES TO THE JURY; WRITING;
SENDING OUT WITH THE JURY.
Code Section 9-10-5 Amended.
No. 1249 (Senate Bill No. 313).
AN ACT
To amend Article 1 of Chapter 10 of Title 9 of the Official
Code of Georgia Annotated, relating to civil practice and proce-
dure in general, so as to provide that in civil actions the judges
of the superior, state, and city courts shall be authorized but
not required to reduce their charges to the jury to writing and
to send the charges so reduced to writing out with the jury
during deliberation; to provide for all related matters; to provide
for an effective date and for applicability; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 9 of the Official
Code of Georgia Annotated, relating to civil practice and proce-
dure in general, is amended by striking Code Section 9-10-5,
relating to reduction of jury charges to writing, and inserting
in its place a new Code section to read as follows:
"9-10-5. (a) The judges of the superior, state, and city
courts, when counsel for either party requests it before argu-
ment begins, shall write out their charges and read them
to the jury; and it shall be error to give any other or addi-
tional charge than that so written and read; provided, how-
ever, that this Code section shall not apply when there is
an official court reporter in attendance thereon who records
the full charge of the trial judge in the case upon the direc-
tion of the court.
(b) In any civil action, upon motion by a party, upon
request by the jury, or sua sponte, a judge of a superior,
state, or city court is authorized, but shall not be required,
to reduce all of the charge to the jury to writing and send
GEORGIA LAWS 1986 SESSION
321
all of the charge so reduced to writing out with the jury
during its deliberation.
(c) Any charge reduced to writing under subsection (a)
or (b) of this Code section shall be filed with the clerk of
the court in which it was given and shall be accessible to
all persons interested in it. The clerk shall give certified
copies of the charge to any person applying therefor, upon
payment of the usual fee.
Section 2. This Act shall become effective July 1, 1986,
and shall apply to actions pending on said effective date as well
as to actions initiated on or after said effective date.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
METROPOLITAN RIVER PROTECTION ACT RULES AND
REGULATIONS; SUBMISSION TO THE GENERAL
ASSEMBLY; PROCEDURES FOR OVERRIDE OF THE
RECOMMENDATIONS OF THE PLANNING AND
DEVELOPMENT COMMISSION; APPEALS.
Code Sections 12-5-443 and 12-5-445 Amended.
No. 1250 (Senate Bill No. 317).
AN ACT
To amend Part 6 of Article 5 of Chapter 5 of Title 12 of
the Official Code of Georgia Annotated, relating to protection
of metropolitan rivers, so as to require copies of rules and regula-
tions to be submitted to the General Assembly; to require a
finding from the director of the Environmental Protection Divi-
sion as a prerequisite to an override by a governing authority
322
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the recommendation by the planning and development com-
mission; to provide that the director shall follow the purposes
set forth in the law and the plan in making such a finding; to
provide for appeals from certain findings of the director; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 6 of Article 5 of Chapter 5 of Title 12 of
the Official Code of Georgia Annotated, relating to protection
of metropolitan rivers, is amended by striking paragraph (3)
of Code Section 12-5-443, relating to land and water use plans
and rules and regulations of area and metropolitan area plan-
ning and development commissions, and inserting in lieu thereof
a new paragraph (3) to read as follows:
"(3) Make such rules and regulations as may be neces-
sary to implement the purposes of this part and to administer
and implement this part and all rules, regulations, and or-
ders promulgated under this part. A copy of any rules and
regulations promulgated pursuant to this paragraph by a
metropolitan area planning and development commission
created pursuant to Article 4 of Chapter 8 of Title 50 shall
be provided to the Georgia Senate Natural Resources Com-
mittee and the Georgia. House of Represent Actives Natural
Resources and Environment Committee; and.
Section 2. Said part is further amended by striking Code
Section 12-5-445, relating to applications for certificates, in its
entirety and inserting in lieu thereof a new Code Section 12-
5-445 to read as follows:
"12-5-445. (a) After receipt of a complete application
for a certificate, the governing authority shall transmit to
the commission a copy of such complete application and all
supporting documents.
(b) (1) If, from the application or from its own in-
vestigation, the commission finds that there are inconsis-
tencies between the plan and the land-disturbing activity
proposed by the application, the commission may do any
one of the following:
GEORGIA LAWS 1986 SESSION
323
(A) Recommend modification of the application
in such manner as to be consistent with the plan;
(B) Make a finding that the application, while
not consistent with the plan in all respects, will pro-
vide a level of land and water resource protection
equivalent to an application consistent with the plan;
or
(C) Recommend modification of the application
in such manner that the application as so modified,
while not consistent with the plan in all respects,
will provide a level of land and water resource protec-
tion equivalent to an application consistent with the
plan.
(2) If the commission fails to recommend modifica-
tion of the application within 60 days from submission
of such application to the commission and if the govern-
ing authority makes a specific finding that the applica-
tion is consistent with the plan or makes a specific finding
that the application, while not consistent with the plan
in all respects, will provide a level of land and water
resource protection equivalent to an application consis-
tent with the plan, the governing authority shall be
deemed to have complied with this Code section and may
issue me certificate.
(c) In any case where the commission has recommended
modification of an application, the governing authority may:
(1) Adopt such recommendation, incorporate it as
a condition of the certificate, and issue a certificate with
such conditions, in which case any land-disturbing activ-
ity under the certificate must be strictly in accordance
with the recommendation so incorporated;
(2) After making a specific finding that the applica-
tion is in compliance with the plan or a specific finding
that the application, while not consistent with the plan
in all respects, will provide a level of land and water
resource protection equivalent to an application consis-
tent with the plan, override such recommendation by
324 GENERAL ACTS AND RESOLUTIONS, VOL. I
affirmative vote of a two-thirds majority of the full mem-
bership of the governing body; however, such action by
the governing authority is not final unless and until the
governing authority:
(A) Following the affirmative vote to override,
holds a second public hearing on the application and
the proposed override of the commissions recommen-
dation, after giving public notice and after mailing
notice to the applicant and to the commission at least
five days prior to the hearing;
(B) Gives full consideration to all comments
made at the second public hearing;
(C) Obtains from the director a written finding
that the application is consistent with the plan or,
while not consistent with the plan in all respects,
will provide a level of land and water resource protec-
tion equivalent to an application consistent with the
plan; and
(D) Reaffirms the vote to override the commis-
sions recommendation by affirmative vote of a two-
thirds majority of the full membership of the govern-
ing authority, after again making a specific finding
that the application is in compliance with the plan
or a specific finding that the application, while not
consistent with the plan in all respects, will provide
a level of land and water resource protection equiva-
lent to an application consistent with the plan; or
(3) Request reconsideration of such recommenda-
tion by the commission at a public hearing.
If the governing authority fails to take action under ei-
ther paragraph (1), (2), or (3) of this subsection within 45
days after the submission of the recommendation of the com-
mission to the governing authority, the certificate shall not
be issued. Where a public hearing is requested under this
subsection, such public hearing shall be held by the commis-
sion within 30 days after receipt of such request. Notice
stating the time and place of the public hearing shall be
GEORGIA LAWS 1986 SESSION
325
mailed at least five days prior to the hearing to the governing
authority and to the applicant and public notice shall be
given. The commission shall make its final determination
with respect to such recommendation within 30 days after
such public hearing. The request for a public hearing under
this subsection may be made by the applicant or by the
governing authority involved.
(d) (1) In making the findings required by sub-
section (b) or by paragraph (2) of subsection (c) of this
Code section, the commission, the governing authority,
and the director shall follow the purposes set forth
in this part and the goals set forth by the plan, as
amended.
(2) Any finding by the director under paragraph (2)
of subsection (c) of this Code section shall be appealable
under Chapter 13 of Title 50, known as the 'Georgia Ad-
ministrative Procedure Act, as are final decisions in con-
tested cases.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
326
GENERAL ACTS AND RESOLUTIONS, VOL. I
BELOW COST SALES ACT ATTORNEY FEES AND COSTS;
PUNITIVE DAMAGES; MARKETING OF OCTANE OR
CETANE FUELS.
Code Section 10-1-255 Amended.
No. 1251 (Senate Bill No. 415).
AN ACT
To amend Code Section 10-1-255 of the Official Code of Geor-
gia Annotated, relating to civil actions for practices in the mar-
keting of octane or cetane fuels which are unlawful under the
"Below Cost Sales Act, so as to provide for reasonable attorney
fees and costs of litigation; to provide that a person who sustains
a competitive injury may recover punitive damages in a specified
amount; to provide that punitive damages shall not begin to
accrue until certain conditions have been met; to provide for
all related matters; to provide for severability; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 10-1-255 of the Official Code of
Georgia Annotated, relating to civil actions for practices in the
marketing of octane or cetane fuels which are unlawful under
the "Below Cost Sales Act, is amended by striking subsections
(a) and (b) and inserting in their place new subsections (a) and
(b) to read as follows:
"(a) Any person who sustains or is threatened with com-
petitive 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. A
successful petitioner shall be entitled to recover reasonable
attorney fees and costs of litigation.
(b) In addition to the action provided in subsection (a)
of this Code section, any person who sustains a competitive
GEORGIA LAWS 1986 SESSION
327
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 sus-
tained thereby including, but not limited to, reasonable at-
torneys fees and costs of litigation. A successful claimant
under this subsection shall be awarded punitive damages
not to exceed $1,000.00 for each day on which the defendant
continued to commit the violation of this article resulting
in competitive injury after having received from the plaintiff
a written notice that the defendant was engaging in such
violation. The maximum amount of such punitive damages
which may be awarded to any one plaintiff from any one
defendant, however, shall be $200,000.00.
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 26, 1986.
328
GENERAL ACTS AND RESOLUTIONS, VOL. I
COUNTY COMMISSIONERS VACANCIES; DUTIES OF
JUDGES OF THE PROBATE COURTS.
Code Section 36-5-21 Amended.
No. 1252 (Senate Bill No. 422).
AN ACT
To amend Code Section 36-5-21 of the Official Code of Georgia
Annotated, relating to filling vacancies in the office of county
commissioner, so as to provide for the composition of county
governing authorities and provide for vacancies in the office
of county commissioners pending the election and qualification
of successors to fill vacancies in such office and provide for com-
pensation for filling certain vacancies; 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 36-5-21 of the Official Code of Geor-
gia Annotated, relating to filling of vacancies in the office of
county commissioner, is amended by striking that Code section
and inserting in its place a new Code section to read as follows:
"36-5-21. (a) When a vacancy occurs in the office of
county commissioner in any county in which the local Act
creating a board of county commissioners for the county
makes no provision for succession to fill the vacancy and
the unexpired term of office exceeds six months in duration,
it shall be the duty of the judge of the probate court of
the county to call a special election to elect a successor and
fill the vacancy in not less than 30 nor more than 60 days.
The election shall be held as provided by Chapter 2 of Title
21, the 'Georgia Election Code, and the cost of the election
shall be defrayed by the proper county authorities. If the
unexpired term to be filled is less than six months in dura-
tion, the judge of the superior court of the county shall have
the power to appoint a successor to fill the unexpired term.
(b) Unless otherwise provided by local law, when the
office of any county commissioner is vacated for any reason
GEORGIA LAWS 1986 SESSION
329
and a special election is required to be called pursuant to
subsection (a) of this Code section, the remaining members
of the board of commissioners shall constitute the governing
authority of the county during the interim period between
the creation of the vacancy and the election and qualification
of a successor to fill the vacancy pursuant to subsection (a)
of this Code section, except that if as a result of that vacancy
or any combination of such vacancies there is no longer any
commissioner remaining in office to constitute the county
governing authority, the judge of the probate court of the
county shall serve as the county governing authority until
the election and qualification under subsection (a) of this
Code section of all successors to the vacated positions on
the county governing authority.
(c) A judge of the probate court serving as the county
governing authority pursuant to subsection 0)) of this Code
section shall receive for such service, in addition to any other
compensation that judge is authorized by law to receive,
an amount equal to the amount the chairman of the board
of commissioners or the sole commissioner, as applicable,
would have been authorized to receive for that period of
service.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
330
GENERAL ACTS AND RESOLUTIONS, VOL. I
LABOR AND INDUSTRIAL RELATIONS AMUSEMENT
RIDE SAFETY ACT; DEFINITIONS; APPLICABILITY;
"CARNIVAL RIDE SAFETY ACT ENACTED.
Code Section 34-12-2 Amended.
Code Sections 34-13-1 through 34-13-20 Enacted.
No. 1253 (Senate Bill No. 536).
AN ACT
To amend Code Section 34-12-2 of the Official Code of Georgia
Annotated, relating to definitions of terms used in the "Amuse-
ment Ride Safety Act, so as to clarify the definition of the
term "amusement ride; to amend Title 34 of the Official Code
of Georgia Annotated, relating to labor and industrial relations,
so as to enact the "Carnival Ride Safety Act; to provide a short
title; to provide for definitions; to provide for regulation and
licensing of the ownership and operation of carnival rides; to
provide for enforcement by the Department of Labor; to create
the Advisory Board on Carnival Ride Safety to consult with
the Department of Labor; to provide for the promulgation and
adoption of rules, regulations, and standards; to require safety
inspections; to require certain records to be kept; to require
liability insurance or other surety for liability arising from the
operation of carnival rides; to provide for waivers and excep-
tions; to provide for civil penalties; to authorize owners and
operators of carnival 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 practices, procedures, and other
requirements; to provide for fees; to provide for other matters
relative to the foregoing; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 34-12-2 of the Official Code of Geor-
gia Annotated, relating to definitions of terms used in the
"Amusement Ride Safety Act, is amended by striking para-
graph (2) of said Code section and inserting in lieu thereof a
new paragraph (2) to read as follows:
GEORGIA LAWS 1986 SESSION
331
"(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 amuse-
ment, pleasure, thrills, or excitement. Such term shall not
include any such device which is not permanently fixed to
a site.
Section 2. Title 34 of the Official Code of Georgia Anno-
tated, relating to labor and industrial relations, is amended by
adding at the end thereof a new Chapter 13 to read as follows:
"CHAPTER 13
34-13-1. This chapter shall be known and may be cited
as the 'Carnival Ride Safety Act.
34-13-2. As used in this chapter, the term:
(1) 'Advisory board means the Advisory Board on
Carnival Ride Safety created by this chapter.
(2) 'Carnival ride means any mechanical device,
other than amusement rides regulated under Chapter
12 of this title, known as the 'Amusement Ride Safety
Act, which carries or conveys passengers along, around,
or over a fixed or restricted route or cpurse or within a
defined area for the purpose of giving its passengers
amusement, pleasure, thrills, or excitement. Such term
shall not include any such device which is permanently
fixed to a site.
(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 the owners representative.
(4) 'Certificate of inspection means a certificate is-
sued by a licensed inspector that a carnival ride meets
all relevant provisions of this chapter and the standards
and regulations adopted pursuant thereto.
(5) 'Commissioner means Commissioner of Labor.
332
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) 'Department means the Department of Labor,
which is designated to enforce the provisions of this chap-
ter, to formulate standards and regulations for the ap-
proval of the advisory board, and to enforce the standards
and regulations.
(7) 'Licensed inspector means a registered profes-
sional engineer or any other person who is found by the
department to possess the requisite training and experi-
ence to perform competently the inspections required
by this chapter and who is licensed by the department
to perform inspections of carnival rides.
(8) 'Operator means a person or persons actually
engaged in or directly controlling the operation of a car-
nival ride.
(9) 'Owner means a person, including the state or
any of its subdivisions, who owns a carnival ride or, in
the event that the carnival ride is leased, the lessee.
(10) 'Permit means a permit to operate a carnival
ride issued to an owner by the department.
(11) 'Permit fee means the fee charged by the depart-
ment for a permit to operate a carnival ride.
(12) 'Standards and regulations means those stan-
dards and regulations formulated and enforced by the
department.
34-13-3. (a) There is created the Advisory Board on
Carnival 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 carnival rides; one mem-
ber shall be a member of the Senate or of the House of
Representatives; and one member shall be a licensed me-
chanical 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
GEORGIA LAWS 1986 SESSION
333
two for four years. The Governor, in making such appoint-
ments, 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 mem-
ber 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.
(d) The members of the advisory board shall serve with-
out 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 mem-
bers thereof.
34-13-4. The advisory board is empowered to study any
aspect of the 'Carnival Ride Safety Act and the standards
and regulations adopted thereunder and to make recommen-
dations to the department on any matter relating to the
proper conduct and improvement of the chapter, including
its administrative, engineering, and technical aspects.
34-13-5. (a) The department, after consultation with
the advisory board, shall formulate standards and regula-
tions, or changes to such standards and regulations, for the
safe assembly, disassembly, repair, maintenance, use, opera-
tion, and inspection of all carnival rides. The standards and
regulations shall be reasonable and based upon generally
accepted engineering standards, formulas, and practices per-
tinent 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.
No rule, regulation, or standard promulgated or adopted
pursuant to this chapter shall become effective prior to Janu-
ary i 1987.
(b) The department shall:
(1) Enforce all standards and regulations;
334
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) License inspectors for authorization to inspect
carnival 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 per-
mits for carnival rides, provided that the maximum fee
for inspection of any single carnival ride shall not exceed
$15.00 per ride per year.
34-13-6. The department may license such private in-
spectors as may be necessary to carry out the provisions
of this chapter.
34-13-7. (a) No carnival ride shall be operated in any
calendar year, except for purposes of testing and inspection,
until a permit for its operation has been issued by the depart-
ment. The owner of a carnival ride shall apply for a permit
to the department on a form furnished by the department,
providing such information as the department may require.
Ob) No such application shall be complete without in-
cluding a certificate of inspection from a licensed inspector
that the carnival 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.
34-13-8. (a) All carnival rides shall be inspected annu-
ally, and may be inspected more frequently, by a licensed
inspector at the owner or operators expense, provided that
the fee for all such inspections of any carnival ride shall
not exceed $15.00 per ride per year. If the carnival ride
meets all relevant provisions of this chapter and the stan-
dards and regulations adopted pursuant hereto, the licensed
inspector shall provide to the owner or operator a certificate
of inspection. All new carnival rides shall be inspected before
commencing public operation.
(b) Carnival rides and attractions may be required to
be inspected by an authorized person each time they are
GEORGIA LAWS 1986 SESSION
335
assembled or disassembled in accordance with regulations
and standards established under this chapter.
34-13-9. The department may waive the requirement
of subsection (a) of Code Section 34-13-8 if the owner of a
carnival ride gives satisfactory proof to the department that
the carnival 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 a carnival ride are at least as
stringent as those adopted pursuant to this chapter.
34-13-10. The department shall issue a permit to oper-
ate a carnival ride to the owner thereof, which permit shall
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 certif-
icate of inspection or waiver thereof by the department, and
payment of the permit fee.
34-13-11. The owner shall maintain up-to-date mainte-
nance, inspection, and repair records between inspection pe-
riods for each carnival ride in accordance with such stan-
dards 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 de-
scription 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.
34-13-12. No person shall be permitted to operate a car-
nival ride unless he is at least 16 years of age. An operator
shall be in attendance at all times that a carnival ride is
in operation and shall operate no more than one carnival
ride at any given time.
34-13-13. The owner of the carnival ride shall report
to the department any accident resulting in a fatality or
an injury requiring immediate inpatient overnight hospitali-
zation incurred during the operation of any carnival ride.
The report shall be in writing, shall describe the nature of
the occurrence and injury, and shall be mailed by first-class
336
GENERAL ACTS AND RESOLUTIONS, VOL. I
mail no later than the close of the next business day follow-
ing 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 advi-
sory board.
34-13-14. (a) No person shall operate a carnival 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 opera-
tor (if an independent contractor) against liability for
injury to persons arising out of the operation of the carni-
val ride;
(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 depart-
ment.
(b) Regulations under this chapter shall permit appro-
priate 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 de-
partment and licensed to transact business in this state.
34-13-15. 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 depart-
ment 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 depart-
ment shall be in writing and shall describe the conditions
under which the variance is granted or the reasons for de-
nial. A record shall be kept of all variances granted by the
department and such record shall be open to inspection by
the public.
34-13-16. This chapter shall not apply to any single-pas-
senger coin operated carnival ride on a stationary foundation
GEORGIA LAWS 1986 SESSION
337
or to playground equipment such as swings, seesaws, slides,
jungle gyms, and rider propelled merry-go-rounds.
34-13-17. This chapter shall not be construed so as to
prevent the use of any existing carnival ride found to be
in a safe condition and to be in conformance with the stan-
dards and regulations adopted pursuant to this chapter.
Owners of carnival rides in operation on or before the effec-
tive 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 adop-
tion of said standards and regulations.
34-13-18. Any owner of a carnival ride which is oper-
ated, except for purposes of testing or inspection, without
having obtained a permit from the department or any person
who violates any order, standard, or regulation adopted pur-
suant to this chapter may be subject to a civil fine of up
to $1,000.00. An owner of a carnival 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.
34-13-19. The owner or operator of a carnival ride may
deny entry to a person to a carnival ride if in the owners
or operators opinion the entry may jeopardize the safety
of such person or the safety of any other person. Nothing
in this Code section will permit an owner or operator to
deny an inspector access to a carnival ride when such inspec-
tor is acting within the scope of his duties under this chap-
ter.
34-13-20. 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 re-
spect to any claim by any person, firm, or corporation relat-
ing in any way whatsoever to carnival rides and any injury
or damages arising therefrom.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
338
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
AIR TRANSPORTATION ACT PILOTS EMPLOYED BY
THE DEPARTMENT OF TRANSPORTATION; MANDATORY
RETIREMENT AGE.
Code Section 50-19-23 Amended.
No. 1254 (Senate Bill No. 562).
AN ACT
To amend Article 2 of Chapter 19 of Title 50 of the Official
Code of Georgia Annotated, known as the "Air Transportation
Act, so as to provide that pilots employed by the Department
of Transportation may not continue in employment past 65
years of age; 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 2 of Chapter 19 of Title 50 of the Official
Code of Georgia Annotated, known as the "Air Transportation
Act, is amended by striking Code Section 50-19-23, relating
to the powers and duties of the Department of Transportation,
and inserting in lieu thereof a new Code Section 50-19-23 to
read as follows:
"50-19-23. The department shall have the following
powers and duties:
(1) To supervise, maintain, and schedule all state
aircraft;
GEORGIA LAWS 1986 SESSION
339
(2) To maintain a detailed record of all flights made
by state aircraft;
(3) To initiate a proficiency program for pilot em-
ployees;
(4) To discontinue the employment of any pilot em-
ployed by the Department of Transportation to fly state
aircraft upon such pilots reaching 65 years of age;
(5) To establish priorities concerning the use of state
aircraft;
(6) To execute such contracts as may be necessary
to carry out this article; and
(7) To assign special purpose state aircraft and per-
sonnel to any other department or agency of state govern-
ment.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA STATE FINANCING AND INVESTMENT
COMMISSION APPROPRIATIONS; USE IF DEBT IS NOT
INCURRED; NEGOTIATED SALES; INVESTMENTS.
Code Sections 50-17-23, 50-17-25, and 50-17-27 Amended.
No. 1255 (Senate Bill No. 579).
AN ACT
To amend Article 2 of Chapter 17 of Title 50 of the Official
Code of Georgia Annotated, known as the "Georgia State Financ-
340
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing and Investment Commission Act, so as to provide that an
appropriation of highest annual debt service requirements may
provide for use of the appropriation as capital outlay for specified
purposes if debt is not incurred; to provide that the Georgia
State Financing and Investment Commission shall be authorized
to negotiate the sale of notes and bonds; to provide that the
commission may invest bond proceeds in government obligations
in addition to those government obligations of the United States
government and those obligations guaranteed by the United
States government; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 17 of Title 50 of the Official
Code of Georgia Annotated, known as the "Georgia State Financ-
ing and Investment Commission Act, is amended by striking
subsection (a) of Code Section 50-17-23, relating to general obli-
gation and guaranteed revenue debt, and inserting in its place
a new subsection (a) to read as follows:
"(a) General obligation debt may not be incurred until
the General Assembly has enacted legislation stating the
purposes, in general or specific terms, for which such issue
of debt is to be incurred, specifying the maximum principal
amount of the issue, and appropriating an amount at least
sufficient to pay the highest annual debt service require-
ments for the issue. Appropriations made in each fiscal year,
as provided in this subsection, for debt service purposes shall
not lapse for any reason and shall continue in effect until
the debt for which such appropriation was authorized shall
have been incurred; but the General Assembly may repeal
any such appropriation at any time prior to the incurring
of such debt. Following the incurring of debt in any fiscal
year for any purpose for which an appropriation has been
made, there shall be deposited in the sinking fund provided
for in paragraph (1) of this subsection an amount equal to
the highest annual debt service requirements for such debt
coming due in any succeeding fiscal year. On or prior to
the end of such fiscal year, the commission shall certify to
the fiscal officer of the state the amount of the appropriation
for any purpose which has been transferred to the sinking
GEORGIA LAWS 1986 SESSION
341
fund and the amount of the anticipated highest annual debt
service requirement of debt authorized to be issued in such
fiscal year for any purpose by resolution of the commission
but which actually will be incurred in the next succeeding
fiscal year. The remaining appropriation for any purpose,
after deducting the aggregate amounts described in the pre-
ceding sentence, shall lapse, except that any such amount
attributable to an appropriation to general obligation debt
for the construction and improvement of public roads and
bridges shall not lapse but shall be paid to the Department
of Transportation. The General Assembly may provide in
an appropriation of highest annual debt service require-
ments that if the commission determines not to incur the
debt so authorized, the commission may expend the appropri-
ation as capital outlay for the purposes specified in the appro-
priation. The appropriation as capital outlay shall lapse at
the end of the fiscal year of the appropriation unless commit-
ted as provided by law. The appropriation as highest annual
debt service shall expire as authorization for debt when the
funds are committed as capital outlay but shall otherwise
lapse as provided by law.
(1) The General Assembly shall appropriate to a spe-
cial trust fund designated 'State of Georgia General Obli-
gation Debt Sinking Fund such amounts as are necessary
to pay annual debt service requirements on all general
obligation debt incurred hereunder. The sinking fund
shall be used solely for retirement of general obligation
debt payable therefrom.
(2) If the General Assembly shall fail to make any
appropriation or if for any reason the moneys in the
sinking fund are insufficient to make all payments re-
quired with respect to such general obligation debt as
and when the same becomes due, the director of the Fis-
cal Division of the Department of Administrative Ser-
vices shall set apart from the first revenues thereafter
received, applicable to the general fund of the state, such
amounts as are necessary to cure any such deficiencies
and shall immediately deposit the same into the sinking
fund. The director of the Fiscal Division of the Depart-
ment of Administrative Services may be required to set
aside and apply such revenues as aforesaid at the action
342
GENERAL ACTS AND RESOLUTIONS, VOL. I
of any holder of any general obligation debt incurred
under this article. The obligation to make such sinking
fund deposits shall be subordinate to the obligation im-
posed upon the fiscal officers of the state pursuant to
the second paragraph of Article IX, Section VII, Para-
graph 1(a) of the Constitution of Georgia of 1976.
(3) The moneys in the sinking fund shall be as fully
invested as practical, consistent with the requirements
to make current principal and interest payments. Any
such investments shall be restricted to obligations consti-
tuting direct and general obligations of the United States
government or obligations unconditionally guaranteed
as to the payment of principal and interest by the United
States government, maturing no longer than 12 months
from date of purchase.
(4) Appropriations to the sinking fund for debt ser-
vice requirements attributable to public debt incurred
or to be incurred for construction, reconstruction, and
improvement of public roads and bridges shall be consid-
ered as an appropriation for activities incident to provid-
ing and maintaining an adequate system of public roads
and bridges in this state for the purpose of Article III,
Section IX, Paragraph VI(b) of the Constitution.
Section 2. Said article is further amended by striking para-
graph (3) of subsection (b) of Code Section 50-17-25, relating to
authorization for the issuance and sale of notes and bonds, and
inserting in its place a new paragraph (3) to read as follows:
"(3) An authorizing resolution may authorize the is-
suance and sale of notes or it may authorize the issuance
and sale of bonds at public or private sale in such manner
and for such price as the commission may determine to be
for the best interests of the state.
Section 3. Said article is further amended by striking sub-
section (b) of Code Section 50-17-27, relating to the authority
of the Georgia State Financing and Investment Commission to
invest bond proceeds, and inserting in its place a new subsection
(b) to read as follows:
(b) Proceeds received from the sale of bonds evidencing
general obligation debt shall be held in trust by the commis-
GEORGIA LAWS 1986 SESSION
343
sion and disbursed promptly by the commission in accor-
dance with the original purpose set forth in the authorization
of the General Assembly and in accordance with rules and
regulations established by the commission. Bond proceeds
and other proceeds held by the commission shall be as fully
invested as is practical, consistent with the proper applica-
tion of such proceeds for the purposes intended. Investments
shall be limited to general obligations of the United States
or of subsidiary corporations of the United States govern-
ment fully guaranteed by such government, or to obligations
issued by the Federal Land Bank, Federal Home Loan Bank,
Federal Intermediate Credit Bank, Bank for Cooperatives,
Federal Farm Credit Banks, or to tax exempt obligations
issued by any state, county, municipal corporation, district,
or political subdivision, or civil division or public instrumen-
tality of any such government or unit of such government,
and no others. Income earned on any such investments or
otherwise earned by the commission shall be retained by
the commission and used to purchase and retire any public
debt or any bonds or obligations issued by any public agency,
public corporation, or authority which are secured by a con-
tract to which the second paragraph of Article IX, Section
VI, Paragraph 1(a) of the Constitution of Georgia of 1976
is applicable and may be used to pay operating expenses
of the commission.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
344
GENERAL ACTS AND RESOLUTIONS, VOL. I
BONDS GEORGIA RESIDENTIAL FINANCE AUTHORITY;
STATE CEILING; GEORGIA ALLOCATION PLAN;
CONTINGENT REPEAL.
Code Section 8-3-176 Amended.
Code Section 36-82-200 Enacted.
No. 1256 (Senate Bill No. 580).
AN ACT
To amend Code Section 8-3-176 of the Official Code of Georgia
Annotated, relating to powers of the Georgia Residential Fi-
nance Authority, so as to provide for the repeal of certain provi-
sions relating to the "state ceiling on single-family residential
housing bonds imposed by and defined in subsection (g) of Code
Section 8-3-176, the "Mortgage Subsidy Bond Tax Act of 1980,
upon the occurrence of certain events; to amend Article 8 of
Chapter 82 of Title 36 of the Official Code of Georgia Annotated,
known as the "Georgia Allocation Plan, so as to provide for
the repeal of said article and the Georgia Allocation Plan upon
the occurrence of certain events; to override any specified per-
centage or amount of a state ceiling or volume cap otherwise
set aside by federal law for any category or categories of state
or local government obligations; to provide for the designation
of the commissioner of community affairs as the official to certify
or otherwise provide certain information to the United States
Department of the Treasury and its officials; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 8-3-176 of the Official Code of Geor-
gia Annotated, relating to powers of the Georgia Residential
Finance Authority, is amended by adding at the end of said
Code section a new subsection (h) to read as follows:
"(h) If federal legislation is enacted prior to February
1,1987, which requires that allocations for single-family resi-
dential housing obligations issued by state or local govern-
ment units, or both, be issued in a manner not currently
GEORGIA LAWS 1986 SESSION
345
provided for in those certain statutory provisions relating
to the 'state ceiling on single-family residential housing
bonds imposed by and defined in subsection (g) of Code Sec-
tion 8-3-176, the 'Mortgage Subsidy Bond Tax Act of 1980,
in order to issue certain state and local government single-
family residential housing obligations the interest on which
is exempt from federal income taxation, then those certain
statutory provisions relating to the 'state ceiling on single-
family residential housing bonds imposed by and defined
in subsection (g) of Code Section 8-3-176, the 'Mortgage Sub-
sidy Bond Tax Act of 1980, shall stand repealed on the effec-
tive date specified in such federal legislation as of which
any such state or local government unit would be unable
to issue single-family residential housing obligations the in-
terest on which is exempt from federal income taxation be-
cause the aforesaid statutory provisions relating to the 'state
ceiling on single-family residential housing bonds imposed
by and defined in subsection (g) of Code Section 8-3-176, the
'Mortgage Subsidy Bond Tax Act of 1980, does not contain
or contemplate provisions consistent with such federal legis-
lation in regard to allocations for such obligations.
Section 2. Article 8 of Chapter 82 of Title 36 of the Official
Code of Georgia Annotated, known as the "Georgia Allocation
Plan, is amended by adding at the end thereof a new Code
Section 36-82-200 to read as follows:
"36-82-200. If federal legislation is enacted prior to Feb-
ruary 1,1987, which requires that allocations for obligations
(other than single-family residential housing obligations) is-
sued by state or local government units, or both, be issued
in a manner not currently provided for in the Georgia Alloca-
tion Plan in order to issue certain state and local government
obligations (other than single-family residential housing ob-
ligations) the interest on which is exempt from federal in-
come taxation, then this article and the Georgia Allocation
Plan shall stand repealed on the effective date specified in
such federal legislation as of which any such state or local
government unit would be unable to issue obligations (other
than single-family residential housing obligations) the inter-
est on which is exempt from federal income taxation because
the Georgia Allocation Plan does not contain or contemplate
provisions consistent with such federal legislation in regard
to allocations for such obligations.
346 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. If federal legislation (such as H.R. 3838) is en-
acted prior to February 1, 1987, requiring a set-aside or set-
asides of a portion or portions of the state ceiling or volume
cap for any category or categories of state or local government
obligations, or both, including, without limitation, housing re-
lated obligations, such set-aside or set-asides are overriden to
the fullest extent permitted by such federal legislation.
Section 4. If federal legislation (such as H.R. 3838) is en-
acted prior to February 1,1987, effectively requiring certificates
or reports to be made by a state official to the United States
Department of the Treasury or any official of said department
in order to secure or maintain the exemption from federal in-
come taxation of interest on obligations issued by state or local
government units, or both, the commissioner of community af-
fairs is designated as the state official to make any such certifica-
tions or reports to the fullest extent that such federal legislation
permits this designation.
Section 5. Sections 3 and 4 of this Act are not intended
to allocate the states ceiling or volume cap or to comprehen-
sively address such allocation, nor are they intended to affect,
or to be construed as affecting, any right and power which the
Governor of the State of Georgia may be granted pursuant to
any federal legislation hereafter enacted to proclaim a formula
for allocating the states ceiling or volume cap. Sections 3 and
4 of this Act are only intended to constitute action in those
discrete areas of any federal legislation hereafter enacted which
specifically require legislative action, and such discrete action
is being taken at this time because the General Assembly may
not come into session again until after the effective date of such
federal legislation.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
347
COUNTIES SINGLE COMMISSIONERS OF COUNTIES;
MINIMUM ANNUAL SALARIES.
Code Section 36-5-25 Enacted. ,
No. 1257 (House Bill No. 453).
AN ACT
To amend Chapter 5 of Title 36 of the Official Code of Georgia
Annotated, relating to organization of county government, so
as to provide minimum annual salaries for county commission-
ers of counties which are governed by a single county commis-
sioner; to provide exceptions; to provide for application with
respect to any expense allowance or automobile allowance re-
ceived by a county commissioner in addition to his salary; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 36 of the Official Code of
Georgia Annotated, relating to organization of county govern-
ment, is amended by adding at the end of Article 2 a new Code
Section 36-5-25 to read as follows:
"36-5-25. (a) Except as otherwise provided in Code Sec-
tion 36-5-23 and Code Section 36-5-24, in every county of
this state in which the county government is administered
by a single county commissioner, such county commissioner
shall be entitled to receive a minimum annual salary equal
in amount to the minimum annual salary provided for the
sheriff of any such county pursuant to the provisions of sub-
section (a) of Code Section 15-16-20; provided, however, that
a local law may provide for a greater annual salary than
such minimum salary or may provide an expense allowance
in addition to such minimum salary or in addition to such
greater salary; provided, further, that any such county com-
missioner may by resolution elect to receive a salary of lesser
amount which is provided by a local law.
(b) The provisions of subsection (a) of this Code section
shall not affect any automobile allowance provided for any
such county commissioner pursuant to local law.
348
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
ELECTIONS POLLING PLACES; STANDARDS FOR
SELECTION.
Code Sections 21-2-266 and 21-3-164 Amended.
No. 1258 (House Bill No. 1235).
AN ACT
To amend Code Section 21-2-266 of the Official Code of Geor-
gia Annotated, relating to the use of public buildings as polling
places for state and county elections, and Code Section 21-3-
164 of the Official Code of Georgia Annotated, relating to the
use of public buildings as polling places for municipal elections,
so as to require that in selecting polling places the election
superintendent or governing authority shall give consideration
to the comfort and convenience those places to be selected will
provide for both electors and poll officers; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 21-2-266 of the Official Code of
Georgia Annotated, relating to the use of public buildings as
polling places for state and county elections, is amended by
striking subsection (a) thereof and inserting in its place a new
subsection (a) to read as follows:
"(a) In selecting polling places, the superintendent shall
select, wherever practicable and consistent with subsection
(d) of Code Section 21-2-265, schoolhouses, municipal build-
GEORGIA LAWS 1986 SESSION
349
ings or rooms, or other public buildings for that purpose.
In selecting polling places, the superintendent shall give con-
sideration to the comfort and convenience those places to
be selected will provide to both electors and poll officers.
School, county, municipal, or other governmental authori-
ties, upon request of the superintendent, shall make arrange-
ments for the use of their property for polling places; pro-
vided, however, that such use shall not substantially
interfere with the use of such property for the purposes for
which it is primarily intended.
Section 2. Code Section 21-3-164 of the Official Code of
Georgia Annotated, relating to the use of public buildings as
polling places for municipal elections, is amended by striking
subsection (a) thereof and inserting in its place a new subsection
(a) to read as follows:
"(a) In selecting polling places, the governing authority
shall, wherever practicable, select schoolhouses, municipal
buildings or rooms, or other public buildings for that pur-
pose. In selecting polling places, the governing authority
shall give consideration to the comfort and convenience
those places to be selected will provide to both electors and
poll officers. School, county, municipal, or other governmen-
tal authorities shall, upon request of the municipal govern-
ing authority, make arrangements for the use of their prop-
erty for polling places; provided, however, that such use shall
not substantially interfere with the use of such property
for the purposes for which it is primarily intended.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
350
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA WATER QUALITY CONTROL ACT PERMIT
TERMS; GENERAL PERMITS; FEDERAL FUNDS;
PENALTIES; LOCAL ORDINANCES.
Code Sections 12-5-30, 12-5-52, and 12-5-53 Amended.
Code Section 12-5-38.1 Enacted.
No. 1259 (House Bill No. 1280).
AN ACT
To amend Article 2 of Chapter 5 of Title 12 of the Official
Code of Georgia Annotated, relating to control of water pollution
and surface-water use, so as to authorize the director to set
the permit term consistent with federal law but not to exceed
ten years; to authorize the issuance of general permits for dis-
charges of pollutants; to provide for the administration of cer-
tain federal funds; to provide increased civil penalties; to provide
increased criminal penalties; to provide an additional criminal
penalty for a knowing violation of this article; to provide an
additional criminal penalty for a knowing violation of this arti-
cle which places another person in imminent danger of death
or serious bodily injury; to provide for related matters; to provide
for the effect of this article on local 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. Article 2 of Chapter 5 of Title 12 of the Official
Code of Georgia Annotated, relating to control of water pollution
and surface-water use, is amended by striking in its entirety
subsection (d) of Code Section 12-5-30, relating to permits for
construction and operation of facilities which discharge pollu-
tants into waters of the state, and inserting in lieu thereof a
new subsection (d) to read as follows:
"(d) Each permit issued under subsections (a) and (b)
of this Code section shall have a fixed term set by the director
consistent with the federal Clean Water Act of 1977, P.L.
95-217, as now or hereafter amended but not to exceed ten
years. Upon expiration of such permit, a new permit may
GEORGIA LAWS 1986 SESSION
351
be issued by the director after review by him in accordance
with such guidelines as he shall prescribe; after notice and
opportunity for public hearing; and upon condition that the
discharge meets or will meet, pursuant to any schedule of
compliance included in such permit, all applicable water
quality standards, effluent limitations, and all other require-
ments established pursuant to this article. The director is
authorized to include in permits issued under this subsection
such terms and conditions as are authorized under subsec-
tions (a) and (c) of this Code section. The director may revoke,
suspend, or modify any permit issued under this subsection
or subsection (a) or (b) of this Code section, for cause, includ-
ing but not limited to the following:
(1) Violation of any condition of the permit;
(2) Obtaining a permit by misrepresentation or fail-
ure to disclose fully all relevant facts;
(3) Change in any condition that requires either a
temporary or permanent reduction or elimination of the
permitted discharge.
In the event of modification, suspension, or revocation of a
permit, the director shall serve written notice of such action
on the permit holder and shall set forth in such notice the
reason for such action.
Section 2. Said article is further amended by adding at
the end of Code Section 12-5-30, relating to permits for construc-
tion and operation of facilities which discharge pollutants into
waters of the state, a new subsection (f) to read as follows:
(f) The director may issue general permits for dis-
charges of pollutants from categories of point sources which
are subject to the same permit limitations and conditions.
Such general permits may be issued without individual appli-
cations.
Section 3. Said article is further amended by adding imme-
diately following Code Section 12-5-38 a new Code Section 12-
5-38.1 to read as follows:
"12-5-38.1. (a) The director is authorized to administer
funds granted to the state by the administrator of the federal
352
GENERAL ACTS AND RESOLUTIONS, VOL. I
Environmental Protection Agency pursuant to Title II of
the federal Water Pollution Control Act, as now or hereafter
amended, for the purpose of providing assistance to munici-
palities, counties, or any combination thereof or to any public
authority, agency, commission, or institution for construc-
tion of treatment works as that term is defined in Section
212 of the federal Clean Water Act of 1977, P.L. 95-217,
which are publicly owned.
(b) Any such funds received from the administrator of
the federal Environmental Protection Agency shall be depos-
ited in a water pollution control revolving fund established
by the director. In addition to such federal funds, other non-
federal funds may be deposited in such revolving fund as
they become available to the division. The forms of revolving
fund assistance and the manner of administering such fund
shall be determined in accordance with rules and regulations
promulgated by the Board of Natural Resources.
(c) The director is authorized to contract with any other
state agency, authority, board, or commission for the purpose
of providing for the management, investment, and disburse-
ment of all funds deposited in the water pollution control
revolving fund.
Section 4. Said article is further amended by striking in
its entirety subsection (a) of Code Section 12-5-52, relating to
civil penalty, and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) Any person violating any provision of this article
or any permit condition or limitation established pursuant
to this article or, negligently or intentionally, failing or re-
fusing to comply with any final or emergency order of the
director issued as provided in this article, shall be liable
to a civil penalty not to exceed $25,000.00 per day for each
day during which such violation continues.
Section 5. Said article is further amended by striking Code
Section 12-5-53, relating to criminal penalty, and inserting in
lieu thereof a new Code Section 12-5-53 to read as follows:
"12-5-53. (a) Any person who violates any provision
of this article or any permit condition or limitation estab-
GEORGIA LAWS 1986 SESSION
353
lished pursuant to this article or who fails, neglects, or re-
fuses to comply with any final order of a court lawfully issued
as provided in this article or who violates any requirement
imposed in a pretreatment program approved by the director
or who introduces into a sewer system or into a publicly
owned treatment works any pollutant or hazardous sub-
stance which causes or may reasonably be anticipated to
cause personal injury or property damage or which causes
such treatment works to violate any effluent limitation or
condition in any permit issued to the treatment works pur-
suant to this article, shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than $2,500.00
per day nor more than $25,000.00 per day of violation, or
imprisoned no more than one year, or both. If the conviction
is for a violation committed after a first conviction of such
person under this subsection, punishment shall be by a fine
of not more than $50,000.00 per day of violation, by imprison-
ment for not more than two years, or both.
(b) Any person who knowingly makes any false state
ment, representation, or certification in any application, rec-
ord, report, plan, or other document filed or required to be
maintained by this article or by any permit, rule, regulation,
or order issued under this article, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device
or method required to be maintained by this article or by
any permit, rule, regulation, or order issued under this arti-
cle, shall be guilty of a felony and, upon conviction thereof,
shall be fined not more than $10,000.00, imprisoned not more
than two years, or both. If the conviction is for a violation
committed after a first conviction of such person under this
subsection, punishment shall be by a fine of not more than
$20,000.00 per day of violation, or by imprisonment for not
more than four years, or both.
(c) Any person who knowingly violates any provision
of this article or any permit condition or limitation estab-
lished pursuant to this article or who knowingly fails, ne-
glects, or refuses to comply with any final order of a court
lawfully issued as provided in this article or who knowingly
violates any requirement imposed in a pretreatment pro-
gram approved by the director or who knowingly introduces
into a sewer system or into a publicly owned treatment works
354 GENERAL ACTS AND RESOLUTIONS, VOL. I
any pollutant or hazardous substance which causes or may
reasonably be anticipated to cause personal injury or prop-
erty damage or which causes such treatment works to violate
any effluent limitation or condition in any permit issued
to the treatment works pursuant to this article shall be
guilty of a felony and, upon conviction thereof, shall be pun-
ished by a fine of not less than $5,000.00 per day nor more
than $50,000.00 per day of violation or by imprisonment
for not more than two years, or both. If the conviction is
for a violation committed after the first conviction of such
person under this subsection, punishment shall be by a fine
of not more than $100,000.00 per day of violation or by im-
prisonment for not more than four years, or both.
(d) Any person who knowingly violates any provision
of this article or any permit condition or limitation estab-
lished pursuant to this article or who knowingly fails, ne-
glects, or refuses to comply with any final order of a court
lawfully issued as provided in this article and who knows
at that time that he thereby places another person in immi-
nent danger of death or serious bodily injury shall be guilty
of a felony and, upon conviction thereof, shall be punished
by a fine of not more than $250,000.00 or imprisonment of
not more than 15 years, or both. A defendant that is an
organization shall, upon conviction of violating this subsec-
tion, be subject to a fine of not more than $1 million. The
following provisions apply for the purpose of this subsection:
(1) In determining whether a defendant who is an
individual knew that his conduct placed another person
in imminent danger of death or serious bodily injury,
the person is responsible only for actual awareness or
actual belief that he possessed, and knowledge possessed
by a person other than the defendant but not by the
defendant himself may not be attributed to the defen-
dant; except that in proving the defendants possession
of actual knowledge, circumstantial evidence may be
used, including evidence that the defendant took affirma-
tive steps to shield himself from relevant information;
(2) It is an affirmative defense to prosecution that
the conduct charged was consented to by the person en-
dangered and that the danger and conduct charged were
GEORGIA LAWS 1986 SESSION
355
reasonably foreseeable hazards of an occupation, a busi-
ness, a profession, medical treatment, or medical or scien-
tific experimentation conducted by professionally ap-
proved methods and that the person endangered had
been made aware of the risks involved prior to giving
consent. Such defense must be established by the prepon-
derance of the evidence;
(3) The term 'organization means a legal entity,
other than a government, established or organized for
any purpose, and such term includes a corporation, com-
pany, association, firm, partnership, joint stock company,
foundation, institution, trust, society, union, or any other
association of persons; and
(4) The term 'serious bodily injury means bodily
injury which involves a substantial risk of death, uncon-
sciousness, extreme physical pain, protracted and obvi-
ous disfigurement, or protracted loss or impairment of
the function of a bodily member, organ, or mental faculty.
(e) It shall be an affirmative defense under subsections
(a) and (c) of this Code section that the introduction of any
pollutant or hazardous substance into a sewer system or a
publicly owned treatment works was in compliance with all
applicable federal, state, and local requirements which gov-
ern the introduction of a pollutant or hazardous substance
into a sewer or publicly owned treatment works.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
356
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE GOVERNMENT MILEAGE AND TRAVEL
EXPENSE REIMBURSEMENT.
Code Section 50-19-7 Amended.
No. 1260 (House Bill No. 1348).
AN ACT
To amend Code Section 50-19-7 of the Official Code of Georgia
Annotated, relating to reimbursement for mileage and travel
expenses for public officials and employees, so as to change the
mileage allowance; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 50-19-7 of the Official Code of Geor-
gia Annotated, relating to reimbursement for mileage and travel
expenses for public officials and employees, is amended by strik-
ing said Code section in its entirety and inserting in lieu thereof
a new Code Section 50-19-7 to read as follows:
"50-19-7. The officers, officials, and employees of the ex-
ecutive, legislative, and judicial branches of state govern-
ment shall be paid 21^ per mile as traveling expense when
traveling in the service of the state or any agency thereof
by personal motor vehicle and, in addition to mileage, shall
be reimbursed for actual expenses incurred by reason of
tolls and parking fees. Members of the General Assembly
shall not receive the 21^ per mile until members take office
on the convening date of the General Assembly in regular
session in 1987 and until that time shall receive 2(V per
mile.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
357
UNIFORM COMMERCIAL CODE SECURED
TRANSACTIONS; FINANCING AND CONTINUATION
STATEMENTS; MATURITY DATE; EXPIRATION.
Code Sections 11-9-402 and 11-9-403 Amended.
No. 1261 (House Bill No. 1364).
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 state-
ment 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 only as to certain secured
transactions; to provide for the expiration of financing state-
ments and continuation statements after certain times; to pro-
vide for all related matters; to provide an effective date and
for applicability; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 4 of Article 9 of Title 11 of the Official
Code of Georgia Annotated, relating to filing of financing state-
ments in secured transactions, is amended by striking subsec-
tions (1) and (3) of Code Section 11-9-402, relating to formal
requisites of financing statements, and substituting in lieu
thereof new subsections (1) and (3) to read as follows:
"(1) A financing statement is sufficient if it gives the
names of the debtor and the secured party, is signed by
the debtor, gives an address of the secured party from which
information concerning the security interest may be ob-
tained, gives a mailing address of the debtor, contains a
statement indicating the types, or describing the items, of
collateral, and, where both (i) the collateral described con-
sists only of consumer goods as defined in Code Section 11-
9-109 and (ii) the secured obligation is originally $5,000.00
or less, gives the maturity date of the secured obligation
358
GENERAL ACTS AND RESOLUTIONS, VOL. I
or specifies that such obligation is not subject to a maturity
date. A financing statement may be filed before a security
agreement is made or a security interest otherwise attaches.
When the financing statement covers crops growing 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. 'Secured obligation for purposes
of this Code section and Code Section 11-9-403 shall include
a loan or any series of advances of money pursuant to
a loan agreement or undertaking or any forbearance to en-
force a claim for the collection of money or any purchase
price or any installment obligation or any other obliga-
tion.
(3) A form substantially as follows is sufficient to comply
with subsection (1) of this Code section:
Name of debtor (or assignor)............................
Address.........................................!........
Name of secured party (or assignee).....................
Address.................................................
(If both (i) the collateral described consists only of con-
sumer goods as defined in Code Section 11-9-109 and (ii)
the secured obligation is originally 5,000.00 or less) Matu-
rity date of obligation.................................
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:
GEORGIA LAWS 1986 SESSION
359
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 (in-
cluding oil and gas) or accounts will
be financed at the wellhead or mine-
head of the well or mine on:
(Describe real estate)
And this financing statement is to be indexed in the real
estate records.
(If the debtor The name of the record
does not have owner or record lessee of
an interest of the real estate is.......
record in the
real estate)
3. (If products of collateral are claimed) Products
of the collateral are also covered.
(Use whichever Signature of debtor (or
is applicable) assignor) ........
Signature of secured party (or assig-
nee) ......
Section 2. Said part is further amended by striking subsec-
tions (2) and (3) of Code Section 11-9-403, relating to filing and
termination of financing statements, and substituting in lieu
thereof new subsections (2) and (3) and a new subsection (8) to
read as follows:
"(2). Except as provided in subsections (6) and (8) of this
Code section a filed financing statement is effective for a
period of five years from the date of filing or until the twenti-
eth day following any maturity date specified in the financ-
ing statement, whichever is earlier. Except as provided in
(Use whichever
applicable to
collateral
involved)
360 GENERAL ACTS AND RESOLUTIONS, VOL. I
subsection (8) of this Code section, the effectiveness of a filed
financing statement lapses on the earlier of the expiration
of the five-year period or the twentieth day following any
maturity date specified in the financing statement unless
a continuation statement is filed prior to the lapse. If a secu-
rity 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 state-
ment, whichever occurs later. Upon lapse the security inter-
est 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.
(3) A continuation statement may be filed by the se-
cured 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 orig-
inal statement is still effective, and, where both (i) the collat-
eral described consists only of consumer goods as defined
in Code Section 11-9-109 and (ii) the secured obligation as
defined in subsection (1) of Code Section 11-9-402 is originally
$5,000.00 or less, specify the maturity date of the secured
obligation or specify that such obligation is not subject to
a maturity date. If the debtors 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 state-
ment 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, in-
cluding 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 after the
GEORGIA LAWS 1986 SESSION
361
date to which the filing was effective or until the twentieth
day following any 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 sec-
tion 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 origi-
nal statement.
(8) Except as provided in subsection (6) of this Code sec-
tion, any financing statement or continuation statement
which was filed on or after July 1, 1985, which described
collateral not consisting only of consumer goods as defined
in Code Section 11-9-109, or for which the secured obligation
as defined in subsection (1) of Code Section 11-9-402 originally
was greater than $5,000.00, is effective for a period of five
years from the date of filing notwithstanding any maturity
date specified in any such financing or continuation state-
ment and notwithstanding any provision of prior law to the
contrary, unless such financing statement or continuation
statement lapsed prior to the effective date of this subsec-
tion.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval and shall apply to financing statements and continua-
tion statements originally filed on or after said effective date,
except that the new subsection (8) of Code Section 11-9-403 shall
apply to financing statements and continuation statements filed
on or after July 1, 1985.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
362
GENERAL ACTS AND RESOLUTIONS, VOL. I
HERTY FOUNDATION POWERS; RESEARCH,
EXPERIMENTATION, PRODUCTION, AND
MANUFACTURE OF NATURAL AND SYNTHETIC FIBERS
AND MATERIALS.
Code Sections 12-6-131, 12-6-133, 12-6-134, and 12-6-138
Amended.
No. 1262 (House Bill No. 1462).
AN ACT
To amend Part 5 of Article 1 of Chapter 6 of Title 12 of
the Official Code of Georgia Annotated, relating to the Herty
Foundation, so as to expand the powers of the foundation to
include research and experimentation and production and man-
ufacture with respect to natural and synthetic fibers and materi-
als; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 5 of Article 1 of Chapter 6 of Title 12 of
the Official Code of Georgia Annotated, relating to the Herty
Foundation, is amended by striking subsection (c) of Code Sec-
tion 12-6-131, relating to the powers of the Herty Foundation,
generally, and inserting in lieu thereof a new subsection (c) to
read as follows:
"(c) The purposes of the foundation are to experiment
in pulpwood of all kinds, to discover and determine uses
for which the same are adaptable, to conduct research and
experimentation with respect to natural and synthetic fibers
and materials of all types, to produce and manufacture for
others goods and products using such pulpwood, fibers, and
materials, and to permit those states, subdivisions, corpora-
tions, and individuals who contribute to the maintenance
and support of the foundation to share fully and equally
in the accomplishments and services of the foundation.
Section 2. Said part is further amended by striking Code
Section 12-6-133, relating to the powers of the Herty Foundation,
GEORGIA LAWS 1986 SESSION
363
and inserting in lieu thereof a new Code Section 12-6-133 to
read as follows:
"12-6-133. The foundation shall have the following pow-
ers:
(1) To establish and modify from time to time a sys-
tem of experimentation in pulpwood;
(2) To conduct research and experimentation with
respect to natural and synthetic fibers and materials of
all types and to produce and manufacture for others
goods and products using pulpwood and natural or syn-
thetic fibers and materials;
(3) To accept and hold title to the equipment of every
kind now being used at Savannah, Georgia, or elsewhere;
(4) To acquire and own realty and personal property
regardless of where located; and
(5) To do generally such acts and things as are found
necessary to promote and advance the basic purpose of
the foundation as stated in Code Section 12-6-131.
Section 3. Said part is further amended by striking subsec-
tion (b) of Code Section 12-6-134, relating to services rendered
by the foundation, and inserting in lieu thereof a new subsection
(b) to read as follows:
"(b) The foundation is authorized to accept donations,
bequests, and appropriations from this state or any other
state or any subdivision thereof or from any individual or
corporation. In consideration of such appropriations, the
foundation is empowered to conduct, within the limits of
its equipment, experimentation on any pulpwood or natural
or synthetic fibers or materials peculiarly beneficial to the
various states making such appropriations.
Section 4. Said part is further amended by striking Code
Section 12-6-138, relating to support of experimental work, and
inserting in lieu thereof a new Code Section 12-6-138 to read
as follows:
364
GENERAL ACTS AND RESOLUTIONS, VOL. I
"12-6-138. The board of directors as provided for in Code
Section 12-6-132 shall have such authority as they may, in
their discretion, require in order to extend support to other
individuals or foundations in experimental work with pulp-
wood or natural or synthetic fibers or materials of all
kinds.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
REAL ESTATE BROKERS AND SALESPERSONS
QUALIFICATIONS; RENEWAL OF LICENSES;
REVOCATION; HEARINGS; NOTICES; TRUST AND
ESCROW ACCOUNTS; CONTRACTS.
Code Title 43, Chapter 40 Amended.
No. 1263 (House Bill No. 1545).
AN ACT
To amend Chapter 40 of Title 43 of the Official Code of Geor-
gia Annotated, relating to real estate brokers and salespersons,
so as to change certain qualifications for licensure as a salesper-
son; to change certain educational requirements; to change the
time for renewal of licenses; to change certain conditions for
the granting of a license; to provide for the revocation of licenses;
to provide for hearings; to provide for notification to the commis-
sion upon a broker changing the address of the brokers place
of business; to change certain requirements for trust or escrow
accounts; to change certain violations; to provide that it shall
be lawful for licensees to complete listing or sales contracts or
leases which have been prepared by legal counsel; to provide
for exceptions; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
365
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Part 1
Section 1. Chapter 40 of Title 43 of the Official Code of
Georgia Annotated, relating to real estate brokers and salesper-
sons, is amended by striking subsections (a) through (c) of Code
Section 43-40-8, relating to the qualifications of licensees, in
its entirety and inserting in lieu thereof new subsections (a)
through (c) to read as follows:
"(a) In order to qualify for a salespersons license an
applicant must:
(1) Have attained the age of 18 years;
(2) Be a resident of the State of Georgia, unless that
person has fully complied with the provisions of Code
Section 43-40-9;
(3) Be a high school graduate or the holder of a cer-
tificate of equivalency;
(4) Furnish evidence of completion of at least 60 in-
class hours in a salespersons course or courses of study
approved by the commission; and
(5) Stand and pass a real estate examination admin-
istered by or approved by the commission covering gener-
ally the matters confronting real estate brokers and
salespersons after completing at least 30 hours of the
requirements of paragraph (4) of this subsection.
Failure to meet any of these requirements shall be grounds
for denial of license without a hearing.
(b) In order to qualify for a broker or associate brokers
license, an applicant must:
(1) Have attained the age of 21 years;
(2) Be a resident of the State of Georgia, unless that
person has fully complied with the provisions of Code
Section 43-40-9;
366
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Be a high school graduate or the holder of a cer-
tificate of equivalency;
(4) Have served actively for three years as a licensed
salesperson;
(5) Furnish evidence of completion of 60 in-class
hours in a brokers course of study approved by the com-
mission; and
(6) Stand and pass a real estate examination admin-
istered by or approved by the commission covering gener-
ally the matters confronting real estate brokers and
salespersons after completing the requirements of para-
graph (5) of this subsection and after serving at least
two years of active licensure.
Failure to meet any of the requirements shall be grounds
for denial of license without a hearing.
(c) Upon being issued an original salespersons license,
each salesperson shall be required to furnish the commission,
within one year of the issuance of a license, evidence of
satisfactory completion of a course of study of at least 30
in-class hours approved by the commission. As a part of satis-
factory completion of this course, the licensee must stand
and pass an examination covering the subject matter con-
tained in the course. The commission in its discretion may
approve an examination prepared by and administered by
the school offering the course or may prepare and administer
an examination itself. The license of any salesperson who
fails to complete satisfactorily in a timely manner the course
provided for in this subsection shall lapse, and the salesper-
sons wall certificate of licensure and pocket card shall imme-
diately be surrendered to the commission. Any salesperson
whose license lapses for failure to complete satisfactorily
this course may reinstate the license in the following man-
ner:
(1) Any salesperson who has enrolled in the course
within one year of the issuance of an original license,
has paid all required fees for the course, and:
(A) Has not completed all in-class sessions or re-
quired exercises or examinations;
GEORGIA LAWS 1986 SESSION
367
(B) Produces a medical doctors certification of
incapacitation which caused the licensee to be unable
to complete all in-class sessions and the examination;
or
(C) Has not completed the course or the exami-
nation due to cancellation of the course by the ap-
proved school;
may reinstate the license by completing the course within
six months of the lapsing of the license.
(2) Any salesperson who fails to reinstate a lapsed
license as provided in paragraph (1) of this subsection
must qualify as an original applicant by passing a new
examination as required in subsection (a) of this Code
section.
Part 2
Section 2. Chapter 40 of Title 43 of the Official Code of
Georgia Annotated, relating to real estate brokers and salesper-
sons, is amended by striking subsections (c) through (g) of Code
Section 43-40-8, relating to qualifications of licensees, in their
entirety and inserting in lieu thereof new subsections (c) through
(h) to read as follows:
"(c) Upon being issued an original salespersons license,
each salesperson shall be required to furnish the commission,
within one year of the issuance of a license, evidence of
satisfactory completion of a course of study not to exceed
80 in-class hours approved by the commission.
(d) Except those persons actively licensed on January
1,1980, each applicant for renewal of a license must furnish
to the commission evidence of satisfactorily completing a
continuing education course or courses not to exceed six
hours of study every two years in a course or courses ap-
proved by the commission. This requirement of continuing
education must be met for each renewal period. The commis-
sion shall not require the passing of an examination to meet
this requirement. Continuing education courses will be pro-
vided by all educational or duly authorized instructional
368
GENERAL ACTS AND RESOLUTIONS, VOL. I
organizations teaching real estate licensing courses. No li-
censee whose license has been placed on inactive status shall
be allowed to reactivate unless the provisions of this subsec-
tion 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 commis-
sion may require.
(f) Failure to complete any of the educational require-
ments 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 licen-
sees under this chapter educational material deemed of assis-
tance in the conduct of their business.
(h) The commission, through its rules and regulations,
shall establish standards for the offering by correspondence
of all or any portion of the education courses required by
this Code section.
Section 3. Said chapter is further amended by striking
subsections (c), (d), (h), (1), and (m) of Code Section 43-40-12,
relating to license fees, and inserting in their respective places
new subsections (c), (d), (h), (1), and (m) to read as follows:
"(c) Prior to the issuance of an original license, each
applicant who has passed the examination required by Code
Section 43-40-8 and each corporation and partnership shall
pay an activation fee in advance.
"(d) All licenses shall be renewed periodically as deter-
mined by the commission in its rules and regulations, and
the commission shall charge a fee for any such license re-
newed. The time for renewal of a license and the number
of years for which it may be renewed shall be in the discre-
tion of the commission. All fees shall be deposited into the
state treasury for the expenses of the commission. This Code
GEORGIA LAWS 1986 SESSION
369
section shall not obviate any other fees or conditions required
to maintain such license in accordance with this chapter.
A license not renewed in accordance with this subsection
shall be viewed as lapsed.
"(h) Any licensee who places a license on inactive status
after June 30, 1985, shall be required to pay the license
renewal fee provided for in subsection (d) of this Code section.
Whenever any licensee on inactive status fails to pay the
required renewal fees, the licensees license shall be lapsed.
Licensees whose licenses were placed on inactive status prior
to July i, 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.
"(1) 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 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 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;
370
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Fails to affiliate with a new company or to apply
to go on inactive status within 14 days of the commis-
sions receipt of notice that the broker holding the licen-
sees license no longer wishes to do so and has mailed
a letter to the licensees last known address indicating
that the broker is returning the license to the commis-
sion; and
(3) Fails to respond within 14 days to a written in-
quiry from the commission requesting further informa-
tion on any application the licensee has filed with the
commission.
Section 4. Said chapter is further amended by striking
subsection (b) of Code Section 43-40-15, relating to the granting
and revocation of real estate licenses generally, in its entirety
and inserting in lieu thereof a new subsection (b) of Code Section
43-40-15 to read as follows:
"0?) Where an applicant for a salespersons license has
been convicted of forgery, embezzlement, obtaining money
under false pretenses, theft, extortion, conspiracy to defraud,
or other like offense or offenses or has been convicted of a
felony or a crime involving moral turpitude and has been
convicted thereof in a court of competent jurisdiction of this
or any other state, district, or territory of the United States,
or of a foreign country, such untrustworthiness of the appli-
cant and the conviction in itself may be a sufficient ground
for refusal of a license. An applicant for licensure as an
associate broker or a broker who has been convicted of any
offense enumerated in this subsection may be licensed by
the commission as an associate broker or a broker only if:
(1) At least ten years have passed since the applicant
was convicted or released from any incarceration,
whichever is later;
(2) No criminal charges are pending against the ap-
plicant; and
(3) The applicant presents to the commission satis-
factory proof that the applicant now bears a good reputa-
tion for honesty, trustworthiness, integrity, and compe-
GEORGIA LAWS 1986 SESSION
371
tence to transact the business of a licensee in such a
manner as to safeguard the interest of the public.
Section 5. Said chapter is further amended by striking
subsection (g) of Code Section 43-40-15, relating to the granting
and revocation of licenses generally, and inserting a new subsec-
tion (g) to read as follows:
"(g) Where an applicant for a salespersons, associate
brokers, or brokers license has been sanctioned by the com-
mission or by a similar commission of any other state or
foreign country, such sanction in itself may be a sufficient
ground for refusal of a license. An applicant for licensure
as an associate broker or a broker who has had a license
revoked by any occupational licensing body of this state,
any other state, or any foreign country may be licensed by
the commission as an associate broker or a broker only if:
(1) At least ten years have passed since the date
that the applicants occupational license was revoked;
(2) No criminal charges are pending against the ap-
plicant at the time of application; and
(3) The applicant presents to the commission satis-
factory proof that the applicant now bears a good reputa-
tion for honesty, trustworthiness, integrity, and compe-
tence to transact the business of a licensee in such a
manner as to safeguard the interest of the public.
Section 6. Said chapter is further amended by adding at
the end of Code Section 43-40-15, relating to the granting and
revocation of real estate licenses generally, a new subsection
(h) to read as follows:
"(h) Whenever any licensee is convicted of any offense
enumerated in subsection (b) of this Code section, the licensee
must immediately notify the commission of that conviction.
The licensees license shall automatically be revoked 60 days
after the licensees conviction unless the licensee makes a
written request to the commission for a hearing during that
60 day period. Following any such hearing held pursuant
to this subsection, the commission in its discretion may im-
372
GENERAL ACTS AND RESOLUTIONS, VOL. I
pose upon that licensee any sanction permitted by this chap-
ter.
Section 7. Said chapter is further amended by striking
subsection (a) of Code Section 43-40-19, relating to a change of
the place of business of a broker, in its entirety and inserting
in lieu thereof a new subsection (a) to read as follows:
, "(a) Should a broker change the address of the brokers
place of business, the broker shall notify the commission,
in writing, within 14 days of such change.
Section 8. Said chapter is further amended by striking
subsection (c) of Code Section 43-40-20, relating to required trust
or escrow accounts for real estate business, in its entirety and
inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Each broker shall authorize the commission to ex-
amine such trust account by a duly authorized representa-
tive of the commission. Such examination may be made bien-
nially or at such time as the commission may direct upon
reasonable cause. The commission, in its discretion, may ac-
cept a written report from a certified public accountant that
the brokers trust account or accounts are maintained in
accordance with the provisions of this chapter and its atten-
dant rules and regulations in lieu of an examination by a
duly authorized representative of the commission.
Section 9. Said chapter is further amended by striking
paragraph (1) of subsection (a) of Code Section 43-40-25, relating
to violations, in its entirety and inserting in lieu thereof a new
paragraph (1) to read as follows:
"(1) Refusing, because of race, color, sex, religion, or
national origin to show, sell, or rent any real estate for sale
or rent to prospective purchasers or renters;.
Section 10. Said chapter is further amended by striking
paragraph (6) of subsection (a) of Code Section 43-40-25, relating
to violations, in its entirety and inserting in lieu thereof a new
paragraph (6) to read as follows:
"(6) Accepting, giving, or charging any undisclosed com-
mission, rebate, or direct profit on expenditures made for
a principal;.
GEORGIA LAWS 1986 SESSION
373
Section 11. Said chapter is further amended by striking
paragraph (16) of subsection (a) of Code Section 43-40-25, relating
to violations, which reads as follows:
"(16) Soliciting, selling, or offering real estate for sale
by offering free lots or conducting lotteries for the purpose
of influencing a purchaser or prospective purchaser of real
estate;,
and inserting in lieu thereof the following:
"(16) Reserved;.
Section 12. Said chapter is further amended by striking
paragraphs (28) through (31) of subsection (a) of Code Section
43-40-25, relating to violations, in their entirety and inserting
in lieu thereof the following:
"(28) Being or becoming a party to any falsification of
any portion of any contract or other document involved in
any real estate transaction; or
(29) Conducting the closing of any real estate transaction
by any licensee except a broker unless the licensee acts under
the supervision of the broker under whom such licensee is
licensed or under the supervision of a practicing attorney
with the knowledge and consent of the broker.
Section 13. Said chapter is further amended by adding
immediately following Code Section 43-40-25, relating to viola-
tions, a new Code Section 43-40-25.1 to read as follows:
"43-40-25.1. It shall be lawful for licensees to complete
listing or sales contracts or leases whose form has been pre-
pared by legal counsel and such conduct shall not constitute
the unauthorized practice of law. In completing a lease or
a written offer to buy, sell, lease, rent, or exchange real
property, a licensee shall include a description of the prop-
erty involved, a method of payment, any special stipulations
or addenda the offer requires, and, upon acceptance by the
offeree, the date of such acceptance.
Section 14. Said chapter is further amended by striking
paragraph (1) of subsection (a) of Code Section 43-40-29, relating
374
GENERAL ACTS AND RESOLUTIONS, VOL. I
to exceptions, and inserting in lieu thereof a new paragraph
(1) of subsection (a) to read as follows:
"(1) Any person who, as owner, as the spouse of an
owner, as general partner of a limited partnership, as lessor,
or as prospective purchaser or their regular employees, per-
forms 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 con-
tract approved by any federal agency;.
Section 15. Said chapter is further amended by striking
subsection (b) of Code Section 43-40-29, relating to exceptions,
and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b) The exceptions provided by subsection (a) of this
Code section shall not apply to any person, other than an
owner or individuals who are full-time employees of the
owner, who performs the acts of a broker on property re-
quired to be registered under Article 1, 2, or 5 of Chapter
3 of Title 44.
Part 3
Section 16. (a) Part 1 of this Act shall become effective
on January 1, 1987.
(b) Except as provided in subsection (c) of this section, Part
2 of this Act shall become effective on July 1, 1986.
(c) Sections 14 and 15 of Part 2 of this Act shall become
effective upon its approval by the Governor or upon its becoming
law without such approval.
Section 17. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
375
TEACHERS RETIREMENT SYSTEM OF GEORGIA
CONTRIBUTIONS; LOCAL UNITS OF ADMINISTRATION;
STATE BOARD OF EDUCATION.
Code Sections 47-3-43 and 47-3-48 Amended.
No. 1264 (House Bill No. 1570).
AN ACT
To amend Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System of Geor-
gia, so as to provide that certain contributions shall be made
by local units of administration rather than from appropriations
made to the State Board of Education; to provide for other mat-
ters relative thereto; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 3 of Title 47 of the Official Code of
Georgia Annotated, relating to the Teachers Retirement System
of Georgia, is amended by striking paragraph (4) of Code Section
47-3-43 and inserting in lieu thereof a new paragraph (4) to
read as follows:
"(4) The states share of employer contributions, which
is to be borne by appropriation from the state, payable to
the board of trustees, shall consist of the normal and accrued
liability contributions based on the part of the earnable com-
pensation of members payable from funds of the Board of
Regents of the University System of Georgia or other funds
of the state, but excluding any appropriations made to the
State Board of Education, at the rates determined under
this Code section. The balance of the cost for pensions, con-
sisting of the normal and accrued liability contributions at
the rates determined under this Code section, shall be borne
by the employers having contributing members in their em-
ploy, including local units of administration for all members
in their employ; and each such employer shall pay, from
any funds available to such employer expressly including
376 GENERAL ACTS AND RESOLUTIONS, VOL. I
funds derived from the state under Article 6 of Chapter 2
of Title 20, the 'Quality Basic Education Act, such contribu-
tions to the board of trustees, immediately upon coming due,
which contributions shall be credited to the pension accumu-
lation fund.
Section 2. Said chapter is further amended by striking
Code Section 47-3-48, relating to contribution rates, and insert-
ing in lieu thereof a new Code Section 47-3-48 to read as follows:
"47-3-48. Thirty days prior to the time the State Board
of Education fixes the minimum schedule of teachers sala-
ries for the ensuing year, the normal and accrued contribu-
tion rates, as determined on the basis of the last annual
actuarial valuation, shall be certified by the board of trustees
to each employer having members in its employ. Each such
employer other than the state shall include in its budget
filed with the State School Superintendent amounts equal
to the prospective contributions on account of contributing
members in its employ for the ensuing year. The Board of
Regents of the University System of Georgia in their esti-
mates of the funds necessary for the operation of their re-
spective units, which estimates are submitted to the Gover-
nor and General Assembly, shall include a request for an
appropriation payable to the board of trustees in an amount
equal to the portion of the normal and accrued liability con-
tributions payable from funds of the Board of Regents of
the University System of Georgia or from other state funds
and for an additional amount as expense for the operation
of the retirement system. The General Assembly shall make
appropriations to the board of trustees sufficient to provide
for such contributions as a part of the earnable compensation
of members payable from such funds and for the necessary
expenses of carrying out this chapter.
Section 3. This Act shall become effective July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
GEORGIA LAWS 1986 SESSION
377
LAKE LANIER ISLANDS DEVELOPMENT
AUTHORITY VENUE OF ACTIONS;
SUPERIOR COURT OF HALL COUNTY.
Code Section 12-3-341 Amended.
No. 1265 (House Bill No. 1835).
AN ACT
To amend Code Section 12-3-341 of the Official Code of Geor-
gia Annotated, relating to venue and jurisdiction of actions in-
volving the Lake Lanier Islands Development Authority, so as
to provide that actions shall be brought in the Superior Court
of Hall County; to provide an effective date and for applicability
in connection therewith; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 12-3-341 of the Official Code of
Georgia Annotated, relating to venue and jurisdiction of actions
involving the Lake Lanier Islands Development Authority, is
amended by striking said Code section in its entirety and substi-
tuting in lieu thereof a new Code Section 12-3-341 to read as
follows:
"12-3-341. Any action to protect or enforce any rights
under this part shall be brought in the Superior Court of
Hall County, Georgia, and any action pertaining to valida-
tion of any bonds issued under this part shall likewise be
brought in such court, which shall have exclusive original
jurisdiction of such actions.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval and shall be applicable to any suit or action filed on
or after that date. The provisions of this Act shall not affect
any suit or action filed prior to the effective date of this Act
in the Superior Court of Fulton County.
378
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 26, 1986.
BOARDS OF COMMISSIONERS OF COUNTIES OF 550,000
OR MORE COMPENSATION.
No. 1317 (House Bill No. 1642).
AN ACT
To amend an Act fixing the compensation of the board of
commissioners of counties having a population of 550,000 or
more according to the United States decennial census of 1970
or any future such census, approved March 30, 1971 (Ga. L.
1971, p. 2369), as amended, particularly by an Act approved
April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved
March 14, 1983 (Ga. L. 1983, p. 416), so as to change the provi-
sions relating to the United States decennial census used for
the population classifications of such counties; to change the
provisions relating to the compensation of the chairman and
other members of the board of commissioners of such 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. An Act fixing the compensation of the board
of commissioners of counties having a population of 550,000
or more according to the United States decennial census of 1970
or any future such census, approved March 30, 1971 (Ga. L.
1971, p. 2369), as amended, particularly by an Act approved
April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved
March 14, 1983 (Ga. L. 1983, p. 416), is amended by striking
Section 1 in its entirety and substituting in lieu thereof a new
Section 1 to read as follows:
GEORGIA LAWS 1986 SESSION
379
"Section 1. The chairman of the board of commissioners
of 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 shall be compensated in
an amount not exceeding $17,000.00 per annum. Each of
the other members of any such board of commissioners shall
be compensated in an amount not exceeding $16,000.00 per
annum. The compensation of the chairman and members
of the board of commissioners of such counties shall be fixed
within the limitations provided in this section by a budget
providing for the amount of such compensation being
adopted by such board of commissioners, but a change in
compensation may not become effective until on or after
the date the members of the board take office following
a regular county election. The compensation provided
for in this section shall be paid in equal monthly install-
ments on the first day of each month out of the county
treasury.
Section 2. This Act shall become effective on the first day
of the month following the month in which it is approved
by the Governor or in which it becomes law without such ap-
proval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
380
GENERAL ACTS AND RESOLUTIONS, VOL. I
"UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS
LAW ENACTED..
Code Sections 9-12-130 through 9-12-138 Enacted.
No. 1326 (Senate Bill No. 164).
AN ACT
To amend Chapter 12 of Title 9 of the Official Code of Georgia
Annotated, relating to verdict and judgments, so as to enact
the "Uniform Enforcement of Foreign Judgments Law; to pro-
vide a short title; to provide for a definition; to provide for the
filing, status, and effect of foreign judgments; to provide for
affidavits and notices of filing; to provide for stays of enforcement
and for security pending the stays; to provide for fees; to provide
for optional procedures; to provide for interpretation; to provide
for applicability; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 12 of Title 9 of the Official Code of
Georgia Annotated, relating to verdict and judgments, is
amended by adding at the end thereof a new Article 6 to read
as follows:
"ARTICLE 6
9-12-130. This article may be cited as the 'Uniform En-
forcement of Foreign Judgments Law.
9-12-131. As used in this article, the term 'foreign judg-
ment means a judgment, decree, or order of a court of the
United States or of any other court that is entitled to full
faith and credit in this state.
9-12-132. A copy of any foreign judgment authenticated
in accordance with an act of Congress or statutes of this
state may be filed in the office of the clerk of any court of
competent jurisdiction of this state. The clerk shall treat
GEORGIA LAWS 1986 SESSION
381
the foreign judgment in the same manner as a judgment
of the court in which the foreign judgment is filed. A filed
foreign judgment has the same effect and is subject to the
same procedures, defenses, and proceedings for reopening,
vacating, staying, enforcing, or satisfying as a judgment of
the court in which it is filed and may be enforced or satisfied
in like manner.
9-12-133. (a) At the time a foreign judgment is filed,
the judgment creditor or the judgment creditors attorney
shall make and file with the clerk of the court an affidavit
showing the name and last known post office address of the
judgment debtor and the judgment creditor.
(b) The clerk shall promptly mail notice of the filing
of the foreign judgment to the judgment debtor at the address
given and shall note the mailing in the docket. The notice
must include the name and post office address of the judg-
ment creditor and, if the judgment creditor has an attorney
in this state, the attorneys name and address. The judgment
creditor may mail a notice of the filing of the judgment to
the judgment debtor and may file proof of mailing with the
clerk. Lack of mailing notice of filing by the clerk does not
affect the enforcement proceedings if proof of mailing by
the judgment creditor has been filed.
9-12-134. (a) If the judgment debtor shows the court
that an appeal from the foreign judgment is pending or will
be taken or that a stay of execution has been granted and
proves that the judgment debtor has furnished the security
for the satisfaction of the judgment required by the state
in which it was rendered, the court shall stay enforcement
of the foreign judgment until the appeal is concluded, the
time for appeal expires, or the stay of execution expires or
is vacated.
(b) If the judgment debtor shows the court any ground
on which enforcement of a judgment of the court of this
state would be stayed, the court shall stay enforcement of
the foreign judgment for an appropriate period and require
the same security for satisfaction of the judgment that is
required in this state.
9-12-135. A person filing a foreign judgment shall pay
$10.00 to the clerk of the court. Fees for other enforcement
382
GENERAL ACTS AND RESOLUTIONS, VOL. I
proceedings shall be as otherwise provided by law for judg-
ments of the courts of this state.
9-12-136. The judgment creditor retains the right to
bring an action to enforce a judgment instead of proceeding
under this article.
9-12-137. This article shall be interpreted and construed
to achieve its general purposes to make the law of those
states which enact it uniform.
9-12-138. This article shall apply to foreign judgments
of other states only if those states have adopted the 'Uniform
Enforcement of Foreign Judgments Act in substantially the
same form as this article.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
ELECTIONS NOTICES AND ADVERTISEMENTS;
ELIGIBILITY OF REGISTRARS, DEPUTY REGISTRARS,
AND MEMBERS OF BOARDS OF ELECTIONS FOR PUBLIC
OFFICE; REGISTRATION DEADLINES; EXIT POLLS;
CAMPAIGN ACTIVITIES; RECOUNTS; CALLS FOR SPECIAL
ELECTIONS.
Code Title 21, Chapters 2 and 3 Amended.
No. 1327 (Senate Bill No. 296).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to authorize the Secretary of State
to prepare and publish certain notices and advertisements; to
GEORGIA LAWS 1986 SESSION
383
change the provisions relating to eligibility of registrars, deputy
registrars, and members of county boards of elections for nomi-
nation for or service in public office; to prohibit certain officers
from engaging in certain political activity; to provide for certain
registration deadlines for special primaries and special elections;
to reenact certain provisions prohibiting the conducting of any
exit poll or public opinion poll with voters within 250 feet of
a polling place; to provide for certain exceptions to restrictions
on campaign activities and public opinion polling within the
vicinity of a polling place; to provide that petitions for automatic
recounts shall be filed with the Secretary of State if the recount
involves a federal or state office and with the county election
superintendent if the recount involves a county office; to provide
that in the case of recounts based upon discrepancies or errors
not apparent on the face of the returns, candidates for the offices
of Governor, Lieutenant Governor, Secretary of State, Attorney
General, State School Superintendent, Comptroller General,
Commissioner of Agriculture, and Commissioner of Labor may
petition the Constitutional Officers Election Board for a recount;
to authorize the Constitutional Officers Election Board to order
a recount or recanvass; to change and clarify certain provisions
relating to publishing the call of special elections; to change
the provisions relating to eligibility of municipal registrars, dep-
uty registrars, and members of boards of elections for nomina-
tion for or service in public office; to prohibit certain officers
from engaging in certain political activity; to provide for certain
registration deadlines for special municipal primaries and spe-
cial elections; to reenact certain provisions prohibiting the con-
ducting of any exit poll or public opinion poll with voters within
250 feet of a municipal polling place; to provide for certain excep-
tions to restrictions on campaign activities and public opinion
polling within the vicinity of a municipal polling place; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Anno-
tated, relating to elections, is amended by striking paragraphs
(10) and (11) of Code Section 21-2-50, relating to powers and
duties of the Secretary of State, and inserting in their place
new paragraphs (10), (11), and (12) to read as follows:
384
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(10) To prepare and provide a notice to all candidates
for federal or state office advising such candidates of such
information, to include requirements of this chapter, as may,
in the discretion of the Secretary of State, be conducive to
the fair, legal, and orderly conduct of primaries and elec-
tions. A copy of such notice shall be provided to each superin-
tendent for his further distribution to candidates for county
and militia district offices;
(11) To conduct training sessions at such places as he
deems appropriate in each year, for the training of registrars
and superintendents of elections ; and
(12) To prepare and publish, in the manner provided
in this chapter, all notices and advertisements in connection
with the conduct of elections which may be required by law.
Section 2. Said title is further amended by striking subsec-
tion (a) of Code Section 21-2-213, relating to qualifications of
registrars and deputy registrars, and inserting in its place 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
general primary or general election or to qualify for any
nomination or office or to have such persons name placed
on any general primary or general 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 commis-
sioner or tax collector. No person who is a member of a
county board of registrars, deputy registrar, or member of
a county board of elections shall be eligible for any nomina-
tion or office to be voted for at a special primary or special
election or to qualify for any nomination or office or to have
such persons name placed on any special primary or special
election ballot pursuant to Code Sections 21-2-132 and 21-
GEORGIA LAWS 1986 SESSION
385
2-153 or to give notice of such persons intention of write-
in candidacy until such person shall have resigned and is
no longer serving as a registrar, deputy registrar, or member
of a county board of elections. 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 such per-
sons 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 elections, board of registrars, or deputy
registrar, while conducting the duties of such persons 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 com-
munication that advocates or criticizes a particular candi-
date, officeholder, or political party or body, and wearing
badges, buttons, or clothing with partisan messages.
Section 3. 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 its place 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 Novem-
ber election, shall be listed and entitled to vote at such spe-
cial primary or election. At the close of the registrars busi-
ness 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, except when a special primary
or special election is held at the same time as the general
primary, the registration deadline for the special primary
or special election shall be the same as the general primary,
and when a special primary or special election is held at
the same time as the general election, the registration dead-
line for the special primary or special election shall be the
same as the general election. The registrars shall then pre-
386
GENERAL ACTS AND RESOLUTIONS, VOL. I
pare a supplemental list showing the names of additional
electors who are entitled to vote at such special primary
or election, and any person whose name appears on such
list may vote at such special primary or election, subject
to the limitations prescribed in the proviso contained in the
first sentence of Code Section 21-2-235; but the registrars
shall purge such list, before filing it, of all persons who will
not be qualified to vote, in the same manner as provided
with reference to the list for a November election. A certified
list so prepared, arranged alphabetically, and divided accord-
ing 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 electors proper
congressional district, state Senate district, state House dis-
trict, county commissioner district, if any, and county school
board district, if any, and, if the county maintains the elec-
tors 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 4. Said title is further amended by striking Code
Section 21-2-414, relating to restrictions on campaign activities
and public opinion polling within the vicinity of a polling place,
and inserting in its place a new Code Section 21-2-414 to read
as follows:
21-2-414. (a) No person shall solicit votes in any man-
ner or by any means or method, nor shall any person distrib-
GEORGIA LAWS 1986 SESSION
387
ute 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.
(b) No person shall solicit signatures for any petition
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.
(c) This Code section shall not be construed to prohibit
a poll officer from distributing materials, as required by law,
which are necessary for the purpose of instructing electors
or from distributing materials prepared by the Secretary
of State which are designed solely for the purpose of encour-
aging voter participation in the election being conducted.
(d) Any person who violates this Code section shall be
guilty of a misdemeanor.
(e) This Code section shall not apply to conduct occur-
ring wholly within any privately owned residence, privately
owned business, or privately owned building which is not
being used as a polling place.
Section 5. Said title is further amended by striking subsec-
tions (c) and (d) of Code Section 21-2-495, relating to procedures
for a recount or recanvass of votes, and inserting in their places
new subsections (c) and (d) to read as follows:
"(c) Whenever the difference between the number of
votes received by a candidate who has been declared nomi-
nated for an office in a primary election or who has been
declared elected to an office in an election or who has been
declared eligible for a run-off primary or election, and the
number of votes received by any other candidate or candi-
dates not declared so nominated or elected or eligible for a
runoff shall be not more than 1 percent of the total votes
which were cast for such office therein, any candidate or
candidates receiving a sufficient number of votes so that
the difference between his vote and that of a candidate de-
388 GENERAL ACTS AND RESOLUTIONS, VOL. I
dared nominated, elected, or eligible for a runoff is not more
than 1 percent of the total votes cast, within a period of
five days following the certification of the election results,
shall have the right to a recount of the votes cast, if such
request is made in writing by the losing candidate. If the
office sought is a federal or state office voted upon by the
electors of more than one county, the request shall be made
to the Secretary of State who shall notify the superinten-
dents of the several counties involved of the request. In all
other cases, the request shall be made to the superintendent.
The superintendent or superintendents shall order a recount
of such votes to be made immediately. If upon such recount,
it is determined that the original count was incorrect, the
returns and all papers prepared by the superintendent, the
superintendents, or the Secretary of State shall be corrected
accordingly and the results recertified.
(d) Any other provision of this Code section to the con-
trary notwithstanding, a candidate for a federal or state
office voted upon by the electors of more than one county,
except the offices of Governor, Lieutenant Governor, Secre-
tary of State, Attorney General, State School Superinten-
dent, Comptroller General, Commissioner of Agriculture,
and Commissioner of Labor, may petition the Secretary of
State for a recount or recanvass of votes, as appropriate,
when it appears that a discrepancy or error, although not
apparent on the face of the returns, has been made. The
recount or recanvass may be ordered in the discretion of
the Secretary of State in any and all counties in which elec-
tors voted for such office, and said recount or recanvass may
be held at any time prior to the certification of the consoli-
dated returns by the Secretary of State. A candidate for
the office of Governor, Lieutenant Governor, Secretary of
State, Attorney General, State School Superintendent,
Comptroller General, Commissioner of Agriculture, or Com-
missioner of Labor may petition the Constitutional Officers
Election Board for a recount or recanvass of votes, as appro-
priate, when it appears that a discrepancy or error, although
not apparent on the face of the returns, has been made.
The Constitutional Officers Election Board may order, in
its discretion, a recount or recanvass in any and all counties
in which the electors voted for such office and said recount
or recanvass may be held at any time prior to the certifica-
GEORGIA LAWS 1986 SESSION
389
tion of the returns by the Constitutional Officers Election
Board. A recount or recanvass shall be conducted by the
appropriate superintendent or superintendents in the man-
ner and pursuant to the procedures otherwise provided in
this Code section for a recount or recanvass, as appropriate.
The petition pursuant to this Code section shall be in writing
and signed by the person or persons requesting the recount
or recanvass. A petition shall set forth the discrepancies
or errors and any evidence in support of the petitioners
request for a recount or recanvass and shall be verified. The
Secretary of State or the Constitutional Officers Election
Board, as appropriate, may require the petitioner or other
persons to furnish additional information concerning the
apparent discrepancies or errors in the counting or canvass-
ing of votes.
Section 6. Said title is further amended by striking Code
Section 21-2-540, relating to the manner of conducting special
elections generally, and inserting in its place a new Code Section
21-2-540 to read as follows:
"21-2-540. Every special election shall be held and con-
ducted in all respects in accordance with the provisions of
this chapter relating to general elections; and the provisions
of this chapter relating to general elections shall apply
thereto insofar as practicable and as not inconsistent with
any other provisions of this chapter. All special elections
held at the time of a general election, as provided by Code
Section 21-2-541, shall be conducted by the poll officers by
the use of the same equipment and facilities, so far as practi-
cable, as are used for such general election. At least 29 days
shall intervene between the call of a special primary and
the holding of same, and at least 29 days shall intervene
between the call of a special election and the holding of
same. Except as otherwise provided by this chapter, the su-
perintendent of each county shall publish the call of the
special election. Candidates in special elections shall not be
listed on the ballot according to party affiliation unless a
candidate has been nominated in a special primary, in which
event such a candidate shall have his name placed in a col-
umn under the name of his party.
Section 7. Said title is further amended by striking subsec-
tion (a) of Code Section 21-3-121, relating to qualifications of
390
GENERAL ACTS AND RESOLUTIONS, VOL. I
registrars and deputy registrars for the purpose of municipal
elections, and inserting in its place 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 general
primary or general 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 commis-
sioner or tax collector in performing the functions of a dep-
uty to the board of registrars as provided in subsection (b)
of Code Section 21-2-212. No person who is a registrar, deputy
registrar, or member of a board of elections shall be eligible
to file a notice of candidacy for any nomination or office to
be voted for at a special primary or special election until
such person shall have resigned and is no longer serving
as a registrar, deputy registrar, or member of a board of
elections. 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, hav-
ing such officers name placed on the ballot, or holding office
in a political party or body or serving as a presidential elec-
tor. No registrar, deputy registrar, or member of a board
of elections, while performing the duties of such 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 communi-
cation that advocates or criticizes a particular candidate,
officeholder, or political party or body while on duty, and
wearing badges, buttons, or clothing with partisan mes-
sages.
Section 8. Said title is further amended by striking Code
Section 21-3-126, relating to deadlines for receiving registration
applications, and inserting in its place a new Code Section 21-
3-126 to read as follows:
21-3-126. (a) Registration for municipalities electing
to use county registration lists shall be as follows:
GEORGIA LAWS 1986 SESSION
391
(1) The county registrar shall cease taking applica-
tions for registration from persons desiring to vote in
municipal primaries or elections 30 days prior to such
primary or election;
(2) The county registrar shall cease taking applica-
tions for registration from persons desiring to vote in a
special primary or election on the close of the registrars
business on the fifth day after the call of such special
primary or election, except when a special primary or
special election is held at the same time as the general
primary, the registration deadline for the special pri-
mary or special election shall be the same as the general
primary, and when a special primary or special election
is held at the same time as the general election, the
registration deadline for the special primary or special
election shall be the same as the general election; and
(3) The municipal registrar shall, upon receipt of
the county registration list, or as soon as practicable
thereafter but in no event later than three days prior
to such primary or election, purge such list of the names
of all persons who will not be qualified to vote at such
primary or election. The registrar shall certify the list
and file with the city clerk a copy showing the names
of electors entitled to vote at such primary or election.
Any person whose name appears upon 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 21-3-136.
(b) Registration for municipalities maintaining their
own registration lists shall be as follows:
(1) If any person whose name is not on the municipal
registration list desires to vote at any primary or election,
he shall, at least 15 days prior to the primary or election
at which he desires to vote, or at such other time as
designated by charter or ordinance, apply to be registered
as an elector. The registrars shall, at least 15 days but
not more than 50 days prior to such primary or election,
cease taking applications to qualify persons to vote in
such primary or election;
392
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Any person who has registered for a general mu-
nicipal primary or election, if otherwise qualified to vote
at any special primary or election occurring before the
next general 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 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, except when a special
primary is held at the same time as the general primary,
the registration deadline for the special primary shall
be the same as the general primary, and when a special
election is held at the same time as the general election,
the registration deadline for the special election shall
be the same as the general election; and
(3) The registrar shall, no later than three days
prior to such primary or election, pass upon the electors
qualifications and file with the city clerk a certified list
showing the names of those electors entitled to vote at
such primary or election. Any person whose name ap-
pears upon such list may vote at such primary or election,
subject to the limitations prescribed in the proviso con-
tained in the first sentence of Code Section 21-3-136. Be-
fore filing such list, the registrars shall purge it of the
names of all persons who will not be qualified to vote
at such primary or election.
Section 9. Said title is further amended by striking Code
Section 21-3-321, relating to restrictions on campaign activities
and public opinion polling within the vicinity of a polling place,
and inserting in its place a new Code Section 21-3-321 to read
as follows:
"21-3-321. (a) No person shall solicit votes in any man-
ner or by any means or method, nor shall any person distrib-
ute 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.
GEORGIA LAWS 1986 SESSION
393
(b) No person shall solicit signatures for any petition
on any primary or election day within 250 feet of any poll-
ing place or of the outer edge of any building within which
such polling place is established, whichever distance is
greater.
(c) This Code section shall not be construed to prohibit
a poll officer from distributing materials, as required by law,
which are necessary for the purpose of instructing electors
or from distributing materials prepared by the Secre-
tary of State which are designed solely for the purpose of
encouraging voter participation in the election being con-
ducted.
(d) This Code section shall not apply to conduct occur-
ring wholly within any privately owned residence, privately
owned business, or privately owned building which is not
being used as a polling place.
Section 10. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 11. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
394
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLE LIABILITY INSURANCE UNINSURED
AND UNDERINSURED MOTORIST COVERAGE.
Code Section 33-7-11 Amended.
No. 1328 (Senate Bill No. 341).
AN ACT
To amend Code Section 33-7-11 of the Official Code of Georgia
Annotated, relating to required uninsured motorist coverage
in motor vehicle liability insurance policies, so as to change
provisions relating to motor vehicles considered to be uninsured
motor vehicles; to change provisions relating to underinsured
motorist coverage; to provide that a vehicle shall be considered
to be uninsured to the extent that the amount of available insur-
ance coverage in effect for such motor vehicle is less than the
limits of the insureds uninsured motorist coverage; to provide
that for this purpose the amount of available insurance coverage
shall be the limits of coverage less any amounts by which the
maximum amounts payable under such limits of coverage have,
by reason of payment of other claims or otherwise, been reduced
below the limits of coverage; to provide for all related matters;
to provide for an effective date and for applicability; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 33-7-11 of the Official Code of Geor-
gia Annotated, relating to required uninsured motorist coverage
in motor vehicle liability insurance policies, is amended by strik-
ing division (l)(D)(ii) of subsection (b) and inserting in its place
a new division to read as follows:
"(ii) Bodily injury liability insurance and property dam-
age liability insurance with available coverages which are
less than the limits of the uninsured motorist coverage pro-
vided under the insureds insurance policy, but the motor
vehicle shall only be considered to be uninsured for the
amount of the difference between the available coverages
under the bodily injury liability insurance and property dam-
GEORGIA LAWS 1986 SESSION
395
age liability insurance coverages on such motor vehicle and
the limits of the uninsured motorist coverage provided under
the insureds motor vehicle insurance policy; and for this
purpose available coverages under the bodily injury liability
insurance and property damage liability insurance coverages
on such motor vehicle shall be the limits of coverage less
any amounts by which the maximum amounts payable un-
der such limits of coverage have, by reason of payment of
other claims or otherwise, been reduced below the limits
of coverage;
Section 2. This Act shall become effective January 1,1987,
and shall apply to motor vehicle liability insurance policies is-
sued, delivered, or renewed in Georgia on or after January 1,
1987.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
IDENTIFICATION CARDS FOR PERSONS WITHOUT
DRIVERS LICENSES APPLICANTS UNDER 21 YEARS
OF AGE; DISTINCTIVE CARDS.
Code Section 40-5-100 Amended.
No. 1329 (Senate Bill No. 393).
AN ACT
To amend Code Section 40-5-100 of the Official Code of Geor-
gia Annotated, relating to identification cards for persons with-
out drivers licenses, so as to provide that cards issued to appli-
cants under 21 years of age shall contain certain distinctive
characteristics; to provide an effective date; to repeal conflicting
laws; and for other purposes.
396
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-5-100 of the Official Code of
Georgia Annotated, relating to identification cards for persons
without drivers licenses, 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 of Public Safety shall issue per-
sonal identification cards to persons who do not have motor
vehicle drivers licenses and who make application to the
department in accordance with rules and regulations pre-
scribed by the Board of Public Safety. Cards issued to appli-
cants under 21 years of age shall contain the distinctive
characteristics of drivers licenses issued pursuant to Code
Section 40-5-26. The identification card shall be similar in
form but distinguishable in color from motor vehicle drivers
licenses and shall include the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye color;
(9) Post where the identification card was issued;
and
(10) Signature of person identified.
Section 2. This Act shall become effective September 30,
1986.
GEORGIA LAWS 1986 SESSION
397
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
COCAINE POSSESSION, SALE, MANUFACTURE, OR
TRANSPORTATION OF ANY MIXTURE CONTAINING
COCAINE; PENALTIES.
Code Section 16-13-31 Amended.
No. 1330 (Senate Bill No. 397).
AN ACT
To amend Code Section 16-13-31 of the Official Code of Geor-
gia Annotated, relating to trafficking in cocaine, illegal drugs,
or marijuana, so as to provide that the possession, sale, manufac-
ture, or transport into this state of any mixture containing co-
caine shall constitute a crime; to provide for penalties; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of
Georgia Annotated, relating to trafficking in cocaine, illegal
drugs, or marijuana, is amended by striking subsection (a) of
said Code section in its entirety and inserting in lieu thereof
a new subsection (a) to read as follows:
"(a) (1) Any person who knowingly sells, manufac-
tures, delivers, or brings into this state or who is know-
ingly in actual possession of 28 grams or more of cocaine
or of any mixture with a purity of 10 percent or more
of cocaine, as described in Schedule II, in violation of
this article commits the felony offense of trafficking in
398 GENERAL ACTS AND RESOLUTIONS, VOL. I
cocaine and, upon conviction thereof, shall be punished
as follows:
(A) If the quantity of the cocaine or the mixture
involved is 28 grams or more, but less than 200 grams,
the person shall be sentenced to a mandatory mini-
mum term of imprisonment of ten years and shall
pay a fine of $100,000.00;
(B) If the quantity of the cocaine or the mixture
involved is 200 grams or more, but less than 400
grams, the person shall be sentenced to a mandatory
minimum term of imprisonment of 15 years and shall
pay a fine of $250,000.00; and
(C) If the quantity of the cocaine or the mixture
involved is 400 grams or more, the person shall be
sentenced to a mandatory minimum term of impris-
onment of 25 years and shall pay a fine of $500,000.00.
(2) Any person who knowingly sells, manufactures,
delivers, or brings into this state or who is knowingly
in actual possession of any mixture with a purity of less
than 10 percent of cocaine, as described in Schedule II,
in violation of this article commits the felony offense
of trafficking in cocaine if the total weight of the mixture
multiplied by the percentage of cocaine contained in the
mixture exceeds any of the quantities of cocaine specified
in paragraph (1) of this subsection. Upon conviction
thereof, such person shall be punished as provided in
paragraph (1) of this subsection depending upon the
quantity of cocaine such person is charged with know-
ingly selling, manufacturing, delivering, or bringing into
this state or knowingly possessing.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
399
HISTORIC PRESERVATION POWERS AND DUTIES OF
THE DEPARTMENT OF NATURAL RESOURCES; GRANTS;
SURVEYS.
Code Section 12-3-50.1 Enacted.
No. 1331 (Senate Bill No. 411).
AN ACT
To amend Part 1 of Article 3 of Chapter 3 of Title 12 of
the Official Code of Georgia Annotated, relating to preservation
and promotion of historic areas, generally, so as to provide legis-
lative policy and additional powers and duties of the Department
of Natural Resources relating to historic preservation; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 3 of Title 12 of
the Official Code of Georgia Annotated, relating to preservation
and promotion of historic areas, generally, is amended by adding
immediately after Code Section 12-3-50 a new Code Section 12-
3-50.1 to read as follows:
"12-3-50.1. (a) It is declared to be the public policy of
the State of Georgia, in furtherance of its responsibility to
promote and preserve the health, prosperity, and general
welfare of the people, to encourage the preservation of his-
toric properties which have historical, cultural, and archaeo-
logical significance to the state.
(b) The State of Georgia is authorized to make grants,
as funds are available, to any private or public organization
or corporation for the preservation of 'historic properties,
as that term is defined by Section 301 of the National Historic
Preservation Act, 16 U.S.C. 470w.
(c) The Department of Natural Resources, through its
Historic Preservation Section, shall have the additional pow-
ers and duties:
400 GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) To cooperate with agencies of the federal govern-
ment, other agencies of the state and political subdivi-
sions thereof, and private organizations and individuals,
to direct and conduct a comprehensive state-wide survey
of historic properties;
(2) To maintain an inventory and register of historic
properties;
(3) To document, research, record, and evaluate the
significance of historic properties;
(4) To prepare comprehensive state-wide and re-
gional historic preservation plans;
(5) To provide technical assistance to and cooperate
with agencies of the federal government, other agencies
of the state and political subdivisions thereof, and private
organizations and individuals in the development of his-
toric preservation plans, programs, and projects;
(6) To cooperate with agencies of the federal govern-
ment, other agencies of the state and political sub-
divisions thereof, and private organizations and individ-
uals, in order that historic properties are taken into
consideration at all levels of planning and develop-
ment;
(7) To propose programs and activities to protect,
preserve, and encourage the preservation of historic
properties in this state;
(8) To administer programs of financial and techni-
cal assistance for historic preservation projects, including
all grants made under authority of this Code section,
and to specify the terms and conditions under which any
grants of funds are made or used;
(9) To make recommendations on the certification
and eligibility of historic properties for tax incentives
and other programs of public benefit or assistance;
GEORGIA LAWS 1986 SESSION
401
(10) To perform those duties and responsibilities as-
signed to the department under Article 3 of Chapter 2
of Title 8, under Article 1 of Chapter 10 of Title 44, and
under Article 2 of Chapter 10 of Title 44;
(11) To provide public information and education,
technical assistance, and training relating to historic
preservation;
(12) To encourage public interest and participation
in historic preservation;
(13) To advise and assist the state historic preserva-
tion officer, who shall be appointed to serve at the plea-
sure of the Governor; and
(14) To advise the Governor and the General Assem-
bly on matters relating to historic preservation.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
402
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE FORESTRY COMMISSION REFORESTATION
INCENTIVES PROGRAM; WOOD LOAD TICKETS;
REQUIREMENTS.
Code Section 12-6-5.1 Enacted.
Code Section 12-6-23 Amended.
No. 1332 (Senate Bill No. 412).
AN ACT
To amend Part 1 of Article 1 of Chapter 6 of Title 12 of
the Official Code of Georgia Annotated, relating to the State
Forestry Commission, so as to authorize the commission to estab-
lish and maintain a reforestation incentives program; to provide
for findings of the General Assembly; to provide for powers of
the commission in establishing and maintaining the reforesta-
tion incentives program; to provide that any person, company,
corporation, or others purchasing trees or timber directly from
the landowner 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; to remove the require-
ment that the wood load ticket contain the landowners name
and address; to provide for other matters relative to the forego-
ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 1 of Article 1 of Chapter 6 of Title 12 of
the Official Code of Georgia Annotated, relating to the State
Forestry Commission, is amended by adding between Code Sec-
tions 12-6-5 and 12-6-6 a new Code Section 12-6-5.1 to read as
follows:
"12-6-5.1. (a) The General Assembly finds that 433,000
acres of trees were planted in Georgia in 1984, while 640,000
acres were harvested during that year for a net loss of over
200,000 planted acres. The General Assembly further finds
that the forest industry is of fundamental importance to
the economy of the State of Georgia and that increased re-
forestation is necessary to meet future demands for forest
GEORGIA LAWS 1986 SESSION
403
products and to promote economic development and addi-
tional employment opportunities within this state. The Gen-
eral Assembly further finds that many acres of farmland
and other open land in Georgia are not currently being used
to the best advantage and that a program to provide incen-
tives to encourage reforestation on these lands would be of
great benefit to the people of Georgia. The General Assembly
further finds that increased reforestation would substan-
tially reduce soil erosion, which continues to be a serious
problem in Georgia, and would be of other value in preserv-
ing and protecting wildlife and other natural resources of
this state. It is determined, therefore, that it is in the interest
of the public health, safety, and welfare and would serve
an important public purpose for the State Forestry Commis-
sion to establish a reforestation incentives program for the
State of Georgia.
(b) In accordance with the findings set forth in subsec-
tion (a) of this Code section, the State Forestry Commission
is authorized to establish a reforestation incentives program
to encourage the planting of trees on lands within this state
which are suitable for that purpose but which are currently
not being utilized or are not being properly utilized for that
purpose. In establishing and maintaining the reforestation
incentives program, the commission may:
(1) Provide technical advice and assistance on re-
forestation to landowners and encourage such landown-
ers to participate in the reforestation incentives program;
(2) Provide seedlings or equipment to landowners
for reforestation purposes pursuant to such terms, condi-
tions, and requirements as the commission shall deter-
mine;
(3) Define the types of land eligible for participation
in the reforestation incentives program and establish
limitations on such participation;
(4) Define the class or classes of landowners who
shall be eligible for participation in the reforestation in-
centives program; and
(5) Provide for any other matters reasonably neces-
sary for the commission to establish and maintain an
effective reforestation incentives program.
404
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The powers of the commission provided by this Code
section are cumulative of other powers possessed by the com-
mission pursuant to any other provisions of this part or pur-
suant to any other law and are not in lieu of such other
powers.
Section 2. Said part is further amended by striking subsec-
tion (a) of Code Section 12-6-23, relating to the wood load ticket
requirement for wood removal, the form thereof, and exceptions,
in its entirety and substituting in lieu thereof a new subsection
(a) to read as follows:
"(a) Any person, company, corporation, or others
purchasing trees or timber directly from the landowner
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;
(4) Tract name;
(5) County and state of origin;
(6) Dealer name (if any);
(7) Producer or logging company name;
(8) Species of wood;
(9) 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;
GEORGIA LAWS 1986 SESSION
405
(10) Weight, scale, or amount of wood deducted
and the deduction classification (cull, undersize,
metal, knots, etc.); and
(11) Name of the person receiving, weighing, or
scaling the wood.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
FAIR BUSINESS PRACTICES ACT OF 1975
CAMPGROUND MEMBERSHIPS; MARINE MEMBERSHIPS;
FORMS; CANCELLATIONS.
Code Sections 10-1-392 and 10-1-393 Amended.
No. 1333 (Senate Bill No. 433).
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
for definitions; to declare as an unfair or deceptive act or practice
the failure to furnish a right of cancellation for campground
memberships and marine memberships, the failure by the seller
to complete the cancellation form, or the failure to honor cancel-
lations; to provide certain editorial changes; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10
of the Official Code of Georgia Annotated, relating to provisions
406
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the "Fair Business Practices Act of 1975, is amended by
striking in its entirety subsection (a) of Code Section 10-1-392,
relating to definitions regarding fair business practices, and in-
serting in its place a new subsection (a) to read as follows:
"(a) As used in this part, the term:
(1) 'Administrator means the administrator ap-
pointed pursuant to subsection (a) of Code Section 10-1-
395 or his delegate.
(1.1) 'Campground membership means any ar-
rangement under which a purchaser has the right to
use, occupy, or enjoy a campground membership facility.
(1.2) 'Campground membership facility means any
campground facility at which the use, occupation, or en-
joyment of the facility is primarily limited to those pur-
chasers, along with their guests, who have purchased a
right to make reservations at future times to use the
facility or who have purchased the right periodically to
use the facility at fixed times or intervals in the future,
but shall not include any such arrangement which is
regulated under Article 5 of Chapter 3 of Title 44.
(1.3) 'Career consulting firm means any person pro-
viding services to an individual in conjunction with a
career search and consulting program for the individual,
including, but not limited to, counseling as to the individ-
uals career potential, counseling as to interview tech-
niques, and the identification of prospective employers.
A 'career consulting firm does not guarantee actual job
placement as one of its services. A 'career consulting
firm shall not include any person who provides these
services without charging a fee to applicants for those
services or any employment agent or agency regulated
under Chapter 10 of Title 34.
(2) 'Consumer acts or practices means acts or prac-
tices intended to encourage consumer transactions.
(3) 'Consumer transactions means the sale, lease,
or rental of goods, services, or property, real or personal,
primarily for personal, family, or household purposes.
GEORGIA LAWS 1986 SESSION
407
(4) 'Documentary material means the original or
a copy, whether printed, filmed, or otherwise preserved
or reproduced, by whatever process, including electronic
data storage and retrieval systems, of any book, record,
report, memorandum, paper, communication, tabulation,
map, chart, photograph, mechanical transcription, or
other tangible document or record wherever situate.
(5) 'Examination of documentary material means
inspection, study, or copying of any such material and
the taking of testimony under oath or acknowledgment
in respect of any such documentary material.
(6) 'Health spa means an establishment which pro-
vides, 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 're-
ducing 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 phy-
sician 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.
(6.4) 'Marine membership means any arrangement
under which a purchaser has a right to use, occupy, or
enjoy a marine membership facility.
(6.5) 'Marine membership facility means any boat,
houseboat, yacht, ship, or other floating facility upon
which the use, occupation, or enjoyment of the facility
is primarily limited to those purchasers, along with their
guests, who have purchased a right to make reservations
408
GENERAL ACTS AND RESOLUTIONS, VOL. I
at future times to use the facility or who have purchased
a right to use periodically, occupy, or enjoy the facility
at fixed times or intervals in the future, but shall not
include any such arrangement which is regulated under
Article 5 of Chapter 3 of Title 44.
(7) 'Person means a natural person, corporation,
trust, partnership, incorporated or unincorporated asso-
ciation, or any other legal entity.
(8) 'Trade and 'commerce mean the advertising,
distribution, sale, lease, or offering for distribution, sale,
or lease of any goods, services, or any property, tangible
or intangible, real, personal, or mixed, or any other arti-
cle, commodity, or thing of value wherever situate and
shall include any trade or commerce directly or indirectly
affecting the people of the state.
Section 2. Said part is further amended by striking the
period and inserting in its place a semicolon at the end of subsec-
tion (b) of Code Section 10-1-393, relating to unlawful or decep-
tive practices in consumer transactions, and by adding at the
end of said subsection three new paragraphs, to be designated
paragraphs (16), (17), and (18), to read as follows:
"(16) Failure to furnish to the buyer of any campground
membership or marine membership at the time of purchase
a notice to the buyer allowing the buyer seven days to cancel
the purchase. The notice shall be on a separate sheet of
paper with no other written or pictorial material, in at least
ten-point boldface type, double spaced, and shall read as
follows:
'Notice to the Buyer
Please read this form completely and carefully. It
contains valuable cancellation rights.
The buyer or buyers may cancel this transaction at
any time prior to 5:00 P.M. of the seventh day following
receipt of this notice.
This cancellation right cannot be waived in any man-
ner by the buyer or buyers.
GEORGIA LAWS 1986 SESSION
409
Any money paid by the buyer or buyers must be re-
turned by the seller within 30 days of cancellation.
To cancel, sign this form, and mail by certified mail,
return receipt requested, by 5:00 P.M. of the seventh
day following the transaction. Be sure to keep a photo-
copy of the signed form and your post office receipt.
Sellers Name
Address to which cancellation is to be mailed
I (we) hereby cancel this transaction.
Buyers Signature
Buyers Signature
Date
Printed Name(s) of Buyer(s)
Street Address
City, State, ZIP Code
(17) Failure of the seller of a campground membership
or marine membership to fill in the sellers name and the
address to which cancellation notices should be mailed on
the form specified in paragraph (16) of this subsection; or
(18) Failure of the seller of a campground membership
or marine membership to cancel according to the terms speci-
fied in the form described in paragraph (16) of this subsec-
tion.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
410
GENERAL ACTS AND RESOLUTIONS, VOL. I
SOCIAL SERVICES AID TO FAMILIES WITH
DEPENDENT CHILDREN; PILOT COMMUNITY WORK
EXPERIENCE PROGRAMS ABOLISHED; EMPLOYMENT
SERVICES PROGRAMS (PEACH) ESTABLISHED.
Code Section 49-4-108 Enacted.
Code Section 49-4-17.1 Repealed.
No. 1334 (Senate Bill No. 465).
AN ACT
To repeal in its entirety Code Section 49-4-17.1 of the Official
Code of Georgia Annotated, relating to establishment of pilot
community work experience programs for persons receiving aid
to families with dependent children; to amend Article 5 of Chap-
ter 4 of Title 49 of the Official Code of Georgia Annotated, relat-
ing to aid to families with dependent children, so as to provide
for an employment services program for persons receiving such
assistance; to provide for transportation, child care, and other
support services to participants in such program; to provide
for mandatory registration and participation of recipients of
assistance in the program and to provide for exceptions to such
mandatory participation; to provide that employers providing
employment under the program shall be civilly liable only under
certain circumstances; to provide for insurance of risks arising
out of the program; to provide for state-wide or partial imple-
mentation of the program; to provide for reports regarding the
program; to provide for the continuation of certain community
work experience programs; to provide for all related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 49-4-17.1, which reads as follows:
"49-4-17.1. (a) The General Assembly finds that, pur-
suant to newly amended Section 409 of the federal Social
Security Act, the states have been given wide latitude to
establish community work experience programs for unem-
ployed persons receiving aid to families with dependent chil-
GEORGIA LAWS 1986 SESSION
411
dren. Such programs could be a valuable means for these
recipients to gain work experience while at the same time
making valuable contributions to those communities whose
tax dollars help support them.
(b) The Department of Human Resources shall establish
pilot community work experience programs in which unem-
ployed persons receiving aid to families with dependent chil-
dren under this article shall be required to participate in
order to be included in their public assistance grant. The
programs shall provide work training and experience for
such persons who are not otherwise able to obtain employ-
ment in order to assist them to move into regular or private
employment and become self-supporting. These programs
shall be limited to projects which serve a useful public pur-
pose in fields which include, without being limited to, health,
social service, environmental protection, education, urban
and rural development and redevelopment, welfare, recre-
ation, public facilities, public safety, and day care.,
is repealed in its entirety.
Section 2. Article 5 of Chapter 4 of Title 49 of the Official
Code of Georgia Annotated, relating to aid to families with de-
pendent children, is amended by adding a new Code Section
49-4-108 to read as follows:
"49-4-108. (a) The department shall develop and im-
plement an employment services program for persons receiv-
ing assistance under this article. This employment services
program shall be known as the Positive Employment and
Community Help (PEACH) Program. The program shall in-
clude such educational programs, vocational skills programs,
work experience programs, on-the-job training programs,
and job search and job development programs as are deter-
mined by the department to best promote the goals of em-
ployability and employment of such persons, subject to the
requirements of this Code section.
(b) To the maximum extent possible the employment
services program shall provide for all transportation, child
care, and other support services necessary to enable partici-
pants in the program to participate therein without personal
412 GENERAL ACTS AND RESOLUTIONS, VOL. I
hardship or hardship to other members of their families,
as determined by the department.
(c) Assistance under this article shall be terminated if
a recipient refuses to register for or participate in the em-
ployment services program, but mandatory participation
shall not be required in the case of any recipient who:
(1) Is physically or mentally unable to participate;
(2) Is unable to obtain transportation required for
participation and is not provided transportation or funds
for transportation as a part of the program;
(3) Is unable to obtain child care services required
for participation and is not provided child care services
or funds for child care as a part of the program; or
(4) Is unable to participate in the program or would
suffer undue hardship in participating in the program
for such other reasons as may be specified by the depart-
ment.
(d) No recipient shall be required to participate in any
work experience or on-the-job training program unless such
program meets the requirements of either paragraph (1) or
paragraph (2) of this subsection.
(1) Participation in a work experience or on-the-job
training program may be uncompensated, provided that:
(A) No recipient shall be required to engage in
such a program without compensation for any period
in excess of six months in any one placement;
(B) No recipient shall be required to engage in
such a program without compensation unless such
program is, as determined by the department, de-
signed to and likely to result in the participants ob-
taining compensated employment; and
(C) No recipient shall be required to engage in
such a program without compensation unless all child
GEORGIA LAWS 1986 SESSION
413
care needs and transportation needs of the partici-
pant are met as specified in subsection (c) of this Code
section; and
(2) Participation in a work experience or on-the-job
training program may be compensated, provided that:
(A) No recipient shall be required to engage in
such a program for compensation unless the recipient
is paid at least the federal minimum wage for such
participation, provided that this requirement shall
apply only to the extent that the federal minimum
wage law would apply to such employment if such
employment was provided by private contractual
agreement rather than pursuant to this Code section;
and
(B) No recipient shall be required to engage in
such a program for compensation unless such pro-
gram is, as determined by the department, designed
to and likely to result in the participants retaining
compensated employment.
(e) Notwithstanding any other contrary provision of
law, an employer employing a participant under a program
provided for in this Code section, whether such employment
is compensated or uncompensated, shall not be liable to the
participant or to any other person for any injury, accident,
or death arising out of and in the course of such employment
unless such injury is caused by the employers wanton or
willful recklessness or is caused by an intentional act of
the employer, provided that provision of public or private
insurance covering any risk shall waive this qualified immu-
nity to the extent of such insurance coverage. The provisions
of this subsection shall, however, be subject to any inconsis-
tent provisions of Chapter 9 of Title 34, relating to workers
compensation, in any situation in which Chapter 9 of Title
34 applies.
(f) The department is authorized to, but shall not be
required to, purchase and provide insurance coverage with
respect to any of the following:
(1) Liability of participants in the employment ser-
vices program for damages arising from participation
in the program; and
414
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Liability of public and private employers provid-
ing compensated or uncompensated employment under
the program for damages arising from the provision of
such employment.
(g) The department may provide for prompt state-wide
implementation of this Code section if the department deter-
mines that it is feasible to do so. If the department deter-
mines that prompt state-wide implementation of this Code
section is not feasible, the department shall in any event
promptly proceed to implement this Code section in such
counties as is feasible and shall proceed with state-wide im-
plementation as rapidly as is feasible.
(h) The department shall submit a report by January
1, 1987, by September 1, 1987, and by September 1 of each
year thereafter. That report shall be submitted to the
Speaker of the House of Representatives, the members of
the House Ways and Means Committee, the Lieutenant Gov-
ernor, and the members of the Senate Human Resources
Committee. This report shall include but not be limited to
the following information regarding the program required
by this Code section and based on the previous fiscal
year:
(1) The expenses of administering the program, de-
tailing such expenses as child care, transportation,
meals, personnel, tuition grants, and employer liability
costs;
(2) The number of recipients who registered for the
program;
(3) The number of recipients who participated in
the program;
(4) The number of participants in the program who
left the Aid to Families with Dependent Children rolls,
the reason for leaving, and how many former partici-
pants in the program have returned to the Aid to Fami-
lies with Dependent Children rolls within 12 months and
within 24 months after leaving those rolls;
GEORGIA LAWS 1986 SESSION
415
(5) The cost per participant under the program; and
(6) The projected savings of the program.
(i) Any community work experience program estab-
lished and existing under Code Section 49-4-47.1 on June
30,1986, may continue after that date as a PEACH Program
pursuant to this Code section notwithstanding the repeal
of Code Section 49-4-47.1.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
EMPLOYMENT SECURITY LAW SETTLEMENT AND
COMPROMISE OF DELINQUENT PAYMENTS; RULES AND
REGULATIONS; REPORTS; RECORDS.
Code Section 34-8-126 Amended.
No. 1335 (Senate Bill No. 471).
AN ACT
To amend Code Section 34-8-126 of the Official Code of Geor-
gia Annotated, relating to collection of delinquent contribution
payments generally under the "Employment Security Law, so
as to authorize the Commissioner of Labor to settle and compro-
mise payment disputes; to provide for the establishment of rules
and regulations; to provide for certain reports and records; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
416
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 34-8-126 of the Official Code of
Georgia Annotated, relating to collection of delinquent contribu-
tion payments generally under the "Employment Security
Law, is amended by adding at the end thereof new subsections
(c) and (d) to read as follows:
"(c) The Commissioner of Labor is authorized to settle
and compromise any payment of contributions and interest
thereon, including penalty, or any tax execution, where
there is doubt as to the liability or where there is doubt
as to the collectability, and the settlement or compromise
is in the best interest of the state. The Commissioner may
make all reasonable rules and regulations necessary to effec-
tuate the purpose of this Code section.
(d) The Commissioner of Labor shall file an annual re-
port with the Attorney General, the members of the Senate
Industry and Labor Committee, and the members of the
House Industrial Relations Committee, which report shall
state the number of cases and the total amount of tax which
is compromised under this Code section. Further, the Com-
missioner shall retain on file for five years a detailed state-
ment listing the names of the employers whose taxes were
compromised, the amount of tax compromised, the number
of cases, and the specified reasons for each tax compromise
under this Code section. This statement shall be available
for review by members of the General Assembly, the Attor-
ney General, and the state auditor.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
417
AUGUSTA JUDICIAL CIRCUIT ADDITIONAL JUDGE.
Code Section 15-6-2 Amended.
No. 1336 (House Bill No. 182).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to numbers of superior court judges for each
judicial circuit, so as to increase to five the number of judges
for the Augusta Judicial Circuit; to provide for the appointment
and term of the initial judge; to provide for the election and
term of successors to the initial judge; to provide for the qualifi-
cations and for the compensation, salary, and expense allowance
of said judge to be paid by the State of Georgia and the counties
comprising said circuit; to authorize the judges of said court
to divide and allocate the work and duties thereto and provide
for duties of the chief judge; to provide for powers, duties, and
responsibilities of judges of said circuit; to provide for an addi-
tional court reporter for said circuit and the compensation of
that reporter; to declare inherent authority; to provide effective
dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-6-2 of the Official Code of Geor-
gia Annotated, relating to numbers of superior court judges
for each judicial circuit, is amended by striking paragraph (5)
and inserting in its place a new paragraph (5) to read as follows:
"(5) Augusta Circuit............................ 5
Section 2. The number of superior court judges of the Au-
gusta Judicial Circuit is increased from four to five. The initial
judge to fill the fifth judgeship shall be appointed by the Gover-
nor for a term beginning July 1, 1986, and ending December
31,1988, and until a successor is elected and qualified. Thereaf-
ter, said fifth judge shall be elected in 1988 and quadrennially
thereafter for a term of four years as provided by law.
418
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. The qualifications of such additional judge and
his successors shall be the same as are now provided by law
for all other superior court judges, and his compensation, salary,
and expense allowance from the State of Georgia and from the
counties of such circuit shall be the same as that of the other
judges of the superior courts of the Augusta Judicial Circuit.
The provisions, if any, heretofore enacted for the supplementa-
tion by the counties of said circuit of the salary of the judge
of the superior courts of the Augusta Judicial Circuit shall also
be applicable to the additional judge provided for by this Act.
Section 4. The five judges of the superior courts of the
Augusta Judicial Circuit of Georgia in transacting the business
of said courts and in performing their duties and responsibilities
shall share, divide, and allocate the work and duties to be per-
formed by each. In the event of any disagreement between said
judges in any respect thereof, the decision of the senior judge
in point of service, who shall be known as the chief judge, shall
be controlling. The five judges of the superior courts of the Au-
gusta Judicial Circuit shall have and they are clothed with full
power, authority, and discretion to determine, from time to time
and from term to term, the manner of calling the dockets or
fixing the calendars and order of business in said courts. They
may assign to one or more of said judges the hearing of trials
by jury for a term and the hearing of all other matters not
requiring a trial by a jury to one or more of the other judges,
and they may rotate such order of business at the next term.
They may conduct trials by jury at the same time in the same
county or otherwise within said circuit, or they may hear cham-
bers business and motion business at the same time at any place
within said circuit. They may provide in all respects for holding
the superior courts of said circuit so as to facilitate the hearing
and determination of all the business of said courts at any time
pending and ready for trial or hearing. In all such matters relat-
ing to the manner of fixing, arranging for, and disposing of
the business of said courts and of making appointments as au-
thorized by law where the judges thereof cannot agree or shall
differ, the opinion or order of the chief judge, as defined in this
section, shall control.
Section 5. The five judges of the Augusta Judicial Circuit
shall be authorized and empowered to appoint an additional
court reporter for such circuit, whose compensation shall be
as now or hereafter provided by law.
GEORGIA LAWS 1986 SESSION
419
Section 6. Nothing herein enumerated shall be deemed
to limit or restrict the inherent powers, duties, and responsibili-
ties of superior court judges provided by the Constitution and
statutes of the State of Georgia.
Section 7. This Act shall become effective July l| 1986,
except that this Act shall, for purposes of the appointment by
the Governor of the initial judge to fill the judgeship created
by this Act, become effective upon its approval by the Governor
or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
PROPERTY TAX APPEALS OF ASSESSMENTS; WRITTEN
OBJECTIONS TO ASSESSMENTS AS NOTICES OF APPEAL.
Code Section 48-5-311 Amended.
No. 1337 (House Bill No. 595).
AN ACT
To amend Code Section 48-5-311 of the Official Code of Geor-
gia Annotated, relating to county boards of equalization, so as
to provide that a written objection to an assessment of real or
personal property received by a county board of tax assessors
shall be deemed a notice of appeal by the taxpayer under the
legally recognized grounds; to provide that the notice shall con-
tain certain information; to provide for related matters; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
420 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 48-5-311 of the Official Code of
Georgia Annotated, relating to county boards of equalization,
is amended by striking in its entirety paragraph (2) of subsection
(e) of said Code section and inserting in its place a new paragraph
(2) to read as follows:
"(2) An appeal shall be effected by filing with the county
board of tax assessors a notice of appeal within the time
provided by law. A written objection to an assessment of
real property received by a county board of tax assessors
stating the location of the real property and the identifica-
tion number, if any, contained in the tax notice shall be
deemed a notice of appeal by the taxpayer under the grounds
listed in paragraph (1) of this subsection. A written objection
to an assessment of personal property received by a county
board of tax assessors giving the account number, if any,
contained in the tax notice and stating that the objection
is to an assessment of personal property shall be deemed
a notice of appeal by the taxpayer under the grounds listed
in paragraph (1) of this subsection. The county board of tax
assessors shall review the valuation or denial in question
and, if any changes or corrections are made in the valuation
or decision in question, the board shall send a notice of the
changes or corrections to the taxpayer pursuant to Code
Section 48-5-306. If no changes or corrections are made in
the valuation or decision, the county board of tax assessors
shall certify the notice for appeal and all necessary papers
to the county board of equalization.
Section 2. This Act shall become effective on January 1,
1987.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
421
DANGEROUS DRUGS PERMITS TO DISTRIBUTE;
SUSPENSION OR REVOCATION; DISPOSITION OF DRUGS.
Code Section 16-13-72.1 Enacted.
No. 1338 (House Bill No. 1153).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Geor-
gia Annotated, relating to controlled substances, so as to provide
for the suspension or revocation of certain permits to distribute
dangerous drugs and provide for the disposition of dangerous
drugs following that suspension or revocation; to provide for
fines; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of
Georgia Annotated, relating to controlled substances, is
amended by adding a new Code section following Code Section
16-13-72 to read as follows:
"16-13-72.1. (a) A permit issued by the State Board
of Pharmacy under paragraph (1) of Code Section 16-13-72
may be suspended or revoked by the State Board of Phar-
macy upon a finding that the drug manufacturer, wholesaler,
distributor, or supplier:
(1) Has furnished false or fraudulent material infor-
mation in any application filed under this article;
(2) Has been convicted of a felony under any state
or federal law relating to any controlled substance or
has been convicted of a felony or misdemeanor under
any state or federal law relating to any dangerous drug;
(3) Has violated any provision of this article or the
rules and regulations promulgated under this article; or
(4) Has failed to maintain sufficient controls against
diversion of dangerous drugs into other than legitimate
medical, scientific, or industrial channels.
422
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The State Board of Pharmacy may limit revocation
or suspension of a permit to the particular dangerous drug
with respect to which grounds for revocation or suspension
exist.
(c) Instead of suspending or revoking a permit as au-
thorized by subsection (a) or (b) of this Code section, the
State Board of Pharmacy may impose a fine in an amount
not to exceed the amount specified in Code Section 26-4-
112.
(d) If the State Board of Pharmacy suspends or revokes
a permit, all dangerous drugs owned or possessed by the
permittee at the time of suspension or the effective date of
the revocation order shall be placed under seal. No disposi-
tion may be made of drugs under seal until the time for
taking an appeal has elapsed or until all appeals have been
concluded unless a court, upon application therefor, orders
the sale of perishable drugs and the deposit of the proceeds
of the sale with the court. Upon a revocation order becom-
ing final, all dangerous drugs shall be forfeited to the
state.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
423
STONE MOUNTAIN JUDICIAL CIRCUIT ADDITIONAL
JUDGE.
Code Section 15-6-2 Amended.
No. 1339 (House Bill No. 1156).
AN ACT
To provide for an additional judge of the superior courts
of the Stone Mountain Judicial Circuit; to provide for the initial
appointment and subsequent election of said additional judge;
to provide for the powers, duties, and compensation of said addi-
tional judge; to amend Code Section 15-6-2 of the Official Code
of Georgia Annotated, relating to the number of superior court
judges for each judicial circuit, so as to increase to eight the
number of judges for the Stone Mountain Judicial Circuit; to
provide for other matters relative to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Effective July 1, 1986, a new judge is added to
the Stone Mountain Judicial Circuit. The initial judge added
by this Act shall be appointed by the Governor to take office
on July 1, 1986, for a term expiring on December 31, 1988. A
successor to the initial judge appointed by the Governor shall
be elected in the manner provided by law for the election of
judges of the superior courts at the general election of 1988
to take office on January 1, 1989, for a term of four years and
until a successor is elected and qualified. Thereafter, successors
shall be elected in the manner provided by law for the election
of superior court judges at the general election immediately
preceding the expiration of the term of office to take office on
the first day of January immediately following the election for
a term of four years and until a successor is elected and qualified.
Section 2. The additional judge of the Stone Mountain Ju-
dicial Circuit provided for by this Act shall have and may exer-
cise all powers, duties, dignity, jurisdiction, privileges, and im-
424 GENERAL ACTS AND RESOLUTIONS, VOL. I
munities of other judges of the superior courts of this state.
Any of the judges of the superior court of said circuit may preside
over any case therein and perform any official act as a judge
thereof.
Section 3. The compensation, salary, and contingent ex-
pense allowance of said additional judge shall be the same as
the other judges of the Stone Mountain Judicial Circuit. Said
additional judge shall receive the same salary supplement from
county funds which is received by each of the other judges of
the Stone Mountain Judicial Circuit.
Section 4. Code Section 15-6-2 of the Official Code of Geor-
gia Annotated, relating to the number of superior court judges
for each judicial circuit, is amended by striking paragraph (37)
in its entirety and substituting in lieu thereof a new paragraph
(37) to read as follows:
"(37) Stone Mountain Circuit.;........................j| 8.
Section 5. This Act shall become effective upon its ap-
proval by the Governor or upon its otherwise becoming law
for the purpose of allowing the Governor to appoint an addi-
tional judge of the Stone Mountain Judicial Circuit to take office
on July H 1986, as provided in Section 1 of this Act. This Act
shall be effective for all purposes on July 'll 1986.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
425
ANIMALS "LIVESTOCK DEFINED; POLICE POWERS OF
THE COMMISSIONER OF AGRICULTURE; DEPUTIZATION
OF EMPLOYEES.
Code Sections 4-4-1.1 and 4-4-5 Enacted.
No. 1340 (House Bill No. 1172).
AN ACT
To amend Part 1 of Article 1 of Chapter 4 of Title 4 of the
Official Code of Georgia Annotated, relating to general provi-
sions relative to the prevention and control of infectious or con-
tagious diseases in livestock, so as to define the term "livestock;
to provide for the enforcement of Chapter 4 of Title 4; to vest
the Commissioner of Agriculture with police powers; to provide
for the employment, designation, and deputization of employees
and the delegation to employees of the Department of Agricul-
ture of the necessary authority to enforce Chapter 4 of Title 4
and the rules and regulations adopted pursuant to such chapter;
to provide for powers, duties, and authority of such employees;
to provide for arrests; to provide for motor vehicles, uniforms,
firearms, and other equipment and supplies; to provide for a
statement of intention; 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 4 of Title 4 of
the Official Code of Georgia Annotated, relating to general provi-
sions relative to the prevention and control of infectious or con-
tagious diseases in livestock, is amended by adding, following
Code Section 4-4-1, a new Code Section 4-4-1.1, to read as follows:
"4-4-1.1. As used in this chapter, the term 'livestock
means cattle, swine, equines, poultry, sheep, goats, and rumi-
nants.
Section 2. Said part is further amended by adding at the
end thereof a new Code Section 4-4-5 to read as follows:
"4-4-5. (a) The Commissioner is vested with police
powers to enforce this chapter and the rules and regulations
adopted pursuant to this chapter.
426
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The Commissioner is authorized to employ, desig-
nate, deputize, and delegate to employees of the department
the necessary authority to enforce this chapter and the rules
and regulations adopted pursuant to this chapter. Employees
who have been so designated by the Commissioner and who
have been certified by the Georgia Peace Officer Standards
and Training Council as having successfully completed the
course of training required by Chapter 8 of Title 35, the
'Georgia Peace Officer Standards and Training Act, are au-
thorized:
(1) To carry firearms authorized or issued by the
Commissioner while in the performance of their duties;
(2) To inspect any livestock found within this state;
(3) To stop and inspect any vehicle transporting live-
stock in this state;
(4) To inspect and require the production of health
certificates, waybills, permits, or other documents re-
quired by federal or state laws, rules, regulations, or or-
ders for the transportation of livestock; and
(5) To arrest any person found to be in violation
of this chapter.
(c) From funds appropriated or available to the depart-
ment, the Commissioner is authorized to provide motor vehi-
cles, uniforms, firearms, and any other equipment and sup-
plies needed by employees of the department to carry out
this chapter.
(d) This Code section shall not repeal, supersede, alter,
or affect the power of any other law enforcement officer of
this state or of any county, municipality, or other political
subdivision of this state to enforce this chapter.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
427
MOTOR VEHICLE LICENSE PLATES CERTIFIED
FIREFIGHTERS; SPECIAL PLATES.
Code Section 40-2-75.1 Enacted.
No. 1341 (House Bill No. 1212).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to prestige license plates
and special plates for certain persons and vehicles, so as to au-
thorize and direct the state revenue commissioner to issue spe-
cial and distinctive motor vehicle license plates upon application
to any certified firefighter who is a member of a fire department
which has been certified pursuant to Article 2 of Chapter 3 of
Title 25; to provide procedures connected therewith; to provide
for the transfer or return of such license plates under certain
conditions; to provide for rules and regulations; to provide for
applicability; 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 license plates
and special plates for certain persons and vehicles, is amended
by adding between Code Sections 40-2-75 and 40-2-76 a new
Code Section 40-2-75.1 to read as follows:
"40-2-75.1. (a) Motor vehicle owners who are firefight-
ers certified pursuant to Article 1 of Chapter 4 of Title 25
and who are members of fire departments certified pursuant
to Article 2 of Chapter 3 of Title 25 shall be eligible to receive
a special and distinctive vehicle license plate for a private
passenger car or truck used for personal transportation.
Such license plate shall be issued in compliance with the
state motor vehicle laws relating to registration and licens-
ing of motor vehicles as prescribed in Article 2 of this chap-
ter. No firefighter shall be entitled to more than one special
and distinctive motor vehicle license plate. Such license plate
shall be inscribed with such letters, numbers, words, sym-
428 GENERAL ACTS AND RESOLUTIONS, VOL. I
bols, or a combination thereof as determined by the commis-
sioner to identify the owner as a certified firefighter. The
chiefs of the various fire departments shall furnish to the
commissioner each year prior to the date that license plates
are issued a list of the certified firefighters of their fire depart-
ments who reside in Georgia.
(b) (1) Upon transfer of the ownership of a private
passenger vehicle upon which there is a license plate
distinctively identifying the owner thereof as a certified
firefighter, such plate shall be removed and the authority
to use the plate shall thereby be canceled; however, after
such a transfer of ownership occurs, should the said cer-
tified firefighter acquire another motor vehicle, the li-
cense plate issued pursuant to this Code section may
be transferred between vehicles as provided in Code Sec-
tion 40-2-76.
(2) Should a certified firefighter who has been issued
a special and distinctive license plate be separated from
his department, the chief of such fire department shall
obtain the separated members license plate at the time
of the separation and shall forward same to the commis-
sioner along with a certificate to the effect that such
person has been separated, and thereupon the commis-
sioner shall reissue a regular license plate, at no addi-
tional charge, to such former certified firefighter to re-
place the special and distinctive plate. Should a certified
firefighter return to service with the same or another
fire department, the chief of such fire department shall
likewise secure the regular license plate of such person
and return same to the commissioner, along with a certif-
icate to the effect that such person has become a member
of the fire department, and the effective date thereof,
whereupon the commissioner shall, upon application and
upon the payment of a $25.00 manufacturing fee and
all other applicable registration and licensing fees at the
time of registration, reissue a special and distinctive li-
cense plate to such new member to replace the returned
regular plate. Upon such request for a change in plate
for a certified firefighter who is separated from a fire
department, the chief of the fire department shall furnish
such member with a copy of his letter to the commis-
GEORGIA LAWS 1986 SESSION
429
sioner requesting the appropriate change in plate, which
copy of such letter may be used by such member pending
the issuance of the new plate.
(c) The commissioner shall promulgate such rules and
regulations as may be necessary to enforce compliance with
all state license laws relating to the use and operation of
private passenger cars and trucks before issuing these plates
in lieu of the regular Georgia license plates, and all applica-
tions for such plates shall be made to the commissioner.
The manufacturing fee for such a special and distinctive
license plate shall be $25.00. The commissioner is specifically
authorized to promulgate all rules and regulations necessary
to ensure compliance in instances where such vehicles have
been transferred or sold. Except as provided in subsection
(b) of this Code section, such plates shall be nontransferable.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided in Code Section 40-2-29. Special license plates issued
under this Code section shall expire and shall not be renewed
or revalidated after December 31, 1989. It shall not be a
requirement that a county name decal be affixed and dis-
played on license plates issued under this Code section.
(e) The provisions of this Code section shall apply to
certified firefighters of volunteer fire departments which
have been certified pursuant to Article 2 of Chapter 3 of
Title 25.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
430
GENERAL ACTS AND RESOLUTIONS, VOL. I
LANDSCAPE ARCHITECTS LICENSES; APPLICATIONS;
CERTIFICATES; PENALTIES; BOARD.
Code Sections 43-23-6,43-23-11,43-23-12, and 43-23-20 Amended.
No. 1342 (House Bill No. 1236).
AN ACT
To amend Chapter 23 of Title 43 of the Official Code of Geor-
gia Annotated, relating to the regulation of landscape architects,
so as to change the provisions relating to application for license;
to repeal certain provisions relating to placement of seal on
licenses; to repeal certain provisions relating to display of li-
cense; to provide for certificates and for the form, delivery, and
display of such certificates; to change the provisions relating
to censure of licensees and revocation or suspension of licenses;
to change the termination date of and to continue the Georgia
Board of Landscape Architects 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:
Section 1. Chapter 23 of Title 43 of the Official Code of
Georgia Annotated, relating to the regulation of landscape ar-
chitects, is amended by striking Code Section 43-23-6 in its en-
tirety and inserting in lieu thereof a new Code Section 43-23-
6 to read as follows:
"43-23-6. Any person desiring to act as a landscape ar-
chitect must file an application for a license with the board.
The application shall be in such form and detail as the board
shall prescribe.
Section 2. Said chapter is further amended by striking
Code Section 43-23-11 in its entirety and inserting in lieu thereof
a new Code Section 43-23-11 to read as follows:
"43-23-11. (a) The board shall prescribe the form of
licenses issued under this chapter. The license of each land-
GEORGIA LAWS 1986 SESSION
431
scape architect shall be delivered or mailed to the landscape
architect.
(b) The board shall provide certificates to each licensed
landscape architect. The board shall prescribe the form of
certificates issued. The certificate shall have placed thereon
the seal of the board. The certificate of each landscape archi-
tect shall be delivered or mailed to the landscape architect.
It shall be the duty of the landscape architect to display
his certificate conspicuously in his place of business.
Section 3. Said chapter is further amended by striking
Code Section 43-23-12 in its entirety and inserting in lieu thereof
a new Code Section 43-23-12 to read as follows:
"43-23-12. The board may, upon its own motion, and
shall, upon the complaint in writing of any person, initiate
investigations into the actions of any licensed landscape ar-
chitect and shall have the power to censure the licensee
or to revoke or suspend any license issued under this chapter
whenever the board concludes that the licensee has violated
any provision of this chapter or whenever the board has
determined that the licensee:
(1) Has obtained a license by false or fraudulent rep-
resentations;
(2) Has impersonated another landscape architect
or former landscape architect with the same or similar
name, or is practicing under an assumed or misleading
name, to include practicing under a partnership or corpo-
rate name in which any person who is not a landscape
architect is named;
(3) Has aided or abetted an unlicensed person in
the practice of landscape architecture;
(4) Has been convicted of a felony or other crime
involving moral turpitude;
(5) Has, in the practice of landscape architecture,
been guilty of fraud, deceit, negligence, or incompe-
tence;
432
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Has affixed his signature to plans, drawings,
specifications, or other instruments of service which have
not been prepared by him or under his immediate and
responsible direction or has permitted his name to be
used for the purpose of assisting any person who is not
a landscape architect to evade the provisions of this chap-
ter; or
(7) Has violated the provisions of subsection (a) of
Code Section 43-1-19.
Section 4. Said chapter is further amended by striking
Code Section 43-23-20 in its entirety and inserting in lieu thereof
a new Code Section 43-23-20 to read as follows:
"43-23-20. For the purposes of Chapter 2 of this title,
'The Act Providing for the Review, Continuation, Reestab-
lishment, or Termination of Regulatory Agencies, the Geor-
gia Board of Landscape Architects shall be terminated on
July 1, 1992, and this chapter and any other laws relating
to such board shall be repealed in their entirety effective
on the date specified in Code Section 43-2-8.
Section 5. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
433
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS
TAKEOVERS OF CERTAIN CORPORATIONS; LAW
REPEALED.
Code Title 14, Chapter 6 Repealed.
No. 1343 (House Bill No. 1278).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated,
relating to corporations, so as to repeal in its entirety Chapter
6 of said title, relating to takeovers of certain corporations; to
make certain editorial changes connected therewith; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 14 of the Official Code of Georgia Anno-
tated, relating to corporations, is amended by repealing in its
entirety Chapter 6 of said title, relating to takeovers of certain
corporations, and inserting in its place the following:
"CHAPTER 6
Reserved.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
434
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARCHITECTS STATE BOARD OF ARCHITECTS;
MEMBERSHIP; CEASE AND DESIST ORDERS; CIVIL
PENALTIES; JUDICIAL REVIEW.
Code Section 43-4-2 Amended.
Code Section 43-4-17.1 Enacted.
No. 1344 (House Bill No. 1295).
AN ACT
To amend Chapter 4 of Title 43 of the Official Code of Georgia
Annotated, relating to the regulation of architects, so as to
change the number of members of the board; to authorize the
board, after notice and hearing, to issue a cease and desist order
prohibiting violations of this chapter; to provide for a civil pen-
alty for violations of a cease and desist order; to provide for
judicial review; to provide for applicability; to provide for mat-
ters related 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 43 of the Official Code of
Georgia Annotated, relating to the regulation of architects, is
amended by striking the first two sentences of Code Section
43-4-2, relating to the State Board of Architects, and inserting
in lieu thereof two new sentences to read as follows:
"There is created the State Board of Architects, which
shall be composed of seven appointive members. Six of the
members shall be registered practicing architects in this
state who shall be residents of this state and the seventh
member shall be a resident of this state and shall have no
connection whatsoever with the practice or profession of ar-
chitecture.
Section 2. Said chapter is further amended by adding be-
tween Code Section 43-4-17 and Code Section 43-4-18 a new Code
Section 43-4-17.1 to read as follows:
"43-4-17.1. (a) Notwithstanding any other provisions
of the law to the contrary, upon the board determining that
GEORGIA LAWS 1986 SESSION
435
a person is violating the provisions of Code Section 43-4-
17, the board may issue a cease and desist order prohibiting
such person from further violating such Code section. A de-
termination by the board may be made only after notice
to such person is given and a hearing is held.
(b) The board shall be authorized to impose a civil fine
not to exceed $500.00 for each separate violation of a cease
and desist order issued under subsection (a) of this Code
section upon any person violating such order. For purposes
of this subsection, each day a person is in violation of a
cease and desist order issued under this Code section shall
constitute a separate violation.
(c) Initial judicial review of any decision of the board
made pursuant to this Code section or any action for enforce-
ment thereof shall be available solely in the superior court
of the county of domicile of the board.
(d) Nothing in this Code section shall be construed to
prohibit the board from seeking remedies otherwise avail-
able by statute without first seeking a cease and desist order
in accordance with the provisions of this Code section.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
436
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROBATE OF WILLS ACKNOWLEDGEMENTS OF
SERVICE; ATTESTATION REQUIRED.
Code Section 53-3-80 Enacted.
No. 1345 (House Bill No. 1324).
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
no acknowledgement of service in any proceeding relating to
the probate of wills shall be valid unless the same is attested
by a notary public or the clerk of the probate court; to provide
for all related matters; to provide for an effective date and for
applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 3 of Title 53 of the Official Code of
Georgia Annotated, relating to probate of wills, is amended by
adding a new Article 4 to read as follows:
"ARTICLE 4
53-3-80. No acknowledgment of service in any proceed-
ing relating to the probate of wills shall be valid unless it
is attested by a notary public or the clerk of the probate
court.
Section 2. This Act shall become effective July 1, 1986,
and shall apply to acknowledgements filed for record on or after
its effective date.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
437
STATE PARKS, HISTORIC SITES, AND RECREATIONAL
AREAS HUNTING OR TRAPPING; PRIOR WRITTEN
PERMISSION.
Code Section 12-3-10 Amended.
No. 1346 (House Bill No. 1325).
AN ACT
To amend Code Section 12-3-10 of the Official Code of Georgia
Annotated, relating to prohibited acts in parks, historic sites,
and recreational areas, generally, so as to provide that certain
generally prohibited acts may be allowed in parks, historic sites,
or recreational areas by prior written permission of the commis-
sioner of natural resources; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 12-3-10 of the Official Code of Geor-
gia Annotated, relating to prohibited acts in parks, historic sites,
and recreational areas, generally, is amended by striking in
its entirety subsection (1) and inserting in lieu thereof a new
subsection (1) to read as follows:
"(1) It shall be unlawful to hunt, trap, or otherwise pur-
sue or catch any wildlife in any park, historic site, or recre-
ational area, unless such activity involves the use of bows
and arrows, primitive weapons, and shotguns and has been
approved by prior written permission of the commissioner
of natural resources or his authorized representative. It shall
also be unlawful to shoot into a park, historic site, or recre-
ational area from beyond the boundaries of such park, his-
toric site, or recreational area.
Section 2. Said Code section is further amended by striking
in its entirety subsection (o) and inserting in lieu thereof a new
subsection (o) to read as follows:
"(o) It shall be unlawful for any person to use or possess
in any park, historic site, or recreational area any fireworks,
438
GENERAL ACTS AND RESOLUTIONS, VOL. I
explosives, or firecrackers, unless stored so as not to be
readily accessible or unless such use has been approved by
prior written permission of the commissioner of natural re-
sources or his authorized representative. It shall also be un-
lawful for any person to use or possess in any park, historic
site, or recreational area any firearms, bows and arrows,
spring guns, air rifles, slingshots, or any other device which
discharges projectiles by any means, unless the device is
unloaded and stored so as not to be readily accessible or
unless such use has been approved within restricted areas
by prior written permission of the commissioner of natural
resources or his authorized representative.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
MOTOR VEHICLE CERTIFICATES OF TITLE
APPLICATIONS; SIGNATURES OF DEALERS; OATHS; TIME
PERIODS.
Code Title 40, Chapter 3 Amended.
No. 1347 (House Bill No. 1335).
AN ACT
To amend Article 2 of Chapter 3 of Title 40 of the Official
Code of Georgia Annotated, relating to certificates of title on
motor vehicles, so as to eliminate in certain situations the re-
quirements for the dealer to sign the application for a certificate
of title; to eliminate the requirement that certain documents
GEORGIA LAWS 1986 SESSION
439
submitted in an application for a certificate of title be sworn
to before an officer authorized to administer oaths; to eliminate
the requirement that certain transferred certificates of title be
held 15 days prior to issuance; 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 on
motor vehicles, is amended by striking subsection (b) of Code
Section 40-3-22, relating to applications for certificates of title,
and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b) If the application refers to a vehicle purchased from
a dealer, it shall contain the name and address of the holder
of any security interest created or reserved at the time of
the sale by the dealer and the date of his security agreement.
The application shall be signed by the owner and, unless
the dealers signature appears on the certificate of title or
manufacturers statement of origin submitted in support of
the title application, the dealer. 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 rejec-
tion to resubmit the documents required by the commis-
sioner 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 certifi-
cate of title for a purchaser shall be grounds for suspension
or revocation of the dealers state issued license and registra-
tion for the sale of motor vehicles.
440
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said article is further amended by striking the
first sentence of subsection (a) of Code Section 40-3-27, relating
to subsequent transactions for certificates of title, and inserting
in lieu thereof a new first sentence to read as follows:
"Whenever the certificate of title is in the possession
of a security interest holder or lienholder as allowed by this
chapter and some other person, including the owner, who
has an interest in a transaction concerning a security inter-
est or lien shown on the certificate of title desires to have
that transaction reflected on the certificate of title, he may
execute a notice of that transaction in the form prescribed
by the commissioner, setting forth the details of the transac-
tion he desires to be reflected on the certificate of title.
Section 3. Said article is further amended by striking para-
graph (2) of Code Section 40-3-30, relating to lost, stolen, muti-
lated, or destroyed certificates of title, and inserting in lieu
thereof a new paragraph (2) to read as follows:
"(2) When the vehicle for which a replacement certifi-
cate of title has been issued is transferred to a new owner,
the certificate of title issued to the transferee shall continue
to contain the legend:
'This is a replacement certificate and may be subject
to the rights of a person under the original certificate.
After a replacement certificate has been issued and the
records of the commissioner show that the owner has held
record title continuously for a period of not less than six
calendar months and the record title of the owner has not
been challenged, the commissioner may, upon proper appli-
cation, issue a replacement title, which shall simply contain
the legend 'Replacement Title;.
Section 4. Said article is further amended by striking sub-
section (a) of Code Section 40-3-31, relating to transfers of vehi-
cles, generally, and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) If an owner transfers his interest in a vehicle other
than by the creation of a security interest, he shall, at the
GEORGIA LAWS 1986 SESSION
441
time of delivery of the vehicle, execute an assignment and
warranty of title to the transferee in the space provided
therefor on the certificate of title or as the commissioner
prescribes, and cause the certificate and assignment to be
delivered to the transferee. If the transferor willfully fails
to deliver the properly assigned certificate of title to the
transferee, the transferor shall be guilty of a misdemeanor.
In addition, the transferor shall be civilly liable to the trans-
feree for all damages, including reasonable attorneys fees,
occasioned by the transferors failure to comply with this
subsection.
Section 5. Said article is further amended by striking sub-
section (a) of Code Section 40-3-32, relating to transfers of vehi-
cles to and from dealers, and inserting in lieu thereof a new
subsection (a) to read as follows:
"(a) A dealer who buys a vehicle and holds it for resale
need not apply to the commissioner for a new certificate
of title but may retain the certificate delivered to him. Upon
transferring the vehicle to another person other than by
the creation of a security interest, such dealer shall promptly
execute the assignment and warranty of title by a dealer.
Such assignment and warranty shall show the names and
addresses of the transferee and any holder of a security inter-
est created or reserved at the time of the resale and the
date of his security agreement, in the spaces provided there-
for on the certificate or as the commissioner prescribes.
Transfers of vehicles under this Code section shall otherwise
conform with Code Section 40-3-31. A dealer selling a previ-
ously registered vehicle which under this chapter need not
have a certificate of title need not furnish a purchaser of
such a vehicle a certificate of title. After a previously regis-
tered vehicle has been brought under the terms of this chap-
ter, a dealer, when selling that vehicle, shall conform to
all provisions of this chapter.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
442
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROBATION OF FIRST OFFENDERS ENTRIES BY CLERK
OF COURT ON CRIMINAL DOCKETS AND OTHER
RECORDS; FORM.
Code Section 42-8-62 Amended.
No. 1348 (House Bill No. 1342).
AN ACT
To amend Article 3 of Chapter 8 of Title 42 of the Official
Code of Georgia Annotated, relating to probation of first offend-
ers, so as to provide that upon fulfillment of the terms of proba-
tion, upon release by the court prior to the termination of the
period thereof, or upon release from confinement, it shall be
the duty of the clerk of court to make an entry on the criminal
docket and all other records of the court pertaining thereto
regarding the exoneration of the defendant; to provide for the
form of such entry; to provide for procedures; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 42 of the Official
Code of Georgia Annotated, relating to probation of first offend-
ers, is amended by striking Code Section 42-8-62, relating to
the effect of fulfillment of terms of probation, release by court
prior thereto, or release from confinement generally, and insert-
ing in lieu thereof a new Code Section 42-8-62 to read as follows:
"42-8-62. (a) Upon fulfillment of the terms of proba-
tion, 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 defen-
dant 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. It shall be the duty
of the clerk of court to enter on the criminal docket and
all other records of the court pertaining thereto the follow-
ing:
GEORGIA LAWS 1986 SESSION
443
'Discharge filed completely exonerates 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. O.C.G.A. 42-
8-62.
Such entry shall be written or stamped in red ink, dated,
and signed by the person making such entry.
(b) Should a person be placed under probation or in
confinement under this article, a record of the same shall
be forwarded to the Georgia Crime Information Center.
Without request of the defendant a record of discharge and
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 pro-
vided 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.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
444
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLES AND TRAFFIC CHALLENGES TO
FINAL CONVICTIONS FOR TRAFFIC OFFENSES; TIME
LIMITS FOR FILING.
Code Section 40-13-33 Enacted.
No. 1349 (House Bill No. 1351).
AN ACT
To amend Article 2 of Chapter 13 of Title 40 of the Official
Code of Georgia Annotated, relating to arrests, trials, and ap-
peals of traffic offenses, so as to provide that all challenges to
final convictions for traffic offenses must be filed within 180
days of the date the conviction becomes final; to provide that
challenges to traffic convictions which became final prior to the
effective date of this Act must be filed within 180 days of the
effective date of this Act; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 40 of the Official
Code of Georgia Annotated, relating to arrests, trials, and ap-
peals of traffic offenses, is amended by adding at the end of
said article a new Code section, to be designated Code Section
40-13-33, to read as follows:
"40-13-33. (a) Any challenge to a misdemeanor convic-
tion of any of the traffic laws of this state or the traffic
laws of any county or municipal government which may
be brought pursuant to Chapter 14 of Title 9 must be filed
within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection
(a) of this Code section which became final before the effective
date of this Code section must be filed within 180 days of
the effective date of this Code section.
(c) When the commissioner of public safety is named
as the respondent, all such petitions must be brought in
the Superior Court of Fulton County.
GEORGIA LAWS 1986 SESSION
445
(d) Failure to file the challenge within the time pre-
scribed in this Code section shall divest the court of jurisdic-
tion.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
LIVING WILLS EFFECTIVENESS; FORMS.
Code Sections 31-32-3 and 31-32-6 Amended.
No. 1350 (House Bill No. 1352).
AN ACT
To amend Chapter 32 of Title 31 of the Official Code of Geor-
gia Annotated, relating to living wills, so as to provide that a
living will shall be effective from the date of execution unless
revoked in a manner prescribed in Code Section 31-32-5; to pro-
vide for the effectiveness of living wills executed under prior
law; to provide for a method of continuing the effectiveness of
such prior living wills; to change the form for living wills; to
provide for other matters related to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of
Georgia Annotated, relating to living wills, is amended by strik-
446
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing Code Section 31-32-6, relating to the period of effectiveness
of a living will, and substituting in lieu thereof a new Code
Section 31-32-6 to read as follows:
"31-32-6. (a) A living will executed on or after the ef-
fective date of this subsection shall be effective from the
date of execution thereof unless revoked in a manner pre-
scribed in Code Section 31-32-5.
(b) A living will executed prior to the effective date of
this subsection in the form specified by prior law shall be
effective for a period of seven years from the date of execu-
tion thereof, except that, if the declarant crosses through
or otherwise marks over the paragraph of such a living will
relating to the seven-year period of effectiveness of the living
will so as to indicate an intention to defeat the operation
of such paragraph, and if the declarant signs or initials the
living will in the area of the stricken paragraph, then the
living will shall continue in effect until and unless revoked
in a manner prescribed in Code Section 31-32-5.
Section 2. Said chapter is further amended by striking
subsection (b) of Code Section 31-32-3, relating to execution and
form of living wills, and inserting in its place a new subsection
to read as follows:
"(b) The declaration shall be a document, separate and
self-contained. A declaration executed on or after the effec-
tive date of this subsection shall be in substantially the form
specified in this subsection. A declaration executed on or
after the effective date of this subsection in substantially
the form specified by prior law shall be valid and effective,
except that the paragraph limiting the operation of the living
will to a seven-year period shall be ineffective. The form
for the declaration shall be substantially as follows:
'LIVING WILL
Living Will Made This __________ day of ___________
(Month, year).
I, _____________________________, being of sound
mind, willfully and voluntarily make known my desire
GEORGIA LAWS 1986 SESSION
447
that my life shall not be prolonged under the circum-
stances set forth below and do declare:
1. If at any time I should have a terminal condi-
tion as defined in and established in accordance with
the procedures set forth in paragraph (10) of Code
Section 31-32-2 of the Official Code of Georgia Anno-
tated, I direct that the application of life-sustaining
procedures to my body be withheld or withdrawn and
that I be permitted to die;
2. In the absence of my ability to give directions
regarding the use of such life-sustaining procedures,
it is my intention that this living will shall be honored
by my family and physician(s) as the final expression
of my legal right to refuse medical or surgical treat-
ment and accept the consequences from such refusal;
3. I understand that I may revoke this living
will at any time;
4. I understand the full import of this living will,
and I am at least 18 years of age and am emotionally
and mentally competent to make this living will; and
5. If I am female and I have been diagnosed as
pregnant, this living will shall have no force and ef-
fect during the course of my pregnancy.
Signed__________________|_______
_____________ (City), _____________ (County), and
_____________(State of Residence).
I hereby witness this living will and attest that:
(1) The declarant is personally known to me and
I believe the declarant to be at least 18 years of age
and of sound mind;
(2) I am at least 18 years of age;
(3) To the best of my knowledge, at the time of
the execution of this living will, I:
448
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Am not related to the declarant by blood
or marriage;
(B) Would not be entitled to any portion of
the declarants estate by any will or by operation
of law under the rules of descent and distribution
of this state;
(C) Am not the attending physician of declar-
ant or an employee of the attending physician
or an employee of the hospital or skilled nursing
facility in which declarant is a patient;
(D) Am not directly financially responsible
for the declarants medical care; and
(E) Have no present claim against any por-
tion of the estate of the declarant;
(4) Declarant has signed this document in my
presence as above-instructed, on the date above first
shown.
Witness______________________________
Address______________________________
Witness______________________________
Address______________________________
Additional witness required when living will is signed
in a hospital or skilled nursing facility.
I hereby witness this living will and attest that I
believe the declarant to be of sound mind and to have
made this living will willingly and voluntarily.
Witness: ____________________________
Medical director of skilled
nursing facility or chief
of the hospital medical
staff .
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
GEORGIA LAWS 1986 SESSION
449
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
ROAD HOUSES, DANCE HALLS, ETC. HEALTH
INSPECTIONS.
Code Section 43-21-51 Amended.
No. 1351 (House Bill No. 1359).
AN ACT
To amend Code Section 43-21-51 of the Official Code of Geor-
gia Annotated, relating to applications for persons operating
roadhouses, public dance halls, or any other similar establish-
ments by whatever name called and inspections by the Depart-
ment of Human Resources and county health authorities, so
as to provide that such establishments shall not be subject to
inspection by the Department of Human Resources or the county
health authorities in the county in which such business is lo-
cated; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 43-21-51 of the Official Code of
Georgia Annotated, relating to applications for persons operat-
ing roadhouses, public dance halls, or any other similar estab-
lishments by whatever name called and inspections by the De-
partment of Human Resources and county health authorities,
is amended by striking said Code section in its entirety and
substituting in lieu thereof a new Code Section 43-21-51 to read
as follows:
"43-21-51. (a) Every person, firm, or corporation mak-
ing application for a license to engage in the business de-
450
GENERAL ACTS AND RESOLUTIONS, VOL. I
scribed in Code Section 43-21-50 shall make application to
the county commissioners or the judge of the probate court
of the county in which such business is to be operated. The
application shall contain:
(1) The name and residence of the applicant and
the length of his residence within the state;
(2) The address and place for which such license
is desired;
(3) The name of the owner of the premises upon
which the business licensed is to be located;
(4) A statement that the applicant intends to carry
on the business authorized by the license for himself or
under his immediate supervision and direction; and
(5) A statement that such applicant is of good moral
character and has never been convicted of a felony involv-
ing moral turpitude.
(b) The application prescribed in this Code section must
be verified by the affidavit of the petitioner made before a
notary public or other person duly authorized by law to ad-
minister oaths. If it appears from the statement of the appli-
cant, or otherwise, that such applicant has been convicted
of a felony involving moral turpitude, the license shall not
be granted unless it shall appear to the satisfaction of the
county commissioners or the judge of the probate court that
the licensed premises will be operated in a lawful manner,
in which case such official or officials may, in their discretion,
issue such license. Before any such license shall be issued,
the governing body of the county shall be satisfied that the
statements required by this Code section are true.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
451
GEORGIA CONTROLLED SUBSTANCES ACT ANNUAL
REPORTS OF LAW ENFORCEMENT AGENCIES.
Code Section 16-13-49 Amended.
No. 1352 (House Bill No. 1365).
AN ACT
To amend Code Section 16-13-49 of the Official Code of Geor-
gia Annotated, relating to forfeitures under the "Georgia Con-
trolled Substances Act, so as to require law enforcement agen-
cies to submit an annual report to the governing authority of
the county or municipality itemizing the money, currency, and
proceeds of forfeited property received and the expenditure of
the funds during the previous 12 months; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 16-13-49 of the Official Code of
Georgia Annotated, relating to forfeitures under the "Georgia
Controlled Substances Act, is amended by striking in its en-
tirety subparagraph (f)(2)(B) and inserting in lieu thereof a new
subparagraph (B) to read as follows:
"(B) Any law enforcement agency receiving money or
currency which is forfeited or realized from the sale or dispo-
sition of forfeited property shall submit a report to the gov-
erning authority of the county or municipality on or before
the tenth day of the following month of each calendar quar-
ter itemizing the money, currency, and proceeds of forfeited
property received and the expenditure of the funds. The law
enforcement agency shall also submit an annual report to
the governing authority of the county or municipality on
the first day of July itemizing the money, currency, and
proceeds of forfeited property received and the expenditure
of the funds during the previous 12 months.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
452
GENERAL ACTS AND RESOLUTIONS, VOL. I
DEPARTMENT OF PUBLIC SAFETY UNIFORM
DIVISION; RECRUITS AND CADETS DESIGNATED PEACE
OFFICERS; AUTHORITY; CLOTHING ALLOWANCE FOR
MEMBERS ASSIGNED TO PERSONAL SECURITY OR
SPECIAL DUTY.
Code Sections 35-2-36 and 35-2-52 Amended.
No. 1353 (House Bill No. 1843).
AN ACT
To amend Title 35 of the Official Code of Georgia Annotated,
relating to law enforcement officers and agencies, so as to pro-
vide that recruits or cadets of the Uniform Division shall be
designated peace officers and shall have the authority of peace
officers; to change the provisions relating to the payment of a
clothing allowance to members of the Uniform Division assigned
permanently to personal security or special duty assignments;
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 35 of the Official Code of Georgia Anno-
tated, relating to law enforcement officers and agencies, is
amended by striking in its entirety subsection (c) of Code Section
35-2-36, relating to the composition of the battalion of the Uni-
form Division of the Department of Public Safety, and inserting
in lieu thereof a new subsection (c) to read as follows:
"(c) Within the limits set by available appropriations,
the commissioner, with the approval of the board, is autho-
rized to employ such recruits or cadets as may be deemed
necessary, who may become members of the Uniform Divi-
sion but who shall not be members of the Uniform Division
so long as they remain recruits or cadets; provided, however,
that such recruits or cadets are designated as 'peace officers
as such term is defined in paragraph (11) of Code Section
16-1-3 and shall have the authority of a peace officer.
GEORGIA LAWS 1986 SESSION
453
Section 2. Said title is further amended by striking Code
Section 35-2-52 in its entirety and inserting in lieu thereof a
new Code Section 35-2-52 to read as follows:
"35-2-52. The commissioner, at his discretion and sub-
ject to available funds, shall be authorized to pay to members
of the Uniform Division a clothing allowance when the mem-
bers are permanently assigned to personal security or special
duty assignments which necessitate those members wearing
clothing other than the uniform of the Uniform Division.
The commissioner, subject to the approval of the Board of
Public Safety, shall establish the amount of clothing allow-
ance to be paid each year.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
SAPELO ISLAND HERITAGE AUTHORITY HOG
HAMMOCK COMMUNITY; BEST USE; REAL PROPERTY
TRANSACTIONS; STATE PROPERTY TRANSFERS.
Code Sections 12-3-441 and 12-3-445 Amended.
No. 1354 (House Bill No. 1938).
AN ACT
To amend Part 7 of Article 7 of Chapter 3 of Title 12 of
the Official Code of Georgia Annotated, known as the "Sapelo
Island Heritage Authority Act, so as to provide that the best
and most important use of the Hog Hammock community lo-
454
GENERAL ACTS AND RESOLUTIONS, VOL. I
cated on Greater Sapelo Island is for it to remain occupied by
the direct descendants of the slaves of Thomas Spalding; to au-
thorize real property transactions both inside and outside of
the Hog Hammock community on Greater Sapelo Island; to pro-
vide that the Governor be empowered and authorized to convey
to the authority title to real property owned or claimed by the
state on Greater Sapelo Island; to provide that certain property
claimed by the authority may be condemned; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 7 of Article 7 of Chapter 3 of Title 12 of
the Official Code of Georgia Annotated, known as the "Sapelo
Island Heritage Authority Act, is amended by striking in its
entirety paragraph (9) of subsection (a) of Code Section 12-3-
441, relating to legislative findings under the Act, and inserting
in lieu thereof a new paragraph (9) to read as follows:
"(9) The best and most important use of this area of
Greater Sapelo Island is for said community to remain, as
it currently exists, a historic community, occupied by the
direct descendants of the slaves of Thomas Spalding; and.
Section 2. Said part is further amended by striking in its
entirety paragraph (2) of Code Section 12-3-445, relating to the
powers and duties of the authority, and inserting in lieu thereof
a new paragraph (2) to read as follows:
"(2) To acquire, hold, and dispose of in its own name
by purchase, gift, lease, or exchange, on such terms and
conditions and in such manner and by such instrument as
it may deem proper, real and personal property of every
kind, character, and description, including tenancies in com-
mon, located both inside the Hog Hammock community and
elsewhere on Greater Sapelo Island, McIntosh County, Geor-
gia. Upon such acquisition by the authority, the said real
and personal property shall become public property and
shall be entitled to all the rights, privileges, and protection
afforded like situated state owned or claimed property. The
Governor is empowered and authorized, for and on behalf
of the state, to convey to the authority, by deed, title to
GEORGIA LAWS 1986 SESSION
455
any real property owned or claimed by the state on Greater
Sapelo Island. The authority may not acquire real or per-
sonal property by condemnation, eminent domain, but any
real or personal property owned or claimed by the authority
may be condemned, through the exercise of the power of
eminent domain, by the State of Georgia, acting by and
through its State Properties Commission;.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
CITIES OF MORE THAN 300,000 TRAFFIC COURTS;
SENIOR JUDGES.
No. 1396 (House Bill No. 1714).
AN ACT
To amend an Act creating a system of traffic courts for each
city of this state having a population of more than 300,000 ac-
cording to the United States decennial census of 1960 or any
future such census, approved April 21, 1967 (Ga. L. 1967, p.
3360), as amended by an Act approved March 30, 1977 (Ga. L.
1977, p. 1207), so as to create the position of senior judge of
any such court; to provide the qualifications for said position;
to provide for the duties of such senior judges; to provide for
the compensation of such senior judges; 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:
456 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. An Act creating a system of traffic courts for
each city of this state having a population of more than 300,000
according to the United States decennial census of 1960 or any
future such census, approved April 21, 1967 (Ga. L. 1967, p.
3360); as amended by an Act approved March 30, 1977 (Ga. L.
1977, p. 1207), is amended by adding immediately following Sec-
tion 11 a new Section 11A to read as follows:
"Section 11 A. (a) The office of senior judge of a city
court provided for by this Act is created. Any judge, chief
judge, or associate judge of any such city court who retires
pursuant to the provisions of applicable laws relating to such
retirement shall be a senior judge on the effective date of
such retirement.
(b) Senior judges may be called upon to serve as judges
of a city court when a regular judge for some reason is unable
to serve. Any such senior judge may be subject to designation
and assignment, with the senior judges consent, either as
additional or substitute judge. Such senior judge shall have
all the power and authority when so designated or assigned
as a city court judge. Such senior judges shall be compensated
in addition to retirement pay in the amount paid to judges
pro hac vice of a city court for such services. In addition
to such compensation, such judges shall receive mileage at
the same rate as other employees of the city for such services.
Said compensation and mileage shall be paid from city funds
appropriated or otherwise available for the operation of the
city court upon a certificate by the judge as to the number
of days served and the mileage. Such compensation shall
not diminish or otherwise impair the payment or receipt
of any retirement or pension benefits of such judge.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 28, 1986.
GEORGIA LAWS 1986 SESSION
457
METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW
COMMITTEE REPEAL DATE.
No. 60 (House Resolution No. 515).
A RESOLUTION
To amend a resolution creating the Metropolitan Atlanta
Rapid Transit Overview Committee, approved March 16, 1973
(Ga. L. 1973, p. 70), as amended, particularly by a resolution
approved March 7, 1984 (Ga. L. 1984, p. 336), so as to change
the provisions relating to the repeal of the resolution; to repeal
conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. A resolution creating the Metropolitan Atlanta
Rapid Transit Overview Committee, approved March 16, 1973
(Ga. L. 1973, p. 70), as amended, particularly by a resolution
approved March 7, 1984 (Ga. L. 1984, p. 336), is amended by
striking Section 3A, relating to repeal of the resolution, and
inserting in its place a new section to read as follows:
"Section 3A. Unless extended by joint resolution of the
General Assembly, this resolution shall stand repealed on
July 1, 1990.
Section 2. All laws and parts of laws in conflict with this
resolution are repealed.
Approved March 28, 1986.
458
GENERAL ACTS AND RESOLUTIONS, VOL. I
FINANCIAL INSTITUTIONS DEFINITIONS; FINANCIAL
EXAMINERS AND PERSONNEL OF THE DEPARTMENT OF
BANKING AND FINANCE; RECEIVING MONEY FOR
DEPOSIT OR TRANSMISSION; BANK POWERS;
DIRECTORS; MINORS; CREDIT UNIONS.
Code Title 7, Chapter 1 Amended.
No. 1397 (House Bill No. 1281).
AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia
Annotated, known as the "Financial Institutions Code of Geor-
gia, so as to repeal the definition of the term "money; to au-
thorize the department to expend funds for the recruitment,
training, and certification of a professional staff of financial ex-
aminers; to provide for the continued qualification and recogni-
tion of the professional status of examiners; to authorize the
department to recognize independent certification of profes-
sional qualifications as supplemental to the rules and regula-
tions of the state merit system in considering personnel actions
relative to its examiners; to redesignate Code Section 7-1-442
as Code Section 7-1-236; to provide that certain persons or corpo-
rations shall not be deemed to be engaged in the business of
receiving money for deposit or transmission under certain condi-
tions; to provide that persons or corporations engaged in the
business of cashing checks, dispensing cash through credit or
debit card activated electronic devices, or recording of financial
transactions resulting from and initiated at the point of the
sale of goods or services who do not receive deposits or otherwise
engage in the business of banking shall not be deemed to be
engaged in the business of receiving money for deposit or trans-
mission; to provide that banks shall have the power to receive
money or commercial paper for deposit and to provide by its
rules or by agreement for the terms of withdrawal and interest
thereon; to provide that banks shall have the power to act as
an agent to collect checks, drafts, and other items of commercial
paper and in exercising this power to become a member of a
clearing-house and grant security interests in its assets for its
qualification therein; to change the qualifications of directors;
to authorize the department to waive the residency require-
GEORGIA LAWS 1986 SESSION
459
merits for directors of special purpose banks; to change the provi-
sions authorizing a minor to have deposits in a credit union;
to provide that a minor may have third-party payment accounts;
to provide for the discharge of liability for the payment of any
deposit of a minor depositor by a credit union; to provide for
the discharge of liability in transactions involving payments
to third parties out of a minors account; to provide that any
action by a minor with respect to a deposit account, third-party
payment account, or safe-deposit agreement shall be binding
on the minor with the same effect as though the minor were
an adult; to change the definition of certain terms; to change
the definition of the term "bank as it relates to bank branches,
offices, facilities, and holding companies; to repeal the definition
and supplementary provisions of the term "engaging in the busi-
ness of selling or issuing checks as it relates to the sale of
checks or money orders; to provide for other matters relative
to the foregoing; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 1 of Title 7 of the Official Code of Geor-
gia Annotated, known as the "Financial Institutions Code of
Georgia, is amended by striking paragraph (22.1) of Code Sec-
tion 7-1-4, relating to definitions pertaining to financial institu-
tions, which reads as follows:
"(22.1) 'Money means a medium of exchange author-
ized or adopted by a domestic or foreign government as a
part of its currency.,
in its entirety.
Section 2. Said chapter is further amended by striking
Code Section 7-1-35, relating to the deputy commissioner, exam-
iners, and assistants, in its entirety and substituting in lieu
thereof a new Code Section 7-1-35 to read as follows:
"7-1-35. (a) The commissioner shall appoint from time
to time, with the right to discharge at will, a deputy commis-
sioner, who shall also be ex officio examiner, and such addi-
tional examiners and assistants as he may need to discharge
460
GENERAL ACTS AND RESOLUTIONS, VOL. I
in a proper manner the duties imposed upon him by law,
subject to the rules and regulations of the state merit system
and within the limitations of the appropriation to the depart-
ment as prescribed in this Code section. Except as otherwise
provided in this chapter, the deputy commissioner, examin-
ers, and assistants shall be governed by such rules of position,
classification, appointment, promotion, demotion, transfer,
dismissal, qualification, compensation, seniority privileges,
tenure, and other employment standards of the state merit
system. As used in this Code section, the term 'state merit
system shall mean that system established pursuant to Arti-
cle 1 of Chapter 20 of Title 45.
(b) Within the limitations of its annual appropriation,
the department may expend funds pursuant to the authority
granted under Article VIII, Section VII, Paragraph I of the
1983 Constitution of Georgia necessary to the recruitment,
training, and certification of a professional staff of financial
examiners. The department may provide for the participa-
tion of examiners in such educational, training, and certifica-
tion programs as the commissioner deems necessary to the
continued qualification and recognition of the professional
status of examiners. The department may recognize indepen-
dent certification of professional qualifications as supplemen-
tal to the rules and regulations of the state merit system
in considering the personnel actions relative to its examin-
ers.
Section 3. Said chapter is further amended by redesignat-
ing Code Section 7-1-442, relating to report of change in control,
as Code Section 7-1-236.
Section 4. Said chapter is further amended by striking
paragraph (3) and by adding a new paragraph (4) at the end
of subsection 03) of Code Section 7-1-241, relating to restrictions
on engaging in the business of banking, so that when so amended
paragraphs (3) and (4) of subsection Ob) shall read as follows:
"(3) An attorney at law, real estate agent, fiscal agent,
insurance company, utility company, or any other person
or corporation to the extent he or it receives and transmits
money solely as an incident to a business or profession not
governed by this chapter;
GEORGIA LAWS 1986 SESSION
461
(4) Persons or corporations engaged in the business of
cashing checks, dispensing cash through credit or debit card
activated electronic devices, or recording of financial transac-
tions resulting from and initiated at the point of the sale
of goods or services; provided, however, no such person or
corporation shall receive deposits or otherwise engage in
the business of banking.
Section 5. 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 commercial paper for deposit
and to provide by its rules or by agreement for the terms
of withdrawal and interest thereon;
(2) To act as an agent to collect checks, drafts, and other
items of commercial paper and in exercising this power to
become a member of a clearing-house and grant security
interests in its assets for its qualification therein;.
Section 6. Said chapter is further amended by striking
subsection (b) of Code Section 7-1-480, relating to the board of
directors of a bank or trust company, in its entirety and substi-
tuting in lieu thereof a new subsection (b) to read as follows:
"(b) Each director shall be a citizen of the United States
and at least 60 percent of the directors shall:
(1) Reside in Georgia; and
(2) Reside in the county in which the registered of-
fice of the bank or trust company is or is proposed to
be located or within 40 miles of any office thereof author-
ized to offer a complete banking or trust service; provided,
however, the department may waive this provision with
respect to special purpose banks organized pursuant to
subsection (c) of Code Section 7-1-394.
No more than 25 percent of the total membership
of the board of directors of a bank, trust company, or
bank holding company shall be members of the same
462
GENERAL ACTS AND RESOLUTIONS, VOL. I
family unless such family members own a majority of
the outstanding stock of the bank, trust company, or
bank holding company. As used in this paragraph, the
term 'family means parents, children, and the spouses
of children.
Section 7. Said chapter is further amended by striking
subsection (d) of Code Section 7-1-590, relating to representative
offices of banks and bank holding companies domiciled in other
states or territories, in its entirety and substituting in lieu
thereof a new subsection (d) to read as follows:
"(d) For purposes of this Code section, the terms 'bank
and 'bank holding company shall have the same meaning
accorded those terms in Code Section 7-1-600.
Section 8. Said chapter is further amended by striking
paragraph (1) of Code Section 7-1-600, relating to definitions
pertaining to branch banks, offices, facilities, and holding compa-
nies, in its entirety and substituting in lieu thereof a new para-
graph (1) to read as follows:
"(1) 'Bank means any moneyed corporation authorized
by law to receive deposits of money and commercial paper,
to make loans, to discount bills, notes, and other commercial
paper, to buy and sell bills of exchange, and to issue bills,
notes, acceptances, or other evidences of debt, and shall in-
clude incorporated banks, savings banks, banking compa-
nies, trust companies, and other corporations doing a bank-
ing business but, unless the context otherwise indicates, shall
not include national banks, or building and loan associations,
or similar associations or corporations; provided, however,
that Code Section 7-1-590, providing for the registration of
representative offices; Code Section 7-1-601, regulating the
operation and establishment of branch banks and taxation
of banks, branch bank offices, and bank facilities; Code Sec-
tion 7-1-602, regulating the establishment of bank offices
and bank facilities; Code Section 7-1-603, regulating the ex-
pansion of existing facilities; and Code Sections 7-1-605
through 7-1-608, restricting the acquisition and ownership
of bank shares or assets, shall apply to national banks and
all other persons, corporations, or associations, by whatever
authority organized, doing a banking business in this state.
GEORGIA LAWS 1986 SESSION
463
'Bank shall include 'bank office, 'bank facility, 'parent
bank, and 'branch bank, unless the context indicates that
it does not.
Section 9. Said chapter is further amended by striking
subsection (b) of Code Section 7-1-652, relating to joint and minor
trust shares and deposits and preferred capital base shares, in
its entirety and substituting in lieu thereof a new subsection
(b) to read as follows:
"G>) (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 third-
party payment accounts. A receipt or acquittance signed
by such a minor depositor shall be a valid and sufficient
release and discharge of such credit union for any pay-
ment of any deposit to such minor. In the transactions
involving payments to third parties out of the minors
account, the payment of an order of the minor shall be
a valid and sufficient release and discharge of the credit
union for any payment of such funds from the minors
account. This subsection shall continue to include, with-
out 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 ac-
count 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 un-
ions with respect to such a deposit account, third-
party payment account, or safe-deposit agreement
without the consent of a parent or guardian and with
the same effect as though the minor were an adult.
(2) Any action of the minor with respect to such
deposit account, third-party payment account, or safe-
464 GENERAL ACTS AND RESOLUTIONS, VOL. I
deposit agreement shall be binding on the minor with
the same effect as though the minor were an adult.
Section 10. Said chapter is further amended by striking
Code Section 7-1-681, relating to the requirement for licenses
for the sale of checks or money orders and to the definition of
engaging in the business of selling or issuing checks, in its en-
tirety and substituting in lieu thereof a new Code Section 7-1-
681 to read as follows:
7-1-681. No person or corporation, other than a bank
or trust company, the authorized agent of a licensee, 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, affili-
ate, or agent in this state.
Section 11. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 12. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
465
USED MOTOR VEHICLE DISMANTLERS, REBUILDERS,
AND SALVAGE DEALERS "MAJOR COMPONENT PART
REDEFINED; OUT-OF-STATE BUYERS CARDS.
Code Section 43-48-2 Amended.
Code Section 43-48-17.1 Repealed.
No. 1398 (House Bill No. 1610).
AN ACT
To amend Chapter 48 of Title 43 of the Official Code of Geor-
gia Annotated, known as "The Used Motor Vehicle Dismantlers,
Rebuilders, and Salvage Dealers Registration Act, so as to
change the provisions relating to certain definitions; to repeal
the provision relating to out-of-state buyers cards; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 48 of Title 43 of the Official Code of
Georgia Annotated, known as "The Used Motor Vehicle Dis-
mantlers, Rebuilders, and Salvage Dealers Registration Act,
is amended by striking in its entirety paragraph (6) of Code
Section 43-48-2, relating to definitions, and inserting in lieu
thereof a new paragraph (6) to read as follows:
"(6) 'Major component part means one of the subassem-
blies of a motor vehicle as defined in paragraph (10) of Code
Section 40-3-2.
Section 2. Said chapter is further amended by striking
in its entirety Code Section 43-48-17.1, relating to an out-of-
state buyers card, which reads as follows:
"43-48-17.1. Any salvage dealer from another state who
wishes to purchase salvage motor vehicles, major component
parts, or parts may, upon presentation of another state,
county, or municipal license, be issued at the discretion of
the board an out-of-state buyers card, provided that the
466
GENERAL ACTS AND RESOLUTIONS, VOL. I
dealer meets all other requirements as the board may estab-
lish by rule. All persons licensed under this Code section,
when selling to out-of-state buyers, may sell salvage motor
vehicles, major component parts, or parts only to those out-
of-state buyers who hold an out-of-state buyers card issued
by the board.,
and inserting in lieu thereof a new Code Section 43-48-17.1 to
read as follows:
"43-48-17.1. Reserved.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
HOUSE OF REPRESENTATIVES DISTRICTS NO. 28 AND
34; REAPPORTIONMENT.
Code Section 28-2-1 Amended.
No. 1399 (House Bill No. 181).
AN ACT
To amend Code Section 28-2-1, relating to apportionment
of the House of Representatives and qualifications of its mem-
bers, so as to change the composition of certain state representa-
tive districts; to provide for all related matters; to provide for
an effective date and applicability; to repeal conflicting laws;
and for other purposes.
GEORGIA LAWS 1986 SESSION
467
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 mem-
bers, is amended by striking from subsection (a) the descriptions
of Representative Districts No. 28 and 34 and inserting in lieu
thereof the following new descriptions of said districts:
"District No. 28-1 Representative
Fulton
Tract 76.02
Blocks 306 and 309
Tracts 77.01 and 77.02
Tract 80
Blocks 401, 402, and 404 through 410
Blocks 501 through 509
Tract 103
Block Group 1
Blocks 211, 212, 214, 311 through
314, 316 through 321, and 323
Block Groups 4 through 8
Tract 105.05
Block Groups 1 and 9
Tract 113.02
Blocks 312, 401 through 405, 415,
420 through 438, and 501
"District No. 34 - 1 Representative
Fulton
Tracts 60 through 62, 66.01, 66.02,
and 76.01
Tract 76.02
Block Groups 1 and 2
Blocks 301 through 304, 308, 310,
and 311
Tract 80
Block Groups 1, 2, and 3
Block 403
Block 510
Block Group 6
Tract 81.01
468
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval and shall apply to all elections for members of the
House of Representatives held on or after its effective date.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
CIGARS EXCISE TAX RATE.
Code Section 48-11-2 Amended.
No. 1400 (House Bill No. 775).
AN ACT
To amend Code Section 48-11-2 of the Official Code of Georgia
Annotated, relating to excise taxation of cigars and cigarettes,
so as to change the rate of taxation imposed on cigars; to provide
for related matters; to provide for an effective date and for appli-
cability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 48-11-2 of the Official Code of Geor-
gia Annotated, relating to excise taxation of cigars and ciga-
rettes, is amended by striking subsection (a) and inserting in
its place a new subsection to read as follows:
"(a) An excise tax, in addition to all other taxes of every
kind imposed by law, is imposed upon the sale, receipt, pur-
chase, possession, consumption, handling, distribution, or
use of cigars and cigarettes in this state at the following
rates:
GEORGIA LAWS 1986 SESSION
469
(1) Little cigars weighing not more than three
pounds per thousand: two mills each;
(2) All other cigars: 13 percent of the wholesale cost
price, exclusive of any trade, cash, or other discounts
or any promotion, advertising, display, or similar allow-
ances;
(3) Cigarettes: 12 per pack of 20 cigarettes and a
like rate, pro rata, for other size packages.
Section 2. This Act shall become effective July 1, 1986,
and shall apply to taxable events and transactions occurring
on or after that date.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
STATE MERIT SYSTEM OF PERSONNEL
ADMINISTRATION "INTERDEPARTMENTAL
TRANSFER, "WORKING TEST, AND "WORKING TEST
EMPLOYEE; DEFINITIONS.
Code Section 45-20-2 Amended.
No. 1401 (House Bill No. 788).
AN ACT
To amend Code Section 45-20-2 of the Official Code of Georgia
Annotated, relating to definitions in connection with employ-
ment by the State of Georgia, so as to change certain definitions;
to define the term "interdepartmental transfer; to repeal con-
flicting laws; and for other purposes.
470
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 45-20-2 of the Official Code of Geor-
gia Annotated, relating to definitions in connection with employ-
ment by the State of Georgia, is amended by adding between
paragraphs (8) and (9) a new paragraph (8.1) to read as follows:
"(8.1) 'Interdepartmental transfer means a transfer
from a classified position in one department to a classified
position in the same or a comparable class in another depart-
ment. For the purpose of this paragraph, a comparable class
is any other class on the same pay grade.
Section 2. Said Code section is further amended by striking
paragraphs (16) and (17) in their entirety and substituting in
lieu thereof new paragraphs (16) and (17) to read as follows:
"(16) 'Working test or 'working test period means a pro-
bationary period of employment in a class of covered posi-
tions during which the employee must demonstrate to the
satisfaction of the appointing authority that he has the
knowledge, ability, aptitude, and other necessary qualities
to perform satisfactorily the duties of the position in which
employed. The working test period shall apply to each ap-
pointment, reappointment, promotion, and interdepartmen-
tal transfer. The commissioner may fix the length of the
working test period for any class at not less than three
months nor more than 12 months exclusive of any time in
nonpay status or an unclassified position.
(17) 'Working test employee or 'employee on working
test means a covered employee serving a working test period
in the class of positions in which he is employed; provided,
however, that an employee serving a working test period
following a promotion in the same department from a lower
class in which he held permanent status shall retain perma-
nent status rights in the lower class until he attains perma-
nent status in the class to which he has been promoted.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
471
MOTOR VEHICLE SIZE AND WEIGHT LIMITS VEHICLES
TRANSPORTING HAY BALES.
Code Section 32-6-28 Amended.
No. 1402 (House Bill No. 1066).
AN ACT
To amend Code Section 32-6-28 of the Official Code of Georgia
Annotated, relating to permits for operation of motor vehicles
which exceed size and weight limitations, so as to provide that
such permits may be issued for certain vehicles transporting
hay bales; to provide for permit fees; to provide for related mat-
ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 32-6-28 of the Official Code of Geor-
gia Annotated, relating to permits for operation of motor vehi-
cles which exceed size and weight limitations, is amended by
striking paragraph (1) of subsection (a) and inserting in its place
a new paragraph to read as follows:
"(1) The commissioner or an official of the department
designated by the commissioner may, in his discretion, upon
application in writing and good cause being shown therefor,
issue a permit in writing authorizing the applicant to operate
or move upon the states public roads a motor vehicle or
combination of vehicles and loads whose weight, width,
length, or height, or combination thereof, exceeds the maxi-
mum limit specified by law, provided that the load trans-
ported by such vehicle or vehicles is of such nature that it
is a unit which cannot be readily dismantled or separated;
and provided, further, that no permit shall be issued to any
vehicle whose operation upon the public roads of this state
threatens to unduly damage a road or any appurtenance
thereto, except that the dismantling limitation specified in
this Code section shall not apply to loads which consist of
cotton, tobacco, concrete pipe, and plywood that do not ex-
ceed a width of nine feet or of round bales of hay that do
472
GENERAL ACTS AND RESOLUTIONS, VOL. I
not exceed a width of 11 feet and which are not moved on
part of the National System of Interstate and Defense High-
ways. However, vehicles transporting portable buildings on
roads not a part of the National System of Interstate and
Defense Highways, regardless of whether the nature of such
buildings is such that they can be readily dismantled or
separated, may exceed the lengths and widths established
in this article, provided that a special permit for such pur-
poses has been issued as provided in this Code section, but
no such special permit shall be issued for a load exceeding
12 feet in width.
Section 2. Said Code section is further amended by adding
at the end of paragraph (1) of subsection (c) a new subparagraph
(H) to read as follows:
"(H) For loads of round hay bales which do not
exceed 11 feet wide................... 100.00
Provided that the annual permit shall specify the
route or routes upon which such loads may be oper-
ated.
Section 3. Said Code section is further amended by adding
to paragraph (3) of subsection (c), immediately following subpar-
agraph (D) of said paragraph (3) and immediately before the
undesignated language at the end of said paragraph (3), a new
subparagraph (E) to read as follows:
"(E) Loads of round hay bales which do not
exceed 11 feet wide................... 10.00
Section 4. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
473
PSYCHOLOGISTS STATE BOARD OF EXAMINERS OF
PSYCHOLOGISTS; NAME CHANGE; REPORTS;
EXAMINATIONS; LICENSES; DISCIPLINE.
Code Title 43, Chapter 39 Amended.
No. 1403 (House Bill No. 1176).
AN ACT
To amend Chapter 39 of Title 43 of the Official Code of Geor-
gia Annotated, relating to the practice of applied psychology,
so as to reenact that chapter so as to delete certain references
using the term "applied and delete certain pronouns; to delete
provisions regarding initial terms of members of the State Board
of Examiners of Psychologists; to delete certain reporting re-
quirements by that board; to change certain provisions regard-
ing examinations; to change certain licensing requirements; to
change certain requirements regarding persons licensed in other
states; to delete certain requirements for recording, indexing,
reporting, and registering licenses and fees relating thereto;
to change the authority of the board regarding certain discipli-
nary sanctions; to require the revocation of temporary licenses
under certain conditions; to provide for the continuation of the
board but provide for the later termination of that board and
the repeal of the laws relating thereto; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 39 of Title 43 of the Official Code of
Georgia Annotated, relating to the practice of applied psychol-
ogy, is amended by striking that chapter in its entirety and
inserting in its place a new chapter to read as follows:
"CHAPTER 39
43-49-1. As used in this chapter, the term:
(1) 'Board means the State Board of Examiners of
Psychologists.
474
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) 'To practice psychology means to hold oneself
out to be a psychologist and to render or offer to render
to individuals, groups, organizations, or the public for
a fee or any remuneration, monetary or otherwise, any
service involving the application of recognized principles,
methods, and procedures of the science and profession
of psychology, such as, but not limited to, diagnosing
and treating mental and nervous disorders, interviewing,
administering, and interpreting tests of mental abilities,
aptitudes, interest, and personality characteristics for
such purposes as psychological classification or evalua-
tion, or for education or vocational placement, or for such
purposes as psychological counseling, guidance, or read-
justment. Nothing in this paragraph shall be construed
as permitting the administration or prescription of drugs
or in any way infringing upon the practice of medicine
as defined in the laws of this state.
43-39-2. There is created a State Board of Examiners
of Psychologists, to consist of six members who shall be ap-
pointed by the Governor under conditions set forth in this
chapter. No member of the board shall be liable to civil
action for any act performed in good faith in the performance
of that members duties as prescribed by law.
43-39-3. (a) The Governor shall appoint members to
serve on the board so that the board shall at all times be
composed of five members who are persons licensed as psy-
chologists under this chapter and one consumer member
who is not licensed as a psychologist under this chapter and
who has no connection whatsoever with the practice or pro-
fession of psychology.
(b) All six members of the board shall serve for terms
of five years and until their successors are appointed and
qualified. Vacancies on the board shall be filled by the Gover-
nor for the unexpired term in the same manner as the origi-
nal appointment, and members shall serve until their succes-
sors are appointed and qualified. Any board member may
be removed after notice and hearing for incompetence, ne-
glect of duty, malfeasance in office, or commission of a crime
involving moral turpitude.
43-39-4. Immediately and before entering upon the du-
ties of their office, the members of the board shall take the
GEORGIA LAWS 1986 SESSION
475
constitutional oath of office and shall file the same in the
office of the Governor who, upon receiving said oath of office,
shall issue to each member a certificate of appointment.
43-39-5. (a) The board shall elect annually a president
and a vice-president. The board shall operate under the
terms of Chapter 1 of this title, providing for a joint-secretary
for the several state examining boards; and the joint-secre-
tary shall serve the board as provided by law.
(b) The board shall hold at least one regular meeting
each year. Called meetings may be held at the discretion
of the president or at the written request of any two members
of the board.
(c) The board shall adopt a seal, which must be affixed
to all licenses issued by the board.
(d) The board shall from time to time adopt such rules
and regulations as it may deem necessary for the perfor-
mance of its duties and shall provide for examinations and
pass upon the qualifications of the applicants for the practice
of psychology.
(e) Each member of the board shall be reimbursed as
provided for in subsection (f) of Code Section 43-1-2.
43-39-6. The board shall have authority to administer
oaths, to summon witnesses, and to take testimony in all
matters relating to its duties. The board shall issue licenses
to practice psychology to all persons who shall present satis-
factory evidence of attainments and qualifications under this
chapter and the rules and regulations of the board. Such
licenses shall be attested by the joint-secretary under the
boards adopted seal, and it shall give absolute authority
to the person to whom it is issued to practice psychology
in this state. It shall be the duty of the joint-secretary, under
the direction of the board, to aid the prosecuting attorneys
in the enforcement of this chapter and the prosecution of
all persons charged with the violation of its provisions.
43-39-7. If any person shall hold himself or herself out
to the public as being engaged in the practice of psychology
476
GENERAL ACTS AND RESOLUTIONS, VOL. I
and shall not then possess in full force and virtue a valid
license to practice psychology under the laws of this state,
that person shall be deemed to be practicing psychology with-
out complying with this chapter and in violation thereof.
Nothing in this chapter shall be construed to limit the activi-
ties and services of a person in the employ of or serving
for an established and recognized religious organization or
an established and recognized social welfare agency, or the
use of psychological techniques by organizations engaged
in business, commerce, or industry or by persons within their
salaried employ, provided that the title 'psychologist is not
used by a person not licensed and that the professional prac-
tice of psychology is not implied by a person not licensed
under this chapter. Persons employed in federal, state,
county, or municipal agencies or in chartered educational
institutions or who are students in training in chartered
educational institutions are exempted when practicing in
their agencies or institutions, as are technicians, assistants,
or interns working under the supervision of licensed psychol-
ogists.
43-39-8. (a) Any person wishing to practice psychology
in this state shall make application to the board through
the joint-secretary upon such form and in such manner as
shall be adopted and prescribed by the board and obtain
from the board a license so to do. Unless such a person has
obtained such a license it shall be unlawful for that person
to practice; and if that person shall practice psychology with-
out first having obtained such a license, that person shall
be deemed to have violated this chapter.
(b) A candidate for such license shall furnish the board
with satisfactory evidence that the candidate:
(1) Is of good moral character;
(2) Has received a degree of doctor of philosophy
in psychology from an accredited educational institution
recognized by the board as maintaining satisfactory stan-
dards or, in lieu of said degree, a doctorate degree in a
closely allied field, if it is the opinion of the board that
GEORGIA LAWS 1986 SESSION
477
the training required therefor is substantially simi-
lar;
(3) Has had at least one year of experience in psy-
chology of a type considered by the board to be qualifying
in nature;
(4) Is competent in psychology, as shown by passing
such examinations, written or oral, or both, as the board
deems necessary; and
(5) Has not within the preceding six months failed
an examination given by the board.
The board may at its discretion accept satisfactory substitute
training and experience in lieu of that prescribed in para-
graphs (2) and (3) of this subsection.
43-39-9. Examination of applicants for a license to prac-
tice psychology shall be made by the board at least once a
year according to methods and in such subject fields as may
be deemed by the board to be the most practical and expedi-
tious to test the applicants qualifications. The board shall
require the examination to be written or oral, or both, pro-
vided that in any written examination such applicant shall
be designated by a number instead of the applicants name
so that the applicants identity shall not be disclosed to the
members of the board until the examination papers have
been graded. Any unsuccessful candidate may, within 14
days of notice of failure and upon written request to the
board, appeal to the board for review of the examination
paper.
43-39-10. The board may grant a license without a writ-
ten examination to any person who at the time of application
is licensed by a similar board of another state whose stan-
dards, in the opinion of the board, are not lower than those
required by this chapter.
43-39-11. Reserved.
43-39-12. Licenses issued by the board shall be renew-
able biennially.
478 GENERAL ACTS AND RESOLUTIONS, VOL. I
43-39-13. (a) The board shall have the authority to re-
fuse to grant or renew a license to an applicant therefor
or to suspend or revoke a license issued by the board or to
discipline a person licensed by the board based upon any
of the following: the employment of fraud or deception in
applying for a license or in passing the examination provided
for in this chapter; conviction of felony; the practice of psy-
chology under a false or assumed name or the impersonation
of another practitioner of a like or different name; habitual
intemperance in the use of alcoholic beverages, narcotics,
or stimulants to such an extent as to incapacitate one in
the performance of ones duties; negligence or wrongful ac-
tions in the performance of ones duties; or for any violation
of subsection (a) of Code Section 43-1-19. Any license revoked
by the board shall be subject to reinstatement at the discre-
tion of the board.
(b) The board may not suspend or revoke or refuse to
renew any license for cause nor refuse to issue a license
for lack of good moral character unless the person accused
has been afforded an opportunity for a hearing by the board
before either the board or its hearing officer. The hearing
shall be held in accordance with Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act, and the board
or its hearing officer shall have all the powers and authority
granted to tribunals and their hearing officers under said
chapter.
(c) The action of the board in granting or refusing to
grant or renew a license under this chapter, or in revoking
or suspending or refusing to revoke or suspend such a license
may be appealed in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act, to the supe-
rior court in the county where the joint-secretary maintains
his offices, provided that, if the findings of the board are
supported by any evidence, then such findings shall be ac-
cepted by the court.
43-39-14. The joint-secretary in his discretion may, with
the approval of the board, issue a temporary license to an
applicant for a permanent license. Such license shall have
the same force and effect as a permanent license but shall
GEORGIA LAWS 1986 SESSION
479
expire 12 months from the date of its issuance and shall
not be renewable. Upon a finding by the board that the appli-
cant has failed either the written or oral examination,
whichever comes first, the board shall revoke such tempo-
rary license.
43-39-15. The board is authorized to establish require-
ments of continuing education as a condition for the renewal
of licensure of psychologists; however, rules and regulations
concerning accreditation of continuing education programs
and other educational experience and the assignment of
credit for participation therein must be promulgated by the
board at least one year prior to implementation of continuing
education requirements for renewal of licensure.
43-39-16. The confidential relations and communica-
tions between a licensed psychologist and client are placed
upon the same basis as those provided by law between attor-
ney and client; and nothing in this chapter shall be construed
to require any such privileged communication to be dis-
closed.
43-39-17. No person shall use the title 'Licensed Psy-
chologist in this state without a license granted by the board
and signed by the board president. No person not licensed
as provided in this chapter shall designate that person or
that persons occupation by the words 'Licensed Psycholo-
gist, nor shall such person designate that person by any
other term or title which implies that such person is practic-
ing professional psychology unless that person has a valid
license.
43-39-18. The board is authorized to bring an action
to enjoin any person, firm, or corporation who, without being
licensed to practice psychology by the board, engages in the
practice of psychology as regulated by this chapter. The pro-
ceeding shall be filed in the county in which such person
resides or in the county where the firm or corporation main-
tains a principal office. If it shall be made to appear that
such person, firm, or corporation is practicing psychology
without a license, the injunction shall be issued and such
480
GENERAL ACTS AND RESOLUTIONS, VOL. I
person, firm, or corporation shall be permanently enjoined
from practicing psychology throughout the state. It shall
not be necessary, in order to obtain the equitable relief de-
scribed in this Code section, for the board to allege and prove
there is no adequate remedy at law. It is declared that such
unlicensed activities are a menace and a nuisance and are
dangerous to public health, safety, and welfare.
43-39-19. Any person who violates this chapter shall
be guilty of a misdemeanor and, upon conviction thereof,
shall be fined no less than $100.00 nor more than $500.00
for such violation.
43-39-20. For the purposes of Chapter 2 of this title,
'The Act Providing for the Review, Continuation, Reestab-
lishment, or Termination of Regulatory Agencies, the State
Board of Examiners of Psychologists shall be terminated
on July 1,1992, and this chapter and any other laws relating
to such board shall be repealed in their entirety effective
on the date specified in Code Section 43-2-8.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
481
LICENSES TO CARRY PISTOLS RESIDENCY
REQUIREMENTS.
Code Section 16-11-129 Amended.
No. 1404 (House Bill No. 1226).
AN ACT
To amend Code Section 16-11-129 of the Official Code of Geor-
gia Annotated, relating to licenses to carry a pistol or revolver,
so as to change certain provisions regarding the residency re-
quirements for applicants for issuance or renewal of that license;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 16-11-129 of the Official Code of
Georgia Annotated, relating to licenses to carry a pistol or re-
volver, is amended by striking subsection (a) thereof, and insert-
ing in its place the following:
"(a) The judge of the probate court of each county may,
on application under oath and on payment of a fee of $15.00,
issue a license valid for a period of five years to any person
who is a resident of that county at the time of such applica-
tion, which license shall authorize that person to carry any
pistol or revolver in any county of this state notwithstanding
any change in that persons county of residence. Applicants
shall submit the application for a license to the judge of
the probate court on forms prescribed and furnished free
of charge to persons wishing to apply for the license. Forms
shall be designed to elicit information from the applicant
pertinent to his eligibility under this Code section but shall
not require nonpertinent or irrelevant data such as serial
numbers or other identification capable of being used as a
de facto registration of firearms owned by the applicant.
The Department of Public Safety shall furnish application
forms and license forms required by this Code section. The
482
GENERAL ACTS AND RESOLUTIONS, VOL. I
forms shall be furnished to each judge of each probate court
within the state at no cost.
Section 2. That Code section is further amended by strik-
ing paragraph (3) of subsection (c) thereof and inserting in its
place the following:
"(3) Applications for renewal of licenses issued under
this Code section shall be made to the judge of the probate
court of the county in which the applicant resides at the
time of making the renewal application. In the case of an
applicant for a renewal of a license, the judge of the probate
court may, in his discretion, direct that the local county
law enforcement agency request a search of the criminal
history file and wanted persons file of the Georgia Crime
Information Center by computer access from that county
in lieu of transmitting the application and forms.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
SHIPS PILOTS DIRECTIONS FOR MOORING; DOCKING
OF SHIPS.
Code Section 52-6-45 Amended.
No. 1405 (House Bill No. 1242).
AN ACT
To amend Code Section 52-6-45 of the Official Code of Georgia
Annotated, relating to pilotage fees, generally, so as to eliminate
certain requirements placed on a pilot to give directions for
GEORGIA LAWS 1986 SESSION
483
moorings and to dock ships; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 52-6-45 of the Official Code of Geor-
gia Annotated, relating to pilotage fees, generally, is amended
by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 52-6-45 to read as follows:
"52-6-45. Any vessel which is not exempt under the laws
of the United States or this chapter from the payment of
pilotage fees, to which the services of a pilot are tendered,
or any vessel which accepts the services of a pilot shall be
liable to the pilot whose services are tendered or accepted,
as the case may be, for the payment of the full inward and
outward pilotage fees fixed by the commissioners. Any such
vessel which calls at the bar of any of the ports or rivers
named in Code Sections 52-6-4 and 52-6-31 in ballast seeking
for orders and which does not load but leaves in ballast or
which, having loaded at any of such ports or rivers, returns
thereto because of stress of weather or because it is damaged
or disabled, without completing the voyage, and any such
vessel which shall touch off the bar of any of such ports or
rivers for instructions shall be liable to the pilot who delivers
letters, orders, or instructions to her, or to the pilot whose
services she accepts, for one-half the inward and outward
pilotage fees fixed by the commissioners.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
484
GENERAL ACTS AND RESOLUTIONS, VOL. I
RESISTING, OBSTRUCTING, OR OPPOSING A LAW
ENFORCEMENT OFFICER, PRISON GUARD,
CORRECTIONAL OFFICER, PROBATION SUPERVISOR,
PAROLE SUPERVISOR, OR CONSERVATION RANGER.
Code Section 16-10-24 Amended.
No. 1406 (House Bill No. 1320).
AN ACT
To amend Article 2 of Chapter 10 of Title 16 of the Official
Code of Georgia Annotated, relating to obstruction of public
administration and related offenses, so as to provide that who-
ever knowingly and willfully resists, obstructs, or opposes any
law enforcement officer, prison guard, correctional officer, proba-
tion supervisor, parole supervisor, or conservation ranger in
the lawful discharge of his official duties by offering or doing
violence to the person of such officer or legally authorized person
is guilty of a felony; to provide a penalty; 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 16 of the Official
Code of Georgia Annotated, relating to obstruction of public
administration and related offenses, is amended by striking Code
Section 16-10-24 in its entirety and inserting in lieu thereof a
new Code Section 16-10-24 to read as follows:
"16-10-24. (a) Except as otherwise provided in subsec-
tion (b) of this Code section, a person who knowingly and
willfully obstructs or hinders any law enforcement officer
in the lawful discharge of his official duties is guilty of a
misdemeanor.
(b) Whoever knowingly and willfully resists, obstructs,
or opposes any law enforcement officer, prison guard, correc-
tional officer, probation supervisor, parole supervisor, or con-
servation ranger in the lawful discharge of his official duties
by offering or doing violence to the person of such officer
GEORGIA LAWS 1986 SESSION
485
or legally authorized person is guilty of a felony and shall,
upon conviction thereof, be punished by imprisonment for
not less than one nor more than five years.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
TAXIDERMISTS MOUNTING AND SALE OF LEGALLY
TAKEN FURBEARERS, DEER, AND SQUIRREL.
Code Section 27-2-9 Amended.
No. 1407 (House Bill No. 1326).
AN ACT
To amend Code Section 27-2-9, relating to taxidermist li-
censes and unlawful acts and omissions by taxidermists, so as
to provide that the prior written permission of the commissioner
is not necessary for a taxidermist to mount and sell legally
taken furbearers, deer, and squirrel, or parts thereof; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 27-2-9, relating to taxidermist li-
censes and unlawful acts and omissions by taxidermists, is
amended by striking in its entirety subsection (d) and inserting
in lieu thereof a new subsection (d) to read as follows:
"(d) It shall be unlawful for a taxidermist to sell any
wildlife or part thereof without the prior written permis-
sion of the commissioner or his designee; provided, however,
486
GENERAL ACTS AND RESOLUTIONS, VOL. I
that it shall not be unlawful for a taxidermist to mount
and sell legally taken furbearers, deer, and squirrel, or parts
thereof.
Section 2. Said Code section is further amended by striking
in its entirety subsection (h).
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
MEDICAID MODIFICATIONS OF STATE PLAN; NURSING
HOMES; RATES.
Code Section 49-4-142 Amended.
No. 1408 (House Bill No. 1330).
AN ACT
To amend Code Section 49-4-142 of the Official Code of Geor-
gia Annotated, relating to the creation of the Department of
Medical Assistance and adoption and modification of the state
plan, so as to provide that a modification to the plan shall be
effective unless and until federal authorities rule that such modi-
fication is out of compliance with federal regulations; to provide
that semiprivate accommodations are to be furnished by certain
providers of nursing home services as the obligation to recipients
of medical assistance; to provide that a modification shall limit
a skilled care or intermediate care facilitys rooms to be used
for Medicaid receipients under certain circumstances; to provide
GEORGIA LAWS 1986 SESSION
487
for calculation of a private room differential payment over the
cost of a semiprivate room; 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 49-4-142 of the Official Code of
Georgia Annotated, relating to the creation of the Department
of Medical Assistance and adoption and modification of the state
plan, is amended by striking in its entirety subsection (b) and
inserting in its place a new subsection (b) to read as follows:
"(b) The department shall, not later than June 1, 1986,
implement a modification of the state plan for medical assis-
tance or any affected rules or regulations of the department,
which modification will allow supplementation by relatives
or other persons for a private room or private sitter or both
for a recipient of medical assistance in a nursing home. The
Department of Human Resources shall likewise modify any
affected rules and regulations of the Department of Human
Resources. The modification to the plan or to any affected
rules and regulations shall be effective unless and until fed-
eral authorities rule that such modification is out of compli-
ance with federal regulations. Such modification of the state
plan for medical assistance or rules and regulations:
(1) Shall provide that a provider of nursing home
services in either a skilled care facility or an intermediate
care facility shall be obligated to provide a recipient of
medical assistance only semiprivate accommodations
which meet the other requirements of appropriate regu-
lations;
(2) Shall provide that at no time can more than 10
percent of a skilled care or intermediate care facilitys
rooms be used for Medicaid recipients for whom a private
room supplementation has been made;
(3) Shall provide that payments made by relatives
or other persons to a provider of medical assistance for
the specific stated purpose of paying the additional costs
for a private room or private sitter or both for a recipient
488
GENERAL ACTS AND RESOLUTIONS, VOL. I
of medical assistance in a skilled care facility or interme-
diate care facility shall not be considered as income when
determining the amount of patient liability toward ven-
dor payments; provided, however, that the departments
entitlement to payments made by legally liable third par-
ties shall not be diminished by this modification of the
state plan;
(4) Shall provide that no provider of medical assis-
tance shall discriminate against a recipient of medical
assistance who does not have a relative or other person
who is willing and able to provide supplementation; but
the provision of a private room or private sitter to a
recipient when supplementation is provided shall not
constitute discrimination against other recipients;
(5) Shall provide that no recipient who is trans-
ferred to or admitted to a private room because of a short-
age of beds in semiprivate rooms shall be discharged be-
cause the recipient does not have a relative or other per-
son who is willing and able to provide supplementation;
and
(6) May provide that the rate charged by the provi-
der of medical assistance to the relative or other person
providing supplementation for a private room for a recip-
ient shall not exceed the difference between the maxi-
mum rate charged by the provider for a private room
to or for a private pay patient and the amount which
the provider receives or will receive from the department
as reimbursement for otherwise providing for the recipi-
ents care in a semiprivate room.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
489
HOSPITAL AUTHORITIES AUDITS; FILING.
Code Section 31-7-92 Amended.
No. 1409 (House Bill No. 1355).
AN ACT
To amend Article 4 of Chapter 7 of Title 31 of the Official
Code of Georgia Annotated, relating to county and municipal
hospital authorities, so as to change certain filing requirements
for audits of authorities; 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 7 of Title 31 of the Official
Code of Georgia Annotated, relating to county and municipal
hospital authorities, is amended by striking in its entirety Code
Section 31-7-92, relating to the filing of hospital authority audits,
and inserting in its place a new Code Section 31-7-92 to read
as follows:
"31-7-92. All final audits provided for in Code Section
31-7-91 shall be reproduced in sufficient number and copies
of the audit shall be filed with the clerk of the superior
court in the county where any hospital is operated by a
hospital authority and in the office of the clerk of the superior
court of any county that is a participating unit of the author-
ity. In the event any hospital is operated by a municipal
hospital authority, the audit required herein to be filed with
the office of the clerk of the superior court shall be filed in
the office of city clerk, clerk of council, clerk of the board
of aldermen, or clerk of the governing body of the municipal-
ity, in lieu of being filed with the clerk of the superior court.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
490
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARRESTS USE OF FORCE IN MAKING ARRESTS OR
PREVENTING ESCAPES.
Code Section 17-4-20 Amended.
No. 1410 (House Bill No. 1363).
AN ACT
To amend Article 2 of Chapter 4 of Title 17 of the Official
Code of Georgia Annotated, relating to arrests by law enforce-
ment officers generally, so as to provide limitations on the use
of force in arresting felony suspects; to provide for use of force
in preventing escapes and apprehending escapees; 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 4 of Title 17 of the Official
Code of Georgia Annotated, relating to arrests by law enforce-
ment officers generally, is amended by striking Code Section
17-4-20, relating to arrests in general, and inserting in lieu
thereof a new Code Section 17-4-20 to read as follows:
"17-4-20. (a) An arrest for a crime may be made by
a law enforcement officer either under a warrant or without
a warrant if the offense is committed in his presence or
within his immediate knowledge, if the offender is endeavor-
ing to escape, if the officer has probable cause to believe
that an act of family violence, as defined in Code Section
19-13-1, has been committed, or for other cause if there is
likely to be failure of justice for want of a judicial officer
to issue a warrant.
(b) Sheriffs and peace officers who are appointed or em-
ployed in conformity with Chapter 8 of Title 35 may use
deadly force to apprehend a suspected felon only when the
officer reasonably believes that the suspect possesses a deadly
weapon or any object, device, or instrument which, when
GEORGIA LAWS 1986 SESSION
491
used offensively against a person, is likely to or actually
does result in serious bodily injury; when the officer reason-
ably believes that the suspect poses an immediate threat
of physical violence to the officer or others; or when there
is probable cause to believe that the suspect has committed
a crime involving the infliction or threatened infliction of
serious physical harm. Nothing in this Code section shall
be construed so as to restrict such sheriffs or peace officers
from the use of such reasonable nondeadly force as may
be necessary to apprehend and arrest a suspected felon or
misdemeanant.
(c) Nothing in this Code section shall be construed so
as to restrict the use of deadly force by employees of state
and county correctional institutions, jails, and other places
of lawful confinement when reasonably necessary to prevent
escapes or apprehend escapees from such institutions.
(d) No law enforcement agency of this state or of any
political subdivision of this state shall adopt or promulgate
any rule, regulation, or policy which prohibits a peace officer
from using that degree of force to apprehend a suspected
felon which is allowed by the statutory and case law of this
state.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
492
GENERAL ACTS AND RESOLUTIONS, VOL. I
PENAL INSTITUTIONS EFFECTIVE DATE OF TOLLING
OF A SENTENCE WHEN THE RUNNING OF A PROBATED
SENTENCE IS SUSPENDED.
Code Section 42-8-36 Amended.
No. 1411 (House Bill No. 1369).
AN ACT
To amend Code Section 42-8-36 of the Official Code of Georgia
Annotated, relating to the duty of a probationer to inform his
probation supervisor of his residence and whereabouts, so as
to change the effective date of the tolling of the sentence when
the running of the probated sentence is suspended; to repeal
certain provisions relating to revocation of probation without
notice to the probationer; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 42-8-36 of the Official Code of Geor-
gia Annotated, relating to the duty of a probationer to inform
his probation supervisor of his residence and whereabouts, is
amended by striking subsection (a) in its entirety and inserting
in lieu thereof a new subsection (a) to read as follows:
"(a) Any other provision of this article to the contrary
notwithstanding, it shall be the duty of a probationer, as a
condition of probation, to keep his probation supervisor in-
formed as to his residence. Upon the recommendation of
the probation supervisor, the court may also require, as a
condition of probation and under such terms as the court
deems advisable, that the probationer keep the probation
supervisor informed as to his whereabouts. The failure of
a probationer to report to his probation supervisor as di-
rected or a return of non est inventus or other return to a
warrant, for the violation of the terms and conditions of
probation, that the probationer cannot be found in the
county that appears from the records of the probation super-
visor to be the probationers county of residence shall auto-
GEORGIA LAWS 1986 SESSION
493
matically suspend the running of the probated sentence until
the probationer shall personally report to the probation su-
pervisor or report as otherwise directed; and such period
of time shall not be included in computing creditable time
served on probation nor as any part of the time that the
probationer was sentenced to serve. The effective date of
the tolling of the sentence shall be the date that the sheriff
returns the warrant showing non est inventus.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
PENAL INSTITUTIONS EMERGENCY MEDICAL COSTS
IN LIFE-THREATENING SITUATIONS; STATE INMATES
HOUSED IN COUNTY INSTITUTIONS.
Code Section 42-5-2 Amended.
No. 1412 (House Bill No. 1370).
AN ACT
To amend Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to correctional institutions of the state and
counties, so as to provide for payment of emergency medical
costs in life-threatening situations, above a specified minimum
amount, by the Georgia Department of Corrections with respect
to state inmates housed in county institutions; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
494
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 5 of Title 42 of the Official Code of
Georgia Annotated, relating to correctional institutions of the
state and counties, is amended by striking Code Section 42-5-2
in its entirety and inserting in lieu thereof a new Code Section
42-5-2 to read as follows:
"42-5-2. It shall be the responsibility of the governmen-
tal unit, subdivision, or agency having the physical custody
of an inmate to maintain the inmate, furnishing him food,
clothing, and any needed medical and hospital attention;
to defend any habeas corpus or other proceedings instituted
by or on behalf of the inmate; and to bear all expenses rela-
tive to any escape and recapture, including the expenses
of extradition. It shall be the responsibility of the department
to bear the costs of any reasonable and necessary emergency
medical and hospital care which is provided to any inmate
after the receipt by the department of the notice provided
by subsection (a) of Code Section 42-5-50 who is in the physi-
cal custody of any other political subdivision or governmen-
tal agency of this state, except a county correctional institu-
tion, if the inmate is available and eligible for the transfer
of his custody to the department pursuant to Code Section
42-5-50. The department shall also bear the costs of any
reasonable and necessary follow-up medical or hospital care
rendered to any such inmate as a result of the initial emer-
gency care and treatment of the inmate. With respect to
state inmates housed in county correctional institutions, the
department shall bear the costs of direct medical services
required for emergency medical conditions posing an imme-
diate threat to life or limb if the inmate cannot be placed
in a state institution for the receipt of this care. The responsi-
bility for payment will commence when the costs for direct
medical services exceed an amount specified by rules and
regulations of the Board of Corrections. The department will
pay only the balance in excess of the specified amount. It
shall remain the responsibility of the governmental unit
having the physical custody of an inmate to bear the costs
of such medical and hospital care, if the custody of the in-
mate has been transferred from the department pursuant
to any order of any court within this state. The department
shall have the authority to promulgate rules and regulations
relative to payment of such medical and hospital costs by
the department.
GEORGIA LAWS 1986 SESSION
495
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
COUNTY TAX RECEIVERS, TAX COLLECTORS, AND TAX
COMMISSIONERS QUALIFICATIONS.
Code Section 48-5-210 Amended.
No. 1413 (House Bill No. 1378).
AN ACT
To amend paragraph (1) of subsection (b) of Code Section
48-5-210 of the Official Code of Georgia Annotated, relating to
the election and qualifications for office of county tax receivers,
tax collectors, and tax commissioners, so as to provide that per-
sons holding any such office as of April 1, 1986, shall not be
required to possess certain qualifications; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Paragraph (1) of subsection (b) of Code Section
48-5-210 of the Official Code of Georgia Annotated, relating to
the election and qualifications for office of county tax receivers,
tax collectors, and tax commissioners, is amended by striking
in its entirety subparagraph (E) and inserting in its place a
new subparagraph (E) to read as follows:
"(E) Has obtained a high school diploma or its recog-
nized equivalent, but this subparagraph shall not apply to
496
GENERAL ACTS AND RESOLUTIONS, VOL. I
any person who was holding the office of tax receiver, tax
collector, or tax commissioner on April 1, 1986; and.
Section 2. This Act shall become effective on April If 1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
INSURANCE PREMIUM FINANCE COMPANIES
DELIVERY OF CANCELLATION NOTICES TO INSURERS.
Code Section 33-22-13 Amended.
No. 1414 (House Bill No. 1393).
AN ACT
To amend Code Section 33-22-13 of the Official Code of Geor-
gia Annotated, relating to the procedure for cancellation of an
insurance contract by a premium finance company upon default
of the insured, so as to allow for the delivery of certain cancella-
tion notices to insurers; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 33-22-13 of the Official Code of
Georgia Annotated, relating to the procedure for cancellation
of an insurance contract by a premium finance company upon
default of the insured, is amended by striking subsection (c)
and inserting in lieu thereof a new subsection (c) to read as
follows:
GEORGIA LAWS 1986 SESSION
497
"(c) After expiration of such ten-day period, the pre-
mium finance company may thereafter in the name of the
insured cancel such insurance contract or contracts by mail-
ing or delivering to the insurer a notice of cancellation; and
the insurance contract shall be canceled as if the notice of
cancellation had been submitted by the insured himself, but
without requiring the return of the insurance contract or
contracts. The premium finance company, when mailing or
delivering notice to the insurance company to cancel the
policy, shall simultaneously mail notice to the insured notify-
ing him of the action taken. Such notice to the insured shall
contain the date and time the policy is to be canceled, which
date shall not be prior to the date of mailing of such notice,
and shall inform the insured that any payment received
after the mailing or delivery of notice to the insurance com-
pany to cancel the policy will not reinstate the policy. The
notice may contain information to the effect that the pre-
mium finance company will make a request to the insurance
company to reinstate the policy. Language sufficiently clear
and specific so that a person of average intelligence can un-
derstand the action being taken by the premium finance
company shall be used. The notice to the insured required
by this Code section shall be mailed to the last address of
record of the insured and shall be dispatched by at least
first-class mail and receiving the receipt provided by the
United States Postal Service or such other evidence of mail-
ing as prescribed or accepted by the United States Postal
Service.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
498
GENERAL ACTS AND RESOLUTIONS, VOL. I
EDUCATION JURY LEAVE FOR TEACHERS.
Code Section 20-2-870 Amended.
No. 1415 (House Bill No. 1416).
AN ACT
To amend Part 5 of Article 17 of Chapter 2 of Title 20 of
the Official Code of Georgia Annotated, relating to jury leave
for teachers, so as to provide that teachers shall be allowed
leave for the purpose of testifying in cases arising out of their
duties as teachers; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 5 of Article 17 of Chapter 2 of Title 20
of the Official Code of Georgia Annotated, relating to jury leave
for teachers, is amended by striking Code Section 20-2-870 in
its entirety and inserting in lieu thereof a new Code Section
20-2-870 to read as follows:
"20-2-870. Each person employed as a teacher in any
public school of this state shall be allowed a leave of absence
without loss of pay and without deduction of any amounts
otherwise received as compensation for service as a teacher,
for the purpose of attending any court as a juror or when
subpoenaed to testify in a case arising out of the persons
duties as a teacher, such as the reporting of child abuse
required by Code Section 19-7-5. Any teacher who serves
as a juror or witness as provided in this Code section shall
not have the jury or witness leave deducted from sick, per-
sonal, or professional leave. No teacher utilizing jury or wit-
ness leave under this Code section shall be required to pay
the cost of employing a substitute teacher to serve in his
absence on such jury or witness leave, and local boards of
GEORGIA LAWS 1986 SESSION
499
education may adopt policies regarding the retention by
teachers of the compensation for serving on a jury.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA STUDENT FINANCE AUTHORITY SERVICE
CANCELABLE EDUCATIONAL LOANS; MEMBERS OF
THE GEORGIA NATIONAL GUARD.
Code Section 20-3-374 Amended.
No. 1416 (House Bill No. 1446).
AN ACT
To amend Code Section 20-3-374 of the Official Code of Geor-
gia Annotated, relating to the service cancelable loan fund and
authorized types of service cancelable educational loans, so as
to change the eligibility requirements for service cancelable edu-
cational loans to residents of Georgia who are members of the
Georgia National Guard; 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 20-3-374 of the Official Code of
Georgia Annotated, relating to the service cancelable loan fund
and authorized types of service cancelable educational loans,
is amended by striking paragraph (2) of subsection (b) of said
Code section in its entirety and substituting in lieu thereof a
new paragraph (2) to read as follows:
500 GENERAL ACTS AND RESOLUTIONS, VOL. I
"(2) The authority is authorized to make service cancel-
able educational loans to residents of Georgia who are eligi-
ble members of the Georgia National Guard and who are
enrolled at the undergraduate level in a private or public
college or public vocational-technical school located in the
state. Members of the Georgia National Guard who are in
good standing according to applicable regulations of the Na-
tional Guard shall be eligible to apply for a loan. A loan
recipient shall not be eligible to receive loan assistance pro-
vided for in this paragraph for more than five academic years
of study. Educational loans may be made to full-time and
half-time students. The maximum loan amount for full-time
students shall not exceed $800.00 per academic year; and
the maximum loan amount for half-time students shall not
exceed $400.00 per academic year. Such loans shall be repay-
able in cash, with interest thereon, or, upon graduation, ter-
mination of enrollment in school, or termination of this assis-
tance with approval of the authority, shall be canceled in
consideration of the students retaining membership in the
Georgia National Guard. Loans made to full-time students
shall be canceled on the basis of one year of membership
service for each year of full-time academic study. Loans made
to half-time students shall be canceled on the basis of six
months of membership service for each year of half-time
academic study. The adjutant general of Georgia shall certify
eligibility and termination of eligibility of students for educa-
tional loans and eligibility for cancellation of educational
loans by members of the Georgia National Guard in accor-
dance with regulations of the authority.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
501
SCHOOL BUSES EXHAUST SYSTEM REQUIREMENTS.
Code Section 40-8-111 Amended.
No. 1417 (House Bill No. 1463).
AN ACT
To amend Code Section 40-8-111 of the Official Code of Geor-
gia Annotated, relating to general equipment requirements for
school buses, so as to change exhaust system requirements; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-8-111 of the Official Code of
Georgia Annotated, relating to general equipment requirements
for school buses, is amended by striking paragraph (6) of subsec-
tion (a) in its entirety and inserting in lieu thereof a new para-
graph (6) of subsection (a) to read as follows:
"(6) The exhaust system of the bus shall carry exhaust
gases from the engine to a discharge point into the atmo-
sphere, which point:
(A) Shall extend beyond the rear axle and shall ex-
tend at least five inches beyond the chassis frame and
be mounted outside the chassis rail at end point; or
(B) May extend to, but not beyond, the body limits
on the left side of the bus, beyond the drivers compart-
ment outboard of the chassis centerline; and.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
502
GENERAL ACTS AND RESOLUTIONS, VOL. I
COUNTY TAX COLLECTORS AND TAX COMMISSIONERS
ANNUAL TRAINING REQUIREMENTS;
REMOVAL FROM OFFICE.
Code Section 48-5-126.1 Amended.
No. 1418 (House Bill No. 1488).
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 annual training requirements for each county
tax collector or tax commissioner; to provide an exception; to
provide that failure to comply with such training requirements
may subject a tax collector or tax commissioner to removal from
office; 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 striking Code Section 48-5-126.1 in its entirety
and inserting in lieu thereof a new Code Section 48-5-126.1 to
read as follows:
"48-5-126.1. (a) (1) It shall be the responsibility of
each county tax collector or tax commissioner in this
state who has never served in such office prior to January
H 1982, to attend 40 hours of training classes pertaining
to all areas of county taxation, particularly property tax-
ation and motor vehicle titling and registration, during
the initial term of office served by such local tax official.
(2) Of the 40 hours of required training classes, 20
hours of such classes shall be attended during the period
between the election of the local tax official and the date
such official assumes office.
(3) The remaining 20 hours of required training
classes shall be attended during the first year of the local
GEORGIA LAWS 1986 SESSION
503
tax officials initial term of office (unless sickness, emer-
gency, or some other unforeseen circumstance prohibits
attendance during that year) at the seminar on county
taxation and related matters held at the University of
Georgia under the supervision of the Georgia Center for
Continuing Education.
(b) In the event a county tax collector or tax commis-
sioner who has never served in such office prior to January
1, 1982, assumes the office during a regular term of office,
such local tax official shall be required to obtain special train-
ing and instruction from the Motor Vehicle and Property
Tax Divisions of the Department of Revenue in lieu of the
training requirements of subsection (a) of this Code section.
(c) Beginning January 1,1987, each county tax collector
or tax commissioner shall be required to attend 15 hours
of training classes on county taxation and related matters
during each year of service as a county tax collector or tax
commissioner. For the purposes of satisfying the require-
ments of this subsection, credit will be given for attendance
of the county taxation seminar conducted by the University
of Georgia under the supervision of the Georgia Center for
Continuing Education or any seminar on county taxation
conducted by the Department of Revenue. This subsection
shall not apply to a county tax collector or tax commissioner
who is serving the first year of such officials initial term
of office.
(d) The costs of attending the training classes required
by this Code section shall be met by the payment of registra-
tion fees by each local tax official attending such classes.
Each local tax official shall be reimbursed by his county
for the amount of such fees.
(e) The instructors for the training classes required by
this Code section shall consist of representatives of the De-
partment of Revenue, the Georgia Association of Tax Offi-
cials, the Georgia Center for Continuing Education, and any
other qualified persons with expertise in the field of county
taxation.
(f) The commissioner may adopt and enforce reasonable
rules and regulations governing the establishment and ad-
504
GENERAL ACTS AND RESOLUTIONS, VOL. I
ministration of the training classes provided for by this Code
section.
(g) The commissioner is authorized to work with offi-
cials and personnel of the Georgia Center for Continuing
Education in establishing the training classes to be held at
that institution.
(h) Any county tax collector or tax commissioner who,
without good cause such as sickness or other emergency,
fails to comply with the training requirements of this Code
section may be subject to removal from office by the Gover-
nor.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GAME AND FISH RED DRUM AND SPOTTED SEA
TROUT; CREEL LIMIT; SIZE LIMIT.
Code Sections 27-4-10 and 27-4-11 Amended.
No. 1419 (House Bill No. 1495).
AN ACT
To amend Article 1 of Chapter 4 of Title 27 of the Official
Code of Georgia Annotated, relating to general provisions on
fish, so as to provide a creel and possession limit for red drum;
to provide size limits for red drum and spotted sea trout; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
505
Section 1. Article 1 of Chapter 4 of Title 27 of the Official
Code of Georgia Annotated, relating to general provisions on
fish, is amended by adding at the end of Code Section 27-4-10,
relating to creel and possession limits for fish, a new paragraph
(13) to read as follows:
"(13) Two red drum, commonly known as spot-tail bass
or channel bass, greater than 32 inches in length.
Section 2. Said article is further amended by adding at
the end of Code Section 27-4-11, relating to size limits for fish,
new subsections (f) and (g) to read as follows:
"(f) It shall be unlawful to take or have in possession
from any salt waters any red drum, commonly known as
spot-tail bass or channel bass, less than 14 inches in length.
(g) It shall be unlawful to take or have in possession
from any salt waters any spotted sea trout, also known as
winter trout or speckled trout, less than 12 inches in length.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. Paragraph (4) of Code Section 27-4-10 and sub-
sections (f) and (g) of Code Section 27-4-11 shall stand repealed
in their entirety on June 30, 1988.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
506
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE GOVERNMENT ADMINISTRATIVE WRITE OFF
OF UNCOLLECTABLE DEBTS OR OBLIGATIONS BY
STATE AGENCIES OR DEPARTMENTS; AUDITS.
Code Section 50-16-17 Enacted.
No. 1420 (House Bill No. 1536).
AN ACT
To amend Article 1 of Chapter 16 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions per-
taining to public property, so as to provide for a statement of
intent to implement certain provisions of the Constitution relat-
ing to gratuities; to authorize any state agency or department
to write off administratively debts or obligations to such state
agency or department in certain instances where the director
of such entity has determined such debts or obligations to be
uncollectable; to provide for verification of such an administra-
tive determination; to provide for audits; 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 16 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions per-
taining to public property, is amended by adding at the end
thereof a new Code Section 50-16-17 to read as follows:
"50-16-17. (a) It is the intent of this Code section to
implement the provisions of Article III, Section VI, Para-
graph VI of the Constitution of the State of Georgia which
generally prohibit gratuities by devising an administrative
mechanism which will ensure that any obligation due the
state is not pursued when it is manifest that the account
is uncollectable or when the costs of pursuing a moderate
indebtedness would create a greater obligation on the trea-
sury than the amount claimed and that there will be an
established procedure to scrutinize modest debts individually
and, when collection appears to be unlikely, to make a formal
administrative determination to conserve public moneys
GEORGIA LAWS 1986 SESSION
507
which would otherwise be expended for unfruitful collection
efforts.
(b) All state agencies and departments, in order to pre-
serve public funds, are authorized to develop appropriate
standards, in conjunction with the Department of Audits
and Accounts, which will provide a mechanism to consider
administratively discharging any obligation or charge in fa-
vor of such agency or department when such obligation or
charge is $100.00 or any lesser amount. This procedure shall
not be available to such agency or department in those in-
stances where the obligor has more than one such debt or
obligation in any given fiscal year, and this provision shall
be construed in favor of the state agency or department so
as not to alter the unquestioned ability of such state agency
or department to pursue any debt, obligation, or claim in
any amount whatsoever. In those instances where a debt
or obligation of $100.00 or less has been deemed to be uncol-
lectable, the proper individual making such determination
shall transmit a recapitulation of the efforts made to collect
the debt together with all other appropriate information,
which shall include a reasonable estimate of the cost to pur-
sue administratively or judicially the account together with
a recommendation to the commissioner of such state agency
or department. In those instances where the commissioner
makes a determination that further collection efforts would
be detrimental to the publics financial interest, a certificate
reflecting this determination shall be executed, and this cer-
tificate shall serve as the authority to remove such uncollect-
able accounts from the financial records of such state agency
or department. Such certificates shall be forwarded to the
state auditor in a manner and at such times as are reflected
in the standards developed by the state auditor and the state
agency or department.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
508
GENERAL ACTS AND RESOLUTIONS, VOL. I
INSURANCE FAIR ACCESS TO INSURANCE
REQUIREMENTS PLAN; TIME OF OPERATION
OF LAW EXTENDED.
Code Section 33-33-11 Amended.
No. 1421 (House Bill No. 1538).
AN ACT
To amend Chapter 33 of Title 33 of the Official Code of Geor-
gia Annotated, relating to fair access to insurance requirements,
so as to extend the time of operation of the chapter; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 33 of Title 33 of the Official Code of
Georgia Annotated, relating to fair access to insurance require-
ments, is amended by striking Code Section 33-33-11 in its en-
tirety and inserting in its place a new Code Section 33-33-11
to read as follows:
"33-33-11. This chapter shall no longer be of any force
or effect after December 31, 1990, or after the expiration
of the Urban Property Protection and Reinsurance Act of
1968 or any reenactment of the same, whichever shall last
occur, except that obligations incurred by the association
to be established pursuant to this chapter shall not be im-
paired by the expiration of this chapter and such association
shall be continued for the purpose of performing such obliga-
tions.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
509
PERSONAL CARE HOMES COUNTY BOARDS OF
HEALTH; IMMUNITY FROM LIABILITY FOR CRIMINAL
RECORDS CHECKS OF PERSONNEL.
Code Section 31-7-261 Amended.
No. 1422 (House Bill No. 1549).
AN ACT
To amend Code Section 31-7-261 of the Official Code of Geor-
gia Annotated, regarding immunity from liability for criminal
records checks of personal care home personnel, so as to extend
that immunity to county boards of health; to change a term;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 31-7-261 of the Official Code of
Georgia Annotated, regarding immunity from liability for crimi-
nal records checks of personal care home personnel, is amended
by striking that Code section and inserting in its place a new
Code section to read as follows:
"31-7-261. (a) Neither GCIC, the department, any
county board of health, any law enforcement agency, nor
the employees of any such entities shall be responsible for
the accuracy of information nor have any liability for defa-
mation, invasion of privacy, negligence, or any other claim
in connection with any dissemination of information or de-
termination based thereon pursuant to this article.
(b) A facility, 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.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
510
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
INSURANCE FARMERS MUTUAL FIRE INSURANCE
COMPANIES; MAXIMUM LIMITS OF RISK.
Code Section 33-16-14 Amended.
No. 1423 (House Bill No. 1556).
AN ACT
To amend Code Section 33-16-14 of the Official Code of Geor-
gia Annotated, relating to the maximum amount of insurance
that a farmers mutual fire insurance company may retain on
a subject of insurance exposed to loss from the same fire, so
as to increase the maximum limits of risk; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 33-16-14 of the Official Code of
Georgia Annotated, relating to the maximum amount of insur-
ance that a farmers mutual fire insurance company may retain
on a subject of insurance exposed to loss from the same fire,
is amended by striking subsection (a) in its entirety and inserting
in lieu thereof a new subsection (a) to read as follows:
"(a) The maximum amount of insurance that a farmers
mutual fire insurance company may retain on any subject
or subjects of insurance reasonably exposed to loss from the
same fire shall not exceed the amount prescribed in the fol-
lowing schedule:
GEORGIA LAWS 1986 SESSION
511
Amount of Insurance in Force Maximum Risk
$ 100,000 but less than $ 250,000...................$ 2,000
250.000 but less than 400,000.................. 2,500
400.000 but less than 600,000......... 3,000
600.000 but less than 900,000..... 4,000
900.000 but less than 1,200,000................i 5,000
1.200.000 but less than 1,500,000......... 5,500
1.500.000 but less than 2,000,000........ 6,000
2.000. 000 but less than 2,500,000 ....... 7,000
2.500.000 but less than 3,000,000.......:........ 8,000
3.000. 000 but less than 3,500,000................ 9,000
3.500.000 but less than 7,000,000................. 10,000
7.000. 000 and over............................... 25,000
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
BINGO GAMES PAY FOR PERSONS ASSISTING IN
CONDUCT OF GAMES; NUMBER OF ORGANIZATIONS A
PERSON MAY ASSIST.
Code Section 16-12-60 Amended.
No. 1424 (Senate Bill No. 303).
AN ACT
To amend Code Section 16-12-60 of the Official Code of Geor-
gia Annotated, relating to rules and regulations concerning the
operation of bingo games, so as to change the amount which
may be paid to individuals for assisting in the conduct of bingo
games; to provide that a person who is a member of more than
one nonprofit, tax-exempt organization shall be permitted to
participate in the bingo operations of only two organizations
of which such person is a member; to restrict the amount of
512 GENERAL ACTS AND RESOLUTIONS, VOL. I
money a person may receive for assisting in the conduct of bingo
games of more than one organization; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 16-12-60 of the Official Code of
Georgia Annotated, relating to rules and regulations concerning
the operation of bingo games, is amended by striking subsection
(g) in its entirety and inserting in lieu thereof a new subsection
(g) to read as follows:
"(g) No person or organization by whatever name or
composition thereof shall take any salary, expense money,
or fees for the operation of any bingo game, except that
not more than $30.00 per day may be paid to one or more
individuals for assisting in the conduct of such games on
such day.
Section 2. Said Code section is further amended by adding
at the end thereof a new subsection (i) to read as follows:
"(i) A person who is a member of more than one nonpro-
fit, tax-exempt organization shall be permitted to participate
in the bingo operations of only two organizations of which
such person is a member; provided, however, that such per-
son shall not receive more than $30.00 per day for assisting
in the conduct of bingo games regardless of whether such
person assists both organizations in the same day.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
513
GEORGIA CRIME INFORMATION CENTER FIRE
DEPARTMENTS; CRIMINAL HISTORY CHECKS OF
APPLICANTS FOR EMPLOYMENT.
Code Section 35-3-33 Amended.
No. 1425 (Senate Bill No. 391).
AN ACT
To amend Code Section 35-3-33 of the Official Code of Georgia
Annotated, relating to the powers and duties of the Georgia
Crime Information Center generally, so as to provide that crimi-
nal justice agencies shall make available to any local fire depart-
ment upon request and without charge a copy of the criminal
history record information of an applicant for employment; 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 35-3-33 of the Official Code of Geor-
gia Annotated, relating to the powers and duties of the Georgia
Crime Information Center generally, is amended by striking
the word "and at the end of paragraph (13); by striking the
period at the end of paragraph (14) and inserting in lieu thereof
the following symbol and word "; and; and by adding a new
paragraph (15) to read as follows:
"(15) Criminal justice agencies shall furnish upon writ-
ten request and without charge to any local fire department
in this state a copy, processed under purpose code 'J\ of
the criminal history record information of an applicant for
employment.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
514
GENERAL ACTS AND RESOLUTIONS, VOL. I
DEPARTMENT OF PUBLIC SAFETY ABSTRACTS OF
DRIVING RECORDS OF APPLICANTS FOR EMPLOYMENT
BY LOCAL FIRE DEPARTMENTS.
Code Section 40-5-2 Amended.
No. 1426 (Senate Bill No. 392).
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 Depart-
ment of Public Safety and restrictions on the access to such
records, so as to provide that criminal justice agencies shall
furnish the abstract of the driving records of certain persons
upon request to local fire departments without charge; to provide
that it shall be unlawful to disclose any information pertaining
to the abstract of the driving record except in the performance
of official duties with the local fire 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. Code Section 40-5-2 of the Official Code of Geor-
gia 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 subsection (g) in its entirety
and substituting in lieu thereof new subsections (g) and (h) to
read as follows:
"(g) Criminal justice agencies shall furnish without
charge at the written request of a local fire department a
copy of the abstract of the driving record of any applicant
for employment. It shall be unlawful for any person who
receives an abstract of the driving record of an individual
under this subsection to disclose any information pertaining
to such abstract or to make any use thereof except in the
performance of official duties with the local fire department.
(h) Except as otherwise provided in this Code section,
the department shall not furnish to any person any compila-
GEORGIA LAWS 1986 SESSION
515
tions 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 March 31, 1986.
TORTS IMMUNITY OF CERTAIN PERSONS WHO ARE
JUSTIFIED IN THREATENING OR USING FORCE IN
DEFENSE OF A HABITATION.
Code Section 51-11-9 Enacted.
No. 1427 (Senate Bill No. 489).
AN ACT
To amend Article 1 of Chapter 11 of Title 51 of the Official
Code of Georgia Annotated, relating to general provisions on
defenses to tort actions, so as to provide that a person justified
in threatening or using force against another under the provi-
sions of Code Section 16-3-23 shall not be held liable in any
civil action brought as a result of the threat or use of such
force; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 51 of the Official
Code of Georgia Annotated, relating to general provisions on
defenses to tort actions, is amended by adding at the end thereof
a new Code Section 51-11-9 to read as follows:
"51-11-9. A person who is justified in threatening or
using force against another under the provisions of Code
Section 16-3-23, relating to the use of force in defense of a
516
GENERAL ACTS AND RESOLUTIONS, VOL. I
habitation, shall not be held liable in any civil action brought
as a result of the threat or use of such force.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved March 31, 1986.
ROLAND HAYES PARKWAY DESIGNATED.
No. 61 (House Resolution No. 588).
A RESOLUTION
Designating the Roland Hayes Parkway; and for other pur-
poses.
WHEREAS, Mr. Roland Hayes, a descendant of slaves, was
born near the community of Curryville in Gordon County, Geor-
gia, in 1887 and from this humble background he utilized his
God-given talent of a rich, ringing tenor voice to advance himself
in life by attracting the attention of people of culture and taste;
and
WHEREAS, through his dedication and hard work he re-
ceived an education at Fisk University and became a music
student of Arthur Hubbard of Boston; and
WHEREAS, because of his training and talent he became
one of the greatest concert tenors of all time having sung in
the United States and in most countries in Europe where he
performed before kings, queens, and heads of state; and
WHEREAS, Mr. Hayes is acclaimed as one of the greatest
tenors of all time whose voice was so full of timbre, purity,
flexibility, tenderness, richness, and shade as to have been al-
most indescribable in its beauty and effect; and
GEORGIA LAWS 1986 SESSION
517
WHEREAS, Mr. Hayes, who excelled in the classics was
also well-known for his beautiful renditions of Afro-American
spirituals and folk melodies; and
WHEREAS, Mr. Hayes was an indisputable master of his
art who rose to true international greatness and fame, but who
never forgot his home and those people who inspired him and
to whom he later brought inspiration; and
WHEREAS, through the years he always remembered Gor-
don County, Georgia, and the Curryville Community as home,
owning and at times living on his old homeplace and farm;
and
WHEREAS, the memory of Mr. Roland Hayes and his pres-
ent descendants bring pride and honor to Gordon County and
the State of Georgia and it is therefore only fitting and proper
to memorialize this great man.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that in recognition of the
many accomplishments and outstanding contributions to man-
kind made by Mr. Roland Hayes the portion of Georgia Highway
156 between the Floyd County line and such highways intersec-
tion with the C. L. Moss Parkway in Calhoun, Georgia, is desig-
nated as the Roland Hayes Parkway.
BE IT FURTHER RESOLVED that the Department of
Transportation is authorized and directed to erect and maintain
appropriate markers identifying the Roland Hayes Parkway.
Approved March 31, 1986.
518
GENERAL ACTS AND RESOLUTIONS, VOL. I
R. SIDNEY LOWREY, SR., MEMORIAL BRIDGE
DESIGNATED.
No. 62 (House Resolution No. 591).
A RESOLUTION
Authorizing and directing the State Department of Trans-
portation to designate the Georgia Highway 140 bridge crossing
the Oostanaula River in Floyd County, Georgia, as the R. Sidney
Lowrey, Sr., Memorial Bridge; and for other purposes.
WHEREAS, Honorable Sidney Lowrey provided many years
of dedicated service to the people of Floyd County and the State
of Georgia prior to his death on June 7, 1983; and
WHEREAS, he served as a member of the Board of Commis-
sioners of Floyd County for nine years and always had the wel-
fare of the citizens of Floyd County uppermost in his mind;
and
WHEREAS, Mr. Lowrey represented his constituents consci-
entiously and effectively for 16 years as a member of the General
Assembly; and
WHEREAS, he served as President of the Floyd County
Farm Bureau and as District Director of the Board of Supervi-
sors for the Coosa River Soil Conservation Committee; and
WHEREAS, it is only fitting and proper for the state to
memorialize this outstanding Georgian by dedicating a bridge
in Floyd County to his honored memory.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of
Transportation is authorized and directed to designate the Geor-
gia Highway 140 bridge crossing the Oostanaula River in Floyd
County, Georgia, as the R. Sidney Lowrey, Sr., 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 R. Sid-
ney Lowrey, Sr., Memorial Bridge.
GEORGIA LAWS 1986 SESSION
519
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 Honorable
R. Sidney Lowrey, Sr., and a copy to the Commissioner of Trans-
portation.
Approved March 31, 1986.
WYMAN NAIL, JR., AND RHONDA NAIL
COMPENSATION.
No. 63 (House Resolution No. 593).
A RESOLUTION
Compensating Wyman Nail, Jr., and Rhonda Nail; and for
other purposes.
WHEREAS, on March 16, 1985, Rhonda Nail was traveling
west on S.R. 155 at the east city limits of Griffin, Georgia, when
a huge tree suddenly fell onto the front end of her vehicle, a
1977 Ford Ranger pickup; and
WHEREAS, upon investigation, the tree was found to be
rotten; and
WHEREAS, Wyman Nail, Jr., and Rhonda Nail have suf-
fered property damages to their vehicle totaling $2,300.66; and
WHEREAS, the accident occurred through no fault or negli-
gence on the part of Wyman Nail, Jr., and Rhonda Nail and
it is only fitting and proper that they be reimbursed for their
loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of
Transportation is authorized and directed to pay the sum of
520
GENERAL ACTS AND RESOLUTIONS, VOL. I
$2,045.60 to Wyman Nail, Jr., and Rhonda Nail as compensation
as provided above. Said sum shall be paid from funds appropri-
ated 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 31, 1986.
CONVEYANCE TO THE CITY OF CAIRO.
No. 64 (House Resolution No. 633).
A RESOLUTION
Authorizing the conveyance of certain state owned real prop-
erty located in Grady County, Georgia, to the City of Cairo,
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 Grady County, Georgia; and
WHEREAS, said real property is known and is more particu-
larly described as follows:
"Begin at the northwest corner of that parcel of land
deeded to Grady County by the State of Georgia and as partic-
ularly described in that resolution of authorization set forth
on page 366 of the 1966 Acts and Resolutions of the General
Assembly of the State of Georgia. From said point of begin-
ning run thence north 01 degrees 45' east 491.6 feet to an
iron stake on the south right-of-way margin of 11th Ave.,
N. E., in the City of Cairo, thence south 88 degrees 30' east
along the margin of said 11th Ave., N. E. 207.1 feet, thence
south 01 degrees 30' west 148 feet, thence south 88 degrees
30' west 43.3 feet, thence south 01 degrees 30' west 343 feet
to the northeast corner of lands now owned by Grady County,
GEORGIA LAWS 1986 SESSION
521
thence west along the property line of said Grady County
lands to the point of beginning, being 165.5 feet, more or
less. Said tract of land comprising 2 acres, more or less.;
and
WHEREAS, the custody and management of the above-de-
scribed property is in the Department of Agriculture; and
WHEREAS, the above-described real property is no longer
needed by the State of Georgia and is, therefore, surplus; and
WHEREAS, the City of Cairo is desirous of obtaining said
tract of land for the purpose of providing improved access to
a new retail development.
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 and that, in all matters relating
to the property, the State of Georgia is acting by and through
its State Properties Commission.
Section 2. That the above-described real property should
be conveyed by appropriate instrument to the City of Cairo by
the State of Georgia, acting by and through the State Properties
Commission, for its fair market value and upon such other terms
and conditions as the State Properties Commission should deter-
mine to be in the best interest of the State of Georgia.
Section 3. That, for the purpose of compliance with the
provisions of paragraph (4) of subsection (b) of Code Section
50-16-122 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 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 4. That this resolution shall become effective upon
its approval by the Governor or upon its becoming law without
such approval.
522
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
MR. WILLIE LEE BOONE COMPENSATION.
No. 65 (House Resolution No. 635).
A RESOLUTION
Compensating Mr. Willie Lee Boone; and for other purposes.
WHEREAS, on August 31, 1981, Mr. Willie Lee Boone, a
resident of Ashburn, Georgia, was driving his 1970 Chevrolet
Impala on U.S. Highway 41 approximately three-tenths of a
mile north of Tifton, Georgia; and
WHEREAS, a herd of cows was being driven along the right
of way of U.S. Highway 41 by personnel of the University of
Georgia Experiment Station; and
WHEREAS, Mr. Boones automobile struck a cow which had
proceeded onto the highway; and
WHEREAS, Mr. Boone suffered property damage to his auto-
mobile totaling $650.00; and
WHEREAS, the loss occurred through no fault or negligence
on the part of Mr. Boone, and it is only fitting and proper that
he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Board of Regents
of the University System of Georgia is authorized and directed
to pay the sum of $550.00 to Mr. Willie Lee Boone as compensa-
tion as provided above. Said sum shall be paid from funds appro-
GEORGIA LAWS 1986 SESSION
523
priated to or available to said university system and shall be
in full and complete satisfaction of all claims against the state
arising out of said occurrence.
Approved March 31, 1986.
MS. BARBARA ANN ROZIER SAWYER COMPENSATION.
No. 66 (House Resolution No. 643).
A RESOLUTION
Compensating Ms. Barbara Ann Rozier Sawyer; and for
other purposes.
WHEREAS, on December 30,1984, Ms. Barbara Ann Rozier
Sawyer parked her 1983 Nissan automobile on the edge of the
sod airstrip used by the Georgia Forestry Commission in Town-
send, Georgia; and
WHEREAS, there are no signs or markers on the property
of the airstrip limiting access or parking of vehicles, and persons
who have permission to use the airfield may park their vehicles
at any location; and
WHEREAS, an employee of the Georgia Forestry Commis-
sion was taxiing a Cessna 180 aircraft belonging to the commis-
sion along the airstrip when the propeller of the plane struck
Ms. Sawyers automobile; and
WHEREAS, Ms. Sawyer has suffered loss of personal prop-
erty totaling $1,478.08; and
WHEREAS, the loss occurred through no fault or negligence
on the part of Ms. Sawyer and it is only fitting and proper
that she be reimbursed for her loss.
524
GENERAL ACTS AND RESOLUTIONS, VOL. I
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Georgia Forestry
Commission is authorized and directed to pay the sum of $78.43
to Ms. Barbara Ann Rozier Sawyer as compensation as provided
above. Said sum shall be paid from funds appropriated to or
available to said commission and shall be in full and complete
satisfaction of all claims against the state arising out of said
occurrence.
Approved March 31, 1986.
MR. PAUL WEBB, D.B.A. KWIK KOPY #206
COMPENSATION.
No. 67 (House Resolution No. 666).
A RESOLUTION
Compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206; and
for other purposes.
WHEREAS, on June 11, 1985, the overflowing of sewers lo-
cated near 1341 Spring Street, Atlanta, Georgia, caused raw
sewage to enter the Kwik Kopy store located at the above ad-
dress; and
WHEREAS, in February, 1985, the Department of Transpor-
tation installed a 24 inch storm drain with a 31 inch by 18
inch grate into the 12 inch sewer line which overflowed on June
11, 1985; and
WHEREAS, this inadequate drain system caused the over-
flow which occurred on the specified date; and
WHEREAS, Mr. Paul Webb, d.b.a. Kwik Kopy #206, suf-
fered damages to his property totaling $4,343.49; and
GEORGIA LAWS 1986 SESSION
525
WHEREAS, said accident occurred through no fault or negli-
gence on the part of Mr. Webb and it is only fitting and proper
that Mr. Webb be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of
Transportation is authorized and directed to pay the sum of
$2,171.75 to Mr. Paul Webb 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 31, 1986.
MR. M. C. NETTLES COMPENSATION.
No. 68 (House Resolution No. 689).
A RESOLUTION
Compensating Mr. M. C. Nettles; and for other purposes.
WHEREAS, on September 14, 1985, the vessel Carolina C
was traveling south on the Intracoastal Waterway; and
WHEREAS, as the vessel approached the drawbridge on U.S.
80, the operator began to raise the bridge to allow the vessel
to pass underneath; and
WHEREAS, the drawbridge stopped opening when it was
approximately half-way open whereupon the vessel was put in
reverse to refrain from passing beneath the bridge until it was
completely open; and
WHEREAS, this action coupled with the spring tide and
strong northeast wind caused the vessel to turn towards the
east; and
526
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the drawbridge began to open again and the
vessel proceeded to pass underneath; and
WHEREAS, as the vessel was passing beneath the bridge,
the bridge began to close, and in closing, both sections of the
drawbridge struck the mast of the vessel; and
WHEREAS, Mr. M. C. Nettles has suffered loss of personal
property totaling $3,254.61; and
WHEREAS, the loss occurred through no fault or negligence
on the part of Mr. M. C. Nettles and it is only fitting and proper
that he be reimbursed for his loss!
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of
Transportation is authorized and directed to pay the sum of
$1,627.31 to Mr. M. C. Nettles 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 31, 1986.
TASK FORCE ON FUNDING OF INDIGENT HEALTH CARE
PROGRAMS ^4- GOVERNOR REQUESTED TO CREATE.
No. 69 (House Resolution No. 716).
A RESOLUTION
Requesting the Governor to create the Task Force on Fund-
ing of Indigent Health Care Programs; and for other purposes.
GEORGIA LAWS 1986 SESSION
527
WHEREAS, concern has long been expressed that health
care should be widely available and not unfairly denied to those
in need; and
WHEREAS, in Georgia, it is estimated that approximately
one-quarter of the population is medically indigent; and
WHEREAS, the state recognizes the increasing severity of
the problem of indigent health care in Georgia as well as its
responsibility in helping to provide health care for the poor;
and
WHEREAS, the complexity of addressing this problem re-
quires a thorough study of all available options.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Governor is re-
quested to create by executive order the Task Force on Funding
of Indigent Health Care Programs to be composed of:
(1) Two members of the House of Representatives ap-
pointed by the Speaker of the House of Representatives.
One of such members shall be chosen from the membership
of the Committee on Health and Ecology;
(2) Two members of the Senate appointed by the Presi-
dent of the Senate. One of such members shall be chosen
from the membership of the Committee on Human Re-
sources;
(3) Five members appointed by the Governor, one to
represent each of the following:
(A) The Office of the Governor;
(B) The Department of Human Resources;
(C) The Department of Medical Assistance;
(D) The Health Planning Agency; and
(E) The business community;
528
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Two county commissioners appointed by the Gover-
nor;
(5) Two representatives of hospitals appointed by the
Governor; and
(6) A knowledgeable representative of organizations
working to improve health care for the medically indigent
appointed by the Speaker of the House.
The Governor shall appoint the chairman of the task force and
the task force shall meet upon the call of the chairman. The
membership may elect such other officers as it deems advisable
and shall establish such rules as it deems necessary.
BE IT FURTHER RESOLVED that the task force shall study
the problem of funding health care for the medically indigent
and, specifically, shall review House Bill 556 and existing laws
and programs with the goal of maximizing federal funds to the
state. The task force may hold hearings, conduct investigations,
and take any other action necessary or desirable to collect data
and obtain information.
BE IT FURTHER RESOLVED that the legislative members
of the task force shall receive the compensation, per diem, ex-
penses, and allowances authorized for legislative members of
interim legislative committees. The task force shall make a re-
port of its findings and recommendations to the General Assem-
bly and the Governor.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
529
ENGLISH DESIGNATION AS THE OFFICIAL LANGUAGE
OF THE STATE OF GEORGIA.
No. 70 (House Resolution No. 717).
A RESOLUTION
Designating the English language as the official language
of the State of Georgia; and for other purposes.
WHEREAS, the United State of America has attained hope,
strength, and preeminence in world affairs through the unified
effort of its diversified peoples; and
WHEREAS, continued and lasting unification of those diver-
sified peoples offers the greatest promise of success when it is
accomplished with a cultural fabric of one language which is
spoken, written, and understood by all; and
WHEREAS, the reliance of a society on a single language
facilitates the exchange of ideas, feelings, beliefs, and informa-
tion and facilitates the full integration of all of its members;
and
WHEREAS, the English language is the basic language of
commerce, education, and official business in this state; and
WHEREAS, it is only fitting and proper that we recognize
the continuing, unifying role that the English language plays
in the stability and cohesion of the lives of the people of this
state and nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the English language
is designated as the official language of the State of Georgia.
Approved March 31, 1986.
530
GENERAL ACTS AND RESOLUTIONS, VOL. I
MR. FRANKLIN D. WOODALL COMPENSATION.
No. 71 (House Resolution No. 742).
A RESOLUTION
Compensating Mr. Franklin D. Woodall; and for other pur-
poses.
WHEREAS, during 1984, the Department of Transportation
constructed a new exit ramp at Northlake Parkway and 1-285
in DeKalb County; and
WHEREAS, such construction generated large quantities
of clay silt runoff which gravitated to a pinch point culvert
located on the property of the Department of Transportation
and said culvert subsequently became blocked, resulting in flood-
ing and precipitation of clay silt over the property of Mr. Frank-
lin D. Woodall at 2441 Helmsdale Drive, Atlanta, Georgia; and
WHEREAS, said flooding and precipitation of silt destroyed
Mr. Woodalls garden and garden machinery and rendered the
surrounding property unusable and resulted in property damage
in the amount of $3,364.95; and
WHEREAS, the loss occurred through no fault or neglect
of his own, so it is only fitting and proper that he be reimbursed
for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of
Transportation is authorized and directed to pay the sum of
$2,839.95 to Mr. Franklin D. Woodall as compensation as pro-
vided above. Said sum shall be paid from funds appropriated
to or available to said department and shall be in full and com-
plete satisfaction of all claims against the state arising out of
said occurrence.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
531
MR. NORMAN BREEN COMPENSATION.
No. 72 (House Resolution No. 743).
A RESOLUTION
Compensating Mr. Norman Breen; and for other purposes.
WHEREAS, during 1984, the Department of Transportation
constructed a new exit ramp at Northlake Parkway and 1-285
in DeKalb County; and
WHEREAS, such construction generated large quantities
of clay silt runoff which gravitated to a pinch point culvert
located on the property of the Department of Transportation
and said culvert subsequently became blocked, resulting in flood-
ing and precipitation of clay silt over the property of Mr. Nor-
man Breen at 2449 Helmsdale Drive, Atlanta, Georgia; and
WHEREAS, said flooding and precipitation of silt destroyed
Mr. Breens garden and rendered the surrounding property un-
usable and resulted in property damage in the amount of
$1,350.00; and
WHEREAS, the loss occurred through no fault or neglect
of his own, so it is only fitting and proper that he be reimbursed
for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of
Transportation is authorized and directed to pay the sum of
$1,200.00 to Mr. Norman Breen 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 31, 1986.
532
GENERAL ACTS AND RESOLUTIONS, VOL. I
SCHLEY COUNTY TRANSFER OF STRUCTURE FROM
THE GEORGIA FORESTRY COMMISSION TO THE BOARD
OF COMMISSIONERS.
No. 73 (House Resolution No. 770).
A RESOLUTION
Transferring the ownership of a certain structure owned
by the Georgia Forestry Commission to the Schley County Board
of Commissioners; providing an effective date; repealing conflict-
ing laws; and for other purposes.
WHEREAS, a certain structure owned by the Georgia For-
estry Commission containing approximately 375 square feet has
been declared surplus personal property by the Georgia Forestry
Commission which recently completed the construction of a new
building for use as the headquarters office for the Schley County
Forestry unit at Ellaville, Georgia; and
WHEREAS, the board of commissioners of Schley County
is desirous of obtaining the old structure for use at the county
landfill.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED
BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the ownership of the above-described sur-
plus personal property is transferred from the Georgia Forestry
Commission to the board of commissioners of Schley County.
Section 2. That the transfer of ownership of the above-
described surplus personal property is conditioned upon the
board of commissioners of Schley County absorbing the full cost
of removing the structure from the Georgia Forestry Commis-
sions property and locating the structure at the site of the
county landfill; provided, however, that the ownership of the
structure shall revert automatically to the Georgia Forestry
Commission if this personal property is not moved by July 1,
1986, or is not utilized for the proposed purpose.
Section 3. That this resolution shall become effective as
law upon its approval by the Governor or upon its becoming
GEORGIA LAWS 1986 SESSION
533
law without such approval and in accordance with the provisions
hereof.
Section 4. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
COLONEL MANCEL NEWMAN BRIDGE DESIGNATED.
No. 74 (House Resolution No. 330).
A RESOLUTION
Designating the Colonel Mancel Newman Bridge; and for
other purposes.
WHEREAS, Colonel Mancel Lawson Newman was an out-
standing citizen of the City of Powder Springs and Cobb County;
and
WHEREAS, Colonel Newman gave unselfishly of his time
and energy to the children and youth programs in Powder
Springs; and
WHEREAS, Colonel Newman was the guiding force behind
the construction of the Thornton Road extension in Powder
Springs; and
WHEREAS, Colonel Newman was widely respected and ad-
mired for his dedicated involvement in civic, religious, and com-
munity affairs; and
WHEREAS, it is only fitting and proper that the many con-
tributions of Colonel Newman should be recognized in a tangible
fashion.
534
GENERAL ACTS AND RESOLUTIONS, VOL. I
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the bridge on State High-
way 6 at Highway 278 in Powder Springs is designated the
Colonel Mancel Newman Bridge.
BE IT FURTHER RESOLVED that the Department of
Transportation is authorized and directed to place appropriate
markers designating such bridge as the Colonel Mancel New-
man Bridge.
Approved March 31, 1986.
PHIL PETERS BUILDING DESIGNATED.
No. 75 (House Resolution No. 470).
A RESOLUTION
Designating the headquarters of the Georgia Bureau of In-
vestigation as the Phil Peters Building; and for other purposes.
WHEREAS, the new headquarters for the Georgia Bureau
of Investigation was completed in 1984; and
WHEREAS, Phil Peters served as director of the Georgia
Bureau of Investigation from 1980 until his untimely death in
1985; and
WHEREAS, he was instrumental in obtaining approval for
construction of the new headquarters and supervised the agen-
cys move into the new facility; and
WHEREAS, during his tenure as director, Phil Peters spear-
headed the growth and development of the Georgia Bureau of
Investigation into a position of national prominence and respect
among law enforcement agencies; and
GEORGIA LAWS 1986 SESSION
535
WHEREAS, it is only fitting and proper that a person who
worked so diligently to safeguard the interests of the people
of this state should be recognized and remembered for these
contributions.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the headquarters of the
Georgia Bureau of Investigation is named and designated the
"Phil Peters Building in honor of the late director of that
agency.
BE IT FURTHER RESOLVED that the Georgia Bureau of
Investigation is directed to identify with proper and appropriate
signs on, in, and around said building the name thereof.
Approved March 31, 1986.
LOST MOUNTAIN SCENIC HIGHWAY DESIGNATED.
No. 76 (House Resolution No. 472).
A RESOLUTION
Designating a certain highway in Cobb County as the "Lost
Mountain Scenic Highway; and for other purposes.
WHEREAS, Georgia Highway 120 from the line between
Cobb and Paulding counties to the square in the City of Marietta
is a highway of much natural scenic beauty; and
WHEREAS, the highway, known locally as the "Dallas High-
way, passes by Lost Mountain Store which is one of the most
frequently painted scenes in Cobb County; and
536 GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the highway separates Cheatham Hill Battle-
field from Kennesaw Mountain Battlefield, and trenches visible
from the highway give evidence of the fierce battles fought dur-
ing the War Between the States in the vicinity of the highway;
and
WHEREAS, the area surrounding the highway still contains
numerous farms which recall the agricultural heritage of a now
largely urbanized Cobb County; and
WHEREAS, the highway and surrounding areas need to re-
tain their scenic and pastoral character.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that Georgia Highway 120
from the line between Cobb and Paulding counties to the square
in the City of Marietta is designated as the "Lost Mountain
Scenic Highway, but such designation shall not have the effect
of changing any street designation of that highway within the
corporate limits of the City of Marietta but shall constitute an
additional designation to that street designation.
BE IT FURTHER RESOLVED that the Department of
Transportation is authorized and directed to erect appropriate
markers along the above-described portion of Georgia Highway
120 designating it as the "Lost Mountain Scenic Highway.
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 the
Department of Transportation.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
537
MR. R. GLENN SMITH COMPENSATION.
No. 77 (House Resolution No. 481).
A RESOLUTION
Compensating Mr. R. Glenn Smith; and for other purposes.
WHEREAS, on March 10, 1985, employees of the Rogers
Correctional Institution were burning an area of woods on prop-
erty of the Georgia State Prison in Tattnall County; and
WHEREAS, a fire occurred across a dry creek bed from the
controlled burning and burned approximately 49 acres of land
belonging to Mr. R. Glenn Smith, including 35 acres of newly
planted pine trees; and
WHEREAS, Mr. Smith has suffered property damage total-
ing $1,199.00; and
WHEREAS, the loss occurred through no fault or negligence
on the part of Mr. Smith and it is only fitting and proper that
he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Department of Cor-
rections is authorized and directed to pay the sum of $1,199.00
to Mr. R. Glenn Smith 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 31, 1986.
538
GENERAL ACTS AND RESOLUTIONS, VOL. I
PERPETUAL EASEMENT FOR A LIGHTGUIDE CABLE
UNDER STATE PROPERTY IN DOUGLAS COUNTY.
No. 78 (House Resolution No. 482).
A RESOLUTION
Granting a perpetual easement for construction, operation,
and maintenance of a lightguide cable under property owned
by the State of Georgia in Douglas County, Georgia; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
WHEREAS, the State of Georgia is the owner of certain
real property located in the 18th Land District, 2nd Section,
of Douglas County, Georgia, which is in the custody of the De-
partment of Natural Resources and utilized as Sweetwater
Creek State Park; and
WHEREAS, AT&T Communications, Inc., desires to install
a lightguide cable under a portion of said property; and
WHEREAS, this cable under a portion of said property will
be beneficial both to the State of Georgia and AT&T Communica-
tions, Inc.
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, herein referred to as the
"easement area, and that, in all matters relating to the ease-
ment 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, may grant to AT&T Communi-
cations, Inc., its successors and assigns, a perpetual easement
for the construction, operation, and maintenance of a lightguide
cable under the easement area for the purpose of constructing,
erecting, operating, maintaining, repairing, and replacing a
lightguide cable, together with the right of ingress and egress
GEORGIA LAWS 1986 SESSION
539
over adjacent land of the State of Georgia as may be reasonably
necessary to accomplish the aforesaid purposes. Said easement
area is located in the 18th Land District, 2nd Section, Douglas
County, Georgia, and is more particularly described as follows:
All or part of that parcel or tract of land measuring
approximately 1.7 feet by 16 1/2 feet, containing 27.7 square
feet, as shown outlined on a certain plat of survey entitled
"Plat and Certificate of Survey made for AT&T Communica-
tions, Inc., of property lying in part of Land Lot 804 - 18th
District - 2nd Section - Douglas County, Georgia, pre-
pared by R. A. Hathaway, Georgia Registered Land Surve-
yor No. 1550, dated December 10, 1985, on file in the office
of the State Properties Commission.
Section 3. That the above-described premises shall be used
solely for the purpose of planning, constructing, installing, main-
taining, inspecting, and operating an underground communica-
tions cable.
Section 4. That AT&T Communications, Inc., shall not per-
mit any person except AT&T Communications, Inc., employees,
contractors, and agents to enter upon the premises and then
only for the purposes and to the extent contemplated herein.
Section 5. That, after AT&T Communications, Inc., has
constructed and put into use the lightguide cable for which this
easement is granted, a subsequent abandonment of the use
thereof shall cause a reversion to the State of Georgia, its succes-
sors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, AT&T Communi-
cations, Inc., 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 6. That the easement granted to AT&T Communi-
cations, Inc., 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 uti-
lized by the State Properties Commission describes the same
easement area herein granted.
540
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 7. That the consideration for such easement shall
be $1,500.00 and the mutual benefit to the parties from the
construction, operation, and maintenance of said lightguide ca-
ble.
Section 8. That the State Properties Commission is autho-
rized and empowered to do all acts and things necessary and
proper to effect the grant of the easement area.
Section 9. That this resolution shall become effective as
law immediately upon its approval by the Governor or upon
its becoming law without such approval.
Section 10. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
CONVEYANCE OF THE STATES INTEREST IN A 99 YEAR
LEASE AGREEMENT OF PROPERTY IN HAMILTON
COUNTY, TENNESSEE.
No. 79 (House Resolution No. 507).
A RESOLUTION
Authorizing the conveyance of the State of Georgias interest
in a 99 year Lease Agreement of certain state owned real prop-
erty located in Hamilton County, Tennessee; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain
real property located in Hamilton County, Tennessee, which
property was formerly a part of the Western and Atlantic Rail-
GEORGIA LAWS 1986 SESSION
541
road now owned by the State of Georgia and which property
is currently under the jurisdiction of the State Properties Com-
mission; and
WHEREAS, the property is currently being leased to the
United States of America for use as an office building until
October 31, 2049, pursuant to an Act of the General Assembly
of Georgia approved March 28, 1935, as amended by an Act
of the General Assembly of Georgia approved February 16,1950;
and
WHEREAS, certain parties are interested in obtaining this
property for developmental purposes which are supported by
the City of Chattanooga; and
WHEREAS, said property is described as follows:
Beginning at the southeast corner of the intersection of
Market and Eleventh Streets; thence with the south line
of Eleventh Street in an easterly direction 179.39 feet to a
point; thence, turning a deflection angle of 89 degrees 41'
00" to the right and leaving the street line, in a southerly
direction 53.85 feet to a point; thence, turning a deflection
angle of 90 degrees 15' 50" to the right, in a westerly direc-
tion 153.12 feet (computed) to a point in the east line of
Market Street; thence with the east line of Market Street
in a northerly direction 60.18 feet to the point of beginning
where the south line of Eleventh Street makes a deflection
angle of 116 degrees 13' 20" to the right from the east line
of Market Street, the said parcel containing 0.21 acre, more
or less. (Said property will be more particularly described
on a plat of survey presented to the State Properties Commis-
sion by the approved purchaser for approval.)
Being the property acquired by the State of Georgia by
deed from B. R. Montgomery, recorded in Book 14, page
107, in the office of the Register of Hamilton County, Tennes-
see.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED
BY THE GENERAL ASSEMBLY OF GEORGIA:
542 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. That the State of Georgia is the owner of the
above-described real property and that, in all matters relating
to the conveyance of the real property, the State of Georgia is
acting by and through the State Properties Commission.
Section 2. That the State Properties Commission is autho-
rized to convey all of the State of Georgias interest in the above-
described Lease Agreement of the above-described property, by
sale for a consideration not less than the fair market value to
a purchaser or purchasers upon such terms and conditions as
the State Properties Commission shall in its discretion deter-
mine to be in the best interests of the State of Georgia.
Section 3. That the State Properties Commission is autho-
rized and empowered to do all acts and things necessary and
proper to effect such conveyance.
Section 4. That, for purposes of compliance with the provi-
sions of paragraph (4) of subsection (b) of Code Section 50-16-
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, a plat of the property, the
conveyance of which is authorized by this resolution, approved
by the State Properties Commission, shall constitute an accepta-
ble 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.
Section 6. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
543
SOUTHERN RAILWAY COMPANY MODIFICATION OF
LEASE; SELF INSURANCE.
No. 80 (House Resolution No. 512).
A RESOLUTION
To amend a resolution (Res. Act No. 272) providing for the
acceptance of a bid of Southern Railway Company for the lease
of certain state owned property in Fulton County, Georgia, ap-
proved April 7, 1972 (Ga. L. 1972, p. 1276), so as to authorize
the State of Georgia, acting by and through the State Properties
Commission, to modify or amend the lease agreement with
Southern Railway Company in order to permit Southern Rail-
way Company to insure the improvements on such property
through a self-insurance plan under such terms and conditions
as approved by both parties; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA and it is hereby enacted by the authority of the same
that the resolution (Res. Act No. 272) providing for the accep-
tance of a bid of Southern Railway Company for the lease of
certain state owned property in Fulton County, approved April
7, 1972 (Ga. L. 1972, p. 1276), is amended as follows:
Section 1. The State of Georgia, acting by and through
the State Properties Commission, is authorized to modify or
amend this lease agreement with Southern Railway Company
in order to permit Southern Railway Company to insure the
improvements on such property through a self-insurance plan
under such terms and conditions as approved by both parties.
Such amendment or modification of this lease shall be made
in compliance with the provisions of Article XIII, Item 75. of
said lease.
Section 2. This resolution shall become effective upon its
approval by the Governor or upon its becoming law without
such approval.
Section 3. All laws and parts of laws in conflict with this
resolution are repealed.
Approved March 31, 1986.
544
GENERAL ACTS AND RESOLUTIONS, VOL. I
PERPETUAL EASEMENT FOR A LIGHTGUIDE CABLE
UNDER STATE PROPERTY IN BIBB COUNTY.
No. 81 (House Resolution No. 514).
A RESOLUTION
Granting a perpetual easement for construction, operation,
and maintenance of a lightguide cable under property owned
by the State of Georgia in Bibb County, Georgia; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
WHEREAS, the State of Georgia is the owner of certain
real property located in Land Lot 156, 4th Land District of Bibb
County, Georgia, which is in the custody of the Department
of Agriculture and utilized as Macon Farmers Market; and
WHEREAS, AT&T Communications, Inc., desires to extend
a lightguide cable line under a portion of said property; and
WHEREAS, this lightguide cable under a portion of said
property will be beneficial both to the State of Georgia and
AT&T Communications, Inc.
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, herein referred to as the
"easement area, and that, in all matters relating to the ease-
ment 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, may grant to AT&T Communi-
cations, Inc., its successors and assigns, a perpetual easement
for the construction, operation, and maintenance of a lightguide
cable under the easement area for the purpose of constructing,
GEORGIA LAWS 1986 SESSION
545
erecting, operating, maintaining, repairing, and replacing a
lightguide cable, 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 Land Lot 156,4th Land District of Bibb County,
Georgia, and is more particularly described as follows:
That portion and that portion only that is shown and
delineated in red on a drawing containing approximately
.513 acre, a copy of which is on file in the office of the State
Properties Commission.
Section 3. That the above-described premises shall be used
solely for the purpose of planning, constructing, installing, main-
taining, inspecting, and operating an underground communica-
tions cable.
Section 4. That AT&T Communications, Inc., shall not per-
mit any person except AT&T Communications, Inc., employees,
contractors, and agents to enter upon the premises and then
only for the purposes and to the extent contemplated herein.
Section 5. That AT&T Communications, Inc., shall have
the right to remove from said easement area only such trees
and bushes as may be reasonably necessary for the proper con-
struction, operation, and maintenance of said lightguide cable.
Section 6. That, after AT&T Communications, Inc., has
constructed and put into use the lightguide cable for which this
easement is granted, a subsequent abandonment of the use
thereof shall cause a reversion to the State of Georgia, its succes-
sors and assigns, of all the rights, title, privileges, powers, and
easement granted herein. Upon abandonment, AT&T Communi-
cations, Inc., 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 7. That no title shall be conveyed to AT&T Com-
munications, Inc., and, except as herein specifically granted to
546
GENERAL ACTS AND RESOLUTIONS, VOL. I
AT&T Communications, Inc., 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 AT&T Communications, Inc.
Section 8. That the easement granted to AT&T Communi-
cations, Inc., 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 uti-
lized by the State Properties Commission describes the same
easement area herein granted.
Section 9. That the consideration for such easement shall
be $3,000.00 and the mutual benefit to the parties from the
construction, operation, and maintenance of said lightguide ca-
ble.
Section 10. That the State Properties Commission is au-
thorized and empowered to do all acts and things necessary
and proper to effect the grant of the easement area.
Section 11. That this resolution shall become effective as
law immediately upon its approval by the Governor or upon
its becoming law without such approval.
Section 12. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
547
CONVEYANCE OF STATE OWNED PROPERTY TO THE
PULASKI DEVELOPMENT COMPANY, INC.
No. 82 (House Resolution No. 519).
A RESOLUTION
Authorizing the conveyance of certain state owned real prop-
erty located in Hawkinsville, Pulaski County, Georgia, to the
Pulaski Development Company, Inc.; 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 Hawkinsville, Pulaski
County, Georgia; and
WHEREAS, said real property is described as:
All that tract or parcel of land lying and being in the
corporate limits of the City of Hawkinsville, Pulaski County,
Georgia, and described according to a plat thereof made by
T. L. Ellis, C. E., on March 22,1950, as follows, to wit: begin
at the east intersection of Sixth and Lovejoy Streets, and
run thence along the margin of Lovejoy Street south 43 de-
grees 15' east six hundred sixteen (616) feet to a stake;
thence north 46 degrees 45' east, seven hundred four (704)
feet to a stake; thence south 87 degrees 45' west along Sixth
Street nine hundred thirty (930) feet to the point of begin-
ning, said tract containing 4.98 acres, and being a portion
of the same property as that described in a deed recorded
in Deed Book 37, page 77, Pulaski County, Georgia, records;
and
WHEREAS, the State of Georgia currently has transferred
the custody and management of the above-described property
and improvements thereon to the Department of Defense for
use as a Georgia National Guard Armory; and
WHEREAS, this property was conveyed to the State of Geor-
gia for the above-mentioned use from Pulaski County on March
22, 1950, for a consideration of $10.00; and
548
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the above-described real property is no longer
needed by the State of Georgia and is, therefore, surplus; and
WHEREAS, the Pulaski Development Company, Inc., is desi-
rous of obtaining all of the above-described real property for
use in promoting industrial development in Pulaski County.
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 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 said real property by appropriate instrument to Pula-
ski Development Company, Inc., for a consideration of $10.00
and upon such other terms and conditions as shall be prescribed
by the State Properties Commission.
Section 3. That, for purposes of compliance with the provi-
sions of paragraph (4) of subsection Ob) of Code Section 50-16-
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 of the property,
the conveyance of which is authorized by this resolution, cur-
rently on file with the State Properties Commission, shall consti-
tute an acceptable plat for filing with the Secretary of State.
Section 4. That this resolution shall become effective upon
its approval by the Governor or upon its becoming law without
such approval and in accordance with the provisions hereof.
Section 5. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
549
CONVEYANCE TO THE BROOKS COUNTY BOARD OF
COMMISSIONERS.
No. 83 (House Resolution No. 572).
A RESOLUTION
Authorizing the conveyance of certain state owned real prop-
erty located in Brooks County, Georgia, to the Brooks 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 Brooks County, Georgia; and
WHEREAS, said real property is described as: "Part of lot
of land No. 345 containing approximately 2.6 acres in the 12th
land district of Brooks County, Georgia, more particularly de-
scribed as follows: Commencing at the southwest corner of the
intersection of Johnson Short road with the new Quitman-Madi-
son Highway which is a part of State Route #33 and running
thence in a southerly direction along the west side of the Quit-
man-Madison Highway 100 yards, thence westerly parallel with
Johnson Short road 100 yards, thence northerly parallel with
the Quitman-Madison Highway 100 yards to the south side of
Johnson Short road, thence easterly along the south side of
said road to point of beginning, said tract being in the shape
of a parallelogram.; and
WHEREAS, this property was conveyed to the State of Geor-
gia by Brooks County in November of 1958 for a consideration
of $1.00; and
WHEREAS, the said real property is no longer needed by
the State Forestry Commission or the State of Georgia and is,
therefore, surplus; and
WHEREAS, the board of commissioners of Brooks County
is desirous of obtaining all of the above-described real property
to be used as a portion of a proposed county landfill.
550 GENERAL ACTS AND RESOLUTIONS, VOL. I
NOW, THEREFORE, BE IT RESOLVED AND ENACTED
BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the
above-described real property and that, in all matters relating
to the conveyance of the real property, the State of Georgia is
acting by and through the State Properties Commission.
Section 2. That the above-described real property shall
be conveyed by appropriate instrument to the board of commis-
sioners of Brooks County by the State of Georgia, acting by
and through the State Properties Commission, for a consider-
ation 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 3. That, for the purposes of compliance with the
provisions of paragraph (4) of subsection (b) of Code Section
50-16-122 of the O.C.G.A. 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 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 4. That this resolution shall become effective upon
its approval by the Governor or upon its becoming law without
such approval and in accordance with the provisions hereof.
Section 5. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
551
LOWNDES COUNTY CONVEYANCE OF STATE
PROPERTY TO THE BOARD OF COMMISSIONERS.
No. 84 (House Resolution No. 586).
A RESOLUTION
Authorizing the conveyance of certain state owned real prop-
erty located in Lowndes County, Georgia, to the Lowndes 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 Lowndes County, Georgia; and
WHEREAS, said real property is described as:
"All that tract or parcel of land situated, lying and being
located in Land Lot 197 of the 11th Land District of Lowndes
County, Georgia and more particularly described as follows:
As a point of reference only begin at the intersection of
the centerline of Tower Road (40' Prescriptive R/W) with
the north margin of R/W of Georgia State Route 38 (100'
R/W); thence proceed along the north margin of R/W of
Ga. St. Rt. 38 S64 degrees 13' 20"W, 613.91' to an iron pin
marking the POINT OF BEGINNING; thence continue along
said R/W S64 degrees 13' 20"W, 525.90' to an iron pin located
on the west land lot line of Land Lot 197; thence leaving
said R/W and running along said Land Lot Line N00 degrees
00' 55"W, 396.14' to an iron pin; thence N64 degrees 13'
42"E, 353.82' to an iron pin; thence S25 degrees 45' 40"E,
356.73' to an iron pin and the POINT OF BEGINNING.
Tract of land contains 3.6024 acres.; and being more particu-
larly described as all that property as shown on a plat of
survey prepared by Georgia registered land surveyor 2005,
Andrew J. Fitzsimons entitled "Property Survey for
Lowndes County; and
WHEREAS, the said real property is no longer needed by
the State Forestry Commission or the State of Georgia and is,
therefore, surplus; and
552 GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the Board of Commissioners of Lowndes County
is desirous of obtaining all of the above-described real property
to be used for a waste disposal area and roadside park.
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 above-described real property shall
be conveyed by appropriate instrument to the Board of Commis-
sioners of Lowndes County by the State of Georgia, acting by
and through the State Properties Commission, for a consider-
ation 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 3. That, for the purposes of compliance with the
provisions of paragraph (4) of subsection (b) of Code Section
50-16-122 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 of
the property, the conveyance of which is authorized by this
resolution, currently on file with the State Properties Commis-
sion, shall constitute an acceptable plat for filing with the Secre-
tary of State.
Section 4. That this resolution shall become effective upon
its approval by the Governor or upon its becoming law without
such approval and in accordance with the provisions hereof.
Section 5. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
553
ACCEPTANCE OF BID OF CHARLES ALLEN FIELDS FOR
PURCHASE OF STATE PROPERTY IN FRANKLIN COUNTY.
No. 85 (House Resolution No. 587).
A RESOLUTION
Accepting the bid of Charles Allen Fields for the purchase
of real property owned by the State of Georgia and located in
Franklin County, Georgia; to provide an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain
real property located in Franklin County, Georgia; and
WHEREAS, said real property is described as follows:
All that tract or parcel of land lying and being in 370th
District, G. M. of Franklin County, Georgia, containing
0.7548 acre, bounded on the north by right-of-way of U.S.
Highway No. 29, running between Royston, Georgia, and
Athens, Georgia; on the east by lands now or formerly of
Joe Bryant; on the south by lands now or formerly of Martin
Neal; and on the west by lands now or formerly of Martin
Neal, more particularly described as follows:
BEGINNING at an iron pin corner on the south side
of the right-of-way of U. S. Highway No. 29 where property
herein described corners with property now or formerly of
Joe Bryant and running thence with property now or for-
merly of Joe Bryant south 10 degrees 15 minutes west a
distance of 312 feet to an iron pin corner; thence running
with property now or formerly of Martin Neal south 87 de-
grees west a distance of 102.72 feet to an iron pin corner;
thence continuing with property now or formerly of Martin
Neal north 10 degrees 15 niinutes east a distance of 345.7
feet to an iron pin corner on the south side of the right-of-
way of U. S. Highway 29 south 73 degrees 58 minutes east
a distance of 100.5 feet to the point of beginning. The above
described property is fully described by a plat of survey pre-
pared by J. B. Stephenson, County Surveyor, Franklin
County, Georgia, on November 13, 1962, a copy of said plat
554
GENERAL ACTS AND RESOLUTIONS, VOL. I
being recorded in Plat Book No. 3, page 279, records of Frank-
lin County, Georgia, and said plat and the record thereof
are by reference incorporated herein as a part hereof;
and
WHEREAS, custody of the said real property is vested in
the State Properties Commission; and
WHEREAS, the said real property is no longer useful to
or needed by the State of Georgia and is, therefore, surplus;
and
WHEREAS, under the provisions of subsection (b) of Code
Section 50-16-39 of the O.C.G.A., the commission advertised the
sale of the said real property through public competitive bidding;
and
WHEREAS, Charles Allen Fields made a bid thereon in the
amount of $72,136.00; and
WHEREAS, on December 18, 1985, the commission deter-
mined and announced the said bid to be the most advantageous
to the State of Georgia; and
WHEREAS, as required by subsection (d) of Code Section
50-16-39 of the O.C.G.A., the prospective purchaser has signed
four counterparts of the proposed contract of sale; and
WHEREAS, an exact copy of the proposed contract of sale
and deed is attached to, incorporated in, and by this reference
made a part of this resolution; and
WHEREAS, the General Assembly has carefully considered
the said bid and has determined that it should be accepted.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED
BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the said bid and the proposed contract
of sale are hereby accepted.
Section 2. That, under the provisions of subsection (g) of
Code Section 50-16-39 of the O.C.G.A., the chairman of the com-
GEORGIA LAWS 1986 SESSION
555
mission, in his capacity as Governor of the state, shall execute
the contract of sale for and on behalf of and in the name of
the state and shall implement a conveyance of the said real
property according to the terms of the contract of sale.
Section 3. That the chairman of the commission, in his
capacity as Governor of the state, or at his direction the execu-
tive director of the commission, is authorized and empowered
to execute all documents and to perform all other acts as are
reasonably necessary to implement the said conveyance.
Section 4. That, for purposes of compliance with the provi-
sions of paragraph (4) of subsection (b) of Code Section 50-16-
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, a copy of the plat referenced
in the legal description in the proposed contract of sale attached
to this resolution 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 such approval.
Section 6. That all laws and parts of laws in conflict with
this resolution are repealed.
STATE OF GEORGIA, SPC 85-7-042
COUNTY OF FULTON:
Contract of Sale
This Contract Of Sale, hereinafter referred to as "Agreement,
is made and entered into by and between the State of Georgia,
Party of the First Part, whose business address in c/o Executive
Director, State Properties Commission, Post Office Box 38121,
Capitol Hill Station, Atlanta, Georgia, 30334, hereinafter some-
times referred to as "Seller, and Charles Allen Fields, Party
of the Second Part, whose address is Route 3, Box 15, Royston,
Georgia 30662 hereinafter sometimes referred to as "Pur-
chaser.
556
GENERAL ACTS AND RESOLUTIONS, VOL. I
WITNESSETH THAT:
WHEREAS, the State of Georgia is the owner of certain
real property situate in Franklin County, Georgia (hereinafter
referred to as the "real property), and being more particularly
described in EXHIBIT "A attached hereto, incorporated in and
by reference made a part hereof, and in EXHIBIT "A of the
form of Quitclaim Deed attached hereto, incorporated in and
by reference made a part of this Agreement; and
WHEREAS, the State Properties Commission, hereinafter
sometimes referred to as the "Commission, advertised the sale
of the real property through public competitive bidding; and
WHEREAS, the Purchaser herein made a Bid thereon, and
the Commission, at its meeting on December 18, 1985, deter-
mined and announced the said Bid to be the most advantageous
to the State of Georgia; and
WHEREAS, by a constitutional majority vote in each house,
both the House of Representatives and the Senate, in the 1986
Regular Session of the General Assembly of the State of Georgia,
have adopted (passed) Resolution Act No. ______(________
Resolution No._________) ("said Resolution), authorizing and
directing the execution and implementation of this Agreement
by the State of Georgia; and
WHEREAS, the Governor of the State of Georgia approved
the said Resolution on_______________ ________________
, 19________
NOW, THEREFORE, in consideration of the above-stated
premises, and of the mutual and several covenants of the parties
hereto, it is agreed as follows:
1.
Conveyance Of Title Of Real Property
Seller agrees to convey to Purchaser title to the real property
by a deed essentially in the form and content of the attached
form of Quitclaim Deed within seventy (70) calendar days after
the date of execution of this Agreement by Purchaser. Purchaser
agrees that it will accept delivery of said Quitclaim Deed ten-
dered by Seller and will simultaneously pay to Seller the pur-
GEORGIA LAWS 1986 SESSION
557
chase price as set forth in the paragraph numbered 2 below
within ten (10) calendar days (which 10 calendar days are within
the aforesaid 70 calendar days) after written notice from Seller
of Sellers readiness to tender delivery of the Quitclaim Deed
to Purchaser.
2.
Payment Of Purchase Price
Purchaser agrees to pay to Seller for the real property the
purchase price of Seventy-Two Thousand One Hundred
Thirty-Six and 00/100 Dollars ($72,136.00), to be paid in cash
or by certified or cashiers check (drawn on a United States
National Bank or a State (of Georgia) chartered Bank and made
payable to the order of the "State of Georgia) at the time of
the tender of delivery by Seller to Purchaser of the Quitclaim
Deed. The Purchaser has submitted to the Seller, receipt and
acceptance whereof are hereby acknowledged by Seller, a certi-
fied or cashiers check in the amount of Fourteen Thousand
Four Hundred Twenty-Seven and Twenty One-hundreds
Dollars ($14,427.20), which was submitted along with the Bid
of Purchaser. It is hereby agreed by and between the parties
hereto that the aforesaid submitted sum is to be applied as
part payment of the purchase price of the real property at the
consummation of this sale; and if the sale is not consummated
due to Purchasers default then and in that event, Seller shall
retain the aforesaid submitted sum and shall apply it as fixed
and liquidated damages caused by the Purchasers default. In
the event the sale in not consummated for reason(s) other than
the default of Purchaser, the aforesaid submitted sum shall be
returned to the Purchaser.
3.
Entry Upon Premises
Seller hereby gives to Purchaser and his agents and repre-
sentatives the right to enter upon the real property at any time
for purposes of making appraisals, soil tests, borings, surveys
and inspections. Purchaser will indemnify and hold Seller harm-
less from any loss or liability resulting therefrom.
4.
Examination Of Title By Purchaser
Purchaser shall have sixty (60) calendar days, commencing
on the day following the date of service of written notice from
558
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Commission of its acceptance of his Bid, within which to
examine the title to the real property and to determine whether
the State of Georgia is vested with marketable title thereto,
with the right to convey the same free and clear of: 1. any
and all past due property taxes, if any, which are applicable
to the real property and which are legally enforceable against
the Seller; and 2. legally valid, eligible to record and enforceable,
against the Seller, liens, encumbrances, encroachments, and
past due special assessments, any of the foregoing (1. or 2.) of
which may be deemed by the Purchaser to constitute a defect
in the marketability of the title. If there be no such defects,
Purchaser shall forthwith notify in writing the Seller that there
are no such defects and that the Purchaser accepts the title
of the Seller. If there are any defects, Purchaser shall mail to
the Seller, within the said sixty (60) calendar days, a dated and
originally signed copy of an examining attorneys certificate of
title or a dated and originally signed copy of an interim title
insurance commitment, rendered by a responsible title insur-
ance company, specifying in detail any such defects in the mar-
ketability of the title. After receipt of said attorneys certificate
of title or interim title insurance commitment, Seller shall exer-
cise good faith and due diligence to correct any such defects
prior to the expiration of the time (90 calendar days after the
date of execution of this agreement by Purchaser) within which
the purchase price must be paid by the Purchaser to the Seller.
If the Seller shall not correct such defects in a timely manner
and the Purchaser shall not elect by notice in writing to the
Seller to waive the same, the Purchaser shall have the option
of terminating this Agreement by giving notice of his election
so to do in writing to the Seller. Under the foregoing circum-
stances (Seller not timely correcting any such defects in the
title) it is hereby agreed by and between the Seller and the
Purchaser, as a further part of the consideration of bidding
on and purchasing of the said real property, that a suit for
damages or specific performance will not lie or be brought
against the Seller by the Purchaser nor shall the Purchaser
be entitled to a reduction in the purchase price of the real prop-
erty. However, nothing herein contained shall be construed to
require the Purchaser to accept other than a marketable title,
free and clear of any such aforesaid defects in title. Marketabil-
ity of title will be determined in accordance with the State Bar
of Georgia Title Standards.
GEORGIA LAWS 1986 SESSION
559
5.
Taxes And Assessments
The duty and liability to pay all taxes, special assessments,
if any, for the year in which this sale is consummated, outstand-
ing liabilities to public utilities, or any other outstanding liabil-
ity on the public records of Franklin County, Georgia, which
are or may become liens on the real property shall be assumed
by Purchaser.
6.
Risk Of Loss
Prior to delivery of the Quitclaim Deed, the risk of damage
to the real property by fire or other casualty is hereby expressly
assumed by Seller. Should the said real property be damaged
by fire or other casualty prior to delivery of the Quitclaim Deed,
then at the election of Purchaser:
(a) this Agreement may be terminated; or
(b) Purchaser may elect to consummate this sale and re-
ceive as credit toward the purchase price, a sum equal
in amount to any proceeds of insurance as may be paid
to Seller on a claim for the loss or may be allocated
by Seller in payment for the loss under Sellers self-
insurance program.
Such election shall be exercised by Purchasers giving notice
to Seller thereof within ten (10) calendar days after the amount
of Sellers damage is determined. The risk of damage to the
real property by fire or other casualty after delivery of the Quit-
claim Deed is hereby expressly assumed by Purchaser.
7.
Fire And Casualty Insurance
Prior to delivery of the Quitclaim Deed, Seller, free of ex-
pense to Purchaser, shall keep the real property insured to the
full insurable value thereof against damage by fire or other
casualties with a reputable insurance company or companies,
or insured by Sellers insurance program, and shall diligently
pursue the collection of any insurance proceeds due for losses
thereunder accruing prior to delivery of the Quitclaim Deed.
560
GENERAL ACTS AND RESOLUTIONS, VOL. I
8.
Condemnation
If, prior to the consummation of this sale, a suit or declara-
tion of taking for the condemnation of the real property or any
part thereof shall be filed in a court of competent jurisdiction,
or if the real property or any part thereof is otherwise acquired
for public purposes or if access to the real property shall be
restricted or denied as a result of the filing of a suit in eminent
domain, Purchaser shall have the option of terminating this
Agreement by giving notice to Seller of his election so to do
within ten (10) calendar days of written notice by Seller to Pur-
chaser of such an event. If Purchaser elects not to terminate
this Agreement, the purchase price set forth in the paragraph
numbered 2 above shall not be reduced or diminished and any
award or compensation paid to Seller prior to consummation
of this sale shall be and remain the sole property of Seller.
9.
Notices
All notices to be given hereunder shall be in writing and
shall be given by depositing the notice in Certified Mail - Return
Receipt Requested, postage prepaid in an envelope addressed
to the party to be notified at such partys address as herein
set forth. The Sender of said written notice shall request the
United States Postal Service to "Show to whom, date and ad-
dress of delivery of said written notice. The day upon which
such notice is so mailed shall be treated as the date of service.
10.
Continuity
All of the terms, conditions, provisions and stipulations con-
tained in this Agreement shall be binding upon and inure to
the benefit of the parties hereto, their respective heirs, personal
representatives, successors and assigns.
11-
Exclusive Agreement
This Agreement represents the complete and exclusive
agreement between the parties hereto.
IN WITNESS WHEREOF, Purchaser has caused this Agree-
ment to be executed this 12th day of December, 1985.
GEORGIA LAWS 1986 SESSION
561
INDIVIDUAL(S)
________Charles Allen Fields_______
(Signature)
Name: Charles Allen Fields___
Type Or Print
Address:______Route 3, Box 15______
Type Or Print
Royston, Georgia 30662
Type Or Print
Telephone Number Including Area Code:
____________404-245-8936___________
Type Or Print
Name:
(Signature)
Type Or Print
Address:______________________
Type Or Print
Type Or Print
Telephone Number Including Area Code:
Type Or Print
(Signature)
Official Witness, Notary Public
562
GENERAL ACTS AND RESOLUTIONS, VOL. I
Date Of My Execution As Notary:
My Commission Expires:
(Notary Public Seal Affixed Here)
IN WITNESS WHEREOF, Seller has caused this instrument
to be executed this____day of___________, 19__
STATE OF GEORGIA
BY: __________________________L.S.
Governor Joe Frank Harris
ATTEST:________________________L.S.
Secretary of State
Max Cleland
(Seal of The State Of
Georgia Affixed Here)
Signed, sealed and delivered in our
presence on the following date of
execution by the notary:
Unofficial Witness
Official Witness, Notary Public
Date of My Execution As Notary:
My Commission Expires:
Legal Description
All that tract or parcel of land lying and being in 370th
District, G. M. of Franklin County, Georgia, containing 0.7548
acre, bounded on the north by right-of-way of U.S. Highway
No. 29, running between Royston, Georgia, and Athens, Georgia;
on the east by lands now or formerly of Joe Bryant; on the
south by lands now or formerly of Martin Neal; and on the
west by lands now or formerly of Martin Neal, More particularly
described as follows:
GEORGIA LAWS 1986 SESSION
563
BEGINNING at an iron pin corner on the south side of the
right-of-way of U. S. Highway No. 29 where property herein
described corners with property now or formerly of Joe Bryant
and running thence with property now or formerly of Joe Bryant
south 10 degrees 15 minutes west a distance of 312 feet to an
iron pin corner; thence running with property now or formerly
of Martin Neal south 87 degrees west a distance of 102.72 feet
to an iron pin corner; thence continuing with property now or
formerly of Martin Neal north 10 degrees 15 minutes east a
distance of 345.7 feet to an iron pin corner on the south side
of the right-of-way of U. S. Highway 29 south 73 degrees 58
minutes east a distance of 100.5 feet to the point of beginning.
The above described property is fully described by a plat of
survey prepared by J. B. Stephenson, County Surveyor, Franklin
County, Georgia, on November 13, 1962, a copy of said plat
being recorded in Plat Book No. 3, page 279, records of Franklin
County, Georgia, and said plat and the record thereof are by
reference incorporated herein as a part hereof.
EXHIBIT "A
STATE OF GEORGIA, SPC 85-7-042
COUNTY OF FULTON:
QUITCLAIM DEED
THIS QUITCLAIM DEED is made and entered into this__
day of__________, 19___, by and between the STATE OF
GEORGIA, whose address is c/o Executive Director, State Prop-
erties Commission, Post Office Box 38121, Capitol Hill Station,
Atlanta, Georgia 30334, Party of the First Part, hereinafter
sometimes referred to as "Grantor, and Charles Allen Fields,
whose address is Route 3, Box 15, Royston, Georgia 30662,
Party of the Second Part, hereinafter referred to as "Grantee.
WITNESSETH THAT:
WHEREAS, the State of Georgia is the owner of certain
real property situate in Franklin County, Georgia (hereinafter
referred to as the "real property), being more particularly de-
scribed in EXHIBIT "A attached hereto, incorporated herein
and by this reference made a part hereof; and
WHEREAS, The State Properties Commission, hereinafter
sometimes referred to as the "Commission, advertised the sale
of the real property through public competitive bidding; and
564
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the Grantee herein made a Bid thereon, and
the Commission, at its meeting on December 18, 1985, deter-
mined and announced the said Bid to be the most advantageous
to the State of Georgia; and
WHEREAS, by a constitutional majority vote in each house,
both the House of Representatives and the Senate, in the 1986
Regular Session of the General Assembly of the State of Georgia,
have adopted (passed), Resolution Act No. ______ (______
Resolution No._________) ("said Resolution), authorizing and
directing the conveyance of the real property to the Grantee
herein; and
WHEREAS, the General Assembly declared in said Resolu-
tion that custody of said real property is vested in the Commis-
sion; and
WHEREAS, the General Assembly declared further in said
Resolution that the said real property is no longer useful to
or needed by the State of Georgia and is therefore surplus; and
WHEREAS, the Governor of the State of Georgia approved
the said Resolution on__________________________________,
19________
NOW, THEREFORE, the Grantor, for and in consideration
of the sum of SEVENTY TWO THOUSAND ONE HUNDRED
THIRTY SIX and 00/100 DOLLARS ($72,136.00) in hand paid,
the mutual and several covenants contained herein, receipt and
sufficiency whereof are hereby acknowledged, has remised, con-
veyed and forever QUITCLAIMED, and by these presents does
remise, convey and forever QUITCLAIM unto the Grantee all
the right, title, interest, claim or demand which the Grantor
has or may have had in and to all that tract or parcel of land
more particularly described in EXHIBIT "A attached hereto
and by reference incorporated herein and made a part hereof.
It is agreed by and between the parties hereto that as a
part of the consideration the real property is conveyed by the
Grantor subject to all easements, deeds of conveyance, existing
tax liabilities, existing special assessments, grants of right or
privilege, or any other use whether visible or not which might
be revealed by an inspection and investigation of the real prop-
erty hereby conveyed or of the laws of the State of Georgia or
GEORGIA LAWS 1986 SESSION
565
of the records of the public utility companies doing business
in Franklin County, Georgia or of the public records of Franklin
County, Georgia.
TO HAVE AND TO HOLD the said described real property
to the Grantee, so that neither the Grantor nor any person or
persons claiming under the Grantor shall at any time, by any
means or ways, have, claim or demand any right or title to
said real property or appurtenances, or any rights thereof.
IN WITNESS WHEREOF, the Grantor has caused these
presents to be signed, sealed and delivered by the Chairman
of the Commission, in his capacity as Governor of the State of
Georgia, for and on behalf of and in the name of the State of
Georgia, the same being attested to by the Secretary of the
Commission in his capacity as Secretary of State of the State
of Georgia, who have hereunto affixed the Great Seal of the
State of Georgia on the day, month and year first above written.
STATE OF GEORGIA
BY:____________________L.S.
Governor Joe Frank
Harris
ATTEST:________________L.S.
Secretary of
State
Max Cleland
(GREAT SEAL OF THE STATE OF
GEORGIA AFFIXED HERE)
Signed, sealed and delivered
in our presence on the
following date of execution
by the notary:
Unofficial Witness
Official Witness, Notary Public
566
GENERAL ACTS AND RESOLUTIONS, VOL. I
Date of My Execution As Notary:
My Commission Expires:
Legal Description
All that tract or parcel of land lying and being in 370th
District, G. M. of Franklin County, Georgia, containing 0.7548
acre, bounded on the north by right-of-way of U.S. Highway
No. 29, running between Royston, Georgia, and Athens, Georgia;
on the east by lands now or formerly of Joe Bryant; on the
south by lands now or formerly of Martin Neal; and on the
west by lands now or formerly of Martin Neal, More particularly
described as follows:
BEGINNING at an iron pin corner on the south side of the
right-of-way of U. S. Highway No. 29 where property herein
described corners with property now or formerly of Joe Bryant
and running thence with property now or formerly of Joe Bryant
south 10 degrees 15 minutes west a distance of 312 feet to an
iron pin corner; thence running with property now or formerly
of Martin Neal south 87 degrees west a distance of 102.72 feet
to an iron pin corner; thence continuing with property now or
formerly of Martin Neal north 10 degrees 15 minutes east a
distance of 345.7 feet to an iron pin corner on the south side
of the right-of-way of U. S. Highway 29 south 73 degrees 58
minutes east a distance of 100.5 feet to the point of beginning.
The above described property is fully described by a plat of
survey prepared by J. B. Stephenson, County Surveyor, Franklin
County, Georgia, on November 13, 1962, a copy of said plat
being recorded in Plat Book No. 3, page 279, records of Franklin
County, Georgia, and said plat and the record thereof are by
reference incorporated herein as a part hereof.
EXHIBIT "A
Approved March 31, 1986.
GEORGIA LAWS 1986 SESSION
567
BRANTLEY COUNTY CONVEYANCE OF STATE OWNED
REAL PROPERTY TO THE COUNTY.
No. 89 (House Resolution No. 585).
A RESOLUTION
Authorizing the State of Georgia, acting by and through
its State Properties Commission, to convey certain state owned
real property located in Brantley County, Georgia; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
WHEREAS, the State of Georgia is the owner of certain
real property located within Brantley County, Georgia; and
WHEREAS, said real property is described as follows:
All that tract or parcel of land, situate, located and being
in Land Lot No. 128 in the 9th Land District of Brantley
County, Georgia, being 55.04 acres, more or less, and being
more particularly described as follows: Beginning at the
point where the centerline of the SCL Railroad tracks from
Waycross to Brunswick intersects the centerline of that cer-
tain Brantley County paved road known as County Road
No. 15, and thence N 08 degrees 54' 00" W a distance of
97.72 feet to a point; thence, N 79 degrees 40' 50" E a dis-
tance of 40.02 feet to a point; thence, N 79 degrees 40'50" E
a distance of 260.03 feet to a point; thence, N 68 degrees
30' 00" E a distance of 390.0 feet to a point, this point being
the point or place of beginning of the herein conveyed prop-
erty; thence, N 13 degrees 15' 00" W a distance of 701.15
feet to a point; thence, S 73 degrees 10' 00" W a distance
of 647.09 feet to a point; thence, N 17 degrees 13' 50" W
a distance of 304.91 feet to a point; thence, N 61 degrees
23' 03" E a distance of 2452.76 feet to a point; thence, S 06
degrees 09' 26" E a distance of275.29 feet to a point; thence,
S 07 degrees 17' 36" E a distance of 442.26 feet to a point;
thence, S 00 degrees 30' 41" E a distance of 183.67 feet to
a point; thence, S 12 degrees 11' 06" E a distance of 160.31
feet to a point; thence, S 05 degrees 13' 46" E a distance
of 390.62 feet to a point; thence, S 34 degrees 53' 42" W
568
GENERAL ACTS AND RESOLUTIONS, VOL. I
a distance of 201.01 feet to a point; thence, S 75 degrees
01' 09" W a distance of 1371.18 feet to a point, this point
being the point or place of beginning of the tract herein
conveyed.
For a more complete description of the tract herein con-
veyed, reference is hereby made to that certain plat prepared
on August 4, 1985, by Harry Strickland, Brantley County
Surveyor, entitled "Survey for Brantley County, which plat
is on file with the State Properties Commission; and
WHEREAS, the State of Georgia purchased the above-de-
scribed property in 1955 from the United States of America
for $1.00; and
WHEREAS, the said real property is no longer needed by
the State Forestry Commission or the State of Georgia and is,
therefore, surplus; and
WHEREAS, the Board of Commissioners of Brantley County
is desirous of obtaining all of the above-described real property
to be used for the development of an industrial tract.
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 a resolution be passed and enacted by the
Congress of the United States releasing the 55.04 acres from
the provisions of a reverter clause in the states deed which
only allows the land to be used for public purposes.
Section 4. That the above-described real property shall
be sold and conveyed by appropriate instrument to Brantley
County by the State of Georgia, acting by and through the State
Properties Commission, for a consideration of $10.00 and upon
such further conditions and provisions as directed by the State
Properties Commission.
GEORGIA LAWS 1986 SESSION
569
Section 5. That, for purposes of compliance with the provi-
sions of paragraph (4) of subsection (b) of O.C.G.A. Section 50-
16-122 requiring that a conveyance of real property by the state
be filed with the Secretary of State and accompanied by a plat
of the property conveyed, the plat of the said real property refer-
enced above shall constitute an acceptable plat for filing with
the Secretary of State.
Section 6. That this resolution shall become effective as
law immediately upon its approval by the Governor or upon
its becoming law without such approval.
Section 7. That all laws and parts of laws in conflict with
this resolution are repealed.
Approved April 1, 1986.
GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY
CREATION.
Code Title 50, Chapter 23 Enacted.
No. 1428 (House Bill No. 1142).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated,
relating to state government, so as to create the Georgia Envi-
ronmental Facilities Authority; to provide for legislative intent;
to provide for the purpose of the authority; to enable the author-
ity to utilize development capital assistance programs of the
United States government and in support of this program to
assist local governments in meeting their environmental facility
needs; to assist local governments so as to benefit the economy
of the local government and of the state; to provide definitions;
to provide for the membership, appointment, and terms of mem-
bers of the authority; to provide for the powers of the authority;
to provide for the issuance of revenue bonds, bonds, notes, obliga-
tions, and evidences of indebtedness by the authority; to provide
570
GENERAL ACTS AND RESOLUTIONS, VOL. I
for certain of the terms which may be contained in instruments
executed by the authority and for limitations and procedures
in connection therewith; to provide that bonds, revenue bonds,
notes, and other obligations issued by the authority shall not
constitute indebtedness of the State of Georgia; to provide that
the state may guarantee the payment of bonds, revenue bonds,
notes, or other obligations of the authority; to provide that the
proceeds of general obligation bonds of the state may be used
to improve authority property; to provide that property of the
authority shall be tax-exempt; to provide for the venue of legal
actions brought against the authority; to provide that certain
funds shall be withheld from local governments upon the hap-
pening of certain events; to provide for other matters relative
to the foregoing; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Anno-
tated, relating to state government, is amended by adding at
the end thereof a new Chapter 23 to read as follows:
"CHAPTER 23
50-23-1. This chapter may be cited as the 'Georgia Envi-
ronmental Facilities Authority Act.
50-23-2. (a) It is found and declared that the availabil-
ity of adequate environmental facilities is an important ele-
ment in the ability of a community to provide for the continu-
ing economic growth and development that provide jobs for
the states citizens. It is also recognized that many communi-
ties lack the financial resources to provide for the needed
facilities that both protect the environment and provide for
such future economic expansion. Financial assistance is an
important aid for the local governments in meeting these
needs and it is declared in the public interest and for the
public benefit and good and is so desired as a matter of legis-
lative intent.
(b) It is the purpose and intent of this chapter to provide
an instrumentality to provide environmental facilities to as-
GEORGIA LAWS 1986 SESSION
571
sist local governments in constructing, extending, rehabili-
tating, repairing, and renewing environmental facilities and
to assist in the financing of such needs by providing grants,
loans, bonds, and other assistance to local governments.
(c) The authority shall receive all assets of the Georgia
Development Authority except those assets received under
the provisions of Public Law 499, Eighty-first Congress, Sec-
ond Session, or funds or assets derived from such funds or
assets. The authority shall be responsible for any contracts,
leases, agreements, or other obligations entered into regard-
ing the environmental facilities projects of the Georgia De-
velopment Authority prior to the creation of the Georgia
Environmental Facilities Authority and the Georgia Envi-
ronmental Facilities Authority is substituted as party to any
such contract, agreement, lease, or other obligation and shall
be responsible for performance thereon as if it had been
the original party and shall be entitled to all benefits and
rights of enforcement by any other parties to such contracts,
agreements, leases, or other obligations.
50-23-3. (a) There is created a body corporate and po-
litic to be known as the Georgia Environmental Facilities
Authority which shall be deemed an instrumentality of the
state and a public corporation; and by that name, style, and
title such body may contract and be contracted with and
bring and defend actions in all courts of this state. The au-
thority shall consist of 11 members: the commissioner of
community affairs, ex officio; the state auditor, ex officio;
the commissioner of industry and trade, ex officio; and eight
members to be appointed by the Governor. Three members
shall be municipal officials, three members shall be county
officials, and two members shall be from the public at large.
Any municipal or county official shall serve only so long
as he remains in office as a municipal or county official.
The Governor shall appoint one municipal official, one
county official, and one at-large member to serve until July
1,1989; and shall appoint two municipal officials, two county
officials, and one at-large member of the authority to serve
until July 1, 1990. After the expiration of these terms, the
terms of all succeeding members shall be for four years.
05) A majority of the members of the authority shall
constitute a quorum. No vacancy on the authority shall im-
572 GENERAL ACTS AND RESOLUTIONS, VOL. I
pair the right of a majority of the appointed members from
exercising all rights and performing all duties of the author-
ity. The members of the authority shall be entitled to and
shall be reimbursed for their actual travel and expenses
necessarily incurred in the performance of their duties and
shall receive the same per diem as do members of the Gen-
eral Assembly. The authority shall make rules and regula-
tions for its own government. The authority shall have per-
petual existence. Any change in the name or composition
of the authority shall in no way affect the vested rights of
any person under this chapter or impair the obligations of
any contracts existing under this chapter. The Attorney Gen-
eral shall provide legal services for the authority and in
connection therewith Code Sections 45-15-13 through 45-15-
16 shall be fully applicable.
(c) The members of the authority shall be accountable
in all respects as trustees. The authority shall keep suitable
books and records of all actions and transactions and shall
submit such books together with a statement of the authori-
tys financial position to an independent auditing firm se-
lected by the authority on or about the close of the states
fiscal year for the purpose of obtaining a certified audit of
the authoritys finances.
(d) The authority is assigned to the Department of Com-
munity Affairs for administrative purposes only.
50-23-4. As used in this chapter, the term:
(1) 'Authority means the Georgia Environmental
Facilities Authority.
(2) 'Bond includes revenue bond, bond, note, or
other obligation.
(3) 'Cost of project or 'cost of any project means:
(A) All costs of acquisition, by purchase or other-
wise, construction, assembly, installation, modifica-
tion, renovation, extension, or rehabilitation incurred
in connection with any project or any part of any
project;
GEORGIA LAWS 1986 SESSION
573
(B) All costs of real property, fixtures, or per-
sonal property used in or in connection with or neces-
sary for any project or for any facilities related
thereto, including but not limited to, the cost of all
land, interests in 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 certifi-
cates; the cost of preparation of any application there-
for; and the cost of all fixtures, machinery, equipment,
furniture, and other property used in or in connection
with or necessary for any project;
(C) All financing charges, bond insurance, and
loan or loan guarantee fees and all interest on reve-
nue bonds, notes, or other obligations of the authority
which accrue or are paid prior to and during the pe-
riod of construction of a project and during such addi-
tional period as the authority may reasonably deter-
mine to be necessary to place such project in opera-
tion;
(D) All costs of engineering, surveying, planning,
environmental assessments, financial analyses, and
architectural, legal, and accounting services and all
expenses incurred by engineers, surveyors, planners,
environmental scientists, fiscal analysts, architects,
attorneys, accountants, and any other necessary tech-
nical personnel in connection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and
trustees for bondholders under any bond resolution,
trust agreement, indenture of trust, or similar instru-
ment or agreement; all expenses incurred by any such
fiscal agents, paying agents, and trustees; and all
other costs and expenses incurred relative to the is-
suance of any bonds, revenue bonds, notes, or other
obligations for any project, including bond insurance;
(G) All fees of any type charged by the authority
in connection with any project;
574 GENERAL ACTS AND RESOLUTIONS, VOL. I
(H) All expenses of or incidental to determining
the feasibility or practicability of any project;
(I) All costs of plans and specifications for any
project;
(J) All costs of title insurance and examinations
of title with respect to any project;
(K) Repayment of any loans for the advance pay-
ment of any part of any of the foregoing costs, includ-
ing interest thereon and any other expenses of such
loans;
(L) Administrative expenses of the authority
and such other expenses as may be necessary or inci-
dental to any project or the financing thereof or the
placing of any project in operation; and
(M) The establishment of a fund or funds for
the creation of a debt service reserve, a renewal and
replacement reserve, or such other funds or reserves
as the authority may approve with respect to the
financing and operation of any project and as may
be authorized by any bond resolution, trust agree-
ment, indenture, or trust or similar instrument or
agreement pursuant to the provisions of which the
issuance of any revenue bonds, notes, or other obliga-
tions of the authority may be authorized.
Any cost, obligation, or expense incurred for any of the
purposes specified in this paragraph shall be a part of
the cost of the project and may be paid or reimbursed
as such out of the proceeds of revenue bonds, notes, or
other obligations issued by the authority.
(4) 'County means any county created under the
Constitution or laws of this state.
(5) 'Environmental facilities means any projects,
structures, and other real or personal property acquired,
rehabilitated, constructed, or planned:
(A) For the purposes of supplying, distributing
and treating water and diverting, channeling, or con-
GEORGIA LAWS 1986 SESSION
575
trolling water flow and head including, but not lim-
ited to, surface or ground water, canals, reservoirs,
channels, basins, dams, aqueducts, standpipes, pen-
stocks, conduits, pipelines, mains, pumping stations,
water distribution systems, compensating reservoirs,
intake stations, water works or sources of water sup-
ply, wells, purification or filtration plants or other
treatment plants and works, connections, water me-
ters, mechanical equipment, electric generating
equipment, rights of flowage or division and other
plant structures, equipment, conveyances, real or per-
sonal property or rights therein and appurtenances,
furnishings, accessories, and devices thereto neces-
sary or useful and convenient for the collection, con-
veyance, distribution, pumping, treatment, storing,
or disposing of water; and
(B) For the purposes of collecting, treating, or
disposing of sewage including, but not limited to,
main, trunk, intercepting, connecting, lateral, outlet,
or other sewers, outfall, pumping stations, treatment
and disposal plants, ground water rechange basins,
backflow prevention devices, sludge dewatering or
disposal equipment and facilities, clarifiers, filters,
phosphorus removal equipment and other plants, soil
absorption systems, innovative systems or equipment,
structures, equipment, vehicles, conveyances, real or
personal property or rights therein, and appurte-
nances thereto necessary or useful and convenient
for the collection, conveyance, pumping, treatment,
neutralization, storing, and disposing of sewage.
(6) 'Environmental services means the provision,
collectively or individually, of water facilities, sewerage
facilities, or management services.
(7) 'Local government or 'local governing authority
means any municipal corporation or county or any local
water or sewer or sanitary district and any state or local
authority, board, or political subdivision created by the
General Assembly or pursuant to the Constitution and
laws of the state.
(8) 'Management services means technical, admin-
istrative, instructional or informational services pro-
576 GENERAL ACTS AND RESOLUTIONS, VOL. I
vided to any current or potential loan recipient in, but
not limited to, the areas of service charge structure; ac-
counting, capital improvements budgeting or financing;
financial reporting, treasury management, debt struc-
ture or administration or related fields of financial man-
agement; contract or grant administration; management
of water or sewer systems; and economic development
administration or strategies. Management services may
be furnished either directly, on-site, or through other
written or oral means of communication and may consist
of reports, studies, presentations, or other analyses of
a written or oral nature.
(9) 'May means permission and not command.
(10) 'Municipal corporation or 'municipality means
any city or town in this state.
(11) 'Obligation means any bond, revenue bond, note,
lease, contract, evidence of indebtedness, debt, or other
obligation of the authority, the state, or local govern-
ments which are authorized to be issued under this chap-
ter or under the Constitution or other laws of this state,
including refunding bonds.
(12) 'Project means the acquisition, construction, in-
stallation, modification, renovation, repair, extension, re-
newal, replacement, or rehabilitation of land, interest
in land, buildings, structures, facilities, or other improve-
ments and the acquisition, installation, modification, ren-
ovation, repair, extension, renewal, replacement, rehabil-
itation, 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 improve-
ment, all for the essential public purpose of providing
environmental facilities and services to meet public
health and environmental standards and to aid the devel-
opment of trade, commerce, industry, agriculture, and
employment opportunities.
(13) 'Revenue bond includes bond, note, or other obli-
gation.
GEORGIA LAWS 1986 SESSION
577
(14) 'Self-liquidating project means any project or
combination of projects if, in the judgment of the author-
ity, the revenues, rents, or earnings to be derived by
the authority therefrom will be sufficient to pay the cost
of maintaining, repairing, and operating the project and
to pay the principal and interest of revenue bonds which
may be issued for the cost of such project, projects, or
combination of projects.
(15) 'Sewerage facility means any environmental fa-
cility described in subparagraph (B) of paragraph (5) of
this Code section, defining 'environmental facilities.
(16) 'Water facility means any environmental facil-
ity described in subparagraph (A) of paragraph (5) of
this Code section, defining 'environmental facilities.
50-23-5. (a) The corporate purpose and the general na-
ture of the business of the Georgia Environmental Facilities
Authority shall be assistance to local governments in con-
structing, extending, rehabilitating, repairing, replacing,
and renewing environmental facilities necessary for public
purposes and commercial, residential, and industrial devel-
opment purposes or necessary or incidental to such purposes
by providing grants, loans, bonds, and other forms of finan-
cial and technical assistance to local governments to finance
any project or pay the cost of any project.
(b) The authority shall have power:
(1) To sue and be sued in all courts of this state,
the original jurisdiction and venue of such actions being
the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts, lease agree-
ments, and all other instruments necessary or convenient
to exercise the powers of the authority or to further the
public purpose for which the authority is created, such
contracts, leases, or instruments to include contracts for
construction, operation, management, or maintenance
of projects and facilities owned by local government, the
578 GENERAL ACTS AND RESOLUTIONS, VOL. I
authority, or by the state or any state authority; and
any and all local governments, departments, institutions,
authorities, or agencies of the state are authorized to
enter into contracts, leases, agreements, or other instru-
ments with the authority upon such terms and to transfer
real and personal property to the authority for such con-
sideration and for such purposes as they deem advisable;
(4) To acquire by purchase, lease, or otherwise and
to hold, lease, and dispose of real or personal property
of every kind and character, or any interest therein, in
furtherance of the public purpose of the authority;
(5) To appoint an executive director who shall be
executive officer and administrative head of the author-
ity. The executive director shall be appointed and serve
at the pleasure of the authority. The executive director
shall hire officers, agents, and employees, prescribe their
duties and qualifications, and fix their compensation, and
perform such other duties as may be prescribed by the
authority. Such officers, agents, and employees shall
serve at the pleasure of the executive director;
(6) To finance projects by loan, loan guarantee,
grant, lease, or otherwise, and to pay the cost of any
project from the proceeds of bonds, revenue bonds, notes,
or other obligations of the authority or any other funds
of the authority or from any contributions or loans by
persons, corporations, partnerships, whether limited or
general, or other entities, all of which the authority is
authorized to receive, accept, and use;
(7) To make loans, through the acquisition of bonds,
revenue bonds, notes, or other obligations, and to make
grants to local governments to finance projects and to
pay the cost of any project by local government and to
adopt rules, regulations, and procedures for making such
loans and grants;
(8) To borrow money to further or carry out its pub-
lic purpose and to issue revenue bonds, notes, or other
obligations to evidence such loans and to execute leases,
trust indentures, trust agreements for the sale of its reve-
GEORGIA LAWS 1986 SESSION
579
nue bonds, notes, or other obligations, loan agreements,
mortgages, deeds to secure debt, trust deeds, security
agreements, assignments, and such other agreements or
instruments as may be necessary or desirable in the judg-
ment of the authority, and to evidence and to provide
security for such loans;
(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 obliga-
tions 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 car-
rying 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;
(10) To collect fees and charges in connection with
its loans, commitments, management services, and ser-
vicing including, but not limited to, reimbursements of
costs of financing, as the authority shall determine to
be reasonable and as shall be approved by the authority;
(11) Subject to any agreement with bondholders, to
invest moneys of the authority not required for immedi-
ate use to carry out the purposes of this chapter, includ-
ing the proceeds from the sale of any bonds and any
moneys held in reserve funds, in obligations which shall
be limited to the following:
(A) Bonds or other obligations of the state or
bonds or other obligations, the principal and interest
of which are guaranteed by the state;
580
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Bonds or other obligations of the United
States or of subsidiary corporations of the United
States government fully guaranteed by such govern-
ment;
(C) Obligations of agencies of the United States
government issued by the Federal Land Bank, the
Federal Home Loan Bank, the Federal Intermediate
Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any pub-
lic housing agency or municipality in the United
States, which bonds or obligations are fully secured
as to the payment of both principal and interest by
a pledge of annual contributions under an annual
contributions contract or contracts with the United
States government, or project notes issued by any
public housing agency, urban renewal agency, or mu-
nicipality in the United States and fully secured as
to payment of both principal and interest by a requisi-
tion, loan, or payment agreement with the United
States government;
(E) Certificates of deposit of national or state
banks located within the state which have deposits
insured by the Federal Deposit Insurance Corpora-
tion or any Georgia deposit insurance corporation and
certificates of deposit of federal savings and loan asso-
ciations and state building and loan associations lo-
cated within the state which have deposits insured
by the Federal Savings and Loan Insurance Corpora-
tion or any Georgia deposit insurance corporation,
including the certificates of deposit of any bank, sav-
ings and loan association, or building and loan associ-
ation acting as depository, custodian, or trustee for
any such bond proceeds; provided, however, that the
portion of such certificates of deposit in excess of the
amount insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insur-
ance Corporation or any Georgia deposit insurance
corporation, if any such excess exists, shall be secured
by deposit with the Federal Reserve Bank of Atlanta,
Georgia, or with any national or state bank located
GEORGIA LAWS 1986 SESSION
581
within the state, of one or more of the following secu-
rities in an aggregate principal amount equal at least
to the amount of such excess:
(i) Direct and general obligations of the state
or of any county or municipality in the state;
(ii) Obligations of the United States or sub-
sidiary corporations included in subparagraph (B)
of this paragraph;
(iii) Obligations of agencies of the United
States government included in subparagraph (C)
of this paragraph; or
(iv) Bonds, obligations, or project notes of
public housing agencies, urban renewal agencies,
or municipalities included in subparagraph (D)
of this paragraph;
(F) Interest-bearing time deposits, repurchase
agreements, reverse repurchase agreements, rate
guarantee agreements, or other similar banking ar-
rangements with a bank or trust company having
capital and surplus aggregating at least $50 million
or with any government bond dealer reporting to,
trading with, and recognized as a primary dealer by
the Federal Reserve Bank of New York having capital
aggregating at least $50 million or with any corpora-
tion which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant
to the requirements of the Bank Holding Company
Act of 1956, provided that each such interest-bearing
time deposit, repurchase agreement, reverse repur-
chase agreement, rate guarantee agreement, or other
similar banking arrangement shall permit the mon-
eys so placed to be available for use at the time pro-
vided with respect to the investment or reinvestment
of such moneys; and
(G) State operated investment pools.
(12) To acquire or contract to acquire from any per-
son, firm, corporation, local government, federal or state
582 GENERAL ACTS AND RESOLUTIONS, VOL. I
agency, or corporation by grant, purchase, or otherwise,
leaseholds, real or personal property, or any interest
therein; and to sell, assign, exchange, transfer, convey,
lease, mortgage, or otherwise dispose of or encumber the
same; and local government is authorized to grant, sell,
or otherwise alienate leaseholds, real and personal prop-
erty, or any interest therein to the authority;
(13) To invest any moneys held in debt service funds
or sinking funds not restricted as to investment by the
Constitution or laws of this state or the federal govern-
ment or by contract not required for immediate use or
disbursement in obligations of the types specified in para-
graph (11) of this subsection, provided that, for the pur-
poses of this paragraph, the amounts and maturities of
such obligations shall be based upon and correlated to
the debt service, which debt service shall be the principal
installments and interest payments, schedule for which
such moneys are to be applied;
(14) To provide advisory, technical, consultative,
training, educational, and project assistance services to
the state and local government and to enter into con-
tracts with the state and local government to provide
such services. The state and local governments are au-
thorized to enter into contracts with the authority for
such services and to pay for such services as may be
provided them;
(15) To make loan commitments and loans to local
government and to enter into option arrangements with
local government for the purchase of said bonds, revenue
bonds, notes, or other obligations;
(16) To sell or pledge any bonds, revenue bonds, notes,
or other obligations acquired by it whenever it is deter-
mined by the authority that the sale thereof is desirable;
(17) To apply for and to accept any gifts or grants
or loan guarantees or loans of funds or property or finan-
cial or other aid in any form from the federal government
or any agency or instrumentality thereof, or from the
state or any agency or instrumentality thereof, or from
GEORGIA LAWS 1986 SESSION
583
any other source for any or all of the purposes specified
in this chapter and to comply, subject to the provisions
of this chapter, with the terms and conditions thereof;
(18) To lease to local governments any authority
owned facilities or property or any state owned facilities
or property which the authority is managing under con-
tract with the state;
(19) To contract with state agencies or any local gov-
ernment for the use by the authority of any property
or facilities or services of the state or any such state
agency or local government or for the use by any state
agency or local government of any facilities or services
of the authority and such state agencies and local govern-
ments are authorized to enter into such contracts;
(20) To extend credit or make loans, including the
acquisition of bonds, revenue bonds, notes, or other obli-
gations to the state, any local government, or other en-
tity, including the federal government, for the cost or
expense of any project or any part of the cost or expense
of any project, which credit or loans may be evidenced
or secured by trust indentures, loan agreements, notes,
mortgages, deeds to secure debt, trust deeds, security
agreements, or assignments, on such terms and condi-
tions as the authority shall determine to be reasonable
in connection with such extension of credit or loans, in-
cluding provision for the establishment and maintenance
of reserve funds; and, in the exercise of powers granted
by this chapter in connection with any project, the au-
thority shall have the right and power to require the
inclusion in any such trust indentures, loan agreement,
note, mortgage, deed to secure debt, trust deed, security
agreement, assignment, or other instrument such provi-
sions or requirements for guaranty of any obligations,
insurance, construction, use, operation, maintenance,
and financing of a project and such other terms and condi-
tions as the authority may deem necessary or desirable;
(21) As security for repayment of any bonds, revenue
bonds, notes, or other obligations of the authority, to
pledge, lease, mortgage, convey, assign, hypothecate, or
584 GENERAL ACTS AND RESOLUTIONS, VOL. I
otherwise encumber any property of the authority includ-
ing, 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 authoritys revenue bonds, notes or
other obligations, loan agreement, mortgage, deed to se-
cure 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 fore-
closure or forced sale of any property of the authority
upon default in any obligation of the authority, either
in payment of principal, premium, if any, or interest
or in the performance of any term or condition contained
in any such agreement or instrument;
(22) To receive and use the proceeds of any tax levied
by a local government to pay all or any part of the cost
of any project or for any other purpose for which the
authority may use its own funds pursuant to this chapter;
(23) To use income earned on any investment for such
corporate purposes of the authority as the authority in
its discretion shall determine;
(24) To cooperate and act in conjunction with indus-
trial, commercial, medical, scientific, public interest, or
educational organizations; with agencies of the federal
government and this state and local government; with
other states and their political subdivisions; and with
joint agencies thereof and such state agencies, local gov-
ernment, and joint agencies are authorized and empow-
ered to cooperate and act in conjunction, and to enter
into contracts or agreements with the authority and local
government to achieve or further the policies of the state
declared in this chapter;
(25) To adopt bylaws governing the conduct of busi-
ness 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;
GEORGIA LAWS 1986 SESSION
585
(26) To exercise any power granted by the laws of
this state to public or private corporations which is not
in conflict with the public purpose of the authority;
(27) To do all things necessary or convenient to carry
out the powers conferred by this chapter;
(28) To designate three or more of its number to con-
stitute an executive committee who, to the extent pro-
vided in such resolution or in the bylaws of the authority,
shall have and may exercise the powers of the authority
in the management of the affairs and property of the
authority and the exercise of its powers; and
(29) To procure insurance against any loss in connec-
tion with its property and other assets or obligations
or to establish cash reserves to enable it to act as self-
insurer against any and all such losses.
(e) The authority shall not have the power of eminent
domain.
50-23-6. (a) The authority may make loans to a local
government to pay all or any part of the cost of a project.
The authority may require the local government to issue
bonds or revenue bonds as evidence of such loans. The au-
thority and a local government may enter into such loan
commitments and option agreements as may be determined
appropriate by the authority.
(b) The authority may require as a condition of any
loan to a local government that such local government shall
perform any or all of the following:
(1) In the case of loans for a sewerage facility, estab-
lish and collect sewer rents, rates, fees, and charges so
as to produce revenues sufficient to pay all or a specified
portion of:
(A) Costs of operation, maintenance, replace-
ment, renewal, and repairs; and
(B) Outstanding indebtedness incurred for the
purposes of such sewerage facility, including the prin-
586 GENERAL ACTS AND RESOLUTIONS, VOL. I
cipal of and interest on the bond, revenue bond, note,
or other obligation issued by the local government,
as the same shall become due and payable, and to
create and maintain any required reserves;
(2) In the case of loans for a water facility, establish
and collect rents, rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, renewal, re-
placement, and repairs of the water facility of such
local government; and
(B) Outstanding indebtedness incurred for the
purposes of such water facility, including the princi-
pal of and interest on the bonds, revenue bonds, notes,
or other obligations issued by the local government,
as the same shall become due and payable, and to
create and maintain any required reserves;
(3) Create and maintain a special fund or funds, as
additional security for the payment of the principal of
such revenue bonds and the interest thereon and any
other amounts becoming due under any agreement, en-
tered into in connection therewith and for the deposit
therein of such revenues as shall be sufficient to make
such payment as the same shall become due and payable;
(4) Create and maintain such other special funds
as may be required by the authority; and
(5) Perform such other acts, including the convey-
ance of real and personal property together with all right,
title, or interest therein to the authority, or take other
actions as may be deemed necessary or desirable by the
authority to secure the payment of the principal of and
interest on such bonds, revenue bonds, notes, or other
obligations and to provide for the remedies of the author-
ity in the event of any default by such local government
in such payment.
(c) All local governments issuing and selling bonds, rev-
enue bonds, notes, or other obligations to the authority are
GEORGIA LAWS 1986 SESSION
587
authorized to perform such acts, take such action, adopt such
proceedings, and to make and carry out such contracts with
the authority as may be contemplated by this chapter.
(d) In connection with the making of any loan author-
ized by this chapter, the authority may fix and collect such
fees and charges including, but not limited to, reimburse-
ment of all costs of financing by the authority, as the author-
ity shall determine to be reasonable. Neither the Public Ser-
vice Commission nor any local government or state agency
shall have jurisdiction over the authoritys power over the
regulation of such fees or charges.
50-23-7. (a) For the purposes of this chapter, the term
'lease agreement shall mean and include a lease, operating
lease rental agreement, usufruct, sale and lease back, or
any other lease agreement having a term of not more than
50 years and concerning real, personal, or mixed property,
any right, title, or interest therein by and between the state,
the authority, a local government, or any combination
thereof.
Cb) A local government by resolution of its governing
body may enter into a lease agreement for the provision
of environmental services utilizing facilities owned by the
authority upon such terms and conditions as the authority
shall determine to be reasonable including, but not limited
to, the reimbursement of all costs of construction and financ-
ing and claims arising therefrom.
(c) No lease agreement shall be deemed to be a contract
subject to any law requiring that contract shall be let only
after receipt of competitive bids.
(d) Any lease agreement may provide for the construc-
tion of such environmental facility by the local government
as agent for the authority. In such event, all contracts for
such construction shall be let by such local government in
accordance with the provisions of law otherwise applicable
to the letting of such contracts by such local government
and with the provisions of state law pertaining to prevailing
wages, labor standards, and working hours. Any such lease
agreement may contain provisions by which such local gov-
588 GENERAL ACTS AND RESOLUTIONS, VOL. I
ernment shall indemnify the authority against any and all
damages resulting from acts or omissions to act on the part
of such local government or its officers, agents, or employees
in constructing such facility or facilities, in letting any con-
tracts in connection therewith, or in operating and maintain-
ing the same.
(e) Any lease agreement executed by the authority di-
rectly with any local government may provide at the termi-
nation 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.
(f) Any lease agreement directly between the state or
authority and a local government may contain provisions
requiring the local government to perform any or all of the
following:
(1) In the case of a sewerage facility, to establish
and collect sewer rents, rates, fees, and charges so as
to produce revenues sufficient to pay all or a specified
portion of:
(A) The costs of operation, maintenance, re-
newal, replacement, and repairs of the sewerage facil-
ity of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or
other obligations incurred for the purposes of such
sewerage facility and to provide for the payment of
all amounts as they shall become due and payable
under the terms of such lease agreement, including
amounts for the creation and maintenance of any
required reserves;
(2) In the case of a water facility, to establish and
collect rents, rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, re-
newal, and repairs of the water facility of such local
government; and
GEORGIA LAWS 1986 SESSION
589
(B) Outstanding bonds, revenue bonds, notes, or
other obligations incurred for the purposes of such
water facility and to provide for the payment of all
amounts as they shall become due and payable under
the terms of such lease agreement, including amounts
for the creation and maintenance of any required
reserves;
(3) To create and maintain reasonable reserves or
other special funds;
(4) To create and maintain a special fund or funds,
as additional security for the punctual payment of any
rentals due under such lease agreement and for the de-
posit therein of such revenues as shall be sufficient to
pay said lease rentals and any other amounts becoming
due under such lease agreements as the same shall be-
come due and payable; or
(5) To perform such other acts and take such other
action as may be deemed necessary and desirable by the
authority to secure the complete and punctual perfor-
mance by such local government of such lease agree-
ments and to provide for the remedies of the authority
in the event of a default by such local government in
such payment.
50-23-8. (a) The authority shall have the power and
is authorized from time to time to issue bonds, in such princi-
pal amounts as it may determine to be necessary to pay
all or a portion of the cost of any project or environmental
facilities, to provide amounts necessary for any corporate
purposes, including incidental expenses in connection with
the issuance of the bonds.
(b) In addition, the authority shall have the power and
is authorized to issue bonds in such principal amounts as
the authority deems appropriate, such bonds to be primarily
secured by a pool of obligations issued by local governments
when the proceeds of the local government obligations are
applied to local environmental facility projects.
(c) The authority shall have the power from time to
time to refund any bonds by the issuance of new bonds
590 GENERAL ACTS AND RESOLUTIONS, VOL. I
whether the bonds to be refunded have or have not matured
and may issue bonds partly to refund bonds then outstanding
and partly for any other corporate purpose.
(d) Bonds issued by the authority may be general or
limited obligations payable solely out of particular revenues
or other moneys of the authority as may be designated in
the proceedings of the authority under which the bonds shall
be authorized to be issued, subject to any agreements entered
into between the authority and state agencies, local govern-
ment, or private parties and subject to any agreements with
the holders of outstanding bonds pledging any particular
revenues or moneys.
(e) (1) The authority is authorized to obtain from any
department, agency, or corporation of the United States
of America or governmental insurer, including the state,
any insurance or guaranty, to the extent now or hereafter
available, as to or for the payment or repayment of inter-
est or principal, or both, or any part thereof on any bonds
or notes issued by the authority or on any obligations
of federal, state, or local governments purchased or held
by the authority; and to enter into any agreement or
contract with respect to any such insurance or guaranty,
except to the extent that the same would in any way
impair or interfere with the ability of the authority to
perform and fulfill the terms of any agreement made
with the holders of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized
by resolution of the authority, be in such denominations,
bear such date or dates, and mature at such time or
times as the authority determines to be appropriate, ex-
cept that bonds and any renewal thereof shall mature
within 25 years of the date of their original issuance.
Such bonds shall be subject to such terms of redemption,
bear interest at such rate or rates payable at such times,
be in such form, either coupon or registered, as to princi-
pal or interest or both principal and interest, carry such
registration privileges, be executed in such manner, be
payable in such medium of payment at such place or
places, and be subject to such terms and conditions as
such resolution of the authority may provide. Bonds may
GEORGIA LAWS 1986 SESSION
591
be sold at public or private sale for such price or prices
as the authority shall determine.
(3) Any resolution or resolutions authorizing bonds
or any issue of bonds may contain provisions which may
be a part of the contract with the holders of the bonds
thereby authorized as to:
(A) Pledging all or part of its revenues, together
with any other moneys, securities, contracts, or prop-
erty to secure the payment of the bonds, subject to
such agreements with bondholders as may then exist;
(B) Setting aside of reserves and the creation of
sinking funds and the regulation and disposition
thereof;
(C) Limiting the purpose to which the proceeds
from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict
and regulate the use of any project or part thereof
in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds,
the terms upon which additional bonds may be issued
and secured and the refunding of outstanding or other
bonds;
(F) Setting the procedure, if any, by which the
terms of any contract with bondholders may be
amended or abrogated, including the proportion of
bondholders which must consent thereto and the
manner in which such consent may be given;
(G) Creating special funds into which any reve-
nues or other moneys may be deposited;
(H) Setting the terms and provisions of any
trust, deed, or indenture or other agreement under
which the bonds may be issued;
(I) Vesting in a trustee or trustees such proper-
ties, rights, powers, and duties in trust as the author-
592
GENERAL ACTS AND RESOLUTIONS, VOL. I
ity may determine, which may include any or all of
the rights, powers, and duties of the trustee appointed
by the bondholders pursuant to Code Section 50-10-
11 and limiting or abrogating the rights of the bond-
holders to appoint a trustee under such Code section
or limiting the rights, duties, and powers of such trus-
tee;
(J) Defining the acts or omissions to act which
may constitute a default in the obligations and duties
of the authority to the bondholders and providing
for the rights and remedies of the bondholders in
the event of such default, including as a matter of
right the appointment of a receiver; provided, how-
ever, that such rights and remedies shall not be incon-
sistent with the general laws of the state and other
provisions of this chapter;
(K) Limiting the power of the authority to sell
or otherwise dispose of any environmental facility
or any part thereof or other property, including mu-
nicipal bonds held by it;
(L) Limiting the amount of revenues and other
moneys to be expended for operating, administrative,
or other expenses of the authority;
(M) Providing for the payment of the proceeds
of bonds, obligations, revenues, and other moneys to
a trustee or other depository and for the method of
disbursement thereof with such safeguards and re-
strictions as the authority may determine; and
(N) Establishing any other matters of like or dif-
ferent character which in any way affect the security
for the bonds or the rights and remedies of bondhold-
ers.
(4) In addition to the powers conferred upon the au-
thority to secure its bonds, the authority shall have power
in connection with the issuance of bonds to enter into
such agreements as the authority may deem necessary,
consistent, or desirable concerning the use or disposition
GEORGIA LAWS 1986 SESSION
593
of its revenues or other moneys or property, including
the mortgaging of any property and the entrusting, pledg-
ing, or creation of any other security interest in any
such revenues, moneys, or property and the doing of any
act, including refraining from doing any act, which the
authority would have the right to do in the absence of
such agreements. The authority shall have power to en-
ter into amendments of any such agreements within the
powers granted to the authority by this chapter and to
perform such agreements. The provisions of any such
agreements may be made a part of the contract with
the holders of bonds of the authority.
(5) Any pledge of or other security interest in reve-
nues, moneys, accounts, contract rights, general intangi-
bles, or other personal property made or created by the
authority shall be valid, binding, and perfected from the
time when such pledge is made or other security interest
attaches without any physical delivery of the collateral
or further act, and the lien of any such pledge or other
security interest shall be valid, binding, and perfected
against all parties having claims of any kind in tort,
contract, or otherwise against the authority irrespective
of whether or not such parties have notice thereof. No
instrument by which such a pledge or security interest
is created nor any financing statement need be recorded
or filed.
(6) All bonds issued by the authority shall be exe-
cuted in the name of the authority by the chairman and
secretary of the authority and shall be sealed with the
official seal or a facsimile thereof. Coupons, if any, shall
be executed in the name of the authority by the chairman
of the authority, the facsimile signature of the chairman
and the secretary of the authority may be imprinted in
lieu of the manual signature if the authority so directs;
and the facsimile of the chairmans signature shall be
used on coupons, if such are attached. Bonds and interest
coupons appurtenant thereto bearing the manual or fac-
simile signature of a person in office at the time such
signature was signed or imprinted shall be fully valid,
notwithstanding the fact that before or after delivery
thereof such person ceased to hold such office.
594
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) 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 provide
for the replacement of any bond which shall become mu-
tilated or be destroyed or lost.
(8) All bonds issued by the authority under this
chapter may be executed, confirmed, and validated under
and in accordance with Article 3 of Chapter 82 of Title
36, except as otherwise provided in this chapter.
(9) The venue for all bond validation proceedings
pursuant to this chapter shall be Fulton County, and
the Superior Court of Fulton County shall have exclusive
final court jurisdiction over such proceedings.
(10) Bonds issued by the authority shall have a certifi-
cate of validation bearing the facsimile signature of the
clerk of the Superior Court of Fulton County and shall
state the date on which said bonds were validated; and
such entry shall be original evidence of the fact of judg-
ment and shall be received as original evidence in any
court of this state.
(11) The authority shall reimburse the district attor-
ney for his actual costs, if any, associated with the bond
validation proceedings. The fees payable to the clerk of
the Superior Court of Fulton County for validation shall
be as follows for each bond, regardless of the denomina-
tion of such bond:
(A) One dollar each for the first 100 bonds;
(B) Twenty-five cents each for the next 400
bonds; and
(C) Ten cents for each such bond over 500.
(12) Whether or not the bonds of the authority are
of such form and character as to be negotiable instru-
ments, the bonds are made negotiable instruments
within the meaning of and for all the purposes of Georgia
GEORGIA LAWS 1986 SESSION
595
law subject only to the provisions of the bonds for regis-
tration.
(13) Neither the members of the authority nor any
person executing bonds shall be liable personally thereon
or be subject to any personal liability or accountability
solely by reason of the issuance thereof.
(14) The authority, subject to such agreements with
bondholders as then may exist, shall have power out of
any moneys available therefor to purchase bonds of the
authority, which shall thereupon be canceled, at a price
not in excess of the following:
(A) If the bonds are then redeemable, the re-
demption price then applicable plus accrued interest
to the next interest payment date; or
(B) If the bonds are not then redeemable, the
redemption price applicable on the first date after
such purchase upon which the bonds become subject
to redemption, plus accrued interest to the next inter-
est payment date.
(15) In lieu of specifying the rate or rates of interest
which bonds to be issued by an authority are to bear,
the notice to the district attorney or the Attorney Gen-
eral, the notice to the public of the time, place, and date
of the validation hearing, and the petition and complaint
for validation may state that the bonds when issued will
bear interest at a rate not exceeding a maximum per
annum rate of interest, which rate may be fixed or may
fluctuate or otherwise change from time to time, specified
in such notices and petition and complaint or may state
that, in the event the bonds are to bear different rates
of interest for different maturity dates, none of such rates
will exceed the maximum rate, which rate may be fixed
or may fluctuate or otherwise change from time to time,
so specified; provided, however, that nothing in this Code
section shall be construed as prohibiting or restricting
the right of the authority to sell such bonds at a discount,
even if in doing so the effective interest cost resulting
therefrom would exceed the maximum per annum inter-
596 GENERAL ACTS AND RESOLUTIONS, VOL. I
est rate specified in such notices and in the petition and
complaint.
50-23-9. The authority shall not enter into any contract
or agreement with any local government with respect to
the financing of any environmental facility pursuant to this
chapter, unless the director of the Environmental Protection
Division of the Department of Natural Resources shall have
completed all existing statutory reviews and approvals with
respect to such project. Nothing in this chapter shall be con-
strued to diminish the full authority and responsibility of
the director of the Environmental Protection Division for
existing statutory reviews and approvals.
50-23-10. The bonds of the authority are made securities
in which all public officials 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, invest-
ment companies and other persons carrying on a banking
business, and administrators, guardians, executors, trustees,
and other fiduciaries and all other persons whatsoever, who
are now or may hereafter be authorized to invest in bonds
or other obligations of the state, may properly and legally
invest funds including capital in their control or belonging
to them. The bonds are also made securities which may be
deposited with and may be received by all public officers
and bodies of this state and all municipalities for any pur-
poses for which the deposit of bonds or other obligations
of this state are now or hereafter may be authorized.
50-23-11. The State of Georgia does pledge to and agree
with the holders of any bonds issued by the authority pur-
suant to this chapter that the state will not alter or limit
the rights vested in the authority to fulfill the terms of any
agreement made with or for the benefit of the holders of
bonds or in any way impair the rights and remedies of bond-
holders until the bonds, together with the interest thereon,
with interest on any unpaid installments of interest, and
all costs and expenses in connection with any action or pro-
ceeding by or on behalf of such holders, are fully met and
discharged or funds for the payment of such are fully pro-
GEORGIA LAWS 1986 SESSION
597
vided. The authority is authorized to include this pledge
and agreement of the state in any agreement with bondhold-
ers.
50-23-12. Neither the members of the authority nor any
officer or employee of the authority acting in behalf thereof,
while acting within the scope of his authority, shall be sub-
ject to any liability resulting from:
(1) The construction, ownership, maintenance, or
operation of any project financed with the assistance of
the authority;
(2) The construction, ownership, maintenance, or
operation of any sewerage system, environmental facil-
ity, or water system owned by a local government; or
(3) Carrying out any of the powers expressly given
in this chapter.
50-23-13. The provisions of this chapter shall be liber-
ally construed to effect the purpose hereof. The offer, sale,
or issuance of bonds, notes, or other obligations by the au-
thority shall not be subject to regulation under Chapter 1
of Title 10, known as the 'Georgia Securities Act of 1973.
No notice, proceeding, or publication except those required
in this chapter shall be necessary to the performance of
any act authorized in this chapter; nor shall any such act
be subject to referendum.
50-23-14. No bonds, notes, or other obligations of and
no indebtedness incurred by the authority shall constitute
an indebtedness or obligation or a pledge of the faith and
credit of the State of Georgia or of its agencies; nor shall
any act of the authority in any manner constitute or result
in the creation of an indebtedness of the state or its agencies
or a cause of action against the state or its agencies; provided,
however, the state, to the extent permitted by its Constitu-
tion, may guarantee payment of such bonds, notes, or other
obligations as guaranteed revenue debt.
50-23-15. It is found, determined, and declared that the
creation of this authority and the carrying out of its corpo-
598 GENERAL ACTS AND RESOLUTIONS, VOL. I
rate purposes is in all respects for the benefit of the people
of the state and that the authority is an institution of purely
public charity and will be performing an essential govern-
mental function in the exercise of the power conferred upon
it by this chapter. For such reasons the state covenants with
the holders from time to time of the bonds, notes, and other
obligations issued under this chapter that the authority shall
not be required to pay any taxes or assessments imposed
by the state or any of its counties, municipal corporations,
political subdivisions, or taxing districts upon any property
acquired by the authority or under its jurisdiction, control,
possession, or supervision or leased by it to others, or upon
its activities in the operation or maintenance of any such
property or on any income derived by the authority in the
form of fees, recording fees, rentals, charges, purchase price,
installments, or otherwise, and that the bonds, notes, and
other obligations of the authority, their transfer, and the
income therefrom shall at all times be exempt from taxation
within the state. The tax exemption provided in this chapter
shall not include any exemption from sales and use tax on
property purchased by the authority or for use by the author-
ity.
50-23-16. The authority shall have all rights afforded
the state by virtue of the Constitution of the United States,
and nothing in this chapter shall be construed to remove
any such rights.
50-23-17. 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 estab-
lished by Article VII, Section IV, Paragraph VII of the Con-
stitution of the State of Georgia of 1983 or its successor.
50-23-18. This chapter, being for the welfare of this
state and its inhabitants, shall be liberally construed to effect
the purposes specified in this chapter.
50-23-19. Nothing contained in this chapter shall per-
mit the authority to issue bonds or revenue bonds at any
time when the sum of:
(1) The highest aggregate annual debt service re-
quirements for the then current fiscal year or any subse-
GEORGIA LAWS 1986 SESSION
599
quent fiscal year for outstanding authority bonds or reve-
nue bonds, including the proposed bonds or revenue
bonds; and
(2) The highest annual debt service requirements
for the then current fiscal year or any subsequent fiscal
year on general obligation debt of the state issued for
authority projects
exceeds 1 percent of the total revenue receipts, less refunds,
of the state treasury in the fiscal year immediately preceding
the year in which any such bond or revenue bond is to be
issued.
50-23-20. (a) In the event of a failure of any local gov-
ernment to collect and remit in full all amounts due to the
authority and all amounts due to others, which involve the
credit or guarantee of the authority or of the state, on the
date such amounts are due under the terms of any bond,
revenue bond, note, or other obligation of the local govern-
ment, it shall be the duty of the authority to notify the
director of the Fiscal Division of the Department of Adminis-
trative Services who shall withhold all funds of the state
and all funds administered by the state, its agencies, boards,
and instrumentalities allotted to such local government until
such local government has collected and remitted in full
all sums due and cured or remedied all defaults on any such
bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall man-
date the withholding of funds allocated to a local government
which would violate contracts to which the state is a party,
the requirements of federal law imposed on the state, or
judgments of any court binding the state.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
600
GENERAL ACTS AND RESOLUTIONS, VOL. I
PUBLIC OFFICIALS SUSPENSION FROM OFFICE UPON
INDICTMENT FOR CERTAIN FELONIES; VACANCIES;
COMPENSATION.
Code Section 45-5-6 Amended.
Code Section 45-5-6.1 Enacted.
No. 1429 (House Bill No. 1287).
AN ACT
To amend Chapter 5 of Title 45 of the Official Code of Georgia
Annotated, relating to the vacation of office of certain public
officials, so as to provide that suspension procedures shall be
initiated upon indictment by the United States for certain felo-
nies; to provide that a public official who is suspended from
office shall not receive any compensation after the initial convic-
tion; to provide that if the public official is reinstated to office
he shall be entitled to receive any compensation withheld; to
provide a definition; to provide that after the initial conviction
of a public official for any felony in a trial court of this state
or the United States, regardless of whether the public official
has been previously suspended, such public official shall be im-
mediately and without further action suspended from office; to
provide that such public official shall not be entitled to receive
any compensation during such suspension; to provide that if
such conviction is overturned the public official shall be rein-
stated and shall receive any compensation withheld; to provide
for a replacement official and the filling of a vacancy; to provide
for applicability; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 45 of the Official Code of
Georgia Annotated, relating to the vacation of office of certain
public officials, is amended by striking subsection (b) of Code
Section 45-5-6, relating to the suspension from office of certain
public officials, and inserting in lieu thereof a new subsection
(b) to read as follows:
GEORGIA LAWS 1986 SESSION
601
"(b) Upon indictment for a felony by a grand jury of
this state or by the United States, which felony indictment
relates to the performance or activities of the office of any
public official, the Attorney General or district attorn ey shall
transmit a certified copy of the indictment to the Governor
who shall, subject to subsection (e) of this Code section, ap-
point a review commission. Except as provided in this subsec-
tion, the commission shall be composed of the Attorney Gen-
eral and two public officials who hold the same office as
the individual indicted. The members of the commission
shall receive no compensation for their services but shall
be reimbursed for any expenses incurred in connection with
the investigation. The funds necessary to conduct the investi-
gation shall come from funds appropriated to the executive
branch of government. If the Attorney General brings the
indictment against the public official, the Attorney General
shall not serve on the commission. In place of the Attorney
General, the Governor shall appoint a retired Supreme Court
Justice or a retired Court of Appeals Judge.
Section 2. Said chapter is further amended by striking
subsection (c) of Code Section 45-5-6, relating to the suspension
from office of certain public officials, and inserting in lieu thereof
a new subsection (c) to read as follows:
"(c) Unless a longer period of time is granted by the
Governor, the commission shall make a written report to
the Governor within 14 days. If the commission determines
that the indictment relates to and adversely affects the ad-
ministration of the office of the indicted public official and
that the rights and interests of the public are adversely af-
fected thereby, the commission shall recommend that the
public official be suspended from office. If, and only if, the
commission recommends suspension, then the Governor
shall review the findings and recommendations of the com-
mission and may suspend the public officer from office imme-
diately and without further action pending the final disposi-
tion of the case or until the expiration of his term of office,
whichever occurs first. During the term of office to which
such officer was elected and in which the indictment oc-
curred, if a nolle prosequi is entered, if the public official is
602
GENERAL ACTS AND RESOLUTIONS, VOL. I
acquitted, or if after conviction the conviction is later over-
turned as a result of any direct appeal or application for a
writ of certiorari, the public official shall be immediately
reinstated to the office from which he was suspended. While
a public official is suspended under this Code section and
until initial conviction by the trial court, the public official
shall continue to receive the compensation from his office.
After initial conviction by the trial court, the public official
shall not be entitled to receive the compensation from his
office. If the public official is reinstated to office, he shall
be entitled to receive any compensation withheld under the
provisions of this Code section.
Section 3. Said chapter is further amended by adding be-
tween Code Section 45-5-6 and Code Section 45-5-7 a new Code
Section 45-5-6.1 to read as follows:
"45-5-6.1. (a) As used in this Code section, the term
'public official means any elected county officer; any elected
member of a county governing authority; any elected mem-
ber of a city-county consolidated government; any member
of a county, area, or independent board of education; any
school superintendent of a county, area, or independent
school system; any solicitor of a state court; any elected mem-
ber of any municipal governing authority; any member of
the Public Service Commission; and any district attorney.
(b) Upon initial conviction of any public official for any
felony in a trial court of this state or the United States,
regardless of whether the public official has been suspended
previously under Code Section 45-5-6, such public official
shall be immediately and without further action suspended
from office. While a public official is suspended from office
under this Code section, he shall not be entitled to receive
the compensation from his office. If the conviction is later
overturned as a result of any direct appeal or application
for a writ of certiorari, the public official shall be immedi-
ately reinstated to the office from which he was suspended
and shall be entitled to receive any compensation withheld
under the provisions of this Code section.
GEORGIA LAWS 1986 SESSION
603
(c) (1) For the duration of any suspension of any
elected member of any municipal or consolidated city-
county governing authority under this Code section, a
replacement officer for the public officer suspended shall
be appointed as provided for in any general law, local
law, ordinance, or resolution governing the filling of a
temporary vacancy in the public office affected. For the
duration of any suspension of any other public official
under this Code section, a replacement officer for the
public official shall be appointed as provided for in any
applicable general or local law governing the filling of
a temporary vacancy in the public office affected. If no
such general law, local law, ordinance, or resolution gov-
erning the filling of a temporary vacancy is applicable,
then the Governor shall appoint a replacement officer
for the public official suspended.
(2) Upon the final conviction, the office of the public
official shall be vacated immediately without further ac-
tion. Said vacancy shall be filled in the manner provided
by law for filling vacancies in such office.
(d) The provisions of this Code section shall not apply
to any conviction rendered prior to January 1, 1987.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
604
GENERAL ACTS AND RESOLUTIONS, VOL. I
SHERIFFS RETIREMENT FUND OF GEORGIA FEES IN
STATE COURTS AND MAGISTRATE COURTS;
RETIREMENT BENEFITS; PARTIAL YEARS SERVICE.
Code Sections 47-16-61 and 47-16-101 Amended.
No. 1430 (House Bill No. 318).
AN ACT
To amend Chapter 16 of Title 47 of the Official Code of Geor-
gia Annotated, relating to the Sheriffs Retirement Fund of Geor-
gia, so as to provide for a certain payment to the fund from
fees collected in civil actions filed in certain state courts and
magistrate courts; to provide for retirement benefits to be paid
for service of less than one year in certain instances; to provide
for other matters relative to the foregoing; to provide for an
increase in retirement 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 Code Section 47-16-61, relat-
ing to payments to the fund from fees collected in civil actions,
and inserting in lieu thereof a new Code Section 47-16-61 to
read as follows:
"47-16-61. (a) In addition to all other legal costs, the
sum of $1.00 shall be charged and collected in each civil
action, case, or proceeding, including, without limiting the
generality of the foregoing, all adoptions, charters, certio-
rari, applications by personal representative for leave to sell
or invest, trade name registrations, applications for change
of name, and all other proceedings of a civil nature filed
in the superior courts. The clerks of the superior courts shall
collect such fees, and the fees so collected shall be remitted
to the board quarterly or at such other time as the board
may provide. It shall be the duty of the clerks of the superior
courts to keep accurate records of the amounts due the board
GEORGIA LAWS 1986 SESSION
605
under this subsection, and such records may be audited by
the board at any time. The sums remitted to the board under
this subsection shall be used only for the purposes provided
for in this chapter.
(b) In addition to all other legal costs, the sum of 5(V
shall be charged and collected in each civil action, case, or
proceeding, including, without limiting the generality of the
foregoing, all adoptions, charters, certiorari, applications by
personal representative for leave to sell or invest, trade name
registrations, applications for change of name, and all other
proceedings of a civil nature filed in the state courts and
magistrate courts of this state in which the sheriff of the
superior court also fulfills the function as sheriff of such
inferior court. The clerks of such state courts and magistrate
courts shall collect such fees, and the fees so collected shall
be remitted to the board quarterly or at such other time
as the board may provide. It shall be the duty of the clerks
of such state courts and magistrate courts to keep accurate
records of the amounts due the board under this subsection,
and such records may be audited by the board at any time.
The sums remitted to the board under this subsection shall
be used only for the purposes provided for in this chapter.
Section 2. Said chapter is further amended by striking
paragraph (1) of subsection (a) of Code Section 47-16-101, relating
to retirement benefit options, and inserting in lieu thereof a
new paragraph (1) to read as follows:
"(1) Option One shall be known as a 'single life annuity
and shall provide retirement benefits for the life of the mem-
ber only. If the member has no more than four years of
service credited to such member under this chapter, the
member shall be paid a benefit of $150.00 per month until
the members death. If the member has more than four years
credited to such member under the provisions of this chapter,
such member shall be paid a benefit of $150.00 per month,
plus $37.50 per month for each additional year of service
so credited to the member and in the event the member
shall have additional service credit not totaling a full year,
the further sum of one-twelfth of the amount paid per month
for each additional year of service credit over four years
shall be paid for each month of additional service so credited
606
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the member; provided, that in no case shall such benefits
exceed $937.50 per month;.
Section 3. This Act shall become effective July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
SHERIFFS SUSPENSION FOR FAILURE TO COMPLETE
MINIMUM ANNUAL IN-SERVICE TRAINING.
Code Section 15-16-1 Amended.
No. 1431 (House Bill No. 344).
AN ACT
To amend Code Section 15-16-1 of the Official Code of Georgia
Annotated, relating to qualifications and training requirements
of sheriffs, so as to authorize the suspension of any sheriff who
fails to complete the required minimum annual in-service train-
ing; to provide for the assumption of sheriffs duties in case
of suspension; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-16-1 of the Official Code of Geor-
gia Annotated, relating to qualifications and training require-
ments of sheriffs, is amended by striking in its entirety para-
graph (4) of subsection (f) and inserting in lieu thereof a new
paragraph (4) to read as follows:
"(4) Any person who fails to complete the minimum
annual in-service training required under this Code section
GEORGIA LAWS 1986 SESSION
607
shall not perform any of the duties of sheriff involving the
power of arrest until such training shall have been success-
fully completed, irrespective of any waiver which may be
granted. In addition, the Governor may suspend from office
without pay for a period of 90 days any sheriff who fails
to complete the minimum annual in-service training re-
quired under this Code section. The probate judge of the
county of the sheriffs residence shall appoint a person who
meets the qualifications for sheriff pursuant to this Code
section to assume the duties and responsibilities of the office
of sheriff during any such period of suspension.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
SHERIFFS RETIREMENT FUND OF GEORGIA DEATH
BENEFITS.
Code Section 47-16-102 Amended.
No. 1432 (House Bill No. 828).
AN ACT
To amend Chapter 16 of Title 47 of the Official Code of Geor-
gia Annotated, relating to the Sheriffs Retirement Fund of Geor-
gia, so as 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
608
GENERAL ACTS AND RESOLUTIONS, VOL. I
of Georgia, is amended by striking paragraphs (2) and (4) of
Code Section 47-16-102, relating to death benefits, and inserting
in lieu thereof new paragraphs (2) and (4) to read as follows:
"(2) In addition to the death benefits provided in para-
graph (1) of this Code section, upon the death of any inactive
member who would otherwise qualify to be carried upon
the active membership rolls but for the fact that he no longer
holds the office of sheriff, any member who is receiving retire-
ment benefits, or any member who is otherwise qualified
to receive retirement benefits from this fund except that
he has not reached the age of 55 years or has not filed an
application or has not been approved for retirement benefits,
the sum of $3,000.00 shall be paid as additional death benefits
to the surviving spouse of such member, if any, to his named
beneficiary, if any, or to his estate, in that order. Upon the
death of any active member, the sum of $5,000.00 shall be
paid as additional death benefits to the surviving spouse
of such member, if any, to his named beneficiary, if any,
or to his estate, in that order;
(4) Upon the death of an active member before or after
the retirement of such member, the surviving spouse of such
member shall receive death benefits in the form of an annu-
ity for the life of such spouse, such annuity to be determined
and paid under paragraph (2) of subsection (a), subsection
(b), and subsection (c) of Code Section 47-16-101 to the same
extent as if such member had died while receiving retire-
ment benefits under Option Two; and in the case of the death
of an active member who is not already receiving retirement
benefits, such annuity shall be determined and based upon
the period of creditable service which such member has at
the time of his death. Such benefit shall be in addition to
benefits under paragraph (2) of this Code section, and in
lieu of benefits under paragraph (1) of this Code section.
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 1, 1986.
GEORGIA LAWS 1986 SESSION
609
PEACE OFFICERS ANNUITY AND BENEFIT FUND
RETIREMENT AND DISABILITY BENEFITS.
Code Sections 47-17-80 and 47-17-81 Amended.
No. 1433 (House Bill No. 365).
AN ACT
To amend Article 6 of Chapter 17 of Title 47 of the Official
Code of Georgia Annotated, relating to retirement and disability
benefits under the Peace Officers Annuity and Benefit Fund,
so as to change the provisions relating to retirement and disabil-
ity benefits; to provide for applicability; to provide for other
matters relative to the foregoing; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 6 of Chapter 17 of Title 47 of the Official
Code of Georgia Annotated, relating to retirement and disability
benefits under the Peace Officers Annuity and Benefit Fund,
is amended by striking subsections (b) and (h) of Code Section
47-17-80, relating to retirement benefits, in their entirety and
substituting in lieu thereof new subsections (b) and (h), respec-
tively, to read as follows:
"(b) Option One shall consist of a single life annuity
payable in monthly payments for the life of the member
only. The monthly payment under this option shall be an
amount equal to $13.00 per month for each full year of credi-
table service, provided that the member either has at least
20 years of creditable service and is at least 55 years of
age or has at least 30 years of creditable service, regardless
of age. Such monthly benefit payment shall be paid on each
full year of creditable service up to a maximum of 30 years
of total service. No member shall be eligible for benefits
under this option until the members official duties as a peace
officer have been terminated, except as otherwise provided
in this chapter, and unless the member files an application
for retirement benefits within 90 days from the date of the
610
GENERAL ACTS AND RESOLUTIONS, VOL. I
termination of the members official duties as a peace officer,
unless prevented therefrom for good cause. If such member
shall qualify for retirement benefits in every respect except
for completion of payment of monthly dues for the periods
of time for which the member has received service credit,
dues shall be deducted from the members monthly benefit
check until such dues have been paid in full. Any member
who has at least 20 years of creditable service for which
dues have been fully paid but who has not reached 55 years
of age may cease paying monthly dues into the fund if the
members employment as a peace officer is terminated; and
upon reaching 55 years of age the member may be eligible
to receive retirement benefits under this option.
(h) The amounts provided for as retirement benefits in
this Code section shall apply to those members who have
retired prior to July 1, 1986, as well as to those members
who retire on or after that date. The service of each member
who retired prior to July 1, 1986, shall be recomputed; and,
if it is determined that the amounts provided for in this
Code section result in an increase in the retirement benefits
being paid to such member, such benefits shall be increased
to the proper amount and shall be paid to the member in
the future, beginning July 1, 1986. If it is determined that
an increase in retirement benefits will result for any such
retired member, and such retired member shall not have
completed payment of dues for all service credit previously
allowed as of the date of such members retirement, monthly
dues shall be deducted from the members monthly retire-
ment benefits until such time as said dues shall have been
paid for each month of service for which retirement credit
has been received; provided, however, that no such member
shall be allowed to change the option under which the mem-
ber originally retired unless the member shall again become
employed as a peace officer as provided in subsection (g) of
this Code section and complies with all the provisions of
subsection (g) of this Code section.
Section 2. Said article is further amended by striking sub-
sections (a), (c), and (d) of Code Section 47-17-81, relating to
disability benefits, in their entirety and substituting in lieu
thereof new subsections (a), (c), and (d), respectively, to read
as follows:
GEORGIA LAWS 1986 SESSION
611
"(a) Any dues-paying member who is rendered totally
and permanently disabled by disease or injury so as to be
unable to perform substantially all of the duties of the posi-
tion to which the member was regularly assigned when the
disability originated or so as to be unable to engage in any
occupation or gainful employment for which the member
is reasonably suited by virtue of the members background,
training, education, and experience shall be entitled to dis-
ability benefits of $190.00 per month for life or until the
members disability ceases, provided that the member makes
application to the board for disability benefits within 12
months of becoming totally and permanently disabled.
(c) Any other provision of law to the contrary notwith-
standing, any member who is receiving disability benefits
pursuant to this Code section on June 30, 1986, and who
had at least 20 years of creditable service at the time such
member first became eligible for such disability benefits shall
receive the same benefits as a member who retires at age
55 or older with 20 years of creditable service under the
provisions of Code Section 47-17-80. For each year of service
above 20 years but not more than 30 years which such mem-
ber had when first becoming eligible to receive disability
benefits, the benefits shall be the same as those provided
for the same number of years of creditable service under
the provisions of Code Section 47-17-80. The benefits of such
members who are receiving disability benefits pursuant to
this Code section on June 30, 1986, shall be recomputed
and the increased benefits shall be paid to such members
beginning July 1,1986. Any member who first becomes eligi-
ble to receive disability benefits on or after July 1, 1986,
who has the required years of creditable service as provided
in this subsection shall have disability benefits computed
and paid in the same manner as provided in this subsection.
(d) The amount of disability benefits in this Code section
shall apply to those members who have retired on disability
prior to July 1,1986, as well as to those members who retire
on disability on or after that date. The service of each such
member who retired prior to July 1, 1986, shall be recom-
puted, and the benefits provided under this Code section
shall be paid to such member in the future beginning July
1, 1986.
612
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. This Act shall become effective July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
WATERCRAFT BOATING, SKIING, SURFBOARDING,
ETC. UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
PROHIBITED; CHEMICAL TESTS; EVIDENCE; BLOOD
TESTS ON PERSONS KILLED IN BOATING ACCIDENTS;
PENALTIES.
Code Section 52-7-12 Amended.
No. 1434 (Senate Bill No. 316).
AN ACT
To amend Chapter 7 of Title 52 of the Official Code of Georgia
Annotated, relating to registration, operation, and sale of water-
craft, so as to prohibit the operation of any vessel and the manip-
ulation or use of any moving water skis, moving aquaplane,
moving surfboard, or similar moving device by any person whose
ability is impaired by alcohol or drugs; to specify the level of
alcohol at which a person shall be considered under the influ-
ence; to require vessel operators suspected of being under the
influence of alcohol or drugs to submit to chemical tests for
the purpose of determining their alcoholic or drug content; to
provide that the refusal to submit to chemical tests shall consti-
tute a violation of these provisions; to provide for the admission
of certain facts into evidence; to provide that the investigating
coroner or medical examiner require a chemical blood test be
performed on persons killed in boating accidents so as to deter-
mine the presence of alcohol or drugs; to prohibit the use of
skis and other water devices in a reckless or negligent manner;
to prohibit boat owners from knowingly allowing or authorizing
GEORGIA LAWS 1986 SESSION
613
the use of their boat by any person who is under the influence
of alcohol or drugs; to provide a penalty; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 7 of Title 52 of the Official Code of
Georgia Annotated, relating to registration, operation, and sale
of watercraft, is amended by striking in its entirety Code Section
52-7-12, relating to operation of vessels, water skis, aquaplanes,
and surfboards in a reckless or negligent manner or while under
the influence of alcohol or narcotic drugs, which reads as follows:
"52-7-12. (a) No person shall operate any vessel or ma-
nipulate any water skis, aquaplane, surfboard, or similar
device in a reckless or negligent manner so as to endanger
the life, limb, or property of any person.
(b) No person shall operate any vessel or manipulate
any water skis, aquaplane, surfboard, or similar device while
under the influence of alcohol, any narcotic drug or barbitu-
rate, marijuana, or any other hallucinogenic or dangerous
drug.,
and substituting in lieu thereof a new Code Section 52-7-12 to
read as follows:
"52-7-12. (a) No person shall operate, navigate, steer,
or drive any vessel, or be in actual physical control of any
moving vessel, nor shall any person manipulate any moving
water skis, moving aquaplane, moving surfboard, or similar
moving device while:
(1) Under the influence of alcohol;
(2) Under the influence of any drug to a degree
which renders him incapable of operating safely;
(3) Under the combined influence of alcohol and any
drug to a degree which renders him incapable of operat-
ing safely; or
(4) There is 0.12 percent or more by weight of alcohol
in his blood.
614 GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The fact that any person charged with violating this
Code section is or has been otherwise entitled to use a drug
shall not constitute a defense against any charge of violating
this Code section.
(c) Upon trial of any civil or criminal action or proceed-
ing arising out of acts alleged to have been committed by
any person while operating or in actual physical control of
a vessel while under the influence of alcohol or drugs, evi-
dence of the amount of alcohol or drug in a persons blood
at the alleged time, as determined by a chemical analysis
of the persons blood, urine, breath, or other bodily sub-
stances shall be admissible. Where such chemical test is
made, the following provisions shall apply:
(1) Chemical analysis of the persons blood, urine,
breath, or other bodily substance, to be considered valid
under this Code section, shall have been performed ac-
cording to methods approved by the Division of Forensic
Sciences of the Georgia Bureau of Investigation and by
an individual possessing a valid permit issued by the
Division of Forensic Sciences for this purpose. The Divi-
sion of Forensic Sciences of the Georgia Bureau of Investi-
gation is authorized to approve satisfactory techniques
or methods to ascertain the qualifications and compe-
tence of individuals to conduct analyses and to issue per-
mits, which shall be subject to termination or revocation
at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test
at the request of a law enforcement officer under subsec-
tion (e) of this Code section, only a physician, registered
nurse, laboratory technician, or other qualified person
may withdraw blood for the purpose of determining the
alcoholic content therein, provided that this limitation
shall not apply to the taking of breath or urine specimens.
No physician, registered nurse, laboratory technician,
or other qualified person or employer thereof shall incur
any civil or criminal liability as a result of the medically
proper obtaining of such blood specimens when requested
in writing by a law enforcement officer;
GEORGIA LAWS 1986 SESSION
615
(3) The person tested may have a physician or a
qualified technician, chemist, registered nurse, or other
qualified person of his own choosing administer a chemi-
cal test or tests in addition to any administered at the
direction of a law enforcement officer. The justifiable fail-
ure or inability to obtain an additional test shall not
preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement offi-
cer;
(4) Upon request of the person who shall submit
to a chemical test or tests at the request of a law enforce-
ment officer, full information concerning the test or tests
shall be made available to him or his attorney. The ar-
resting officer at the time of arrest shall advise the person
arrested of his rights to a chemical test or tests according
to this Code section;
(5) Percent by weight of alcohol in the blood shall
be based upon grams of alcohol per 100 cubic centimeters
of blood.
(d) Upon the trial of any civil or criminal action or pro-
ceeding arising out of acts alleged to have been committed
by any person while operating or in actual physical control
of a moving vessel while under the influence of alcohol, the
amount of alcohol in the persons blood at the time alleged,
as shown by chemical analysis of the persons blood, urine,
breath, or other bodily substance, shall give rise to the follow-
ing presumptions:
(1) If there was at that time 0.05 percent or less
by weight of alcohol in the persons blood, it shall be
presumed that the person was not under the influence
of alcohol;
(2) If there was at that time in excess of 0.05 percent
but less than 0.10 percent by weight of alcohol in the
persons blood, such fact shall not give rise to any pre-
sumption that the person was or was not under the influ-
ence of alcohol, but such fact may be considered with
616 GENERAL ACTS AND RESOLUTIONS, VOL. I
other competent evidence in determining whether the
person was under the influence of alcohol;
(3) If there was at that time 0.10 percent or more
by weight of alcohol in the persons blood, it shall be
presumed that the person was under the influence of
alcohol; and
(4) If there was at that time 0.12 percent or more
by weight of alcohol in the persons blood, the person
shall be in violation of paragraph (4) of subsection (a)
of Code Section 52-7-12.
(e) The State of Georgia considers that persons who are
under the influence of alcohol or drugs while operating a
vessel on the waters of this state constitute a direct and
immediate threat to the welfare and safety of the general
public. Therefore, any person who operates a vessel upon
the waters of this state shall be deemed to have given con-
sent, subject to subsections (c) and (d) of this Code section,
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
while the person was operating or in physical control of a
vessel while under the. influence of alcohol or any drug. 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 operating or was in actual physical
control of a vessel upon the waters of this state while under
the influence of alcohol or any drug. Subject to subsections
(c) and (d) of this Code section, the requesting law enforce-
ment officer shall designate which of the aforesaid tests shall
be administered.
(f) 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 sub-
section (e) of this Code section, and the test or tests may
be administered subject to subsections (c) and (d) of this Code
section.
GEORGIA LAWS 1986 SESSION
617
(g) If a person refuses, upon the request of a law enforce-
ment officer, to submit to a chemical test designated by the
law enforcement officer as provided in subsection (e) of this
Code section, no test shall be given; however, such refusal
shall be admissible in evidence.
(h) In the event of a boating accident involving a fatal-
ity, the investigating coroner or medical examiner having
jurisdiction shall direct that a chemical blood test to deter-
mine blood alcohol concentration (BAC) or the presence of
drugs be performed on the dead person or persons and that
the results of such test be properly recorded in their report.
(i) No person shall operate any vessel or manipulate
any water skis, aquaplane, surfboard, or similar device in
a reckless or negligent manner so as to endanger the life,
limb, or property of any person.
(j) It shall be unlawful for the owner of any vessel know-
ingly to allow or authorize any person to operate such vessel
or to manipulate any water skis, aquaplane, surfboard, or
similar device being towed by such vessel when the owner
knows or has reasonable grounds to believe that said person
is intoxicated or under the influence of alcohol or drugs.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
618
GENERAL ACTS AND RESOLUTIONS, VOL. I
ALCOHOLIC BEVERAGES POSTING OF SIGNS
WARNING THAT CONSUMPTION OF ALCOHOL DURING
PREGNANCY IS DANGEROUS.
Code Section 3-1-5 Enacted.
No. 1435 (Senate Bill No. 376).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, so as to provide for the posting
of signs warning that consumption of alcohol during pregnancy
is dangerous; to provide for rules and regulations; to provide
for fees; to provide for all matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, is amended by adding at the
end of Chapter 1 of said title, relating to general provisions, a
new Code Section 3-1-5 to read as follows:
"3-1-5. (a) All retail consumption dealers and retail
dealers in this state who sell at retail any alcoholic beverages
for consumption on the premises shall post, in a conspicuous
place, a sign which clearly reads: 'Warning: Drinking alco-
holic beverages during pregnancy can cause birth defects.
(b) The department shall make such warning signs
available to such retailers of alcoholic beverages and shall
promulgate rules and regulations with respect to the form
and the posting of said signs. A fee may be charged by the
department to cover printing, postage, and handling ex-
penses.
(c) Any person who fails or refuses to post the sign as
required in this Code section shall be guilty of a misdemea-
nor and, upon conviction thereof, shall be fined in an amount
not to exceed $100.00 for each violation.
GEORGIA LAWS 1986 SESSION
619
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
RETIRED TEACHERS DAY DESIGNATED.
Code Section 20-1-6 Enacted.
No. 1436 (House Bill No. 1147).
AN ACT
To amend Chapter 1 of Title 20 of the Official Code of Georgia
Annotated, relating to general provisions applicable to public
education in Georgia, so as to provide for the designation of
Retired Teachers Day; to provide for other matters relative
thereto; to repeal conflicting laws; and for other purposes.
WHEREAS, the progress of this state and this nation, and
in fact, the progress of all civilization, is due to the passing
on of knowledge from one generation to the next; and
WHEREAS, the primary burden of the transmittal and ex-
pansion of this body of knowledge has historically been borne
by our teachers; and
WHEREAS, the teachers of this state have tirelessly and
unselfishly taken on the noble and sacred trust of educating
and training our children; and
WHEREAS, the State of Georgia, in appreciation of this
service, desires to bestow upon the retired teachers of the state
the recognition and honor they deserve; and
WHEREAS, the third week of November of each year has
traditionally been observed as American Education Week.
620
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 in Georgia, is amended by adding at the
end thereof a new Code Section 20-1-6 to read as follows:
"20-1-6. (a) The Sunday commencing the third week
of November of each year is designated as Retired Teachers
Day.
(b) The Governor may issue annually a proclamation
designating the Sunday commencing the third week of No-
vember of each year as Retired Teachers Day and calling
upon public schools and citizens of the state to observe the
occasion and to take the opportunity to honor the retired
teachers of the state.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
TEACHERS RETIREMENT SYSTEM OF GEORGIA
MINIMUM RETIREMENT ALLOWANCE; RETIREMENT
UNDER LOCAL RETIREMENT SYSTEMS; COST-OF- LIVING
INCREASE.
Code Sections 47-3-120 and 47-3-124 Amended.
Code Section 47-3-126.2 Enacted.
No. 1437 (House Bill No. 338).
AN ACT
To amend Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System of Geor-
GEORGIA LAWS 1986 SESSION
621
gia, so as to change the minimum retirement allowance to be
received by any member upon retirement; to change the provi-
sions relating to the application of the minimum retirement
allowance to teachers who retired under a county, municipal,
or local board of education retirement or pension system; to
provide for a one-time cost-of-living increase in benefits and for
definitions relative thereto; to provide for other matters relative
to the foregoing; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 3 of Title 47 of the Official Code of
Georgia Annotated, relating to the Teachers Retirement System
of Georgia, is amended by striking from subsection (a) of Code
Section 47-3-120, relating to allowances on retirement, that
paragraph thereof which reads as follows:
"The minimum allowance to be received by any member
upon retirement shall not be less than $12.00 per month
for each year of creditable service, not to exceed 40 years
of creditable service.,
and substituting in lieu thereof the following paragraph:
"The minimum allowance to be received by any member
upon retirement shall not be less than $17.00 per month
for each year of creditable service, not to exceed 40 years
of creditable service.
Section 2. Said chapter is further amended by striking
Code Section 47-3-124, relating to the application of minimum
retirement allowance to teachers who retired under a county,
municipal, or local board of education retirement or pension
system, which reads as follows:
"47-3-124. Any provisions of this chapter or any other
law to the contrary notwithstanding, the minimum retire-
ment allowance provided by subsection (a) of Code Section
47-3-120 shall be applicable to retired public school teachers
who retired pursuant to a county, municipal, or local board
of education retirement or pension system. Effective January
622
GENERAL ACTS AND RESOLUTIONS, VOL. I
1, 1975, such retired public school teachers shall be deemed
to be members of this retirement system for the purposes
of subsection (a) of Code Section 47-3-120. Beginning with
such date, the board of trustees is authorized and directed
to pay directly to each such retired public school teacher a
monthly retirement allowance which shall be equal to the
difference between the retirement allowance received by
such retired public school teacher pursuant to such county,
municipal, or local board of education retirement or pension
system and the minimum retirement allowance provided
for by subsection (a) of Code Section 47-3-120. In determining
the monthly retirement allowance payable under this Code
section, credit shall be given for all teaching service prior
to January 1,1945, by a public school teacher under a county,
municipal, or local board of education in this state if the
county, municipal, or local board of education retirement
or pension system under which that school teacher retired
did not allow their school teachers to establish credit for
any such service. On and after March 2, 1978, increases in
retirement allowances granted to such retired public school
teachers by a county, municipal, or local board of education
retirement or pension system shall not reduce or diminish
the retirement allowance paid to such retired public school
teachers by the Teachers Retirement System of Georgia. The
amount of monthly retirement allowances paid to such re-
tired public school teachers by the Teachers Retirement Sys-
tem of Georgia shall remain the same, or be returned to
the same, as that paid upon their initial retirement with
no reduction or diminution due to increases granted by the
county, municipal, or local board of education retirement
or pension system; but the amount of the monthly retirement
allowance paid to such retired public school teachers by the
Teachers Retirement System of Georgia shall be increased
as necessary to reflect increases in the minimum retirement
allowance provided by subsection (a) of Code Section 47-3-
120.,
in its entirety and substituting in lieu thereof a new Code Section
47-3-124 to read as follows:
"47-3-124. (a) As used in this Code section, the term:
GEORGIA LAWS 1986 SESSION
623
(1) 'Local retirement allowance means the retire-
ment or pension allowance payable by a local retirement
system to a locally retired teacher.
(2) 'Local retirement system means a retirement
or pension system of a county, municipality, or local
board of education which includes teachers as members
thereof or which is paying retirement or pension allow-
ances to locally retired teachers.
(3) 'Locally retired teacher means a teacher who
has retired or hereafter retires pursuant to a local retire-
ment system.
(4) 'Total retirement allowance means the local re-
tirement allowance plus any amounts which are payable
by the board of trustees to the locally retired teacher
pursuant to the provisions of this chapter other than
this Code section.
(b) Any other provisions of this chapter or any other
law to the contrary notwithstanding, the minimum retire-
ment allowance provided by subsection (a) of Code Section
47-3-120 shall be applicable to locally retired teachers who,
for such purposes, shall be deemed to be members of this
retirement system. In determining the minimum retirement
allowance payable under subsection (a) of Code Section 47-
3-120 to a locally retired teacher, credit shall be given for
all teaching service prior to January 1,1945, under the local
retirement system if the local retirement system did not
allow its teachers to establish credit for any such service.
Subject to the provisions of subsections (c), (d), and (e) of
this Code section, for each locally retired teacher whose total
retirement allowance is less than the minimum retirement
allowance provided for by subsection (a) of Code Section 47-
3-120, the board of trustees shall pay monthly directly to
such locally retired teacher an amount equal to the differ-
ence between the total retirement allowance and the mini-
mum retirement allowance.
(c) As applied to locally retired teachers who retired
prior to July 1, 1986:
(1) The provisions of this Code section shall not de-
crease the amount payable by the board of trustees to
624
GENERAL ACTS AND RESOLUTIONS, VOL. I
an amount less than the amount payable pursuant to
the authority of this Code section prior to July 1, 1986;
(2) Increases in the local retirement allowance
granted on or after July 1, 1986, by the local retirement
system shall cause the amount payable by the board of
trustees pursuant to the authority of this Code section
to be decreased in the same amount as the increase
granted by the local retirement system; and
(3) Increases in the total retirement allowance paya-
ble to a locally retired teacher which hereafter result
from new or increased allowances paid by the board of
trustees to the locally retired teacher pursuant to provi-
sions of this chapter other than this Code section and
Code Section 47-3-126.2 shall not decrease the amount
payable by the board of trustees pursuant to the author-
ity of this Code section.
(d) As applied to locally retired teachers who retire on
or after July 1, 1986:
(1) Increases in the local retirement allowance
granted after retirement by the local retirement system
shall cause the amount payable by the board of trustees
pursuant to the authority of this Code section to be de-
creased in the same amount as the increase granted by
the local retirement system; and
(2) Increases after retirement in the total retire-
ment allowance payable to a locally retired teacher
which result from new or increased allowances paid by
the board of trustees to the locally retired teacher pur-
suant to provisions of this chapter other than this Code
section shall not decrease the amount payable by the
board of trustees pursuant to the authority of this Code
section.
(e) Notwithstanding the provisions of subsections (c)
and (d) of this Code section, if the minimum retirement allow-
ance provided for by subsection (a) of Code Section 47-3-120
is increased on or after July 1, 1986, the amount payable
by the board of trustees to a locally retired teacher pursuant
GEORGIA LAWS 1986 SESSION
625
to the authority of this Code section shall be the greater
of either of the following amounts:
(1) The amount necessary to increase the sum of
the total retirement allowance plus the amount payable
pursuant to the authority of this Code section to an
amount equal to the increased minimum retirement al-
lowance; or
(2) The same amount which the board of trustees
was paying pursuant to the authority of this Code section
on the date the increase in the minimum retirement
allowance became effective if the total retirement allow-
ance payable on that date exceeds the increased mini-
mum retirement allowance.
Section 3. Said chapter is further amended by adding im-
mediately following Code Section 47-3-126.1 a new Code Section
47-3-126.2 to read as follows:
"47-3-126.2. (a) As used in this Code section, the word
'beneficiary shall have the meaning specified in paragraph
(7) of Code Section 47-3-1 and shall also mean:
(1) Any retired teacher who retired pursuant to any
county, municipal, or local board of education retirement
or pension system;
(2) The surviving spouse of any retired teacher who
retired pursuant to a county, municipal, or local board
of education retirement or pension system if such surviv-
ing spouse is eligible to receive and is receiving a monthly
benefit pursuant to the local retirement or pension sys-
tem; and
(3) The surviving spouse of a teacher who was a
member of a county, municipal, or local board of educa-
tion retirement or pension system and who died prior
to retirement if such surviving spouse is eligible to re-
ceive and is receiving a monthly benefit pursuant to the
local retirement or pension system.
(b) Effective July 1,1986, the monthly retirement bene-
fit of each beneficiary who was receiving a benefit on July
1, 1981, shall be increased by:
626
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) One dollar for each full year of creditable service
which the beneficiary had at the time of retirement; plus
(2) One dollar for each full year which has elapsed
from the date of retirement until July 1, 1981.
(c) When the postretirement benefit adjustment pro-
vided by this Code section has been granted, there shall
be no further postretirement benefit adjustments pursuant
to the authority of this Code section.
Section 4. This Act shall become effective on July 1,1986.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
MOTOR VEHICLE LICENSE PLATES FORMER
PRISONERS OF WAR; SPOUSES.
Code Section 40-2-71.1 Amended.
No. 1438 (House Bill No. 1105).
AN ACT
To amend Code Section 40-2-71.1 of the Official Code of Geor-
gia Annotated, relating to special license plates for former pris-
oners of war, so as to provide that the spouse of a deceased
prisoner of war shall continue to be eligible for a special license
plate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-2-71.1 of the Official Code of
Georgia Annotated, relating to special license plates for former
GEORGIA LAWS 1986 SESSION
627
prisoners of war, is amended by striking said Code section and
inserting in lieu thereof a new Code section to read as follows:
"40-2-71.1. (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, or the Vietnam War.
(b) Owners of motor vehicles who are veterans of the
armed forces of the United States, who have been prisoners
of war, who were discharged under honorable conditions,
and who are residents of this state, upon complying with
the motor vehicle laws relating to registration and licensing
of motor vehicles, shall be issued one distinctive personalized
license plate free of charge and, upon the payment of the
appropriate taxes and registration fees, shall be issued addi-
tional distinctive personalized license plates. Such license
plates shall be fastened to the rear of the vehicles.
(c) The spouse of a deceased former prisoner of war shall
continue to be eligible to be issued a distinctive personalized
license plate as provided in this Code section so long as such
person remains unmarried.
(d) The commissioner is authorized and directed to de-
sign the license plate, establish procedures, and promulgate
rules and regulations to effectuate the purposes of this Code
section.
(e) The commissioner may begin issuing distinctive per-
sonalized license plates to such prisoners of war for the year
1982 and thereafter.
(f) This Code section is supplemental to the motor vehi-
cle licensing laws of this state.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
628
GENERAL ACTS AND RESOLUTIONS, VOL. I
"GEORGIA ANIMAL PROTECTION ACT ENACTED;
REGULATION OF ANIMAL SHELTERS, KENNELS,
STABLES, AND PET DEALERS.
Code Title 4, Chapter 11 Enacted.
No. 1439 (House Bill No. 1346).
AN ACT
To amend Title 4 of the Official Code of Georgia Annotated,
relating to animals, so as to regulate and license animal shelters,
kennels, stables, and pet dealers; to provide a short title; to
provide definitions; to prohibit certain conduct or activities; to
provide for licenses and the issuance, renewal, revocation, and
suspension thereof; to provide for fees; to provide for applica-
tions; to provide for classes of licenses; to provide for display
of licenses; to provide for practices and procedures; to provide
for exceptions; to provide for actions, service of process, and
enforcement; to authorize the Commissioner of Agriculture or
his designated agents to enter and inspect certain public or
private property; to require certain certificates of health for
shipment of certain animals; to authorize the Commissioner
to cooperate with the United States Secretary of Agriculture
in carrying out certain federal laws; to provide for rules and
regulations; to provide for injunctions and restraining orders;
to provide penalties; to provide for other matters relative to
the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 4 of the Official Code of Georgia Annotated,
relating to animals, is amended by adding a new Chapter 11
to read as follows:
"CHAPTER 11
4-11-1. This chapter may be cited as the 'Georgia Ani-
mal Protection Act.
4-11-2. As used in this chapter, the term:
GEORGIA LAWS 1986 SESSION
629
(1) 'Adequate food and water means food and water
which is sufficient in amount and appropriate for the
particular type of animal to prevent starvation, dehydra-
tion, or a significant risk to the animals health from a
lack of food or water.
(2) 'Animal shelter means any facility operated by
or under contract for the state, a county, a municipal
corporation, or any other political subdivision of the state
for the purpose of impounding or harboring seized, stray,
homeless, abandoned, or unwanted dogs, cats, and other
animals; any veterinary hospital or clinic operated by
a veterinarian or veterinarians which operates for such
purpose in addition to its customary purposes; and any
facility operated, owned, or maintained by a duly incorpo-
rated humane society, animal welfare society, or other
nonprofit organization for the purpose of providing for
and promoting the welfare, protection, and humane
treatment of animals.
(3) 'Equine means any member of the Equidae spe-
cies, including horses, mules, and asses.
(4) 'Humane care of animals means, but is not lim-
ited to, the provision of adequate heat, ventilation, sani-
tary shelter, and wholesome and adequate food and wa-
ter, consistent with the normal requirements and feeding
habits of the animals size, species, and breed.
(5) 'Kennel means any establishment, other than
an animal shelter, where dogs or cats are maintained
for boarding, holding, training, or similar purposes for
a fee or compensation.
(6) 'Person means any person, firm, corporation,
partnership, association, or other legal entity, any public
or private institution, the State of Georgia, or any county,
municipal corporation, or political subdivision of the
state.
(7) 'Pet dealer or 'pet dealership means any person
who sells, offers to sell, exchanges, or offers for adoption
dogs, cats, birds, fish, reptiles, or other animals custom-
630 GENERAL ACTS AND RESOLUTIONS, VOL. I
arily obtained as pets in this state. However, a person
who sells only animals that he has produced and raised,
not to exceed 30 animals a year, shall not be considered
a pet dealer under this chapter unless such a person is
licensed for a business by a local government or has a
Georgia sales tax number. The Commissioner may with
respect to any breed of animals decrease the 30 animal
per year exception in the foregoing sentence to a lesser
number of any animals for any species which is com-
monly bred and sold for commercial purposes in lesser
quantities. Operation of a veterinary hospital or clinic
by a licensed veterinarian shall not constitute the veteri-
narian a pet dealer, kennel, or stable under this chapter.
(8) 'Secretary of Agriculture means the Secretary
of the United States Department of Agriculture.
(9) 'Stable means any building, structure, or enclo-
sure used for the lodging and feeding of equines at which:
(A) Such equines are made available to the pub-
lic for riding and a fee is charged for the use of such
equines; or
(B) A fee is charged by the stable operator for
the boarding or feeding of such equines.
4-11-3. (a) It shall be unlawful for any person to act
as a pet dealer or operate a kennel, stable, or animal shelter
unless such person has a valid license issued by the Commis-
sioner of Agriculture. Any person acting without a license
in violation of this subsection shall be guilty of a misdemea-
nor.
(b) The Commissioner shall license pet dealers and ken-
nel, stable, and animal shelter operators under the applica-
ble provisions of Chapter 5 of Title 2, the 'Department of
Agriculture Registration, License, and Permit Act.
(c) Licenses shall be issued for a period of one year and
shall be annually renewable. The Commissioner may estab-
lish separate classes of licenses, including wholesale and re-
tail licenses. The Commissioner shall fix fees for licenses
GEORGIA LAWS 1986 SESSION
631
so that the revenue derived from licenses shall approximate
the total direct cost of administering this chapter. The Com-
missioner may establish different fees for the different
classes of licenses established, but the annual fee for any
such license shall be at least $10.00 but shall not exceed
$100.00.
(d) Applications for licenses shall be on a form furnished
by the Commissioner and, together with such other informa-
tion as the Commissioner shall require, shall state:
(1) The name of the applicant;
(2) The business address of the applicant;
(3) The complete telephone number of the applicant;
(4) The location of the pet dealership, kennel, stable,
or animal shelter;
(5) The type of ownership of the pet dealership, ken-
nel, stable, or animal shelter; and
(6) The name of the owner or, if a partnership, firm,
corporation, or other entity, the name of the partners
or stockholders.
4-11-4. A license must be prominently displayed at each
place of business of a pet dealer and at each kennel, stable,
and animal shelter in this state.
4-11-5. Any person licensed by the department as a bird
dealer shall not be required to obtain a license under this
chapter if such person does not deal in animals other than
birds. If, however, a licensed bird dealer sells, offers to sell,
exchanges, or offers for adoption dogs, cats, fish, reptiles,
or other animals (other than birds) customarily obtained
as pets, then such dealer shall be required to obtain a license
under this chapter in addition to his bird dealers license.
4-11-6. Any person who is not a resident of this state
but who engages in this state in any activities for which a
license is required by this chapter shall be subject to this
632 GENERAL ACTS AND RESOLUTIONS, VOL. I
chapter as to such activities. Each nonresident applicant
for a license required by this chapter shall be required as
a condition of licensure to execute a consent to the jurisdic-
tion of the courts of this state for any action filed under
this chapter; and service of process in any such action shall
be by certified mail by the Commissioner.
4-11-7. The Commissioner may refuse to issue or renew
or may suspend or revoke a license on any one or more of
the following grounds:
(1) Material misstatement in the application for the
original license or in the application for any renewal
license under this chapter;
(2) Willful disregard or violation of this chapter or
of any rules or regulations issued pursuant to this chap-
ter;
(3) Willfully aiding or abetting another in the viola-
tion of this chapter or of any regulation or rule issued
pursuant to this chapter;
(4) Allowing a license issued under this chapter to
be used by an unlicensed person;
(5) A violation of any law of this state or rule of
the Commissioner related to the disposition of, dealing
in, or handling of dogs, cats, equines, and other animals;
(6) Making substantial misrepresentations or false
promises in connection with the business of a licensee
under this chapter;
(7) Pursuing a continued course of making misrepre-
sentations or false promises through advertising, sales-
men, agents, or otherwise in connection with the business
of a licensee under this chapter;
(8) Failure to possess the necessary qualifications
or meet the requirements of this chapter for the issuance
or holding of a license; or
(9) Failure to provide proper facilities.
GEORGIA LAWS 1986 SESSION
633
4-11-8. The Commissioner is authorized to deny, sus-
pend, or revoke any license required by this chapter, subject
to notice and a hearing, in any case in which he finds that
there has been a violation of this chapter or any rule or
regulation adopted pursuant to this chapter. All proceedings
for denial, suspension, or revocation of a license shall be
conducted in conformance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.
4-11-9. The Commissioner or his designated agents are
authorized to enter upon any public or private property at
any time for the purpose of inspecting the business premises
of any pet dealer or any animal shelter, kennel, or stable
and the dogs, cats, equines, or other animals housed at such
facility to determine if such facility is licensed and for the
purpose of enforcing this chapter and the rules and regula-
tions adopted by the Commissioner pursuant to this chapter.
4-11-10. It shall be unlawful for any person licensed
under this chapter or any person employed by a person li-
censed under this chapter or under his supervision or control
to:
(1) Commit a violation of Code Section 16-12-4, relat-
ing to cruelty to animals, when such violation occurs
on the premises of or is related to the operation of the
pet dealership, animal shelter, kennel, or stable for which
the license has been issued or any other such facility
operated by the same person;
(2) Fail to keep the pet dealership premises, animal
shelter, kennel, or stable in a good state of repair, in a
clean and sanitary condition, adequately ventilated, or
disinfected when needed;
(3) Fail to provide adequate food and water;
(4) Fail to provide adequate and humane care for
any dog, cat, equine, or other animal at such facility;
or
(5) Fail to take reasonable care to release for sale,
trade, or adoption only those animals which appear to
be free of disease, injuries, or abnormalities.
634 GENERAL ACTS AND RESOLUTIONS, VOL. I
4-11-11. It shall be unlawful for any person to ship any
animal, other than equines, livestock, birds, cold-blooded ani-
mals, and rodents, into this state for the purpose of resale
unless such animal is accompanied by a U.S. interstate or
international certificate of health.
4-11-12. The Commissioner may cooperate with the
United States Secretary of Agriculture in carrying out Pub-
lic Law 89-544, commonly known as the Animal Welfare
Act, as amended by Public Laws 91-579 and 94-279, and
the rules and regulations issued by the Secretary of Agricul-
ture under that act. The Commissioner may promulgate reg-
ulations to facilitate cooperation and avoid any unnecessary
duplication or conflict of activities by the department and
the Secretary of Agriculture in regulating the activities or
areas covered by this chapter and Public Law 89-544. The
regulations may be in addition to other regulations autho-
rized by this chapter.
4-11-13. The provisions of this chapter shall not apply
to any person who raises, keeps, or maintains animals solely
for the purposes of human consumption.
4-11-14. The Commissioner is authorized to promulgate
and adopt rules and regulations necessary or appropriate
to carry out this chapter.
4-11-15. In addition to the remedies provided in this
chapter or elsewhere in the laws of this state and notwith-
standing the existence of an adequate remedy at law, the
Commissioner is authorized to apply to the superior courts
for an injunction or restraining order. Such courts shall have
jurisdiction and for good cause shown shall grant a tempo-
rary or permanent injunction or an ex parte or restraining
order, restraining or enjoining any person, partnership, firm,
corporation, or other entity from violating and continuing
to violate this chapter or any rules and regulations promul-
gated under this chapter. Such injunction or restraining or-
der shall be issued without bond and may be granted not-
withstanding the fact that the violation constitutes a crimi-
nal act and notwithstanding the pendency of any criminal
prosecution for the same violation.
4-11-16. Any person, partnership, firm, corporation, or
other entity violating any of the provisions of this chapter
GEORGIA LAWS 1986 SESSION
635
or any rule or regulation of the Commissioner adopted pur-
suant to this chapter shall be guilty of a misdemeanor.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
DECEPTIVE OR UNFAIR TRADE PRACTICES SALES OF
LIMITED EDITION REPRODUCTIONS OF ART;
WARRANTIES; PENALTIES.
Code Sections 10-1-430 through 10-1-437 Enacted.
No. 1440 (House Bill No. 1253).
AN ACT
To amend Article 15 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated, relating to deceptive or unfair prac-
tices, so as to regulate the sale of limited edition reproductions
of works of art; to provide definitions; to require the disclosure
of certain information with respect to the sale of fine art multi-
ples; to provide for warranties; to provide for construction; to
provide for remedies and enforcement; to provide for civil penal-
ties; to provide for applicability and exceptions; to provide for
related matters; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 15 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated, relating to deceptive or unfair prac-
tices, is amended by adding at the end thereof a new Part 5
to read as follows:
"Part 5
10-1-430. As used in the part, the term:
636 GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) 'Art dealer means a person who is in the busi-
ness of dealing exclusively or nonexclusively in fine art
multiples, a person who by his occupation holds himself
out as having knowledge or skill peculiar to fine art mul-
tiples or persons to whom that knowledge or skill may
be attributed by his employment of an agent or other
intermediary who by his occupation holds himself out
as having that knowledge or skill, or an auctioneer who
sells fine art multiples at public auction. The term shall
not include consignors or principals of auctioneers unless
such consignors or principals are otherwise specifically
defined as art dealers by this paragraph.
(2) 'Artist means the person who created the image
which is contained in or constitutes the master or who
conceived of and approved the image which is contained
in or constitutes the master.
(3) 'Fine art multiple or 'multiple means any print,
positive or negative photograph, or similar art object pro-
duced in more than one copy. The term includes pages
or sheets taken from books or magazines but shall not
include books or magazines.
(4) 'Limited edition means fine art multiples pro-
duced from a master all of which are the same image
and which bear numbers or other markings to denote
the limited production thereof to a stated maximum
number of multiples or which are otherwise held out
as limited to a maximum number of multiples.
(5) 'Master means a printing plate, stone, block,
screen, photographic negative, or other device which con-
tains an image and is used to produce fine art objects
in multiples.
(6) 'Person means an individual, partnership, corpo-
ration, association, or other entity.
(7) 'Print means a multiple produced by, but not
limited to, engraving, etching, woodcutting, lithography,
and serigraphy and a multiple produced or developed
from photographic negatives.
GEORGIA LAWS 1986 SESSION
637
(8) 'Proofs means multiples which are the same as
and which are produced in a limited edition from the
same master as the multiples but which, whether so des-
ignated or not, are set aside from and are in addition
to the limited edition to which they relate.
(9) 'Signed means autographed by the artists own
hand, and not by mechanical means of reproduction, af-
ter the multiple is produced.
(10) 'Written instrument means a written or printed
agreement, bill of sale, invoice, certificate of authenticity,
catalogue, note, memorandum, or label describing a mul-
tiple which is to be sold, exchanged, or consigned by an
art dealer.
10-1-431. (a) An art dealer shall not sell or consign a
multiple in, into, or out of this state unless a written instru-
ment is furnished to the purchaser or consignee prior to
the sale or consignment which sets forth as to each multiple
the descriptive information required by Code Section 10-1-
432. If a prospective purchaser so requests, the information
shall be transmitted to him prior to the payment or placing
of an order for a multiple. If payment is made by a purchaser
prior to delivery of such a multiple, this information shall
be supplied at the time of or prior to delivery. With respect
to auctions, this information may be furnished in catalogues
or other written materials which are made readily available
for consultation and purchase prior to sale, provided that
a bill of sale, receipt, or invoice describing the transaction
is then provided which makes reference to the catalogue
and lot number in which this information is supplied. Infor-
mation supplied pursuant to this subsection shall be clearly,
specifically, and distinctly addressed to each of the items
listed in Code Section 10-1-432 unless the required data is
not applicable. This Code section is applicable to transactions
by and between art dealers and others considered to be art
dealers for the purposes of this part.
(b) (1) An art dealer shall not cause a catalogue, pro-
spectus, flyer, or other written material or advertisement
to be distributed in, into, or from this state which solicits
a direct sale, by inviting transmittal of payment for a
638
GENERAL ACTS AND RESOLUTIONS, VOL. I
specific multiple, unless it clearly sets forth, in close phys-
ical proximity to the place in such material where the
multiple is described, the descriptive information re-
quired by Code Section 10-1-432. In lieu of this required
information, the written material or advertising may set
forth the material contained in the following quoted pas-
sage, or the passage itself, if the art dealer then supplies
the required information prior to or with delivery of the
multiple. The nonobservance of the terms within the fol-
lowing passage shall constitute a violation of this part:
'Georgia law provides for disclosure in writing of
information concerning certain fine prints and photo-
graphs prior to effecting a sale of them. This law re-
quires disclosure of such matters as the identity of
the artist, the artists signature, the medium, whether
the multiple is a reproduction, the time when the
multiple was produced, use of the plate which pro-
duced the multiple, and the number of multiples in
a "limited edition. If a prospective purchaser so re-
quests, the information shall be transmitted to him
prior to payment or the placing of an order for a
multiple. If payment is made by a purchaser prior
to delivery of the multiple, this information will be
supplied at the time of or prior to delivery, in which
case the purchaser is entitled to a refund if, for rea-
sons related to matter contained in such information,
he returns the multiple in the condition in which
received within 30 days of receiving it. In addition,
if after payment and delivery, it is ascertained that
the information provided is incorrect, the purchaser
may be entitled to certain remedies, including refund
upon return of the multiple in the condition in which
received.
(2) This requirement is not applicable to general
written material or advertising which does not constitute
an offer to effect a specific sale.
(c) In each place of business in the state where an art
dealer is regularly engaged in sales of multiples, the art
dealer shall post in a conspicuous place, a sign which, in a
legible format, contains the information included in the fol-
lowing passage:
GEORGIA LAWS 1986 SESSION
639
'Georgia law provides for the disclosure in writing
of certain information concerning prints and photo-
graphs. This information is available to you, and you
may request to receive it prior to purchase.
(d) If an art dealer offering multiples by means of a
catalogue, prospectus, flyer, or other written material or ad-
vertisement distributed in, into, or from this state disclaims
knowledge as to any relevant detail referred to in Code Sec-
tion 10-1-432, he shall so state specifically and categorically
with regard to each such detail to the end that the purchaser
shall be able to judge the degree of uniqueness or scarcity
of each multiple contained in the edition so offered. Describ-
ing the edition as an edition of 'reproductions eliminates
the need to furnish further informational details unless the
edition was allegedly published in a signed, numbered, or
limited edition, or any combination thereof, in which case
all of the informational details are required to be furnished.
(e) Whenever an artist sells or consigns a multiple of
his own creation or conception, the artist shall disclose the
information required by Code Section 10-1-432, but an artist
shall not otherwise be regarded as an art dealer.
10-1-432. (a) Except as provided in subsections (c), (d),
and (e) of this Code section, the following information shall
be provided as required by Code Section 10-1-431:
(1) The name of the artist;
(2) If the artists name appears on the multiple, a
statement whether the multiple was signed by the artist;
or if the multiple was not signed by the artist, a statement
of the source of the artists name on the multiple, such
as whether the artist placed his signature on the multiple
or on the master, whether his name was stamped or es-
tate stamped on the multiple or on the master, or was
from some other source or in some other manner placed
on the multiple or on the master;
(3) A description of the medium or process, and
where pertinent to photographic processes, the material
used in producing the multiple, such as whether the mul-
640 GENERAL ACTS AND RESOLUTIONS, VOL. I
tiple was produced through the etching, engraving, litho-
graphic, serigraphic, or a particular method or material
used in photographic developing processes. If an estab-
lished term, in accordance with the usage of the trade,
cannot be employed accurately to describe the medium
or process, a brief, clear description shall be made;
(4) If the multiple or the image on or in the master
constitutes a photomechanical or photographic type of
reproduction of an image produced in a different medium,
for a purpose other than the creation of the multiple
being described, a statement of this information and the
respective mediums;
(5) If paragraph (4) of this subsection is applicable,
and the multiple is not signed, a statement whether the
artist authorized or approved in writing the multiple or
the edition of which the multiple being described is one;
(6) If the purported artist was deceased at the time
the master was made which produced the multiple, this
shall be stated;
(7) If the multiple is a 'posthumous multiple, that
is, if the master was created during the life of the artist
but the multiple was produced after the artists death,
this shall be stated;
(8) If the multiple was made from a master which
produced a prior limited edition, or from a master which
constitutes or was made from a reproduction of a prior
multiple or the master which produced the prior limited
edition, this shall be stated as shall the total number
of multiples, including proofs, of all other editions pro-
duced from that master;
(9) As to multiples produced after 1949, the year
or approximate year the multiple was produced shall
be stated. As to multiples produced prior to 1950, state
the year, approximate year, or period when the master
was made which produced the multiple and when the
particular multiple being described was produced. The
requirements of this paragraph shall be satisfied when
the year stated is approximately accurate;
GEORGIA LAWS 1986 SESSION
641
(10) Whether the edition is being offered as a limited
edition, and if so the authorized maximum number of
signed or numbered impressions, or both, in the edition;
the authorized maximum number of unsigned or unnum-
bered impressions, or both, in the edition; the authorized
maximum number of artists, publishers, or other proofs,
if any, outside of the regular edition; and the total size
of the edition; and
(11) Whether or not the master has been destroyed,
effaced, altered, defaced, or canceled after the current
edition.
(b) If the multiple is part of a limited edition and was
printed after July 1, 1986, the statement of the size of the
limited edition, as stated pursuant to paragraph (10) of sub-
section (a) of this Code section shall also constitute an express
warranty that no additional multiples of the same image,
including proofs, have been produced in this or in any other
limited edition.
(c) If the multiple was produced in the period from 1950
to July 1,1986, the information required to be supplied need
not include the information required by paragraphs (5) and
(8) of subsection (a) of this Code section.
(d) If the multiple was produced in the period from 1900
to 1949, the information required to be supplied need only
consist of the information required by paragraphs (1), (2),
(3), and (9) of subsection (a) of this Code section.
(e) If the multiple was produced before the year 1900,
the information to be supplied need only consist of the infor-
mation required by paragraphs (1), (3), and (9) of subsection
(a) of this Code section.
10-1-433. (a) (1) Except as provided in paragraph (2)
of this subsection, whenever an art dealer furnishes infor-
mation as required by Code Section 10-1-432, such infor-
mation shall be a part of the basis of the bargain and
shall create express warranties as to the information
provided. Such warranties shall not be negated or limited
because the art dealer in the written instrument did not
642 GENERAL ACTS AND RESOLUTIONS, VOL. I
use formal words such as 'warrant or 'guarantee or be-
cause the art dealer did not have a specific intention
or authorization to make a warranty or because any re-
quired statement is or purports to be the art dealers
opinion. The existence of a basis in fact for information
warranted by virtue of this subsection shall not be a
defense in an action to enforce such warranty.
(2) With respect to photographic multiples produced
prior to 1950 and other multiples produced prior to 1900,
the information required by paragraph (3) of subsection
(a) of Code Section 10-1-432 shall be deemed to be correct
if a reasonable basis in fact exists for the information
provided.
(b) When information is not supplied, this shall consti-
tute the express warrant that such information is not re-
quired to be disclosed.
(c) Whenever an art dealer disclaims knowledge as to
a particular item about which information is required, such
disclaimer shall be ineffective unless clearly, specifically, and
categorically stated as to the particular item and contained
in the physical context of other language setting forth the
required information as to a specific multiple.
10-1-434. (a) The rights, liabilities, and remedies cre-
ated by this part shall be construed to be in addition to
and not in substitution, exclusion, or displacement of other
rights, liabilities, and remedies provided by law.
(b) Whenever an artist sells or consigns a multiple of
his own creation, the artist shall incur the obligations pre-
scribed by this part for an art dealer.
(c) An artist or merchant who consigns a multiple to
an art dealer for the purpose of effecting a sale of the multi-
ple shall have no liability to a purchaser under this part
if such consignor, as to the consignee, has complied with
the provisions of this part.
(d) When an art dealer has agreed to sell a multiple
on behalf of a consignor who is not an art dealer or when
GEORGIA LAWS 1986 SESSION
643
an artist has not consigned a multiple to an art dealer, but
the art dealer has agreed to act as the agent for an artist
for the purpose of supplying the information required by
this part, such art dealer shall incur the liabilities of other
art dealers prescribed by this part as to a purchaser.
(e) When an art dealer is liable to a purchaser pursuant
to the provisions of this part, as a result of providing informa-
tion in the situations referred to in this Code section, as
well as when such an art dealer purchased such a multiple
from another art dealer, if the art dealer can establish that
his liability results from incorrect information which was
provided by the consignor, artist, or art dealer to him in
writing, and the art dealer who is liable in good faith relied
on such information, the consignor, artist, or art dealer shall
similarly incur such liabilities as to the purchaser and such
art dealer.
10-1-435. (a) An art dealer, including a dealer con-
signee, who offers or sells a multiple in, into, or from this
state without providing the information required in Code
Sections 10-1-431 and 10-1-432 or who provides information
which is mistaken, erroneous, or untrue, except for harmless
errors such as typographical errors, shall be liable to the
purchaser of the multiple. The art dealers liability shall
consist of the consideration paid by the purchaser for the
multiple, with interest at the legal rate thereon, upon the
return of the multiple in the condition in which received
by the purchaser.
Cb) In any case in which an art dealer, including a dealer
consignee, willfully offers or sells a multiple in violation of
this part, the person purchasing such multiple may recover
from the art dealer, including a dealer consignee, who offers
or sells such multiple an amount equal to three times the
amount required under subsection (a) of this Code section.
(c) No action shall be maintained to enforce any liability
under this Code section unless brought within one year after
discovery of the violation upon which it is based and in no
event more than three years after the multiple was sold.
(d) In any action to enforce any provision of this part,
the court may allow the prevailing purchaser the costs of
644 GENERAL ACTS AND RESOLUTIONS, VOL. I
the action together with reasonable attorneys and expert
witnesses fees. In the event, however, the court determines
that an action to enforce was brought in bad faith, it may
allow such expenses to the seller as it deems appropriate.
(e) These remedies shall not bar or be deemed inconsis-
tent with a claim for damages or with the exercise of addi-
tional remedies otherwise available to the purchaser.
(f) In any proceeding in which an art dealer relies upon
a disclaimer of knowledge as to any relevant information
set forth in Code Section 10-1-432 for any time period, such
disclaimer shall be effective unless the claimant is able to
establish that the art dealer failed to make reasonable inqui-
ries, according to the custom and usage of the trade, to ascer-
tain the relevant information or that such relevant informa-
tion would have been ascertained as a result of such
reasonable inquiries.
10-1-436. (a) Whenever the Attorney General or any
district attorney has reason to believe that any person is
violating any provision of this part, he may bring an action
against such person to restrain or enjoin continued viola-
tions. With the exception of consent judgments entered be-
fore any testimony is taken, a final judgment under this
Code section is admissible as prima-facie evidence of such
specific findings of fact as may be made by the court which
enters the judgment in subsequent proceedings by or against
the same person or his successors or assigns.
Ob) Any person who violates any provision of this part
may be liable for a civil penalty not to exceed $500.00 for
each violation. Such penalty may be assessed and recovered
in a civil action brought by the Attorney General or any
district attorney.
10-1-437. (a) This part shall not apply to any fine art
multiple when offered for sale or sold at wholesale or retail
for $100.00 or less, exclusive of any frame.
(b) Any charitable organization which conducts a sale
or auction of fine art multiples shall be exempt from the
disclosure requirements of this part if it posts in a conspicu-
GEORGIA LAWS 1986 SESSION
645
ous place, at the site of the sale or auction, a disclaimer of
any knowledge of the information specified in Code Section
10-1-432 and includes such a disclaimer in a catalogue, if
any, distributed by the organization with respect to the sale
or auction of fine art multiples. If a charitable organization
uses or employs an art dealer to conduct a sale or auction
of fine art multiples, the art dealer shall be subject to all
disclosure requirements otherwise required of an art dealer
under this part.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
ANATOMICAL GIFTS PROCEDURES; MINORS;
IRREVOCABILITY AT DEATH; PURCHASE OR SALE OF
HUMAN BODIES OR PARTS THEREOF.
Code Sections 44-5-143 and 44-5-145 Amended.
Code Sections 16-12-160 and 44-5-143.1 Enacted.
No. 1441 (House Bill No. 1334).
AN ACT
To amend Article 6 of Chapter 5 of Title 44 of the Official
Code of Georgia Annotated, relating to anatomical gifts, so as
to require organ banks, eye or tissue banks, or storage facilities
to request that anatomical gifts be made; to authorize the par-
ents, legal guardian, or other authorized person to make an
anatomical gift of an individual under 18 years of age, such
gift to take effect at death; to require organ banks, eye or tissue
banks, or storage facilities to request that parents, legal guard-
ians, or other authorized persons make such gifts; to provide
for record keeping for such gifts and related matters; to provide
for rules and regulations by the Board of Human Resources;
646
GENERAL ACTS AND RESOLUTIONS, VOL. I
to provide that, unless such gifts are medically unsuitable, cer-
tain anatomical gifts are irrevocable at death; to amend Chapter
12 of Title 16 of the Official Code of Georgia Annotated, relating
to offenses against public health and morals, so as to make it
unlawful for any person, firm, or corporation to buy or sell, to
offer to buy or sell, or to assist another in buying or selling or
offering to buy or sell a human body or a part of a human
body; to provide exceptions; to provide a punishment; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 6 of Chapter 5 of Title 44 of the Official
Code of Georgia Annotated, relating to anatomical gifts, is
amended by striking in its entirety Code Section 44-5-143, relat-
ing to persons who may make anatomical gifts, and inserting
in its place a new Code Section 44-5-143 to read as follows:
"44-5-143. (a) Any individual who is 18 years of age
or older and of sound mind may give all or any part of his
body for any purpose specified in Code Section 44-5-144, the
gift to take effect upon death.
(b) On or before the occurrence of death in a hospital,
when persons in prior classes are not available and in the
absence of actual notice of contrary indications by the dece-
dent or actual notice of opposition by a member of the same
or a prior class, the person in charge of the hospital or his
designated representative shall notify the concerned organ
bank, eye or tissue bank, or storage facility which shall, if
appropriate, request that any of the following persons, in
order of priority stated, give all or any part of the decedents
body for any purpose specified in Code Section 44-5-144:
(1) The spouse;
(2) An adult son or daughter;
(3) Either parent;
(4) An adult brother or sister;
GEORGIA LAWS 1986 SESSION
647
(5) A guardian of the person of the decedent at the
time of his death other than a guardian ad litem ap-
pointed for such purpose; or
(6) Any other person authorized or under obligation
to dispose of the body.
(c) (1) The person in charge of the hospital or his desig-
nated representative shall record in a book kept for this
purpose a statement to the effect that the concerned or-
gan bank, eye or tissue bank, or storage facility has been
notified and whether, if appropriate, a request for a con-
sent to an anatomical gift has been made and shall fur-
ther indicate whether or not consent was granted, the
name of the person granting the consent, and his or her
relationship to the decedent.
(2) A request under subsection (b) of this Code sec-
tion is appropriate only when consent would yield a dona-
tion suitable for use pursuant to medical and other crite-
ria as defined by regulations of the Board of Human Re-
sources.
(d) If the donee has actual notice of contrary indications
by the decedent or actual notice that a gift by a member
of a class is opposed by a member of the same or a prior
class, the donee shall not accept the gift. The persons autho-
rized by subsection (b) of this Code section may make the
gift after or immediately before death. Upon admission of
a person to any hospital, at his request, the hospital shall
record in a book kept for the purpose, the expression of
intent of such person with regard to the disposition of his
body and such expression shall be deemed to be sufficient
notice under this Code section not to be contravened by oppo-
sition from persons listed in subsection (b) of this Code sec-
tion.
(e) A gift of all or part of a body authorizes any examina-
tion necessary to assure medical acceptability of the gift
for the purposes intended.
(f) The rights of the donee created by the gift are para-
mount to the rights of others except as provided by subsec-
tion (d) of Code Section 44-5-148.
648
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) The Board of Human Resources shall establish regu-
lations concerning the training of any person or persons
who may be designated to perform the request and the proce-
dures to be employed in making it. In addition, the board
shall establish such regulations as are necessary to imple-
ment appropriate hospital procedures to facilitate the deliv-
ery of donations from receiving hospitals to potential recipi-
ents.
(h) The Board of Human Resources shall establish such
additional rules and regulations as are necessary for the
implementation of this Code section.
(i) In promulgating or amending all rules and regula-
tions required for the proper implementation and adminis-
tration of this Code section, the Board of Human Resources
shall consult with and receive input from any and all affected
associations, agencies, or entities including but not limited
to the Medical Association of Georgia, the Atlanta Regional
Organ Procurement Agency, the Atlanta Regional Tissue
Bank, the Medical College of Georgia Regional Organ Pro-
curement Program, the Georgia Lions Eye Bank, Inc., and
the Georgia Hospital Association.
Section 2. Said article is further amended by inserting
immediately following Code Section 44-5-143 a new Code section,
to be designated Code Section 44-5-143.1, to read as follows:
"44-5-143.1. (a) The parents, legal guardian, or other
person authorized under subsection (b) of this Code section
may, unless otherwise directed by a will, give all or any
part of the body of a person who is under 18 years of age
for any purpose specified in Code Section 44-5-144, the gift
to take effect upon death.
(b) On or before the occurrence of death in a hospital,
when persons in prior classes are not available and in the
absence of actual notice of contrary indications by the dece-
dent or actual notice of opposition by a member of the same
or a prior class, the person in charge of the hospital or his
designated representative shall notify the concerned organ
bank, eye or tissue bank, or storage facility which shall, if
appropriate, request that any of the following persons, in
GEORGIA LAWS 1986 SESSION
649
order of priority stated, give all or any part of the decedents
body for any purpose specified in Code Section 44-5-144:
(1) Both parents;
(2) If both parents are not readily available and no
contrary indications of the absent parent are known, one
parent;
(3) If the parents are divorced or legally separated,
the custodial parent;
(4) In the absence of the custodial parent, when no
contrary indications of the absent parent are known, the
noncustodial parent;
(5) If there are no parents, the legal guardian; or
(6) Any other person authorized or obligated to dis-
pose of the body.
(c) (1) The person in charge of the hospital or his desig-
nated representative shall record in a book kept for this
purpose a statement to the effect that the concerned or-
gan bank, eye or tissue bank, or storage facility has been
notified and whether, if appropriate, a request for a con-
sent to an anatomical gift has been made and shall fur-
ther indicate whether or not consent was granted, the
name of the person granting the consent, and his or her
relationship to the decedent.
(2) A request under subsection (b) of this Code sec-
tion is appropriate only when consent would yield a dona-
tion suitable for use pursuant to medical and other crite-
ria as defined by regulations of the Board of Human
Resources.
(d) If the donee has actual notice of contrary indications
by the decedent or actual notice that a gift by a member
of a class is opposed by a member of the same or a prior
class, the donee shall not accept the gift. The persons autho-
rized by subsection (b) of this Code section may make the
gift after or immediately before death. Upon admission of
650
GENERAL ACTS AND RESOLUTIONS, VOL. I
a person to any hospital at his request, the hospital shall
record in a book kept for the purpose of the expression of
intent of such person with regard to the disposition of his
body and such expression shall be deemed to be sufficient
notice under this Code section not to be contravened by oppo-
sition from persons listed in subsection (b) of this Code sec-
tion.
(e) A gift of all or part of a body authorizes any examina-
tion necessary to assure medical acceptability of the gift
for the purposes intended.
(f) The rights of the donee created by the gift are para-
mount to the rights of others except as provided by subsec-
tion (d) of Code Section 44-5-148.
(g) The Board of Human Resources shall establish regu-
lations concerning the training of any person or persons
who may be designated to perform the request and the proce-
dures to be employed in making it. In addition, the board
shall establish such regulations as are necessary to imple-
ment appropriate hospital procedures to facilitate the deliv-
ery of donations from receiving hospitals to potential recipi-
ents.
(h) The Board of Human Resources shall establish such
additional rules and regulations as are necessary for the
implementation of this Code Section.
(i) In promulgating or amending all rules and regula-
tions required for the proper implementation and adminis-
tration of this Code section, the Board of Human Resources
shall consult with and receive input from any and all affected
associations, agencies, or entities including but not limited
to the Medical Association of Georgia, the Atlanta Regional
Organ Procurement Agency, the Atlanta Regional Tissue
Bank, the Medical College of Georgia Regional Organ Pro-
curement Program, the Georgia Lions Eye Bank, Inc., and
the Georgia Hospital Association.
Section 3. Said article is further amended by striking in
its entirety subsection (b) of Code Section 44-5-145, relating to
GEORGIA LAWS 1986 SESSION
651
anatomical gifts made by will, donor card, or other instrument,
and inserting in its place a new subsection (b) to read as follows:
"(b) A gift of all or part of the body under subsection
(a) of Code Section 44-5-143 may also be made by a document
other than a will. Unless the gift is deemed medically unsuit-
able, the gift becomes effective and irrevocable upon the
death of the donor. The document, which may be a card
designed to be carried on the person, must be signed by
the donor in the presence of two witnesses who must sign
the document in his presence. If the donor cannot sign, the
document may be signed for him at his direction and in
his presence and in the presence of two witnesses who must
sign the document in his presence. Delivery of the document
of gift during the donors lifetime is not necessary to make
the gift valid.
Section 4. Chapter 12 of Title 16 of the Official Code of
Georgia Annotated, relating to offenses against public health
and morals, is amended by adding at the end thereof a new
Article 6 to read as follows:
"ARTICLE 6
16-12-160. (a) It shall be unlawful, except as provided
in subsection (b) of this Code section, for any person, firm,
or corporation to buy or sell, to offer to buy or sell, or to
assist another in buying or selling or offering to buy or sell
a human body or any part of a human body.
(b) The prohibition contained in subsection (a) of this
Code section shall not apply to:
(1) The purchase or sale of whole blood, blood
plasma, blood products, blood derivatives, other self-repli-
cating body fluids, or hair;
(2) A gift or donation of a human body or any part
of a human body or any procedure connected therewith
as provided in Article 6 of Chapter 5 of Title 44;
(3) The reimbursement of actual expenses, including
medical costs, lost income, and travel expenses, incurred
by a living person in giving or donating a part of his
body;
652
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The payment of financial assistance under a plan
of insurance or other health care coverage;
(5) The purchase or sale of human tissue, organs,
or other parts of the human body for health sciences
education; or
(6) The payment of reasonable costs associated with
the removal, storage, or transportation of a human body
or any part of a human body given or donated for medical
or scientific purposes.
(c) Any person, firm, or corporation convicted of violat-
ing subsection (a) of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished by
a fine not exceeding $5,000.00 or by imprisonment for not
less than one year nor more than five years, or both.
Section 5. This Act shall become effective July 1, 1987.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April if 1986.
CRIMES AND OFFENSES CRIMINAL REPRODUCTION
OF RECORDED MATERIAL; VISUAL IMAGES; VIDEOTAPE;
MASTERS.
Code Section 16-8-60 Amended.
No. 1442 (House Bill No. 1723).
AN ACT
To amend Article 3 of Chapter 8 of Title 16 of the Official
Code of Georgia Annotated, relating to criminal reproduction
GEORGIA LAWS 1986 SESSION
653
and sale of recorded material, so as to prohibit certain unautho-
rized transfers and reproductions of recorded materials; to pro-
hibit distribution and sale of such unauthorized transfers and
reproductions of recorded materials; to provide certain excep-
tions; to provide penalties; 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 3 of Chapter 8 of Title 16 of the Official
Code of Georgia Annotated, relating to criminal reproduction
and sale of recorded material, is amended by striking Code Sec-
tion 16-8-60 in its entirety and inserting in lieu thereof a new
Code Section 16-8-60 to read as follows:
"16-8-60. (a) It is unlawful for any person, firm, part-
nership, corporation, or association knowingly to:
(1) Transfer or cause to be transferred any sounds
or visual images recorded on a phonograph record, disc,
wire, tape, videotape, film, or other article on which
sounds or visual images are recorded onto any other pho-
nograph record, disc, wire, tape, videotape, film, or article
without the consent of the person who owns the master
phonograph record, master disc, master tape, master
videotape, master film, or other device or article from
which the sounds or visual images are derived; or
(2) Sell; distribute; circulate; offer for sale, distribu-
tion, or circulation; possess for the purpose of sale, distri-
bution, or circulation; cause to be sold, distributed, or
circulated; cause to be offered for sale, distribution, or
circulation; or cause to be possessed for sale, distribution,
or circulation any article or device on which sounds or
visual images have been transferred, knowing it to have
been made without the consent of the person who owns
the master phonograph record, master disc, master tape,
master videotape, master film, or other device or article
from which the sounds are derived.
(b) It is unlawful for any person, firm, partnership, cor-
poration, or association to sell; distribute; circulate; offer
654 GENERAL ACTS AND RESOLUTIONS, VOL. I
for sale, distribution, or circulation; or possess for the pur-
poses of sale, distribution, or circulation any phonograph
record, disc, wire, tape, videotape, film, or other article on
which sounds or visual images have been transferred unless
such phonograph record, disc, wire, tape, videotape, film,
or other article bears the actual name and address of the
transferor of the sounds or visual images in a prominent
place on its outside face or package.
(c) This Code section does not apply to any person who
transfers or causes to be transferred any such sounds or
visual images:
(1) Intended for or in connection with radio or televi-
sion broadcast transmission or related uses;
(2) For archival purposes; or
(3) Solely for the personal use of the person transfer-
ring or causing the transfer and without any profit being
derived by the person from the transfer.
(d) Violation of this Code section is a felony and is pun-
ishable upon conviction by a fine of not more than $25,000.00
or by imprisonment for not less than one year nor more
than two years, or both fine and imprisonment; second or
subsequent violations of this Code section shall be punishable
upon conviction by a fine of not more than $100,000.00 or
by imprisonment for not less than one year nor more than
three years, or both fine and imprisonment.
(e) This Code section shall neither enlarge nor diminish
the right of parties to enter into a private contract.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GEORGIA LAWS 1986 SESSION
655
HIGHWAYS, BRIDGES, AND FERRIES PERMITS FOR
TRANSPORTATION OF MODULAR OR SECTIONAL
HOUSING UNITS.
Code Section 32-6-28 Amended.
No. 1443 (House Bill No. 1382).
AN ACT
To amend Code Section 32-6-28 of the Official Code of Georgia
Annotated, relating to permits for excess weight and dimen-
sions, so as to authorize the commissioner of transportation or
an official of the Department of Transportation designated by
the commissioner, in his discretion, upon application in writing
to issue a permit in writing authorizing the applicant to operate
or move a motor vehicle or combination of vehicles for transport-
ing not more than two modular or sectional housing units upon
the states public roads under certain conditions; to provide for
other matters related to the foregoing; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 32-6-28 of the Official Code of Geor-
gia Annotated, relating to permits for excess weight and dimen-
sions, is amended by redesignating paragraph (1) of subsection
(a) as subparagraph (a)(1)(A) and by adding a new subparagraph
(B) at the end of said paragraph to read as follows:
"(B) Notwithstanding the provisions of subparagraph
(A) of this paragraph, the commissioner or an official of the
department designated by the commissioner may, in his dis-
cretion, upon application in writing and good cause being
shown therefor, issue to a specific tow vehicle a permit in
writing authorizing the applicant to operate or move upon
the states public roads a motor vehicle or combination of
vehicles and loads for transporting not more than two modu-
lar housing units or sectional housing units if the total
weight, width, length, and height of the vehicle or combina-
tion of vehicles, including the load, does not exceed the limits
656
GENERAL ACTS AND RESOLUTIONS, VOL. I
specified in Code Section 32-6-22, Code Section 32-6-26, and
subparagraph (c)(1)(E) of this Code section. No permit shall
be issued to any vehicle or combination of vehicles whose
operation upon the public roads of this state threatens the
safety of others or threatens to damage unduly a road or
any appurtenance thereto.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GEORGIA DEVELOPMENT AUTHORITY FIRST- TIME
FARMER TAX-FREE NOTE PROGRAM; ELIGIBILITY FOR
LOANS.
Code Section 50-10-5 Amended.
No. 1444 (House Bill No. 1376).
AN ACT
To amend Code Section 50-10-5 of the Official Code of Georgia
Annotated, relating to the corporate powers and purposes of
the Georgia Development Authority, so as to provide that loans
under the first-time farmer tax-free note program of the author-
ity or any similar loan program established by the authority
after July 1,1986, may be made only to persons who have demon-
strated an ability and an intention to earn at least 25 percent
of their livelihood from agricultural operations; to provide for
all related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
657
Section 1. Code Section 50-10-5 of the Official Code of Geor-
gia Annotated, relating to the corporate powers and purposes
of the Georgia Development Authority, is amended by adding
at the end thereof a new subsection (f) to read as follows:
"(f) No person shall be eligible to receive a loan from
the first-time farmer tax-free note program of the authority,
or any similar loan program established by the authority
after July 1, 1986, unless such person has demonstrated to
the satisfaction of the authority that such person has the
ability to and intends to derive at least 25 percent of his
or her livelihood from agricultural operations.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
CRIMINAL PROCEDURE ARRESTS; FAMILY VIOLENCE;
PERSONS OF THE OPPOSITE SEX DWELLING TOGETHER
OPENLY IN A MERETRICIOUS RELATIONSHIP.
Code Section 17-4-20 Amended.
No. 1445 (House Bill No. 1447).
AN ACT
To amend Chapter 4 of Title 17 of the Official Code of Georgia
Annotated, relating to arrest of persons, so as to provide that
a law enforcement officer may arrest if the officer has probable
cause to believe that certain offenses have occurred under cer-
tain conditions; to repeal conflicting laws; and for other pur-
poses.
658 GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 4 of Title 17 of the Official Code of
Georgia Annotated, relating to arrest of persons, is amended
by striking Code Section 17-4-20, relating to authorization of
arrests with or without warrants generally, in its entirety and
inserting in lieu thereof a new Code Section 17-4-20 to read
as follows:
17-4-20. (a) An arrest for a crime may be made by
a law enforcement officer either under a warrant or without
a warrant if the offense is committed in his presence or
within his immediate knowledge; if the offender is endeavor-
ing to escape; if the officer has probable cause to believe
that an act of family violence, as defined in Code Section
19-13-1, has been committed or a criminal offense as set
forth in paragraphs (1) and (2) of Code Section 19-13-1 has
occurred between persons of the opposite sex dwelling to-
gether openly in a meretricious relationship; or for other
cause if there is likely to be failure of justice for want of a
judicial officer to issue a warrant.
(b) No law enforcement agency of this state or of any
political subdivision of this state shall adopt or promulgate
any rule, regulation, or policy which prohibits a peace officer
from using that degree of force to apprehend a suspected
felon which is allowed by the statutory and case law of this
state.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GEORGIA LAWS 1986 SESSION
659
GEORGIA BUREAU OF INVESTIGATION MISSING
CHILDREN INFORMATION CENTER; LOCAL LAW
ENFORCEMENT AGENCIES.
Code Sections 35-3-80 through 35-3-85 Enacted.
No. 1446 (House Bill No. 1263).
AN ACT
To amend Chapter 3 of Title 35 of the Official Code of Georgia
Annotated, relating to the Georgia Bureau of Investigation, so
as to authorize creation of a Missing Children Information Cen-
ter; to provide for definitions; to provide for powers; to provide
for duties and responsibilities of local law enforcement agencies
with respect to missing children; to provide for registration of
other organizations maintaining records on missing children;
to provide for all matters relative to the foregoing; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 3 of Title 35 of the Official Code of
Georgia Annotated, relating to the Georgia Bureau of Investiga-
tion, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
35-3-80. As used in this article, the term:
(1) 'Missing child or 'missing children means a per-
son or persons under the age of 17 years whose temporary
or permanent residences are in, or are believed to be
in, this state and who have been reported as missing
to a law enforcement agency and whose location cannot
be determined by that law enforcement agency.
(2) 'Missing child report means a report prepared
on a form designed by the Georgia Bureau of Investiga-
tion for the use by law enforcement agencies and private
citizens to report information about missing children to
the Missing Children Information Center.
660 GENERAL ACTS AND RESOLUTIONS, VOL. I
35-3-81. (a) There is authorized within the Georgia Bu-
reau of Investigation the Missing Children Information Cen-
ter. The center shall serve as a central repository of informa-
tion regarding missing children and shall collect and
disseminate such information as is necessary to assist in
the location of missing children.
(b) Central responsibility for the development, mainte-
nance, and operation of the center shall be vested in the
supervisor of the center who shall be appointed by the direc-
tor of the Georgia Bureau of Investigation.
(c) The supervisor of the center shall maintain the nec-
essary staff along with support services to be procured within
the Georgia state government to enable the effective and
efficient performance of the duties and responsibilities as-
signed to the center in this article.
(d) All personnel of the center shall be administered
according to appropriate special and standard schedules by
the State Merit System of Personnel Administration.
35-3-82. (a) The center may:
(1) Establish a system of intrastate communication
of information relating to missing children;
(2) Provide a centralized file for the exchange of in-
formation on missing children within the state;
(3) Interface and connect with the National Crime
Information Center for the exchange of information on
missing children and children suspected of interstate
travel;
(4) Collect, process, maintain, and disseminate infor-
mation on missing children and unidentified bodies and
strive to maintain or disseminate only accurate and com-
plete information;
(5) Cooperate with the State Board of Education in
compiling lists of missing children in this state for distri-
bution to local school districts;
GEORGIA LAWS 1986 SESSION
661
(6) Compile annual statistics on the number of miss-
ing children;
(7) Develop recommendations for better reporting
and use of computer systems;
(8) Provide assistance to local law enforcement
agencies providing fingerprint programs for children;
(9) Circulate a monthly bulletin of missing children
to all law enforcement agencies in the state;
(10) Assist local law enforcement agencies in estab-
lishing direct computer access to the Missing Children
Information Center;
(11) Act as a liaison between private citizens and law
enforcement agencies regarding appropriate procedures
for handling and responding to missing children reports;
and
(12) Establish a toll-free telephone number to assist
individuals and agencies in the reporting of missing chil-
dren and information relative to missing children.
(b) The center is authorized to join and participate in
any network of state missing children centers or clearing-
houses, specifically including but not limited to the National
Center for Missing and Exploited Children.
35-3-83. Upon the filing of a police report by the parent
or guardian that a child is missing, the local law enforcement
agency receiving such report shall notify all of its on-duty
law enforcement officers of the existence of the missing child
report, communicate the report to all other law enforcement
agencies having jurisdiction in the county and all law en-
forcement agencies of jurisdictions geographically adjoining
that of the local law enforcement agency, and transmit the
report to the Missing Children Information Center.
35-3-84. Every law enforcement agency and the Georgia
Bureau of Investigation shall transmit to the Missing Chil-
dren Information Center any information which is acquired
662
GENERAL ACTS AND RESOLUTIONS, VOL. I
or collected pursuant to Code Section 35-1-8 or Code Section
35-3-4, which information would assist in the location of any
missing child.
35-3-85. Any public or private organization which
makes lists of or maintains records on missing children as
a primary activity of that organization and which seeks to
operate in the State of Georgia shall register with the Miss-
ing Children Information Center.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
CHILDREN AND YOUTH CHILD-CARING
INSTITUTIONS; EMERGENCY RELOCATION OF
RESIDENTS; PROHIBITION OF ADMISSIONS; MONITORS.
Code Sections 49-5-90 through 49-5-92 Enacted.
No. 1447 (House Bill No. 1262).
AN ACT
To amend Chapter 5 of Title 49 of the Official Code of Georgia
Annotated, relating to programs for children and youth, so as
to provide for emergency powers to enable the Department of
Human Resources to order the emergency relocation of residents
in a child-caring institution other than a day-care facility; to
provide for the emergency prohibition of admission to a child-
caring institution other than a day-care facility; to authorize
placement of a monitor in a facility including a day-care facility
under certain circumstances; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
663
Section 1. Chapter 5 of Title 49 of the Official Code of
Georgia Annotated, relating to programs for children and youth,
is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
49-5-90. As used in this article, the term:
(1) 'Child in care means any person under the age
of 17 years who has been admitted to, is cared for, or
resides in a facility.
(2) 'Commissioner means the commissioner of hu-
man resources or his designee.
(3) 'Corrective order means an order by the commis-
sioner detailing the findings of the commissioner or his
designee regarding violations of law or rules or regula-
tions of the department by an institution or other condi-
tions threatening the health and safety of residents of
the institution and the changes which the commissioner
has ordered.
(4) 'Department means the Department of Human
Resources.
(5) 'Emergency order or 'order means a written di-
rective by the commissioner or his designee ordering the
emergency relocation of residents, prohibiting admis-
sions, or placing a monitor in a facility.
(6) 'Guardian means a minors parent, legal guard-
ian, or conservator.
(7) 'Facility means a child-caring institution or
child welfare agency subject to licensure under the provi-
sions of Article 1 of this chapter, unless specifically ex-
empted by the rules and regulations.
(8) 'Monitor means a person, designated by the de-
partment, to remain on-site in a facility, as an agent of
the department, observing conditions.
(9) 'Preliminary hearing means a hearing held by
the department as soon as possible after the order is
664
GENERAL ACTS AND RESOLUTIONS, VOL. I
entered at the request of a facility which has been af-
fected by an emergency order placing a monitor in the
facility, relocating residents, or prohibiting admissions
in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.
49-5-91. (a) Emergency orders may be issued by the
commissioner or his designee pursuant to findings by the
department pursuant to surveys, inspections, or investiga-
tions, which are required or permitted by law, that depart-
mental rules and regulations are being violated which
threaten the health, safety, or welfare of children in care.
(b) (1) (A) The commissioner may order the emer-
gency relocation of residents from a child-caring insti-
tution other than a day-care facility subject to licen-
sure under this chapter when the commissioner has
determined that the residents are subject to an immi-
nent and substantial danger.
(B) When an order is issued under this subsec-
tion, the commissioner shall provide for:
(i) Notice to the resident, his next of kin or
guardian, and, where appropriate, his physician,
of the emergency relocation and the reasons
therefor;
(ii) Relocation to the nearest appropriate
child-caring institution; and
(iii) Other protection designed to ensure the
welfare and, when possible, the desires of the resi-
dent and his next of kin or guardian.
(2) (A) The commissioner or his designee may or-
der the emergency placement of a monitor or moni-
tors in a facility upon a finding that department rules
and regulations are being violated which threaten
the health, safety, or welfare of children in care and
when one or more of the following conditions are pres-
ent:
(i) The facility is operating without a permit;
GEORGIA LAWS 1986 SESSION
665
(ii) The department has denied application
for permit or has initiated action to revoke the
existing permit of the facility; or
(iii) Children are suspected of being subjected
to injury or life-threatening situation or the
health or safety of the child or children is in dan-
ger.
(B) A monitor may be placed in a facility for
no more than ten consecutive calendar days, during
which time the monitor shall observe conditions and
regulatory compliance with any recommended reme-
dial action of the department. Upon expiration of the
ten-day period, should the conditions warrant, the
initial ten-day period may be extended for an addi-
tional ten-day period. The monitor shall report to the
department. The monitor shall not assume any ad-
ministrative responsibility within the facility, nor
shall the monitor .be liable for any actions of the facil-
ity. The salary and related costs and travel and subsis-
tence allowance as defined by department policy of
placing a monitor in a facility shall be reimbursed
to the department by the facility, unless the order
placing the monitor is determined to be invalid in
a contested case or by final adjudication by a court
of competent jurisdiction, in which event the cost
shall be paid by the department.
(3) (A) The commissioner may order the emer-
gency prohibition of admissions to a child-caring insti-
tution other than a day-care facility subject to licen-
sure under this chapter when residents of an
institution are in imminent and substantial danger
or the institution has failed to correct a violation of
departmental permit rules or regulations within a
reasonable period of time, as specified in the depart-
ments corrective order, and the violation:
(i) Could jeopardize the health and safety of
the residents in the institution if allowed to re-
main uncorrected; or
(ii) Is a repeat violation over a 12 month pe-
riod.
666
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B). Admission to an institution may be sus-
pended until the violation has been corrected or until
the department has determined that the institution
has undertaken the action necessary to effect correc-
tion of the violation.
(c) An emergency order shall contain the following:
(1) The scope of the order;
(2) The reasons for the issuance of the order;
(3) The effective date of the order if other than the
date the order is issued;
(4) The person to whom questions regarding the or-
der are to be addressed; and
(5) Notice of the right to a preliminary hearing.
(d) Unless otherwise provided in the order, an emer-
gency order shall become effective upon its service. Service
of an emergency order may be made upon the owner of the
facility, the director of the facility, or any other agent, em-
ployee, or person in charge of the facility at the time of
the service of the order.
(e) Prior to issuing an emergency order to order the
emergency relocation of residents, to prohibit admissions,
or to require placement of a monitor in a facility which
has been classified by the department as a child-caring insti-
tution or child welfare agency, the commissioner or his desig-
nee may consult with persons knowledgeable in the field
of child care and a representative of the facility to determine
if there is a potential for greater adverse effects on children
in care as a result of the emergency order.
49-5-92. (a) A request for a preliminary hearing shall
be made in writing within five days from the time of service,
excepting weekends. The request must be made to the repre-
sentative of the department designated in the order. Unless
a request is made to appear in person, the preliminary hear-
ing shall consist of an administrative review of the record,
GEORGIA LAWS 1986 SESSION
667
written evidence submitted by the institution affected, and
a preliminary written argument in support of its conten-
tions.
(b) If a request is made to appear in person at the pre-
liminary hearing, the institution shall provide the name and
address of the person or persons, if any, who will be repre-
senting the institution in the preliminary hearing.
(c) Upon receipt of a request for a preliminary hearing,
the department shall set and give notice of the date, time,
and location of the preliminary hearing. The preliminary
hearing shall be held as soon as possible after a request
therefor but in no event later than 72 hours after such re-
quest, provided that an institution may request that such
hearing be held earlier; provided, however, that in no event
will a hearing be held on a weekend or holiday.
(d) If a personal appearance is requested, the prelimi-
nary hearing shall consist of a review of the evidence in
the record, any additional evidence introduced at the hear-
ing, and any arguments made. A recording shall be made
of the hearing.
(e) The department shall, where practicable, issue an
immediate oral order and shall, in all instances, issue a writ-
ten order within four business days after the close of the
hearing.
(f ) Pending final appeal of the validity of any emergency
order issued as provided in this Code section, such emergency
order shall remain in full effect until vacated or rescinded
by the commissioner or his designee.
(g) The department is not precluded from other actions
permitted by other laws or regulations during the time an
emergency order is in force.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
668
GENERAL ACTS AND RESOLUTIONS, VOL. I
HEARSAY EVIDENCE STATEMENTS BY CHILDREN
UNDER 14 DESCRIBING SEXUAL CONTACT OR
PHYSICAL ABUSE.
Code Section 24-3-16 Enacted.
No. 1448 (House Bill No. 289).
AN ACT
To amend Article 1 of Chapter 3 of Title 24 of the Official
Code of Georgia Annotated, relating to general provisions re-
garding hearsay evidence, so as to authorize certain hearsay
statements made by certain children regarding sexual contact
or physical abuse; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 24 of the Official
Code of Georgia Annotated, relating to general provisions re-
garding hearsay evidence, is amended by adding at the end
thereof a new Code section to read as follows:
24-3-16. A statement made by a child under the age
of 14 years describing any act of sexual contact or physical
abuse performed with or on the child by another is admissi-
ble in evidence by the testimony of the person or persons
to whom made if the child is available to testify in the pro-
ceedings and the court finds that the circumstances of the
statement provide sufficient indicia of reliability.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GEORGIA LAWS 1986 SESSION
669
CRIMINAL RECORDS CHECKS FOR PERSONS EXERCISING
SUPERVISORY OR DISCIPLINARY POWER OVER
CHILDREN.
Code Sections 49-5-90 through 49-5-94 Enacted.
No. 1449 (House Bill No. 1261).
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 authorize criminal records checks and determinations based
thereon for persons exercising supervisory or disciplinary power
over children in either paid or volunteer positions; to provide
for definitions; to provide for procedures; to allow the furnishing
of certain information from law enforcement agencies; to pro-
vide for fees; to provide for penalties; to provide for immunity
from liability; to provide for certain uses of records checks; to
provide that this Act shall not affect day-care center employees
records checks; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of
Georgia Annotated, relating to programs for children and youth,
is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
49-5-90. As used in this article, the term:
(1) 'Conviction means a finding or verdict of guilty
or a plea of guilty.
(2) 'Crime means a violation of Code Section 16-5-
23, 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
670 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 juris-
diction which, if committed in this state, would be
deemed to be one of the enumerated crimes listed in
this paragraph.
(3) 'Criminal record means:
(A) Conviction of a crime;
(B) Arrest, charge, and sentencing for a crime
where adjudication or sentence was otherwise with-
held or not entered on the charge; provided, however,
that this subparagraph shall not apply to a violation
of Chapter 13 of Title 16, relating to controlled sub-
stances, 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 posses-
sion; 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) 'Employer means any person, organization, cor-
poration, or political subdivision which employs or uses
the services of paid employees or volunteers in positions
in which the employee or volunteer has supervisory or
disciplinary power over a child or children.
(5) 'GCIC means the Georgia Crime Information
Center established under Article 2 of Chapter 3 of Title
35.
(6) 'GCIC information means criminal history rec-
ord information as defined in Code Section 35-3-30.
GEORGIA LAWS 1986 SESSION
671
(7) 'Records check means a records check compari-
son of GCIC information.
(8) 'Records check application means a set of classi-
fiable fingerprints, a records search fee in an amount
to be determined by the Georgia Bureau of Investigation
to cover the reasonable cost of such records check, pay-
able in such form as the GCIC may direct to cover the
cost of a records check under this article, and an affidavit
by the applicant consenting to a records check and dis-
closing 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.
49-5-91. (a) On and after July 1, 1986, an employer
may require that a new or current employee or volunteer
submit to a records check for the purpose of determining
whether such person has ever been convicted of a crime
or has a criminal record.
(b) An employer seeking a records check on an employee
shall submit a records check application to the GCIC. Upon
receipt thereof, the GCIC shall promptly conduct a search
of its records and records to which it has access. Within a
reasonable time after receiving the application, the GCIC
shall notify the employer in writing of any criminal record
finding or of the fact of no such finding.
49-5-92. (a) The GCIC and law enforcement agencies
which have access to GCIC information shall cooperate with
employers who are authorized to obtain records checks on
their employees in performing such checks and shall provide
such information 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 pre-
tenses requests, obtains, or attempts to obtain GCIC informa-
tion otherwise authorized to be obtained pursuant to this
article, or who knowingly communicates or attempts to com-
municate such information obtained pursuant to this article
to any person or entity except in accordance with this article,
672 GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
49-5-93. (a) Other than for a knowing and malicious
release of false information, neither GCIC, any law enforce-
ment 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. However, no employee shall be suspended or dis-
missed from such employees job due to any information
provided in a records check until the employer obtains a
certified copy of the original documents on which the charges
identified in the records check are based.
Ob) An employer shall have no liability for defamation,
invasion of privacy, or any other claim based upon good
faith action thereby pursuant to the provisions of this article.
Any disciplinary action of any kind taken against any local
school board employee and based in whole or in part on
information obtained through a records check as provided
in this article shall be subject to and governed by the provi-
sions of Code Section 20-2-940.
49-5-94. This article shall be cumulative of and in addi-
tion to any other law requiring or permitting employees
records checks and shall not relieve any person from any
duty or requirement under such other laws.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GEORGIA LAWS 1986 SESSION
673
CRIMES AND OFFENSES RETIRED PEACE OFFICERS;
CARRYING PISTOLS IN PUBLICLY OWNED OR OPERATED
BUILDINGS.
Code Section 16-11-127 Amended.
No. 1450 (House Bill No. 889).
AN ACT
To amend Code Section 16-11-127 of the Official Code of Geor-
gia Annotated, relating to prohibiting the carrying of deadly
weapons to or at public gatherings, so as to provide that peace
officers retired from state or federal law enforcement agencies
may carry pistols in publicly owned or operated buildings; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 16-11-127 of the Official Code of
Georgia Annotated, relating to prohibiting the carrying of
deadly weapons to or at public gatherings, is amended by strik-
ing subsection (c) and inserting in lieu thereof a new subsection
(c) to read as follows:
"(c) This Code section shall not apply to competitors
participating in organized sport shooting events. Law en-
forcement officers, peace officers retired from state or federal
law enforcement agencies, judges, and district attorneys may
carry pistols in publicly owned or operated buildings.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
674
GENERAL ACTS AND RESOLUTIONS, VOL. I
BOXING BOXING WHILE UNDER THE INFLUENCE OF
ALCOHOL OR A DRUG; STATE BOXING COMMISSION.
Code Section 31-31-4.1 Amended.
Code Section 31-31-7 Enacted.
No. 1451 (House Bill No. 1191).
AN ACT
To amend Chapter 31 of Title 31 of the Official Code of Geor-
gia Annotated, relating to the State Boxing Commission and
licenses for boxing matches, so as to provide that it shall be
unlawful for a professional boxer to participate in or attempt
to participate in a boxing match while under the influence of
alcohol or a drug; to provide for other matters and for penalties
relative thereto; to provide for the repeal of said chapter on a
certain date; to repeal a conflicting provision of the Act which
created the State Boxing Commission and enacted said chapter,
approved March 18, 1983 (Ga. L. 1983, p. 1986); to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 31 of Title 31 of the Official Code of
Georgia Annotated, relating to the State Boxing Commission
and licenses for boxing matches, is amended by designating the
present language of Code Section 31-31-4.1, relating to physical
examinations of professional boxers, as subsection (a) of said
Code section and by adding at the end of said Code section a
new subsection (b) to read as follows:
"(b) (1) It shall be unlawful for any professional boxer
to participate or attempt to participate in a boxing match
while under the influence of alcohol or any drug.
(2) A professional boxer shall be under the influence
of alcohol or a drug for the purposes of paragraph (1)
of this subsection if:
(A) A physical examination of the professional
boxer provided for by subsection (a) of this Code sec-
GEORGIA LAWS 1986 SESSION
675
tion reveals that the professional boxers mental or
physical ability is impaired in any way as a direct
result of the use of alcohol or a drug; and
(B) The physical examination of the professional
boxer was made during a period of time beginning
not more than six hours prior to the beginning of
the boxing match and ending not more than one hour
after the completion of the boxing match.
(3) A professional boxer violating the provisions of
paragraph (1) of this subsection may be punished by a
fine not exceeding $25,000.00.
Section 2. Said chapter is further amended by adding at
the end thereof a new Code Section 31-31-7 to read as follows:
"31-31-7. This chapter shall stand repealed in its en-
tirety on June 30, 1989, and on that date the State Box-
ing Commission shall stand abolished.
Section 3. An Act which created the State Boxing Commis-
sion and enacted Chapter 31 of Title 31 of the Official Code of
Georgia Annotated, approved March 18, 1983 (Ga. L. 1983, p.
941), is amended by repealing Section 3, which reads as follows:
"Section 3. This Act shall stand repealed in its entirety
on June 30, 1986, notwithstanding the terms of office of the
members of the State Boxing Commission established by sub-
section (b) of quoted Code Section 31-31-2 of Section 1 of
this Act.,
in its entirety.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
676
GENERAL ACTS AND RESOLUTIONS, VOL. I
INSURANCE HEALTH MAINTENANCE
ORGANIZATIONS; REGULATION AS INSURERS;
CERTIFICATES OF AUTHORITY; EVIDENCE OF
COVERAGE; RATES.
Code Title 33, Chapter 21 Amended.
No. 1452 (House Bill No. 1748).
AN ACT
To amend Chapter 21 of Title 33 of the Official Code of Geor-
gia Annotated, relating to health maintenance organizations,
so as to include health maintenance organizations within the
definition of insurer; to provide that domestic corporations may
apply to the Commissioner of Insurance for a certificate of au-
thority to operate and establish a health maintenance organiza-
tion; to provide for documents and information which must be
submitted when an application for a certificate of authority is
submitted; to provide for application fees; to provide for annual
license fees; to delete certain requirements for annual reports
on complaint systems; to provide that a health maintenance
organization must issue evidence of coverage under a health
benefits plan; to provide for the contents of evidence of coverage;
to provide for the filing of basic rates and methods of computa-
tion of charges with the Commissioner of Insurance prior to
the use of such rates or charges; to provide standards for basic
rates and charges; to provide for information to be annually
supplied to enrollees in health maintenance organizations; to
delete prohibitions relating to certain terms used in the names
of health maintenance organizations; to provide for the rehabili-
tation, liquidation, or conservation of health maintenance orga-
nizations; to provide for matters relating to the organization
and operation of health maintenance organizations; to delete
certain restrictions on names used by health maintenance orga-
nizations; 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 21 of Title 33 of the Official Code of
Georgia Annotated, relating to health maintenance organiza-
GEORGIA LAWS 1986 SESSION
677
tions, is amended by striking paragraph (7) of Code Section 33-
21-1, relating to definitions, and inserting in lieu thereof a new
paragraph (7) to read as follows:
"(7) 'Insurer means every insurer authorized under
this title to issue contracts of accident and sickness insur-
ance. Hospital service nonprofit corporations, nonprofit med-
ical service corporations, nonprofit health care corporations,
and health maintenance organizations are included within
such term.
Section 2. Said chapter is further amended by striking
subsection (a) of Code Section 33-21-2, relating to the general
procedure for establishing a health maintenance organization,
and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a) Any stock, mutual, or nonprofit corporation whose
charter powers include the business of a health maintenance
organization may apply to the Commissioner for and obtain
a certificate of authority to establish and operate a health
maintenance organization in compliance with this chapter.
No person shall establish or operate a health maintenance
organization in this state, nor sell, offer to sell, solicit offers
to purchase, nor receive advance or periodic consideration
in conjunction with a health maintenance organization with-
out obtaining a certificate of authority under this chapter.
A foreign corporation may qualify under this chapter, sub-
ject to its registration to do business in this state as a foreign
corporation under the appropriate provisions of Title 14.
Section 3. Said chapter is further amended by striking
paragraphs (1) and (3) of subsection (b) of Code Section 33-21-2,
relating to the general procedure for establishing a health main-
tenance organization, and inserting in their respective places
new paragraphs (1) and (3) of subsection (b) to read as follows:
"(1) A copy of the corporations charter and all amend-
ments to the charter;.
"(3) A list of the names, addresses, and official positions
of the persons who are to be responsible for the conduct of
the affairs of the applicant, including all members of the
678
GENERAL ACTS AND RESOLUTIONS, VOL. I
board of directors, board of trustees, executive committee,
or other governing board or committee, and the principal
officers of the corporation;.
Section 4. Said chapter is further amended by striking
subsection (d) of Code Section 33-21-3, relating to the grounds
and procedure for issuance or denial of a certificate of authority,
and inserting in lieu thereof a new subsection (d) to read as
follows:
"(d) The Commissioner of Insurance shall issue or deny
a certificate of authority to any person filing an application
pursuant to Code Section 33-21-2 within 90 days of receipt
of the certification from the commissioner of human re-
sources. Issuance of a certificate of authority shall be granted
upon payment of the application fees prescribed in Code
Sections 33-8-1 and 33-8-3 if the Commissioner of Insurance
is satisfied that the following conditions are met:
(1) The persons responsible for the conduct of the
affairs of the applicant are competent, trustworthy, pos-
sess good reputations, and have had appropriate adminis-
trative experience, training, or education in health care
delivery systems or allied professions;
(2) The commissioner of human resources certifies,
in accordance with subsection (a) of this Code section,
that the health maintenance organizations proposed
plan of operation meets the requirements of subsection
(b) of this Code section;
(3) The health benefits plan constitutes an appropri-
ate mechanism whereby the health maintenance organi-
zation will effectively provide or arrange for the provision
of basic health care services on a prepaid basis, through
insurance or otherwise, except to the extent of reasonable
requirements for copayments;
(4) The health maintenance organization is finan-
cially responsible and may reasonably be expected to
meet its obligations to enrollees and prospective enroll-
ees. In making this determination, the Commissioner
of Insurance may consider:
GEORGIA LAWS 1986 SESSION
679
(A) The financial soundness of the health bene-
fits plans arrangements for health care services and
the schedule or charges used in connection with pro-
viding health care services;
(B) The adequacy of working capital;
(C) Any agreement with an insurer, a govern-
ment, or any other organization for insuring the pay-
ment of the cost of health care services or the provi-
sion for automatic applicability of an alternative
coverage in the event of discontinuance of the plan;
(D) Any agreement with providers for the provi-
sion of health care services; and
(E) Any deposit of cash or securities submitted
in accordance with Code Section 33-21-10 as a guaran-
tee that the obligations will be duly performed;
(5) The enrollees will be afforded an opportunity to
participate in matters of policy and operation pursuant
to Code Section 33-21-6;
(6) Nothing in the proposed method of operation,
as shown by the information submitted pursuant to Code
Section 33-21-2 or by independent investigation, is con-
trary to the public interest; and
(7) Any deficiencies certified by the commissioner
of human resources have been corrected.
Section 5. Said chapter is further amended by striking
in its entirety Code Section 33-21-4, relating to renewal fees,
and inserting in lieu thereof a new Code Section 33-21-4 to read
as follows:
"33-21-4. Every health maintenance organization sub-
ject to this chapter shall pay to the Commissioner of In-
surance the annual license fee provided in Code Section
33-8-3.
Section 6. Said chapter is further amended by striking
paragraph (5) of subsection (a) of Code Section 33-21-8, relating
680
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the powers and duties of health maintenance organizations,
in its entirety and inserting in lieu thereof a new paragraph
(5) of subsection (a) to read as follows:
"(5) The contracting with another insurer licensed in
this state for the provision of insurance, indemnity, or reim-
bursement against the cost of health care services provided
by the organization; and.
Section 7. Said chapter is further amended by striking
Code Section 33-21-9, relating to the establishment of a com-
plaint system for health maintenance organizations, and insert-
ing in lieu thereof a new Code Section 33-21-9 to read as follows:
"33-21-9. (a) Every health maintenance organization
shall establish and maintain a complaint system which has
been approved by the Commissioner of Insurance after con-
sultation with the commissioner of human resources to pro-
vide reasonable procedures for the resolution of written com-
plaints initiated by enrollees or providers concerning health
care services.
(b) The health maintenance organization shall main-
tain records of written complaints concerning health care
services for five years from the time the complaints are filed
and shall submit to the Commissioner of Insurance a sum-
mary report at such times and in such format as the Commis-
sioner of Insurance may require.
(c) The Commissioner of Insurance or the commissioner
of human resources may examine the complaint system at
any time.
Section 8. Said chapter is further amended by striking
Code Section 33-21-13, relating to the issuance and contents
of evidence of coverage, in its entirety and inserting in lieu
thereof a new Code Section 33-21-13 to read as follows:
"33-21-13. (a) Every enrollee residing in this state is
entitled to evidence of coverage under a health benefits plan.
The health maintenance organization shall issue the evi-
dence of coverage.
(b) No evidence of coverage or amendment to the evi-
dence of coverage shall be issued or delivered to any person
GEORGIA LAWS 1986 SESSION
681
in this state until a copy of the form of the evidence of
coverage or amendment thereto has been filed with and ap-
proved by the Commissioner.
(c) An evidence of coverage shall contain:
(1) No provisions or statements which are unjust,
unfair, inequitable, misleading, or deceptive, which en-
courage misrepresentation, or which are untrue, mislead-
ing, or deceptive as defined in paragraphs (1) through
(3) of subsection (a) of Code Section 33-21-26; and
(2) No provisions or statements which are in viola-
tion of Code Section 33-24-23 or paragraph (11) of subsec-
tion (b) of Code Section 33-29-4; and
(3) A clear and complete statement, if a contract,
or a reasonably complete summary, if a certificate, of:
(A) The health care services and the insurance
or other benefits, if any, to which the enrollee is enti-
tled under the health benefits plan;
(B) Any limitations on the services, kind of ser-
vices, benefits, or kind of benefits to be provided, in-
cluding any deductible or copayment feature;
(C) Where and in what manner information is
available as to how services may be obtained;
(D) The total amount of payment for health care
services and the indemnity or service benefits, if any,
which the enrollee is obligated to pay with respect
to individual contracts or an indication whether the
plan is contributory or noncontributory with respect
to group certificates; and
(E) A clear and understandable description of
the health maintenance organizations method for re-
solving enrollee complaints; and
(4) Any subsequent change may be evidenced in a
separate document issued to the enrollee.
682 GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) A copy of the form of the evidence of coverage to
be used in this state and any amendment thereto shall be
subject to the filing and approval requirements of subsection
(b) of this Code section unless it is subject to the jurisdiction
of the Commissioner under the laws governing health insur-
ance in which event the filing and approval provisions of
such laws shall apply. To the extent, however, that the provi-
sions do not apply to the requirements in subsection (c) of
this Code section, the requirements in subsection (c) of this
Code section shall be applicable.
(e) (1) Basic rates along with the method of computa-
tion of charges for enrollee coverage must be filed with
and approved by the Commissioner prior to use.
(2) The basic rates and the method of computation
of specific rate charges shall be established in accordance
with actuarial principles for various categories of en-
rollees, provided that charges applicable to an enrollee
shall not be individually determined based on the status
of his health. Basic rates and charges shall not be exces-
sive, inadequate, or unfairly discriminatory. A certifica-
tion by a qualified actuary to the appropriateness of the
basic rates, based on reasonable assumptions as to ex-
pected medical expenses, administrative expenses, and
margins for contingencies, shall accompany the filing
along with adequate supporting information.
(f) The Commissioner shall, within a reasonable period,
approve any form if the requirements of subsections (a)
through (e) of this Code section are met. It shall be unlawful
to issue the form until approved. If the Commissioner disap-
proves the filing, he shall notify the filer. The Commissioner
shall specify the reasons for his disapproval in the notice.
At the expiration of 90 days the form or basic rate or method
of computation of charges so filed shall be deemed approved
unless prior to such expiration the filing has been approved
or disapproved by the Commissioner.
(g) The Commissioner may require the submission of
whatever relevant information he deems necessary in deter-
mining whether to approve or disapprove a filing made pur-
suant to this Code section.
GEORGIA LAWS 1986 SESSION
683
Section 9. Said chapter is further amended by striking
Code Section 33-21-14, relating to the provision of information
to enrollees, in its entirety and inserting in lieu thereof a new
Code Section 33-21-14 to read as follows:
"33-21-14. Every health maintenance organization
shall annually provide to its enrollees:
(1) A description of services and information as to
where and how to secure them; and
(2) A clear and understandable description of the
health maintenance organizations method for resolving
enrollee complaints.
Section 10. Said chapter is further amended by striking
Code Section 33-21-24, relating to the rehabilitation, liquidation,
and conservation of health maintenance organizations, in its
entirety and inserting in lieu thereof a new Code Section 33-
21-24 to read as follows:
"33-21-24. Any rehabilitation, liquidation, or conserva-
tion of a health maintenance organization shall be the reha-
bilitation, liquidation, or conservation of an insurance com-
pany and shall be conducted under the supervision of the
Commissioner pursuant to the law governing the rehabilita-
tion, liquidation, or conservation of insurance companies.
The Commissioner may apply for an order directing him
to rehabilitate, liquidate, or conserve a health maintenance
organization upon any one or more grounds set forth in
Chapter 37 of this title, relating to the rehabilitation, liquida-
tion, or conservation of insurers or when in his opinion the
continued operation of the health maintenance organization
would be hazardous either to the enrollees or to the people
of this state.
Section 11. Said chapter is further amended by striking
Code Section 33-21-25, relating to the organization and operation
of health maintenance organizations, in its entirety and insert-
ing in lieu thereof a new Code Section 33-21-25 to read as follows:
"33-21-25. Notwithstanding any other law which may
be inconsistent with this Code section, an insurer, a hospital
684
GENERAL ACTS AND RESOLUTIONS, VOL. I
service nonprofit corporation, a nonprofit medical service
corporation, or a nonprofit health care corporation licensed
in this state may directly or through a subsidiary or affiliate
organize and operate a health maintenance organization.
Section 12. Said chapter is further amended by striking
subsection (d) of Code Section 33-21-26, which reads as follows:
"(d) No health maintenance organization, unless li-
censed as an insurer, may use in its name, contracts, or
literature any of the words 'insurance, 'casualty, 'surety,
'mutual, or any other words descriptive of the insurance,
casualty, or surety business or deceptively similar to the
name or description of any insurance or surety corporation
doing business in this state.,
in its entirety.
Section 13. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GUARDIAN AND WARD ESTATE PLANNING TAX-
MOTIVATED DISPOSITIONS OF A WARDS PROPERTY
AUTHORIZED.
Code Section 29-5-5.1 Enacted.
No. 1453 (House Bill No. 493).
AN ACT
To amend Chapter 5 of Title 29 of the Official Code of Georgia
Annotated, relating to guardians of incapacitated persons, so
GEORGIA LAWS 1986 SESSION
685
as to authorize a guardian under certain conditions to make
estate planning tax-motivated dispositions of the wards prop-
erty; to provide for conditions and procedures; to provide for
other matters relative thereto; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 29 of the Official Code of
Georgia Annotated, relating to guardians of incapacitated per-
sons, is amended by adding between Code Section 29-5-5 and
Code Section 29-5-6 a new Code Section 29-5-5.1 to read as fol-
lows:
"29-5-5.1. (a) On application of the guardian of the
property of an adult ward, or any interested party, and after
notice to all interested persons and to such other persons
as the court may direct, and on a showing that the ward
will probably remain incompetent during that wards life-
time, the superior court may, after hearing and by order,
authorize the guardian of the property to apply such princi-
pal or income of the wards estate that is not required for
the support of the ward during that wards lifetime or for
the support of those persons who are legally dependent upon
such ward toward the establishment of an estate plan for
the purpose of minimizing income, estate, inheritance, or
other taxes payable out of the wards estate. The court may
authorize the guardian of the property to make transfers
of the wards personal or real property, outright or in trust,
on behalf of the ward, upon a finding that a competent rea-
sonable person in the wards circumstances would make the
transfers and that there is no evidence that the ward, if
competent, would not make the transfers, and shall take
into consideration the following factors:
(1) The value of the entire estate of the ward, other
sources of support available to the ward, and the income
produced thereby;
(2) The probable expenses for support, care, and
maintenance of the ward and for the support of those
686 GENERAL ACTS AND RESOLUTIONS, VOL. I
persons who are legally dependent upon such ward for
the remainder of the wards lifetime in the standard of
living to which the ward and such legally dependent per-
sons have become accustomed;
(3) The identity of the proposed transferees, and in
particular whether they are natural objects of the wards
bounty by relationship or prior behavior of the ward;
(4) The purpose and estate planning benefit to be
derived by the transfer as well as the possible harm to
any interested party; and
(5) Any previous history of or predisposition toward
making similar transfers by the ward.
(b) Any party in interest who shall bring a petition un-
der this section, including the guardian of the person or
the guardian of the property, shall be eligible to receive
transfers under this Code section provided such party in
interest is shown to be a natural object of the wards bounty
by relationship or prior behavior of the ward.
(c) The court shall appoint a guardian ad litem for the
ward and any minor interested party and the court may
appoint a guardian ad litem at any stage of the proceedings,
if deemed advisable, for the protection of any other inter-
ested party.
(d) Modifications of an approved plan may be made by
similar application to the court.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GEORGIA LAWS 1986 SESSION
687
ADOPTION IRREVOCABLE RELEASE OR CONSENT TO
ADOPTION BY THE GUARDIAN OF A CHILD IN A FOREIGN
COUNTRY; RECOGNITION.
Code Section 19-8-17 Amended.
No. 1454 (House Bill No. 1211).
AN ACT
To amend Chapter 8 of Title 19 of the Official Code of Georgia
Annotated, relating to adoptions, so as to provide that a clear
and irrevocable release or consent to adoption by the guardian
of a child in a foreign country where the appointment of the
guardian has been certified by the appropriate and legally au-
thorized court or agency of the government of the foreign coun-
try shall be recognized by this state; 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 8 of Title 19 of the Official Code of
Georgia Annotated, relating to adoptions, is amended by striking
in its entirety Code Section 19-8-17, relating to the recognition
and effect of decrees, and inserting in its place a new Code
Section 19-8-17 to read as follows:
"19-8-17. (a) A decree of a court terminating the rela-
tionship of parent and child or establishing the relationship
of parent and child by adoption, issued pursuant to due pro-
cess of law by a court of any other jurisdiction within or
outside the United States, or the clear and irrevocable re-
lease or consent to adoption by the guardian of a child in
a foreign country where the appointment of the guardian
has been certified by the appropriate and legally authorized
court or agency of the government of the foreign country
shall be recognized in this state; and the rights and obliga-
tions of the parties as to matters within the jurisdiction of
this state shall be determined as though any such decree
were issued by a court of this state and any such consent
688
GENERAL ACTS AND RESOLUTIONS, VOL. I
or release shall be deemed to satisfy the requirements of
Code Sections 19-8-4 and 19-8-7.
(b) Any adoption proceeding in this state in which a
final order of adoption was entered by the court prior to
April 1,1986, and to which subsection (a) of this Code section
would have been applicable if said subsection, as amended,
had been effective at the time such proceeding was filed or
concluded shall be governed by the provisions of subsection
(a) of this Code section, as amended.
(c) Any adoption proceeding pending in a court of com-
petent jurisdiction in this state in which no final order of
adoption has been entered as of April 1, 1986, to which the
provisions of subsection (a) of this Code section are applicable
shall be governed by the provisions of subsection (a) of this
Code section, as amended.
Section 2. This Act shall become effective on April 1,1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
INSURANCE GROUP HEALTH CONTRACTS;
CONTINUING COVERAGE AFTER CANCELLATION;
CONVERSION RIGHTS; CERTIFICATES; NOTICES OF
TERMINATION OF COVERAGE.
Code Section 33-24-21.1 Enacted.
Code Section 33-30-12 Repealed.
No. 1455 (House Bill No. 212).
AN ACT
To amend Chapter 24 of Title 33 of the Official Code of Geor-
gia Annotated, relating to insurance in general, so as to provide
GEORGIA LAWS 1986 SESSION
689
that certain group health contracts and plans must provide cer-
tain continuing coverage after cancellation; to provide that such
group health contracts and plans must provide certain conver-
sion rights; to provide that such requirement shall apply to
group accident and sickness insurance policies and contracts,
group contracts issued by nonprofit hospital service corpora-
tions, group contracts issued by health care plans, group con-
tracts issued by health maintenance organizations, and similar
accident and sickness benefit plans, policies, and contracts; to
provide provisions to be included in certificates issued to group
members; to provide for administration by the Commissioner
of Insurance; to provide for all related matters; to amend Chap-
ter 30 of Title 33, relating to group accident and sickness insur-
ance, so as to repeal certain requirements for notice of termina-
tion of coverage under certain group accident and sickness
insurance policies; to provide effective dates; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of
Georgia Annotated, relating to insurance in general, is amended
by adding a new Code Section 33-24-21.1 to read as follows:
"33-24-21.1. (a) As used in this Code section, the term:
(1) 'Eligible dependent means a person who is enti-
tled to medical benefits coverage under a group contract
or group plan by reason of such persons dependency
on or relationship to a group member.
(2) 'Group contract or group plan is synonymous
with the term 'contract or plan and means:
(A) A group contract of the type issued by a non-
profit medical service corporation established under
Chapter 18 of this title;
(B) A group contract of the type issued by a non-
profit hospital service corporation established under
Chapter 19 of this title;
(C) A group contract of the type issued by a
health care plan established under Chapter 20 of this
title;
690 GENERAL ACTS AND RESOLUTIONS, VOL. I
(D) A group contract of the type issued by a
health maintenance organization established under
Chapter 21 of this title; or
(E) A group accident and sickness insurance pol-
icy or contract, as defined in Chapter 30 of this title.
(3) 'Group member means a person who has been
a member of the group for at least six months and who
is entitled to medical benefits coverage under a group
contract or group plan and who is an insured, certificate
holder, or subscriber under the contract or plan.
(4) 'Insurer means an insurance company, nonprofit
hospital service corporation, medical service nonprofit
corporation, health care plan, or health maintenance or-
ganization.
(b) Each group contract or group plan delivered or is-
sued for delivery in this state, other than a group accident
and sickness insurance policy, contract, or plan issued in
connection with an extension of credit, which provides hospi-
tal, surgical, or major medical coverage, or any combination
of these coverages, on an expense incurred or service basis,
excluding contracts and plans which provide benefits for spe-
cific diseases or accidental injuries only, shall provide that
members whose insurance under the group contract or plan
would otherwise terminate shall be entitled to continue their
hospital, surgical, and major medical insurance coverage un-
der that group contract or plan for themselves and their
eligible dependents.
(c) Any group member whose coverage has been termi-
nated and who has been continuously covered under the
group contract or group plan, and under any contract or
plan providing similar benefits which it replaces, for at least
six months immediately prior to such termination, shall be
entitled to have his or her coverage and the coverage of
his or her eligible dependents continued under the contract
or plan. Such coverage must continue for the fractional pol-
icy month remaining, if any, at termination plus three addi-
tional policy months upon payment of the premium by cash,
certified check, or money order, at the option of the employer,
GEORGIA LAWS 1986 SESSION
691
to the policyholder or employer, at the same rate for active
group members set forth in the contract or plan, on a
monthly basis in advance as such premium becomes due
during this coverage period. Such premium payment must
include any portion of the premium paid by a former em-
ployer or other person if such employer or other person no
longer contributes premium payments for this coverage. At
the end of such period, the group member shall have the
same conversion rights that were available on the date of
termination of coverage in accordance with the conversion
privileges contained in the group contract or group plan.
(d) A group member shall not be entitled to have cover-
age continued if: (1) termination of coverage occurred be-
cause the employment of the group member was terminated
for cause; (2) termination of coverage occurred because the
group member failed to pay any required contribution; or
(3) any discontinued group coverage is immediately replaced
by similar group coverage. Further, a group member shall
not be entitled to have coverage continued if the group con-
tract or group plan was terminated in its entirety or was
terminated with respect to a class to which the group mem-
ber belonged. This subsection shall not affect conversion
rights available to a group member under any contract or
plan.
(e) If the group contract or group plan terminates while
any group members coverage is being continued, the group
administrator, as prescribed by the insurer, must notify each
such group member that he or she must exercise his or her
conversion rights within 30 days of such notice.
(f) Every group contract or group plan, other than a
group accident and sickness insurance policy, contract, or
plan issued in connection with an extension of credit, which
provides hospital, surgical or major medical expense insur-
ance, or any combination of these coverages, on an expense
incurred or service basis, excluding policies which provide
benefits for specific diseases or for accidental injuries only,
shall contain a conversion privilege provision. Any group
member whose insurance under the group policy has been
terminated for any reason other than eligibility for medicare
(reaching a limiting age for coverage under the group policy)
692
GENERAL ACTS AND RESOLUTIONS, VOL. I
or failure of the group member to pay a required premium
contribution, and who has been continuously covered under
the group contract or group plan, and under any contract
or plan providing similar benefits which it replaces, for at
least six months immediately prior to termination shall be
entitled, without evidence of insurability, to convert to indi-
vidual or group coverage covering such group member and
any eligible dependents who were covered under the group
members coverage under the group contract or group plan.
The premium of the converted policy shall be determined
in accordance with the insurers table of premium rates ap-
plicable to the age and classification of risks of each person
to be covered under that policy and to the type and amount
of coverage provided.
(g) Each group certificate issued to each group member,
in addition to setting forth any conversion rights, shall set
forth the continuation right in a separate provision bearing
its own caption. The provision shall clearly set forth a full
description of the continuation right available, including all
requirements, limitations, and exceptions, the premium re-
quired, and the time of payment of all premiums due during
the period of continuation.
(h) The Commissioner shall adopt such rules and regu-
lations as he deems necessary for the administration of this
Code section. Such rules and regulations may prescribe vari-
ous conversion plans, including minimum conversion stan-
dards and minimum benefits, but not requiring benefits in
excess of those provided under the group contract or group
plan from which conversion is made, scope of coverage,
preexisting limitations, optional coverages, reductions, no-
tices to covered persons, and such other requirements as
the Commissioner deems necessary for the protection of the
citizens of this state.
(i) This Code section shall apply to all group plans and
group contracts delivered or issued for delivery in this state
on or after July 1, 1986, and to group plans and group con-
tracts then in effect on the first anniversary date occurring
on or after July 1, 1986.
Section 2. Chapter 30 of Title 33 of the Official Code of
Georgia Annotated, relating to group accident and sickness in-
GEORGIA LAWS 1986 SESSION
693
surance, is amended by repealing Code Section 33-30-12, which
reads as follows:
"33-30-12. (a) As used in this Code section, the term:
(1) 'Group health insurance policy means an acci-
dent 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 employ-
ees of employers or as members of unions or associations.
(2) 'Group-type basis means a benefit plan, other
than a salary budget plan utilizing individual insurance
policies or contracts, which meets the following condi-
tions:
(A) Coverage is provided through insurance poli-
cies 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 be-
cause of the covered persons employment or member-
ship 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 em-
ployer, 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
694
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 num-
ber 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 termi-
nated. The notice shall be sent to each such person by first-
class mail to the last home address of such person contained
in the files of the insurer or, if no name or address is con-
tained in the insurers 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 re-
quest that the persons receiving such notice inform other
persons covered under the policy of the termination of cover-
age.
(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, organiza-
tion, 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.,
in its entirety.
Section 3. This Act shall become effective on July 1, 1986,
except that Section 2 of this Act shall become effective upon
its approval by the Governor or upon its becoming law without
such approval.
GEORGIA LAWS 1986 SESSION
695
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
INSURANCE NOTICES OF TERMINATION, INCREASES
IN PREMIUM RATES, OR CHANGES IN COVERAGE;
ACCIDENT AND SICKNESS POLICIES; ALCOHOLISM AND
DRUG ADDICTION; UNFAIR TRADE PRACTICES.
Code Section 33-6-5 Amended.
Code Sections 33-24-28.3 and 33-24-47 Enacted.
No. 1456 (House Bill No. 1503).
AN ACT
To amend Chapter 24 of Title 33 of the Official Code of Geor-
gia Annotated, relating to insurance generally, so as to provide
for applicability; to require a notice of termination, an increase
in premium rate, or any change in any policy provision which
limits or restricts coverage to be delivered or mailed to an in-
sured in writing at least 45 days prior to the termination date
of the policy; to provide that failure to give such notice shall
result in an automatic extension of the policy; to provide for
pro rata premium payments; to provide that certain policies
of accident and sickness insurance issued, delivered, or issued
for delivery in this state which provides specific benefits for
the treatment of alcoholism or drug addiction shall not exclude
the payment or reimbursement of such covered hospital or medi-
cal service benefits to a hospital duly licensed in this state solely
because such hospital specializes in the treatment of alcoholics
or drug addicts and is operated primarily for the treatment of
such persons; to amend Code Section 33-6-5 of the Official Code
of Georgia Annotated, relating to unfair methods of competition
and other unfair acts, so as to provide that it shall be an unfair
trade practice for an insurer to cancel an entire line or class
696
GENERAL ACTS AND RESOLUTIONS, VOL. I
of business without demonstrating to the Commissioner that
continuation would be hazardous to the public or in violation
of law; to provide certain immunity from liability; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of
Georgia Annotated, relating to insurance generally, is amended
by adding a new Code Section 33-24-47 to read as follows:
"33-24-47. (a) Each insurer licensed to transact busi-
ness in this state which issues or issues for delivery in this
state policies or contracts of insurance insuring risks or resi-
dents in this state and insuring against liability for loss of,
damage to, or injury to persons or property shall comply
with the provisions of this Code section. This Code section
shall not apply to personal automobile or personal property
and casualty insurance policies.
0)) A notice of termination, including a notice of cancel-
lation or nonrenewal, by the insurer, a notice of an increase
in premium rates, other than an increase in premium rates
due to a change in risk or exposure, which exceeds 15 percent
of the current policys premium, or a notice of change in
any policy provision which limits or restricts coverage shall
be delivered to the insured in person or by depositing the
notice in the United States mail, to be dispatched by at least
first-class mail to the last address of record of the insured,
at least 45 days prior to the termination date of such policy.
The insurer may obtain a receipt provided by the United
States Postal Service as evidence of mailing such notice or
such other evidence of mailing as prescribed or accepted
by the United States Postal Service.
(c) The failure of an insurer to comply with the require-
ments of subsection (b) of this Code section shall entitle the
policyholder to purchase, under the same premium rate and
policy terms and conditions, an additional 30 day period of
insurance coverage beyond the termination date of such pol-
icy; provided, however, that the policyholder shall tender
the premium amount, computed on a pro rata basis, to the
insurer on or before the termination date. No provision of
GEORGIA LAWS 1986 SESSION
697
this Code section shall be construed as requiring the insur-
ance coverage under a policy to be extended for more than
30 days from the termination date stated in such policy.
There shall be no liability on the part of and no cause of
action of any nature shall arise against the Commissioner
or his employees or against any insurer, its authorized repre-
sentatives, its agents, its employees, or any firm, person,
or corporation furnishing to the insurer information as to
reasons for cancellation or nonrenewal for any statement
made by any of them and in written notice of cancellation
or nonrenewal or in any other communication, oral or writ-
ten, specifying the reasons for cancellation or nonrenewal
or providing information pertaining thereto or for state-
ments made or evidence submitted at any formal or informal
hearing conducted in connection therewith.
Section 2. Said chapter is further amended by adding a
new Code Section 33-24-28.3 following Code Section 33-24-28.2
to read as follows:
"33-24-28.3. No policy of accident and sickness insur-
ance, other than a policy of accident and sickness insurance
issued in connection with an extension of credit, which is
issued, delivered, or issued for delivery in this state by an
insurer, nonprofit medical service plan, nonprofit hospital
service plan, health care plan, fraternal benefit society, or
health maintenance organization authorized to transact in-
surance in this state and which provides specific benefits
for the treatment of alcoholism or drug addiction, shall ex-
clude the payment or reimbursement of such covered hospi-
tal or medical service benefits which would otherwise be
payable to a hospital duly licensed in this state solely because
such hospital specializes in the treatment of alcoholics or
drug addicts and is operated primarily for the treatment
of such persons.
Section 3. Code Section 33-6-5 of the Official Code of Geor-
gia Annotated, relating to unfair methods of competition and
other unfair acts, is amended by striking paragraphs (10) and
(11) in their entirety and inserting in lieu thereof new para-
graphs (10), (11), and (12) to read as follows:
"(10) No insurer shall refuse to insure an individual, re-
fuse to continue to insure an individual, limit the amount,
698
GENERAL ACTS AND RESOLUTIONS, VOL. I
extent, or kind of coverage available to an individual, or
charge an individual a different rate for coverage solely be-
cause the individual is blind or partially blind;
(11) Each insurer which acquires a salvage motor vehi-
cle, as defined in Code Section 40-3-2, shall, within 15 days
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 sal-
vage certificate of title ; and
(12) No insurer shall cancel an entire line or class of
business unless the insurer demonstrates to the satisfaction
of the Commissioner that continuation of such business
would violate the provisions of this title or would be hazard-
ous to its policyholders or the public.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
INSURANCE AGREEMENTS AMONG INSURERS AS TO
EQUITABLE APPORTIONMENT OF PROPERTY AND
CASUALTY INSURANCE RISKS; APPROVAL; REFUNDS OF
PORTIONS OF PREMIUMS AS A RESULT OF CERTAIN
VIOLATIONS.
Code Sections 33-9-7, 33-9-8, and 33-9-29 Amended.
No. 1457 (Senate Bill No. 553).
AN ACT
To amend Chapter 9 of Title 33 of the Official Code of Georgia
Annotated, relating to the regulation of rule making, rates, and
related organizations, so as to authorize agreements among in-
GEORGIA LAWS 1986 SESSION
699
surers with respect to the equitable apportionment of certain
property and casualty insurance risks; to require that such
agreements apportioning property and casualty insurance risks
be approved by the Commissioner of Insurance; to authorize
the Commissioner of Insurance to order the refund of portions
of premiums received from policyholders as the result of a viola-
tion of Chapter 9 of Title 33; 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,
rates, and related organizations, is amended by striking subsec-
tion (a) of Code Section 33-9-7, relating to agreements among
insurers apportioning certain insurance risks, and inserting in
lieu thereof a new subsection (a) to read as follows:
"(a) Agreements may be made among admitted insurers
with respect to the equitable apportionment among them
of property and casualty insurance which may be afforded
applicants who are in good faith entitled to but who are
unable to procure such insurance through ordinary methods,
and with respect to the use of reasonable rate modifications
for such insurance, such agreements to be subject to the
approval of the Commissioner.
Section 2. Said chapter is further amended by striking
subsection (a) of Code Section 33-9-8, relating to requirements
and approval of agreements among insurers apportioning cer-
tain insurance risks, and inserting in lieu thereof a new subsec-
tion (a) to read as follows:
"(a) Agreements shall be made among admitted prop-
erty and casualty insurers with respect to the equitable ap-
portionment among them of property and casualty insurance
which may be afforded applicants who are in good faith enti-
tled to but who are unable to procure such insurance through
ordinary methods upon the determination by the Commis-
sioner in writing that an agreement relative to a given kind
or kinds of property and casualty insurance is necessary
to protect the health, property, and welfare of the citizens
700 GENERAL ACTS AND RESOLUTIONS, VOL. I
of Georgia. All of the agreements shall be subject to the
approval of the Commissioner and upon his approval shall
have the effect of rules and regulations promulgated by the
Commissioner.
Section 3. Said chapter is further amended by striking
paragraph (1) of Code Section 33-9-29, relating to the issuance
of remedial orders by the Commissioner of Insurance generally,
in its entirety and inserting in lieu thereof a new paragraph
(1) to read as follows:
"(1) That any rate, rating plan, or rating system violates
the applicable provisions of this chapter, he may issue an
order to the insurer or rating organization which has been
the subject of the hearing specifying in what respects the
violation exists and stating when, within a reasonable period
of time, the further use of the rate or rating system by the
insurer or rating organization in contracts of insurance made
thereafter shall be prohibited and may further order that
the portion of premiums received from current policyholders
as a result of the most recent rate increase at the time the
notice of such hearing is issued shall be refunded to the
policyholders;.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 1, 1986.
GEORGIA LAWS 1986 SESSION
701
MAGISTRATE COURTS PREJUDGMENT ATTACHMENT;
DEFAULT JUDGMENTS; APPEALS; EXECUTIONS;
CLERKS.
Code Title 15, Chapter 10 Amended.
No. 1458 (Senate Bill No. 340).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Geor-
gia Annotated, relating to magistrate courts, so as to provide
that prejudgment attachment may not be granted by a magis-
trate court; to provide that with certain exceptions the chief
magistrates of certain counties must be active members of the
State Bar of Georgia; to provide that only certain appeals may
be had from default judgments in the magistrate courts; to pro-
vide for opening of defaults in certain cases; to provide for relief
from judgments of the magistrate courts; to provide for record-
ing of executions in the general execution docket kept by the
clerk of superior court; to provide a minimum age requirement
for clerks of the magistrate court; to provide for the powers
and duties of the clerks; to provide for all matters related to
the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of
Georgia Annotated, relating to magistrate courts, is amended
by striking in its entirety paragraph (5) of Code Section 15-10-2,
relating to the jurisdiction of magistrate courts, and inserting
in its place a new paragraph (5) to read as follows:
"(5) The trial of civil claims including garnishment and
attachment in which exclusive jurisdiction is not vested in
the superior court and the amount demanded or the value
of the property claimed does not exceed $2,500.00, provided
that no prejudgment attachment may be granted;.
Section 2. Said chapter is further amended by striking
in its entirety subsection (b) of Code Section 15-10-41, relating
702
GENERAL ACTS AND RESOLUTIONS, VOL. I
to trials in and appeals from magistrate courts, and inserting
in its place a new subsection (b) to read as follows:
"(b) Except as otherwise provided in this subsection,
appeals may be had from judgments returned in the magis-
trate court to the state court of the county or to the superior
court of the county and the same provisions now provided
for by general law for appeals contained in Code Section
5-3-29 shall be applicable to appeals from the magistrate
court, the same to be a de novo appeal. No appeal shall lie
from a default judgment entered in the magistrate court,
provided that the defaulting party may, upon payment of
costs, reopen the case in the magistrate court at any time
prior to the expiration of 15 days following the day of default.
Any case so reopened shall stand immediately ready for trial.
In the event that a default is not opened within the requisite
period of time, review shall be by certiorari to the state
court of the county or to the superior court of the county.
Section 3. Said chapter is further amended by adding at
the end of Code Section 15-10-43, relating to proceedings on
civil claims, new subsections (e), (f), and (g) to read as follows:
"(e) At any time before final judgment, the court, in
its discretion, upon payment of costs, may allow the default
to be opened for providential cause preventing the filing of
required pleadings or for excusable neglect or where the
judge, from all the facts, shall determine that a proper case
has been made for the default to be opened, on terms to
be fixed by the court. In order to allow the default to be
thus opened, the showing shall be made under oath, shall
set up a meritorious defense, shall offer to plead instanter,
and shall announce ready to proceed with the trial.
(f) Notwithstanding the provisions of Code Section 15-
10-42, the magistrate court may grant relief from a judgment
under the same circumstances as the state court may grant
such relief. Requests for relief from judgments in the magis-
trate court shall be by filing a new action pursuant to this
Code section. The procedure shall then be the same as in
other cases except the court may assess costs as seems just.
GEORGIA LAWS 1986 SESSION
703
(g) A complaint in equity to set aside a judgment of
the magistrate court may be brought under the same circum-
stances as a complaint to set aside a judgment in a court
of record.
Section 4. Said chapter is further amended by striking
in its entirety Code Section 15-10-47, relating to money judg-
ments in civil cases, and inserting in its place a new Code Section
15-10-47, to read as follows:
"15-10-47. (a) Except where otherwise provided by
law, the general laws and rules applicable to the effect, recor-
dation, execution, and enforcement of money judgments in
civil cases in the superior courts of this state shall be applica-
ble to and govern the magistrate courts.
(b) Upon the issuance of any execution by the magis-
trate court, the clerk of the magistrate court shall immedi-
ately transmit a copy of the execution to the clerk of superior
court of the county. The clerk of the superior court shall
immediately enter the execution upon the general execution
docket in the same manner as executions issued by the supe-
rior court, without the necessity of any action by the plaintiff
in fi. fa. The clerk of superior court shall not charge or collect
any fee for such entry.
Section 5. Said chapter is further amended by striking
in its entirety subsection (a) of Code Section 15-10-49, relating
to procedure in attachment, garnishment, dispossessory, and
distress warrant proceedings, and inserting in its place a new
subsection (a) to read as follows:
"(a) Procedure in attachment cases shall be subject to
Chapter 3 of Title 18, except that there shall be no prejudg-
ment attachment granted in the magistrate court.
Section 6. Said chapter is further amended by striking
in its entirety subsection (f) of Code Section 15-10-105, relating
to the selection, compensation, and eligibility of clerks of magis-
trate courts, and inserting in its place a new subsection (f) to
read as follows:
704
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(f) The eligibility for clerk is the same as for magis-
trate, except that a clerk shall be required to be at least
18 years of age.
Section 7. Said chapter is further amended by adding after
Code Section 15-10-105 a new Code Section 15-10-105.1 to read
as follows:
"15-10-105.1. (a) The duties of the clerk shall be as
assigned by the chief magistrate.
(b) The authority of the clerk of magistrate court shall
include the power:
(1) To administer oaths and take affidavits in all
cases permitted by law or where such authority is not
confined to some other officer;
(2) To receive the amounts of all costs due in the
court of which they are clerks and to receive other sums
whenever required to do so by law or by order of the
judge, and not otherwise; and
(3) To advertise under the same rules and restric-
tions as apply to sheriffs.
Section 8. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 2, 1986.
GEORGIA LAWS 1986 SESSION
705
GEORGIA DEVELOPMENT AUTHORITY MEMBERSHIP;
POWERS; PROGRAMS; TAX EXEMPTION OF PROPERTY;
VENUE.
Code Title 50, Chapter 10 Amended.
No. 1459 (House Bill No. 1686).
AN ACT
To amend Chapter 10 of Title 50 of the Official Code of Geor-
gia Annotated, relating to the Georgia Development Authority,
so as to revise extensively the provisions relating to the Georgia
Development Authority; to change the membership; to provide
for the appointment and terms of members of the authority;
to provide the powers of the authority; to provide for certain
programs of the authority; to provide that property of the au-
thority, including long-term notes secured by real estate and
held by the authority, shall be tax-exempt; to provide for the
venue of legal actions brought against 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 10 of Title 50 of the Official Code of
Georgia Annotated, relating to the Georgia Development Au-
thority, is amended by striking subsections (c) and (d) of Code
Section 50-10-2, relating to legislative intent and the Georgia
Development Authority, which read as follows:
"(c) It is found and declared that there exists a great
and growing need in the state for the construction of environ-
mental facilities for the furnishing of clear and wholesome
water to the general public and for the preservation and
improvement of the quality of the environment. Financial
assistance is an important inducement to construct such fa-
cilities and, therefore, this necessity, in the public interest
and for the public benefit and good, is declared as a matter
of legislative determination.
(d) It is further the purpose and intent of this chapter
to provide an instrumentality to provide environmental fa-
706
GENERAL ACTS AND RESOLUTIONS, VOL. I
cilities to assist local governments in constructing, extend-
ing, rehabilitating, repairing, and renewing environmental
facilities and to assist in the financing of such needs by pro-
viding grants, loans, bonds, and other assistance to local
governments.
Section 2. Said chapter is further amended by striking
from subsection (a) of Code Section 50-10-3, relating to the cre-
ation and membership of the authority, generally, the following:
"The authority shall consist of ten members: the Commis-
sioner of Agriculture, ex officio; the state auditor, ex officio;
the commissioner of industry and trade, ex officio; the com-
missioner of community affairs, ex officio; and six members
to be appointed by the Governor. Two members are to be
from and represent the interests of agriculture, two members
are to be from and represent the interests of industry, and
two members are to be from and represent the interests of
local governments in Georgia. The terms of all members
of the authority who are in office on March 1, 1983, shall
terminate on July 1, 1983. The Governor shall then appoint
three members, one each representing agriculture, industry,
and local governments, to serve until July 1,1986, and three
members, one each representing agriculture, industry, and
local governments, to serve until July 1, 1987. After expira-
tion of these terms, the terms of all succeeding members
shall be for four years.,
and inserting in lieu thereof the following:
"The authority shall consist of seven members: the Com-
missioner of Agriculture, ex officio, who shall be chairman
of the authority; the state auditor, ex officio; the commis-
sioner of industry and trade, ex officio; two members of the
public appointed by the Governor; and two members repre-
senting the interests of agriculture appointed by the Gover-
nor. Appointed members shall serve for terms of office of
four years and until their successors are appointed and quali-
fied. The authority shall be deemed to be the successor in
law and interest to the Georgia Development Authority cre-
ated by the General Assembly in Ga. L. 1960, p. 764, as
amended by Ga. L. 1983, p. 1026.,
so that when so amended subsection (a) of Code Section 50-10-
3 shall read as follows:
GEORGIA LAWS 1986 SESSION
707
"(a) There is created a body corporate and politic to
be known as the Georgia Development Authority which shall
be deemed an instrumentality of the state and a public corpo-
ration; and by that name, style, and title such body may
contract and be contracted with and bring and defend actions
in all courts of this state. The authority shall consist of seven
members: the Commissioner of Agriculture, ex officio, who
shall be chairman of the authority; the state auditor, ex
officio; the commissioner of industry and trade, ex officio;
two members of the public appointed by the Governor; and
two members representing the interests of agriculture ap-
pointed by the Governor. Appointed members shall serve
for terms of office of four years and until their successors
are appointed and qualified. The authority shall be deemed
to be the successor in law and interest to the Georgia Devel-
opment Authority created by the General Assembly in Ga.
L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026.
Section 3. Said chapter is further amended by striking
subsections (d) and (e) of Code Section 50-10-3, relating to the
creation and membership of the authority, which read as follows:
"(d) There shall be an executive committee consisting
of five members of the authority to be known as the Rural
Rehabilitation Committee. The chairman of the Rural Reha-
bilitation Committee shall be the Commissioner of Agricul-
ture, ex officio. The other members of the committee shall
be the state auditor, ex officio, the two members of the au-
thority who represent the interests of agriculture, and one
member of the authority designated by the authority. The
Rural Rehabilitation Committee shall administer all assets
received by the authority under the terms of Public Law
499, Eighty-first Congress, Second Session, and all assets of
the authority derived therefrom and shall be authorized to
employ agents to accomplish such administration. Neither
the Rural Rehabilitation Committee nor the authority shall
at any time commingle assets provided to the authority un-
der the terms of Public Law 499, Eighty-first Congress, Sec-
ond Session, with other assets of the authority. The Rural
Rehabilitation Committee shall maintain a separate ac-
counting of such assets and shall maintain suitable books
and records of such assets which shall be audited as are
the books and records of the authority for other assets. Con-
708
GENERAL ACTS AND RESOLUTIONS, VOL. I
tracts concerning assets provided to the authority under the
terms of Public Law 499, Eighty-first Congress, Second Ses-
sion, shall be executed by the committee.
(e) The authority is assigned to the Department of Com-
munity Affairs for administrative purposes only.,
and inserting in lieu thereof new subsections (d) and (e) to read
as follows:
"(d) All assets received by the authority under the
terms of Public Law 499, Eighty-first Congress, Second Ses-
sion, and all assets of the authority derived therefrom, shall
be administered by the authority under the terms of such
law, and the authority shall be authorized to employ agents
to accomplish such administration. The authority shall not
at any time commingle assets provided to the authority un-
der the terms of Public Law 499, Eighty-first Congress, Sec-
ond Session, with other assets of the authority. The authority
shall maintain a separate accounting of such assets and shall
maintain suitable books and records of such assets which
shall be audited as are the books and records of the authority
for other assets.
(e) The authority is assigned to the Department of Agri-
culture for administrative purposes only.
Section 4. Said chapter is further amended by striking
Code Section 50-10-4 through Code Section 50-10-21 which read
as follows:
"50-10-4. As used in this chapter, the term:
(1) 'Authority means the Georgia Development Au-
thority.
(2) 'Bond includes revenue bond.
(3) 'Cost of project or 'cost of any project means:
(A) All costs of acquisition, by purchase or other-
wise, construction, assembly, installation, modifica-
tion, renovation, or rehabilitation incurred in connec-
tion with any project or any part of any project;
GEORGIA LAWS 1986 SESSION
709
(B) All costs of real property, fixtures, or per-
sonal property used in or in connection with or nec-
essary for any project or for any facilities related
thereto, including but not limited to, the cost of all
land, estates for years, easements, rights, improve-
ments, water rights, connections for utility services;
fees, franchises, permits, approvals, licenses, and cer-
tificates; the cost of securing any such franchises, per-
mits, approvals, licenses, or certificates; 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 neces-
sary for any project;
(C) All financing charges, bond insurance, and
loan or loan guarantee fees and all interest on reve-
nue bonds, notes, or other obligations of the authority
which accrues or is paid prior to and during the period
of construction of a project and during such additional
period as the authority may reasonably determine
to be necessary to place such project in operation;
(D) All costs of engineering, surveying, planning,
environmental assessments, financial analyses, and
architectural, legal, and accounting services and all
expenses incurred by engineers, surveyors, planners,
environmental scientists, fiscal analysts, architects,
attorneys, and accountants in connection with any
project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and
trustees for bondholders under any bond resolution,
trust agreement, indenture of trust, or similar instru-
ment or agreement; all expenses incurred by any such
fiscal agents, paying agents, and trustees; and all
other costs and expenses incurred relative to the is-
suance of any bonds, revenue bonds, notes, or other
obligations for any project, including bond insurance;
(G) All fees of any type charged by the authority
in connection with any project;
710
GENERAL ACTS AND RESOLUTIONS, VOL. I
(H) All expenses of or incidental to determining
the feasibility or practicability of any project;
(I) All costs of plans and specifications for any
project;
(J) All costs of title insurance and examinations
of title with respect to any project;
(K) Repayment of any loans for the advance pay-
ment of any part of any of the foregoing costs, includ-
ing interest thereon and any other expenses of such
loans;
(L) Administrative expenses of the authority
and such other expenses as may be necessary or inci-
dental to any project or the financing thereof or the
placing of any project in operation; and
(M) The establishment of a fund or funds for
the creation of a debt service reserve, a renewal and
replacement reserve, or such other funds or reserves
as the authority may approve with respect to the
financing and operation of any project and as may
be authorized by any bond resolution, trust agree-
ment, indenture, or trust or similar instrument or
agreement pursuant to the provisions of which the
issuance of any revenue bonds, notes, or other obliga-
tions of the authority may be authorized.
Any cost, obligation, or expense incurred for any of the
purposes specified in this paragraph shall be a part of
the cost of the project and may be paid or reimbursed
as such out of the proceeds of revenue bonds, notes, or
other obligations issued by the authority.
(4) 'County means any county created under the
Constitution or laws of this state.
(5) 'Environmental facilities means any projects,
structures, and other real or personal property acquired,
rehabilitated, constructed, or planned:
(A) For the purposes of supplying, distributing
and treating water and diverting, channeling, or con-
GEORGIA LAWS 1986 SESSION
711
trolling water flow and head including, but not lim-
ited to, surface or ground water, canals, reservoirs,
channels, basins, dams, aqueducts, standpipes, pen-
stocks, conduits, pipelines, mains, pumping stations,
water distribution systems, compensating reservoirs,
intake stations, water works or sources of water sup-
ply, wells, purification or filtration plants or other
treatment plants and works, connections, water me-
ters, mechanical equipment, electric generating
equipment, rights of flowage or division and other
plant structures, equipment, conveyances, real or per-
sonal property or rights therein and appurtenances,
furnishings, accessories, and devices thereto neces-
sary or useful and convenient for the collection, con-
veyance, distribution, pumping, treatment, storing,
or disposing of water; and
(B) For the purposes of collecting, treating, or
disposing of sewage including, but not limited to,
main, trunk, intercepting, connecting, lateral, outlet,
or other sewers, outfall, pumping stations, treatment
and disposal plants, ground water rechange basins,
backflow prevention devices, sludge dewatering or
disposal equipment and facilities, clarifiers, filters,
phosphorus removal equipment and other plants, soil
absorption systems, innovative systems or equipment,
structures, equipment, vehicles, conveyances, real or
personal property or rights therein, and appurte-
nances thereto necessary or useful and convenient
for the collection, conveyance, pumping, treatment,
neutralization, storing, and disposing of sewage.
(6) 'Environmental services means the provision,
collectively or individually, of water facilities, sewerage
facilities, or management services.
(7) 'Local government or 'local governing authority
means any municipal corporation or county or any local
water or sewer or sanitary district and any state or local
authority, board, or political subdivision created by the
General Assembly or pursuant to the Constitution and
laws of the state.
(8) 'May means permission and not command.
712 GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 govern-
ments which are authorized to be issued under this chap-
ter or under the Constitution or other laws of this state,
including refunding bonds.
(11) 'Project means the acquisition, construction, in-
stallation, modification, renovation, repair, extension, re-
newal, replacement, or rehabilitation of land, interest
in land, buildings, structures, facilities, or other improve-
ments and the acquisition, installation, modification, ren-
ovation, repair, extension, renewal, replacement, rehabil-
itation, 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 improve-
ment, all for the essential public purpose of providing
environmental facilities and services to meet public
health and environmental standards and to aid the devel-
opment of trade, commerce, industry, agriculture, and
employment opportunities.
(12) 'Revenue bond includes bond.
(13) 'Sewerage facility means any environmental fa-
cility described in subparagraph (B) of paragraph (5) of
this Code section, defining 'environmental facilities.
(14) 'Water facility means any environmental facil-
ity described in subparagraph (A) of paragraph (5) of
this Code section, defining 'environmental facilities.
50-10-5. (a) The corporate purpose and the general na-
ture of the business of the Georgia Development Authority
shall be:
(1) Rural rehabilitation permissible under the char-
ter of the Georgia Rural Rehabilitation Corporation and
contained in paragraph (3) thereof and within the mean-
GEORGIA LAWS 1986 SESSION
713
ing of Public Law 499, Eighty-first Congress, Second Ses-
sion; and nothing contained in this chapter shall be con-
strued to permit the violation of trust agreements,
contracts, or other obligations entered into by the state
or the authority pursuant to Public Law 499, Eighty-
first Congress, Second Session, or to encumber assets of
the authority necessary to the performance of such trust
agreements, contracts, or obligations, and no bonds, reve-
nue bonds, notes, or other obligations of the authority
issued for an environmental facility project may encum-
ber assets of the authority provided to it under the provi-
sions of Public Law 499, Eighty-first Congress, Second
Session, nor any funds derived or to be derived from
such assets.
The authority shall at no time commingle funds ob-
tained under the provisions of Public Law 499, Eighty-
first Congress, Second Session, or funds derived from such
assets with other funds of the authority, and such funds
shall not be liable for any deficit, default, or failure of
any environmental facility project; nor shall funds ob-
tained by the authority, through the issuance of obliga-
tions or otherwise, for environmental facility projects
be liable for any deficit, default, or failure of any program
insured, guaranteed, or involving funds obtained by the
authority under Public Law 499, Eighty-first Congress,
Second Session, or arising under Public Law 499, Eighty-
first Congress, Second Session;
(2) The development of agriculture and industry
generally within the state by providing, securing, or guar-
anteeing loans for such purposes;
(3) Possession of and operation under any franchise,
license, or permit granted to it by the United States or
this state for a business purpose; and
(4) Assistance to local governments in constructing,
extending, rehabilitating, repairing, replacing, and re-
newing environmental facilities needs necessary for pub-
lic purposes and commercial, residential, and industrial
development or necessary or incidental to such develop-
ment by providing grants, loans, bonds, and other forms
714 GENERAL ACTS AND RESOLUTIONS, VOL. I
of financial and technical assistance to local governments
by providing such facilities.
(b) The corporate powers of the authority shall be those
provided in this chapter.
(c) In addition to, and not in limitation of, the powers
granted in this chapter, the Georgia Development Authority
shall have and may exercise the power and authority to
guarantee or insure loans made for rural rehabilitation pur-
poses or for agricultural and industrial development, pro-
vided that, with respect to any such guarantee or contract
of insurance made by the Rural Rehabilitation Committee
involving an asset provided to the authority under Public
Law 499, Eighty-first Congress, Second Session, the authority
shall maintain a reserve or insurance fund out of such assets
in an amount not less than 15 percent of the contingent
liability existing by reason of any such contracts of insurance
or guarantee made by the Rural Rehabilitation Committee.
The reserve or insurance fund of the authority may be in-
vested.
(d) Except as otherwise limited by this chapter, the au-
thoritys powers are reaffirmed and expanded as follows,
which reaffirmed and expanded powers are to be considered
cumulative of the powers previously given the authority.
The authority shall have power:
(1) To sue and be sued in all courts of this state,
the original jurisdiction and venue of such actions being
the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts, lease agree-
ments, and all other instruments necessary or convenient
to exercise the powers of the authority or to further the
public purpose for which the authority is created, such
contracts, leases, or instruments to include contracts for
construction, operation, management, or maintenance
of projects and facilities owned by local government, the
authority, or by the state or any state authority; and
any and all local governments, departments, institutions,
GEORGIA LAWS 1986 SESSION
715
or agencies of the state are authorized to enter into con-
tracts, leases, agreements, or other instruments with the
authority upon such terms and to transfer real and per-
sonal property to the authority for such consideration
and for such purposes as they deem advisable;
(4) To acquire by purchase, lease, or otherwise and
to hold, lease, and dispose of real or personal property
of every kind and character, or any interest therein, in
furtherance of the public purpose of the authority;
(5) To appoint officers, agents, and employees, pre-
scribe their duties and qualifications, and fix their com-
pensation;
(6) To finance by loan, loan guarantee, grant, lease,
or otherwise, and to construct, erect, assemble, purchase,
acquire, own, repair, remodel, renew, replace, renovate,
rehabilitate, modify, maintain, extend, improve, install,
sell, lease, equip, expand, add to, operate, or manage
projects and to pay the cost of any project from the pro-
ceeds of bonds, revenue bonds, notes, or other obligations
of the authority or any other funds of the authority or
from any contributions or loans by persons, corporations,
partnerships, whether limited or general, or other enti-
ties, all of which the authority is authorized to receive,
accept, and use;
(7) To make loans, through the acquisition of bonds,
revenue bonds, notes, or other obligations, and to make
grants to local governments or state or local governmen-
tal agencies for the acquisition or construction of agricul-
tural, industrial, or commercial facilities and of environ-
mental facilities by any such local government or state
or local governmental agency and to adopt rules, regula-
tions, and procedures for making such loans and grants;
(8) To borrow money to further or carry out its pub-
lic purpose and to issue revenue bonds, notes, or other
obligations to evidence such loans and to execute leases,
trust indentures, trust agreements for the sale of its reve-
nue bonds, notes, or other obligations, loan agreements,
mortgages, deeds to secure debt, trust deeds, security
716
GENERAL ACTS AND RESOLUTIONS, VOL. I
agreements, assignments, and such other agreements or
instruments as may be necessary or desirable in the judg-
ment of the authority, and to evidence and to provide
security for such loans;
(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 obliga-
tions 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 car-
rying 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;
(10) To collect fees and charges in connection with
its loans, commitments, and servicing including, but not
limited to, reimbursements of costs of financing, as the
authority shall determine to be reasonable and as shall
be approved by the authority;
(11) Subject to any agreement with bondholders, to
invest moneys of the authority not required for immedi-
ate use to carry out the purposes of this chapter, includ-
ing the proceeds from the sale of any bonds and any
moneys held in reserve funds, in obligations which shall
be limited to the following:
(A) Bonds or other obligations of the state or
bonds or other obligations, the principal and interest
of which are guaranteed by the state;
GEORGIA LAWS 1986 SESSION
717
(B) Bonds or other obligations of the United
States or of subsidiary corporations of the United
States government fully guaranteed by such govern-
ment;
(C) Obligations of agencies of the United States
government issued by the Federal Land Bank, the
Federal Home Loan Bank, the Federal Intermediate
Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any pub-
lic housing agency or municipality in the United
States, which bonds or obligations are fully secured
as to the payment of both principal and interest by
a pledge of annual contributions under an annual
contributions contract or contracts with the United
States government, or project notes issued by any
public housing agency, urban renewal agency, or mu-
nicipality in the United States and fully secured as
to payment of both principal and interest by a requisi-
tion, loan, or payment agreement with the United
States government;
(E) Certificates of deposit of national or state
banks located within the state which have deposits
insured by the Federal Deposit Insurance Corpora-
tion or any Georgia deposit insurance corporation and
certificates of deposit of federal savings and loan asso-
ciations and state building and loan associations lo-
cated within the state which have deposits insured
by the Federal Savings and Loan Insurance Corpora-
tion or any Georgia deposit insurance corporation,
including the certificates of deposit of any bank, sav-
ings and loan association, or building and loan associ-
ation acting as depository, custodian, or trustee for
any such bond proceeds; provided, however, that the
portion of such certificates of deposit in excess of the
amount insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insur-
ance Corporation or any Georgia deposit insurance
corporation, if any such excess exists, shall be secured
by deposit with the Federal Reserve Bank of Atlanta,
Georgia, or with any national or state bank located
718
GENERAL ACTS AND RESOLUTIONS, VOL. I
within the state, of one or more of the following secu-
rities in an aggregate principal amount equal at least
to the amount of such excess:
(i) Direct and general obligations of the state
or of any county or municipality in the state;
(ii) Obligations of the United States or sub-
sidiary corporations included in subparagraph (B)
of this paragraph;
(iii) Obligations of agencies of the United
States government included in subparagraph (C)
of this paragraph; or
(iv) Bonds, obligations, or project notes of
public housing agencies, urban renewal agencies,
or municipalities included in subparagraph (D)
of this paragraph; and
(F) Interest-bearing time deposits, repurchase
agreements, reverse repurchase agreements, rate
guarantee agreements, or other similar banking ar-
rangements with a bank or trust company having
capital and surplus aggregating at least $50 million
or with any government bond dealer reporting to,
trading with, and recognized as a primary dealer by
the Federal Reserve Bank of New York having capital
aggregating at least $50 million or with any corpora-
tion which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant
to the requirements of the Bank Holding Company
Act of 1956, provided that each such interest-bearing
time deposit, repurchase agreement, reverse repur-
chase agreement, rate guarantee agreement, or other
similar banking arrangement shall permit the mon-
eys so placed to be available for use at the time pro-
vided with respect to the investment or reinvestment
of such moneys and provided, further, that all moneys
in each such interest-bearing time deposit, repur-
chase agreement, reverse repurchase agreement, rate
guarantee agreement, or other similar banking ar-
rangement shall be continuously and fully secured
GEORGIA LAWS 1986 SESSION
719
by obligations described in subparagraph (A), (B), (C),
or (D) of this paragraph, equal at all times to the
amount of the interest-bearing time deposit, repur-
chase agreement, reverse repurchase agreement, rate
guarantee agreement, or other similar banking ar-
rangements;
(12) To acquire or contract to acquire from any per-
son, firm, corporation, local government, federal or state
agency, or corporation by grant, purchase, or otherwise,
leaseholds, real or personal property, or any interest
therein; and to sell, assign, exchange, transfer, convey,
lease, mortgage, or otherwise dispose of or encumber the
same; and local government is authorized to grant, sell,
or otherwise alienate leaseholds, real and personal prop-
erty, or any interest therein to the authority;
(13) To invest any moneys held in debt service funds
or sinking funds not restricted as to investment by the
Constitution or laws of this state or the federal govern-
ment or by contract not required for immediate use or
disbursement in obligations of the types specified in para-
graph (11) of this subsection, provided that, for the pur-
poses of this paragraph, the amounts and maturities of
such obligations shall be based upon and correlated to
the debt service, which debt service shall be the principal
installments and interest payments, schedule for which
such moneys are to be applied;
(14) To provide advisory, technical, consultative,
training, educational, and project assistance services to
the state and local government and to enter into con-
tracts with the state and local government to provide
such services. The state and local governments are au-
thorized to enter into contracts with the authority for
such services and to pay for such services as may be
provided them;
(15) To make loan commitments and loans to local
government and to enter into option arrangements with
local government for the purchase of said bonds, revenue
bonds, notes, or other obligations;
(16) To sell or pledge any bonds, revenue bonds, notes,
720 GENERAL ACTS AND RESOLUTIONS, VOL. I
or other obligations acquired by it whenever it is deter-
mined by the authority that the sale thereof is desirable;
(17) To apply for and to accept any gifts or grants
or loan guarantees or loans of funds or property or finan-
cial or other aid in any form from the federal government
or any agency or instrumentality thereof, or from the
state or any agency or instrumentality thereof, or from
any other source for any or all of the purposes specified
in this chapter and to comply, subject to the provisions
of this chapter, with the terms and conditions thereof;
(18) To lease to local governments any authority
owned facilities or property or any state owned facilities
or property which the authority is managing under con-
tract with the state;
(19) To contract with state agencies or any local gov-
ernment for the use by the authority of any property
or facilities or services of the state or any such state
agency or local government or for the use by any state
agency or local government of any facilities or services
of the authority and such state agencies and local govern-
ments are authorized to enter into such contracts;
(20) To extend credit or make loans, including the
acquisition of bonds, revenue bonds, notes, or other obli-
gations to the state, any local government, or other en-
tity, including the federal government, for the cost or
expense of any project or any part of the cost or expense
of any project, which credit or loans may be evidenced
or secured by trust indentures, loan agreements, notes,
mortgages, deeds to secure debt, trust deeds, security
agreements, or assignments, on such terms and condi-
tions as the authority shall determine to be reasonable
in connection with such extension of credit or loans, in-
cluding provision for the establishment and maintenance
of reserve funds; and, in the exercise of powers granted
by this chapter in connection with any project, the au-
thority shall have the right and power to require the
inclusion in any such trust indentures, loan agreement,
note, mortgage, deed to secure debt, trust deed, security
agreement, assignment, or other instrument such provi-
sions or requirements for guaranty of any obligations,
GEORGIA LAWS 1986 SESSION
721
insurance, construction, use, operation, maintenance,
and financing of a project and such other terms and condi-
tions as the authority may deem necessary or desirable;
(21) As security for repayment of any bonds, revenue
bonds, notes, or other obligations of the authority, to
pledge, lease, mortgage, convey, assign, hypothecate, or
otherwise encumber any property of the authority includ-
ing, 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 authoritys revenue bonds, notes or
other obligations, loan agreement, mortgage, deed to se-
cure 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 fore-
closure or forced sale of any property of the authority
upon default in any obligation of the authority, either
in payment of principal, premium, if any, or interest
or in the performance of any term or condition contained
in any such agreement or instrument;
(22) To receive and use the proceeds of any tax levied
by a local government to pay all or any part of the cost
of any project or for any other purpose for which the
authority may use its own funds pursuant to this chapter;
(23) To use income earned on any investment for such
corporate purposes of the authority as the authority in
its discretion shall determine;
(24) To cooperate and act in conjunction with indus-
trial, commercial, medical, scientific, public interest, or
educational organizations; with agencies of the federal
government and this state and local government; with
other states and their political subdivisions; and with
joint agencies thereof and such state agencies, local gov-
ernment, and joint agencies are authorized and empow-
ered to cooperate and act in conjunction, and to enter
into contracts or agreements with the authority and local
government to achieve or further the policies of the state
declared in this chapter;
722
GENERAL ACTS AND RESOLUTIONS, VOL. I
(25) To adopt bylaws governing the conduct of busi-
ness by the authority, the election and duties of officers
of the authority, and other matters which the authority
determines to deal with in its bylaws;
(26) To exercise any power granted by the laws of
this state to public or private corporations which is not
in conflict with the public purpose of the authority;
(27) To do all things necessary or convenient to carry
out the powers conferred by this chapter; and
(28) To designate three or more of its number to con-
stitute an executive committee who, to the extent pro-
vided in such resolution or in the bylaws of the authority,
shall have and may exercise the powers of the authority
in the management of the affairs and property of the
authority and the exercise of its powers.
(e) The authority shall not have the power of eminent
domain.
50-10-6. (a) The authority may make loans to a local
government to pay all or any part of the cost of a project.
The authority may require the local government to issue
bonds or revenue bonds as evidence of such loans. The au-
thority and a local government may enter into such loan
commitments and option agreements as may be determined
appropriate by the authority.
(b) The authority may require as a condition of any
loan to a local government that such local government shall
perform any or all of the following:
(1) In the case of loans for a sewerage facility, estab-
lish and collect sewer rents, rates, fees, and charges so
as to produce revenues sufficient to pay all or a specified
portion of:
(A) Costs of operation, maintenance, replace-
ment, renewal, and repairs; and
(B) Outstanding indebtedness incurred for the
purposes of such sewerage facility, including the prin-
GEORGIA LAWS 1986 SESSION
723
cipal of and interest on the bond, revenue bond, note,
or other obligation issued by the local government,
as the same shall become due and payable, and to
create and maintain any required reserves;
(2) In the case of loans for a water facility, establish
and collect rents, rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, renewal, re-
placement, and repairs of the water facility of such
local government; and
(B) Outstanding indebtedness incurred for the
purposes of such water facility, including the princi-
pal of and interest on the bonds, revenue bonds, notes,
or other obligations issued by the local government,
as the same shall become due and payable, and to
create and maintain any required reserves;
(3) Create and maintain a special fund or funds, as
additional security for the payment of the principal of
such revenue bonds and the interest thereon and any
other amounts becoming due under any agreement, en-
tered into in connection therewith and for the deposit
therein of such revenues as shall be sufficient to make
such payment as the same shall become due and payable;
(4) Create and maintain such other special funds
as may be required by the authority; and
(5) Perform such other acts, including the convey-
ance of real and personal property together with all right,
title, or interest therein to the authority, or take other
actions as may be deemed necessary or desirable by the
authority to secure the payment of the principal of and
interest on such bonds, revenue bonds, notes, or other
obligations and to provide for the remedies of the author-
ity in the event of any default by such local government
in such payment.
(c) All local governments issuing and selling bonds, rev-
enue bonds, notes, or other obligations to the authority are
724 GENERAL ACTS AND RESOLUTIONS, VOL. I
authorized to perform such acts, take such action, adopt such
proceedings, and to make and carry out such contracts with
the authority as may be contemplated by this chapter.
(d) In connection with the making of any loan autho-
rized by this chapter, the authority may fix and collect such
fees and charges including, but not limited to, reimburse-
ment of all costs of financing by the authority, as the author-
ity shall determine to be reasonable. Neither the Public Ser-
vice Commission nor any local government or state agency
shall have jurisdiction over the authoritys power over the
regulation of such fees or charges.
50-10-7. (a) For the purposes of this chapter, the term
Tease agreement shall mean and include a lease, operating
lease rental agreement, usufruct, sale and lease back, or
any other lease agreement having a term of not more than
50 years and concerning real, personal, or mixed property,
any right, title, or interest therein by and between the state,
the authority, a local government, or any combination
thereof.
(b) A local government by resolution of its governing
body may enter into a lease agreement for the provision
of environmental services utilizing facilities owned by the
authority upon such terms and conditions as the authority
shall determine to be reasonable including, but not limited
to, the reimbursement of all costs of construction and financ-
ing and claims arising therefrom.
(c) No lease agreement shall be deemed to be a contract
subject to any law requiring that contract shall be let only
after receipt of competitive bids.
(d) Any lease agreement may provide for the construc-
tion of such environmental facility by the local government
as agent for the authority. In such event, all contracts for
such construction shall be let by such local government in
accordance with the provisions of law otherwise applicable
to the letting of such contracts by such local government
and with the provisions of state law pertaining to prevailing
wages, labor standards, and working hours. Any such lease
agreement may contain provisions by which such local gov-
GEORGIA LAWS 1986 SESSION
725
ernment shall indemnify the authority against any and all
damages resulting from acts or omissions to act on the part
of such local government or its officers, agents, or employees
in constructing such facility or facilities, in letting any con-
tracts in connection therewith, or in operating and maintain-
ing the same.
(e) Any lease agreement executed by the authority di-
rectly with any local government may provide at the termi-
nation 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.
(f) Any lease agreement directly between the state or
authority and a local government may contain provisions
requiring the local government to perform any or all of the
following:
(1) In the case of a sewerage facility, to establish
and collect sewer rents, rates, fees, and charges so as
to produce revenues sufficient to pay all or a specified
portion of:
(A) The costs of operation, maintenance, re-
newal, replacement, and repairs of the sewerage facil-
ity of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or
other obligations incurred for the purposes of such
sewerage facility and to provide for the payment of
all amounts as they shall become due and payable
under the terms of such lease agreement, including
amounts for the creation and maintenance of any
required reserves;
(2) In the case of a water facility, to establish and
collect rents, rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, re-
newal, and repairs of the water facility of such local
government; and
726
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Outstanding bonds, revenue bonds, notes, or
other obligations incurred for the purposes of such
water facility and to provide for the payment of all
amounts as they shall become due and payable under
the terms of such lease agreement, including amounts
for the creation and maintenance of any required
reserves;
(3) To create and maintain reasonable reserves or
other special funds;
(4) To create and maintain a special fund or funds,
as additional security for the punctual payment of any
rentals due under such lease agreement and for the de-
posit therein of such revenues as shall be sufficient to
pay said lease rentals and any other amounts becoming
due under such lease agreements as the same shall be-
come due and payable; or
(5) To perform such other acts and take such other
action as may be deemed necessary and desirable by the
authority to secure the complete and punctual perfor-
mance by such local government of such lease agree-
ments and to provide for the remedies of the authority
in the event of a default by such local government in
such payment.
50-10-8. (a) The authority shall have the power and
is authorized from time to time to issue bonds, in such princi-
pal amounts as it may determine to be necessary to pay
all or a portion of the cost of any project or environmental
facilities, to provide amounts necessary for any corporate
purposes, including incidental expenses in connection with
the issuance of the bonds.
(b) In addition, the authority shall have the power and
is authorized to issue bonds in such principal amounts as
the authority deems appropriate, such bonds to be primarily
secured by a pool of obligations issued by local governments
when the proceeds of the local government obligations are
applied to local environmental facility projects.
(c) The authority shall have the power from time to
time to refund any bonds by the issuance of new bonds
GEORGIA LAWS 1986 SESSION
727
whether the bonds to be refunded have or have not matured
and may issue bonds partly to refund bonds then outstanding
and partly for any other corporate purpose.
(d) Bonds issued by the authority shall be special obliga-
tions payable solely out of particular revenues or other mon-
eys of the authority as may be designated in the proceedings
of the authority under which the bonds shall be authorized
to be issued, subject to any agreements entered into between
the authority and state agencies, local government, or pri-
vate parties and subject to any agreements with the holders
of outstanding bonds pledging any particular revenues or
moneys.
(e) (1) The authority is authorized to obtain from any
department, agency, or corporation of the United States
of America or governmental insurer, including the state,
any insurance or guaranty, to the extent now or hereafter
available, as to or for the payment or repayment of inter-
est or principal, or both, or any part thereof on any bonds
or notes issued by the authority or on any obligations
of federal, state, or local governments purchased or held
by the authority; and to enter into any agreement or
contract with respect to any such insurance or guaranty,
except to the extent that the same would in any way
impair or interfere with the ability of the authority to
perform and fulfill the terms of any agreement made
with the holders of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized
by resolution of the authority, be in such denominations,
bear such date or dates, and mature at such time or
times as the authority determines to be appropriate, ex-
cept that bonds and any renewal thereof shall mature
within 25 years of the date of their original issuance.
Such bonds shall be subject to such terms of redemption,
bear interest at such rate or rates payable at such times,
be in such form, either coupon or registered, as to princi-
pal or interest or both principal and interest, carry such
registration privileges, be executed in such manner, be
payable in such medium of payment at such place or
places, and be subject to such terms and conditions as
such resolution of the authority may provide. Bonds may
728
GENERAL ACTS AND RESOLUTIONS, VOL. I
be sold at public or private sale for such price or prices
as the authority shall determine.
(3) Any resolution or resolutions authorizing bonds
or any issue of bonds may contain provisions which may
be a part of the contract with the holders of the bonds
thereby authorized as to:
(A) Pledging all or part of its revenues, together
with any other moneys, securities, contracts, or prop-
erty to secure the payment of the bonds, subject to
such agreements with bondholders as may then exist;
(B) Setting aside of reserves and the creation of
sinking funds and the regulation and disposition
thereof;
(C) Limiting the purpose to which the proceeds
from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict
and regulate the use of any project or part thereof
in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds,
the terms upon which additional bonds may be issued
and secured and the refunding of outstanding or other
bonds;
(F) Setting the procedure, if any, by which the
terms of any contract with bondholders may be
amended or abrogated, including the proportion of
bondholders which must consent thereto and the
manner in which such consent may be given;
(G) Creating special funds into which any reve-
nues or other moneys may be deposited;
(H) Setting the terms and provisions of any
trust, deed, or indenture or other agreement under
which the bonds may be issued;
(I) Vesting in a trustee or trustees such proper-
ties, rights, powers, and duties in trust as the author-
GEORGIA LAWS 1986 SESSION
729
ity may determine, which may include any or all of
the rights, powers, and duties of the trustee appointed
by the bondholders pursuant to Code Section 50-10-
11 and limiting or abrogating the rights of the bond-
holders to appoint a trustee under such Code section
or limiting the rights, duties, and powers of such
trustee;
(J) Defining the acts or omissions to act which
may constitute a default in the obligations and duties
of the authority to the bondholders and providing
for the rights and remedies of the bondholders in
the event of such default, including as a matter of
right the appointment of a receiver; provided, how-
ever, that such rights and remedies shall not be incon-
sistent with the general laws of the state and other
provisions of this chapter;
(K) Limiting the power of the authority to sell
or otherwise dispose of any environmental facility
or any part thereof or other property, including mu-
nicipal bonds held by it;
(L) Limiting the amount of revenues and other
moneys to be expended for operating, administrative,
or other expenses of the authority;
(M) Providing for the payment of the proceeds
of bonds, obligations, revenues, and other moneys to
a trustee or other depository and for the method of
disbursement thereof with such safeguards and re-
strictions as the authority may determine; and
(N) Establishing any other matters of like or dif-
ferent character which in any way affect the security
for the bonds or the rights and remedies of bondhold-
ers.
(4) In addition to the powers conferred upon the au-
thority to secure its bonds, the authority shall have power
in connection with the issuance of bonds to enter into
such agreements as the authority may deem necessary,
consistent, or desirable concerning the use or disposition
730 GENERAL ACTS AND RESOLUTIONS, VOL. I
of its revenues or other moneys or property, including
the mortgaging of any property and the entrusting, pledg-
ing, or creation of any other security interest in any
such revenues, moneys, or property and the doing of any
act, including refraining from doing any act, which the
authority would have the right to do in the absence of
such agreements. The authority shall have power to en-
ter into amendments of any such agreements within the
powers granted to the authority by this chapter and to
perform such agreements. The provisions of any such
agreements may be made a part of the contract with
the holders of bonds of the authority.
(5) Any pledge of or other security interest in reve-
nues, moneys, accounts, contract rights, general intangi-
bles, or other personal property made or created by the
authority shall be valid, binding, and perfected from the
time when such pledge is made or other security interest
attaches without any physical delivery of the collateral
or further act, and the lien of any such pledge or other
security interest shall be valid, binding, and perfected
against all parties having claims of any kind in tort,
contract, or otherwise against the authority irrespective
of whether or not such parties have notice thereof. No
instrument by which such a pledge or security interest
is created nor any financing statement need be recorded
or filed.
(6) All bonds issued by the authority shall be exe-
cuted in the name of the authority by the chairman and
secretary of the authority and shall be sealed with the
official seal or a facsimile thereof. Coupons, if any, shall
be executed in the name of the authority by the chairman
of the authority, the facsimile signature of the chairman
and the secretary of the authority may be imprinted in
lieu of the manual signature if the authority so directs;
and the facsimile of the chairmans signature shall be
used on coupons, if such are attached. Bonds and interest
coupons appurtenant thereto bearing the manual or fac-
simile signature of a person in office at the time such
signature was signed or imprinted shall be fully valid,
notwithstanding the fact that before or after delivery
thereof such person ceased to hold such office.
GEORGIA LAWS 1986 SESSION
731
(7) 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 provide
for the replacement of any bond which shall become mu-
tilated or be destroyed or lost.
(8) All bonds issued by the authority under this
chapter may be executed, confirmed, and validated under
and in accordance with Article 3 of Chapter 82 of Title
36, except as otherwise provided in this chapter.
(9) The venue for all bond validation proceedings
pursuant to this chapter shall be Fulton County, and
the Superior Court of Fulton County shall have exclusive
final court jurisdiction over such proceedings.
(10) Bonds issued by the authority shall have a certifi-
cate of validation bearing the facsimile signature of the
clerk of the Superior Court of Fulton County and shall
state the date on which said bonds were validated; and
such entry shall be original evidence of the fact of judg-
ment and shall be received as original evidence in any
court of this state.
(11) The authority shall reimburse the district attor-
ney for his actual costs, if any, associated with the bond
validation proceedings. The fees payable to the clerk of
the Superior Court of Fulton County for validation shall
be as follows for each bond, regardless of the denomina-
tion of such bond:
(A) One dollar each for the first 100 bonds;
(B) Twenty-five cents each for the next 400
bonds; and
(C) Ten cents for each such bond over 500.
(12) Whether or not the bonds of the authority are
of such form and character as to be negotiable instru-
ments, the bonds are made negotiable instruments
within the meaning of and for all the purposes of Georgia
732
GENERAL ACTS AND RESOLUTIONS, VOL. I
law subject only to the provisions of the bonds for regis-
tration.
(13) Neither the members of the authority nor any
person executing bonds shall be liable personally thereon
or be subject to any personal liability or accountability
solely by reason of the issuance thereof.
(14) The authority, subject to such agreements with
bondholders as then may exist, shall have power out of
any moneys available therefor to purchase bonds of the
authority, which shall thereupon be canceled, at a price
not in excess of the following:
(A) If the bonds are then redeemable, the re-
demption price then applicable plus accrued interest
to the next interest payment date; or
(B) If the bonds are not then redeemable, the
redemption price applicable on the first date after
such purchase upon which the bonds become subject
to redemption, plus accrued interest to the next inter-
est payment date.
(15) In lieu of specifying the rate or rates of interest
which bonds to be issued by an authority are to bear,
the notice to the district attorney or the Attorney Gen-
eral, the notice to the public of the time, place, and date
of the validation hearing, and the petition and complaint
for validation may state that the bonds when issued will
bear interest at a rate not exceeding a maximum per
annum rate of interest, which rate may be fixed or may
fluctuate or otherwise change from time to time, specified
in such notices and petition and complaint or may state
that, in the event the bonds are to bear different rates
of interest for different maturity dates, none of such rates
will exceed the maximum rate, which rate may be fixed
or may fluctuate or otherwise change from time to time,
so specified; provided, however, that nothing in this Code
section shall be construed as prohibiting or restricting
the right of the authority to sell such bonds at a discount,
even if in doing so the effective interest cost resulting
therefrom would exceed the maximum per annum inter-
GEORGIA LAWS 1986 SESSION
733
est rate specified in such notices and in the petition and
complaint.
50-10-9. The authority shall not enter into any contract
or agreement with any local government with respect to
the financing of any environmental facility pursuant to this
chapter, unless the director of the Environmental Protection
Division of the Department of Natural Resources shall have
completed all existing statutory reviews and approvals with
respect to such project. Nothing in this chapter shall be con-
strued to diminish the full authority and responsibility of
the director of the Environmental Protection Division for
existing statutory reviews and approvals.
50-10-10. The bonds of the authority are made securities
in which all public officials and bodies of the state and all
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, invest-
ment companies and other persons carrying on a banking
business, and administrators, guardians, executors, trustees,
and other fiduciaries and all other persons whatsoever, who
are now or may hereafter be authorized to invest in bonds
or other obligations of the state, may properly and legally
invest funds including capital in their control or belonging
to them. The bonds are also made securities which may be
deposited with and may be received by all public officers
and bodies of this state and all municipalities for any pur-
poses for which the deposit of bonds or other obligations
of this state are now or hereafter may be authorized.
50-10-11. The State of Georgia does pledge to and agree
with the holders of any bonds issued by the authority pur-
suant to this chapter that the state will not alter or limit
the rights vested in the authority to fulfill the terms of any
agreement made with or for the benefit of the holders of
bonds or in any way impair the rights and remedies of bond-
holders until the bonds, together with the interest thereon,
with interest on any unpaid installments of interest, and
all costs and expenses in connection with any action or pro-
ceeding by or on behalf of such holders, are fully met and
discharged or funds for the payment of such are fully pro-
734
GENERAL ACTS AND RESOLUTIONS, VOL. I
vided. The authority is authorized to include this pledge
and agreement of the state in any agreement with bondhold-
ers.
50-10-12. Neither the members of the authority nor any
officer or employee of the authority acting in behalf thereof,
while acting within the scope of his authority, shall be sub-
ject to any liability resulting from:
(1) The construction, ownership, maintenance, or
operation of any project financed with the assistance of
the authority;
(2) The construction, ownership, maintenance, or
operation of any sewerage system, environmental facil-
ity, or water system owned by a local government; or
(3) Carrying out any of the powers expressly given
in this chapter.
50-10-13. The provisions of this chapter shall be liber-
ally construed to effect the purpose hereof. The offer, sale,
or issuance of bonds, notes, or other obligations by the au-
thority shall not be subject to regulation under Chapter 1
of Title 10, known as the 'Georgia Securities Act of 1973.
No notice, proceeding, or publication except those required
in this chapter shall be necessary to the performance of
any act authorized in this chapter; nor shall any such act
be subject to referendum.
50-10-14. No bonds, notes, or other obligations of and
no indebtedness incurred by the authority shall constitute
an indebtedness or obligation or a pledge of the faith and
credit of the State of Georgia or of its agencies; nor shall
any act of the authority in any manner constitute or result
in the creation of an indebtedness of the state or its agencies
or a cause of action against the state or its agencies; provided,
however, the state, to the extent permitted by its Constitu-
tion, may guarantee payment of such bonds, notes, or other
obligations as guaranteed revenue debt.
50-10-15. It is found, determined, and declared that the
creation of this authority and the carrying out of its corpo-
GEORGIA LAWS 1986 SESSION
735
rate purposes is in all respects for the benefit of the people
of the state and that the authority is an institution of purely
public charity and will be performing an essential govern-
mental function in the exercise of the power conferred upon
it by this chapter. For such reasons the state covenants with
the holders from time to time of the bonds, notes, and other
obligations issued under this chapter that the authority shall
not be required to pay any taxes or assessments imposed
by the state or any of its counties, municipal corporations,
political subdivisions, or taxing districts upon any property
acquired by the authority or under its jurisdiction, control,
possession, or supervision or leased by it to others, or upon
its activities in the operation or maintenance of any such
property or on any income derived by the authority in the
form of fees, recording fees, rentals, charges, purchase price,
installments, or otherwise, and that the bonds, notes, and
other obligations of the authority, their transfer, and the
income therefrom shall at all times be exempt from taxation
within the state. The tax exemption provided in this chapter
shall not include any exemption from sales and use tax on
property purchased by the authority or for use by the author-
ity.
50-10-16. The authority shall have all rights afforded
the state by virtue of the Constitution of the United States,
and nothing in this chapter shall be construed to remove
any such rights.
50-10-17. The issuance of any bond, revenue bond, note,
or other obligation or incurring of debt, public or otherwise,
by the authority must be approved by the commission estab-
lished by Article VII, Section IV, Paragraph VII of the Con-
stitution of the State of Georgia of 1983 or its successor.
50-10-18. This chapter, being for the welfare of this
state and its inhabitants, shall be liberally construed to effect
the purposes specified in this chapter.
50-10-19. The authority is specifically authorized, to the
extent permitted under the Constitution of this state, to use
the proceeds of general obligation debt incurred by the state
on such projects and for such purposes as are described by
the General Assembly of Georgia in legislation stating the
purposes for which such debt is incurred.
736
GENERAL ACTS AND RESOLUTIONS, VOL. I
50-10-20. Nothing contained in this chapter shall per-
mit the authority to issue bonds or revenue bonds at any
time when the sum of:
(1) The highest aggregate annual debt service re-
quirements for the then current fiscal year or any subse-
quent fiscal year for outstanding authority bonds or reve-
nue bonds, including the proposed bonds or revenue
bonds; and
(2) The highest annual debt service requirements
for the then current fiscal year or any subsequent fiscal
year on general obligation debt of the state issued for
authority projects
exceeds 1 percent of the total revenue receipts, less refunds,
of the state treasury in the fiscal year immediately preceding
the year in which any such bond or revenue bond is to be
issued.
50-10-21. (a) In the event of a failure of any local gov-
ernment to collect and remit in full all amounts due to the
authority and all amounts due to others, which involve the
credit or guarantee of the authority or of the state, on the
date such amounts are due under the terms of any bond,
revenue bond, note, or other obligation of the local govern-
ment, it shall be the duty of the authority to notify the
director of the Fiscal Division of the Department of Adminis-
trative Services who shall withhold all funds of the state
and all funds administered by the state, its agencies, boards,
and instrumentalities allotted to such local government until
such local government has collected and remitted in full
all sums due and cured or remedied all defaults on any such
bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall man-
date the withholding of funds allocated to a local government
which would violate contracts to which the state is a party,
the requirements of federal law imposed on the state, or
judgments of any court binding the state.,
and inserting in lieu thereof the following:
"50-10-4. (a) The corporate purpose and the general
nature of the business of the Georgia Development Authority
shall be:
GEORGIA LAWS 1986 SESSION
737
(1) Rural rehabilitation permissible under the char-
ter of the Georgia Rural Rehabilitation Corporation and
contained in paragraph (3) thereof and within the mean-
ing of Public Law 499, Eighty-first Congress, Second Ses-
sion;
(2) The development of agriculture and industry
generally within the state by providing, securing, or guar-
anteeing loans for such purposes; and
(3) Possession of and operation under any franchise,
license, or permit granted to it by the United States or
this state for a business purpose.
(b) The corporate powers of the authority shall be those
provided in this chapter and those additional powers pro-
vided in subparagraph (a)(3)(C) and paragraphs (1) through
(6), (8), (11), and (19) of subsection (b) of Code Section 14-2-
21 and in Code Section 14-2-147.
50-10-5. (a) (1) In addition to, and not in limitation
of, the powers granted in this chapter, the Georgia Devel-
opment Authority shall have and may exercise the power
and authority to guarantee or insure loans made for rural
rehabilitation purposes or for agricultural and industrial
development, provided that, with respect to any such
guarantee or contract of insurance made by the authority
involving an asset provided to the authority under Public
Law 499, Eighty-first Congress, Second Session, the au-
thority shall maintain a reserve or insurance fund out
of such assets in an amount not less than 15 percent
of the contingent liability existing by reason of any such
contracts of insurance or guarantee. The reserve or insur-
ance fund of the authority may be invested.
(2) Any funds or assets of the authority obtained
under the provisions of Public Law 499, Eighty-first Con-
gress, Second Session, or funds derived from such funds
or assets, shall not be liable for any deficit, default, or
failure of any environmental facility project and the au-
thority shall not be obligated on, responsible for, or liable
on any obligation of any kind entered into relating to
environmental facility projects. The authority shall only
738 GENERAL ACTS AND RESOLUTIONS, VOL. I
be responsible for those obligations related to the funds
or assets of the authority received under Public Law 499,
Eighty-first Congress, Second Session and funds or assets
derived therefrom.
(b) In addition to the powers granted in Code Section
50-10-4 and subsection (b) of this Code section, the authority
shall have the power:
(1) To bring and defend an action in all courts, the
original jurisdiction and venue of such actions against
the authority being in the Superior Court of Fulton
County;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts, lease agree-
ments, and all other instruments necessary or convenient
to exercise the powers of the authority or to further the
public purpose for which the authority is created, and
to make loans, to provide security for loans, or to guaran-
tee loans for the purpose of developing agriculture or
industry; provided, however, that the authority shall not
make any such loan or guaranty or provide any such
security or issue any bonds, notes, or other obligations
in connection therewith, unless the authority shall adopt
a resolution finding that the project for which such loan
or guaranty is to be made or for which such security is
to be provided will promote the development of agricul-
ture or industry;
(4) To acquire by purchase, lease, or otherwise and
to hold, lease, and dispose of real or personal property
of every kind and character, or any interest therein, in
furtherance of the public purpose of the authority;
(5) To appoint officers, agents, and employees, pre-
scribe their duties and qualifications, and fix their com-
pensation;
(6) To borrow money to further or carry out its pub-
lic purpose and to issue revenue bonds, notes, or other
obligations to evidence such loans and to execute leases,
GEORGIA LAWS 1986 SESSION
739
trust indentures, trust agreements for the sale of its reve-
nue bonds, notes, or other obligations, loan agreements,
mortgages, deeds to secure debt, trust deeds, security
agreements, assignments, and such other agreements or
instruments as may be necessary or desirable in the judg-
ment of the authority, and to evidence and to provide
security for such loans;
(7) To collect fees and charges in connection with
its loans, commitments, and servicing including, but not
limited to, reimbursements of costs of financing, as the
authority shall determine to be reasonable and as shall
be approved by the authority;
(8) To invest, subject to any agreement with bond-
holders, moneys of the authority not required for immedi-
ate use to carry out the purposes of this chapter, includ-
ing the proceeds from the sale of any bonds and any
moneys held in reserve funds, in obligations which shall
be limited to the following:
(A) Bonds or other obligations of the state or
bonds or other obligations, the principal and interest
of which are guaranteed by the state;
(B) Bonds or other obligations of the United
States or of subsidiary corporations of the United
States government fully guaranteed by such govern-
ment;
(C) Obligations of agencies of the United States
government issued by the Federal Land Bank, the
Federal Home Loan Bank, the Federal Intermediate
Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any pub-
lic housing agency or municipality in the United
States, which bonds or obligations are fully secured
as to the payment of both principal and interest by
a pledge of annual contributions under an annual
contributions contract or contracts with the United
States government, or project notes issued by any
public housing agency, urban renewal agency, or mu-
740 GENERAL ACTS AND RESOLUTIONS, VOL. I
nicipality in the United States and fully secured as
to payment of both principal and interest by a requisi-
tion, loan, or payment agreement with the United
States government;
(E) Certificates of deposit of national or state
banks located within the state which have deposits
insured by the Federal Deposit Insurance Corpora-
tion or any Georgia deposit insurance corporation and
certificates of deposit of federal savings and loan asso-
ciations and state building and loan associations lo-
cated within the state which have deposits insured
by the Federal Savings and Loan Insurance Corpora-
tion or any Georgia deposit insurance corporation,
including the certificates of deposit of any bank, sav-
ings and loan association, or building and loan associ-
ation acting as depository, custodian, or trustee for
any such bond proceeds; provided, however, that the
portion of such certificates of deposit in excess of the
amount insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insur-
ance Corporation or any Georgia deposit insurance
corporation, if any such excess exists, shall be secured
by deposit with the Federal Reserve Bank of Atlanta,
Georgia, or with any national or state bank located
within the state, of one or more of the following secu-
rities in an aggregate principal amount equal at least
to the amount of such excess:
(i) Direct and general obligations of the state
or of any County or municipality in the state;
(ii) Obligations of the United States or sub-
sidiary corporations included in subparagraph (B)
of this paragraph;
(iii) Obligations of agencies of the United
States government included in subparagraph (C)
of this paragraph; or
(iv) Bonds, obligations, or project notes of
public housing agencies, urban renewal agencies,
or municipalities included in subparagraph (D)
of this paragraph;
GEORGIA LAWS 1986 SESSION
741
(F) Interest-bearing time deposits, repurchase
agreements, reverse repurchase agreements, rate
guarantee agreements, or other similar banking ar-
rangements with a bank or trust company having
capital and surplus aggregating at least $50 million
or with any government bond dealer reporting to,
trading with, and recognized as a primary dealer by
the Federal Reserve Bank of New York having capital
aggregating at least $50 million or with any corpora-
tion which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant
to the requirements of the federal Bank Holding Com-
pany Act of 1956, provided that each such interest-
bearing time deposit, repurchase agreement, reverse
repurchase agreement, rate guarantee agreement, or
other similar banking arrangement shall permit the
moneys so placed to be available for use at the time
provided with respect to the investment or reinvest-
ment of such moneys and provided, further, that all
moneys in each such interest-bearing time deposit,
repurchase agreement, reverse repurchase agree-
ment, rate guarantee agreement, or other similar
banking arrangement shall be continuously and fully
secured by obligations described in subparagraph (A),
(B), (C), or (D) of this paragraph, equal at all times
to the amount of the interest-bearing time deposit,
repurchase agreement, reverse repurchase agree-
ment, rate guarantee agreement, or other similar
banking arrangements;
(9) To acquire or contract to acquire from any per-
son, firm, corporation, local government, federal or state
agency, or corporation by grant, purchase, or otherwise,
leaseholds, real or personal property, or any interest
therein; and to sell, assign, exchange, transfer, convey,
lease, mortgage, or otherwise dispose of or encumber the
same; and local government is authorized to grant, sell,
or otherwise alienate leaseholds, real and personal prop-
erty, or any interest therein to the authority;
(10) To invest any moneys held in debt service funds
or sinking funds not restricted as to investment by the
Constitution or laws of this state or the federal govern-
742 GENERAL ACTS AND RESOLUTIONS, VOL. I
ment or by contract not required for immediate use or
disbursement in obligations of the types specified in para-
graph (8) of this subsection, provided that, for the pur-
poses of this paragraph, the amounts and maturities of
such obligations shall be based upon and correlated to
the debt service, which debt service shall be the principal
installments and interest payments, schedule for which
such moneys are to be applied;
(11) To apply for and to accept any gifts or grants
or loan guarantees or loans of funds or property or finan-
cial or other aid in any form from the federal government
or any agency or instrumentality thereof, or from the
state or any agency or instrumentality thereof, or from
any other source for all of the purposes specified in this
chapter and to comply, subject to the provisions of this
chapter, with the terms and conditions thereof;
(12) To use income earned on any investment for such
corporate purposes of the authority as the authority in
its discretion shall determine;
(13) To adopt bylaws governing the conduct of busi-
ness by the authority, the election of officers of the au-
thority other than the chairman, the duties of officers
of the authority, and other matters which the authority
determines to deal with in its bylaws;
(14) To exercise any power granted by the laws of
this state to public or private corporations which is not
in conflict with the public purpose of the authority;
(15) To do all things necessary or convenient to carry
out the powers conferred by this chapter; and
(16) To designate three or more of its number to con-
stitute an executive committee who, to the extent pro-
vided in such resolution or in the bylaws of the authority,
shall have and may exercise the powers of the authority
in the management of the affairs and property of the
authority and the exercise of its power.
(c) The authority shall not have the power of eminent
domain.
GEORGIA LAWS 1986 SESSION
743
50-10-6. It is found, determined, and declared that the
creation of this authority and the carrying out of its corpo-
rate purposes is in all respects for the benefit of the people
of the state and that the authority is an institution of purely
public charity and will be performing an essential govern-
mental function in the exercise of the power conferred upon
it by this chapter. For such reasons the state covenants with
the holders from time to time of the bonds, notes, and other
obligations issued under this chapter that the authority shall
not be required to pay any taxes or assessments imposed
by the state or any of its counties, municipal corporations,
political subdivisions, or taxing districts upon any property
acquired by the authority or under its jurisdiction, control,
possession, or supervision or leased by it to others, or upon
its activities in the operation or maintenance of any such
property or on any income derived by the authority in the
form of fees, recording fees, rentals, charges, purchase price,
installments, or otherwise, and that the bonds, notes, and
other obligations of the authority, their transfer, and the
income therefrom shall at all times be exempt from taxation
within the state. The tax exemption provided in this chapter
shall not include any exemption from sales and use tax on
property purchased by the authority or for use by the author-
ity.
50-10-7. Long-term notes secured by real estate and held
by the authority or its assignees shall be exempt from the
intangible recording tax imposed by Article 3 of Chapter 6
of Title 48.
50-10-8. 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 estab-
lished by Article VII, Section IV, Paragraph VII of the Con-
stitution of the State of Georgia of 1983 or its successor.
50-10-9. The authority shall have all rights afforded the
state by virtue of the Constitution of the United States, and
nothing in this chapter shall be construed to remove any
such rights.
50-10-10. This chapter, being for the welfare of this
state and its inhabitants, shall be liberally construed to effect
the purposes specified in this chapter.
744
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 2, 1986.
HEALTH HEALTH PLANNING REVIEW BOARD;
PRACTICES AND PROCEDURES; APPEALS; HOSPITALS
OWNED BY HOSPITAL AUTHORITIES OR POLITICAL
SUBDIVISIONS; USE OF PROCEEDS FROM SALE.
Code Section 31-6-44 Amended.
Code Section 31-7-75.1 Enacted.
No. 1460 (Senate Bill No. 56).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated,
relating to health, so as to change certain administrative and
judicial procedures regarding decisions and appeal hearings of
the Health Planning Review Board; to provide that certain pro-
ceeds received from the sale of certain hospitals will be used
in funding the provision of hospital care for certain indigent
persons; to provide for procedures and conditions relating
thereto; to provide exceptions; 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 L Title 31 of the Official Code of Georgia Anno-
tated, relating to health, is amended by striking in their entirety
GEORGIA LAWS 1986 SESSION
745
subsections (g), (h), and (i) of Code Section 31-6-44, relating to
the Health Planning Review Board and administrative and judi-
cial review of planning agency decisions, and inserting in their
place new subsections (g), (h), and (i) to read as follows:
"(g) The decision of the panel shall be the final agency
decision for purposes of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.
(h) In the event that the review board, its chairman,
or a panel of the review board requires legal counsel, the
chairman shall make a request for such advice to the Attor-
ney General.
(i) Any party to the appeal hearing, excluding the plan-
ning agency, may seek judicial review of the panels decision
in accordance with the method set forth in Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act; pro-
vided, however, that in conducting such review, the court
may reverse or modify the decision only if substantial rights
of the appellant have been prejudiced because the procedures
followed by the planning agency, or the review board, or
the administrative findings, inferences, conclusions, and de-
cision of the review board are:
(1) In violation of constitutional or statutory provi-
sions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which
shall mean that the record does not contain such relevant
evidence as a reasonable mind might accept as adequate
to support such findings, inferences, conclusions, or deci-
sions, which such evidentiary standard shall be in excess
of the 'any evidence standard contained in other statu-
tory provisions; or
(6) Arbitrary or capricious or characterized by abuse
of discretion or clearly unwarranted exercise of discre-
tion.
746
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said title is further amended by inserting imme-
diately following Code Section 31-7-75 a new Code section, to
be designated Code Section 31-7-75.1, to read as follows:
"31-7-75.1. (a) The proceeds from any sale or lease of
a hospital owned by a hospital authority or political subdivi-
sion of this state, which proceeds shall not include funds
required to pay off the bonded indebtedness of the sold hospi-
tal or any expense of the authority or political subdivision
attributable to the sale or lease, shall be held by the author-
ity or political subdivision in an irrevocable trust fund. Such
proceeds in that fund may be invested in the same way that
public moneys may be invested generally pursuant to gen-
eral law, but money in that trust fund shall be used exclu-
sively for funding the provision of hospital care for the indi-
gent residents of the political subdivision which owned the
hospital or by which the authority was activated or for which
the authority was created. If the funds available for a politi-
cal subdivision in that irrevocable trust fund are less than
$100,000.00, the principal amount may be used to fund the
provision of indigent hospital care; otherwise, only the in-
come from that fund may be used for that care. Such funding
or reimbursement for indigent care shall not exceed the diag-
nosis-related group rate for that hospital in each individual
case.
(b) In the event a hospital authority which sold or leased
a hospital was activated by or created for more than one
political subdivision or in the event a hospital having as
owner more than one political subdivision is sold or leased
by those political subdivisions, each such constituent politi-
cal subdivisions portion of the irrevocable trust fund for
indigent hospital care shall be determined by multiplying
the amount of that fund by a figure having a numerator
which is the population of that political subdivision and a
denominator which is the combined population of all the
political subdivisions which owned the hospital or by which
or for which the authority was activated or created.
(c) For purposes of hospital care for the indigent under
this Code section, the standard of indigency shall be that
determined under Code Section 31-8-43, relating to standards
of indigency for emergency care of pregnant women, based
upon 125 percent of the federal poverty level.
GEORGIA LAWS 1986 SESSION
747
(d) This Code section shall not apply to a reorganization
or restructuring and shall not apply to any sale of a hospital,
or the proceeds from that sale, made prior to the date this
Code section becomes effective.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 2, 1986.
AD VALOREM TAX APPROVAL OF TAX DIGEST;
PROPERTY ON APPEAL; TAX ASSESSORS;
CONFIDENTIALITY OF MATERIALS; PENALTIES.
Code Section 48-5-304 Amended.
Code Section 48-5-314 Enacted.
No. 1461 (House Bill No. 80).
AN ACT
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to tax assess-
ment and county boards of tax assessors, so as to change the
amount of property which may be on appeal at the time of
tax digest approval; to provide that materials obtained from
or furnished by ad valorem taxpayers shall be confidential and
shall not be disclosed by boards of tax assessors; to provide that
such materials may be disclosed as necessary in tax collection
proceedings; to provide a civil penalty for unlawful disclosure;
to provide for all related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
748
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to tax assess-
ment and county boards of tax assessors, is amended by striking
subsection (a) of Code Section 48-5-304, relating to the approval
of county tax digests by the commissioner when appeals are
pending, and inserting in lieu thereof a new subsection (a) to
read as follows:
"(a) The commissioner shall not be required to disap-
prove or withhold approval of the digest of any county solely
because appeals have been filed or arbitrations demanded
on the assessment of any property or number of properties
in the county. In such cases, the assessment or assessments
fixed by the board of tax assessors shall be listed together
with the return value on the assessments and forwarded
in a separate listing to the commissioner at the time the
digest is filed for examination and approval. The commis-
sioner shall not approve any digest when the assessed value
that is in dispute for any property or properties on appeal
or in arbitration exceeds 3 percent of the total assessed value
of the total taxable tangible digest of the county for the
same year. In any year when a complete reevaluation or
reappraisal program is implemented, 5 percent of the prop-
erty, by assessed value in dispute, or number of properties
may be in arbitration or on appeal.
Section 2. Said part is further amended by adding a new
Code Section 48-5-314 to read as follows:
"48-5-314. (a) All records of the county board of tax
assessors which consist of materials other than the return
obtained from or furnished by an ad valorem taxpayer shall
be confidential and shall not be subject to inspection by any
person other than authorized personnel of appropriate tax
administrators. As an illustration of the foregoing, materials
which are confidential shall include, but shall not be limited
to, taxpayers accounting records, profit and loss statements,
income and expense statements, balance sheets, and depreci-
ation schedules. Such information shall remain confidential
GEORGIA LAWS 1986 SESSION
749
when it is made part of an appeal file. Nothing in this Code
section, however, shall prevent any disclosure necessary or
proper to the collection of any tax in any administrative
or court proceeding.
(b) Any person who knowingly and willfully furnishes
information which is confidential under this Code section
to a person who is not authorized by law to receive such
information shall upon conviction be subject to a civil pen-
alty not to exceed $1,000.00.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval, except that no prosecution shall be made pursuant
to this Act for any act committed before July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
INCOME TAX DEPENDENT CARE ASSISTANCE PAID BY
AN EMPLOYER.
Code Section 48-7-27 Amended.
No. 1462 (House Bill No. 216).
AN ACT
To amend Code Section 48-7-27 of the Official Code of Georgia
Annotated, relating to Georgia taxable net income of individuals
for Georgia income tax purposes, so as to provide that Georgia
taxable net income of an individual employee shall not include
amounts paid or incurred by the individuals employer for de-
pendent care assistance provided to the individual if such
750
GENERAL ACTS AND RESOLUTIONS, VOL. I
amounts are excluded from gross income for federal income
tax purposes under current federal income tax law; 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 I. Code Section 48-7-27 of the Official Code of Geor-
gia Annotated, relating to Georgia taxable net income of individ-
uals for Georgia income tax purposes, is amended by adding a
new subsection (c) to read as follows:
"(c) Georgia taxable net income of an individual em-
ployee shall not include amounts paid or incurred by the
individuals employer for dependent care assistance provided
to the individual if such amounts are excluded from gross
income of the individual for federal income tax purposes
by Section 129 of the Internal Revenue Code of 1954. For
purposes of this subsection only, the term 'Section 129 of
the Internal Revenue Code of 1954 means that section of
the United States Internal Revenue Code of 1954 as that
section existed on January 1, 1986.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval and shall apply to tax years beginning on or after
January 1, 1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
751
PRIVATE DETECTIVES AND SECURITY AGENCIES
LICENSES; ENFORCEMENT; LIABILITY INSURANCE.
Code Sections 43-38-5, 43-38-6, and 43-38-11 Amended.
No. 1463 (House Bill No. 795).
AN ACT
To amend Chapter 38 of Title 43 of the Official Code of Geor-
gia Annotated, known as the "Georgia Private Detective and
Security Agencies Act, so as to change the provisions relating
to licensure of persons desiring to engage in the private detective
or private security business; to authorize an applicant for a
license or a licensee to provide proof of certain liability insur-
ance in lieu of posting a bond; to change the provisions relating
to grounds for denial, revocation, or sanction of licenses and
registrations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 38 of Title 43 of the Official Code of
Georgia Annotated, known as the "Georgia Private Detective
and Security Agencies Act, is amended by striking in its en-
tirety subsection (a) of Code Section 43-38-5, relating to licensure
and registration of persons practicing for one year on July 1,
1981, and inserting in lieu thereof a new subsection (a) to read
as follows:
"(a) Notwithstanding any other provision of this chap-
ter, any individual, firm, association, company, partnership,
or corporation which has engaged in the private detective
or private security business for a period of at least one year
prior to July 1, 1981, shall make a verified application in
writing to the joint-secretary for a license. The application
for a license shall be made under oath, on a form to be
furnished by the joint-secretary. The application shall state
the applicants full name, age, date and place of birth; resi-
dences and employment within the past five years, with the
names and addresses of employers; present occupation; the
date and place of conviction or arrest for any crime, includ-
752
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing the entry of a plea of nolo contendere or a plea entered
pursuant to Article 3 of Chapter 8 of Title 42 or other first
offender treatment; and such additional information as the
board may require. Each applicant shall submit with the
application two complete sets of fingerprints on forms speci-
fied and furnished by the board and one photograph, two
inches wide by three inches high, taken within six months
prior to the application, unless such fingerprints and photo-
graphs were filed by June 30,1980, pursuant to the 'Georgia
Private Detective and Private Security Agencies Act, Ga.
L. 1973, p. 40. If the applicant is a corporation, the above
information shall be provided by the president or secretary
of such corporation. If the applicant is a partnership, the
above information shall be provided by each of the partners
in such partnership. An applicant for licensure under this
subsection shall submit satisfactory evidence to the board
that such applicant has been actually engaged in the private
detective or private security business for a period of at least
one year prior to July 1,1981. Applicants desiring to receive
a license under this subsection must submit the application,
information, and evidence required by this subsection within
60 days from July p 1981. Upon receiving the application,
proof of bond or liability insurance policy, or the financial
statement as provided in Code Section 43-38-6, and the li-
cense fee as provided by the board within the time period
stated in this subsection, the board may grant a license to
such person to conduct a private detective business or private
security business as stated in such application. Immediately
upon receipt of the license certificate issued by the board
pursuant to this chapter, the licensee shall post and at all
times display such license in a conspicuous location at his
place of business. A copy of the duplicate of the license certifi-
cate shall be conspicuously placed at each branch office.
Section 2. Said chapter is further amended by striking
in its entirety subsection (d) of Code Section 43-38-6, relating
to licenses which authorize persons to engage in the private
detective or private security business, and inserting in lieu
thereof a new subsection (d) to read as follows:
. "(d) (1) In addition to the requirements enumerated
in this Code section, each applicant for a license under
this chapter shall provide satisfactory evidence to the
board that the prospective licensee has posted or has
GEORGIA LAWS 1986 SESSION
753
made provision for the posting of a bond. The required
bond shall be executed in favor of the state, in the amount
of $25,000.00, with a surety company authorized to do
business in this state and conditioned to pay damages
not to exceed the amount of such bond to any person
aggrieved by any act of the principal named in such bond,
which act is in violation of this chapter and would be
grounds for denial, suspension, or revocation of a license
under Code Section 43-38-11. Immediately upon the
granting of a license, such bond shall be filed with the
joint-secretary by the licensee and shall be approved by
the joint-secretary as to form and as to the solvency of
the surety. The prospective licensee may file the required
bond with the joint-secretary prior to the granting of a
license for the joint-secretarys approval as provided in
this Code section. In lieu of the required bond, a prospec-
tive licensee may submit to the board evidence of a policy
of liability insurance in an amount of not less than
$1,000,000.00 insuring such prospective licensee against
personal liability for damages arising out of acts of the
insured or his employees. No licensee shall cancel or
cause to be canceled a bond or liability 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. In lieu of the
required bond or liability insurance policy, the prospec-
tive 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 or
liability insurance policy required by this subsection. The
board, in its discretion, may require licensees under this
Code section to submit periodic financial updates to en-
sure continued financial responsibility. If the surety or
licensee fails to submit, within ten days of the effective
date of cancellation, a new bond or liability insurance
policy or a net worth statement as outlined in this subsec-
tion, the board shall have the authority to revoke any
license issued under this chapter.
(2) Licensees who have previously posted bonds or
submitted net worth affidavits to comply with the provi-
sions of this subsection may hereafter prove continued
754
GENERAL ACTS AND RESOLUTIONS, VOL. I
financial responsibility through the use of liability insur-
ance policies in accordance with paragraph (1) of this
subsection. j
Section 3. Said chapter is further amended by striking
in its entirety paragraph (13) of subsection (a) of Code Section
43-38-11, relating to grounds for denial, revocation, or sanction
of licenses and registrations, and inserting in lieu thereof a
new paragraph (13) to read as follows:
"(13) Failed to renew a canceled bond or liability insur-
ance policy in accordance with subsection (d) of Code Section
43-38-6 or failed to supply the financial affidavit required
in lieu thereof;.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
PROPERTY INSTRUMENTS EVIDENCING A DEBT;
SATISFACTIONS OR CANCELLATIONS; RECORDING;
COSTS; DEEDS TO SECURE DEBT; LIABILITY AND DUTIES
OF CLERKS OF SUPERIOR COURTS; FORMS.
Code Sections 44-14-3 and 44-14-67 Amended.
No. 1464 (House Bill No. 840).
AN ACT
To amend Chapter 14 of Title 44 of the Official Code of Geor-
gia Annotated, relating to mortgages, conveyances to secure
debt, and liens, so as to provide that grantees of certain instru-
ments evidencing a debt shall furnish to the clerk of superior
court for recording the satisfaction or cancellation of such in-
struments; to provide that such cancellation shall be given to
GEORGIA LAWS 1986 SESSION
755
grantors or attorneys for grantors; to provide for costs; to provide
for the method of cancellation of deeds to secure debt which
apply to real property; to provide that such cancellation shall,
in order to authorize the clerk of superior court to show the
original instrument as canceled of record, be made by a cancella-
tion on the face of the original deed to secure debt, by a convey-
ance from the record holder of the deed to secure debt, or by
execution of another document when the original deed is lost,
stolen, or otherwise mislaid; to provide that no clerk of superior
court shall incur any liability to any person for canceling of
record any security deed authorized to be canceled as provided
above; to provide for a form; 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 14 of Title 44 of the Official Code of
Georgia Annotated, relating to mortgages, conveyances to se-
cure debt, and liens, is amended by striking in its entirety sub-
section (b) of Code Section 44-14-3, relating to furnishing of can-
cellations by a grantee upon payment, and inserting in its place
a new subsection Ob) to read as follows:
"(b) (1) Whenever the indebtedness secured by any in-
strument is paid in full, the grantee of the instrument,
within 45 days of the date of the full payment, shall
cause to be furnished to the clerk of the superior court
of the county or counties in which the instrument is
recorded a legally sufficient satisfaction or cancellation
to authorize and direct the clerk or clerks to cancel the
instrument of record. The grantee shall further direct
the clerk of the court to transmit to the grantor the
original cancellation or satisfaction document at the
grantors last known address as shown on the records
of the grantee. In the case of a revolving loan account,
the debt shall be considered to be 'paid in full only when
the entire indebtedness including accrued finance
charges has been paid and the lender or debtor has noti-
fied the other party to the agreement in writing that
he wishes to terminate the agreement pursuant to its
terms.
(2) Notwithstanding paragraph (1) of this subsec-
tion, if an attorney at law remits the pay-off balance of
756
GENERAL ACTS AND RESOLUTIONS, VOL. I
an instrument to a grantee on behalf of a grantor, the
grantee shall direct the clerk of the court to transmit
to such attorney the original cancellation or satisfaction
document.
(3) A grantee shall be authorized to add to the pay-
off amount the costs of recording a cancellation or satis-
faction of an instrument.
Section 2. Said chapter is further amended by striking
in its entirety Code Section 44-14-67, relating to cancellation
of conveyances to secure debts, and inserting in its place a new
Code Section 44-14-67 to read as follows:
44-14-67. (a) In all cases where property is conveyed
to secure a debt, the surrender and cancellation of the deed,
in the same manner as mortgages are canceled, on payment
of the debt to any person legally authorized to receive the
same, shall operate to reconvey the title of the property to
the grantor or his heirs, executors, administrators, or as-
signs.
(b) In the case of a deed to secure debt which applies
to real property, in order to authorize the clerk of superior
court to show the original instrument as canceled of record,
there shall be presented for recording:
(1) A cancellation upon the original security deed
itself; or
(2) A conveyance from the record holder of the secu-
rity deed, which conveyance is in the form of a quitclaim
deed or other form of deed suitable for recording and
which refers to the original security deed; or
(3) A cancellation as provided in subsection (c) of
this Code section.
Any clerk of superior court who cancels of record any deed
to secure debt in the manner authorized in this subsection
shall be immune from any civil liability, either in his official
capacity or personally, for so canceling of record such secu-
rity deed.
GEORGIA LAWS 1986 SESSION
757
(c) Cancellation of a security deed, the original of which
has been lost, stolen, or otherwise mislaid, may be made
based upon a document executed by the record holder of
the security deed and meeting the requisites for recordation,
which document shall be in substantially the following form:
_____________________County, Georgia
The indebtedness referred to in that certain deed to
secure debt from____________________to_______________,
dated ______________, and of record in Deed Book
_____________, Page__________, in the office of the clerk
of the Superior Court of____________________ County,
Georgia, having been paid in full and the undersigned
being the present record holder and owner of such deed,
the clerk of such superior court is authorized and directed
to cancel that deed of record.
In witness whereof, the undersigned has set his hand
and seal, this ' day of_______________, 19
_ (SEAL)
Signature
Signed, sealed, and delivered
on the date above shown
Unofficial Witness
Notary Public
(SEAL)
My commission expires: _____________;______________
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
758
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOCAL GOVERNMENT AUDITS ACCEPTANCE OF
AUDITS WHICH MEET THE REQUIREMENTS OF THE
FEDERAL SINGLE AUDIT ACT OF 1984.
Code Section 36-81-20 Enacted.
No. 1465 (House Bill No. 858).
AN ACT
To amend Chapter 81 of Title 36 of the Official Code of Geor-
gia Annotated, relating to local budgets and audits, so as to
require state agencies and departments to accept audits which
meet the requirements of the federal Single Audit Act of 1984
if an audit is required as a condition for receiving a grant of
state money or services and if such federal audit includes certain
information and meets certain requirements; to provide excep-
tions; to provide for additional audits and requirements; to pro-
vide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 81 of Title 36 of the Official Code of
Georgia Annotated, relating to local budgets and audits, is
amended by designating Code Section 36-81-1 through Code Sec-
tion 36-81-10 as Article 1 and by adding immediately following
newly designated Article 1 a new Article 2 to read as follows:
"ARTICLE 2
36-81-20. (a) Whenever a state agency or a state de-
partment requires a unit of local government to perform
an audit or whenever a state agency or a state department
would perform an audit of a unit of local government as a
condition for such unit of local government having received
a grant of state money or services, the state agency or state
department shall, except as provided in subsections (b) and
(c) of this Code section, accept any audit which meets the
requirements of the federal Single Audit Act of 1984 if such
audit includes those moneys or services granted by the state
GEORGIA LAWS 1986 SESSION
759
and includes the reporting requirements of any applicable
state law or of any state agency.
(b) Notwithstanding subsection (a) of this Code section,
a state agency shall be authorized to conduct any additional
audits necessary to carry out its duties and responsibilities
as set forth in state law or regulation, and nothing in this
Code section shall authorize any local government or unit
or agency thereof to constrain in any manner any such state
agency from performing any such additional audit.
(c) This Code section shall not limit the authority of
state agencies to conduct audits and evaluations of state
financial assistance programs or to enter into contracts for
the conduct of such audits and evaluations and shall not
limit the authority of the state auditor or any state audit
official.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
EDUCATION STUDENT LOANS AND FINANCIAL
ASSISTANCE; SELECTIVE SERVICE SYSTEM
REGISTRATION REQUIRED BY APPLICANTS.
Code Sections 20-3-266 and 20-3-316 Amended.
No. 1466 (House Bill No. 969).
AN ACT
To amend Article 7 of Chapter 3 of Title 20 of the Official
Code of Georgia Annotated, relating to scholarships, loans, and
grants, so as to provide that each applicant who is required
but has not registered with the Selective Service System of the
760
GENERAL ACTS AND RESOLUTIONS, VOL. I
United States shall be ineligible to receive financial assistance
under Parts 2 and 3 of said article; to provide that each applicant
shall, under penalty of perjury, certify compliance or noncompli-
ance with the provisions of the registration requirements of
the Military Selective Service Act of the United States and pro-
vide such other information as the corporation and authority
may reasonably require; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 7 of Chapter 3 of Title 20 of the Official
Code of Georgia Annotated, relating to scholarships, loans, and
grants, is amended by redesignating paragraphs (2) and (3) of
Code Section 20-3-266, relating to powers and duties of the Geor-
gia Higher Education Assistance Corporation and conflicts with
federal or other state law, as paragraphs (3) and (4), respectively,
and by adding a new paragraph (2) to read as follows:
"(2) Each applicant who, as of the date of application
for financial assistance under this part, is required but has
not registered with the Selective Service System of the
United States pursuant to 50 U.S.C. Section 453, as amended,
shall be ineligible to receive financial assistance under this
part. Each applicant shall, under penalty of perjury, certify
compliance or noncompliance with the registration require-
ments of the Military Selective Service Act of the United
States and provide such other information as the corporation
may reasonably require;
Section 2. Said article is further amended by redesignating
paragraphs (2) and (3) of Code Section 20-3-316, relating to pow-
ers and duties of the Georgia Student Finance Authority and
conflicts with federal or other state law, as paragraphs (3) and
(4), respectively, and by adding a new paragraph (2) to read
as follows:
"(2) Each applicant who, as of the date of application
for financial assistance under this part, is required but has
not registered with the Selective Service System of the
United States pursuant to 50 U.S.C. Section 453, as amended,
shall be ineligible to receive financial assistance under this
GEORGIA LAWS 1986 SESSION
761
part. Each applicant shall, under penalty of perjury, certify
compliance or noncompliance with the registration require-
ments of the Military Selective Service Act of the United
States and provide such other information as the authority
may reasonably require;
Section 3. This Act shall become effective on July 1, 1987.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
HAZARDOUS WASTE MANAGEMENT DEFINITIONS;
CLAIMS; LIMITATION OF LIABILITY.
Code Sections 12-8-62 and 12-8-68 Amended.
No. 1467 (House Bill No. 1144).
AN ACT
To amend Article 3 of Chapter 8 of Title 12 of the Official
Code of Georgia Annotated, relating to hazardous waste disposal
and treatment, so as to change the definitions of "hazardous
constituent, "hazardous waste, and "solid waste; to change
the definition of "guarantor; to provide that claims may be
pursued directly against the guarantor where jurisdiction can-
not be obtained over an owner or operator; to provide a limita-
tion of liability for the guarantor not to exceed the amount
provided as evidence of financial responsibility; 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, relating to hazardous waste disposal
762
GENERAL ACTS AND RESOLUTIONS, VOL. I
and treatment, is amended by striking in their entirety para-
graphs (6.1), (7), and (13) of Code Section 12-8-62, relating to
definitions, and inserting, respectively, in lieu thereof new para-
graphs (6.1), (7), and (13) to read 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 1,1986, codified as Appendix
VIII to 40 C.F.R. Part 261 - Identification and Listing of
Hazardous Waste.
(7) 'Hazardous waste means any solid waste which has
been defined as a hazardous waste in regulations promul-
gated by the administrator of the United States Environmen-
tal Protection Agency pursuant to the federal act which are
in force and effect on February 1, 1986, codified as 40 C.F.R.
Part 261 - Identification and Listing of Hazardous Waste.
(13) 'Solid waste means solid waste as defined by regula-
tions promulgated by the administrator of the United States
Environmental Protection Agency pursuant to the federal
act which are in force and effect on February 1,1986, codified
as 40 C.F.R. Part 261 - Identification and Listing of Hazard-
ous Waste.
Section 2. Said article is further amended by redesignating
paragraph (6) of Code Section 12-8-62, relating to definitions,
as paragraph (5.1) and adding a new paragraph (6) to read as
follows:
"(6) 'Guarantor means any person, other than the
owner or operator, who provides evidence of financial respon-
sibility for an owner or operator pursuant to this article.
Section 3. Said article is further amended by adding at
the end of Code Section 12-8-68, relating to the requirement
of financial responsibility for persons operating or maintaining
hazardous waste storage or treatment facilities, new subsections
(g) and (h) to read as follows:
"(g) In any case where the owner or operator is in bank-
ruptcy, reorganization, or arrangement pursuant to the fed-
GEORGIA LAWS 1986 SESSION
763
eral Bankruptcy Code or where, with reasonable diligence,
jurisdiction in any state court or any federal court cannot
be obtained over an owner or operator likely to be solvent
at the time of judgment, any claim arising from conduct
for which evidence of financial responsibility must be pro-
vided under this Code section may be asserted directly
against the guarantor providing such evidence of financial
responsibility. In the case of any action pursuant to this
subsection, such guarantor shall be entitled to invoke all
rights and defenses which would have been available to the
owner or operator if any action had been brought against
the owner or operator by the claimant and which will have
been available to the guarantor if an action had been brought
against the guarantor by the owner or operator.
(h) The total liability of any guarantor shall be limited
to the aggregate amount which the guarantor has provided
as evidence of financial responsibility to the owner or opera-
tor under this article. Nothing in this subsection shall be
construed to limit any other state or federal statutory con-
tractual or common law liability of a guarantor to its owner
or operator including, but not limited to, the liability of such
guarantor for bad faith either in negotiating or in failing
to negotiate the settlement of any claim. Nothing in this
subsection shall be construed to diminish the liability of
any person under Section 107 or 111 of the federal Compre-
hensive Environmental Response, Compensation and Liabil-
ity Act of 1980 or other applicable law.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
764
GENERAL ACTS AND RESOLUTIONS, VOL. I
COUNTIES CIVIL SERVICE SYSTEMS FOR COUNTY
EMPLOYEES AND EMPLOYEES OF ELECTED
COUNTY OFFICERS.
Code Section 36-1-21 Enacted.
No. 1468 (House Bill No. 1193).
AN ACT
To amend Chapter 1 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions applicable to counties
and county governments, so as to authorize the governing au-
thority of any county to provide by ordinance or resolution for
the creation of a civil service system for employees of the county;
to provide procedures whereby employees of elected county offi-
cers and certain other employees may be covered under the
civil service system; to provide that the power granted to coun-
ties by this Act is in addition to and not in lieu of certain previ-
ously existing authority granted to certain counties; 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 36 of the Official Code of
Georgia Annotated, relating to general provisions applicable
to counties and county governments, is amended by adding at
the end thereof a new Code Section 36-1-21 to read as follows:
"36-1-21. (a) The governing authority of any county
is authorized to provide by ordinance or resolution for the
creation of a civil service system for employees of the county,
other than elected officials or persons appointed to positions
for specified terms.
(b) Subsequent to the creation of a civil service system,
the county governing authority which created the system
GEORGIA LAWS 1986 SESSION
765
may provide by ordinance or resolution that positions of
employment within departments subject to the jurisdiction
of elected county officers or subject to the jurisdiction of
other commissions, boards, or bodies of the county shall be
subject to and covered by the civil service system upon the
written application of the elected county officer, commission,
board, or body having the power of appointment, employ-
ment, or removal of employees of the officer, department,
commission, board, or body. Once positions of employment
are made subject to the civil service system, such positions
shall not be removed thereafter from the coverage of the
civil service system.
(c) A civil service system created pursuant to the au-
thority of this Code section shall be administered in such
manner and pursuant to such rules and regulations as may
be provided for by resolution or ordinance of the county
governing authority which created the system.
(d) The authority granted to counties by this Code sec-
tion is in addition to and not in lieu of authority to provide
civil service or merit systems granted to certain counties
by constitutional amendments and laws enacted pursuant
to the authority of such constitutional amendments. As used
in this subsection, the term 'constitutional amendments
means those constitutional amendments which will stand
repealed on July 1,1987, unless continued in force and effect
as described in Article XI, Section I, Paragraph IV of the
Constitution of Georgia.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
766
GENERAL ACTS AND RESOLUTIONS, VOL. I
BARBERS STATE BOARD OF BARBERS; WORK PERMITS;
COSMETOLOGISTS; LICENSES; TERMINATION.
Code Title 43, Chapter 7 Amended.
No. 1469 (House Bill No. 1219).
AN ACT
To amend Chapter 7 of Title 43 of the Official Code of Georgia
Annotated, relating to barbers, so as to delete certain provisions
regarding initial terms of the State Board of Barbers and provide
for subsequent terms; to provide for work permits; to provide
conditions under which certain cosmetologists are eligible to
take certain barbering examinations; to change certain barber-
shop licensing requirements; to change certain provisions re-
garding licensure to teach barbering and to practice barbering
as an apprentice; to delete provisions regarding temporary li-
censes; to provide for the continuation of the State Board of
Barbers but to provide for the later termination of that board
and the repeal of the laws relating thereto; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 7 of Title 43 of the Official Code of
Georgia Annotated, relating to barbers, is amended by striking
subsection (a) of Code Section 43-7-4, creating the State Board
of Barbers, and inserting in its place a new subsection (a) to
read as follows:
"(a) There is created a State Board of Barbers. The
board shall consist of six members, each of whom shall be
appointed by the Governor, approved by the Secretary of
State, and confirmed by the Senate. Five of the members
shall be barbers. The sixth member shall be appointed from
the public at large and shall have no connection whatsoever
with the profession of barbering. All terms shall be for three
years. Upon the expiration of the term of office, a member
shall continue to serve until a successor is appointed and
qualified.
GEORGIA LAWS 1986 SESSION
767
Section 2. Said chapter is further amended by striking
subsection (b) of Code Section 43-7-11, relating to barbering licen-
sure requirements, and inserting in its place a new subsection
(b) to read as follows:
"(b) An approved applicant for examination under this
Code section may be issued a work permit authorizing said
applicant to practice such occupation until the results of
the examination for which the applicant is scheduled are
released. If the applicant fails to appear for the examination,
the work permit shall be revoked unless the applicant pro-
vides just cause to the board why he was unable to appear
for the examination.
Section 3. Said chapter is further amended by adding fol-
lowing Code Section 43-7-11.1, a new Code section to read as
follows:
"43-7-11.2. A person licensed as a master cosmetologist
under Chapter 10 of this title shall be eligible to take the
examination provided for in Code Section 43-7-11 if that per-
son completes a board approved 300 hour prescribed course
in a barbering school, submits a complete application, and
pays the proper fees established by the board.
Section 4. Said chapter is further amended by striking
paragraph (2) of Code Section 43-7-12, relating to barbershop
licensing requirements, and inserting in its place a new para-
graph (2) to read as follows:
"(2) Does not train more than one apprentice at any
one time which apprentice shall be under the supervision
of a master barber; and.
Section 5. Said chapter is further amended by striking
paragraph (2) of Code Section 43-7-13, relating to requirements
for licensure to teach barbering and inserting in its place a
new paragraph (2) to read as follows:
"(2) Reserved;.
Section 6. Said chapter is further amended by striking
Code Section 43-7-16, relating to requirements for license to
768 GENERAL ACTS AND RESOLUTIONS, VOL. I
practice barbering as an apprentice, and inserting in its place
a new Code section to read as follows:
"43-7-16. (a) A license to practice barbering as an ap-
prentice shall be issued to any person who shall furnish
the board:
(1) Evidence that he will practice under the supervi-
sion of a licensed barber with at least 18 months experi-
ence in the practice of barbering; and
(2) Evidence that he has completed the fifth grade
of school instruction or its equivalent.
(b) A license to practice barbering as an apprentice shall
not be renewed more than one time.
Section 7. Said chapter is further amended by striking
Code Section 43-7-22, relating to temporary licenses, and insert-
ing in its place a new Code section to read as follows:
"43-7-22. Reserved.
Section 8. Said chapter is further amended by striking
Code Section 43-7-27, relating to the termination of the board,
and inserting in its place a new Code section to read as follows:
"43-7-27. For the purposes of Chapter 2 of this title,
'The Act Providing for the Review, Continuation, Reestab-
lishment, or Termination of Regulatory Agencies, the State
Board of Barbers shall be terminated on July 1, 1992, 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 9. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 10. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
769
INTANGIBLE PERSONAL PROPERTY TAX RESTRICTED
FOREIGN INTANGIBLES; PROPERTY HELD IN A FOREIGN
COUNTRY INCIDENT TO THE CONDUCT OF AN
INSURANCE BUSINESS IN SUCH COUNTRY.
Code Sections 48-6-20, 48-6-21, 48-6-22, and 48-6-23 Amended.
No. 1470 (House Bill No. 1273).
AN ACT
To amend Article 2 of Chapter 6 of Title 48 of the Official
Code of Georgia Annotated, relating to intangible personal prop-
erty tax, so as to provide for the definition, classification and
taxation of certain intangible personal property held in a foreign
country incident to the conduct of an insurance business within
the foreign country; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 48 of the Official
Code of Georgia Annotated, relating to intangible personal prop-
erty tax, is amended by striking Code Section 48-6-20, relating
to definitions, in its entirety and substituting in lieu thereof a
new Code Section 48-6-20, to read as follows:
"48-6-20. As used in this chapter, the term:
(1) 'Bank means any financial institution chartered
under the laws of this state or under the laws of the
United States and domiciled in this state which is autho-
rized to receive deposits in this state and which has a
corporate structure authorizing the issuance of capital
stock.
(2) 'Collateral security loan means a loan held by
any broker which represents credit extended in connec-
tion with the purchase or sale of stocks, bonds, or other
securities of a like character held as collateral security
for the loan.
770
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) 'Depository financial institution means a 'bank
and a 'savings and loan association.
(4) 'Money means specie, currency, and credits re-
sulting from the deposit of money, currency, checks, bills,
and other evidences of the credits.
(5) 'Restricted foreign intangibles means all classifi-
cations of intangible personal property acquired and held
in a foreign country incident to the conduct of the busi-
ness of insurance within the foreign country if the intan-
gible personal property is held in the foreign country
pursuant to laws or regulations of the foreign country
or administrative guidance by the government of the for-
eign country which prohibit or restrict the transfer of
said property outside of the jurisdiction of the foreign
country.
(6) 'Savings and loan association means any finan-
cial institution, other than a credit union, chartered un-
der the laws of this state or under the laws of the United
States and domiciled in this state which is authorized
to receive deposits in this state and which has a mutual
corporate form.
Section 2. Said article is further amended by striking Code
Section 48-6-21, relating to classification of intangible personal
property, in its entirety and substituting in lieu thereof a new
Code section to read as follows:
"48-6-21. Intangible personal property, for the purposes
of ad valorem taxation, is classified as follows:
(1) Money;
(2) Collateral security loans;
(3) Stocks;
(4) Accounts receivable and notes not representing
credits secured by real estate;
(5) Bonds and debentures of all corporations;
GEORGIA LAWS 1986 SESSION
771
(6) Long-term notes secured by real estate;
(7) Short-term notes secured by real estate;
(8) Restricted foreign intangibles; or
(9) Patents, copyrights, franchises, and all other
classes and kinds of intangible personal property not oth-
erwise enumerated.
Section 3. Said article is further amended by striking para-
graph (4) of Code Section 48-6-22, relating to exemptions, and
inserting in its place a new paragraph to describe an exemption
from taxation and to read as follows:
"(4) Intangible personal property owned by a person
domiciled in this state which has acquired a taxable situs
and is subjected to tax in another state incident to the con-
duct of business located in the other state, except that this
paragraph shall not apply to restricted foreign intangibles;.
Section 4. Said article is further amended by striking para-
graph (1) of subsection (a) of Code Section 48-6-23, relating to
rates of taxation, and inserting in its place a new paragraph
to read as follows:
"(1) Ten cents upon each $1,000.00 of the fair market
value of all personal property classified for taxation as intan-
gible personal property in Code Section 48-6-21, including
all restricted foreign intangibles. The tax is not levied by
this paragraph on intangible personal property classified as
collateral security loans, long-term notes secured by real
estate, or stocks, bonds, and debentures; except for restricted
foreign intangibles which are taxed in this paragraph and
not otherwise;.
Section 5. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
772
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS ELECTION SUPERINTENDENTS;
REGISTRARS; VOTER REGISTRATION PLACES IN
COUNTIES OF 100,000 OR MORE; STATE-WIDE
BALLOT QUESTIONS; ABSENTEE ELECTORS;
CONTESTS; CALLS; ADVERTISEMENTS.
Code Title 21, Chapters 2 and 3 Amended.
No. 1471 (House Bill No. 1338).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to change certain provisions relating
to the powers and duties of the election superintendent and
the registrars and board of registrars; to remove certain require-
ments that 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, certain additional voter registration
places be designated and staffed under certain circumstances;
to provide that unless otherwise provided by law, certain state-
wide ballot questions shall be printed in brief form as directed
by the General Assembly and, in the event of a failure to so
direct, the form shall be determined by the Secretary of State
and certain local questions shall be printed in brief form as
directed by the General Assembly and, in the event of a failure
to so direct, the form shall be determined by the superintendent;
to provide for alternative methods for answering certain ballot
questions; to provide for the form of certain questions on ballot
labels; to provide that certain qualified absentee electors may
apply not earlier than 120 days before an election for a special
write-in absentee ballot; to provide that a result of a primary
or election may be contested for any other cause which shows
that another was the person legally nominated, elected, or eligi-
ble to compete in a run-off primary or election; to provide that
the Secretary of State shall furnish to the proper superintendent
certain materials and supplies for use in all municipal elections
and primaries; to provide that notice of the opening and closing
dates for candidates to qualify shall be published in the call
for the election; to provide that additional places and hours of
operation shall be advertised in a newspaper of general circula-
tion in the municipality or in the form of a public service an-
GEORGIA LAWS 1986 SESSION
773
nouncement on radio or television one or more times at least
three days prior to the first day for registration; to provide for
alternative methods for answering certain ballot questions; 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 Anno-
tated, relating to elections, is amended by striking Code Section
21-2-45, relating to authorization of creation of certain joint
boards of elections and boards of elections and registration, and
inserting in its place a new Code Section 21-2-45 to read as
follows:
"21-2-45. (a) The General Assembly may by local Act
create a joint county-municipal board of elections in any
county of this state for that county and any municipality
located wholly or partially within that county and empower
the board with the powers and duties of the election superin-
tendent of that county and municipality with regard to the
conduct of primaries and elections.
(b) The General Assembly may by local Act create a
joint county-municipal board of elections and registration
in any county of this state for that county and any municipal-
ity located wholly or partially within that county and em-
power the board with the powers and duties of the election
superintendent of that county and municipality with regard
to the conduct of primaries and elections and empower the
board with the powers and duties of the registrars and board
of registrars of that municipality and county with regard
to the registration of voters and absentee-balloting proce-
dures.
Section 2. Said title is further amended by striking subsec-
tion (b) of Code Section 21-2-218, relating to the location of the
main office of the board of registrars and the registration of
electors, and inserting in lieu thereof a new subsection (b) to
read as follows:
"(b) For the purpose of taking applications for registra-
tion and for the purpose of registering electors, such number
774
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 desig-
nate 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. These additional offices for registra-
tion 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 regis-
tration 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 expedi-
tiously as possible. In no event shall the completed registra-
tion cards be temporarily retained beyond the end of the
next business day.
Section 3. Said title is further amended by striking subsec-
tion (f) of Code Section 21-2-285, relating to the form of official
election ballots, and inserting in lieu thereof a new subsection
(f) to read as follows:
"(f) When proposed constitutional amendments or
other questions are submitted to a vote of the electors, each
amendment or other question so submitted may be printed
upon the ballot to the right of or below the groups of candi-
dates for the various offices. Proposed constitutional amend-
ments so submitted shall be printed in brief form as directed
by the General Assembly and, in the event of a failure to
so direct, the form shall be determined by the Secretary of
State. Unless otherwise provided by law, any other state-
wide questions so submitted shall be printed in brief form
as directed by the General Assembly and, in the event of
a failure to so direct, the form shall be determined by the
Secretary of State and any local questions so submitted shall
GEORGIA LAWS 1986 SESSION
775
be printed in brief form as directed by the General Assembly
and, in the event of a failure to so direct, the form shall
be determined by the superintendent. To the left of each
question there shall be placed the words 'Yes and 'No to-
gether with appropriate squares to the left of each for the
convenient insertion of a cross (X) or check (/) mark unless
otherwise directed by the General Assembly.
Section 4. Said title is further amended by striking subsec-
tion (b) of Code Section 21-2-325, relating to the form of ballot
labels generally, and inserting in its place a new subsection
(b) to read as follows:
"(b) If the construction of the machine shall require
it, the ballot label for each candidate, group of candidates,
political party or body, or question, to be voted on shall
bear the designating letter or number of the counter on the
voting machine which will register or record votes therefor.
Each question to be voted on shall appear on the ballot labels,
in brief form, of not more than 75 words. Unless otherwise
provided by law, proposed constitutional amendments so sub-
mitted shall be in brief form as directed by the General
Assembly and, in the failure to so direct, the form shall
be determined by the Secretary of State. Unless otherwise
provided by law, any other state-wide questions so submitted
shall be printed in brief form as directed by the General
Assembly and, in the event of a failure to so direct, the
form shall be determined by the Secretary of State and any
local questions so submitted shall be printed in brief form
as directed by the General Assembly and, in the event of
a failure to so direct, the form shall be determined by the
superintendent.
Section 5. Said title is further amended by striking subsec-
tion (a) of Code Section 21-2-381.1, relating to procedures for
voting with special write-in absentee ballots by qualified absen-
tee electors, and inserting in lieu thereof a new subsection (a)
to read as follows:
"(a) Notwithstanding any other provisions of this chap-
ter, a qualified absentee elector, as defined in Code Section
21-2-380, may apply not earlier than 120 days before an
election for a special write-in absentee ballot. This ballot
776
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be for presidential electors and United States senator
or representative in Congress.
Section 6. Said title is further amended by striking para-
graph (5) of Code Section 21-2-522, relating to grounds for con-
testing a primary or election, and inserting in lieu thereof a
new paragraph (5) to read as follows:
"(5) For any other cause which shows that another was
the person legally nominated, elected, or eligible to compete
in a run-off primary or election.
Section 7. Said title is further amended by adding a new
Code section immediately following Code Section 21-3-7, to be
designated Code Section 21-3-7.1, to read as follows:
"21-3-7.1. The Secretary of State shall furnish to the
proper superintendent all blank forms, including tally and
return sheets, numbered lists of voters, cards of instructions,
notices of penalties, instructions for marking ballots, tally
sheets, precinct returns, consolidated returns, oaths of man-
agers and clerks, oaths of assisted electors, voters certificates
and binders, applications for absentee ballots, envelopes and
instruction sheets for absentee ballots, and such other sup-
plies as he shall deem necessary and advisable from time
to time, for use in all municipal elections and primaries.
Such forms shall have printed thereon appropriate instruc-
tions for their use.
Section 8. Said title is further amended by striking subsec-
tion (a) of Code Section 21-3-91, relating to filing notice of candi-
dacy, and inserting in lieu thereof a new subsection (a) to read
as follows:
"(a) Each candidate, except a candidate nominated by
nomination petition provided for in subsection (f) of this
Code section, or his designee shall file notice of his candidacy
in the office of the municipal superintendent of his munici-
pality at least 22 but not more than 52 days prior to the
election in the case of a general election and at least 15
but not more than 30 days prior to the election in the case
of a special election. The opening and closing dates shall,
within the limitations as provided in this Code section, be
GEORGIA LAWS 1986 SESSION
777
as set forth in the municipal charter or, if not so specified,
then by municipal ordinance. If a run-off primary is held,
each candidate nominated therein or his designee shall file
notice of his candidacy with the municipal superintendent
within three days after the holding of such primary, irrespec-
tive of such three-day periods exceeding a qualification dead-
line prescribed in this subsection. Notice of the opening and
closing dates for candidates to qualify shall be published
in the call for the election.
Section 9. Said title is further amended by striking subsec-
tion (d) of Code Section 21-3-123, relating to registration duties
of certain county registrars and registration of certain electors,
and inserting in lieu thereof a new subsection (d) to read as
follows:
"(d) Additional registration places and hours of opera-
tion shall be advertised in a newspaper of general circulation
in the municipality or in the form of a public service an-
nouncement on radio or television one or more times at least
three days prior to the first day for registration.
Section 10. Said title is further amended by striking sub-
section (d) of Code Section 21-3-187, relating to the form of official
municipal election ballots, and inserting in lieu thereof a new
subsection (d) to read as follows:
"(d) When proposed questions are submitted to a vote
of the electors, each question so submitted may be printed
upon the ballot to the right of or below the groups of candi-
dates for the various offices. To the left of each question
there shall be placed the words 'Yes and 'No together with
appropriate squares to the left of each for the convenient
insertion of a cross (X) or check (/) mark unless otherwise
directed by the General Assembly.
Section 11. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 12. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
778
GENERAL ACTS AND RESOLUTIONS, VOL. I
ALCOHOLIC BEVERAGES HOTELS; SALES BY IN-ROOM
SERVICE; LICENSES.
Code Sections 3-9-10 through 3-9-13 Enacted.
No. 1472 (House Bill No. 1386).
AN ACT
To amend Chapter 9 of Title 3 of the Official Code of Georgia
Annotated, relating to the sale of alcoholic beverages by passen-
ger carriers and nonprofit organizations, so as to prohibit the
sale of alcoholic beverages by in-room service by a hotel unless
such hotel has obtained a license; to authorize the commissioner
of the Department of Revenue to issue in-room service licenses;
to provide definitions; to provide for a license fee; to provide
for limitations and restrictions; to provide for applicability and
construction of this article; to provide a penalty; to provide for
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 9 of Title 3 of the Official Code of Geor-
gia Annotated, relating to the sale of alcoholic beverages by
passenger carriers and nonprofit organizations, is amended by
designating the current Code sections as Article 1 and by adding
immediately following said newly designated article a new Arti-
cle 2 to read as follows:
"ARTICLE 2
3-9-10. As used in this article, the term:
(1) 'Hotel means any hotel, inn, or other establish-
ment which offers overnight accommodations to the pub-
lic for hire.
(2) 'In-room service means:
(A) The delivery of alcoholic beverages in unbro-
ken packages by an employee of the hotel to a regis-
GEORGIA LAWS 1986 SESSION
779
tered guests room when such alcoholic beverages
have been ordered by the guest and when the guest
shall be billed for the cost of such alcoholic beverages
at the time of delivery and when the sale of such
alcoholic beverages is completed at the time of deliv-
ery; and
(B) The provision of a cabinet or other facility
located in a hotels guest room which contains alco-
holic beverage and which is provided upon written
request of the guest and which is accessible by lock
and key only to the guest and for which the sale of
the alcoholic beverages contained therein is final at
the time requested except for a credit which may
be given to the guest for any unused portion.
3-9-11. (a) Notwithstanding anything contained in
this title or any other law, in any county or municipality
in which the sale of alcoholic beverages either by the package
or by the drink is authorized, the commissioner may autho-
rize any hotel which is licensed to sell alcoholic beverages
either by the package or by the drink or any hotel which
is licensed to sell alcoholic beverages both by the package
and by the drink to provide in-room service.
(b) No hotel shall be authorized to provide in-room ser-
vice until it has been issued a license to do so by the commis-
sioner. A license fee of $100.00 shall be imposed to provide
alcoholic beverages by in-room service, except that a license
fee of $50.00 shall be imposed to provide only beer or wine
by in-room service.
(c) The sale of alcoholic beverages by in-room service
shall be subject to all restrictions and limitations in this
title relative to the sale of alcoholic beverages, except as
provided otherwise in this article, and shall be authorized
only on such days and only during such hours as the sale
of alcoholic beverages is otherwise authorized in the county
or municipality.
(d) Distilled spirits sold pursuant to this article shall
not be sold in packages containing less than 200 milliliters
each.
780
GENERAL ACTS AND RESOLUTIONS, VOL. I
3-9-12. All alcoholic beverages sold pursuant to this ar-
ticle shall be subject to all state and local taxes imposed
on alcoholic beverages and shall be purchased from a li-
censed wholesaler.
3-9-13. Nothing in this article shall be construed to au-
thorize the sale of alcoholic beverages through in-room ser-
vice in any county or municipality in which the sale of alco-
holic beverages both by the package and by the drink is
prohibited.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
WASTE MANAGEMENT DUMPING WASTES INTO
PUBLIC STORM OR SANITARY SEWERS; PERMISSION;
PENALTIES; CONTRABAND.
Code Section 12-8-2 Enacted.
No. 1473 (House Bill No. 1424).
AN ACT
To amend Article 1 of Chapter 8 of Title 12 of the Official
Code of Georgia Annotated, relating to general provisions re-
garding waste management, so as to declare unlawful the plac-
ing, dumping, or disposing of the contents of a septic tank, waste
water holding tank, grease trap, or other such container into
a public storm or sanitary sewer pipeline without first obtaining
written permission; to provide penalties for such unlawful act;
GEORGIA LAWS 1986 SESSION
781
to declare as contraband any vehicles or other articles used to
accomplish such unlawful act; to provide for forfeitures; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 12 of the Official
Code of Georgia Annotated, relating to general provisions re-
garding waste management, is amended by adding at the end
of said article a new Code section, to be designated Code Section
12-8-2, to read as follows:
"12-8-2. (a) No person, firm, or corporation shall place,
dump, dispose of, or cause to be placed, dumped, or disposed
of in a public storm or sanitary sewer pipeline or through
manholes thereof, or otherwise, any contents or matter of
or from any septic tank, waste water holding tank, grease
trap, or other container serving the purpose of a septic tank,
waste water holding tank, or grease trap, which contents
or matter is made up wholly or partly by the sanitary sewer,
kitchen, or toilet waste from any residential source or com-
mercial or industrial waste from business processes from
any commercial or industrial facility, unless the express
written permission of the owner of such public storm or
sewer pipeline is first obtained.
(b) Any person, firm, or corporation violating subsection
(a) of this Code section shall be guilty of a misdemeanor.
(c) Any motor vehicle, trailer, and all other articles and
contrivances utilized in the hauling, transporting, dumping,
placing, or disposition of any contents or matter in any public
sewer in violation of subsection (a) of this Code section are
declared to be contraband and shall be subject to seizure,
confiscation, and forfeiture according to the terms, provi-
sions, conditions, and procedure set out in Code Section 3-
10-11, as far as such terms and procedures can be made to
apply.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
782
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
EDUCATION SICK LEAVE FOR TEACHERS; CROSS
REFERENCES IN LAW CHANGED.
Code Section 20-2-850 Amended.
No. 1474 (House Bill No. 1441).
AN ACT
To amend Code Section 20-2-850 of the Official Code of Geor-
gia Annotated, relating to sick leave for teachers and other
personnel, so as to change cross references to other laws and
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 20-2-850 of the Official Code of
Georgia Annotated, relating to sick leave for teachers and other
personnel, is amended by striking said Code section in its en-
tirety and substituting in lieu thereof a new Code Section 20-
2-850 to read as follows:
"20-2-850. (a) Each person employed in any public
school system of this state in the capacity of teacher, student
services support personnel, or administrative and supervi-
sory personnel, hereinafter referred to in this part as 'person-
nel, as classified by the State Board of Education pursuant
to subsection (a) of Code Section 20-2-200, except county or
regional librarians, shall be entitled to sick leave with full
GEORGIA LAWS 1986 SESSION
783
pay computed on the basis of one and one-fourth working
days for each completed contract month, and all unused sick
leave shall be accumulated from one contract year to the
next up to a maximum of 45 days. Personnel may utilize
sick leave upon the approval of the local school superinten-
dent or an appointed designee for absence due to illness or
injury or necessitated by exposure to contagious disease or
to illness or death in the immediate family. Personnel shall
be charged with sick leave for absence only on days upon
which they would otherwise work, and no charge against
sick leave shall be made for absence on Sundays, holidays,
or other nonwork days.
(b) Any unused sick and personal leave accumulated
by personnel pursuant to subsection (a) of this Code section
shall be credited to such personnel and shall be transferred
when there is a change in the employment of such personnel
from one local board of education to another, but no local
board of education shall be required to transfer funds to
another, nor shall the State Board of Education provide
funds to a local unit of administration beyond those autho-
rized by subsection (f) of Code Section 20-2-182 to finance
the potential or actual cost incurred by a local unit of admin-
istration through the employment of personnel transferring
accumulated unused sick and personal leave. Any accumu-
lated unused sick and personal leave credited to personnel
shall be forfeited if such personnel withdraw from service
for a period of 12 or more consecutive months.
(c) The sick leave and the accumulation of unused sick
leave provided for by this part shall be subject to subsection
(f) of Code Section 20-2-182, but this part shall not be con-
strued so as to prohibit local boards of education from adopt-
ing policies relative to sick leave and the accumulation of
unused sick leave which are supplemental to this part, pro-
vided the cost of implementing and maintaining any such
supplemental policies shall be paid entirely from local funds.
(d) No personnel utilizing sick leave under this part
shall be required to pay the cost of employing a substitute
to serve in their absence on such sick leave.
784
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
MUNICIPAL CORPORATIONS ESTABLISHMENT AND
JURISDICTION OF MUNICIPAL COURTS.
Code Section 36-32-1 Amended.
No. 1475 (House Bill No. 1476).
AN ACT
To amend Chapter 32 of Title 36 of the Official Code of Geor-
gia Annotated, relating to courts of municipal corporations, so
as to provide that each municipal corporation of this state shall,
unless otherwise provided in the local law relating to a particu-
lar municipal corporation, be authorized to establish and main-
tain a municipal court having jurisdiction over the enforcement
of municipal ordinances and over such other matters as are
by general law made subject to the jurisdiction of municipal
courts; to provide that any municipal court shall, unless other-
wise provided in the local law relating to a particular municipal
court, be authorized to impose any sentence up to the maximums
specified by general state law; to provide that such provisions
and other provisions relating to municipal court shall apply
to all courts of municipal corporations, whether styled as a mu-
nicipal court, corporate court, police court, recorders court, or
mayors court or called by some other name; to provide for all
related matters; to provide for the construction and applicability
of this Act with respect to certain actions and the use of certain
records and documents; to provide an effective date; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
785
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 courts of municipal corporations,
is amended by striking Code Section 36-32-1, relating to selection
of officers to preside over municipal courts, and inserting in
its place a new Code section to read as follows:
"36-32-1. (a) Each municipal corporation of this state
shall, unless otherwise provided in the local law relating
to a particular municipal corporation, be authorized to estab-
lish and maintain a municipal court having jurisdiction over
the violation of municipal ordinances and over such other
matters as are by general law made subject to the jurisdiction
of municipal courts. Any such court shall be styled as a
municipal court. Any reference in this Code or in any local
law to a corporate court, police court, recorders court, may-
ors court, or any such court known by any other name which
has jurisdiction over the violation of municipal offenses shall
be deemed to mean a municipal court.
(b) The provisions of this chapter shall apply equally
to all municipal courts, whether heretofore styled as a mu-
nicipal court, corporate court, police court, recorders court,
or mayors court or called by some other name and whether
established by the municipal corporation under authority
granted to the municipal corporation or established by the
local law relating to a particular municipal corporation.
(c) Each municipal court of this state, unless otherwise
provided in the local law relating to a particular municipal
court, shall be authorized to impose any punishment up to
the maximums specified by general law, including the maxi-
mums specified in subparagraphs (a)(2)(B) and (a)(2)(C) of
Code Section 36-35-6.
(d) The governing bodies of the municipal corporations
of this state having a municipal court are authorized and
empowered, either by ordinance or resolution, to select, elect,
or appoint either a mayor pro tempore or a recorder pro
786 GENERAL ACTS AND RESOLUTIONS, VOL. I
tempore to hold and preside over such municipal court in
the absence or disqualification of the mayor or recorder.
While presiding in such corporate courts, the mayor pro
tempore or recorder pro tempore shall have such power,
authority, and jurisdiction as is given by the charter of the
municipal corporation to its mayor or recorder.
(e) Subsection (d) of this Code section shall not affect
any municipal corporation for which provision is made in
the charter for the appointment or selection of a mayor pro
tempore or a recorder pro tempore.
Section 2. The provisions of this Act shall not be construed
so as to affect the validity of any action or prosecution com-
menced on or before the effective date of this Act. Any citations,
dockets, pleadings, forms, documents, or other records which
were on hand or which had been contracted for on or before
the effective date of this Act may continue to be used until
such time as the supply of such records has been exhausted,
notwithstanding the fact that such records refer to a corporate
court, police court, recorders court, or mayors court or to some
other name; and the use of said records shall not affect the
validity of any action or prosecution.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
787
MAGISTRATE COURTS MUNICIPAL COURT SERVICES;
CONTRACTS.
Code Sections 15-10-150 through 15-10-155 Enacted.
No. 1476 (House Bill No. 1477).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Geor-
gia Annotated, relating to magistrate courts, so as to authorize
counties and municipalities to enter into contracts under which
counties shall furnish municipal court services through the offi-
cers, personnel, and facilities of the magistrate courts; to autho-
rize officers and personnel of magistrate courts to serve in mu-
nicipal courts pursuant to such contracts; to provide for all
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of
Georgia Annotated, relating to magistrate courts, is amended
by adding a new Article 9 to read as follows:
"ARTICLE 9
15-10-150. The governing authority of any county may
contract with the governing authority of any municipality
within the county for the county to furnish municipal court
services to the municipality as authorized by this article;
and the governing authorities of municipalities are likewise
authorized to enter into such contracts with county govern-
ing authorities.
15-10-151. Any contract entered into pursuant to this
article shall provide that the county shall furnish municipal
court services to the municipality through the officers, em-
ployees, and facilities of the magistrate court of the county.
Any contract so entered into shall not become effective un-
less it is approved by the chief magistrate then in office;
788 GENERAL ACTS AND RESOLUTIONS, VOL. I
and no such contract shall extend beyond the term of the
chief magistrate then in office.
15-10-152. When a contract entered into pursuant to
this article has become effective, the judges of the magistrate
court shall have full authority to act as judges of the munici-
pal court of the municipality; and the other officers and per-
sonnel of the magistrate court shall have full authority to
act as officers and personnel of the municipal court.
15-10-153. When acting as officers of the municipal
court all judges and other officers of the magistrate court
shall be styled as judges and officers of the municipal court;
and all pleadings, process, and papers of the municipal court
shall be styled as such and not as pleadings, process, and
papers of the magistrate court. The dockets and other records
of the municipal court shall be kept separately from those
of the magistrate court.
15-10-154. Any limitations upon the punishment which
may be imposed for violations of municipal ordinances which
are contained in the charter of the municipality shall con-
tinue to control in municipal courts operated under this arti-
cle, and if no such limitation exists the maximum punish-
ment imposed shall not exceed a fine of $1,000.00 or 6
months imprisonment or both, unless some other general
law authorizes greater punishment. Other charter provisions
not in conflict with this article shall continue to apply in
municipal courts operated under this article.
15-10-155. (a) Except as provided in subsection (b) of
this Code section, the authority granted to municipalities
by this article shall not apply to:
(1) A municipality whose charter does not authorize
a municipal court, but a municipalitys charter shall be
deemed to authorize a municipal court if it authorizes
a corporate court, police court, recorders court, or may-
ors court of the municipality or a court of any other
name which has jurisdiction over violations of municipal
ordinances;
(2) A municipality whose charter provides for the
election, as judge or judges and not as members of the
GEORGIA LAWS 1986 SESSION
789
municipal governing authority, of the judge or judges
of a court having jurisdiction over municipal ordinance
violations; or
(3) A municipality whose charter expressly provides
that the municipality shall not have the authority
granted by this article.
(b) The authority granted to municipalities by this arti-
cle shall, notwithstanding the provisions of subsection (a)
of this Code section, apply to any municipality if as of June
30, 1983, jurisdiction over violation of its ordinances was
by law vested in a magistrate court in existence on that
date.
Section 2. This Act shall become effective upon its ap-
proval by 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, 1986.
ALCOHOLIC BEVERAGES POSSESSION OR
CONSUMPTION BY UNDERAGED PERSONS
IN THE HOME.
Code Section 3-3-23 Amended.
No. 1477 (House Bill No. 1532).
AN ACT
To amend Article 2 of Chapter 3 of Title 3 of the Official
Code of Georgia Annotated, relating to prohibited acts concern-
ing alcoholic beverages, so as to clarify when alcoholic beverages
may be possessed or consumed by an underage person in the
790
GENERAL ACTS AND RESOLUTIONS, VOL. I
home; to provide effective dates; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Part 1
Section 1. Article 2 of Chapter 3 of Title 3 of the Official
Code of Georgia Annotated, relating to prohibited acts concern-
ing alcoholic beverages, is amended by striking in its entirety
Code Section 3-3-23, relating to alcoholic beverage offenses in-
volving underage persons, and inserting in its place 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 an-
other person, shall furnish, cause to be furnished, or per-
mit any person in such persons 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;
(3) No person under 20 years of age shall misrepre-
sent such persons age in any manner whatever for the
purpose of obtaining illegally any alcoholic beverage;
(4) No person knowingly or intentionally shall act
as an agent to purchase or acquire any alcoholic beverage
for or on behalf of a person under 20 years of age; or
(5) No person under 20 years of age shall misrepre-
sent his identity or use any false identification for the
purpose of purchasing or obtaining any alcoholic bever-
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; or
GEORGIA LAWS 1986 SESSION
791
(2) At a religious ceremony.
(c) The prohibitions contained in paragraphs (1), (2), and
(4) of subsection (a) of this Code section shall not apply with
respect to the possession of alcoholic beverages for consump-
tion by a person under 20 years of age when the parent or
guardian of the person under 20 years of age gives the alco-
holic beverage to the person and when possession is in the
home of the parent or guardian and such parent or guardian
is present.
(d) The prohibition contained in paragraph (1) of subsec-
tion (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 gov-
ernmental agency containing a description of the person,
such persons photograph, or both, and giving such persons
date of birth and includes, without being limited to, a pass-
port, military identification card, drivers license, or an iden-
tification card authorized under Code Sections 40-5-100
through 40-5-104. 'Proper identification shall not include
a birth certificate.
(e) 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 alco-
holic 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 alco-
holic beverages as a part of employment in a licensed
establishment.
(f) Testimony by any person under 20 years of age, when
given in an administrative or judicial proceeding against
792
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
(g) Nothing in this Code section shall be construed to
modify, amend, or supersede Chapter 11 of Title 15.
Part 2
Section 2. Article 2 of Chapter 3 of Title 3 of the Official
Code of Georgia Annotated, relating to prohibited acts concern-
ing alcoholic beverages, is amended by striking in its entirety
Code Section 3-3-23, relating to alcoholic beverage offenses in-
volving underage persons, and inserting in its place 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 an-
other person, shall furnish, cause to be furnished, or per-
mit any person in such persons employ to furnish any
alcoholic beverage to any person under 21 years of age;
(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 misrepre-
sent such persons age in any manner whatever for the
purpose of obtaining illegally any alcoholic beverage;
(4) No person knowingly or intentionally shall act
as an agent to purchase or acquire any alcoholic beverage
for or on behalf of a person under 21 years of age; or
(5) No person under 21 years of age shall misrepre-
sent his identity or use any false identification for the
purpose of purchasing or obtaining any alcoholic bever-
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:
GEORGIA LAWS 1986 SESSION
793
(1) For medical purposes pursuant to a prescription
of a physician duly authorized to practice medicine in
this state; or
(2) At a religious ceremony.
(c) The prohibitions contained in paragraphs (1), (2), and
(4) of subsection (a) of this Code section shall not apply with
respect to the possession of alcoholic beverages for consump-
tion by a person under 21 years of age when the parent or
guardian of the person under 21 years of age gives the alco-
holic beverage to the person and when possession is in the
home of the parent or guardian and such parent or guardian
is present.
(d) The prohibition contained in paragraph (1) of subsec-
tion (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 gov-
ernmental agency containing a description of the person,
such persons photograph, or both, and giving such persons
date of birth and includes, without being limited to, a pass-
port, military identification card, drivers license, or an iden-
tification card authorized under Code Sections 40-5-100
through 40-5-104. 'Proper identification shall not include
a birth certificate.
(e) 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:
(1) Dispensing, serving, selling, or handling alco-
holic 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 alco-
holic beverages as a part of employment in a licensed
establishment.
794
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) 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.
(g) Nothing in this Code section shall be construed to
modify, amend, or supersede Chapter 11 of Title 15.
Part 3
Section 3. Parts 1 and 3 of this Act shall become effective
upon the approval of this Act by the Governor or upon its becom-
ing law without such approval. Part 2 of this Act shall become
effective on September 30, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
SUPERIOR COURTS JUDGES; CONTINUING JUDICIAL
EDUCATION; EXPENSES; SECRETARIES; BASE PAY.
Code Sections 15-6-25 and 15-6-32 Amended.
No. 1478 (House Bill No. 1696).
AN ACT
To amend Article 1 of Chapter 6 of Title 15 of the Official
Code of Georgia Annotated, relating to superior courts in gen-
eral, so as to provide that the base salary of each secretary of
each judge of the superior courts shall be established on a pay
schedule beginning at Step 1 and ending at Step 7; to change
provisions relating to authorization of superior court judges to
GEORGIA LAWS 1986 SESSION
795
accept and receive reimbursement for the actual expenses of
continuing judicial education; to eliminate the maximum
amount of such reimbursement; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section L Article 1 of Chapter 6 of Title 15 of the Official
Code of Georgia Annotated, relating to superior courts in gen-
eral, is amended by striking in its entirety paragraph (1) of
subsection (c) of Code Section 15-6-25, relating to the employ-
ment, status, and compensation of secretaries of judges of the
superior courts, and substituting in lieu thereof a new paragraph
(1) to read as follows:
"(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 7 which
shall be $18,703.00 annually. Each step within said schedule
shall be equal to an amount 5 percent greater than the previ-
ous step.
Section 2. Said title is further amended by striking Code
Section 15-6-32, relating to authorization of superior court
judges to accept and receive reimbursement for the actual ex-
penses of continuing judicial education, and inserting in its place
a new Code Section 15-6-32 to read as follows:
"15-6-32. Any other law to the contrary notwithstand-
ing, the judges of the superior courts of this state are autho-
rized to accept and receive reimbursement for the actual
expenses of continuing judicial education within the state
and out-of-state in the same manner as members of the Gen-
eral Assembly in attendance at conferences and meetings.
Such reimbursement, whether for education within or out-
side the state, shall further include any tuition fees, registra-
tion fees, or other similar expenses necessary to receive such
education. All requests for attendance at educational semi-
nars shall be submitted to the Institute of Continuing Judi-
cial Education for prior approval.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
796
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
DEPARTMENT OF TRANSPORTATION FACILITY, SITE,
OR PROJECT HEARINGS; DESIGN HEARINGS.
Code Section 32-2-3 Amended.
No. 1479 (House Bill No. 1712).
. AN ACT
To amend Code Section 32-2-3 of the Official Code of Georgia
Annotated, relating to the development of transportation plans
and public hearings, so as to provide that a facility, site, or
project corridor hearing and a design hearing may be held simul-
taneously for a proposed facility; to provide for all related mat-
ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 32-2-3 of the Official Code of Geor-
gia Annotated, relating to the development of transportation
plans and public hearings, is amended by striking paragraph
(3) of subsection (f) of said Code section in its entirety and insert-
ing in lieu thereof a new paragraph (3) to read as follows:
"(3) These public hearings shall be conducted so as to
provide an opportunity for effective participation by inter-
ested persons in transportation policy decisions, the process
of transportation planning, modal selections, and site and
route selection, and the specific location and design of major
transportation facilities. The various factors involved in the
decision or decisions and any alternative proposals shall be
GEORGIA LAWS 1986 SESSION
797
clearly presented so that the persons attending the hearing
may present their views relating to the decision or decisions
which will be made. The facility, site, or project corridor
hearing and the design hearing for a proposed facility or
facilities may be held simultaneously to satisfy the require-
ments of this subsection.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
HOUSING AUTHORITIES "ELIGIBLE HOUSING UNIT
REDEFINED.
Code Section 8-3-3.1 Amended.
No. 1480 (House Bill No. 1839).
AN ACT
To amend Code Section 8-3-3.1 of the Official Code of Georgia
Annotated, relating to definitions with regard to housing author-
ities, so as to change the definition of "eligible housing unit;
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 8-3-3.1 of the Official Code of Geor-
gia Annotated, relating to definitions with regard to housing
authorities, is amended by striking paragraph (2) in its entirety
and inserting in lieu thereof a new paragraph (2) to read as
follows:
"(2) 'Eligible housing unit means real and personal
property located in the state constituting single or multi-
798
GENERAL ACTS AND RESOLUTIONS, VOL. I
family dwelling units suitable for occupancy by low and mod-
erate income families and such community facilities as may
be incidental or appurtenant thereto; provided, however,
that all multifamily dwelling units located within an apart-
ment complex shall qualify as 'eligible housing units if at
least 20 percent of the multifamily dwelling units within
the complex are occupied by or are held available for occu-
pancy by low and moderate income families.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
FIREWORKS MODEL ROCKETS AND MODEL ROCKET
ENGINES; SAFETY REGULATIONS RELATING TO THE
MANUFACTURE, STORAGE, AND TRANSPORTATION
OF FIREWORKS; LICENSE FEES; INSPECTIONS;
SAFETY FIRE COMMISSIONER.
Code Sections 25-10-1 and 25-10-5 Amended.
No. 1481 (House Bill No. 264).
AN ACT
To amend Chapter 10 of Title 25 of the Official Code of Geor-
gia Annotated, relating to the regulation of fireworks, so as to
change the definition of the term "fireworks; to provide for
the payment of annual license fees to the Safety Fire Commis-
sioner; to authorize and direct the Safety Fire Commissioner
to promulgate safety regulations relating to the manufacture,
storage, and transportation of fireworks within this state; to
GEORGIA LAWS 1986 SESSION
799
authorize and direct the Safety Fire Commissioner to conduct
periodic inspections; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 10 of Title 25 of the Official Code of
Georgia Annotated, relating to the regulation of fireworks, is
amended by striking Code Section 25-10-1, relating to the defini-
tion of the term "fireworks, in its entirety and substituting
in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1. As used in this chapter, the term 'fireworks
means any combustible or explosive composition or any sub-
stance or combination of substances or article prepared for
the purpose of producing a visible or audible effect by com-
bustion, explosion, deflagration, or detonation, including
blank cartridges, balloons requiring fire underneath to pro-
pel them, firecrackers, torpedos, skyrockets, Roman candles,
bombs, sparklers, and other combustibles and explosives of
like construction, as well as articles containing any explosive
or flammable compound and tablets and other devices con-
taining an explosive substance. The term 'fireworks shall
not include model rockets and model rocket engines, de-
signed, sold, and used for the purpose of propelling recovera-
ble aero models, toy pistol paper caps in which the explosive
content does not average more than 0.25 grains of explosive
mixture per paper cap nor toy pistols, toy cannons, toy canes,
toy guns, or other devices using such paper caps; nor shall
the term 'fireworks include ammunition consumed by weap-
ons used for sporting and hunting purposes.
Section 2. Said chapter is further amended by striking
Code Section 25-10-5, relating to the annual license fee for the
manufacture, storage, and transportation of fireworks; promul-
gation of safety regulations; and conduct of inspections, in its
entirety and substituting in lieu thereof a new Code Section
25-10-5 to read as follows:
"25-10-5. The annual license fee for any person, firm,
or corporation conducting business in this state under para-
graph (4) of Code Section 25-10-3 shall be $1,000.00 per year,
800
GENERAL ACTS AND RESOLUTIONS, VOL. I
payable to the Safety Fire Commissioner. The license shall
expire on December 31 of each year. The Safety Fire Commis-
sioner is authorized and directed to promulgate safety regu-
lations relating to the manufacture, storage, and transporta-
tion of fireworks within this state in order to ensure the
adequate protection of the employees of any such person,
firm, or corporation and of the general public. The Safety
Fire Commissioner is further authorized and directed to con-
duct periodic inspections of the facilities of any person, firm,
or corporation manufacturing, storing, and transporting fire-
works as provided in paragraph (4) of Code Section 25-10-3
in order to ensure compliance with fire safety rules and regu-
lations.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
EDUCATION COUNTY AND INDEPENDENT SCHOOL
SUPERINTENDENTS; QUALIFICATIONS.
Code Section 20-2-102 Amended.
No. 1482 (House Bill No. 328).
AN ACT
To amend Code Section 20-2-102 of the Official Code of Geor-
gia Annotated, relating to the qualifications of county school
superintendents, so as to completely revise and provide for the
qualifications of county and independent school superinten-
dents; to provide for other matters related thereto; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
801
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 20-2-102 of the Official Code of
Georgia Annotated, relating to the qualifications of county
school superintendents, is amended by striking said Code section
in its entirety and substituting in lieu thereof a new Code Section
20-2-102 to read as follows:
"20-2-102. (a) Before any person shall be qualified or
eligible to hold the office of county or independent school
superintendent, the person shall be a citizen of the county
if elected by the voters of the county, but it shall not be
necessary that the person be a citizen of the county or inde-
pendent school district if appointed by the board of education
of the county or independent school system. The person shall
have earned and hold a five-year degree from a regionally
accredited college or university. The person shall have had
not less than three years of actual teaching or education
administration experience and shall be of good moral charac-
ter and shall never have been convicted of any crime involv-
ing moral turpitude. The person shall possess the minimum
valid fifth year leadership certificate issued by the State
Board of Education.
(b) To be eligible to qualify for election in the primary
election or in the general election if the position is nonparti-
san, a candidate for election as county school superintendent
shall present to the proper election officials verification from
the State School Superintendent that the candidate meets
the certification qualifications of this Code section.
(c) This Code section shall not apply to any person who
has served at least one term as a superintendent.
(d) If the position is appointed, the person shall present
to the local board of education verification from the State
School Superintendent that the person meets the certifica-
tion qualifications of this Code section.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
802
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLES LAW ENFORCEMENT; MARKING;
VISIBILITY OF FLASHING OR REVOLVING LIGHTS;
DISPOSAL; PERSONAL USE.
Code Section 40-8-91 Amended.
No. 1483 (House Bill No. 466).
AN ACT
To amend Code Section 40-8-91 of the Official Code of Georgia
Annotated, relating to marking and equipment of law enforce-
ment vehicles, so as to change the provisions relating to marking
of law enforcement vehicles; to change the provisions relating
to the visibility of certain equipment; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-8-91 of the Official Code of Geor-
gia Annotated, relating to marking and equipment of law en-
forcement vehicles, is amended by striking subsection (a) in its
entirety and inserting in lieu thereof a new subsection (a) to
read as follows:
"(a) Except as provided in subsection (b) of this Code
section, any motor vehicle which is used on official business
by any person authorized to make arrests for traffic viola-
tions in this state, or any municipality or county thereof,
shall be distinctly marked on each side and the back with
the name of the agency responsible therefor, in letters not
less than four inches in height.
Section 2. Said Code section is further 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) Require that any such motor vehicle be equipped
with at least one lamp which when lighted shall display a
flashing or revolving colored light visible under normal at-
mospheric conditions for a distance of500 feet from the front
and rear of such vehicle; and.
GEORGIA LAWS 1986 SESSION
803
Section 3. When such law enforcement vehicle is disposed
of, or is not in use for law enforcement, the lettering and colored
lights must be removed. Any person using such vehicle for his
personal use prior to removing colored lights and lettering will
be guilty of a misdemeanor.
Section 4. This Act shall become effective upon its ap-
proval 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 3, 1986.
"GEORGIA OCCUPATIONAL REGULATION REVIEW LAW
ENACTMENT; REVIEW OF PROPOSED LEGISLATION
LICENSING OR CERTIFYING A PROFESSION OR
BUSINESS.
Code Title 43, Chapter 1A Enacted.
No. 1484 (House Bill No. 850).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, so as to provide for the
review of all proposed legislation licensing or certifying a busi-
ness or a profession not currently licensed or certified by the
state; to provide for a short title; to provide for legislative pur-
pose; to provide for definitions; to provide for the Georgia Occu-
pational Regulation Review Council and its composition, duties,
and functions; to provide an expense and mileage allowance;
to provide procedures for review of certain proposed legislation;
to provide for criteria for review; to provide for factors to be
considered in determining the need for regulation; to require
804
GENERAL ACTS AND RESOLUTIONS, VOL. I
explanations regarding certain factors; to provide for recom-
mended methods of regulation; to provide for construction; 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 Anno-
tated, relating to professions and businesses, is amended by add-
ing immediately following Chapter 1 thereof a new Chapter
1A to read as follows:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited
as the 'Georgia Occupational Regulation Review Law.
43-1A-2. The General Assembly finds that the need for
and the effectiveness of establishing occupational licensure
and certification in this state has not been systematically
evaluated. It is the purpose of this chapter to ensure that
no programs of licensure and certification shall hereafter
be imposed upon any profession or business unless required
for the safety and well-being of the citizens of the state.
43-1A-3. As used in this chapter, the term:
(1) 'Applicant group means any business or profes-
sional group or organization, any individual, or any other
interested party which proposes that any business or pro-
fessional group not presently regulated be regulated by
the state.
(2) 'Certificate or 'certification means a voluntary
process by which a statutory regulatory entity grants
recognition to an individual who has met certain pre-
requisite qualifications specified by that regulatory entity
and who may assume or use 'certified in the title or
designation to perform prescribed occupational tasks.
(3) 'Council means the Georgia Occupational Regu-
lation Review Council.
(4) 'Grandfather clause means a provision in a regu-
latory statute applicable to individuals engaged in the
GEORGIA LAWS 1986 SESSION
805
regulated business or profession prior to the effective
date of the regulatory statute which exempts the individ-
uals from meeting prerequisite qualifications set forth
in the regulatory statute to perform prescribed occupa-
tional tasks.
(5) 'Legislative committee of reference means the
standing legislative committee designated by the Speaker
of the House of Representatives or the President of the
Senate to consider proposed legislation introduced in
their respective houses of the General Assembly to regu-
late any business or occupation not previously regulated.
(6) 'License, 'licensing, or 'licensure means autho-
rized to engage in a business or profession which would
otherwise be unlawful in the state in the absence of au-
thorization. A license is granted to those individuals who
meet prerequisite qualifications to perform prescribed
business or professional tasks, who use a particular title,
or who perform those tasks and use a particular title.
(7) 'Regulate or 'regulation means the process of
licensure or certification as defined in this Code section.
(8) 'Regulatory entity means any state agency
which regulates one or more professions, occupations,
industries, businesses, or other endeavors in this state.
(9) 'State agency means each state board, bureau,
commission, department, division, office, or other sepa-
rate unit of state government created or established by
law.
43-1A-4. (a) There is created the Georgia Occupational
Regulation Review Council.
(b) The council shall consist of ten members:
(1) The Comptroller General or his designee;
(2) The Secretary of State or his designee;
(3) The commissioner of the Department of Human
Resources or his designee;
806 GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The director of the Office of Planning and Budget
or his designee;
(5) The commissioner of the Department of Natural
Resources or his designee;
(6) The commissioner of the Department of Revenue
or his designee;
(7) The Commissioner of Agriculture or his desig-
nee;
(8) The administrator of the 'Fair Business Practices
Act of 1975 or his designee;
(9) The chairperson of the legislative committee of
reference or that persons designee from that committee,
but only when legislation referred by such committee
is being considered by the council; and
(10) The chairperson of that standing committee of
the General Assembly appointed by the presiding officer
thereof pursuant to subsection (b) of Code Section 43-
1A-5 or that chairpersons designee from that committee,
but only when legislation of which that presiding officer
was notified under that subsection (b) is being considered
by the council.
(c) The director of the Office of Planning and Budget
or his designee shall serve as chairperson of the council.
(d) Legislative members of the council appointed
thereto pursuant to paragraphs (9) and (10) of subsection
(b) of this Code section shall receive for their attendance
of meetings of the council the same expense and mileage
allowance authorized for legislative members of interim leg-
islative committees.
43-1A-5. (a) It shall be the duty of the council to review
all bills introduced in the General Assembly to license or
certify a profession or business, which is not currently li-
censed or certified by the state, based on the criteria outlined
in Code Section 43-1A-6.
GEORGIA LAWS 1986 SESSION
807
(b) The chairperson of the legislative committee of ref-
erence shall provide written notification to the council of
any proposed legislation introduced in that house of the Gen-
eral Assembly of which that committee is a standing commit-
tee if that legislation provides for the licensure or certifica-
tion of a business or profession not currently licensed or
certified by the state. That chairperson at the same time
shall provide written notification of that legislation to the
presiding officer of the house of the General Assembly in
which that legislation was not introduced, and that presiding
officer shall then appoint the chairperson of a standing com-
mittee of that house to serve as a member of the council
for the purpose of considering that legislation, except that
the chairperson so appointed may instead designate another
member of that standing committee to serve as a member
of the council for that purpose. Within a period of time not
to exceed nine months from the date of such notification
to the council, but in no event later than the convening
date of the next succeeding regular session of the General
Assembly, the council shall provide a formal report evaluat-
ing the need to regulate the business or profession based
on the factors and information provided under Code Section
43-1A-7 to the chairperson of the legislative committee of
reference, the committee chairperson appointed to the coun-
cil pursuant to paragraph (10) of subsection (b) of Code Sec-
tion 41-1A-4, the presiding officers of the House of Represen-
tatives and the Senate, and the legislative counsel. If the
council determines a need for regulation, the report shall
recommend an appropriate type of regulation and an appro-
priate state agency to oversee the regulation.
(c) The council shall work with the applicant group,
the legislative committee of reference, and other interested
parties in formulating its formal report.
43-1A-6. All bills introduced in the General Assembly
to newly regulate a profession or business should be reviewed
according to the following criteria. In evaluating whether
a profession or business shall hereafter be regulated, the
following factors shall be considered:
(1) Whether the unregulated practice of an occupa-
tion may harm or endanger the health, safety, and wel-
808 GENERAL ACTS AND RESOLUTIONS, VOL. I
fare of citizens of the state and whether the potential
for harm is recognizable and not remote;
(2) Whether the practice of an occupation requires
specialized skill or training and whether the public needs
and will benefit by assurances of initial and continuing
occupational ability;
(3) Whether the citizens of this state are or may
be effectively protected by other means; and
(4) Whether the overall cost effectiveness and eco-
nomic impact would be positive for citizens of the state.
43-1A-7. After July 1,1986, applicant groups and other
interested parties shall explain in writing each of the follow-
ing factors to the extent requested by the council and the
legislative committee of reference:
(1) A definition of the problem and why regulation
is necessary:
(A) The nature of the potential harm to the pub-
lic if the business or profession is not regulated, and
the extent to which there is a threat to public health
and safety; and
(B) The extent to which consumers need and will
benefit from a method of regulation identifying com-
petent individuals engaged in the business or profes-
sion;
(2) The efforts made to address the problem:
(A) Voluntary efforts, if any, by members of the
business or profession to establish a code of ethics
or help resolve disputes between the business or pro-
fessional group and consumers; and
(B) Recourse to and the extent of use of applica-
ble law and whether it could be strengthened to con-
trol the problem;
(3) The alternatives considered:
GEORGIA LAWS 1986 SESSION
809
(A) Regulation of business or professional em-
ployers rather than employees;
(B) Regulation of the program or service rather
than the individuals;
(C) Registration of all individuals;
(D) Certification of all individuals;
(E) Other alternatives;
(F) Why the use of the alternatives specified in
this paragraph would not be adequate to protect the
public interest; and
(G) Why licensure would serve to protect the
public interest;
(4) The benefit to the public if regulation is granted:
(A) The extent to which the incidence of specific
problems present in the unregulated business or pro-
fession can reasonably be expected to be reduced by
regulation;
(B) Whether the public can identify qualified in-
dividuals;
(C) The extent to which the public can be confi-
dent that regulated individuals are competent:
(i) Whether the proposed regulatory entity
would be a board composed of members of the
profession and public members, or a state agency,
or both and, if appropriate, their respective re-
sponsibilities in administering the system of cer-
tification or licensure, including the composition
of the board; the powers and duties of the board
or state agency regarding examinations, investi-
gations, and the disciplining of certified or li-
censed individuals; the promulgation of rules and
a code of ethics; and how fees would be levied
810 GENERAL ACTS AND RESOLUTIONS, VOL. I
and collected to cover the expenses of administer-
ing and operating the regulatory system;
(ii) If there is a grandfather clause, whether
such individuals will be required to meet the pre-
requisite qualifications established by the regula-
tory entity at a later date;
(iii) The nature of the standards proposed for
certification or licensure as compared with the
standards of other jurisdictions;
(iv) Whether the regulatory entity would be
authorized to enter into reciprocity agreements
with other jurisdictions; and
(v) The nature and duration of any training
and whether applicants will be required to pass
an examination; and, if an examination is re-
quired, by whom it will be developed and how
the cost of development will be met; and
(D) Assurance to the public that regulated indi-
viduals have maintained their competence:
(i) Whether the certification or license will
carry an expiration date; and
(ii) Whether renewal will be based only upon
payment of a fee or whether renewal will involve
reexamination, satisfactory completion of contin-
uing education, peer review, or other enforce-
ment;
(5) The extent to which regulation might harm the
public:
(A) The extent to which regulation might re-
strict entry into the business or profession and
whether the proposed standards are more restrictive
than necessary to ensure safe and effective perfor-
mance; and
(B) Whether there are similar professions to that
of the applicant group which should be included in,
GEORGIA LAWS 1986 SESSION
811
or portions of the applicant group which should be
excluded from, the proposed legislation;
(6) A description of the group proposed for regula-
tion, including a list of associations, organizations, and
other groups representing the business or profession in
this state, an estimate of the number of individuals in
each group, and whether the groups represent different
levels of business or professional activity;
(7) The expected cost of regulation:
(A) The impact regulation might have on the
costs of service to the public;
(B) The impact regulation might have on various
types of insurance; and
(C) The initial and long-term cost to the state
and to the general public of implementing the pro-
posed legislation; and
(8) Any additional information requested by the
council or the legislative committee of reference.
43-1A-8. After evaluating the report of the council and
any other desired information based on the criteria outlined
in Code Section 43-1A-6 and considering governmental and
societal costs and benefits, if the General Assembly finds
that it is necessary to regulate a business or profession not
previously regulated by law, the most appropriate alterna-
tive method of regulation should be implemented, consistent
with the public interest and this Code section:
(1) Where the consumer may have a substantial ba-
sis for relying on the services of a profession or business,
a system of certification should be implemented;
(2) Where apparent that adequate regulation cannot
be achieved by means other than licensing, a system of
licensing should be implemented; or
(3) Where regulation as defined in this chapter is
deemed too restrictive and unnecessary to protect the
812
GENERAL ACTS AND RESOLUTIONS, VOL. I
public health and welfare, a less restrictive means of
ensuring public protection, including but not limited to
stricter civil action or criminal penalties, inspection re-
quirements, or a system of registration, may be consid-
ered.
43-1A-9. Nothing in this chapter shall be construed to
limit the authority of the General Assembly to legislate as
authorized by the Constitution.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
PHYSICAL THERAPISTS STATE BOARD OF PHYSICAL
THERAPY; MEMBERS; POWERS; LICENSES;
EXAMINATIONS.
Code Title 43, Chapter 33 Amended.
No. 1485 (House Bill No. 1175).
AN ACT
To amend Chapter 33 of Title 43 of the Official Code of Geor-
gia Annotated, relating to physical therapists, so as to change
definitions; to limit consecutive terms of members of the State
Board of Physical Therapy; to change qualifications of members
of that board; to continue that board and provide for its later
termination and the repeal of the laws relating thereto; to
change the powers of that board; to delete provisions regarding
initial terms of members of that board; to change requirements
for licensure as a physical therapist or physical therapist assis-
tant; to change certain provisions regarding examinations, con-
tinuing education, and temporary licenses; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
813
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 33 of Title 43 of the Official Code of
Georgia Annotated, relating to physical therapists, is amended
by striking paragraph (7) of Code Section 43-33-3, relating to
definitions, and inserting in its place a new paragraph (7) to
read as follows:
"(7) 'Physical therapy means the examination, treat-
ment, and instruction of human beings to detect, assess, pre-
vent, correct, alleviate, and limit physical disability, bodily
malfunction and pain from injury, disease, and any other
bodily and mental conditions and includes the administra-
tion, interpretation, documentation, and evaluation of tests
and measurements of bodily functions and structures; the
planning, administration, evaluation, and modification of
treatment and instruction, including the use of physical mea-
sures, activities, and devices, for preventative and therapeu-
tic purposes; and the provision of consultative, educational,
and other advisory services for the purpose of preventing
or reducing the incidence and severity of physical disability,
bodily malfunction, and pain.
Section 2. Said chapter is further amended by striking
Code Section 43-33-5, relating to appointment of board members,
and inserting in its place a new Code section to read as follows:
"43-33-5. The board shall consist of six members, as pro-
vided in Code Section 43-33-6, each of whom shall be ap-
pointed by the Governor, approved by the Secretary of State,
and confirmed by the Senate for a term of three years and
until a successor is appointed and qualified. Vacancies on
the board shall be filled by the Governors appointment of
a successor to serve out the unexpired term. The Governor,
after notice and opportunity for hearing, may remove any
member of the board for neglect of duty, incompetence, revo-
cation or suspension of license of those licensee members,
or other dishonorable conduct. No person shall serve more
than two consecutive full terms as a member of the board.
Section 3. Said chapter is further amended by striking
Code Section 43-33-6, relating to qualifications of members, and
inserting in its place a new Code section to read as follows:
814
GENERAL ACTS AND RESOLUTIONS, VOL. I
"43-33-6. To be eligible for appointment to the board,
a person must be a resident of this state. Five members of
the board shall be licensees under this chapter who have
practiced or taught physical therapy for at least five years.
The sixth member shall be appointed from the public at
large and shall have no connection whatsoever with the prac-
tice or profession of physical therapy.
Section 4. Said chapter is further amended by striking
paragraph (4) of Code Section 43-33-10, relating to general pow-
ers of the board, and inserting in its place a new paragraph
to read as follows:
"(4) Initiate investigations of alleged or suspected viola-
tions of the provisions of this chapter or other laws of this
state pertaining to physical therapy and any rules and regu-
lations adopted by the board. For this purpose, any board
member or authorized agent of the board shall have the
power and right to enter and make reasonable inspection
of any place where physical therapy is practiced;.
Section 5. Said chapter is further amended by striking
paragraph (3) of Code Section 43-33-12, relating to requirements
for licensure as a physical therapist, and inserting in its place
a new paragraph (3) to read as follows:
"(3) Is not disqualified to receive a license under the
provisions of Code Section 43-33-18 or subsection (a) of Code
Section 43-1-19.
Section 6. Said chapter is further amended by striking
paragraph (3) of Code Section 43-33-13, relating to requirements
for licensure as a physical therapist assistant, and inserting
in its place a new paragraph (3) to read as follows:
"(3) Is not disqualified to receive a license under the
provisions of Code Section 43-33-18 or subsection (a) of Code
Section 43-1-19.
Section 7. Said chapter is further amended by striking
Code Section 43-33-14, relating to examinations generally, and
inserting in its place a new Code section to read as follows:
"43-33-14. The board shall determine the competence
of applicants to practice as physical therapists or as physical
GEORGIA LAWS 1986 SESSION
815
therapist assistants by any method or procedure which the
board deems necessary to test the applicants qualifications.
Section 8. Said chapter is further amended by striking
Code Section 43-33-16, relating to expiration, renewal, and resto-
ration of licenses, and inserting in its place a new Code Section
43-33-16 to read as follows:
"43-33-16. All licenses shall expire biennially unless re-
newed. All applications for renewal of a license shall be
filed with the joint-secretary prior to the expiration date,
accompanied by the biennial renewal fee prescribed by the
board. A license which has expired for failure of the holder
to renew may only be restored after application and payment
of the prescribed restoration fee within the time period estab-
lished by the joint-secretary. Any license which has not been
restored within such period following its expiration may not
be renewed, restored, or reissued thereafter. The holder of
such a canceled license may apply for and obtain a valid
license only upon compliance with all relevant requirements
for issuance of a new license. The board shall require no
less than four hours of continuing education in order to re-
new any license issued pursuant to this chapter.
Section 9. Said chapter is further amended by striking
subsection (b) of Code Section 43-33-17, relating to temporary
licenses, and inserting in its place a new subsection to read as
follows:
"(b) A temporary license issued pursuant to this Code
section shall expire after six months and be subject to re-
newal only upon good and exceptional cause shown, provided
that a temporary license may not be renewed more than
one time.
Section 10. Said chapter is further amended by striking
Code Section 43-33-21, relating to the termination of the State
Board of Physical Therapy, and inserting in its place a new
Code section to read as follows:
"43-33-21. For the purposes of Chapter 2 of this title,
'The Act Providing for the Review, Continuation, Reestab-
lishment, or Termination of Regulatory Agencies, the State
816
GENERAL ACTS AND RESOLUTIONS, VOL. I
Board of Physical Therapy shall be terminated on July 1,
1992, 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 11. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 12. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
CIVIL PRACTICE DISMISSAL AND RECOMMENCEMENT
OF CIVIL ACTIONS; TIME; PERMISSION AND ORDER OF
COURT.
Code Section 9-11-41 Amended.
No. 1486 (House Bill No. 1185).
AN ACT
To amend Code Section 9-11-41 of the Official Code of Georgia
Annotated, relating to the dismissal and recommencement of
civil actions, so as to provide that a plaintiff may dismiss an
action without order or permission of court at any time before
the plaintiff rests his case; to provide that after commencement
of a trial permission and an order of the court must be obtained
before dismissal; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 9-11-41 of the Official Code of Geor-
gia Annotated, relating to the dismissal and recommencement
GEORGIA LAWS 1986 SESSION
817
of civil actions, is amended by striking in its entirety 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
or permission of court, by filing a written notice of dismissal
at any time before the plaintiff rests his case. After the plain-
tiff rests his case, permission and an order of the court must
be obtained before dismissal. If a counterclaim has been
pleaded by a defendant prior to the service upon him of
the plaintiffs motion to dismiss, the action shall not be dis-
missed against the defendants objection unless the counter-
claim can remain pending for independent adjudication by
the court. A dismissal under this subsection is without preju-
dice, except that the filing of a third notice of dismissal oper-
ates as an adjudication upon the merits.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
EDUCATION PUBLIC SCHOOL DISCIPLINARY
TRIBUNALS; APPEALS; TIME LIMITS FOR DECISIONS.
Code Section 20-2-754 Amended.
No. 1487 (House Bill No. 1276).
AN ACT
To amend Code Section 20-2-754 of the Official Code of Geor-
gia Annotated, relating to procedures to be followed by public
818
GENERAL ACTS AND RESOLUTIONS, VOL. I
school disciplinary tribunals and the review of such proceedings,
so as to afford the local board of education ten days, excluding
weekends and holidays, to decide appeals in disciplinary mat-
ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 20-2-754 of the Official Code of
Georgia Annotated, relating to procedures to be followed by
public school disciplinary tribunals and the review of such pro-
ceedings, is amended by striking in its entirety subsection (c)
and inserting in its place a new subsection (c) to read as fol-
lows:
"(c) The local board of education shall review the record
and shall render a decision in writing. The decision shall
be based solely on the record and shall be given to all parties
within ten days, excluding weekends and public and legal
holidays provided for in Code Section 1-4-1, from the date
it receives the notice of appeal. The board may take any
action it determines appropriate, and any decision of the
board shall be final. All parties shall have the right to be
represented by legal counsel at any such appeal and during
all subsequent proceedings.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
819
MOTOR VEHICLES AND TRAFFIC PASSING A STOPPED
SCHOOL BUS; REPORTS BY BUS DRIVER; ENFORCEMENT.
Code Section 40-6-163 Amended.
No. 1488 (House Bill No. 1347).
AN ACT
To amend Code Section 40-6-163 of the Official Code of Geor-
gia Annotated, relating to the duty of driver of vehicle meeting
or overtaking a school bus and reports of certain violations,
so as to change certain reporting requirements relative to per-
sons who violate a certain law relative to duty of driver of vehicle
meeting or overtaking a school bus; to repeal certain provisions
relative to duties of the Department of Public Safety; to repeal
other provisions relative to the administration and enforcement
of this Code section; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-6-163 of the Official Code of
Georgia Annotated, relating to the duty of driver of vehicle
meeting or overtaking a school bus and reports of certain viola-
tions, is amended by striking in its entirety subsection (c) and
inserting in lieu thereof a new subsection (c) to read as follows:
"(c) 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, li-
cense 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 local law
enforcement agency which has law enforcement jurisdic-
tion where the alleged offense occurred.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
820
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
AD VALOREM TAX AGRICULTURAL PROPERTY;
PREFERENTIAL ASSESSMENT; ALTERNATIVE TAX
PENALTY; ILLNESS OR DISABILITY.
Code Section 48-5-7.1 Amended.
No. 1489 (House Bill No. 1412).
AN ACT
To amend Code Section 48-5-7.1 of the Official Code of Geor-
gia Annotated, relating to preferential ad valorem tax assess-
ment of tangible real property devoted to bona fide agricultural
purposes, so as to provide for an alternative tax penalty in cases
where a covenant to maintain eligible property in agricultural
use is breached solely as a result of a medically demonstrable
illness or disability; to provide for all related matters; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 48-5-7.1 of the Official Code of Geor-
gia Annotated, relating to preferential ad valorem tax assess-
ment of tangible real property devoted to bona fide agricultural
purposes, is amended by adding a new subsection (r) to read
as follows:
"(r) (1) In any case in which a covenant is breached
solely as a result of a medically demonstrable illness
or disability which renders the owner of the real property
GEORGIA LAWS 1986 SESSION
821
physically unable to continue the property in agricul-
tural use, the penalty specified by paragraph (2) of this
subsection shall apply and the penalty specified by sub-
section (g) of this Code section shall not apply. The pen-
alty specified by paragraph (2) of this subsection shall
likewise be substituted for the penalty specified by sub-
section (g) of this Code section in any case in which a
covenant is breached solely as a result of a medically
demonstrable illness or disability which renders the oper-
ator of the real property physically unable to continue
the property in agricultural use, provided that the alter-
native penalty shall apply in this case only if the operator
of the real property is a member of the family owning
a family-farm corporation which owns the real property.
(2) When a breach occurs which meets the qualifica-
tions of paragraph (1) of this subsection, the penalty im-
posed shall be the total amount by which preferential
assessment has reduced taxes otherwise due during the
period of the covenant.
(3) A penalty imposed under this subsection shall
bear interest at the rate specified in Code Section 48-2-
40 from the date the covenant is breached.
(4) Prior to imposing the alternative penalty author-
ized by this subsection in lieu of the penalty specified
by subsection (g) of this Code section, the board of tax
assessors shall require satisfactory evidence which
clearly demonstrates that the breach is the result of a
medically demonstrable illness or disability which meets
the qualifications of paragraph (1) of this subsection.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
822
GENERAL ACTS AND RESOLUTIONS, VOL. I
PERSONAL CARE HOMES AND DAY CARE CENTERS
CRIMINAL RECORDS CHECKS FOR DIRECTORS AND
EMPLOYEES; RECORDS SEARCH FEES.
Code Sections 31-7-250 and 49-5-60 Amended.
No. 1490 (House Bill No. 1420).
AN ACT
To amend Code Section 31-7-250 of the Official Code of Geor-
gia Annotated, relating to definitions concerning criminal rec-
ords checks for directors and employees of personal care homes,
and Code Section 49-5-60 of the Official Code of Georgia Anno-
tated, relating to definitions concerning criminal records checks
for directors and employees of day-care centers, so as to autho-
rize the department to establish records search fees; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 31-7-250 of the Official Code of
Georgia Annotated, relating to definitions concerning criminal
records checks for directors and employees of personal care
homes, is amended by striking paragraph (14) thereof and insert-
ing in its place a new paragraph to read as follows:
"(14) 'Records check application means two sets of clas-
sifiable fingerprints, a records search fee to be established
by the department by rule and regulation, 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.
Section 2. Code Section 49-5-60 of the Official Code of Geor-
gia Annotated, relating to definitions concerning criminal
records checks for directors and employees of day-care centers,
GEORGIA LAWS 1986 SESSION
823
is amended by striking paragraph (16) thereof and inserting
in its place a new paragraph to read as follows:
"(16) 'Records check application means two sets of clas-
sifiable fingerprints, a records search fee to be established
by the department by rule and regulation, 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.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
DRIVER TRAINING SCHOOLS RENEWAL OF
OPERATORS LICENSES.
Code Section 43-13-6 Amended.
No. 1491 (House Bill No. 1423).
AN ACT
To amend Code Section 43-13-6 of the Official Code of Georgia
Annotated, relating to issuance of licenses to and renewal of
licenses of operators of driver training schools, so as to change
the provisions relating to renewal of licenses; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
824 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 43-13-6 of the Official Code of Geor-
gia Annotated, relating to issuance of licenses to and renewal
of licenses of operators of driver training schools, is amended
by striking in its entirety subsection (b), which reads as follows:
"(b) All outstanding licenses issued to any driver train-
ing school or driver training instructor pursuant to this chap-
ter shall expire at 12:00 Midnight on September 30 of the
calendar year for which the license was issued and must
be renewed annually unless sooner canceled, suspended, or
revoked under Code Section 43-13-7.,
and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b) All licenses issued to driver training schools or
driver training instructors pursuant to this chapter shall
be valid for one year from the date of issuance unless sooner
canceled, suspended, or revoked under Code Section 43-13-
7. All licenses shall be renewed annually through the Depart-
ment of Public Safety as provided in subsection (d) of this
Code section and shall be valid for one year from the date
of renewal.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
825
INCOME TAX REFUNDS; SETOFF DEBT COLLECTION;
CLAIMANT AGENCIES; PRIORITY; STUDENT LOANS.
Code Section 48-7-161 Amended.
No. 1492 (House Bill No. 1464).
AN ACT
To amend Article 7 of Chapter 7 of Title 48 of the Official
Code of Georgia Annotated, relating to setoff debt collection
in connection with income tax refunds, so as to include within
the definition of claimant agency certain state agencies and
authorities for the purpose of the collection of debts arising
under certain student loan and financial assistance programs;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 7 of Chapter 7 of Title 48 of the Official
Code of Georgia Annotated, relating to setoff debt collection
in connection with income tax refunds, is amended by striking
paragraph (1) of Code Section 48-7-161, relating to definition
of terms used in said article, in its entirety and substituting
in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Claimant agency means and includes, in the order
of priority set forth below:
(A) The Department of Human Resources with re-
spect to collection 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;
(B) The Georgia Student Finance Authority with re-
spect to the collection of debts arising under Part 3 of
Article 7 of Chapter 3 of Title 20;
(C) The Georgia Higher Education Assistance Cor-
poration with respect to the collection of debts arising
under Part 2 of Article 7 of Chapter 3 of Title 20; and
826
GENERAL ACTS AND RESOLUTIONS, VOL. I
(D) The State Medical Education Board with respect
to the collection of debts arising under Part 6 of Article
7 of Chapter 3 of Title 20.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
STATE GOVERNMENT CENTRAL INVENTORY OF
PERSONAL PROPERTY; APPLICABILITY; ACQUISITION
COSTS; PRIOR APPROVAL.
Code Section 50-16-161 Amended.
No. 1493 (House Bill No. 1573).
AN ACT
To amend Code Section 50-16-161 of the Official Code of Geor-
gia Annotated, relating to the applicability to movable personal
property of the Central Inventory of Personal Property main-
tained by the Department of Administrative Services, so as to
change the applicability of such laws; to change the provisions
relating to acquisition costs; to change the provisions relating
to including additional items in an agencys personal property
inventory; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 50-16-161 of the Official Code of
Georgia Annotated, relating to the applicability to movable per-
sonal property of the Central Inventory of Personal Property
maintained by the Department of Administrative Services, is
amended by striking subsection (a) of said Code section and
inserting in lieu thereof a new subsection (a) to read as follows:
GEORGIA LAWS 1986 SESSION
827
"(a) This part shall apply to movable personal property,
which shall be defined as any item which meets the following
criteria:
(1) Any item which is basically nonconsumable and
nonexpendable in nature, such as motor vehicles, mecha-
nized and nonmechanized equipment, office equipment,
appliances, etc.;
(2) Any item with an estimated usable life expec-
tancy of three or more years and an item acquisition
cost of $500.00 or more; or
(3) Any item or items which an agency feels should
be included in its personal property inventory even
though it fails to meet the criteria outlined above.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
LEGISLATIVE EDUCATIONAL RESEARCH COUNCIL
ABOLISHED.
Code Title 20, Chapter 7 Repealed.
No. 1494 (House Bill No. 1653).
AN ACT
To repeal Chapter 7 of Title 20 of the Official Code of Georgia
Annotated, relating to the Legislative Educational Research
Council, so as to abolish said council; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
828
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 7 of Title 20 of the Official Code of
Georgia Annotated, relating to the Legislative Educational Re-
search Council, is repealed in its entirety and said council is
abolished.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
DENTAL HYGIENISTS DUTIES; PREVENTION AND
TREATMENT OF DENTAL DISEASE.
Code Section 43-11-74 Amended.
No. 1495 (House Bill No. 1687).
AN ACT
To amend Chapter 11 of Title 43 of the Official Code of Geor-
gia Annotated, relating to dentists and dental hygienists, so
as to provide for the performance of certain duties by dental
hygienists; to provide for automatic repeal; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 11 of Title 43 of the Official Code of
Georgia Annotated, relating to dentists and dental hygienists,
is amended by striking Code Section 43-11-74, relating to the
requirement of performing duties under the supervision of a
licensed dentist, in its entirety and inserting in lieu thereof a
new Code Section 43-11-74 to read as follows:
GEORGIA LAWS 1986 SESSION
829
"43-11-74. (a) Dental hygienists shall perform their
duties only under the supervision of a licensed dentist. No
dental hygienist shall practice dentistry or do any kind of
dental work other than to remove calcareous deposits, se-
cretions, and stains from the surfaces of the teeth, to apply
ordinary wash or washes of a soothing character, to sterilize
instruments, to perform routine office work, and to perform
those acts, services, procedures, and practices, reasonable
and necessary for the prevention and treatment of dental
disease, which the board shall prescribe by rule or regula-
tion.
(b) Effective July 1, 1987, this Code section shall stand
repealed in its entirety.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA BUILDING AUTHORITY AGENCY FOR
REMOVAL OF HAZARDOUS MATERIALS.
Code Sections 50-9-80 through 50-9-84 Enacted.
No. 1496 (House Bill No. 1952).
AN ACT
To amend Chapter 9 of Title 50 of the Official Code of Georgia
Annotated, relating to the Georgia Building Authority, so as
to create the Agency for Removal of Hazardous Materials to
provide for the abatement and removal of asbestos and other
830
GENERAL ACTS AND RESOLUTIONS, VOL. I
hazardous materials from public premises; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 9 of Title 50 of the Official Code of
Georgia Annotated, relating to the Georgia Building Authority,
is amended by adding at the end thereof a new Article 4 to
read as follows:
"ARTICLE 4
50-9-80. There is created the Agency for Removal of
Hazardous Materials.
50-9-81. The Governor shall appoint a director of the
agency who shall serve at the pleasure of the Governor.
The Governor may appoint as the director an officer or em-
ployee of another department or authority of the state, and
if he does so, such person shall hold the office of director
ex officio without further compensation except for normal
reimbursement of actual expenses as provided for in the
rules of the state auditor and the Office of Planning and
Budget. The director shall employ such employees of the
agency as may be necessary to carry out its purposes.
50-9-82. The agency shall establish and administer a
program for the abatement and removal of asbestos and
other hazardous materials from premises of the state, state
authorities, counties, municipal corporations, local and inde-
pendent school systems, and other units and authorities of
state and local government. The agency may perform its
functions through its own staff and resources or through
the procurement of services and resources from the private
sector.
50-9-83. The employees of the Georgia Building Author-
ity may serve as employees of the agency. When performing
agency functions, they shall be deemed to be employees of
and under the control of the agency, and all activities by
them and of the agency for any purpose whatsoever shall
be deemed to be the activities of the agency and the state
GEORGIA LAWS 1986 SESSION
831
and not the activities of the Georgia Building Authority.
The Georgia Building Authority further may cooperate with
the agency by providing or transferring to it funds, equip-
ment, and facilities, but in no event shall the activities and
undertakings of the agency be deemed to be the activities
of the Georgia Building Authority, directly or indirectly.
50-9-84. All units of state government, state authorities,
and units of local government may request and receive the
assistance of the agency, on such terms of payment and oth-
erwise as the agency may determine for the abatement and
removal of asbestos and other hazardous materials from
their premises.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
CHIROPRACTIC EDUCATIONAL REQUIREMENTS TO
PRACTICE; SCHOOLS OR COLLEGES IN FOREIGN
COUNTRIES.
Code Section 43-9-7 Amended.
No. 1497 (Senate Bill No. 302).
AN ACT
To amend Code Section 43-9-7 of the Official Code of Georgia
Annotated, relating to qualifications of applicants for license
to practice chiropractic, so as to authorize the Georgia Board
of Chiropractic Examiners to promulgate rules and regulations
832 GENERAL ACTS AND RESOLUTIONS, VOL. I
with respect to certain education requirements; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 43-9-7 of the Official Code of Geor-
gia Annotated, relating to qualifications of applicants for license
to practice chiropractic, is amended by striking subsection (e)
in its entirety and inserting in lieu thereof a new subsection
(e) to read as follows:
"(e) In addition to the requirements heretofore provided
in this Code section, each applicant for examination shall
have successfully concluded two years general college train-
ing in schools or colleges approved by the Southern Associa-
tion of Accredited Colleges and Universities or schools or
colleges approved by virtue of reciprocity through such asso-
ciation. The board is authorized to promulgate rules and
regulations regarding such requirements with respect to
schools or colleges in foreign countries not approved by the
Southern Association of Accredited Colleges and Universi-
ties.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
833
CLERKS OF THE SUPERIOR COURTS MINIMUM
ANNUAL SALARIES.
Code Section 15-6-88 Amended.
No. 1498 (Senate Bill No. 405).
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 Geor-
gia 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:
834
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
250.000 294,999
295.000 and up
Minimum Salary
.... $ 14,746.00
..... 20,249.00
..... 22,938.00
..... 24,576.00
..... 26,214.00
..... 27,852.00
..... 29,491.00
..... 31,130.00
..... 32,768.00
..... 45,315.00
..... 50,023.00
Section 2. This Act shall become effective on January 1,
1987.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
MOTOR VEHICLES AND TRAFFIC ENFORCEMENT OF
UNIFORM RULES OF THE ROAD ON PRIVATE PROPERTY
WHICH FRONTS ON COASTAL MARSHLANDS OR
ESTUARINE AREAS; NOTICES.
Code Section 40-6-3 Amended.
No. 1499 (Senate Bill No. 417).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, so as to provide that an
owner of private property may file a petition with the local
law enforcement agency having primary jurisdiction to enforce
GEORGIA LAWS 1986 SESSION
835
the uniform rules of the road in such area requesting state
and local law enforcement agencies to enforce the uniform rules
of the road on said private property; to provide that a plat de-
lineating the roads, streets, and common areas shall also be
filed with the petition; to provide that the primary law enforce-
ment agency shall provide law enforcement services at no cost
to the owner of the private property or contract with the owner
of the private property to provide such services; to provide that
the users of such private roads, streets, and common areas shall
be subject to all state and local traffic laws and regulations;
to provide for concurrent jurisdiction with other law enforce-
ment agencies; to provide for the giving of notice that the uni-
form rules of the road will be enforced on private property; to
provide for other matters related to the foregoing; 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 Anno-
tated, relating to motor vehicles and traffic, is amended by strik-
ing from Code Section 40-6-3, relating to areas in which the
uniform rules of the road apply, the word "and at the end of
paragraph (3); by striking the period at the end of paragraph
(4) and substituting in lieu thereof "; and; and by adding a
new paragraph (5) at the end of said Code section to read as
follows:
"(5) (A) The provisions of this chapter shall apply to
a vehicle operated on any private property of this state
which fronts on coastal marshlands or estuarine area
as defined in Code Section 12-5-281 provided the owner
of the private property files with the local law enforce-
ment agency having primary jurisdiction to enforce the
uniform rules of the road in such area:
(i) A petition requesting such local law enforce-
ment agency to enforce the uniform rules of the road
on such private property; and
(ii) Simultaneously files a plat with the petition
delineating the location of the roads, streets, and com-
mon areas on such private property.
836 GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) The local law enforcement agency having pri-
mary jurisdiction to enforce the uniform rules of the road
in such area shall enforce the uniform rules of the road
on said private property at no cost to the owner of the
private property or enter into a contractual agreement
with the owner of the private property whereby the
owner of the private property consents to pay part or
all of the law enforcement expenses to such law enforce-
ment agency.
(C) All persons operating vehicles on said roads,
streets, and common areas shall be subject to all state
and local traffic laws and regulations the same as if said
private roads and streets were public roads and streets.
(D) Any state or local law enforcement agency em-
powered to enforce the uniform rules of the road in such
area shall have concurrent jurisdiction with the primary
local law enforcement agency to enforce the rules of the
road on said private property.
(E) At least 30 days prior notice shall be given to
users of said private roads, streets, and common areas
by publication in the newspapers of general circulation
in the area and by posting signs along the private roads
and streets specifying that state and local law enforce-
ment agencies will be enforcing the uniform rules of the
road on said private roads, streets, and common areas.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
837
SHERIFFS MINIMUM ANNUAL SALARIES.
Code Sections 15-16-20 and 15-16-20.1 Amended.
No. 1500 (Senate Bill No. 419).
AN ACT
To amend Chapter 16 of Title 15 of the Official Code of Geor-
gia Annotated, relating to sheriffs, so as to change the minimum
annual salaries of the sheriffs; to change certain provisions relat-
ing to population classifications; to change the provisions relat-
ing 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) 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. 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
Minimum Salary
$ 20,782.00
23.189.00
26.631.00
838
GENERAL ACTS AND RESOLUTIONS, VOL. I
20,000
30.000
40.000
50.000
100,000
200,000
250.000
300.000
29.999
39.999
49.999
99.999
199.999
249.999
299.999
and up
29.324.00
32.016.00
34.711.00
37.403.00
39.946.00
42.789.00
46.836.00
52,304.00
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 pro-
vided in Code Section 15-16-20, the sheriff of any county
who performs the duties of a sheriff for a state court, probate
court, magistrate court, juvenile court, or recorders 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 1,1987.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
839
DRIVERS LICENSES AND DRIVER TRAINING SCHOOLS
CROSS REFERENCES IN LAWS.
Code Sections 40-5-22, 40-5-83.1, and 43-13-6.1 Amended.
No. 1501 (Senate Bill No. 441).
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, and Chapter 13 of Title
43 of the Official Code of Georgia Annotated, relating to driver
training schools, so as to change and correct certain internal
cross-references; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of
Georgia Annotated, relating to drivers licenses, is amended by
striking subsection (a) of Code Section 40-5-22, relating to certain
requirements for issuance of a drivers license, and inserting
in lieu thereof a new subsection (a) to read as follows:
"(a) The department shall not issue any drivers license
to any person who is under the age of 16 years, except that
the department may, under subsection (a) of Code Section
40-5-24, issue an instruction permit permitting the operation
of a Class 1 vehicle to any person who is at least 15 years
of age. On and after January 1, 1985, the department shall
not issue any drivers license to any person under 18 years
of age unless such person presents a certificate or other evi-
dence acceptable to the department which indicates satisfac-
tory completion of an alcohol and drug course as prescribed
in subsection (b) of Code Section 20-2-142; provided, however,
that a person under 18 years of age who becomes a resident
of this state and who has in his immediate possession a valid
license issued to him in another state or country shall not
be required to take or complete the alcohol and drug course.
Section 2. Said chapter is further amended by striking
Code Section 40-5-83.1, relating to special licenses for certain
840 GENERAL ACTS AND RESOLUTIONS, VOL. I
driver improvement clinic instructors, and inserting in lieu
thereof a new Code Section 40-5-83.1 to read as follows:
"40-5-83.1. The commissioner shall be authorized to is-
sue a special license to the instructor of any driver improve-
ment clinic who is qualified to teach the alcohol and drug
course prescribed in subsection (b) of Code Section 20-2-142.
A driver improvement clinic shall offer such alcohol and
drug course only through a qualified instructor and shall
not charge a fee for such course of more than $25.00.
Section 3. Chapter 13 of Title 43 of the Official Code of
Georgia Annotated, relating to driver training schools, is
amended by striking Code Section 43-13-6.1, relating to special
licenses for driver training school instructors, and inserting in
lieu thereof a new Code Section 43-13-6.1 to read as follows:
"43-13-6.1. The commissioner shall be authorized to is-
sue a special license to the instructor of any driver training
school who is qualified to teach the alcohol and drug course
prescribed in subsection (b) of Code Section 20-2-142. A driver
training school shall offer such alcohol and drug course only
through a qualified instructor and shall not charge a fee
for such course of more than $25.00.
Section 4. This Act shall become effective on July 1, 1986.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
841
CITIES OF NOT LESS THAN 400,000 BINDING
CONTRACTS REGARDING DOWNTOWN DEVELOPMENT
AREAS AND URBAN REDEVELOPMENT AREAS.
Code Section 36-30-3 Amended.
No. 1502 (Senate Bill No. 583).
AN ACT
To amend Code Section 36-30-3 of the Official Code of Georgia
Annotated, relating to ordinances binding succeeding councils,
so as to permit municipal governing authorities in cities having
populations of not less than 400,000 according to the United
States decennial census of 1980 or any future such census to
enter into binding contracts regarding downtown development
areas and urban redevelopment areas; 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 36-30-3 of the Official Code of Geor-
gia Annotated, relating to ordinances binding succeeding coun-
cils, is amended by adding at the end thereof a new subsection,
to be designated subsection (c), to read as follows:
"(c) The governing authorities of municipal corpora-
tions having a population of not less than 400,000 according
to the United State decennial census of 1980 or any future
such census may on behalf of such municipal corporations
enter into contracts with private or public entities which
shall be binding on such authorities and successors, with
respect to the leasing, subleasing, maintenance, or manage-
ment of property for retail facilities, restaurants, or office
or other commercial use which is located in its downtown
development area, as defined in paragraph (3) of Code Section
36-42-3, and which is located in or contiguous to an urban
redevelopment area established pursuant to Chapter 61 of
Title 36, the 'Urban Redevelopment Law.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
842
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
CRIMINAL PROCEDURE SENTENCES; NO CHANGE
PERMITTED AFTER THE TERM OF COURT OR 60 DAYS.
Code Section 17-10-1 Amended.
No. 1503 (House Bill No. 1154).
AN ACT
To amend Code Section 17-10-1 of the Official Code of Georgia
Annotated, relating to the fixing of sentences by the judge in
criminal cases generally, so as to provide that the judge shall
have no authority to change a sentence after the term of court
or 60 days have passed following the imposition of such sentence;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 17-10-1 of the Official Code of Geor-
gia Annotated, relating to the fixing of sentences by the judge
in criminal cases generally, is amended by striking in its entirety
subsection (a) and inserting in its place a new subsection (a)
to read as follows:
"(a) Except in cases in which life imprisonment or the
death penalty must be imposed, upon a verdict or plea of
guilty in any case involving a misdemeanor or felony and
after a presentence hearing, the judge fixing the sentence
shall prescribe a determinate sentence for a specific number
of months or years, which shall be within the minimum
and maximum prescribed by law as the punishment for the
GEORGIA LAWS 1986 SESSION
843
crime. The judge imposing the sentence is granted power
and authority to suspend or probate the sentence under such
rules and regulations as he deems proper. The judge shall
also be empowered to revoke the suspension or probation
when the defendant has violated any of the rules and regula-
tions prescribed by the court. After the term of court, or
60 days from the date on which the sentence was imposed
by the judge, whichever time is greater, he shall have no
authority to suspend, probate, modify, or change the sen-
tence of the defendant, except as otherwise provided by law.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
COSMETOLOGISTS PRACTICE; EXAMINATIONS;
BARBERS; CONTINUATION OF BOARD.
Code Sections 43-10-1, 43-10-2, 43-10-9, and 43-10-20 Amended.
No. 1504 (House Bill No. 1173).
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Geor-
gia Annotated, relating to cosmetologists, so as to change defini-
tions; to change qualifications for members of the State Board
of Cosmetology and provide for removal of such members; to
change the provisions authorizing practice pending release of
examination results; to provide conditions under which persons
licensed to practice barbering may become eligible to take the
master cosmetologist examination; to provide for the continua-
tion of the State Board of Cosmetology but provide for the later
termination of that board and the repeal of the laws relating
thereto; to provide an effective date; to repeal conflicting laws;
and for other purposes.
844
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 10 of Title 43 of the Official Code of
Georgia Annotated, relating to cosmetologists, is amended by
striking subparagraph (A) of paragraph (4) of Code Section 43-
10-1, relating to definitions, and inserting in its place a new
subparagraph to read as follows:
"(A) Cuts, braids, or dresses the hair;.
Section 2. Said chapter is further amended by striking
subsections (a) and (e) of Code Section 43-10-2, relating to cre-
ation of the board of cosmetology, and inserting in their respec-
tive places new subsections (a) and (e) to read as follows:
"(a) There is created the State Board of Cosmetology.
The board shall consist of eight members who shall be resi-
dents of this state. The board shall have the duty of carrying
out and enforcing this chapter.
(e) Board members shall be appointed by the Governor
for a term of three years and until their successors are ap-
pointed and qualified. Vacancies shall be filled by the Gover-
nor for the unexpired portion of the term. The board may
do all things necessary for carrying this chapter into effect
and may, from time to time, promulgate necessary rules
and regulations compatible with this chapter. The Governor
may remove any board member for cause as provided in
Code Section 43-1-17.
Section 3. Said chapter is further amended by striking
subsection (c) of Code Section 43-10-9, relating to application
for certificate of registration, which reads as follows:
"(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 authoriz-
ing such person so to practice until such examination. There-
after, no further such permit shall be renewed or issued
to the person to authorize such practice.,
and inserting in its place a new subsection to read as follows:
GEORGIA LAWS 1986 SESSION
845
"(c) An approved applicant for examination under this
Code section may be issued a work permit authorizing said
applicant to practice such occupation until the release of
the results of the examination for which the applicant is
scheduled. If the applicant fails to appear for the examina-
tion, the work permit shall be revoked unless the applicant
provides just cause to the board as to why the applicant
was unable to appear for the examination.
Section 4. Said chapter is further amended by adding at
the end of Code Section 43-10-9, relating to application for certifi-
cate of registration, a new subsection (h) to read as follows:
"(h) A person licensed to practice barbering under
Chapter 7 of this title shall be eligible to take the master
cosmetologist examination provided for in this Code section
if that person completes a board approved 300 hour pre-
scribed course in an approved cosmetology school, submits
a completed application, and pays the proper fees established
by the board.
Section 5. Said chapter is further amended by striking
Code Section 43-10-20, relating to termination of the State Board
of Cosmetology, and inserting in its place a new Code section
to read as follows:
"43-10-20. For the purposes of Chapter 2 of this title,
'The Act Providing for the Review, Continuation, Reestab-
lishment, or Termination of Regulatory Agencies, the State
Board of Cosmetology shall be terminated on July 1, 1992,
and this chapter and any other laws relating to such board
shall be repealed in their entirety effective on the date speci-
fied in Code Section 43-2-8.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
846
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE BOARD OF NURSING HOME ADMINISTRATORS
REMOVAL OF MEMBERS; POWERS AND DUTIES;
LICENSES; RECIPROCITY; TERMINATION DATE.
Code Title 43, Chapter 27 Amended.
No. 1505 (House Bill No. 1177).
AN ACT
To amend Chapter 27 of Title 43 of the Official Code of Geor-
gia Annotated, relating to nursing home administrators, so as
to change certain definitions regarding to which persons the
boards authority applies; to change the provisions relating to
removal of members from the State Board of Nursing Home
Administrators; to change the general powers and duties of that
board; to change the requirements for licensure; to change the
reciprocity provisions; to provide for the continuation of that
board but provide for the later termination of that board and
the repeal of the laws relating thereto; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 27 of Title 43 of the Official Code of
Georgia Annotated, relating to nursing home administrators,
is amended by striking paragraph (2) of Code Section 43-27-1,
relating to definitions affecting nursing home administrators,
and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Nursing home has the same meaning as pre-
scribed by the Department of Human Resources in the rules
and regulations for nursing homes.
Section 2. Said chapter is further amended by striking
subsection (b) of Code Section 43-27-2, relating to the creation
of the State Board of Nursing Home Administrators, and insert-
ing in its place a new subsection to read as follows:
"(b) The term for all members shall be three years from
the date of appointment. A member may be removed as pro-
GEORGIA LAWS 1986 SESSION
847
vided in Code Section 43-1-17. All vacancies shall be filled
by the Governor for the unexpired terms in accordance with
the requirements for appointment to the vacant position.
Section 3. Said chapter is further amended by striking
Code Section 43-27-4, relating to the boards authority to deter-
mine qualifications of administrators, and inserting in its place
a new Code Section 43-27-4 to read as follows:
"43-27-4. The board shall have sole and exclusive au-
thority to determine the qualifications, skill, and fitness of
any person to serve as an administrator of a nursing home
under this chapter; and the holder of a license under this
chapter shall be deemed qualified to serve as the administra-
tor of a nursing home.
Section 4. Said chapter is further amended by striking
subsection (a) of Code Section 43-27-5, relating to general powers
of the board, and inserting in its place a new subsection to
read as follows:
"(a) The board shall have the following powers and du-
ties:
(1) To issue, renew, and reinstate the licenses of duly
qualified applicants for licensure;
(2) To deny, suspend, revoke, or otherwise sanction
licenses to practice as a nursing home administrator;
(3) To initiate investigations for the purpose of dis-
covering violations of this chapter;
(4) To initiate investigations for the purpose of dis-
covering violations by a nursing home administrator of
the rules, regulations, or statutes of the Department of
Medical Assistance or the Department of Human Re-
sources, provided that the board shall investigate those
violations only after revocation, limitation, or restriction
of participation of the nursing home of which such indi-
vidual is the administrator in the medical assistance pro-
gram or the license issued by the Department of Human
Resources and make written findings as to the causes
of the alleged violations;
848
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) To conduct hearings upon charges into alleged
violations of this chapter;
(6) To prepare or approve all examinations for licen-
sure as a nursing home administrator;
(7) To develop, impose, and enforce standards which
must be met by individuals in order to receive or main-
tain a license as a nursing home administrator;
(8) To conduct a continuing study and investigation
of nursing homes and administrators of nursing homes
within the state for the purpose of improving the stan-
dards imposed for the licensing of such administrators;
and
(9) To adopt such rules and regulations as shall be
reasonably necessary for the implementation and en-
forcement of this chapter. The board shall have the
authority to establish, provide, or approve various ed-
ucation programs or courses for nursing home adminis-
trators and to prescribe rules and regulations requiring
applicants for licenses as nursing home administrators
to attend such programs or courses as a pre-
requisite to their being admitted to the examination or
issued a license and requiring licensed nursing home ad-
ministrators to attend such programs or courses as a
prerequisite to their being issued any license renewal.
Section 5. Said chapter is further amended by striking
subsection (b) of Code Section 43-27-6, relating to requirements
for licensure, and inserting in its place a new subsection to
read as follows:
"(b) The board shall issue licenses as nursing home ad-
ministrators only to persons who:
(1) Are at least 21 years of age;
(2) Are of reputable and responsible character;
(3) Reserved;
(4) Meet the standards and the criteria established
by the board to evidence the applicants qualifications
GEORGIA LAWS 1986 SESSION
849
by training and experience to operate a nursing home,
provided that two years of experience working in a nurs-
ing home shall be equivalent to one year of any academic
education and training requirements established by the
board; and such experience may be substituted without
limitation for such education and training requirements;
and
(5) Satisfactorily pass a written or oral examination,
or both, approved by the board to determine the qualifica-
tions of the applicant to operate a nursing home.
Section 6. Said chapter is further amended by striking
Code Section 43-27-7, relating to reciprocity, and inserting in
its place a new Code section to read as follows:
"43-27-7. The board, in its discretion and otherwise sub-
ject to this chapter and the rules and regulations of the
board promulgated thereunder prescribing the qualifications
for a nursing home administrator license, may issue a license
to a nursing home administrator who has been issued a li-
cense by the proper authorities of any state or issued a certifi-
cate of qualification by any national organization, upon pay-
ment of a fee to be fixed by the board and upon submission
of evidence satisfactory to the board that such other state
or national organization maintains a system and standard
of qualifications and examinations for a nursing home ad-
ministrator license or certificate which is substantially
equivalent to those required in this state.
Section 7. Said chapter is further amended by striking
Code Section 43-27-12, relating to the termination of the board,
and inserting in its place a new Code section to read as follows:
"43-27-12. For the purposes of Chapter 2 of this title,
'The Act Providing for the Review, Continuation, Reestab-
lishment, or Termination of Regulatory Agencies, the State
Board of Nursing Home Administrators shall be terminated
on July 1,1992, and this chapter and any other laws relating
to such board shall be repealed in their entirety effective
on the date specified in Code Section 43-2-8.
Section 8. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
850
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
MOTOR VEHICLE LICENSE PLATES GEORGIA STATE
UNIVERSITY; MORRIS BROWN COLLEGE.
Code Sections 40-2-29.4 and 40-2-29.5 Enacted.
No. 1506 (House Bill No. 1384).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, so as to provide for the issuance
of special license plates to commemorate the seventy-fifth anni-
versary of the founding of Georgia State University; to provide
for the issuance of special license plates to commemorate the
founding of Morris Brown College; 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 licens-
ing of motor vehicles in general, is amended by adding immedi-
ately after Code Section 40-2-29.3 a new Code Section 40-2-29.4
to read as follows:
"40-2-29.4. (a) Georgia State University having been
established as the School of Commerce at the Georgia Insti-
tute of Technology in the 1913-1914 academic year under
the direction of Professor Wayne Sailley Kell, there shall
GEORGIA LAWS 1986 SESSION
851
be issued in 1988 special license plates to commemorate the
seventy-fifth anniversary of the establishment of that univer-
sity.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
seventy-fifth anniversary of the founding of Georgia State
University. It shall not be a requirement that a county name
decal be affixed and displayed on license plates under this
Code section.
(c) In calendar years 1988 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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. Said article is further amended by adding imme-
diately after Code Section 40-2-29.4 a new Code Section 40-2-
29.5 to read as follows:
"40-2-29.5. (a) To commemorate the founding of Mor-
ris Brown College there shall be issued in 1987 special license
plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Morris Brown College. It shall not be a require-
ment that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
852
GENERAL ACTS AND RESOLUTIONS, VOL. I
censing 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, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
MOTOR VEHICLE LICENSE PLATES GEORGIA
SOUTHERN COLLEGE, WEST GEORGIA COLLEGE, AND
ALBANY STATE COLLEGE.
Code Sections 40-2-29.4 and 40-2-29.5 Enacted.
No. 1507 (House Bill No. 1444).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
GEORGIA LAWS 1986 SESSION
853
ing of motor vehicles in general, so as to authorize and direct
the commissioner of revenue to design a special distinctive li-
cense plate for Georgia Southern College, for West Georgia Col-
lege, and for Albany State College; 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 2 of Chapter 2 of Title 40 of the Official
Code of Georgia Annotated, relating to registration and licens-
ing of motor vehicles in general, is amended by adding immedi-
ately after Code Section 40-2-29.3 a new Code Section 40-2-29.4
and a new Code Section 40-2-29.5 to read as follows:
"40-2-29.4. (a) The commissioner shall design a special
distinctive license plate for Georgia Southern College and
for West Georgia College. It shall not be a requirement that
a county name decal be affixed and displayed on license
plates under this Code section.
(b) In calendar years 1987 through 1989, any motor ve-
hicle owner who is a resident of Georgia, upon complying
with the motor vehicle laws relating to registration and li-
censing 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, 1987,
under this Code section shall be used until the expiration
of other seven-year license plates issued on or after January
1, 1983, as provided in Code Section 40-2-29.
(c) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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.
40-2-29.5. (a) To commemorate the founding of Albany
State College there shall be issued in 1987 special license
plates to commemorate the founding of that college.
854 GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The commissioner shall prepare special distinctive
license plates of a design appropriate to commemorate the
founding of Albany State College. It shall not be a require-
ment that a county name decal be affixed and displayed
on license plates under this Code section.
(c) In calendar year 1987, 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, 1987, under this Code
section shall be used until the expiration of other seven-
year license plates issued on or after January 1, 1983, as
provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as pro-
vided 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. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
855
COMPTROLLER GENERAL TITLE CHANGED TO
COMMISSIONER OF INSURANCE IN CERTAIN CODE
SECTIONS; EXCEPTIONS; ELECTIONS.
Official Code of Georgia Annotated Amended.
No. 1508 (House Bill No. 1507).
AN ACT
To amend the Official Code of Georgia Annotated so as to
change the title of the Comptroller General to Commissioner
of Insurance in various Code sections throughout the Official
Code of Georgia Annotated; to provide for exceptions; to provide
for the election, bond, compensation, powers, duties, employees,
and seal of the Commissioner of Insurance; to provide for a
deputy comptroller general and the powers and duties of such
person; to provide for records, warrants, and reports; to provide
for the office of the Commissioner of Insurance and divisions
thereof; to change the provisions relating to the Industrial Loan
Commissioner and the Safety Fire Commissioner; to repeal the
provisions relating to assignment of suitable rooms at the state
capital to the Insurance Department; to correct grammatical
and stylistic errors; to provide for other matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The Official Code of Georgia Annotated is
amended by striking subsection (a) of Code Section 7-3-7, relating
to the creation of the office of industrial loan commissioner,
and inserting in lieu thereof a new subsection (a) of said Code
section to read as follows:
"(a) There is created the office of industrial loan com-
missioner; and the Commissioner of Insurance of the State
of Georgia is designated and constituted the industrial loan
commissioner under this chapter and is invested with all
of the powers and authority provided for such commissioner.
In addition to those powers specifically enumerated, it shall
856
GENERAL ACTS AND RESOLUTIONS, VOL. I
be his duty and authority to supervise generally and to exer-
cise regulatory powers over the making of loans of $3,000.00
or less in the State of Georgia by persons governed and regu-
lated by this chapter.
Section 2. Said Code is further amended by striking subsec-
tion (c) of Code Section 10-1-395, relating to the appointment
and duties of the administrator of the "Fair Business Practices
Act of 1975, and inserting in lieu thereof a new subsection
(c) of said Code section to read as follows:
"(c) The administrator shall receive all complaints un-
der this part. He shall refer all complaints or inquiries con-
cerning conduct specifically approved or prohibited by the
Department of Agriculture, Commissioner of Insurance,
Public Service Commission, Department of Natural Re-
sources, Department of Banking and Finance, or other appro-
priate agency or official of this state to that agency or official
for initial investigation and corrective action other than liti-
gation.
Section 3. Said Code is further amended by striking Code
Section 21-2-9, relating to the date of election for the Governor,
congressmen, and other elected officials, and inserting in lieu
thereof a new Code Section 21-2-9 to read as follows:
"21-2-9. The Governor, Lieutenant Governor, Secretary
of State, Attorney General, State School Superintendent,
Commissioner of Insurance, Commissioner of Agriculture,
Commissioner of Labor, members of Congress, Justices of
the Supreme Court, Judges of the Court of Appeals, judges
of the superior courts, district attorneys, members of the
General Assembly, and county officers shall be elected in
the November election next preceding the expiration of the
term of office.
Section 4. Said Code is further amended by striking Code
Section 21-2-136, relating to the restriction on the number of
offices for which an individual may be nominated or be a candi-
date in any one primary or election, and inserting in lieu thereof
a new Code Section 21-2-136 to read as follows:
"21-2-136. No person shall be nominated, nor shall any
person be a candidate in a primary or election, for more
GEORGIA LAWS 1986 SESSION
857
than one of the following public offices to be filled at any
one election: Governor, Lieutenant Governor, Secretary of
State, Attorney General, State School Superintendent, Com-
missioner of Insurance, Commissioner of Agriculture, Com-
missioner of Labor, United States senator or representative
in Congress, Public Service Commissioner, Justice of the Su-
preme Court, Judge of the Court of Appeals, judge of the
probate court, clerk of the superior court, tax commissioner,
tax collector, sheriff, judge of the superior court, county trea-
surer, county school superintendent, tax receiver, and mem-
bers of the Senate and House of Representatives of the Gen-
eral Assembly.
Section 5. Said Code is further amended by striking subsec-
tion (d) of Code Section 21-2-495, relating to the procedure for
a recount or recanvass of votes and a losing candidates right
to a recount, and inserting in lieu thereof a new subsection
(d) of said Code section to read as follows:
"(d) Any other provision of this Code section to the con-
trary notwithstanding, a candidate for a federal or state
office voted upon by the electors of more than one county,
except the offices of Governor, Lieutenant Governor, Secre-
tary of State, Attorney General, State School Superinten-
dent, Commissioner of Insurance, Commissioner of Agricul-
ture, and Commissioner of Labor, may petition the Secretary
of State for a recount or recanvass of votes, as appropriate,
when it appears that a discrepancy or error, although not
apparent on the face of the returns, has been made. The
recount or recanvass may be ordered in the discretion of
the Secretary of State in any and all counties in which elec-
tors voted for such office, and said recount or recanvass may
be held at any time prior to the certification of the consoli-
dated returns by the Secretary of State. A recount or recan-
vass shall be conducted by the appropriate superintendent
or superintendents in the manner and pursuant to the proce-
dures otherwise provided in this Code section for a recount
or recanvass, as appropriate. The petition to the Secretary
of State pursuant to this Code section shall be in writing
and signed by the person or persons requesting the recount
or recanvass. A petition shall set forth the discrepancies
or errors and any evidence in support of the petitioners
request for a recount or recanvass and shall be verified. The
858
GENERAL ACTS AND RESOLUTIONS, VOL. I
Secretary of State may require the petitioner or other per-
sons to furnish additional information concerning the appar-
ent discrepancies or errors in the counting or canvassing
of votes.
Section 6. Said Code is further amended by striking sub-
paragraph (A) of paragraph (4) of Code Section 21-2-497, relating
to preparation by an election superintendent of four copies of
the consolidated return of an election, and inserting in lieu
thereof a new subparagraph (A) of paragraph (4) of said Code
section to read as follows:
"(A) In the case of election for Governor, Lieutenant
Governor, Secretary of State, Attorney General, State School
Superintendent, Commissioner of Insurance, Commissioner
of Agriculture, and Commissioner of Labor, the returns shall
be sealed up by the superintendent separately from other
returns and shall be transmitted immediately to the Secre-
tary of State;.
Section 7. Said Code is further amended by striking subsec-
tion (b) of Code Section 21-2-501, relating to a majority vote
as a prerequisite for nomination or election and the run-off pro-
cedure for constitutional officers, and inserting in lieu thereof
a new subsection (b) to read as follows:
"(b) In the event no candidate for the office of Governor,
Lieutenant Governor, Secretary of State, Attorney General,
State School Superintendent, Commissioner of Insurance,
Commissioner of Agriculture, or Commissioner of Labor re-
ceives a majority of the whole number of votes cast in the
general election, the Constitutional Officers Election Board
shall continue the election for the office in which no candi-
date received a majority by immediately calling a run-off
election and designating as candidates therein the candi-
dates who received the two highest numbers of votes for
the particular office concerned and who continue in life and
have not declined to continue as a candidate. This run-off
election shall be held on the third Tuesday immediately fol-
lowing the general election. The run-off election shall be a
continuation of the general election for the particular office
concerned, and only the electors who were entitled to vote
GEORGIA LAWS 1986 SESSION
859
in the general election for candidates for that particular
office shall be entitled to vote therein; and only those votes
cast for the persons designated by the Constitutional Officers
Election Board as candidates in such run-off election shall
be counted in the tabulation and canvass of the votes cast.
The provisions of Code Section 21-2-498 relating to the con-
vening of the Constitutional Officers Election Board, trans-
mission of the returns in the general election, and the open-
ing of the returns, their tabulation, canvassing, and
publication shall apply to the run-off elections provided for
by this subsection. On the Tuesday next following the run-
off election, the Constitutional Officers Election Board shall
convene, open, canvass, tabulate, and publish the returns
of the run-off election or elections. The person having the
highest number of votes entitled to be counted in the run-
off election for each of such offices shall be declared duly
elected.
Section 8. Said Code is further amended by striking Code
Section 21-5-2, relating to a declaration of policy under the
"Campaign and Financial Disclosure Act, and inserting in lieu
thereof a new Code Section 21-5-2 to read as follows:
"21-5-2. It is declared to be the policy of this state, in
furtherance of its responsibility to protect the integrity of
the democratic process and to ensure fair elections for the
offices of Governor, Lieutenant Governor, Attorney General,
Secretary of State, Commissioner of Insurance, Commis-
sioner of Agriculture, State School Superintendent, Commis-
sioner of Labor, Public Service Commissioners, district attor-
neys, members of the Georgia House of Representatives and
Georgia Senate, all constitutional judicial officers, and all
county and municipal elected officials, to institute and estab-
lish a requirement of public disclosure of campaign contribu-
tions and expenditures relative to the seeking of such offices,
to the recall of public officials holding elective office, and
to the influencing of voter approval or rejection of a proposed
constitutional amendment or a state-wide referendum. Fur-
ther, it is the policy of this state to require public disclosure
of campaign contributions and expenditures when such are
designed to bring about the approval or rejection by the
voters of any proposed question which is to appear on the
ballot in any county or municipal election.
860
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. Said Code is further amended by striking Code
Section 25-2-2, relating to creation of the office of Safety Fire
Commissioner, and inserting in lieu thereof a new Code Section
25-2-2 to read as follows:
25-2-2. The office of Safety Fire Commissioner is cre-
ated. The Commissioner of Insurance shall be the Safety
Fire Commissioner.
Section 10. Said Code is further amended by striking Code
Section 25-2-6, relating to the head of the Safety Fire Division,
and inserting in lieu thereof a new Code Section 25-2-6 to read
as follows:
25-2-6. The Safety Fire Division of the office of Commis-
sioner of Insurance shall be headed by the state fire marshal
appointed by the Commissioner.
Section 11. Said Code is further amended by striking sub-
section (c) of Code Section 28-6-1, relating to the creation of
the Senate, House, and Governors Committees on Interstate
Cooperation, and inserting in lieu thereof a new subsection (c)
of said Code section to read as follows:
"(c) There is established a committee of administrative
officials and employees of this state to be known officially
as the Governors Committee on Interstate Cooperation and
to consist of five members. Its members shall be: the Commis-
sioner of Insurance, ex officio; the Attorney General, ex offi-
cio; the Secretary of State, ex officio; and two other adminis-
trative officials or employees to be designated by the
Governor. The Governor shall appoint one of the five mem-
bers of this committee as its chairman. In addition to the
regular members, the Governor shall be ex officio an honor-
ary non voting member of this committee.
Section 12. Said Code is further amended by striking Code
Section 33-2-1, relating to the creation of the Department of
Insurance, and inserting in lieu thereof a new Code Section
33-2-1 to read as follows:
"33-2-1. There shall be in the office of the Commissioner
of Insurance a department which shall be called the Insur-
GEORGIA LAWS 1986 SESSION
861
ance Department of the State of Georgia. The chief officer
of such department shall be the Commissioner of Insurance.
The purpose and function of the department and the duties
and powers of the Commissioner shall be those created and
vested by this title.
Section 13. Said Code is further amended by striking sub-
section (a) of Code Section 33-14-6, relating to the grant of corpo-
rate powers and privileges generally, and inserting in lieu
thereof a new subsection (a) of said Code section to read as
follows:
"(a) All corporate powers and privileges to insurance
companies shall be issued and granted by the Secretary of
State upon the terms, liabilities, and restrictions of and sub-
ject to this title and the laws and Constitution of this state.
If from any cause the Secretary of State should be disquali-
fied from issuing and granting said powers, the duties re-
quired by this title to be performed by the Secretary of State
shall be performed by the Commissioner of Insurance.
Section 14. Said Code is further amended by striking para-
graph (2) of Code Section 43-18-92, relating to definitions of terms
relative to contracts for preneed funeral services, and inserting
in lieu thereof a new paragraph (2) of said Code section to read
as follows:
"(2) 'Commissioner means the Commissioner of Insur-
ance.
Section 15. Said Code is further amended by striking Code
Section 43-18-94, relating to the application for a certificate of
authority for the issuance of preneed funeral service contracts,
and inserting in lieu thereof a new Code Section 43-18-94 to
read as follows:
"43-18-94. (a) An application to the Commissioner for
a certificate of authority and all renewals thereof shall be
accompanied by a statement and other matters as required
by this article, and annually thereafter, on or before July
1. Persons applying for or renewing a certificate shall file
such statement by March 1 and shall also file such other
data and information as may be required by the Commis-
862 GENERAL ACTS AND RESOLUTIONS, VOL. I
sioner. Such statement shall be in such form as shall indicate
to the Commissioner the following:
(1) The types of preneed funeral service contracts
proposed to be written and, if a person is bound on July
1, 1967, by a preneed funeral service contract or if the
statement accompanies an application for a renewal of
a certificate of authority:
(A) An itemization of all the outstanding pre-
need funeral service contracts;
(B) The dates upon which such contracts were
entered;
(C) The account numbers of all papers, certifi-
cates, receipts, and directions of all parties involved
in such contracts or having any right thereunder;
and
(D) The amount paid in on each contract and,
if payments are not completed, the amounts intended
to be paid on each contract;
(2) Name and address of place of business of person
offering to write preneed funeral service contracts;
(3) That a person offering the statement had suffi-
cient funds available during the calendar year to perform
his obligations under his contract; and that he has main-
tained 100 percent of the funds received under contracts
issued by himself as described in Code Section 43-18-
96, together with all interest, dividends, or accretions
thereto which have been earned by said funds; and that
he has complied with this article and any rules or regula-
tions of the Commissioner.
Od) If the applicant is an individual, the statement shall
be sworn by him; if a firm or association, by all members
thereof; and, if a corporation, by the president and secretary
thereof.
(c) The fees payable to the Commissioner for issuance
of the original certificate and each annual renewal thereof
GEORGIA LAWS 1986 SESSION
863
shall be $10.00, which sum shall accompany each application
for original certificate and, thereafter, each annual state-
ment.
(d) Upon the Commissioners being satisfied that the
statement and matters which may accompany it meet the
requirements of this article and of his rules and regulations
and if, upon investigation by the Commissioner, it appears
that the principals, including officers, directors, employees,
and agents of the applicant, are of good moral character
and that the applicant has not conducted or is not about
to conduct his business in a fraudulent manner and is autho-
rized to do business in this state, the Commissioner shall
issue to the applicant a certificate of authority or renewal
thereof.
Section 16. Said Code is further amended by striking Code
Section 43-18-95, relating to the requirement that a person hold-
ing a certificate of authority for preneed funeral service con-
tracts keep accurate records, and inserting in lieu thereof a
new Code Section 43-18-95 to read as follows:
"43-18-95. (a) All persons holding a certificate of au-
thority shall keep accurate accounts, books, and records in
this state, including:
(1) Records of all transactions;
(2) Copies of all agreements;
(3) Dates and amounts of payments made and ac-
cepted thereon;
(4) The names and addresses of the contracting par-
ties;
(5) The persons for whose benefit funds are accepted;
and
(6) The names of the depositories of the funds.
Holders of certificates of authority shall make all books and
records pertaining to the trust funds available to the Com-
864
GENERAL ACTS AND RESOLUTIONS, VOL. I
missioner for examination. The Commissioner may at any
time investigate the books, records, and accounts of these
persons with respect to said trust funds and for that purpose
may require the attendance of, and examine under oath,
all persons whose testimony he may require.
(b) The Commissioner is directed to make all known
violations of this article a matter of public record after 30
days written notice to the violator of such violation. The
Commissioner shall be the enforcement officer of this article.
(c) Any person holding a certificate of authority shall
furnish the Commissioner with a certified copy of his bank
statement or statements annually when applying for re-
newal of his certificate of authority, showing the amount
of funds held for preneed funeral services as of January 1
of that year.
Section 17. Said Code is further amended by striking Code
Section 43-18-97, relating to the service charge on preneed fu-
neral service contracts, and inserting in lieu thereof a new Code
Section 43-18-97 to read as follows:
"43-18-97. Any person selling a preneed funeral service
contract shall collect from each purchaser a service charge
of $5.00. All of such fees so collected shall be remitted by
the person collecting the same to the Commissioner at least
once each month.
Section 18. Said Code is further amended by striking Code
Section 43-18-102, relating to revocation, suspension, or refusal
to renew a certificate of authority for preneed funeral service
contracts, and inserting in lieu thereof a new Code Section 43-
18-102 to read as follows:
"43-18-102. The Commissioner may revoke, suspend, or
refuse to renew the certificate of authority of any person
authorized to issue preneed funeral service contracts if, after
notice and hearing held in accordance with Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act, the
Commissioner determines that such person:
(1) Has violated any provision of this article or any
other law of this state regarding the sale of preneed fu-
neral service contracts;
GEORGIA LAWS 1986 SESSION
865
(2) Has intentionally misrepresented or concealed
any material fact in the application for such certificate
of authority;
(3) Has obtained, or attempted to obtain, such certif-
icate of authority by misrepresentation, concealment, or
fraud;
(4) Has knowingly failed to comply with or has vio-
lated any lawful order, rule, or regulation, of the Commis-
sioner regarding preneed funeral service contracts;
(5) Has misappropriated, converted, or illegally
withheld or has failed or refused to pay over upon proper
demand any money entrusted to said person belonging
to the beneficiary under the preneed funeral service con-
tract;
(6) Has materially misrepresented the terms or con-
ditions of a preneed funeral service contract;
(7) Has committed fraudulent or dishonest practices
in the business of selling preneed funeral service con-
tracts; or
(8) Has otherwise demonstrated a lack of trustwor-
thiness or competence to engage in the business of selling
preneed funeral service contracts.
Section 19. Said Code is further amended by striking Code
Section 43-18-104, relating to injunctions relative to preneed
funeral service contracts, and inserting in lieu thereof a new
Code Section 43-18-104 to read as follows:
"43-18-104. In addition to any other penalties as may
be imposed under this article, the Commissioner may bring
a civil action in the superior court in the county of the defen-
dants residence to enjoin any violation or threatened viola-
tion of any provision of this article or any rule, regulation,
or order issued by the Commissioner under this article.
Section 20. Said Code is further amended by striking Code
Section 43-18-105, relating to liquidation proceedings relative
866
GENERAL ACTS AND RESOLUTIONS, VOL. I
to preneed funeral service contracts, and inserting in lieu
thereof a new Code Section 43-18-105 to read as follows:
"43-18-105. The Commissioner may petition the supe-
rior court in the county of residence of a person holding a
certificate of authority to issue preneed funeral service con-
tracts, praying for the issuance of an order to show cause
why the business and affairs of such person should not be
liquidated and a receiver appointed by the court to accom-
plish such purpose if such person has committed any one
or more of the following acts and has failed or refused to
correct such violations within 30 days after having received
written notice from the Commissioner:
(1) Has not maintained the funds received from con-
tracts together with interest, dividends, or accretions
thereto in the unimpaired state described in Code Section
43-18-96;
(2) Has allowed his certificate of authority to lapse
or has had it revoked in accordance with this article
and has not made complete restitution of all funds, depos-
ited with him for preneed funeral service contracts, to
the beneficiaries under the contracts or to those persons
otherwise entitled to the proceeds under the contracts; or
(3) Has otherwise failed to comply with this article
or any rule or regulation promulgated by the Commis-
sioner in pursuance of this article.
Section 21. Said Code is further amended by striking Code
Section 43-18-106, relating to fines, notices, and hearings relative
to preneed funeral service contracts, and inserting in lieu
thereof a new Code Section 43-18-106 to read as follows:
"43-18-106. (a) In addition to any other penalties that
may be imposed under this article, any person who violates
this article or any rule, regulation, or order of the Commis-
sioner issued in pursuance of this article shall be subject
to a civil penalty not to exceed $100.00 per violation for
each day that such violation or violations persist except that
the maximum civil penalty for each violation shall not ex-
ceed $5,000.00.
(b) Any such civil penalty may be imposed by the Com-
missioner only after notice and hearing. In determining the
GEORGIA LAWS 1986 SESSION
867
amount of the penalty, the Commissioner shall consider the
size of the business of the person charged with the violation,
the seriousness of the violation, its impact on the public
at large, and the good faith of the person charged in his
attempts to achieve compliance with this article. The
amount of such penalty may be collected by the Commis-
sioner in the same manner that money judgments are en-
forced in the superior courts of this state.
Section 22. Said Code is further amended by striking Code
Section 43-18-107, relating to enforcement of the laws relating
to preneed funeral service contracts, and inserting in lieu
thereof a new Code Section 43-18-107 to read as follows:
"43-18-107. The administration and enforcement of this
article are vested in the Commissioner, who is directed to
prepare and furnish all forms necessary under this article,
including forms for applications for certificates of authority,
for renewals thereof, for annual statements, for other re-
quired reports, and for preneed funeral service contracts.
The Commissioner is directed to promulgate such regula-
tions, within the standards of this article, considered by him
to be necessary to effectuate the purposes of this article.
Section 23. Said Code is further amended by striking Code
Section 45-12-23, relating to calling of a council to investigate
the incapacity of the Comptroller General, and inserting in lieu
thereof a new Code Section 45-12-23 to read as follows:
"45-12-23. Whenever the Governor receives informa-
tion, deemed by him to be reliable, that the Commissioner
of Insurance, by reason of sickness or other providential
cause, is unable to perform the duties of his office, the Gover-
nor shall call a council to be composed of himself, the Secre-
tary of State, and the Attorney General; and, if such council,
or a majority thereof, after investigation and examination
into the truth of such report, shall, in writing duly signed,
find that such officer is incapable of performing the duties
of his office, the Governor, in case of incapacity of the Com-
missioner of Insurance, shall designate the chief clerk or
other clerk then serving in the office of the Commissioner
of Insurance to perform the duties of the Commissioner of
Insurance during his incapacity. The person so designated
to perform the duties of the Commissioner of Insurance shall
868
GENERAL ACTS AND RESOLUTIONS, VOL. I
give bond with good security in the penal sum of $5,000.00,
payable, conditioned, and to be approved in the same manner
as the bond required by law to be given by the Commissioner
of Insurance. The person designated to perform the duties
of the Commissioner of Insurance shall not receive any com-
pensation in addition to that he was, or is, receiving as clerk,
but any expense incurred in furnishing the bond required
by this Code section and Code Section 45-12-24 shall be borne
by the state. When the person designated under authority
of this Code section and Code Section 45-12-24 shall have
given the bond required and said bond has been approved
as required, he shall be authorized to do everything, perform
every act, and exercise every prerogative or discretion that
the Commissioner of Insurance might do, perform, or exer-
cise under existing law in the absence of his incapacity.
Section 24. Said Code is further amended by striking Code
Section 45-12-24, relating to proceedings upon cessation of inca-
pacity of the Comptroller General, and inserting in lieu thereof
a new Code Section 45-12-24 to read as follows:
"45-12-24. Whenever in the discretion of the council
composed of the Governor, the Secretary of State, and the
Attorney General, as provided in this Code section and Code
Section 45-12-23 or a majority thereof, that the incapacity
of the Commissioner of Insurance has been overcome and
removed, a finding in writing to that effect shall be made
and filed in the Governors office; and thereupon the author-
ity of the person designated to act for the Commissioner
of Insurance shall come to an end and the Commissioner
of Insurance shall assume and perform the duties of his
office. During the period of the incapacity of the Commis-
sioner of Insurance, the salaries due as provided by existing
law shall continue to be paid.
Section 25. Said Code is further amended by striking Chap-
ter 14 of Title 45, relating to the Comptroller General, and in-
serting in lieu thereof a new Chapter 14 to read as follows:
"CHAPTER 14
ARTICLE 1
45-14-1. There shall be a Commissioner of Insurance
who shall be elected at the same time and in the same man-
ner as the Governor is elected.
GEORGIA LAWS 1986 SESSION
869
45-14-2. The Commissioner of Insurance shall give a
bond for the sum of $20,000.00 subject to the same rules
and regulations as the bond of the Secretary of State.
45-14-3. The Commissioner of Insurance shall be the
Safety Fire Commissioner, the Industrial Loan Commis-
sioner, and the Comptroller General.
45-14-4. (a) The Commissioner of Insurance shall be
compensated in the amount and manner provided in Code
Sections 45-7-3 and 45-7-4. He shall also be reimbursed for
actual transportation costs while traveling by public carrier,
the legal mileage rate for use of a personal automobile, and
the actual cost of lodging and meals while away from his
office on official state business as provided in Code Section
45-7-20.
(b) The Commissioner of Insurance shall fix the compen-
sation of the employees of this office including the employees
of all divisions and units, by whatever name called, over
which the Commissioner of Insurance has jurisdiction, ex-
cept that any employees under the merit system shall be
compensated as provided by the laws, rules, and regulations
relative to such system. Employees shall also be reimbursed
for expenses incurred in the performance of their duties.
45-14-5. The Commissioner of Insurance, Safety Fire
Commissioner, Industrial Loan Commissioner, and the
Comptroller General shall have an official seal for each office
of such design as he shall select with the approval of the
Governor. Every certificate and other document or paper
executed by the Commissioner of Insurance, Safety Fire
Commissioner, Industrial Loan Commissioner, or the Comp-
troller General in the pursuance of any authority conferred
upon that office by law and sealed with the seal of that
office and all copies or photographic copies of papers certified
by him and authenticated by said seal shall in all cases be
evidence 'in equal and like manner as the original thereof
and in all cases be primary evidence of the contents of the
original and shall be admissible in any court in this state.
ARTICLE 2
45-14-20. (a) These shall be in the office of the Commis-
sioner of Insurance the office of the Comptroller General
870 GENERAL ACTS AND RESOLUTIONS, VOL. I
of the State of Georgia. The Commissioner of Insurance shall
be the Comptroller General.
(b) It shall be the duty of the Comptroller General:
(1) To keep an account showing the several appro-
priations authorized by law, the time when the same
are drawn from the treasury, in whose favor they are
drawn, and to what fund they are charged;
(2) To examine, check, and countersign all warrants
upon the treasury drawn by the Governor, the President
of the Senate, and the Speaker of the House of Represen-
tatives and to charge the amount thereof to the funds
on which they may be respectively drawn prior to their
being presented to the Fiscal Division of the Department
of Administrative Services for payment;
(3) To audit all accounts against the state and to
allow or reject the same before they are submitted to
the Governor;
(4) To see that no draft or warrant shall be counter-
signed by him to be paid out of any appropriated fund
after the fund has been exhausted; and in such case,
or in any case of illegal payments from the treasury upon
warrants countersigned by the Comptroller General, he
and the director of the Fiscal Division of the Department
of Administrative Services with all their securities shall
be jointly and severally liable upon their several bonds
for the repayment of such amounts with all expenses
of prosecution to the state;
(5) To receive and keep safely and collect all evi-
dences of debt due to the state from any source other
than taxes and to pay over the same to the director of
the Fiscal Division of the Department of Administrative
Services as soon as collected;
(6) To keep a book in which to enter all bonds taken
and to file the originals in his office;
(7) To have made suitable indexes to the record
books in his office; and
GEORGIA LAWS 1986 SESSION
871
(8) To certify under his official seal at all times when
necessary for public use and, on application and payment
of his legal fees therefor, for private use, copies of any
papers kept in his office.
45-14-21. The Comptroller General is authorized and
directed to designate one of his employees as deputy comp-
troller general. In the event the Comptroller General is sick
or for any other reason is absent from his office for three
or more days, the deputy comptroller general shall examine,
check, and countersign any warrants during the absence
of the Comptroller General.
45-14-22. The Comptroller General shall keep in his of-
fice a bound book in which shall be entered in alphabetical
order, the full amount of all annual appropriations setting
forth the amounts under their several heads; all warrants
that he may check and pass, together with the fund on which
they are drawn and the time, amount, and in whose favor
drawn; and all entries necessary for a true exhibit of the
finances of the state.
45-14-23. The Comptroller General shall make an an-
nual report to the Governor, which report shall show, from
his books, a current account of all receipts and payments
between the Fiscal Division of the Department of Adminis-
trative Services and the state including the amount paid
on the drafts of the President of the Senate and the Speaker
of the House of Representatives as reported to him by the
Fiscal Division of the Department of Administrative Ser-
vices.
Section 26. Said Code is further amended by striking Code
Section 46-8-40, relating to the grant of corporate powers and
privileges to railroad companies, and inserting in lieu thereof
a new Code Section 46-8-40 to read as follows:
"46-8-40. All corporate powers and privileges of railroad
companies shall be issued and granted by the Secretary of
State upon the terms, liabilities, and restrictions expressed
in and subject to all the provisions of this chapter and of
the Constitution of Georgia. If by reason of interest in the
872
GENERAL ACTS AND RESOLUTIONS, VOL. I
proposed corporation the Secretary of State is disqualified,
the duties required to be performed by the Secretary of State
shall be performed by the Commissioner of Insurance.
Section 27. Said Code is further amended by striking sub-
section (a) of Code Section 50-5-10, relating to the Electronic
Data Processing-Printing Committee, and inserting in lieu
thereof a new subsection (a) of said Code section to read as
follows:
"(a) There is created within the Department of Admin-
istrative Services the Electronic Data Processing-Printing
Committee. The committee shall consist of the commissioner
of administrative services; the Commissioner of Agriculture;
the commissioner of human resources; the state auditor; the
commissioner of transportation; the Commissioner of Insur-
ance; the state revenue commissioner; and the State School
Superintendent.
Section 28. Said Code is further amended by striking Code
Section 50-13-21, relating to compliance with the filing and hear-
ing requirements of the "Georgia Administrative Procedure
Act by the Safety Fire Commissioner and the Commissioner
of Insurance, and inserting in lieu thereof a new Code Section
50-13-21 to read as follows:
"50-13-21. As to such regulations, standards, and plans
as are required by law to be filed and kept on file with the
office of the Secretary of State, the Commissioner of Insur-
ance, when performing the duties as Safety Fire Commis-
sioner or Commissioner of Insurance, may comply with the
filing requirements of this chapter by filing with the office
of the Secretary of State merely the name and designation
of such regulations, standards, and plans, provided the regu-
lations, standards, and plans are kept on file in the office
of the Commissioner of Insurance by the titles otherwise
applicable under this chapter and the regulations, standards,
and plans are open for public examination and copying. The
Commissioner of Insurance, when performing the duties as
Safety Fire Commissioner or Commissioner of Insurance,
may also satisfy the procedure for conduct of hearings on
contested cases and rule making required under this chapter
by following Chapter 2 of Title 33.
GEORGIA LAWS 1986 SESSION
873
Section 29. Said Code is further amended by striking Code
Section 50-17-50, relating to the creation and membership of
the State Depository Board, and inserting in lieu thereof a new
Code Section 50-17-50 to read as follows:
"50-17-50. The State Depository Board, hereinafter re-
ferred to in this article as the 'board, is created, consisting
of the Governor, the Commissioner of Insurance, the state
auditor, the commissioner of banking and finance, the state
revenue commissioner, and the director of the Fiscal Division
of the Department of Administrative Services, hereinafter
referred to as the 'director, who shall act as administrative
officer of the board. A majority of the board shall constitute
a quorum, and the acts of the majority shall be the acts of
the board. The board, in its discretion, may name and ap-
point, from time to time, as state depositories of state funds
any bank or trust company which has its deposits insured
by the Federal Deposit Insurance Corporation. The board
may also name and appoint as state depositories of state
funds any building and loan association or federal savings
and loan association which has its deposits insured by the
Federal Savings and Loan Insurance Corporation or the
Georgia Credit Union Deposit Corporation. The board is as-
signed to the Department of Administrative Services for ad-
ministrative purposes only as prescribed in Code Section
50-4-3.
Section 30. Said Code is further amended by striking para-
graph (4) of Code Section 50-18-31, relating to the procedure
for distribution of court reports, and inserting in lieu thereof
a new paragraph (4) of said Code section to read as follows:
"(4) The reporter shall make distributions of the reports
in accordance with the following:
Archives, State....................... one copy
Commissioner of Insurance............. one copy
Court of Appeals of Georgia........... 23 copies
(which number may be increased upon
written order from the Chief Judge
to the reporter)
874
GENERAL ACTS AND RESOLUTIONS, VOL. I
Executive Department...,...............
Georgia Institute of Technology........
Georgia State University...............
Historical Society, Georgia............
Human Resources, Department of..........
House Judiciary Committee...........
Labor, Department of..............
Law, Department of (other than State
Library)....V.....................
(which number may be increased upon
written order from the Attorney
General)
Legislative Counsel....................
(which number may be increased upon
written order of the Legislative
Counsel)
Library, State
Exchange Program:
Each foreign government authority
participating......................
Each state participating...........
Shelving...........................
Newly created superior court
circuits or judgeships.................
one copy
one copy
one copy
one copy
one copy
one copy
one copy
six copies
one copy
one copy
one copy
two copies
as appropriate
Whenever a new superior court circuit
or a new judgeship within a circuit
GEORGIA LAWS 1986 SESSION
875
shall be created, if the officer entitled
to reports shall notify the reporter in
writing of his assumption of office, the
reporter shall add his position to those
to receive reports and shall supply him
with all earlier volumes.
Judge of the Probate Court (each county).
Public Service Commission.........
Recipients not named herein but named
on the librarians distribution list as of
the date of his last distribution of the
reports next preceding April 18, 1975
(each).............................
The reporter is authorized to add such
names, in whole or in part, to his list-
ing of distributees to receive future re-
ports.
Reporter
Assistant reporters desk..............
Copyright..............................
Reporters clerical staff................
Reporters desk....~...................
Secretary of State...................
Senate Judiciary Committee...............
Special or emergency circumstances.......
When it shall appear to the reporter that
a worthy state purpose will be served
thereby, he may add agencies or offi-
cers to the list of recipients of reports,
provided that no courts or agencies of
a local nature shall be added to the
list.
one copy
one copy
one copy
one copy
three copies
one copy
one copy
one copy
one copy
as appropriate
876
GENERAL ACTS AND RESOLUTIONS, VOL. I
Superior Courts
Clerks (each)....................... one copy
District Attorneys (each)......!....^ one copy
Judges (each)....................... one copy
Supreme Court of Georgia.............. 18 copies
(which number may be increased upon
written order from the Chief Justice
to the reporter)
United States Courts
Court of Appeals, Fifth Circuit........ one copy
District Courts, Georgia............... four copies
University of Georgia Law School
Library.................................. 25 copies
Workers Compensation, State Board of.... six copies
The reporter may add additional recipients or additional
copies to named recipients upon written order from the Chief
Justice of the Supreme Court; and.
Section 31. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 32. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
877
STATE AUDITOR COMPENSATION.
Code Section 45-7-4 Amended.
No. 1509 (House Bill No. 1550).
AN ACT
To amend Code Section 45-7-4 of the Official Code of Georgia
Annotated, relating to annual salaries and allowances of certain
state officials, so as to change the salary of the state auditor;
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 Geor-
gia Annotated, relating to annual salaries and allowances of
certain state officials, is amended by striking paragraph (6) of
subsection (a) in its entirety and inserting in lieu thereof a new
paragraph (6) to read as follows:
"(6) State auditor........................ 60,000.00.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
878
GENERAL ACTS AND RESOLUTIONS, VOL. I
AD VALOREM TAX EXEMPTION OF CERTAIN
TANGIBLE PERSONAL PROPERTY WITH A FAIR MARKET
VALUE NOT EXCEEDING $500.00; REFERENDUM.
Code Section 48-5-42.1 Enacted.
No. 1510 (House Bill No. 1658).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to property
tax exemptions, so as to exempt from the return and payment
of ad valorem taxes certain tangible personal property if the
value of the property does not exceed $500.00; to provide for
a referendum; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to property
tax exemptions, is amended by adding following Code Section
48-5-42 a new Code Section 48-5-42.1 to read as follows:
"48-5-42.1 (a) It is the intent of this Code section to
exempt from the payment of ad valorem taxation certain
tangible personal property on which the tax due exceeds
the reasonable cost of administering and collecting the
tax.
(b) All tangible personal property of a taxpayer, except
motor vehicles, trailers, and mobile homes, shall be exempt
from all ad valorem taxation if the actual fair market value
of the total amount of taxable tangible personal property
owned by the taxpayer within the county, as determined
by the board of tax assessors, does not exceed $500.00.
GEORGIA LAWS 1986 SESSION
879
Section 2. The Secretary of State shall call and conduct
a referendum for the approval or disapproval of this Act on
the date of and in conjunction with the November, 1986, general
election. The Secretary of State shall cause the date and purpose
of the referendum to be published in the official organ of each
county in the state once a week for two weeks immediately
preceding the date of the referendum. The ballot shall have
written or printed thereon the following:
"( ) YES Shall the Act be approved which
grants an exemption from the pay-
( ) NO ment of ad valorem taxes on certain
tangible personal property if the total
value of taxable tangible personal
property owned by the taxpayer
within the county does not exceed
$500.00?
All persons desiring to vote for approval of the Act shall
vote "Yes, and those persons desiring to vote for rejection of
the Act shall vote "No. If more than one-half of the votes cast
on such question are for approval of the Act, then Section 1
of this Act shall become effective on January 1, 1987, and shall
apply to all tax years beginning on or after that date; otherwise,
Section 1 of this Act shall be void.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
880
GENERAL ACTS AND RESOLUTIONS, VOL. I
EDUCATION SCHOOL BUS DRIVERS; MINIMUM
SALARY.
Code Section 20-2-188 Amended.
No. 1511 (House Bill No. 1662).
AN ACT
To amend Code Section 20-2-188 of the Official Code of Geor-
gia Annotated, relating to pupil transportation provisions of
the "Quality Basic Education Act, so as to change the provisions
relative to the minimum salary for school bus drivers; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 20-2-188 of the Official Code of
Georgia Annotated, relating to pupil transportation provisions
of the "Quality Basic Education Act, is amended by striking
subsection (b) in its entirety and substituting in lieu thereof a
new subsection (b) to read as follows:
"(b) The state board shall establish a schedule of uni-
form minimum salaries that shall be paid by local units to
drivers of school buses, regardless of type of ownership,
which shall be not less than the amount appropriated by
the General Assembly each year but not less than $402.00
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 indepen-
dent systems shall not pay to any bus driver in its employ-
ment a salary less than that prescribed by the uniform mini-
mum 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, re-
gardless 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 sala-
ries shall be used as a standard cost item for the purpose
GEORGIA LAWS 1986 SESSION
881
of calculating the expense of pupil transportation under sub-
section (a) of this Code section. This subsection shall not
apply to student or teacher drivers.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
AID TO FAMILIES WITH DEPENDENT CHILDREN
INCOME EARNED BY PERSONS 18 OR UNDER; SUMMER
YOUTH EMPLOYMENT TRAINING PROGRAM; ADULT
AND YOUTH PROGRAM.
Code Section 49-4-108 Enacted.
No. 1512 (House Bill No. 2001).
AN ACT
To amend Article 5 of Chapter 4 of Title 49 of the Official
Code of Georgia Annotated, relating to aid to families with de-
pendent children, so as to provide that any income earned by
a person aged 18 or under in a job acquired pursuant to a Title
2B Summer Youth Employment Training Program or a Title
2A Adult and Youth Program under the Job Training Partner-
ship Act shall not be deducted from certain payments made
under this article; to provide that such income shall be disre-
garded for a period not exceeding six months per year and shall
be limited to an amount not to exceed $2,000.00; to provide
for all related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 5 of Chapter 4 of Title 49 of the Official
Code of Georgia Annotated, relating to aid to families with de-
882
GENERAL ACTS AND RESOLUTIONS, VOL. I
pendent children, is amended by adding at the end of said article
a new Code Section 49-4-108 to read as follows:
"49-4-108. Notwithstanding any other provision of law,
any income earned by a person aged 18 or under in a job
acquired pursuant to a Title 2B Summer Youth Employment
Training Program or a Title 2A Adult and Youth Program
under the Job Training Partnership Act shall not be de-
ducted from any assistance payments which may be made
to or on behalf of such dependent child pursuant to this
article. Such income shall be disregarded for a period not
exceeding six months per year and shall be limited to an
amount not to exceed $2,000.00.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
FIDUCIARIES INVESTMENTS BY CORPORATE
FIDUCIARIES IN CERTAIN INVESTMENT TRUSTS;
DELIVERY OF COLLATERAL; PRUDENT INVESTOR
STANDARD.
Code Section 53-8-9 Enacted.
No. 1513 (Senate Bill No. 112).
AN ACT
To amend Article 1 of Chapter 8 of Title 53 of the Official
Code of Georgia Annotated, relating to investments authorized
by law for fiduciaries, so as to authorize corporate fiduciaries
GEORGIA LAWS 1986 SESSION
883
to invest in and hold, in addition to other investments authorized
by law, investment trusts registered under the Investment Com-
pany Act of 1940, provided that the portfolio of such fund, com-
pany, or trust is limited to classes of trust investments allowed
by law; to provide for delivery of collateral; to provide for a
constant net asset value or price per share; to provide that corpo-
rate fiduciaries shall not be relieved of any duty or liability
under the prudent investor standard; to provide for related mat-
ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 53 of the Official
Code of Georgia Annotated, relating to investments authorized
by law for fiduciaries, is amended by adding a new Code Section
53-8-9 at the end of said article to read as follows:
"53-8-9. (a) Whenever an instrument or court order
establishing a fiduciary relationship authorizes, permits, re-
quires, or directs a corporate fiduciary with trust powers
under Georgia law to invest funds in direct and general obli-
gations of the United States government, obligations uncon-
ditionally guaranteed by the United States government, or
obligations of the agencies of the United States government
enumerated in Code Section 53-13-54, such fiduciary may
invest in and hold such obligations either directly or in the
form of securities of or other interests in any open-end or
closed-end management type investment company or invest-
ment trust registered under the Investment Company Act
of 1940, as from time to time amended, so long as:
(1) The portfolio of such investment company or in-
vestment trust is limited to such obligations and repur-
chase agreements fully collateralized by such obligations;
(2) Such investment company or investment trust
takes delivery of such collateral, either directly or
through an authorized custodian; and
(3) Such investment company or investment trust
is operated so as to provide a constant net asset value
or price per share.
884
GENERAL ACTS AND RESOLUTIONS, VOL. I
Ob) Nothing contained in this Code section shall be con-
strued as relieving any corporate fiduciary from any duty
or liability it has under the prudent investor standard set
forth in Code Sections 53-8-1 and 53-8-2.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
WHOLESALE SALES CONTRACTS BETWEEN
PRINCIPALS AND THEIR SALES REPRESENTATIVES;
PAYMENTS; DAMAGES; ATTORNEYS FEES.
Code Sections 10-1-700 through 10-1-704 Enacted.
No. 1514 (Senate Bill No. 292).
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 require that certain contracts between certain principals en-
gaged in wholesale sales and their sales representatives must
be in writing; to require that such principals furnish copies of
such contracts to their sales representatives; to provide that
principals who fail to comply with such requirements shall upon
the termination of a contract with a sales representative be
required to make payments of amounts due within a certain
period of time; to provide that failure to make such timely pay-
ment shall create liability for certain exemplary damages and
attorneys fees; to provide for attorneys fees to be awarded
against persons bringing frivolous actions; to provide for all
related matters; to provide for an effective date and for applica-
bility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
885
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 24 to read as follows:
"ARTICLE 24
10-1-700. As used in this article, the term:
(1) 'Commission means compensation accruing to
a sales representative for payment by a principal, the
rate of which is expressed as a percentage of the dollar
amount of orders or sales or as a specified amount per
order or per sale.
(2) 'Principal means a person who does not have
a permanent or fixed place of business in this state and
who:
(A) Manufactures, produces, imports, or distrib-
utes a tangible product for wholesale;
(B) Contracts with a sales representative to so-
licit orders for the product; and
(C) Compensates the sales representative in
whole or in part by commission.
(3) 'Sales representative means a person who con-
tracts with a principal to solicit wholesale orders and
who is compensated in whole or in part by a commission,
but such term does not include one who places orders
or purchases for his own account for resale.
10-1-701. (a) When a principal contracts with a sales
representative to solicit wholesale orders within this state
or within this state and other states, the contract shall be
in writing and shall set forth the method by which the sales
representatives commission is to be computed and paid.
(b) A principal shall provide the sales representative
with a copy of any contract required by subsection (a) of
this Code section to be in writing.
(c) Failure to comply with the requirements of subsec-
tions (a) and (b) of this Code section shall not invalidate a
886
GENERAL ACTS AND RESOLUTIONS, VOL. I
contract; but a principal who fails to comply with subsections
(a) and (b) of this Code section shall, notwithstanding any
contrary provisions of the contract between the parties, be
subject to the provisions of Code Section 10-1-702.
10-1-702. (a) When a contract between a principal and
a sales representative is terminated and the principal in
entering into such contract failed to comply with the provi-
sions of subsection (a) or (b) of Code Section 10-1-701, the
principal shall within 14 days after the termination of the
contract pay all commissions due to the sales representative.
(b) A principal who fails to make timely payment of
commissions as required by subsection (a) of this Code section
shall be liable to the sales representative in a civil action
for:
(1) All amounts due to the sales representative ac-
cording to the terms of the contract;
(2) Exemplary damages in an amount not to exceed
double the amount not timely paid as required by subsec-
tion (a) of this Code section; and
(3) Reasonable attorneys fees actually and reason-
ably incurred by the sales representative in the action.
(c) A person who brings an action under this Code sec-
tion shall, if the court determines that the action is frivolous,
be liable to the defendant for attorneys fees actually and
reasonably incurred by the defendant in defending against
such action.
10-1-703. The provisions of this article may not be
waived; and, in applying the provisions of this article, the
courts of this state shall not recognize any purported waiver
of the provisions of this article, whether by expressed waiver
or by attempt to make a contract or agreement subject to
the laws of another state.
10-1-704. A principal who is not a resident of this state
and who enters into a contract subject to this article is de-
clared to be doing business in this state for purposes of the
GEORGIA LAWS 1986 SESSION
887
exercise of personal jurisdiction over nonresidents under
Code Section 9-10-91.
Section 2. This Act shall become effective July 1, 1986,
and shall apply to contracts entered into on or after said effective
date.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
INTESTATE DECEDENTS REQUIRED SAVINGS
ACCOUNT DEPOSITS OF $2,500.00 OR LESS OF MONEY OF
AN INTESTATE DECEDENT.
Code Section 7-1-239 Amended.
No. 1515 (Senate Bill No. 311).
AN ACT
To amend Code Section 7-1-239 of the Official Code of Georgia
Annotated, relating to authorized transactions involving depos-
its and moneys of intestate decedents, so as to provide that, if
a person is left in possession of moneys not exceeding $2,500.00
of such a decedent, such person shall deposit such moneys into
a savings account in the name of the decedent; 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 7-1-239 of the Official Code of Geor-
gia Annotated, relating to authorized transactions involving de-
posits and moneys of intestate decedents, is amended by striking
888
GENERAL ACTS AND RESOLUTIONS, VOL. I
subsection (e) and inserting in its place a new subsection 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 shall deposit such moneys into a sav-
ings account in the name of the decedent in a financial insti-
tution located in the area of the decedents 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. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
COUNTY SURVEYORS PROHIBITION ON PRIVATE
PRACTICE OF PROFESSIONAL LAND SURVEYING
WITHOUT A LICENSE.
Code Section 36-7-2 Amended.
No. 1516 (Senate Bill No. 348).
AN ACT
To amend Code Section 36-7-2 of the Official Code of Georgia
Annotated, relating to the election, qualifications, commission-
ing, and removal of county surveyors, so as to prohibit county
surveyors who are not licensed by the State Board of Registra-
tion for Professional Engineers and Land Surveyors from engag-
ing in the private practice of professional land surveying; to
GEORGIA LAWS 1986 SESSION
889
provide exceptions; to allow certain county surveyors to qualify
for certification and licensing; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 36-7-2 of the Official Code of Geor-
gia Annotated, relating to the election, qualifications, commis-
sioning, and removal of county surveyors, is amended by adding
at the end thereof a new subsection (c) to read as follows:
"(c) Notwithstanding the provisions of subsection (b) of
this Code section or paragraph (3) of subsection (b) of Code
Section 43-15-29, a county surveyor who is not licensed by
the State Board of Registration for Professional Engineers
and Land Surveyors shall only practice land surveying for
the county and shall not engage in the private practice of
professional land surveying; provided, however, that this
subsection shall not apply to any county surveyor duly
elected and holding office on June 30, 1986, so long as said
person continues to hold the office of county surveyor; pro-
vided, however, that any county surveyor who has a mini-
mum of four years of surveying experience shall be eligible
to take the land surveyor examination and eligible for certifi-
cation as a land surveyor.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
890
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS QUALIFICATION AND NOMINATION OF
CANDIDATES; CONVENTIONS; PETITIONS.
Code Sections 21-2-130, 21-2-132, 21-2-170, and
21-2-172 Amended.
Code Sections 21-2-180 through 21-2-187 Enacted.
No. 1517 (Senate Bill No. 375).
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, known as the "Georgia Election Code, so as to
change the provisions relating to procedures for qualification
of candidates generally; to change certain provisions relating
to filing notice of candidacy; to change the provisions relating
to nomination of certain candidates by petition; to change the
provisions relating to the nomination of certain candidates of
political bodies by convention; to authorize a political body to
nominate certain candidates by convention; to authorize certain
political bodies to nominate certain candidates for public office
by convention; to provide for form and procedures in connection
with petitions to qualify political bodies to nominate certain
candidates for public office by convention; to provide certain
restrictions with respect to such petitions; to provide for exami-
nation of petitions and for judicial review; to provide for the
filing of qualifying petitions in order to have candidates listed
on the general election ballot; 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 21 of the Official Code of
Georgia Annotated, known as the "Georgia Election Code, is
amended by striking Code Section 21-2-130 in its entirety and
inserting in lieu thereof a new Code Section 21-2-130 to read
as follows:
"21-2-130. Candidates may qualify for an election by
virtue of:
(1) Nomination in a primary conducted by a political
party;
GEORGIA LAWS 1986 SESSION
891
(2) Filing a nomination petition either as an inde-
pendent candidate or as a nominee of a political body,
if duly certified by the chairman and the secretary of
the political body as having been nominated in a duly
constituted political body convention as prescribed in
Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly con-
stituted political body convention as prescribed in Code
Section 21-2-172 if the political body making the nomina-
tion has qualified to nominate candidates for state-wide
public office under the provisions of Code Section 21-2-
180;
(4) In the case of an election for presidential elec-
tors, nomination as prescribed by rules of a political
party;
(5) Substitute nomination by a political party or
body or substitute nonpartisan nomination for judge as
prescribed in Code Sections 21-2-134 and 21-2-155, respec-
tively;
(6) Candidacy in a special election as prescribed in
subsection (d) of Code Section 21-2-132;
(7) Incumbent qualifying as a candidate to succeed
such incumbent as prescribed in subsection (d) of Code
Section 21-2-132; or
(8) Nomination in a nonpartisan primary for the
office of judge of a state court, judge of a superior court,
Judge of the Court of Appeals, or Justice of the Supreme
Court as prescribed in Code Section 21-2-138.
Section 2. Said chapter is further amended by striking
in its entirety subsection (d) of Code Section 21-2-132, relating
to filing notice of candidacy and payment of fees, and inserting
in lieu thereof a new subsection (d) to read as follows:
"(d) Each candidate required to file a notice of candi-
dacy by this Code section shall, no earlier than 9:00 A.M.
on the fourth Wednesday in May and no later than 12:00
892
GENERAL ACTS AND RESOLUTIONS, VOL. I
Noon on the first Tuesday in August immediately prior to
the election, file with the same official with whom he filed
his notice of candidacy a nomination petition in the form
prescribed in Code Section 21-2-170, except that such petition
shall not be required if such candidate is:
(1) A nominee of a political party for the office of
presidential elector when such party has held a national
convention and therein nominated candidates for Presi-
dent and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to suc-
ceed such incumbent if, prior to the election in which
such incumbent was originally elected to the office for
which such incumbent seeks reelection, such incumbent
filed a notice of candidacy and a nomination petition
as required by this chapter;
(4) A candidate seeking election to the office of judge
of a state court, judge of a superior court, Judge of the
Court of Appeals, or Justice of the Supreme Court in a
nonpartisan primary; or
(5) A nominee for a state-wide office by a duly consti-
tuted political body convention, provided that the politi-
cal body making the nomination has qualified to nomi-
nate candidates for state-wide public office under the
provisions of Code Section 21-2-180.
Section 3. Said chapter is further amended by striking
in its entirety subsection (b) of Code Section 21-2-170, relating
to nomination of candidates by petition, and inserting in lieu
thereof a new subsection (b) to read as follows:
"(b) A nomination petition of a candidate seeking an
office which is voted upon state wide shall be signed by a
number of voters equal to 1 percent of the total number of
registered voters eligible to vote in the last election for the
filling of the office the candidate is seeking and the signers
of such petition shall be registered and eligible to vote in
GEORGIA LAWS 1986 SESSION
893
the election at which such candidate seeks to be elected. A
nomination petition of a candidate for any other office shall
be signed by a number of voters equal to 5 percent of the
total number of registered voters eligible to vote in the last
election for the filling of the office the candidate is seeking
and the signers of such petition shall be registered and eligi-
ble to vote in the election at which such candidate seeks
to be elected. However, in the case of a candidate seeking
an office for which there has never been an election or seek-
ing an office in a newly constituted constituency, the percent-
age figure shall be computed on the total number of regis-
tered voters in the constituency who would have been
qualified to vote for such office had the election been held
at the last general election and the signers of such petition
shall be registered and eligible to vote in the election at
which such candidate seeks to be elected.
Section 4. Said chapter is further amended by striking
in its entirety subsection (a) of Code Section 21-2-172, relating
to nomination of presidential electors and candidates of political
bodies by convention, and inserting in lieu thereof a new subsec-
tion (a) to read as follows:
"(a) Any political party desiring to nominate its presi-
dential electors by convention, any political body desiring
to nominate its candidates qualifying with petitions by con-
vention, and any political body desiring to nominate its can-
didates for state-wide public office by convention by virtue
of qualifying under Code Section 21-2-180 shall, through its
state executive committee, adopt rules and regulations in
conformity with this Code section governing the holding of
such conventions for the nomination of candidates for any
state, district, or county office. Such rules and regulations
shall be filed with the Secretary of State, and no amendment
to such rules and regulations shall be effective unless filed
with the Secretary of State at least 30 days prior to the
date of such convention. The state party or body chairman
of such political party or body and its secretary shall accom-
pany the filing of such rules and regulations with their certif-
icate certifying that the rules and regulations therein filed
are a true and correct copy of the rules and regulations of
the party pertaining to the nomination of candidates by the
convention method.
894
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Said chapter is further amended by adding at
the end of Article 4 a new Part 4 to read as follows:
"Part 4
21-2-180. Any political body which is duly registered
as provided for in Code Section 21-2-110 is qualified to nomi-
nate candidates for state-wide public office by convention
if:
(1) The political body files with the Secretary of
State a petition signed by voters equal in number to 1
percent of the registered voters who were registered and
eligible to vote in the preceding general election; or
(2) At the preceding general election, the political
body nominated a candidate for state-wide office and such
candidate received a number of votes equal to 1 percent
of the total number of registered voters who were regis-
tered and eligible to vote in such general election.
21-2-181. Petitions to qualify political bodies to nomi-
nate candidates for state-wide public office by convention
shall file with the Secretary of State petitions signed by vot-
ers in the manner provided in this part. Such petitions shall
provide sufficient space for the printing of the voters name
and for the voters signature. No forms other than those
prescribed in this part shall be used for qualifying a political
body to nominate candidates for public office.
21-2-182. Each person signing a political body qualify-
ing petition shall declare therein that such person is a duly
qualified and registered voter of the state, entitled to vote
in the next election for members of the General Assembly,
and shall provide with such persons signature such persons
residence address and county and the date of such persons
signature. No person shall sign the same petition more than
once. Each petition shall support the qualification of only
one political body. No signature shall be valid if made more
than 15 months prior to the submission of the petitions to
the Secretary of State. A signature shall be stricken from
the petition when the signer so requests prior to the presen-
tation of the petitions to the Secretary of State for filing,
GEORGIA LAWS 1986 SESSION
895
but such request shall be disregarded if made after such
presentation.
21-2-183. (a) A petition to qualify a political body to
nominate candidates for public office by convention shall
be on one or more sheets of uniform size, and different sheets
must be used by signers residing in different counties. The
upper portion of each sheet shall bear the name and title
of the Secretary of State and the political body to be formed
by the petition. If more than one sheet is used, they shall
be bound together when offered for filing.
(b) Each sheet shall bear on the bottom or back thereof
the affidavit of the circulator of such sheet setting forth:
(1) The residence address of the circulator;
(2) That each signer manually signed such signers
own name with full knowledge of the contents of the
political body qualifying petitions;
(3) That, to the best of the affiants knowledge and
belief, the signers are registered voters of the State of
Georgia, qualified to sign the petition;
(4) That their respective residences are correctly
stated in the petition; and
(5) That they all reside in the county named in the
affidavit.
21-2-184. A petition to qualify a political body to nomi-
nate candidates for state-wide public office by convention
shall not be amended or supplemented after its presentation
to the Secretary of State for filing.
21-2-185. No petition to qualify a political body shall
be submitted to the Secretary of State for verification after
the first Tuesday in August.
21-2-186. Petitions to qualify a political body to nomi-
nate candidates for state-wide public office by convention
shall be examined and shall be subject to judicial review
896
GENERAL ACTS AND RESOLUTIONS, VOL. I
in the same manner as provided for candidates nominated
by petition pursuant to Code Section 21-2-171.
21-2-187. Political bodies shall hold their conventions
in accordance with Code Section 21-2-172 and candidates
nominated for state-wide public office in convention shall
file a notice of candidacy 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 as prescribed in Code Section 21-2-132; provided, how-
ever, that the political body must file its qualifying petition
no later than the first Tuesday in August following the con-
vention as prescribed in Code Section 21-2-185 in order to
qualify its candidates to be listed on the general election
ballot.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
INSURANCE PROPERTY AND CASUALTY INSURERS;
ITEMIZED ANNUAL REPORTS.
Code Section 33-3-21.1 Enacted.
No. 1518 (Senate Bill No. 384).
AN ACT
To amend Chapter 3 of Title 33 of the Official Code of Georgia
Annotated, relating to authorization and general requirements
for transaction of insurance, so as to require certain insurers
GEORGIA LAWS 1986 SESSION
897
to file itemized annual reports; to provide for the contents of
such reports; to provide for due dates; to provide for compilation
and availability of such reports; 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 authorization and general re-
quirements for transaction of insurance, is amended by inserting
immediately following Code Section 33-3-21 a new Code section,
to be designated Code Section 33-3-21.1, to read as follows:
"33-3-21.1. (a) As part of the annual report of the af-
fairs and operations of an insurer under Code Section 33-
3-21, each insurer licensed to write property and casualty
insurance shall be required by the Commissioner to submit
a report on a form furnished by the Commissioner showing
its direct writings in this state.
(b) The report required by subsection (a) of this Code
section shall include but not be limited to the following types
of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance,
including medical pay insurance;
(2) Products liability insurance;
(3) Medical malpractice insurance;
(4) Architect and engineer malpractice insurance;
(5) Attorney malpractice insurance;
(6) Motor vehicle personal injury protection insur-
ance;
(7) Motor vehicle property liability insurance;
(8) Uninsured motorist insurance;
(9) Underinsured motorist insurance; and
898 GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Commercial casualty or property insurance as
defined in paragraph (1) of Code Section 33-7-3 or Code
Section 33-7-6.
(c) Additionally, the report shall include the following
information:
(1) Direct premiums written;
(2) Direct premiums earned;
(3) Net investment income, including net realized
capital gains and losses, using appropriate estimates
where necessary;
(4) Incurred claims, developed as a sum of, and with
figures provided for, the following:
(A) Dollar amount of claims closed with pay-
ment; plus
(B) Reserves for reported claims at the end of
the current year; minus
(C) Reserves for reported claims at the end of
the previous year; plus
(D) Reserves for incurred but not reported
claims at the end of the current year; minus
(E) Reserves for incurred but not reported claims
at the end of the previous year; plus
(F) Reserves for loss adjustment expense at the
end of the current year; minus
(G) Reserves for loss adjustment expense at the
end of the previous year;
(5) Actual incurred expenses allocated separately to
loss adjustment, commissions, other acquisition costs,
general office expenses, taxes, licenses, fees, and all other
expenses;
GEORGIA LAWS 1986 SESSION
899
(6) Net underwriting gain or loss; and
(7) Net operation gain or loss, including net invest-
ment income.
(d) The annual report shall be due by the first of March
of each year, beginning in 1987, and shall cover the prior
calendar year.
(e) It shall be the duty of the Commissioner annually
to compile and review all such reports submitted by insurers
pursuant to this Code section. The reports shall be published
and made available to the public.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA RESIDENTIAL FINANCE AUTHORITY
POWERS; MEMBERSHIP; LOANS; MORTGAGE CREDIT
CERTIFICATES; RESIDENTIAL ENERGY- CONSERVING
SYSTEMS; FAMILY FARMS.
Code Sections 8-3-171, 8-3-172, 8-3-174, 8-3-176, and
8-3-180 Amended.
Code Section 8-3-178 Repealed.
No. 1519 (Senate Bill No. 420).
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 legislative findings,
determinations, and declarations; to change the purposes of the
900
GENERAL ACTS AND RESOLUTIONS, VOL. I
authority; to change the powers of the authority; to change defi-
nitions; to change the composition of the authoritys member-
ship; to provide for unsecured loans; to provide for mortgage
credit certificates and other advantages and their allocation;
to provide for financial assistance for residential energy-conserv-
ing systems, devices, and measures; to change the procedures
relating to mortgage revenue bond allocations and provide for
interim establishment of such allocations; to change the proce-
dures relating to geographic distribution requirements; to delete
the ability of the authority to finance family farms; to remove
all incidental references to family farms in said Act; to provide
for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 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 Code Section
8-3-171, relating to legislative findings, in its entirety and insert-
ing in lieu thereof a new Code Section 8-3-171 to read as follows:
"8-3-171. (a) It is found, determined, and declared:
(1) That there continues to exist in the state a seri-
ously inadequate supply of and a critical need for safe
and sanitary dwelling accommodations within the finan-
cial means of families and persons of low or moderate
incomes;
(2) That the aforesaid shortage of decent dwelling
accommodations causes overcrowding and congestion in-
imical to the safety, health, convenience, and welfare
of the citizens of the state and otherwise exacerbates
existing slum conditions, which in turn contributes sub-
stantially and increasingly to the spread of disease and
crime; impairs economic values; necessitates excessive
and disproportionate expenditure of public funds for
crime prevention and punishment, public health and
safety, fire and accident protection, and other services;
substantially impairs or arrests the growth of municipali-
ties; aggravates traffic problems; and promotes juvenile
delinquency and other social ills;
GEORGIA LAWS 1986 SESSION
901
(3) That slum areas cannot be cleared nor can the
shortage of safe and sanitary dwellings for persons and
families of low or moderate incomes be relieved through
the ordinary operation of private enterprise; and there-
fore the construction or rehabilitation of housing for such
persons would not be competitive with private enterprise;
(4) That, in order to encourage the investment of
private capital and to encourage private enterprise to
build and rehabilitate such housing so as to alleviate
slum conditions and improve the health, safety, conve-
nience, and welfare of the citizens of the state, provision
should be made for mortgage loans at low interest rates
to housing sponsors which, subject to regulation as to
rents, profits, dividends, and disposition of their property,
will construct and rehabilitate dwelling accommodations,
and other facilities incidental or appurtenant thereto,
for such families and persons of low and moderate in-
comes;
(5) That, in order to inject funds into lending institu-
tions to facilitate the making of loans to families and
persons of low and moderate income for the purchase
of homes, cooperative apartments, and condominiums,
provision should be made for (A) the making of loans
at low interest rates to lending institutions so that such
institutions may in turn make mortgage loans to low
and moderate income families and (B) the purchasing
of mortgage loans from lending institutions upon the con-
dition that the proceeds from such purchases be used
to make mortgage loans to families and persons of low
and moderate income;
(6) That in certain areas of the state there exists
an inadequate supply of and critical need for safe and
sanitary dwelling accommodations which would be neces-
sary to retain or attract to such areas qualified manpower
resources, regardless of their incomes, essential to indus-
trial and commercial operations and development in such
areas, and therefore the establishment of the Georgia
Residential Finance Authority under this part is in the
best interest of all Georgians;
(7) That, in order to encourage the investment of
private capital and to encourage private enterprise to
902 GENERAL ACTS AND RESOLUTIONS, VOL. I
build and rehabilitate housing to retain and attract such
manpower resources referred to in paragraph (6) of this
subsection, provision should be made for mortgage loans
to qualified housing sponsors which, subject to regulation
as to rents, profits, dividends, and disposition of their
property, will construct and rehabilitate dwelling accom-
modations for such manpower resources, regardless of
their income;
(8) That, in order to provide funds for lending insti-
tutions to facilitate the making of loans to persons, re-
gardless of income, who are determined eligible by the
authority in accordance with standards set by the author-
ity to address the shortage of dwelling accommodations
needed to retain or attract industrial or commercial oper-
ations and development in certain areas of the state,
provision should be made for:
(A) Making loans to lending institutions so that
such institutions may in turn make the loans de-
scribed above;
(B) Purchasing such loans from lending institu-
tions; and
(C) Otherwise financing the making of such
loans by lending institutions; and
(9) That energy resources are rapidly depleting in
quantity and rising in price and that the burden of these
occurrences falls heavily upon the citizens of this state;
and that these conditions are harmful to the development
of trade, commerce, industry, and employment opportu-
nities and are adverse to the health, safety, and welfare
of the citizens of this state; and that it is a public purpose
to ensure the availability of financing or grant moneys
or other financial assistance to be used by or to the benefit
of persons and families to install in their residences rea-
sonably priced energy-conserving systems, devices, and
measures.
(b) In accordance with the findings, determinations, and
declarations of subsection (a) of this Code section, it is deter-
GEORGIA LAWS 1986 SESSION
903
mined that it is a valid public purpose, as a matter of public
health, safety, convenience, and welfare, to assist in provid-
ing housing for such low or moderate income families and
persons who would otherwise be unable to obtain adequate
dwellings which they could afford. Further, in accordance
with the findings, determinations, and declarations of subsec-
tion (a) of this Code section, it is determined that it is a
valid public purpose, as a matter of public health, safety,
convenience, and welfare and as a means of developing and
stimulating commercial and industrial operations in certain
areas of the state, to assist in providing dwelling accommoda-
tions for persons, regardless of income, who are determined
eligible by the authority as a means of addressing the hous-
ing shortage problem described in paragraphs (6), (7), and
(8) of subsection (a) of this Code section. Further, in accor-
dance with the findings, determinations, and declarations
of subsection (a) of this Code section, it is determined that
it is a valid public purpose, as a matter of public health,
safety, convenience, and welfare and as a means of decreas-
ing residential energy use so as to make available more
energy for trade, commerce, industry, and employment op-
portunities, to assist in the financing of residential energy-
conserving systems, measures, and devices.
(c) It is further found and declared that the creation
of the Georgia Residential Finance Authority and the carry-
ing out of its corporate purposes are in all respects for the
benefit of the people of this state and are public purposes
within the provisions of the Constitution of Georgia in that
the development and stimulation of trade and commerce
in the housing industry of this state are vital to the public
welfare, create employment opportunities, and lessen unem-
ployment and underemployment in the home construction
and real estate industries, and in that an adequate supply
of money with which to finance safe and sanitary dwelling
accommodations for the people of Georgia is necessary to
the health and welfare of the people of this state, and in
that residential energy conservation is vital to the public
welfare, health, and safety of the people of this state and
is vital to the development of trade, commerce, industry,
and employment opportunities in this state.
Section 2. Said article is further amended by striking Code
Section 8-3-172, relating to definitions, in its entirety and insert-
904
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing in lieu thereof a new Code Section 8-3-172 to read as fol-
lows:
8-3-172. As used in this part, the term:
(1) 'Authority means the Georgia Residential Fi-
nance Authority created by Code Section 8-3-173.
(2) 'Authorized officer means the chairman, vice-
chairman, treasurer, executive director, and secretary
of the authority, and any other person authorized by
resolution of the authority to act as an authorized officer,
which resolution shall be filed with the trustee.
(3) 'Bonds means the bonds issued by the authority.
Such bonds may be general or limited obligations of the
authority. Wherever the word 'bond or 'bonds appears
in Code Section 8-3-183, it shall be deemed to include
the word 'note or 'notes as defined in paragraph (13)
of this Code section.
(4) 'Community facilities means the land, buildings,
improvements, and equipment for such recreational,
community, educational, and commercial facilities as the
authority determines improve the quality of the residen-
tial development for eligible persons and families.
(5) 'Construction loan certificate means a mortgage
backed security which is guaranteed as to principal and
interest by the Government National Mortgage Associa-
tion and which is backed by construction advances in-
sured by the United States Department of Housing and
Urban Development.
(6) 'Development costs means the total of all costs
which are incurred in the development of residential
housing or a housing unit and which are approved by
the authority as reasonable and necessary. Such costs
shall include, but not necessarily be limited to, the follow-
ing:
(A) Cost of land acquisition and any buildings
thereon, including payments for options, deposits, or
contracts to purchase properties on the proposed
GEORGIA LAWS 1986 SESSION
905
housing site or payment for the purchase of such prop-
erties;
(B) Costs of site preparation, demolition, and de-
velopment;
(C) Fees for architectural, engineering, legal, ac-
counting, and other services paid or payable in con-
nection with the planning, execution, and financing
of residential housing;
(D) Cost of necessary studies, surveys, plans, and
permits;
(E) Cost of insurance, interest, financing, taxes,
assessments, and other operating and carrying costs
during construction;
(F) Cost of construction, rehabilitation, recon-
struction, fixtures, furnishings, equipment, machin-
ery, and apparatus related to the real property;
(G) Cost of land improvements, including, with-
out being limited to, landscaping and off-site improve-
ments, whether or not any such cost has been paid
in cash or in a form other than cash;
(H) Necessary expenses in connection with ini-
tial occupancy of residential housing;
(I) A reasonable builders and sponsors profit
and risk fee in addition to job overhead;
(J) An allowance established by the authority
for working capital, contingency reserves, and re-
serves for any anticipated operating deficits during
the early years of occupancy; and
(K) The cost of such other items, including ten-
ant relocation, as the authority shall determine to
be reasonable and necessary for the development of
residential housing.
(7) 'Eligible persons and families means:
906 GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Persons and families in this state who do
not have sufficient income to afford to pay the
amounts at which private enterprise, without feder-
ally aided mortgages or state-aided mortgages, is pro-
viding a substantial supply of decent, safe, and sani-
tary housing and who satisfy income limitations
established by the authority in administrative guide-
lines and procedures established pursuant to the
criteria set forth in subsection (c) of Code Section 8-
3-176; or
(B) Persons and families in this state who be-
cause of their age or physical disability or the age
or physical disability of the head of their household,
as determined by the administrative guidelines and
procedures of the authority established pursuant to
the criteria set forth in subsection (c) of Code Section
8-3-176, are in need of residential housing in a special
location or of a special design, or are in need of sani-
tary, decent, and safe residential housing.
(8) 'Federally aided mortgage means any mortgage
insured or guaranteed by an agency of the United States
government. The term also means any mortgage receiv-
ing special benefits, directly or indirectly, under other
federal laws which are designated specifically to develop
low-income and moderate-income housing and which are
consistent with this part.
(9) 'Land development means that component of
residential housing which includes land, whether on or
off the site, for making, installing, or constructing nonre-
sidential housing improvements which the authority
deems necessary or desirable to prepare such land for
safe and sanitary housing. Such improvements may in-
clude, but not be limited to, water lines and water supply
installations; sewer lines and sewage disposal installa-
tions; steam, gas, and electric lines and installations; and
roads, streets, curbs, gutters, and sidewalks.
(10) 'Lending institution means any bank or trust
company, savings and loan association, savings bank,
credit union, insurance company, or mortgage banker
GEORGIA LAWS 1986 SESSION
907
or mortgage broker authorized to deal in mortgages in-
sured 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 Geor-
gia.
(11) 'Mortgage means a deed to secure debt covering
a fee simple or leasehold estate, which deed is accompa-
nied by a promissory note, the holder of which is either
the authority or a lending institution, where the debt
is secured by real property located in Georgia and either
improved by a residential housing structure or to be im-
proved by a multifamily residential housing structure,
the construction of which is required by the terms of
said deed to secure debt or any associated documents.
(12) 'Notes means the notes issued by the authority.
Such notes may be limited or general obligations of the
authority.
(13) 'Project loan certificate means a mortgage
backed security which is guaranteed as to principal and
interest by the Government National Mortgage Associa-
tion and which is backed by a mortgage insured by the
United States Department of Housing and Urban Devel-
opment, which mortgage is finally endorsed.
(14) 'Qualified housing sponsor means any entity,
whether organized for profit or not, which meets criteria
established by the authority and which has undertaken
to provide housing which will be available for sale or
rent to eligible persons and families upon such terms
and in conformity with administrative guidelines estab-
lished by the authority.
(15) 'Real property means all lands and all fran-
chises and interests in land, including lands under water
and riparian rights, space rights, and air rights, and any
and all other things usually included within said term.
The term also includes any and all interests in such prop-
erty less than full title, such as easements, incorporeal
hereditaments, and other estates, interests, or rights, le-
gal or equitable, including terms for years and liens by
908
GENERAL ACTS AND RESOLUTIONS, VOL. I
way of judgment, mortgage, or otherwise, and the in-
debtedness secured by such liens.
(16) 'Residential housing means a specific work or
improvement within Georgia undertaken primarily to
provide single-family or multifamily dwelling accommo-
dations for eligible persons and families, including the
acquisition, construction, or rehabilitation of real prop-
erty, buildings, and improvements thereto and such com-
munity facilities as may be incidental or appurtenant
thereto.
(17) 'State-aided mortgage means a mortgage loan
for residential housing for the benefit of eligible persons
and families assisted under this part.
Section 3. Said article is further amended by striking para-
graph (b) of Code Section 8-3-174, relating to composition of
the authority, in its entirety and inserting in lieu thereof a
new paragraph (b) to read as follows:
"(b) No more than two public members shall be resi-
dents of the same congressional district. At least two of the
public members shall reside outside of the metropolitan sta-
tistical areas of the state. Public members shall serve four-
year terms, except as otherwise provided by law. Public
members shall continue in office until their successors have
been appointed and have qualified. In the event of a vacancy
in the office of a public member by death, resignation, or
otherwise, the Governor shall appoint a successor to serve
for the balance of the unexpired term. The public members
shall be subject to the code of ethics covering members of
boards, commissions, and authorities as contained in Code
Sections 45-10-3 through 45-10-5 and shall be subject to re-
moval for violation of that code of ethics as provided in those
Code sections. Any vacancy created by any such removal
for cause shall be filled by the Governor.
Section 4. Said article is further amended by striking Code
Section 8-3-176, relating to powers of the authority, in its en-
tirety and inserting in lieu thereof a new Code Section 8-3-176
to read as follows:
"8-3-176. (a) Except as otherwise limited by this part,
the authority shall have the power:
GEORGIA LAWS 1986 SESSION
909
(1) To sue and be sued;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts and all other in-
struments necessary or convenient for the exercise of
its powers and functions under this part;
(4) To make and alter bylaws for its organization
and internal management;
(5) To acquire, hold, and dispose of real and personal
property for its corporate purposes;
(6) To appoint officers, agents, and employees, pre-
scribe their duties and qualifications, and fix their com-
pensation;
(7) To borrow money and to issue notes, bonds, and
other obligations, subject to the approval of the Georgia
State Financing and Investment Commission, and to pro-
vide for the rights of the lenders or holders thereof;
(8) To make loans, the repayment of which is se-
cured by mortgages or security interests or which may
be unsecured as determined by the authority; to partici-
pate in the making of secured loans; to undertake com-
mitments to make secured loans; to acquire and contract
to acquire mortgages or participations therein from lend-
ing institutions, United States government corporations,
the Federal Home Loan Mortgage Corporation, the Fed-
eral National Mortgage Association, or any federal or
state agency; and to enter into advance commitments
to such organizations for the purchase of such mortgages
or participations;
(9) To sell mortgages and security interests at public
or private sale; to negotiate modifications or alterations
in mortgages and security interests; to foreclose on any
mortgage or security interest in default or commence
any action to protect or enforce any right conferred upon
it by any law, mortgage, security agreement, contract,
or other agreement; to bid for and purchase property
910 GENERAL ACTS AND RESOLUTIONS, VOL. I
which was the subject of such mortgage or security inter-
est, at any foreclosure or at any other sale; to acquire
or take possession of any such property; and, in the event
that the authority takes possession of any such property,
to complete and to pay the principal and interest of any
obligations incurred in connection with such property
and to administer, operate, manage, lease, dispose of,
and otherwise deal with such property in such manner
as may be necessary or desirable to protect the interests
of the authority and the holders of its notes, bonds, and
other obligations;
(10) To collect fees and charges in connection with
its loans, commitments, and servicing, including, but not
limited to, reimbursement of costs of financing as the
authority shall determine to be reasonable and as shall
be approved by the authority;
(11) To make and execute contracts for the servicing
of mortgages made or acquired by the authority pursuant
to this part and to pay the reasonable value of services
rendered to the authority pursuant to those contracts;
(12) To encourage research in and demonstration pro-
jects to develop new and better techniques and methods
for increasing the supply of housing for eligible persons
and families;
(13) To accept gifts, grants, loans, or other aid from
the federal government or the state or any persons or
corporations and to agree and comply with any conditions
attached to federal and state financial assistance;
(14) Subject to any agreement with bondholders, to
invest moneys of the authority not required for immedi-
ate use to carry out the purposes of this part, including
the proceeds from the sale of any bonds and any moneys
held in reserve funds, in obligations which shall be lim-
ited to the following:
(A) Bonds or other obligations of the state, or
bonds or other obligations the principal and interest
of which are guaranteed by the state;
GEORGIA LAWS 1986 SESSION
911
(B) Bonds or other obligations of the United
States or of subsidiary corporations of the United
States government fully guaranteed by such govern-
ment;
(C) Obligations of agencies of the United States
government issued by the Federal Land Bank, the
Federal Home Loan Bank, Federal Intermediate
Credit Bank, and Bank for Cooperatives;
(D) Bonds or other obligations issued by any pub-
lic housing agency or municipality in the United
States, which bonds or obligations are fully secured
as to the payment of both principal and interest by
a pledge of annual contributions under an annual
contributions contract or contracts with the United
States government, or project notes issued by any
public housing agency, urban renewal agency, or mu-
nicipality in the United States and fully secured as
to payment of both principal and interest by a requisi-
tion, loan, or payment agreement with the United
States government;
(E) Certificates of deposit of national or state
banks located within the state which have deposits
insured by the Federal Deposit Insurance Corpora-
tion or the Georgia Deposit Insurance Corporation,
and certificates of deposit of federal savings and loan
associations and state building and loan associations
located within the state which have deposits insured
by the Federal Savings and Loan Insurance Corpora-
tion or the Georgia Deposit Insurance Corporation,
including the certificates of deposit of any bank, sav-
ings and loan association, or building and loan associ-
ation acting as depository, custodian, or trustee for
any such bond proceeds; provided, however, that the
portion of such certificates of deposit in excess of the
amount insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insur-
ance Corporation or the Georgia Deposit Insurance
Corporation, if any such excess exists, shall be secured
by deposit with the Federal Reserve Bank of Atlanta,
Georgia, the Federal Home Loan Bank of Atlanta,
912 GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia, or with any national or state bank located
within the state, of one or more of the following secu-
rities in an aggregate principal amount equal at least
to the amount of such excess:
(i) Direct and general obligations of the state
or of any county or municipality in the state;
(ii) Obligations of the United States or sub-
sidiary corporations included in subparagraph (B)
of this paragraph;
(iii) Obligations of agencies of the United
States government included in subparagraph (C)
of this paragraph; or
(iv) Bonds, obligations, or project notes of
public housing agencies, urban renewal agencies,
or municipalities included in subparagraph (D)
of this paragraph; and
(F) Interest-bearing time deposits, repurchase
agreements, reverse repurchase agreements, rate
guarantee agreements, or other similar banking ar-
rangements with a bank or trust company having
capital and surplus aggregating at least $50 million
or with any government bond dealer reporting to,
trading with, and recognized as a primary dealer by
the Federal Reserve Bank of New York having capital
aggregating at least $50 million or with any corpora-
tion which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant
to the requirements of the Bank Holding Company
Act of 1956, provided that each such interest-bearing
time deposit, repurchase agreement, reverse repur-
chase agreement, rate guarantee agreement, or other
similar banking arrangement shall permit the mon-
eys so placed to be available for use at the time pro-
vided with respect to the investment or reinvestment
of such moneys;
(15) To acquire or contract to acquire from any per-
son, firm, corporation, municipality, or federal or state
GEORGIA LAWS 1986 SESSION
913
agency, by grant, purchase, or otherwise, leaseholds, real
or personal property, or any interest therein; and to sell,
assign, exchange, transfer, convey, lease, mortgage, or
otherwise dispose of or encumber the same. Nothing in
this part shall be deemed to impede the operation and
effect of local zoning, building, and housing ordinances,
or ordinances relating to subdivision control, land devel-
opment, or fire prevention, or other ordinances having
to do with housing or the development thereof;
(16) To invest any moneys held in debt service funds
or sinking funds not required for immediate use or dis-
bursement in obligations of the types specified in para-
graph (14) of this subsection, provided that, for the pur-
poses of this paragraph, the amounts and maturities of
such obligations shall be based upon and correlated to
the debt service (principal installments and interest pay-
ments) schedule for which such moneys are to be applied;
(17) To make and contract to make loans to lending
institutions on such terms and conditions as it shall de-
termine. All lending institutions are authorized to bor-
row from the authority in accordance with subsection
(e) of Code Section 8-3-177 and the administrative guide-
lines established by the authority pursuant to criteria
set forth in this Code section;
(18) To enter into agreements with qualified housing
sponsors providing for regulation by the authority of the
planning, development, and management of any residen-
tial housing undertaken by such qualified housing spon-
sors and the disposition of the property and franchises
of such qualified housing sponsors;
(19) To procure insurance against any loss in connec-
tion with its property and other assets;
(20) To participate in the making of or to make loans
to mortgagees and to take collateral approved by the
authority as security for such loans, provided that the
authority shall first obtain such written assurances as
shall be satisfactory to it that the proceeds of such loans
will be used, as early as practicable, for the making of
914 GENERAL ACTS AND RESOLUTIONS, VOL. I
or investment in residential housing for the benefit of
eligible persons and families or that other moneys in
an amount approximately equal to such proceeds shall
be committed and used for such purpose;
(21) To provide technical, consultative, and project
assistance services to the state, political subdivisions of
the state, local governing authorities, other public enti-
ties, and private entities and to enter into contracts with
the state, political subdivisions of the state, local govern-
ing authorities, other public entities, and private entities
to provide such services. The authority shall only render
such assistance to other public entities and private enti-
ties for a reasonable fee. The state, political subdivisions
of the state, and local governing authorities are autho-
rized to enter into contracts with the authority for such
services and to pay for such services as may be provided
them;
(22) To provide advisory, consultative, technical,
training, and educational services to existing or potential
qualified housing sponsors;
(23) To undertake and carry out studies and analyses
of housing needs within the state and ways of meeting
such needs;
(24) To lease real or personal property and to accept
federal funds for and participate in programs of leased
public housing pursuant to Section 10 or Section 23 of
the United States Housing Act of 1937, as amended, and
pursuant to the Housing and Community Development
Act of 1974;
(25) To issue to eligible persons and families acquir-
ing, improving, or rehabilitating single-family residential
housing in Georgia mortgage credit certificates or any
other federal income tax credit or other advantage under
Section 103A of the Internal Revenue Code. The author-
ity shall have the power and the authority to take all
steps, make all conditions, and do all things necessary
in order to issue such certificates, credit, or other advan-
tage, including, but not limited to, enforcing and carrying
GEORGIA LAWS 1986 SESSION
915
out that program. The issuance of such certificates,
credit, or other advantage shall not constitute a bond,
note, or other obligation of the authority;
(26) To do any and all things necessary or convenient
to carry out its purposes and exercise the powers given
and granted in this part;
(27) To make loans, grants, or otherwise provide fi-
nancial assistance to persons and families to install resi-
dential energy-conserving systems, devices, and mea-
sures;
(28) To use income earned on any investment autho-
rized in paragraph (14) of this subsection for such corpo-
rate purposes of the authority as the authority in its
discretion shall determine and provide;
(29) To acquire and enter into commitments to ac-
quire construction loan certificates and project loan cer-
tificates with bond proceeds and to pledge or otherwise
to use any such construction loan certificates or project
loan certificates in such manner as the authority deems
in its best interest to secure or otherwise to provide a
source of repayment for its bonds;
(30) To issue bonds and to purchase, make, or other-
wise finance mortgages on single-family and multifamily
residential housing for the benefit of persons and families
in this state, regardless of their income, for whom, as
determined by the administrative guidelines and proce-
dures of the authority, construction of new or rehabili-
tated dwelling accommodations in some area or areas
of this state designated by the authority is necessary
for the purpose of retaining in or attracting to such area
or areas qualified manpower resources essential to indus-
trial and commercial operations and development in such
area or areas. This power exists without consideration
being given to the income of the mortgagors notwith-
standing any references in the 'Georgia Residential Fi-
nance Authority Act, including definitions contained
therein, to low and moderate income requirements apply-
ing to mortgagors benefiting from bond issues and from
916 GENERAL ACTS AND RESOLUTIONS, VOL. I
loans made, purchased, or otherwise financed by the au-
thority. This power also shall be exempt from the geo-
graphic distribution requirements contained in subsec-
tion (d) of this Code section; and
(31) Subject to any agreement with bondholders, to
invest moneys of the authority not required for immedi-
ate use to carry out the purposes of this part, including
the proceeds from the sale of any bonds and any moneys
held in reserve funds, in obligations of the types specified
in paragraph (14) of this subsection by making or enter-
ing into short sales, future and forward delivery con-
tracts, whether or not legally characterized as commodi-
ties, and arbitrage transactions and option contracts,
whether or not denominated as standby commitments.
(b) The authority shall not have the power of eminent
domain.
(c) The authority shall establish administrative guide-
lines as to limitations for eligible persons and families for
the purposes of paragraph (7) of Code Section 8-3-172 in ac-
cordance with the following considerations:
(1) The amount of total income of such persons and
families available for housing needs;
(2) The size of the family;
(3) The conditions and costs of obtaining and main-
taining existing and available housing facilities; and
(4) The costs of obtaining and maintaining newly
constructed housing facilities, including considerations
of the total development 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.
(d) Over the course of a calendar year, at least one-
third of the single-family housing units financed by the au-
thority shall be in the metropolitan statistical areas of this
state and one-third of the single housing units financed by
GEORGIA LAWS 1986 SESSION
917
the authority shall be outside of the metropolitan statistical
areas of this state. For the purpose of this geograhic distribu-
tion requirement, no county with a population of less than
50,000 shall be considered as being within a metropolitan
statistical area of this state. No geographic distribution re-
quirement shall apply to multifamily housing units financed
by the authority.
(e) Code Section 44-14-5 shall not be applicable to mort-
gage loans purchased, made, or otherwise financed by the
authority.
(f) The authority shall have the power to pay or credit
to the mortgagors or to pay to the United States a portion
of the earnings from nonmortgage investments made with
the proceeds of a bond issue, as required by the Mortgage
Subsidy Bond Tax Act of 1980.
(g) (1) As used in this subsection, 'urban residential
finance authority means an authority created pursuant
to the 'Urban Residential Finance Authorities Act for
Large Municipalities, approved April 18, 1979 (Ga. L.
1979, p. 4662), as amended; and 'housing authority
means an authority created pursuant to Article 1 of this
chapter, known as the 'Housing Authorities Law.
(2) The 'state ceiling on single-family residential
housing bonds and mortgage credit certificates, which
is imposed by and defined in the Mortgage Subsidy Bond
Tax Act of 1980, shall be allocated in Georgia between
the Georgia Residential Finance Authority, urban resi-
dential finance authorities, and housing authorities as
provided in this subsection.
(3) (A) Subject to the limitations of Code Section
8-3-180, the Georgia Residential Finance Authority
may issue single-family residential housing bonds and
mortgage credit certificates for any calendar year in
an amount not to exceed 70 percent of the state ceiling
for that year.
(B) Subject to the limitations provided by the
laws applicable to such authorities, all of the urban
918
GENERAL ACTS AND RESOLUTIONS, VOL. I
residential finance authorities may issue single-fam-
ily residential housing bonds and mortgage credit
certificates for any calendar year in an amount not
to exceed 15 percent of the state ceiling for that
year.
(C) Subject to the limitations provided by the
laws applicable to such authorities, all of the housing
authorities may issue single-family residential hous-
ing bonds and mortgage credit certificates for any
calendar year in an amount not to exceed 15 percent
of the state ceiling for that year.
(4) Each housing authority wishing to participate
in the allocation specified in subparagraph (C) of para-
graph (3) of this subsection shall submit to the executive
director of the Georgia Residential Finance Authority:
(A) To issue single-family residential housing
bonds:
(i) A resolution adopted by the board of direc-
tors of the housing authority stating the need and
the intention of the authority to issue bonds for
single-family residential units and stating the
amount of the bond issue requested; and
(ii) A duplicate original of a signed agree-
ment between the housing authority and a pro-
posed underwriter or purchaser of the bonds
evidencing the underwriters or purchasers
intention to buy the bonds; and
(B) To issue mortgage credit certificates:
(i) A resolution adopted by the board of direc-
tors of the housing authority stating the need and
intention of the authority to issue mortgage credit
certificates for single-family residential units and
the amount of election not to issue single-family
residential housing bonds; and
GEORGIA LAWS 1986 SESSION
919
(ii) Documentation of the housing authoritys
applicable limit of the state ceiling, the amount
of single-family residential housing bonds issued
or committed, and any other election or elections
not to issue single-family residential housing
bonds made within the previous two years and
on file with the Internal Revenue Service.
(5) Upon the receipt of the material specified in par-
agraph (4) of this subsection, the Georgia Residential Fi-
nance Authority shall commit to the housing authority
which submitted the material the amount of the bonds
or mortgage credit certificates requested from the alloca-
tion specified in subparagraph (C) of paragraph (3) of
this subsection. Such commitment shall be binding for
120 days following the receipt by the Georgia Residential
Finance Authority of the material specified in paragraph
(4) of this subsection.
(6) If a housing authority which requested a bond
issue under paragraph (4) of this subsection fails to sell
the bonds or to have issued at least one mortgage credit
certificate within the 120 day period specified in para-
graph (5) of this subsection, the commitment made under
said paragraph (5) shall be null and void and, if a mort-
gage credit certificate program is not implemented
within the 120 day limit, then the housing authority shall
take all steps necessary to revoke any election not to
issue single-family residential housing bonds filed with
the Internal Revenue Service in the manner required
by federal law and regulation and provide the Georgia
Residential Finance Authority with a copy of such revo-
cation. If the bonds are sold by the housing authority
or if the housing authority implements its mortgage
credit certificate program by commencing issuance of
mortgage credit certificates, the authority shall notify
the executive director of the Georgia Residential Finance
Authority and the allocation for housing authorities shall
be reduced by the amount of the bonds sold and the
amount requested for the mortgage credit certificate pro-
gram.
920
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Any unused portion of any allocation not com-
mitted for bond sale or for mortgage credit certificates
by September 1 of each calendar year shall be made avail-
able after that date to any authority specified in subpara-
graphs (A), (B), and (C) of paragraph (3) of this subsection,
provided that any bond sale or election not to issue single-
family residential housing bonds approved after Septem-
ber 1 shall be subject to the procedures specified in para-
graph (4) of this subsection; provided, further, that the
Georgia Residential Finance Authority may reserve the
full amount of any remaining allocation after September
1 for its own use notwithstanding the 70 percent limita-
tion in subparagraph (A) of paragraph (3) of this subsec-
tion or any other distribution formulas in the Mortgage
Subsidy Bond Tax Act of 1980.
(8) When the total amount of an allocation has been
committed for bond sale, the executive director of the
Georgia Residential Finance Authority shall notify the
authorities affected by such allocation.
Section 5. Said title is further amended by striking in its
entirety Code Section 8-3-178, relating to loans by the authority
for family farm purposes.
Section 6. Said title is further amended by striking para-
graph (1) of subsection (a) of Code Section 8-3-180, relating to
issuance of bonds, in its entirety and inserting in lieu thereof
a new paragraph (1) to read as follows:
"(1) The authority shall have the power and is autho-
rized at one time or from time to time to issue its negotiable
revenue bonds in such principal amounts as, in the opinion
of the authority, shall be necessary to provide sufficient funds
for achieving the corporate purposes thereof, including, but
not limited to, the making, purchasing, participation in mak-
ing, and purchasing of participations in mortgage loans for
the acquisition, construction, or rehabilitation of residential
housing for eligible persons and families, and for the acquisi-
tion, construction, or rehabilitation of community facilities
appurtenant thereto; and for the acquisition of construction
GEORGIA LAWS 1986 SESSION
921
loan certificates and project loan certificates to finance the
making of mortgage loans in connection with acquisition,
construction, or rehabilitation of residential rental housing;
the payment of interest on bonds of the authority; the estab-
lishment of reserves to secure such bonds; and all other ex-
penditures of the authority incident to and necessary or con-
venient to carry out its corporate purposes and powers.
Section 7. Said title is further amended by striking para-
graph (4) of subsection (a) of Code Section 8-3-180, which reads
as follows:
"(4) The authority shall not have outstanding at any
one time bonds and notes for its family farm program in
an aggregate principal amount exceeding $100 million, ex-
cluding bonds and notes issued to refund outstanding bonds
and notes.,
and inserting in its place the following:
"(4) Reserved.
Section 8. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 9. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
922
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROPERTY ABATEMENT OF HAZARDS FROM
ABANDONED WELLS OR HOLES; COSTS; COUNTY WORK
CREWS; PRIVATE CONTRACTORS.
Code Section 44-1-14 Amended.
No. 1520 (Senate Bill No. 421).
AN ACT
To amend Code Section 44-1-14 of the Official Code of Georgia
Annotated, relating to abatement of hazards from abandoned
wells or holes, so as to change a definition; to change the condi-
tions under which approval of owners or possessors of private
property is required prior to abating certain hazards and to
authorize a county to expend county funds for such abatement
and recover costs of such abatement; to authorize the use of
county work crews and private contractors in such abatement;
to provide for an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 44-1-14 of the Official Code of Geor-
gia Annotated, relating to abatement of hazards from abandoned
wells or holes, is amended by striking that Code section and
inserting in its place a new Code section to read as follows:
"44-1-14. (a) As used in this Code section, the term
'abandoned well or hole means any manmade opening upon
the surface of the earth which is ten feet or more in depth
and which has not been used for a period of 60 days. The
term does not include ditches; sand or gravel pits; or stone,
marble, or slate quarries; clay pits; surface mines as defined
in the 'Georgia Surface Mining Act of 1968; or geologic bore-
holes as defined in the 'Water Well Standards Act of 1985.
(b) Whenever it is brought to the attention of any person
that an open abandoned well or hole, as defined in subsection
(a) of this Code section, exists on public or private property,
such person shall immediately inform the governing author-
GEORGIA LAWS 1986 SESSION
923
ity of the county in which the hazard exists. The governing
authority shall inform the owner or possessor of the land
upon which the hazard exists. The governing authority of
any such county is authorized to use county work crews,
private contractors, or any inmate labor within the county
to abate the hazard either by covering, filling, or otherwise.
When the hazard exists on private property, the governing
authority shall first obtain the permission of the owner or
possessor of the property before proceeding with any action
in regard to abating the hazard existing on the private prop-
erty. Upon approval by the owner or possessor of the private
property, the governing authority may use county work
crews, private contractors, or inmate labor; but in no case
shall any work other than making the hazard safe be done
on private property.
(c) If the abandoned well or hole is located on private
property and the owner or possessor of the property cannot
be located or is not known, the governing authority of the
county may abate the hazard without the prior approval
of the owner or possessor.
(d) The governing authority of the county is authorized
to recover the reasonable costs of filling or covering the aban-
doned well or hole located on private property from the
owner or possessor of said property.
(e) The governing authority of the county is authorized
to expend county funds to accomplish the purpose of this
Code section.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
924
GENERAL ACTS AND RESOLUTIONS, VOL. I
EDUCATION SCHOOL FOOD SERVICE PERSONNEL;
SICK LEAVE.
Code Sections 20-2-1190 through 20-2-1192 Enacted.
No. 1521 (Senate Bill No. 438).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to elementary and secondary education, so
as to provide for sick leave for school food service personnel;
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. Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to elementary and secondary educa-
tion, is amended by adding at the end thereof a new Article
28 to read as follows:
"ARTICLE 28
20-2-1190. The State Board of Education shall establish
by rules or regulations a system of allotment of state funds
to local school systems to provide five days sick leave for
each fiscal school year for each full-time school food service
manager and each full-time school food service employee.
20-2-1191. The rules or regulations of the State Board
of Education adopted pursuant to Code Section 20-2-1190
shall be subject to the following requirements:
(1) School food service managers and employees who
are eligible for membership in the Public School Employ-
ees Retirement System shall qualify for sick leave under
this article;
(2) Funds for sick leave shall be allotted on the basis
of the state-wide average compensation for full-time
GEORGIA LAWS 1986 SESSION
925
school food service managers and the state-wide average
compensation for full-time school food service employees
as such averages are determined by the State Board of
Education; and
(3) Unused sick leave shall be accumulated from one
school year to the next up to a maximum of ten days.
20-2-1192. The funds necessary to carry out the provi-
sions of this article shall come from funds appropriated by
the General Assembly to the State Board of Education for
the purpose of paying the cost of providing sick leave for
school food service personnel.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
EMPLOYMENT SECURITY LAW NONPROFIT
ORGANIZATIONS; DEPARTMENT MAY SECURE
SECURITY BONDS FOR EMPLOYERS AND DEFRAY COSTS;
REIMBURSABLE SECURITY DEPOSITS.
Code Section 34-8-123 Amended.
No. 1522 (Senate Bill No. 473).
AN ACT
To amend Code Section 34-8-123 of the Official Code of Geor-
gia Annotated, relating to financing of benefits paid employees
of nonprofit organizations under the "Employment Security
Law, so as to provide that, in the discretion of the Commissioner
of Labor, the Department of Labor may secure security bonds
for employers and defray all or any portion of the costs of such
bonds to the covered employers; to change other provisions relat-
926
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing to reimbursable security deposits; to provide for certain tech-
nical corrections; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 34-8-123 of the Official Code of
Georgia Annotated, relating to financing of benefits paid employ-
ees of nonprofit organizations under the "Employment Security
Law, is amended by striking subsection (d) in its entirety and
inserting in lieu thereof a new subsection (d) to read as follows:
"(d) For the purposes of this subsection, a surety bond
is a bond of surety issued by an organization licensed and
authorized to issue such bond in the State of Georgia. In
the discretion of the Commissioner, any organization that
elects to become liable for payments in lieu of contributions
shall be required, within 30 days after the effective date of
its election, to execute and file with the Commissioner a
cash deposit or surety bond approved by the Commissioner.
In the sole discretion of the Commissioner, the Department
of Labor may secure such bonds and defray all or any portion
of such cost to the employers covered under the bond. Not-
withstanding any other provisions of this subsection, no pri-
vate, nonprofit institution of higher education shall be re-
quired to execute and file with the Commissioner a deposit
of any kind whatsoever under this subsection and failure
to execute and file such a deposit shall not in any way affect
the rights of any private, nonprofit institution of higher edu-
cation under this Code section. In the event the Commis-
sioner elects to require any organization to execute and file
a cash deposit or surety bond, the amount of such deposit
or surety bond shall be determined in accordance with the
following provisions:
(1) The amount of the surety bond or cash deposit
required by this subsection shall be equal to 2.7 percent
of the organizations total wages paid for employment,
as defined in paragraph (1) of subsection (b) of Code Sec-
tion 34-8-51, for the four calendar quarters immediately
preceding the effective date of the election, the renewal
date in the case of a surety bond, or a biennial anniver-
GEORGIA LAWS 1986 SESSION
927
sary of the effective date of election in the case of a deposit
of money, whichever date shall be most recent and appli-
cable. If the organization did not pay wages in each of
such four calendar quarters, the amount of the surety
bond or cash deposit shall be as determined by the Com-
missioner.
(2) Any surety bond deposited under this subsection
shall be in force for a period of not less than two full
calendar years and shall be renewed, with the approval
of the Commissioner, at such times as the Commissioner
may prescribe, but not less frequently than at two-year
intervals as long as the organization continues to be lia-
ble for payments in lieu of contributions. The Commis-
sioner shall require adjustments to be made in a previ-
ously filed bond as he deems appropriate. If the bond
is to be increased, the adjusted bond shall be filed by
the organization within 30 days of the date notice of
the required adjustment was mailed or otherwise deliv-
ered to it. Failure by any organization covered by such
bond to pay the full amount of payments in lieu of contri-
butions when due, together with any applicable interest
and penalties provided for in paragraph (4) of subsection
(c) of this Code section, shall render the surety liable
on said bond to the extent of the bond, as though the
surety was such organization.
(3) Any deposit of money in accordance with this
subsection shall be retained by the Commissioner in an
escrow account until liability under the election is termi-
nated, at which time it shall be returned to the organiza-
tion less any deductions as hereinafter provided. The
Commissioner may deduct from the money deposited un-
der this subsection by an organization to the extent neces-
sary to satisfy any due and unpaid payments in lieu of
contributions and any applicable interest and penalties
provided for in paragraph (4) of subsection (c) of this
Code section. The Commissioner shall require the organi-
zation, within 30 days following any deduction from a
money deposit under the provisions of this paragraph,
to deposit sufficient additional moneys to make whole
the organizations deposit at the prior level. The Commis-
sioner may at any time review the adequacy of the deposit
928 GENERAL ACTS AND RESOLUTIONS, VOL. I
made by any organization. If as a result of such review
he determines that an adjustment is necessary, he shall
require the organization to make additional deposits
within 30 days of written notice of his determination
or shall return to it such portion of the deposit as he
no longer considers necessary, whichever action is appro-
priate.
(4) If any organization subject to this subsection fails
to file a surety bond or make a cash deposit or to file a
surety bond in an increased amount or to increase or
make whole the amount of a previously made cash de-
posit as provided under this subsection, the Commis-
sioner may terminate such organizations election to
make payments in lieu of contributions, and such termi-
nation shall continue for not less than the four consecu-
tive calendar quarter periods beginning with the quarter
in which such termination becomes effective; provided,
however, that the Commissioner may extend for good
cause the posting of a cash deposit, the filing of a surety
bond, or the extension of an adjustment period by not
more than 30 days.
(5) The Commissioner may allow the deposit of secu-
rities acceptable to him in lieu of either the cash deposit
or surety bond referred to in this subsection. The value
of securities deposited shall be in accordance with regula-
tions prescribed by the Commissioner.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
929
DRUGS REGISTRATION OF PERSONS, FIRMS, OR
CORPORATIONS SELLING OR DISTRIBUTING DRUGS AT
WHOLESALE; REPORTS ON CONTROLLED SUBSTANCES;
PENALTIES; PRACTITIONERS PROHIBITED FROM
PURCHASING FROM CERTAIN PERSONS, FIRMS, OR
CORPORATIONS.
Code Section 26-4-120 Amended.
No. 1523 (Senate Bill No. 482).
AN ACT
To amend Article 2 of Chapter 4 of Title 26 of the Official
Code of Georgia Annotated, relating to pharmaceutics and the
State Board of Pharmacy, so as to change the provisions relating
to registration of persons, firms, or corporations engaged in the
business of selling or distributing drugs at wholesale; to provide
fees for renewal of registrations; to require drug wholesalers,
distributors, and suppliers to submit monthly reports to the
State Board of Pharmacy accounting for all transactions involv-
ing certain controlled substances; to require drug wholesalers,
distributors, and suppliers to submit periodic reports relative
to excessive purchases of controlled substances; to provide for
rules and regulations; to provide an exception; to provide penal-
ties for persons, firms, or corporations in violation of certain
registration or reporting requirements; to prohibit practitioners
from purchasing controlled substances or dangerous drugs from
certain persons, firms, or corporations; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 4 of Title 26 of the Official
Code of Georgia Annotated, relating to pharmaceutics and the
State Board of Pharmacy, is amended by striking Code Section
26-4-120 in its entirety and inserting in lieu thereof a new Code
Section 26-4-120 to read as follows:
"26-4-120. (a) All persons, firms, or corporations,
whether located in state or out of state, engaged in the busi-
930 GENERAL ACTS AND RESOLUTIONS, VOL. I
ness of selling or distributing drugs at wholesale within this
state, or in the business of supplying drugs to manufacturers,
compounders, and processors within this state, shall annu-
ally register with the board as a drug wholesaler, distributor,
or supplier. The application for registration shall be made
on a form to be prescribed and furnished by said board and
shall show each place of business of the applicant for regis-
tration, together with such other information as may be
required by the board. The application shall be accompanied
by a fee in an amount established by the board for each
place of business registered by the applicant. Such registra-
tion shall not be transferable and shall expire on the expira-
tion date established by the joint-secretary. Registration
shall be renewed pursuant to the rules and regulations of
the board and a renewal fee prescribed by the board shall
be required. If not renewed, the registration shall lapse and
become null and void. Registrants shall be subject to such
rules and regulations with respect to sanitation or equip-
ment as the board may, from time to time, adopt for the
protection of the public health and safety. Such registration
may be suspended or revoked or the registrant reprimanded
by the board if the registrant fails to comply with any law
of this state, the United States, or any other state having
to do with the control of pharmacists, pharmacies, or drugs;
if the registrant fails to comply with any rule or regulation
promulgated by the board; or if any registration or license
issued to the registrant under the federal act is suspended
or revoked.
(b) (1) Every drug wholesaler, distributor, or supplier
registered as provided in subsection (a) of this Code sec-
tion shall be required to submit a monthly report as pre-
scribed by the board accounting for all transactions in-
volving controlled substances listed in Schedule II as
defined in Code Section 16-13-26; provided, however, that
the submission of a copy of the report relative to such
transactions required by the federal Drug Enforcement
Agency shall be sufficient. The reports shall be submitted
to the State Board of Pharmacy.
(2) Every drug wholesaler, distributor, or supplier
registered as provided in subsection (a) of this Code sec-
tion or as provided in Chapter 13 of Title 16 which is
GEORGIA LAWS 1986 SESSION
931
required to submit reports of excessive purchases of con-
trolled substances with the federal Drug Enforcement
Agency pursuant to 21 C.F.R. Sec. 1301.74 (effective April
1, 1985) shall be required to submit a copy of each such
report to the board.
(3) The board shall be authorized to promulgate
rules and regulations to facilitate compliance with this
subsection.
(c) The provisions of subsection (b) of this Code section
shall not apply to any wholesaler, manufacturer, distributor,
or supplier who only ships controlled substances directly
to a licensed wholesaler within this state.
(d) (1) Any person, firm, or corporation which violates
any provision of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished
by imprisonment for not less than one year nor more
than five years or by a fine not to exceed $25,000.00, or
both.
(2) Any practitioner who knowingly purchases any
controlled substance or dangerous drug as such terms
are defined in Chapter 13 of Title 16 from a person, firm,
or corporation which is not registered as required in sub-
section (a) of this Code section or as required in Chapter
13 of Title 16 shall be guilty of a felony and, upon convic-
tion thereof, shall be punished by imprisonment for not
less than one year nor more than three years or by a
fine not to exceed $10,000.00, or both.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
932
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS DEPUTY REGISTRARS; REGISTRATION
CARDS; RECEIPTS; MAIN OFFICES OF BOARDS OF
REGISTRARS; LIST OF VOTERS WHO HAVE DIED OR
APPEAR TO BE DISQUALIFIED; ABSENTEE BALLOTS;
ASSISTING AN ELECTOR.
Code Title 21, Chapters 2 and 3 Amended.
No. 1524 (Senate Bill No. 490).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide that additional clerks who
do not have to be electors of the county in which employed
and who may be appointed as deputy registrars for the purpose
of registering voters in the county shall be authorized to perform
other duties as may be required; to provide that blank registra-
tion cards shall be numbered and shall have a correspondingly
numbered, detachable receipt which shall be issued to the appli-
cant for voter registration at the time such registration card
has been completed by the applicant; to provide that such receipt
shall be signed by the registrar or deputy registrar taking the
application and shall indicate the location of registration; to
change the provisions relating to the place where completed
registration cards and other papers may be kept; to change the
provisions relating to the location of the main office of the board
of registrars; to change the provisions relating to the procedures
connected with the return of completed registration cards from
permanent additional voter registration places to the main of-
fice; to change the provisions relating to preparation and filing
of list of voters who have died or appear to be disqualified by
reason of criminal conviction or insanity; to provide for the
probate judge to perform certain duties; to change certain terms
so that the Georgia Election Code will conform to provisions
in the Constitution relating to elections and voters; to change
the provisions relating to making application for absentee ballot
in connection with elections generally; to authorize a grandpar-
ent or certain other persons to make application for .an absentee
ballot on behalf of an elector residing temporarily out of the
county or a physically disabled elector residing within the
county in connection with elections generally; to change the
GEORGIA LAWS 1986 SESSION
933
provisions relating to delivery of absentee ballots on behalf of
physically disabled electors in connection with elections gener-
ally; to authorize a grandparent to assist a physically disabled
or illiterate elector in preparing his ballot in connection with
elections generally; to change the provisions relating to the place
where completed registration cards and other papers may be
kept by municipal registrars; to change the provisions relating
to the location of the main office of the municipal registrars;
to provide for blank registration cards and completed registra-
tion cards to be kept in specific places in connection with munici-
pal elections; to provide for the return of completed registration
cards from permanent additional voter registration places to
the main office of the municipal registrars; to change certain
provisions relating to purging the list of electors by municipali-
ties maintaining their own registration system; to change cer-
tain terms and duties of officers so that the Georgia Municipal
Election Code will conform to provisions of the Constitution
and the Georgia Election Code relating to elections and voters;
to change the provisions relating to making application for ab-
sentee ballot in connection with municipal elections; to autho-
rize a grandparent or certain other persons to make application
for an absentee ballot on behalf of an elector residing temporar-
ily out of the county or a physically disabled elector residing
within the county in connection with municipal elections; to
change the provisions relating to delivery of absentee ballots
on behalf of physically disabled electors in connection with mu-
nicipal elections; to authorize a grandparent to assist a physi-
cally disabled or illiterate elector in preparing his ballot in con-
nection with municipal elections; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Anno-
tated, relating to elections, is amended by striking in its entirety
paragraph (2) of subsection (a) of Code Section 21-2-212, relating
to the appointment of deputy registrars, and inserting in lieu
thereof a new paragraph (2) to read as follows:
"(2) Registrars may hire clerical help to assist them
in their duties if the compensation required therefor has
been first approved by the governing authority of the county.
934
GENERAL ACTS AND RESOLUTIONS, VOL. I
Such additional clerks shall be eligible to be appointed as
deputy registrars for the purpose of registering voters in
the county and performing other duties as may be required,
but it shall not be necessary for such clerks to be electors
of the county in which employed.
Section 2. Said title is further amended by adding a new
subsection at the end of Code Section 21-2-217, relating to the
form of registration cards, to be designated subsection (g) to
read as follows:
"(g) Each blank registration card shall be numbered
and shall have a correspondingly numbered, detachable re-
ceipt which shall be issued to the applicant for voter registra-
tion at the time such registration card has been completed
by such applicant. Such receipt shall be signed by the regis-
trar or deputy registrar taking the application and shall
indicate the location of registration.
Section 3. Said title is further amended by striking in their
entirety subsections (a) and (b) of Code Section 21-2-218, relating
to the main office of board of registrars, and inserting in lieu
thereof new subsections (a) and (b) to read as follows:
"(a) In those counties where the registrars have a main
office separate from the office of the tax collector or tax com-
missioner, the registrars shall keep the completed registra-
tion cards and their other papers in such office which shall
be in the courthouse or other public building. If no such
office exists, the registrars shall keep the completed registra-
tion cards and their other papers:
(1) In the office of the tax collector or the tax com-
missioner, and such office shall be deemed the main office
of the board of registrars; or
(2) In the office of the designated chief deputy regis-
trar or other office designated by the board of registrars
which is accessible at all times during normal working
hours, and such office shall be deemed the main office
of the board of registrars.
(b) For the purpose of taking applications for registra-
tion and for the purpose of registering electors, such number
GEORGIA LAWS 1986 SESSION
935
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 desig-
nate 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 decen-
nial 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-
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 registra-
tion irregularities will be provided to these additional offices.
Blank registration cards shall be kept in the places desig-
nated 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 transmitted to the main office as expeditiously as possible
by a registrar or deputy registrar or by United States mail.
In no event shall the completed registration cards be tempo-
rarily retained beyond the end of the next business day.
Section 4. Said title is further amended by striking Code
Section 21-2-232 in its entirety and inserting in lieu thereof a
new Code Section 21-2-232 to read as follows:
"21-2-232. The clerk of the superior court of each county
shall, on or before the tenth day of each month, prepare
and file with the registrars a complete list, alphabetically
arranged with their addresses and ages, of persons residing
in the county who appear to be disqualified from voting by
reason of having been convicted of a crime during the preced-
ing month, the penalty of which is disfranchisement, unless
936
GENERAL ACTS AND RESOLUTIONS, VOL. I
such person has been pardoned and the right of suffrage
restored to him. The probate judge of each county shall,
by such date, file a similar list of all persons residing in
the county who appear to be disqualified from voting by
reason of an adjudication of mental incompetency during
the preceding month. The local registrar of vital statistics
of each county shall, by such date, file a similar list of those
persons who have died during the preceding month. Each
such list shall contain such other information as may be
necessary to facilitate identification of persons having the
same or similar names.
Section 5. Said title is further amended by striking in its
entirety paragraph (1) of subsection (a) of Code Section 21-2-
381, relating to making of application for absentee ballot, and
inserting in lieu thereof a new paragraph (1) 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 registrars office, an application to
the board of registrars of the county of the electors resi-
dence, for an official ballot of the electors precinct to be
voted at such primary, election, or runoff. In the case of
an elector residing temporarily out of the county or a physi-
cally disabled elector residing within the county, the applica-
tion for the electors absentee ballot may, upon satisfactory
proof of relationship, be made by his mother, father, grand-
parent, 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 identifica-
tion of the elector; the permanent or temporary address of
the elector to which the absentee ballot shall be mailed;
the identity of the primary, election, or runoff in which the
elector wishes to vote; the reason for requesting the absentee
ballot; and the name and relationship of the person request-
ing the ballot if other than the elector. Except in the case
of physically disabled electors residing in the county, no ab-
sentee ballot shall be mailed to an address other than the
permanent or temporary out-of-county address of the elector.
Relatives applying for absentee ballots for electors must also
sign an oath stating that facts in the application are true.
GEORGIA LAWS 1986 SESSION
937
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; pro-
vided, 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 absen-
tee 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 pur-
suant to Article 5 of this chapter and for any special election
or special primary.
Section 6. Said title is further amended by striking Code
Section 21-2-385 in its entirety and inserting in lieu thereof a
new Code Section 21-2-385 to read as follows:
"21-2-385. (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 Absen-
tee 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
938
GENERAL ACTS AND RESOLUTIONS, VOL. I
satisfactory proof that such adult is such electors mother,
father, grandparent, aunt, uncle, brother, sister, spouse, son,
daughter, mother-in-law, father-in-law, brother-in-law, sis-
ter-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.
(b) A physically disabled or illiterate elector may re-
ceive assistance in preparing his ballot from one of the fol-
lowing: any elector who is qualified to vote in the same
county as the disabled elector or the mother, father, grand-
parent, brother, sister, spouse, son, daughter, mother-in-law,
father-in-law, brother-in-law, or sister-in-law of the elector.
If the disabled elector is sojourning outside his own county,
a notary public of the jurisdiction may give such assistance
and shall sign the oath printed on the same envelope as
the oath to be signed by the elector. No person shall assist
more than ten such electors in any primary, election, or
runoff.
(c) When an elector applies in person for an absentee
ballot, after the absentee ballots have been printed, the ab-
sentee ballot shall be delivered to the elector at the time
of the application therefor within the confines of the regis-
trars office; and the elector shall then and there vote and
deliver the absentee ballot as provided in subsections (a)
and (b) of this Code section. The board of registrars shall
furnish accommodations to the elector to ensure the privacy
of the elector while voting his absentee ballot.
Section 7. Said title is further amended by striking in its
entirety subsection (b) of Code Section 21-3-123, relating to regis-
tration duties of county registrar in municipalities using county
registration system and location of main office of municipal
board of registrars, and inserting in lieu thereof a new subsec-
tion (b) to read as follows:
"(b) In those municipalities electing to maintain their
own registration system, the registrars shall keep the com-
pleted registration cards and their other papers in the main
office of the municipal registrars, which office shall be in
GEORGIA LAWS 1986 SESSION
939
the city hall or other public building designated by the gov-
erning authority. If no such office exists, the registrars shall
keep the completed registration cards and their other papers:
(1) In the office of the city clerk, and such office shall
be deemed the main office of the board of registrars; or
(2) In the office of the designated chief deputy regis-
trar or other office designated by the board of registrars
which is accessible at all times during normal working
hours, 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 regis-
trars 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 au-
thority, 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. Blank registration cards shall
be kept in the places designated for registration and com-
pleted 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 transmitted to the main office
as expeditiously as possible by a registrar or deputy registrar
or by United States mail.
Section 8. Said title is further amended by striking in its
entirety paragraph (3) of subsection (a) of Code Section 21-3-
133, relating to purging of list of electors by municipalities main-
taining their own registration system, and inserting in lieu
thereof a new paragraph (3) to read as follows:
"(3) At least 60 days before any general election, the
registrar shall obtain from the probate judge of the county
a list of all persons residing in the county who appear to
940
GENERAL ACTS AND RESOLUTIONS, VOL. I
be disqualified from voting by reason of an adjudication of
mental incompetency since the last general election; and
any of these persons on the municipal list of electors shall
be removed;.
Section 9. Said title is further amended by striking in its
entirety subsection (a) of Code Section 21-3-283, relating to mak-
ing of application for absentee ballot in connection with munici-
pal elections, and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) Any absentee elector may make an application ei-
ther by mail or in person in the absentee ballot clerks office
to the absentee ballot clerk for an official ballot of the elec-
tors precinct to be voted at such primary or election. In
the case of an elector residing temporarily out of the munici-
pality and the county in which the absentee elector perma-
nently resides or a physically disabled elector residing within
the municipality, the application for the electors absentee
ballot may, upon satisfactory proof of relationship, be made
by his mother, father, grandparent, 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 per-
manent or temporary address of the elector to which the
absentee ballot shall be mailed; the identity of the primary,
election, or runoff in which the elector wishes to vote; the
reason for requesting the absentee ballot; and the name and
relationship of the person requesting the ballot if other than
the elector. No absentee ballot shall be mailed to an address
other than the permanent or temporary address of the elec-
tor. Relatives applying for absentee ballots for electors must
also sign an oath stating that facts in the application are
true. If the elector is unable to fill out or sign his own applica-
tion 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.
Section 10. Said title is further amended by striking Code
Section 21-3-285 in its entirety and inserting in lieu thereof a
new Code Section 21-3-285 to read as follows:
"21-3-285. (a) At any time after receiving an official
absentee ballot, but before the date of the primary or elec-
GEORGIA LAWS 1986 SESSION
941
tion, 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 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 assist-
ing, 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 se-
curely 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
electors mother, father, grandparent, 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 absen-
tee 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.
(b) A physically disabled or illiterate elector may re-
ceive assistance in preparing his ballot from one of the fol-
lowing: any elector selected by such elector who is qualified
to vote in the same municipality as the disabled elector;
or the father, mother, grandparent, brother, sister, spouse,
son, daughter, mother-in-law, father-in-law, brother-in-law,
or sister-in-law of the disabled elector. If the disabled elector
is sojourning outside his own municipality, a notary public
of the jurisdiction may give such assistance and shall then
sign the oath printed on the same envelope as the oath to
be signed by the elector. No person shall assist more than
ten such electors in any primary, election, or runoff.
(c) When an elector applies in person for an absentee
ballot, after the absentee ballots have been printed, the ab-
sentee ballot shall be delivered to the elector within the
confines of the registrars office at the time of the application;
and the elector shall then and there vote and deliver the
absentee ballot as provided in subsections (a) and (b) of this
Code section. The board of registrars shall furnish accommo-
942
GENERAL ACTS AND RESOLUTIONS, VOL. I
dations to the elector to ensure the privacy of the elector
while voting his absentee ballot.
Section 11. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 12. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
CONDOMINIUMS DOCUMENTS; REQUIREMENTS FOR
COPIES FURNISHED TO THE PROSPECTIVE BUYER.
Code Section 44-3-111 Amended.
No. 1525 (Senate Bill No. 537).
AN ACT
To amend Code Section 44-3-111 of the Official Code of Geor-
gia Annotated, relating to sales of residential condominiums
for residential occupancy, so as to provide for the manner in
which certain documents required to be furnished to purchasers
shall be prepared; 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 44-3-111 of the Official Code of
Georgia Annotated, relating to sales of residential condomini-
ums for residential occupancy, is amended by striking subsection
(b) and inserting in its place a new subsection to read as follows:
"(b) Any covered contract shall be voidable by the buyer
until at least seven days after the seller has furnished to
GEORGIA LAWS 1986 SESSION
943
the prospective buyer the documents specified in this subsec-
tion. The copy of any such document which must be executed
in order to be effective shall be a copy of the executed docu-
ment. The documents required under this subsection to be
furnished to the prospective buyer are the following:
(1) A copy of the floor plan of the unit which is the
subject of the covered contract;
(2) A copy of the declaration and of each amendment
thereto as of that time;
(3) A copy of the articles of incorporation and bylaws
of the association and of each amendment to either as
of that time;
(4) A copy of any ground lease or other underlying
lease of all or any part of the condominium;
(5) A copy of every management, maintenance, and
other contract for the management and operation of ei-
ther the association, the condominium, or the facilities
to be used by the unit owners having a term in excess
of one year; contracts renewable without the consent of
the association shall be deemed to have a term in excess
of one year;
(6) The estimated or actual operating budget for the
condominium for the current year containing the mat-
ters set forth in subparagraph (A) of this paragraph and
a schedule of estimated or actual expenses pertaining
to each condominium unit for the current year contain-
ing the matters set forth in subparagraph (B) of this para-
graph:
(A) Expenses of the association for:
(i) Administration;
(ii) Management fees;
(iii) Maintenance;
(iv) Rent for recreational and other com-
monly used facilities;
944 GENERAL ACTS AND RESOLUTIONS, VOL. I
(v) Taxes on property of the association;
(vi) Insurance;
(vii) Security provisions;
(viii) Other expenses;
(ix) Operating capital;
(x) Reserve for deferred maintenance;
(xi) Reserve for depreciation; and
(xii) Other reserves;
(B) Expenses of the unit owner for:
(i) Assessments to cover association ex-
penses;
(ii) Rent for the unit if part of a leasehold
condominium;
(iii) Rent, fees, or charges payable by the unit
owner directly to the lessor or the lessors agent
under any recreational lease or lease for the use
of commonly used facilities, which leases are and
payment is a mandatory condition of ownership
and which payment is not included in the assess-
ments paid by the unit owner to the association;
(7) A copy of any lease of recreational or other facili-
ties that will be used only by the unit owners;
(8) A copy of any lease of recreational or other facili-
ties that will or may be used by unit owners in common
with any other person;
(9) A copy of a statement setting forth the extent
of and conditions or limitations applicable to the declar-
ants commitment to build and submit additional units,
additional recreational or other facilities, or additional
property; and
GEORGIA LAWS 1986 SESSION
945
(10) If the covered contract applies to a condominium
unit which is part of a conversion condominium:
(A) A statement by the declarant, based on a
report prepared by an independent, registered archi-
tect or engineer, describing the present condition of
all structural components and mechanical and elec-
trical systems, excluding fixtures and appliances
within the units, material to the use and enjoyment
of the condominium;
(B) A statement by the declarant of the expected
useful life of each item reported on as provided in
subparagraph (A) of this paragraph or a statement
that no representations are made in that regard; and
(C) A list of any outstanding notices of uncured
violations of building code or other county or munici-
pal regulations together with the estimated cost of
curing those violations.
This paragraph shall not apply to any condominium cre-
ated prior to July 1, 1980, or to the expansion of any
such condominium.
The items required by this subsection shall be bound or sta-
pled into a single package and covered by an index sheet
listing each item required by this subsection and showing
either that the same is attached or does not exist. A nonre-
fundable deposit not in excess of $25.00 may be required
of the recipient of the documents required by this Code sec-
tion, such deposit to be applied to the purchase price of the
condominium unit in the event of purchase by the recipient.
A dated, written acknowledgement of receipt of all items
required by this subsection, executed by the recipient, shall
be prima-facie evidence of the date of delivery of said items.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
946
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLES CERTAIN TRUCKS AND TRUCK
TRACTORS; DISPLAY OF OWNERS OR LESSEES
NAME AND ADDRESS.
Code Section 40-8-9 Enacted.
No. 1526 (House Bill No. 555).
AN ACT
To amend Article 1 of Chapter 8 of Title 40 of the Official
Code of Georgia Annotated, relating to equipment and inspec-
tion of motor vehicles in general, so as to require that certain
trucks and certain truck tractors have the name and principal
place of domicile of the owner or lessee on each side thereof;
to make special provisions for trucks and truck tractors operated
by licensed motor carriers; to provide for criminal penalties;
to provide for all related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 40 of the Official
Code of Georgia Annotated, relating to equipment and inspec-
tion of motor vehicles in general, is amended by adding a new
Code Section 40-8-9 to read as follows:
"40-8-9. It shall be unlawful to operate in this state
any truck or truck tractor having an owner declared gross
weight of 43,000 or more pounds which does not comply
with the name display requirements of this Code section.
Each such truck or truck tractor shall have displayed on
each side thereof the name and principal place of domicile
of the registered owner or, if the truck or truck tractor is
operating under a lease arrangement, the name and princi-
pal place of domicile of the lessee, except that trucks and
truck tractors operating pursuant to authority granted by
the Public Service Commission or the federal Interstate Com-
merce Commission shall display the name of the holder of
such authority and such other information as may be re-
quired by these commissions. The display shall be in sharp
GEORGIA LAWS 1986 SESSION
947
color contrast to the background and shall be of such size,
color, and shape as to be readily legible during daylight hours
from a distance of 50 feet while the vehicle is not in motion;
and such display shall be maintained in a manner so as to
remain so legible. This Code section shall not prohibit the
display of additional information which does not interfere
with the legibility of the display required by this Code sec-
tion.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR
LARGE MUNICIPALITIES (400,000 OR MORE)
DEFINITIONS; POWERS; LOANS; BONDS.
Code Sections 36-41-3, 36-41-5, and 36-41-8 Amended.
No. 1527 (House Bill No. 1210).
AN ACT
To amend Chapter 41 of Title 36 of the Official Code of Geor-
gia Annotated, known as the "Urban Residential Finance Au-
thorities 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 cen-
sus), 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 procedure for issuance and the form of an authoritys
bonds; to provide for other matters relative to the foregoing;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
948
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 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 cen-
sus), is amended by striking paragraphs (3), (6), (7), and (9) of
Code Section 36-41-3, relating to definitions, in their entirety
and substituting in lieu thereof, respectively, new paragraphs
(3), (6), (7), and (9) 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 substan-
tial supply of decent, safe, and sanitary housing and which
satisfies the income limitations set by each authority in ad-
ministrative guidelines and procedures established pursuant
to subsection (c) of Code Section 36-41-5.
(6) 'Household shall have that meaning specified by
the United States Bureau of the Census in its 1980 census.
(7) 'Income shall have that meaning specified by the
United States Bureau of the Census in its 1980 census.
(9) 'Median household income shall have that meaning
used in the United States decennial census for the Metropoli-
tan Statistical Area of the particular municipality activating
the particular authority as adjusted from time to time by
the United States Department of Housing and Urban Devel-
opment.
Section 2. Said chapter is further amended by striking
paragraphs (12) and (13) of subsection (a) of Code Section 36-
41-5, relating to the powers of an authority, in their entirety
and substituting in lieu thereof, respectively, new paragraphs
(12) and (13) to read as follows:
"(12) To accept gifts, grants, loans, or other aid from
the federal government, the state or any county or munici-
GEORGIA LAWS 1986 SESSION
949
pality within the state or any persons or corporations and
to agree and comply with any conditions attached to such
financial assistance;
(13) Subject to any agreement with bondholders, to in-
vest 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, in obligations which shall be limited to
the following:
(A) Bonds or other obligations of the state or bonds
or other obligations, the principal and interest of which
are guaranteed by the state;
(B) Bonds or other obligations of the United States
or of subsidiary corporations of the United States govern-
ment fully guaranteed by such government;
(C) Obligations of agencies of the United States gov-
ernment issued by the Federal Land Bank, the Federal
Home Loan Bank, the Federal Intermediate Credit, and
the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public
housing agency or municipality in the United States,
which bonds or obligations are fully secured as to the
payment of bond principal and interest by a pledge of
annual contributions under an annual contributions con-
tract or contracts with the United States government,
or project notes issued by any public housing agency,
urban renewal agency, or municipality in the United
States and fully secured as to payment of both principal
and interest by a requisition, loan, or payment agreement
with the United States government;
(E) Certificates of deposit of national or state banks
which have deposits insured by the Federal Deposit In-
surance Corporation or the Georgia Deposit Insurance
Corporation and certificates of deposit of federal savings
and loan associations and state building and loan associa-
tions which have deposits insured by the Federal Savings
and Loan Insurance Corporation or the Georgia Deposit
950 GENERAL ACTS AND RESOLUTIONS, VOL. I
Insurance Corporation, including the certificates of de-
posit of any bank, savings and loan association, or build-
ing and loan association acting as depository, custodian,
or trustee for any such bond proceeds; provided, however,
that the portion of such certificates of deposit in excess
of the amount insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation or the Georgia Deposit Insurance Corpora-
tion, if any such excess exists, shall be secured by deposit
with the Federal Reserve Bank of Atlanta, Georgia, the
Federal Home Loan Bank of Atlanta, Georgia, or with
any national or state bank, of one or more of the following
securities in an aggregate principal amount equal at least
to the amount of such excess:
(i) Direct or general obligations of the state or
of any county or municipality in the state;
(ii) Obligations of the United States or subsid-
iary corporations included in subparagraph (B) of this
paragraph;
(iii) Obligations of agencies of the United States
government included in subparagraph (C) of this
paragraph; or
(iv) Bonds, obligations, or project notes of public
housing agencies, urban renewal agencies, or munici-
palities included in subparagraph (D) of this
paragraph; and
(F) Interest-bearing time deposits, repurchase
agreements, reverse repurchase agreements, rate guar-
antee agreements, or other similar banking arrange-
ments with a bank or trust company having capital and
surplus aggregating at least $50 million or with any gov-
ernment bond dealer reporting to, trading with, and rec-
ognized as a primary dealer by the Federal Reserve Bank
of New York having capital aggregating at least $50 mil-
lion or with any corporation which is subject to registra-
tion with the Board of Governors of the Federal Reserve
System pursuant to the requirements of the Bank Hold-
ing Company Act of 1956, provided that each such inter-
GEORGIA LAWS 1986 SESSION
951
est-bearing time deposit, repurchase agreement, reverse
repurchase agreement, rate guarantee agreement, or
other similar banking arrangement shall permit the
moneys so placed to be available for use at the time pro-
vided with respect to the investment or reinvestment
of such moneys;
Section 3. Said chapter is further amended by striking
paragraphs (17) and (18) of subsection (a) of Code Section 36-
41-5, relating to the powers of an authority, in their entirety
and substituting in lieu thereof new paragraphs (17) through
(21) to read as follows:
"(17) To make loans pursuant to Code Section 36-41-6
to finance the construction of residential housing;
(18) To engage in and assist in the development and oper-
ation of low and moderate income housing pursuant to Code
Section 8-3-30;
(19) To participate in or administer federal programs for
the issuance of mortgage credit and to do all things necessary
or convenient to qualify as an issuer of mortgage credit certif-
icates;
(20) To participate in or administer or participate in and
administer any federal, state, county, or municipal program
designed to assist in lowering the cost of housing for eligible
households; and
(21) To provide financing for housing projects, without
regard to targeting for eligible households, which encourages
the development of housing in accordance with the compre-
hensive development plan of the municipality activating the
authority.
Section 4. Said chapter is further amended by striking
subsection (d) of Code Section 36-41-5, relating to the powers
of an authority, in its entirety and substituting in lieu thereof
a new subsection (d) to read as follows:
"(d) The administrative guidelines established by each
authority pursuant to subsection (c) of this Code section may
952
GENERAL ACTS AND RESOLUTIONS, VOL. I
differ in order to reflect the varying tenant composition and
economic and housing conditions within the jurisdiction of
each authority.
Section 5. Said chapter is further amended by striking
Code Section 36-41-8, relating to the procedure for issuance and
the form of an authoritys 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 opin-
ion 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, fi-
nancing, construction, and rehabilitation of residential hous-
ing as provided in this chapter; the payment of interest on
bonds of the authority; the establishment of reserves to se-
cure such bonds; and all other expenditures of the authority
incident to and necessary or convenient to carry out its corpo-
rate purposes and powers.
(b) The authority may retain the services of a qualified,
independent financial advisor. The financial advisor shall
not in any manner be 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 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
GEORGIA LAWS 1986 SESSION
953
bonds or both redeemable and exchangeable. The bonds may
be issued as serial bonds or as term bonds with or without
mandatory sinking fund provisions or as a combination
thereof.
(d) 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.
(e) All such bonds shall be executed in the name of
the authority by the chairman or vice-chairman and secre-
tary-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 chair-
man or vice-chairman of the authority. The facsimile signa-
ture of both the chairman or vice-chairman and the secre-
tary-treasurer of the authority may be imprinted in lieu
of the manual signatures if the authority so directs, and
the facsimile of the chairmans or vice-chairmans signature
shall be used on such coupons. Bonds and interest coupons
appurtenant thereto bearing the manual or facsimile signa-
ture of a person in office at the time such signature was
signed or imprinted shall be fully valid notwithstanding the
fact that before or after the delivery thereof such person
ceased to hold such office. 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.
(f) 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.
(g) Prior to the preparation of definitive bonds, the au-
thority may issue interim receipts, interim certificates, or
temporary bonds exchangeable for definitive bonds upon the
954 GENERAL ACTS AND RESOLUTIONS, VOL. I
issuance of the latter. The authority may also provide for
the replacement of any bond which shall become mutilated
or be destroyed or lost. Such revenue bonds may be issued
without any other proceedings or the happening of any other
conditions or things than those proceedings, conditions, and
things which are specified or required by this chapter.
(h) 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 maturi-
ties 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.
(i) 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.
(j) 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 inter-
est 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 ma-
ture 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.
(k) In the event that no appeal is filed within the time
prescribed by law or, if an appeal is filed, that the judgment
GEORGIA LAWS 1986 SESSION
955
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.
(1) 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 car-
rying on an insurance business; all banks, bankers, trust
companies, savings banks, and savings associations, includ-
ing savings and loan associations, building and loan associa-
tions, investment companies, and other persons carrying on
a banking business; all administrators, guardians, executors,
trustees, and other fiduciaries, and all other persons whatso-
ever 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 autho-
rized.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
956
GENERAL ACTS AND RESOLUTIONS, VOL. I
JUDICIAL COUNCIL OF GEORGIA PRIOR WRITTEN
NOTICE OF INTENDED ADOPTION OF RULES AND
REGULATIONS REQUIRED.
Code Section 15-5-21 Amended.
No. 1528 (House Bill No. 1227).
AN ACT
To amend Code Section 15-5-21 of the Official Code of Georgia
Annotated, relating to the promulgation of certain rules and
regulations of the Judicial Council, so as to require prior written
notice of the intended adoption of such rules and regulations
and provide for the invalidity of rules and regulations adopted
without such notice and for proceedings relating thereto; to re-
peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-5-21 of the Official Code of Geor-
gia Annotated, relating to the promulgation of certain rules
and regulations of the Judicial Council, is amended by adding
at the end thereof a new subsection to read as follows:
"(d) A rule or regulation promulgated by the Judicial
Council pursuant to this Code section shall not become effec-
tive unless that council provides to the chairperson of the
Judiciary Committee of the House of Representatives, the
chairperson of the Special Judiciary Committee of the House
of Representatives, the chairperson of the Judiciary Commit-
tee of the Senate, and the chairperson of the Judiciary and
Constitutional Law Committee of the Senate, at least 30
days prior to the date that council intends to adopt such
rule or regulation, written notice which includes an exact
copy of the proposed rule or regulation and the intended
date of its adoption. After July 1,1986, no rule or regulation
adopted by the Judicial Council pursuant to this Code section
shall be valid unless adopted in conformity with this subsec-
tion. A proceeding to contest any rule or regulation on the
grounds of noncompliance with this subsection must be com-
GEORGIA LAWS 1986 SESSION
957
menced within two years from the effective date of the rule
or regulation.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
"ETHICS IN GOVERNMENT ACT ENACTMENT; STATE
ETHICS COMMISSION CREATED; "CAMPAIGN AND
FINANCIAL DISCLOSURE ACT REPEALED.
Code Title 21, Chapter 5 Revised.
No. 1529 (House Bill No. 1286).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide for the comprehensive
regulation of ethics in government service and the disclosure
of campaign contributions and expenditures; to provide for a
short title; to provide for legislative intent on a declaration of
policy; to provide for definitions; to create the State Ethics Com-
mission; to provide for composition, appointment of members,
terms, vacancies, meetings, officers, quorum, and assignments;
to provide for certain staff, funding, and supplies; to provide
for the powers, duties, and authority of the commission; to pro-
vide for certain limitations on such authority; to provide for
venue for certain actions; to provide for the disclosure of cam-
paign contributions; to provide for the acceptance of certain
contributions; to provide for procedures regarding such contribu-
tions; to provide for persons subject to disclosure requirements;
to provide for certain information in reports; to provide for cer-
tain recordkeeping arid inspections; to provide for the uses of
contributions; to require the filing of certain reports; to provide
for the contents of such reports; to provide for filing, verification,
958
GENERAL ACTS AND RESOLUTIONS, VOL. I
and mailing of such reports; to provide for certain duties of
the commission; to provide for the disclosure of certain financial
interests; to provide for certain reports of such interests; to pro-
vide for the contents of such reports; to provide for filing require-
ments; to provide for verification; to provide for mailing of such
reports; to provide that such reports shall be public records;
to provide for all related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Anno-
tated, relating to elections, is amended by striking Chapter 5,
the "Campaign and Financial Disclosure Act, in its entirety
and inserting in its place a new Chapter 5 to read as follows:
"CHAPTER 5
ARTICLE 1
21-5-1. This chapter shall be known as and may be cited
as the 'Ethics in Government Act.
21-5-2. It is declared to be the policy of this state, in
furtherance of its responsibility to protect the integrity of
the democratic process and to ensure fair elections for consti-
tutional offices, state offices, district attorneys, members of
the Georgia House of Representatives and Georgia Senate,
all constitutional judicial officers, and all county and munici-
pal elected officials, to institute and establish a requirement
of public disclosure of campaign contributions and expendi-
tures relative to the seeking of such offices, to the recall of
public officials holding elective office, and to the influencing
of voter approval or rejection of a proposed constitutional
amendment or a state-wide referendum. It is the policy of
this state to require public disclosure of campaign contribu-
tions and expenditures when such are designed to bring
about the approval or rejection by the voters of any proposed
question which is to appear on the ballot in any county or
municipal election. Further, it is the policy of this state that
the states public affairs will be promoted by disclosures of
significant private interests of public officers and officials
which may influence the discharge of their public duties
GEORGIA LAWS 1986 SESSION
959
and responsibilities. The General Assembly further finds
that it is for the public to determine whether significant
private interests of public officers have influenced the states
public officers to the detriment of their public duties and
responsibilities and, in order to make that determination
and hold the public officers accountable, the public must
have access to the disclosure of the significant private inter-
ests of the public officers of this state.
21-5-3. As used in this chapter, the term:
(1) 'Business entity means any corporation, sole
proprietorship, partnership, limited partnership, enter-
prise, franchise, association, trust, joint venture, or other
entity, whether profit or nonprofit.
(2) 'Campaign committee means the candidate, per-
son, or committee which accepts contributions or makes
expenditures designed to bring about the nomination or
election of an individual to any elected office. The term
'campaign committee also means any person or commit-
tee which accepts contributions or makes expenditures
designed to bring about the recall of a public officer or
any person or committee which accepts contributions or
makes expenditures designed to bring about the approval
or rejection by the voters of any proposed constitutional
amendment or state-wide referendum. The term 'cam-
paign committee shall also mean any person or commit-
tee which accepts contributions or makes expenditures
designed to bring about the approval or rejection by the
voters of any proposed question which is to appear on
the ballot in any county or municipal election.
(3) 'Campaign contribution disclosure report means
a report filed with the commission by a candidate or
the chairman or treasurer of a campaign committee set-
ting forth all expenditures of $101.00 or more and all
contributions of $101.00 or more, including contributions
and expenditures of lesser amounts when the aggregate
amount thereof by or to a person is $101.00 or more
for the calendar year in which the report is filed. Such
report shall also include the total amount of all individ-
ual contributions received or expenditures made of less
960 GENERAL ACTS AND RESOLUTIONS, VOL. I
than $101.00 each. The first report required in the calen-
dar year of the election shall contain all such expendi-
tures made and all such contributions received by the
candidate or the committee in prior years in support
of the campaign in question.
(4) 'Candidate means an individual who seeks nomi-
nation for election or election to any public office,
whether or not such an individual is elected; and a person
shall be deemed to seek nomination or election if such
person has taken necessary action under the laws of this
state to qualify such person for nomination for election
or election, or has received contributions or made expen-
ditures, or has given such persons consent for such per-
sons campaign committee to receive contributions or
make expenditures with a view to bringing about such
persons nomination for election or election to such office.
(5) 'Commission means the State Ethics Commis-
sion created under Code Section 21-5-4.
(6) 'Contribution means a gift, subscription, mem-
bership, loan, forgiveness of debt, advance or deposit of
money or anything of value, conveyed or transferred for
the purpose of influencing the nomination for election
or election of any person for office, the recall of a public
official holding elective office, or the influencing of voter
approval or rejection of a proposed constitutional amend-
ment, a state-wide referendum, or a proposed question
which is to appear on the ballot in any county or munici-
pal election. The term specifically shall not include the
value of personal services performed by persons who
serve without compensation from any sources and on a
voluntary basis. The term 'contribution shall include
other forms of payment made to candidates for office
or who hold office when such fees and compensation made
can be reasonably construed as a campaign contribution
designed to encourage or influence a candidate or office-
holder. The term 'contribution shall also encompass
transactions wherein a qualifying fee required of the can-
didate is furnished or paid by anyone other than the
candidate.
(7) 'Direct ownership interest means the holding
or possession of good legal or rightful title of property
GEORGIA LAWS 1986 SESSION
961
or the holding or enjoyment of real or beneficial use of
the property by any person and includes any interest
owned or held by a spouse of such person if such interest
is held jointly or as tenants in common between the per-
son and spouse.
(8) 'Election means a primary election; run-off elec-
tion, either primary or general; special election; or gen-
eral election. The term 'election also means a recall elec-
tion.
(9) 'Expenditure means a purchase, payment, distri-
bution, loan, advance, deposit, or gift of money or any-
thing of value made for the purpose of influencing the
nomination for election or election of any person, the
recall of a public official holding elective office, or the
influencing of voter approval or rejection of a proposed
constitutional amendment, a state-wide referendum, or
a proposed question which is to appear on the ballot in
any county or municipal election. The term specifically
shall not include the value of personal services performed
by persons who serve without compensation from any
source and on a voluntary basis. The term 'expenditure
shall also include the payment of a qualifying fee for
and in behalf of a candidate.
(10) 'Fiduciary position means any position imposing
a duty to act primarily for anothers benefit as officers,
directors, managers, partners, or other designations of
general responsibility of a business entity.
(11) 'Filing officer means that official who is desig-
nated in Code Section 21-5-34 to receive campaign contri-
bution disclosure reports; provided, however, that such
term shall not include the State Ethics Commission.
(12) 'Gift means any gratuitous transfer to a public
officer, the spouse of the public officer, or any dependents
of the public officer or loan of property or services, which
is not a contribution as defined in paragraph (6) of this
Code section, and which is in the amount of $101.00 or
more.
(13) 'Intangible property means property which is
not real property and which is held for profit and includes
962
GENERAL ACTS AND RESOLUTIONS, VOL. I
stocks, bonds, interest in partnerships, choses in action,
and other investments but shall not include any owner-
ship interest in any public or private retirement or pen-
sion fund, account, or system and shall not include any
ownership interest in any public or private life insurance
contract or any benefit, value, or proceeds thereof.
(14) 'Person means an individual, partnership, com-
mittee, association, corporation, labor organization, or
any other organization or group of persons.
(15) 'Public officer means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) The executive head of every state depart-
ment or agency, whether elected or appointed;
(D) Each member of the General Assembly; and
(E) The executive director of each state author-
ity.
21-5-4. (a) Those members serving on the State Cam-
paign and Financial Disclosure Commission prior to March
1, 1987, shall serve for a term of office which expires March
1, 1987.
(b) There is created the State Ethics Commission, with
such duties and powers as are set forth in this chapter. The
commission shall be governed by five members appointed
as follows: three members, not more than two of whom shall
be from the same political party, shall be appointed by the
Governor, two for terms of three years and one for a term
of two years; one member shall be appointed by the Lieuten-
ant Governor for a term of four years; and one member
shall be appointed by the Speaker of the House of Represen-
tatives for a term of four years. The initial members shall
take office on March 2, 1987. Upon the expiration of a mem-
bers term of office, a new member, appointed in the same
manner as the member whose term of office expired as pro-
GEORGIA LAWS 1986 SESSION
963
vided in this subsection, shall become a member of the com-
mission and shall serve for a term of four years and until
such members successor is duly appointed and qualified.
If a vacancy occurs in the membership of the commission,
a new member shall be appointed to the unexpired term
of office by the state official who appointed the vacating mem-
ber. Members of the commission shall not serve for more
than one complete term of office.
(c) All members of the commission shall be residents
of this state.
(d) Any person who:
(1) Has qualified to run for any federal, state, or
local public office within a period of five years prior to
such persons appointment;
(2) Has held any federal, state, or local public office
within a period of five years prior to such persons ap-
pointment; or
(3) Serves as an officer of any political party,
whether such office is elective or appointive and whether
such office exists on a local, state, or national level
shall be ineligible to serve as a member of the commission.
(e) The commission shall elect a chairman, a vice chair-
man, and other officers as it deems necessary. The members
shall not be compensated for their services but they shall
be reimbursed in an amount equal to the per diem received
by the General Assembly for each day or portion thereof
spent in serving as members of the commission. They shall
be paid their necessary traveling expenses while engaged
in the business of the commission.
(f) A majority of the members of the commission consti-
tutes a quorum for the transaction of business. The vote
of at least a majority of the members present at any meeting
at which a quorum is present is necessary for any action
to be taken by the commission. No vacancy in the member-
ship of the commission impairs the right of a quorum to


964
GENERAL ACTS AND RESOLUTIONS, VOL. I
exercise all rights and perform all duties of the commis-
sion.
(g) Meetings of the members of the commission shall
be held at the call of the chairman or whenever any two
members so request.
21-5-5. The funds necessary to carry out this chapter
shall come from the funds appropriated to and available
to the State Ethics Commission and from any other available
funds.
21-5-6. (a) The commission is vested with the following
powers:
(1) To meet at such times and places as it may deem
necessary;
(2) To contract with other agencies, public or pri-
vate, or persons as it deems necessary for the rendering
and affording of such services, facilities, studies, and re-
ports to the commission as will best assist it to carry
out its duties and responsibilities;
(3) To cooperate with and secure the cooperation
of every department, agency, or instrumentality in the
state government or its political subdivisions in the fur-
therance of the purposes of this chapter;
(4) To employ an executive secretary and such addi-
tional staff as the commission deems necessary to carry
out the powers delegated to the commission by this chap-
ter;
(5) To issue subpoenas to compel any person to ap-
pear, give sworn testimony, or produce documentary or
other evidence;
(6) To institute and prosecute actions in the superior
courts, in its own name, seeking to enjoin or restrain
any violation or threatened violation of this chapter;
(7) To adopt in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act, such
GEORGIA LAWS 1986 SESSION
965
rules and regulations as are necessary to carry out the
purposes of this chapter; and
(8) To do any and all things necessary or convenient
to enable it to perform wholly and adequately its duties
and to exercise the power granted to it.
(b) The commission shall have the following duties:
(1) To prescribe forms to be used in complying with
this chapter;
(2) To prepare and publish a manual setting forth
recommended uniform methods of accounting and report-
ing for use by persons required by this chapter to file
statements and reports;
(3) To accept and file any information voluntarily
supplied that exceeds the requirements of this chapter;
(4) To develop a filing, coding, and cross-indexing
system consonant with the purposes of this chapter;
(5) To adopt a retention standard for records of the
commission in accordance with Chapter 18 of Title 50,
the 'Georgia Records Act;
(6) To prepare and publish such other reports and
technical studies as in its judgment will tend to promote
the purposes of this chapter;
(7) To provide for public dissemination of such sum-
maries and reports;
(8) To determine whether the required statements
and reports have been filed and, if so, whether they con-
form to the requirements of this chapter;
(9) To make investigations, subject to the limitations
contained in Code Section 21-5-7, with respect to the
statements and reports filed under this chapter and with
respect to alleged failure to file any statements or reports
required under this chapter, and upon receipt of the writ-
966
GENERAL ACTS AND RESOLUTIONS, VOL. I
ten complaint of any person, verified under oath, to the
best information, knowledge, and belief, by the person
making same, with respect to an alleged violation of any
provision of this chapter, provided that nothing in this
Code section shall be construed to limit or encumber
the right of the commission to initiate on probable cause
an investigation on its own cognizance as it deems neces-
sary to fulfill its obligations under this chapter;
(10) (A) To conduct a preliminary investigation,
subject to the limitations contained in Code Section
21-5-7, of the merits of a written complaint by any
person who believes that a violation of this chapter
has occurred, verified under oath, to the best informa-
tion, knowledge, and belief by the person making
same. If there are found no reasonable grounds to
believe that a violation has occurred, the complaint
shall be dismissed, subject to being reopened upon
discovery of additional evidence or relevant material.
If the commission determines that there are such rea-
sonable grounds to believe that a violation has oc-
curred, it shall give notice by summoning the persons
believed to have committed the violation to a hearing.
The hearing shall be conducted in all respects in ac-
cordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act. The commission may
file a complaint charging violations of this chapter,
and any person aggrieved by the final decision of the
commission is entitled to judicial review in accor-
dance with Chapter 13 of Title 50; provided, however,
that nothing in this Code section shall be construed
to limit or encumber the right of the commission to
initiate on probable cause an investigation on its own
cognizance as it deems necessary to fulfill its obliga-
tions under this chapter.
(B) In any such preliminary investigation refer-
enced in subparagraph (A) of this paragraph, until
such time as the commission determines that there
are reasonable grounds to believe that a violation
has occurred, it shall not be necessary to give the
notice by summons nor to conduct a hearing in accor-
dance with Chapter 13 of Title 50, the 'Georgia Ad-
ministrative Procedure Act;
GEORGIA LAWS 1986 SESSION
967
(11) To report suspected violations of law to the ap-
propriate law enforcement authority;
(12) To investigate upon a written complaint any ille-
gal use of state employees in a political campaign by
any candidate;
(13) To issue, upon request, and publish advisory
opinions on the requirements of this chapter, based on
a real or hypothetical set of circumstances;
(14) To issue orders, after the completion of appropri-
ate proceedings, directing compliance with this chapter
or prohibiting the actual or threatened commission of
any conduct constituting a violation, which order may
include a provision requiring the violator:
(A) To cease and desist from committing further
violations;
(B) To make public complete statements, in cor-
rected form, containing the information required by
this chapter;
(C) (i) To pay a civil penalty not to exceed
$1,000.00 for each violation contained in any report
required by this chapter or for each failure to comply
with any other provision of this chapter or of any
rule or regulation promulgated under this chapter.
(ii) A civil penalty shall not be assessed
against any person except after notice and hear-
ing as provided by Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act. The
amount of any civil penalty finally assessed shall
be recoverable by a civil action brought in the
name of the commission. All moneys recovered
pursuant to this Code section shall be deposited
in the state treasury.
(iii) The Attorney General of this state shall,
upon complaint by the commission, or may, upon
968
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Attorney Generals own initiative if after ex-
amination of the complaint and evidence the At-
torney General believes a violation has occurred,
bring an action in the superior court in the name
of the commission for a temporary restraining or-
der or other injunctive relief or for civil penalties
assessed against any person violating any provi-
sion of this chapter or any rule or regulation duly
issued by the commission.
(iv) Any action brought by the Attorney Gen-
eral to enforce civil penalties assessed against any
person for violating the provisions of this chapter
or any rule or regulations duly issued by the com-
mission or any order issued by the commission
ordering compliance or to cease and desist from
commissions of further violations shall be brought
in the superior court of the county of the residence
of the party against whom relief is sought. Service
of process shall lie in any jurisdiction within the
state. In such actions, the superior court inquiry
will be limited to whether notice was given by
the commission to the violator in compliance with
the Constitution and the rules of procedure of
Chapter 13 of Title 50, the 'Georgia Administra-
tive Procedure Act. Upon satisfaction that notice
was given and a hearing was held pursuant to
Chapter 13 of Title 50, the 'Georgia Administra-
tive Procedure Act, the superior court shall en-
force the orders of the commission and the civil
penalties assessed under this chapter and the su-
perior court shall not make independent inquiry
as to whether the violations have occurred.
(v) In any action brought by the Attorney
General to enforce any of the provisions of this
chapter or of any rule or regulation issued by the
commission, the judgment, if in favor of the com-
mission, shall provide that the defendant pay to
the commission the costs, including reasonable
attorneys fees, incurred by the commission in the
prosecution of such action;
GEORGIA LAWS 1986 SESSION
969
(15) To make public its conclusion that a violation
has occurred and the nature thereof;
(16) To petition the superior court within the county
where the hearing was or is being conducted for the en-
forcement of any order issued in connection with such
hearing; and
(17) To report to the General Assembly and the Gov-
ernor at the close of each fiscal year concerning the action
taken during that time the names, salaries, and duties
of all individuals employed and the funds disbursed and
to make such further report on the matters within its
jurisdiction as may appear desirable.
21-5-7. The commission shall not initiate any investiga-
tion or inquiry into any matter under its jurisdiction based
upon the complaint of any person unless that person shall
reduce the same in writing and verify the same under oath,
to the best information, knowledge, and belief of such person,
the falsification of which shall be punishable as false swear-
ing under Code Section 16-10-71. The person against whom
any complaint is made shall be furnished or mailed a copy
of the complaint by the commission within five business days
after the filing of such complaint. Nothing in this Code sec-
tion, however, shall be construed to limit or encumber the
right of the commission to initiate on probable cause an
investigation on its own cognizance as it deems necessary
to fulfill its obligations under this chapter.
21-5-8. Venue for prosecution of civil violations of this
chapter or for any other action by or on behalf of the commis-
sion shall be in the county of the residence of the candidate
or public officer at the time of the alleged violation or action.
21-5-9. Except as otherwise provided in this chapter,
any person who knowingly fails to comply with or who know-
ingly violates this chapter shall be guilty of a misdemeanor
on the first offense and upon the second or subsequent offense
shall be guilty of a felony and shall be punished by imprison-
ment for not less than one nor more than five years or by
a fine not to exceed $5,000.00, or both. Notwithstanding any
provision to the contrary, any person who knowingly falsifies
970
GENERAL ACTS AND RESOLUTIONS, VOL. I
any report required under this chapter shall be guilty of a
felony and shall be punished by imprisonment for not less
than one nor more than five years or by a fine not to exceed
$5,000.00, or both.
ARTICLE 2
21-5-30. (a) No contributions to bring about the nomi-
nation or election of a candidate for any office shall be made
except directly to a candidate or such candidates campaign
committee which is organized for the purpose of bringing
about the nomination or election of any such candidate; and
no contributions to bring about the recall of a public officer
or to bring about the approval or rejection by the voters
of a proposed constitutional amendment, state-wide referen-
dum, or other issue at the municipal or county level shall
be accepted except directly by a campaign committee orga-
nized for that purpose.
(b) Each candidate shall have a campaign committee,
which may consist of only the candidate pursuant to para-
graph (2) of Code Section 21-5-3, for the purpose of maintain-
ing records and the filing of reports as required by this chap-
ter. Every campaign committee shall have a chairman and
a treasurer, except that the candidate may serve as the chair-
man and treasurer. Before a campaign committee accepts
contributions, the name and address of the chairman and
treasurer shall be filed with the commission. The same per-
son may serve as chairman and treasurer. No contributions
shall be accepted by or on behalf of the campaign committee
at a time when there is a vacancy in the office of chairman
and treasurer thereof.
(c) Contributions of money received pursuant to subsec-
tion (a) of this Code section shall be deposited in the separate
campaign depository account opened and maintained for the
purpose for which such campaign committee was organized.
Such account may be an interest-bearing account; provided,
however, that any interest earned thereon shall be deemed
contributions and may only be used for the purposes allowed
under this chapter. All deposits shall be accompanied by a
bank deposit slip containing the name of each contributor
and the amount contributed by each, except that with re-
GEORGIA LAWS 1986 SESSION
971
spect to the proceeds derived from fundraisers, individual
contributions of less than $101.00 may be deposited in the
aggregate.
(d) Where separate contributions of less than $101.00
are knowingly received from a common source, such contri-
butions shall be aggregated for reporting purposes. For pur-
poses of fulfilling this requirement, members of the same
family, firm, or partnership or employees of the same person,
as defined in Code Section 21-5-3, shall be considered to be
a common source.
(e) The making and acceptance of anonymous contribu-
tions are prohibited. Any anonymous contributions received
by a candidate or campaign committee shall be transmitted
to the director of the Fiscal Division of the Department of
Administrative Services for deposit in the state treasury,
and the fact of such contribution and transmittal shall be
reported to the commission.
(f) A person acting on behalf of a public utility corpora-
tion regulated by the Public Service Commission shall not
make, directly or indirectly, any contribution to a political
campaign.
21-5-31. (a) Any person who accepts contributions for,
makes contributions to, or makes expenditures on behalf
of candidates is subject to the same disclosure requirements
of this chapter as a candidate, except that contributions from
individuals made directly to a candidate or his campaign
committee do not require separate reporting and except that
contributions from persons as defined in paragraph (14) of
Code Section 21-5-3 which do not exceed $500.00 in the aggre-
gate or which are made to only one candidate, regardless
of the amount, do not require separate reporting.
(b) When a contribution consists of the proceeds of a
loan, advance, or other extension of credit, the campaign
contribution disclosure report shall also contain the name
of the lending institution or party making the advance or
extension of credit and the names, mailing addresses, occupa-
tions, and places of employment of all persons having any
liability for repayment of the loan, advance, or extension
972
GENERAL ACTS AND RESOLUTIONS, VOL. I
of credit; and, if any such persons shall have a fiduciary
relationship to the lending institution or party making the
advance or extension of credit, the report shall specify such
relationship.
21-5-32. (a) The treasurer of each campaign committee
shall keep detailed accounts, current within not more than
five business days after the date of receiving a contribution
or making an expenditure, of all contributions received and
all expenditures made by or on behalf of the candidate or
committee. The treasurer shall also keep detailed accounts
of all deposits made in any savings account or certificate
of deposit and of all withdrawals made therefrom to the
separate campaign depository and of all interest earned
thereon.
(b) Accounts, including campaign savings accounts and
certificates of deposit, kept by the treasurer of a campaign
committee may be inspected under reasonable circumstances
before, during, or after the election to which the accounts
refer by any authorized representative of the commission.
The right of inspection may be enforced by appropriate writ
issued by any court of competent jurisdiction.
(c) Accounts kept by the campaign committee shall be
preserved for three years from the termination date of the
campaign committee for any candidate or for three years
from the election to bring about the approval or rejection
by the voters of any proposed constitutional amendment,
referendum, local issue, or recall vote.
21-5-33. (a) Contributions received by a candidate or
a campaign committee, or a public officer and any proceeds
from investing such contributions shall be utilized only to
defray ordinary and necessary expenses, which may include
any loan of money from a candidate or public officer to the
candidates campaign committee, incurred in connection
with the candidates campaign for elective office or a public
officers fulfillment or retention of such office.
Ob) (1) All contributions received by a candidate or
such candidates campaign committee or a public officer
in excess of those necessary to defray expenses pursuant
GEORGIA LAWS 1986 SESSION
973
to subsection (a) of this Code section and as determined
by the candidate or public officer may only be used as
follows:
(A) As contributions to any charitable organiza-
tion described in 26 U.S.C. 170(c) as said federal stat-
ute exists on March 1, 1986, and which additionally
shall include educational, eleemosynary, and non-
profit organizations;
(B) For transferral without limitation to any na-
tional, state, or local committee of any political party
or to any candidate;
(C) For repayment on a pro rata basis to persons
making such contributions;
(D) For use in future campaigns for any elective
office;
(E) For repayment of any prior campaign obliga-
tions incurred as a candidate; or
(F) (i) For any personal use; provided, however,
that no candidate or public officer shall convert
contributions to the personal use or benefit of the
candidate or public officer unless the candidate
or public officer shall have:
(I) Written to every contributor to the
most recent campaign to notify the contribu-
tor that the candidate or public officer intends
to convert contributions to the personal use
of the candidate or public officer;
(II) Extended an opportunity in writing
to every contributor to the most recent cam-
paign to receive a pro rata distribution from
the campaign committee in lieu of having the
contributions converted to the personal use
of the candidate or public officer, which oppor-
tunity shall not expire for at least 30 days
after extension of such opportunity; and
974
GENERAL ACTS AND RESOLUTIONS, VOL. I
(III) Distributed pro rata the contributions
to all who objected to the conversion of the
contributions to the personal use of the candi-
date or public officer.
(ii) Notwithstanding any other provision of
this subparagraph to the contrary, no repayment
or offer of repayment shall be required if there
is less than $5,000.00 in the campaign account
of a state-wide candidate or public officer or if
there is less than $1,000.00 in the campaign ac-
count of a candidate or elected official other than
a state-wide candidate or public officer.
(2) Any candidate or public officer may provide in
the will of the candidate or public officer that the contri-
butions shall be spent in any of the authorized manners
upon the death of the candidate or public officer; and,
in the absence of any such direction in the probated will
of the candidate or public officer, the contributions shall
be paid to the treasury of the state party with which
the candidate or public officer was affiliated in such candi-
dates or officers last election or elective office. Notwith-
standing any other provisions of this paragraph, the per-
sonal representative or executor of the estate shall be
allowed to use or pay out funds in the campaign account
in any manner authorized in subparagraphs (A) through
(F) of paragraph (1) of this subsection.
(c) Contributions shall not constitute personal assets of
the candidate or public officer unless and until such contribu-
tions are converted to the personal use of the candidate or
public officer as provided in subparagraph (b)(1)(F) of this
Code section.
21-5-34. (a) (1) The candidate or the chairman or
treasurer of each campaign committee organized to bring
about the nomination or election of a candidate for any
office except county and municipal offices and the chair-
man or treasurer of every campaign committee designed
to bring about the recall of a public officer or designed
to bring about the approval or rejection by the voters
GEORGIA LAWS 1986 SESSION
975
of any proposed constitutional amendment or state-wide
referendum shall file with the commission the required
campaign contribution disclosure reports. In addition,
a candidate for any state office or the chairman or trea-
surer of his or her campaign committee shall file a copy
of each of his or her reports with the election superinten-
dent of the county of his or her residence.
(2) (A) Any campaign committee which accepts
contributions or makes expenditures designed to
bring about the approval or rejection by the voters
of any proposed question which is to appear on the
ballot in any county or municipal election shall file
a campaign contribution disclosure report as pre-
scribed by this chapter; provided, however, that such
report shall only be required if such campaign com-
mittee has received contributions which total more
than $500.00 or if such campaign committee has made
expenditures which total more than $500.00. All ad-
vertising pertaining to referendums must identify the
principal officer of said campaign committee by con-
taining the name and title of the principal officer.
(B) If a campaign committee is required to file
a report under subparagraph (A) of this paragraph,
said report shall be filed with the election superinten-
dent of the county in the case of a county election
or with the municipal clerk in the case of a municipal
election. Any such report shall be filed 15 days prior
to the date of the election; and a final report shall
be filed prior to December 31 of the year in which
the election is held.
(3) A candidate for county office or the chairman
or treasurer of such candidates campaign committee
shall file the required campaign contribution disclosure
reports with the election superintendent in the respective
county of election.
(4) A candidate for municipal office or such candi-
dates campaign committee shall file the reports with
the municipal clerk in the respective municipality of elec-
tion or, if there is no clerk, with the chief executive officer
of the municipality.
976
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) All reports shall list the following:
(1) The amount, name, and mailing address of any
person making a contribution of $101.00 or more, includ-
ing the purchase of tickets for events such as dinners,
luncheons, rallies, and similar fundraising events;
(2) The name and mailing address and occupation
or place of employment of any person to whom an expen-
diture of $101.00 or more is made and the amount and
general purpose of such expenditure;
(3) When a contribution consists of a loan, advance,
or other extension of credit, the report shall also contain
the name of the lending institution or party making the
advance or extension of credit and the names, mailing
addresses, occupations, and places of employment of all
persons having any liability for repayment of the loan,
advance, or extension of credit; and, if any such persons
shall have a fiduciary relationship to the lending institu-
tion or party making the advance or extension of credit,
the report shall specify such relationship.
(c) Campaign committees which accept contributions or
make expenditures designed to bring about the nomination
or election of a candidate shall file campaign contribution
disclosure reports 45 days and 15 days before the primary
election and ten days after the primary election. Candidates
in a general or special election campaign shall make such
reports 15 days prior to the general or special election, and
all candidates shall make a final campaign contribution dis-
closure report not later than December 31 of the year in
which the election occurs. All candidates shall have a five-
day grace period in filing the required reports. If a run-off
election is required following a primary, general, or special
election, candidates in such an election shall make such re-
ports six days prior to the run-off election and shall have
a two-day grace period in filing the required report, with
the exception that, if an election is scheduled on a Wednes-
day, the grace period shall end the Friday preceding the
election. The mailing of said reports by United States mail
with adequate postage thereon, within the required filing
time, shall be prima-facie evidence of filing. A report or state-
GEORGIA LAWS 1986 SESSION
977
ment required to be filed by this Code section shall be verified
by the oath or affirmation of the person filing such report
or statement taken before an officer authorized to administer
oaths. Each report required in the calendar year of the elec-
tion shall contain cumulative totals of all contributions
which have been received and all expenditures which have
been made in support of the campaign in question and which
are required, or previously have been required, to be re-
ported.
(d) In the event any candidate covered by this chapter
has no opposition in either a primary or a general election
and receives no contribution of $101.00 or more, said candi-
date shall only be required to make the initial and final
report as required under this chapter.
(e) A supplemental campaign contribution disclosure
report shall be filed by each public officer elected to an office
covered by this chapter no later than December 31 of each
year following the year in which the election occurs. If no
contribution is received or expenditure made which is re-
quired to be reported under this chapter between the date
of the last campaign contribution disclosure report filed pur-
suant to this chapter and December 31 of any year, a supple-
mental campaign contribution disclosure report shall be re-
quired by this chapter and shall so indicate no contributions
or expenditures.
(f) Any campaign committee which accepts contribu-
tions or makes expenditures designed to bring about the
recall of a public official or to oppose the recall of a public
official shall file campaign contribution disclosure reports
with the commission as follows:
(1) An initial report shall be filed within 15 days
of the date when the official recall petition forms were
issued to the sponsors;
(2) A second report shall be filed 45 days after the
filing of the initial report;
(3) A third report shall be filed within 15 days after
the expiration date for acquiring signatures on the recall
petition;
978
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) A final report shall be filed prior to December
31 of the year in which the recall election is held; and
(5) In the case of state officials or county officials,
a copy of each of the reports shall also be filed with the
election superintendent in the county of residence of the
official sought to be recalled. In the case of municipal
officials, a copy of the reports shall also be filed with
the municipal clerk in the municipality of residence of
the official sought to be recalled or, if there is no clerk,
with the chief executive officer of the municipality.
(g) Any campaign committee which accepts contribu-
tions or makes expenditures designed to bring about the
approval or rejection by the voters of a proposed constitu-
tional amendment or a state-wide referendum shall file a
campaign contribution disclosure report with the commis-
sion 15 days prior to the date of the election and shall file
a final report prior to December 31 of the year in which
the election is held.
(h) In any county in which the county board of elections
does not maintain an office open to the public during normal
business hours for five days a week, the reports required
by this Code section shall be filed in the office of the judge
of the probate court of that county.
21-5-35. (a) Any member of the General Assembly or
that members campaign committee who accepts a report-
able campaign contribution during a legislative session shall
report the contribution to the proper authority on the first
day of the month following the month in which the contribu-
tion was accepted.
(b) Any person subject to Code Section 21-5-31 who gives
a contribution to a member of the General Assembly or that
members campaign committee during a legislative session
shall report the contribution to the proper authority on the
first day of the month following the month in which the
contribution was given.
21-5-36. (a) It shall be the duty of the commission or
filing officer to make the campaign contribution disclosure
GEORGIA LAWS 1986 SESSION
979
reports available for public inspection and copying during
regular office hours commencing as soon as practicable after
such filing. Such commission or filing officer shall have the
authority to charge a fee for copying such reports not to
exceed the actual cost thereof. The commission or filing offi-
cer shall preserve such reports for a period of five years
from the date upon which they are received. A filing officer
shall notify the commission in writing of:
(1) The names of all candidates and offices sought
in a special election, when held at a time other than
election dates scheduled by law or charter, within ten
days of the close of the qualification period; and
(2) Within ten days after the date a report is due,
the names and addresses of candidates or campaign com-
mittees which have not filed required campaign disclo-
sure reports as required by law in the election in ques-
tion.
A filing officer shall immediately notify the commission
when such officer shall receive any complaint against any
candidate offering for any office specified in Code Section
21-5-2 or against any campaign committee and shall forward
the commission a copy of the complaint. In the event any
complaint is against a county or municipal candidate, a copy
of the reports filed by such candidate shall be forwarded
to the commission along with the complaint.
(b) The commission or filing officer receiving original
reports has the duty to inspect each report filed with such
commission or officer by candidates or by a campaign com-
mittee for conformity with the law and to notify the candi-
date or campaign committee immediately if the report does
not conform with the law, is unsigned, or is otherwise in
technical violation of filing requirements.
ARTICLE 3
21-5-50. (a) Each public officer, as defined in para-
graph (15) of Code Section 21-5-3, shall file with the commis-
sion not before the first day of January nor later than Febru-
ary 15 of each year in which such public officer holds office,
980 GENERAL ACTS AND RESOLUTIONS, VOL. I
a financial disclosure statement for the preceding calendar
year. Each person who qualifies as a candidate for election
as a public officer shall file with the commission, not later
than the tenth day after which such person qualifies, a finan-
cial disclosure statement for the 12 month period ending
the month prior to such qualification. The commission shall
review each financial disclosure statement to determine that
such statement is in compliance with the requirements of
this chapter.
(b) A financial disclosure statement shall be in the form
specified by the commission and shall identify:
(1) All gifts, fees, and honoraria reasonably believed
by the public officer to be in excess of $500.00 received
from speaking engagements, participation in seminars,
discussion panels, or other activities which relate to the
duties of the public officer or the office of the public officer,
with a statement identifying the gift received and the
person from whom it was received;
(2) All fiduciary positions held by the candidate for
public office or the public officer, with a statement of
the title of each such position, the name and address
of the business entity, and the principal activity of the
business entity;
(3) All direct ownership interests, including any in-
tangible property, in any business entity, including the
name, address, principal activity of the business entity,
the office held by the candidate for public office or the
public officer within such business entity, and the duties
and responsibilities of the candidate for public office or
the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 10 per-
cent; or
(B) Such ownership interest has a fair market
value of more than $20,000.00;
(4) All direct ownership interests which have a fair
market value of more than $20,000.00 or represent at
GEORGIA LAWS 1986 SESSION
981
least 10 percent of the candidate for public offices or
the public officers net worth in real property, including
the county and state in which such property is located;
and, for purposes of this subparagraph, the fair market
value shall be the appraised value of the real property
for ad valorem tax purposes; and
(5) All annual payments in excess of $20,000.00 re-
ceived by the public officer or any business entity identi-
fied in paragraph (3) of this subsection from the state,
any agency, department, commission, or authority cre-
ated by the state, and authorized and exempted from
disclosure under Code Section 45-10-25, and the agency,
department, commission, or authority making the pay-
ments, and the general nature of the consideration ren-
dered for the source of the payments.
21-5-51. The financial disclosure reports required under
this part shall be verified by oath or affirmation of the public
officer filing the report, such oath or affirmation to be taken
before an officer authorized to administer oaths.
21-5-52. Depositing of a properly addressed financial
disclosure report in the United States mails with adequate
postage thereon shall constitute filing on the date of mailing.
21-5-53. Financial disclosure reports filed pursuant to
this part shall be public records and shall be subject to in-
spection and copying by any member of the public as pro-
vided by law for other public records.
Section 2. This Act shall become effective March 1, 1987.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
982
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROBATE COURTS IN COUNTIES OF MORE THAN 150,000
PRACTICE AND PROCEDURE; JURY TRIALS; APPEALS;
NEW TRIALS.
Code Titles 5, 15, 19, 24, 29, 31, 37, 40, 44, 49, and 53 Amended.
No. 1530 (House Bill No. 1367).
AN ACT
To provide for the right of jury trials and for appellate prac-
tice in certain probate courts of counties having a population
of more than 150,000 persons according to the United States
decennial census of 1980 or any future such census; to amend
Title 5 of the Official Code of Georgia Annotated, relating to
appeal and error, so as to provide that appeals from certain
probate courts shall lie to the Supreme Court or Court of Appeals
instead of the superior court; to provide that the writ of certio-
rari to superior court shall not be available from certain probate
courts; to allow certain probate courts to grant new trials; to
amend Chapter 9 of Title 15 of the Official Code of Georgia
Annotated, relating to probate courts, so as to provide for jury
trials in civil cases in probate courts of counties having a popula-
tion of more than 150,000 persons according to the United States
decennial census of 1980 or any future such census in which
the judge thereof has been admitted to the practice of law for
at least seven years; to provide exceptions; to provide for de-
mands for jury trials; to provide for practice, pleading, proce-
dure, and evidence; to provide for appeals and appellate proce-
dure; to provide for the execution of judgments; to provide for
fees; to amend Code Section 19-3-40 of the Official Code of Geor-
gia Annotated, relating to premarital blood tests, so as to provide
exceptions to the right of appeal to superior court; to amend
Code Section 24-8-21 of the Official Code of Georgia Annotated,
relating to the summary establishment of lost papers in the
probate courts, so as to provide exceptions to the right of appeal
to superior court; to amend Code Section 29-5-11 of the Official
Code of Georgia Annotated, relating to appeals from certain
guardianship orders, so as to provide exceptions to the right
of appeal to superior court; to amend Code Section 31-20-3 of
the Official Code of Georgia Annotated, relating to sterilization
of mentally incompetent persons, so as to provide certain excep-
GEORGIA LAWS 1986 SESSION
983
tions to the right of appeal to superior court; to amend Title
37 of the Official Code of Georgia Annotated, relating to mental
health, so as to provide for exceptions to the right of appeal
to superior court in certain cases; to amend Article 2 of Chapter
13 of Title 40 of the Official Code of Georgia Annotated, relating
to arrests, trials, and appeals in cases involving certain motor
vehicle and traffic offenses, so as to provide that all appeals of
convictions under Article 2 of Title 40 shall be on the record
of the hearing below and not by de novo jury trial; to amend
Code Section 44-9-59 of the Official Code of Georgia Annotated,
relating to procedures for the removal of obstructions to a pri-
vate way, so as to provide exceptions to the right of appeal to
superior court; to amend Article 8 of Chapter 4 of Title 49 of
the Official Code of Georgia Annotated, relating to personal rep-
resentatives to manage assistance payments, so as to provide
exceptions to the right of de novo jury appeals to superior court;
to amend Title 53 of the Official Code of Georgia Annotated,
relating to wills, trusts, and administration of estates, so as to
provide for appeals from decisions of the probate courts; to pro-
vide 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. Title 5 of the Official Code of Georgia Annotated,
relating to appeal and error, is amended by striking in its en-
tirety Code Section 5-3-2, relating to the right of appeal from
probate courts, and inserting in its place a new Code Section
5-3-2 to read as follows:
"5-3-2. (a) An appeal shall lie to the superior court
from any decision made by the probate court, except an order
appointing a temporary administrator.
(b) Notwithstanding subsection (a) of this Code section,
no appeal from the probate court to the superior court shall
lie from any civil case in a probate court which is provided
for by Article 6 of Chapter 9 of Title 15.
Section 2. Said title is further amended by striking in its
entirety Code Section 5-3-29, relating to de novo investigations
984
GENERAL ACTS AND RESOLUTIONS, VOL. I
on appeal, and inserting in its place a new Code Section 5-3-
29 to read as follows:
"5-3-29. An appeal to the superior court in any case
where not otherwise provided by law is a de novo investiga-
tion. It brings up the whole record from the court below;
and all competent evidence shall be admissible on the trial
thereof, whether adduced on a former trial or not. Either
party is entitled to be heard on the whole merits of the
case.
Section 3. Said title is further amended by striking in its
entirety Code Section 5-4-1, relating to when certiorari shall
lie, and inserting in its place a new Code Section 5-4-1 to read
as follows:
"5-4-1. (a) The writ of certiorari shall lie for the correc-
tion of errors committed by any inferior judicatory or any
person exercising judicial powers, including the judge of the
probate court, except in cases touching the probate of wills,
granting letters testamentary, and of administration.
(b) Notwithstanding subsection (a) of this Code section,
the writ of certiorari shall not lie in civil cases in the probate
courts which are provided for by Article 6 of Chapter 9 of
Title 15.
Section 4. Said title is further amended by striking in its
entirety Code Section 5-5-1, relating to the power of certain
courts to grant new trials, and inserting in its place a new Code
Section 5-5-1 to read as follows:
"5-5-1. (a) The superior, state, and city courts shall
have power to correct errors and grant new trials in cases
or collateral issues in any of the respective courts in such
manner and under such rules as they may establish accord-
ing to law and the usages and customs of courts.
(b) Probate courts shall have power to correct errors
and grant new trials in civil cases provided for by Article
6 of Chapter 9 of Title 15 under such rules and procedures
as apply to the superior courts.
GEORGIA LAWS 1986 SESSION
985
Section 5. Said title is further amended by designating
the existing language of subsection (a) of Code Section 5-6-33,
relating to the right of appeal generally, as paragraph (1) and
by adding a new paragraph, to be designated paragraph (2),
so that when so amended, subsection (a) shall read as follows:
"(a) (1) Either party in any civil case and the defen-
dant in any criminal proceeding in the superior, state,
or city courts, may appeal from any sentence, judgment,
decision, or decree of the court, or of the judge thereof
in any matter heard at chambers.
(2) Either party in any civil case in the probate
courts provided for by Article 6 of Chapter 9 of Title
15 may appeal from any judgment, decision, or decree
of the court, or of the judge thereof in any matter heard
at chambers.
Section 6. Chapter 9 of Title 15 of the Official Code of
Georgia Annotated, relating to probate courts, is amended by
adding at the end thereof a new article, to be designated Article
6, to read as follows:
"ARTICLE 6
15-9-120. As used in this article, the term:
(1) 'Civil case means those civil matters:
(A) Over which the judge of the probate court
exercises judicial powers;
(B) Within the original, exclusive, or general
subject matter jurisdiction of the probate court; and
(C) Which, if not for this article and Code Section
5-6-33, could be appealed to superior court for a de
novo investigation with the right to a jury trial under
Code Sections 5-3-2 and 5-3-29.
(2) 'Probate court means a probate court of a county
having a population of more than 150,000 persons accord-
ing to the United States decennial census of 1980 or any
986
GENERAL ACTS AND RESOLUTIONS, VOL. I
future such census in which the judge thereof has been
admitted to the practice of law for at least seven years.
15-9-121. (a) A party to a civil case in the probate
court shall have the right to a jury trial if such right
is asserted by a written demand for jury trial with the
first pleading of the party. If a party fails to assert the
right to a jury trial, the right shall be deemed waived
and may not thereafter be asserted.
(b) Notwithstanding other laws, for any civil case
in which a jury trial is demanded, the determination
of issues of fact shall not be made by the probate judge
but shall be for the jury as in cases in the superior courts.
(c) If the civil case could not be appealed to a jury
in superior court from a probate court not meeting the
definition provided in paragraph (2) of Code Section 15-
9-120, the right to a jury trial shall not be available in
a probate court which meets such definition.
15-9-122. Unless provided to the contrary by Code
Section 9-11-81, the general laws and rules of practice,
pleading, procedure, and evidence which are applicable
to the superior courts of this state shall be applicable
to and govern in civil cases in the probate courts.
15-9-123. (a) Either party to a civil case in the pro-
bate court shall have the right of appeal to the Supreme
Court or the Court of Appeals, as provided by Chapter
6 of Title 5.
(b) The general laws and rules of appellate practice
and procedure which are applicable to cases appealed
from the superior courts of this state shall be applicable
to and govern appeals of civil cases from the probate
courts.
15-9-124. The general laws and rules applicable to
the execution and enforcement of judgments in the supe-
rior courts of this state shall be applicable to and govern
civil cases in the probate courts.
15-9-125. All laws with reference to the number,
composition, qualifications, impaneling, challenging, and
GEORGIA LAWS 1986 SESSION
987
compensation of jurors in superior courts shall apply to
and be observed by the probate courts in civil cases.
15-9-126. For services rendered in jury trials and
in appeals to the Supreme Court or Court of Appeals,
if a fee is not prescribed by Code Section 15-9-60, the
judge of the probate court shall be entitled to the same
fee as that of the clerk of the superior court provided
in Code Section 15-6-77 for similar services in superior
court.
Section 7. Code Section 19-3-40 of the Official Code of Geor-
gia Annotated, relating to premarital blood tests, is amended
by striking in its entirety subsection (f) and inserting in its
place a new subsection (f) to read as follows:
"(f) Except as provided in Article 6 of Chapter 9 of Title
15, when an applicant has been refused a license to marry
by reason of paragraph (1) of subsection (b) of this Code
section, the applicant shall have the right to appeal to the
superior court in the county wherein the applicant resides
within 60 days after the refusal. The superior court judge
is empowered to hear an applicants appeal in a summary
way at any place in his judicial circuit without the interven-
tion of a jury. The aggrieved party shall submit to the court
the laboratory examination reports that are material to the
hearing of the appeal. If, after hearing expert medical testi-
mony, in the opinion of the court the applicant is free of
syphilis or is not in a stage of the disease which may become
communicable, the court shall order the licensing authority
to issue a license to the person to marry, provided all other
requirements of the law regulating the issuance of marriage
licenses are complied with. A certified copy of the courts
order shall be filed with the licensing authority issuing the
license to marry and shall be accepted in lieu of any and
all other certificates required under this Code section.
Section 8. Code Section 24-8-21 of the Official Code of Geor-
gia Annotated, relating to the summary establishment of lost
papers in the probate court, is amended by striking in its en-
tirety subsection (e) and inserting in its place a new subsection
(e) to read as follows:
"(e) Except as provided in Article 6 of Chapter 9 of Title
15, if either party to the proceedings provided for in this
988
GENERAL ACTS AND RESOLUTIONS, VOL. I
Code section is dissatisfied, he may appeal upon giving the
usual bond and security for costs, as in cases of appeal from
the probate court to the superior court. The appeal shall
be tried in the superior court from all the pleadings and
proceedings as were before the judge of the probate court.
In the superior court the case shall be tried and determined
as provided in Code Sections 24-8-24 through 24-8-27.
Section 9. Code Section 29-5-11 of the Official Code of Geor-
gia Annotated, relating to appeals from certain guardianship
orders, is amended by striking in its entirety subsection (a) and
inserting in its place a new subsection (a) to read as follows:
"(a) Except as provided in Article 6 of Chapter 9 of
Title 15, the ward, individually or by his attorney, his repre-
sentatives, or his guardian ad litem, or the petitioner may
appeal from any final order of the probate court to the supe-
rior court in the county in which the proceedings were held.
The appeal shall be in the same manner as other appeals
from the probate court to the superior court but shall be
heard as expeditiously as possible. The appeal shall be de
novo unless the parties by agreement specifically limit the
issues. The ward shall retain his right to counsel or to have
counsel appointed for him. The burden of proof shall be upon
the petitioner and the standard used by the court in reaching
its decision shall be clear and convincing evidence.
Section 10. Code Section 31-20-3 of the Official Code of Geor-
gia Annotated, relating to sterilization of mentally incompetent
persons, is amended by striking in its entirety paragraph (6)
of subsection (c) and inserting in its place a new paragraph
(6) to read as follows:
"(6) Except as provided in Article 6 of Chapter 9 of
Title 15, 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
GEORGIA LAWS 1986 SESSION
989
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.
Section 11. Title 37 of the Official Code of Georgia Anno-
tated, relating to mental health, is amended by striking in its
entirety Code Section 37-3-150, relating to the rights of mentally
ill patients to appeal orders, and inserting in its place a new
Code Section 37-3-150 to read as follows:
"37-3-150. The patient, his representatives, or his attor-
ney may appeal any order of the probate court or hearing
officer rendered in a proceeding under this chapter to the
superior court of the county in which the proceeding was
held, except as otherwise provided in Article 6 of Chapter
9 of Title 15, and may appeal any order of the juvenile court
rendered in a proceeding under this chapter to the Court
of Appeals and the Supreme Court. The appeal to the supe-
rior court shall be made in the same manner as appeals
from the probate court to the superior court, except that
the appeal shall be heard before the court sitting without
a jury as soon as practicable but not later than 30 days
following the date on which the appeal is filed with the clerk
of the superior court. The appeal from the order of the juve-
nile court to the Court of Appeals and the Supreme Court
shall be as provided by law but shall be heard as expedi-
tiously as possible. The patient must pay all costs upon filing
any appeal authorized under this Code section or must make
an affidavit that he is unable to pay costs. The patient shall
retain all rights of review of any order of the superior court,
the Court of Appeals, and the Supreme Court as provided
by law. The patient shall have a right to counsel or, if unable
to afford counsel, shall have counsel appointed for him by
the court.
990
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 12. Said title is further amended by striking in
its entirety Code Section 37-4-110, relating to the rights of cer-
tain mentally retarded persons to appeal orders, and inserting
in its place a new Code Section 37-4-110 to read as follows:
37-4-110. The client, his representatives, or his attor-
ney may appeal any order of the probate court or hearing
officer rendered in a proceeding under this chapter to the
superior court of the county in which the proceeding was
held, except as otherwise provided in Article 6 of Chapter
9 of Title 15, and may appeal any order of the juvenile court
rendered in a proceeding under this chapter to the Court
of Appeals and the Supreme Court. The appeal to the supe-
rior court shall be made in the same manner as appeals
from the probate court to the superior court, except that
the appeal shall be heard before the court sitting without
a jury as soon as practicable but not later than 30 days
following the date on which the appeal is filed with the clerk
of the superior court. The appeal from the order of the juve-
nile court to the Court of Appeals and the Supreme Court
shall be as provided by law but shall be heard as expedi-
tiously as possible. The client must pay all costs upon filing
any appeal authorized under this Code section or must make
an affidavit that he is unable to pay costs. The client shall
retain all rights of review of any order of the superior court,
the Court of Appeals, and the Supreme Court as provided
by law. The client shall have a right to counsel or, if unable
to afford counsel, shall have counsel appointed for him by
the court.
Section 13. Said title is further amended by striking in
its entirety Code Section 37-7-150, relating to the rights of alco-
holic or drug abusing patients to appeal orders, and inserting
in its place a new Code Section 37-7-150 to read as follows:
37-7-150. The patient, his representatives, or his attor-
ney may appeal any order of the probate court or hearing
officer rendered in a proceeding under this chapter to the
superior court of the county in which the proceeding was
held, except as otherwise provided in Article 6 of Chapter
9 of Title 15, and may appeal any order of the juvenile court
rendered in a proceeding under this chapter to the Court
of Appeals and the Supreme Court. The appeal to the supe-
rior court shall be made in the same manner as appeals
from the probate court to the superior court, except that
GEORGIA LAWS 1986 SESSION
991
the appeal shall be heard before the court sitting without
a jury as soon as practicable but not later than 30 days
following the date on which the appeal is filed with the clerk
of the superior court. The appeal from the order of the juve-
nile court to the Court of Appeals and the Supreme Court
shall be as provided by law but shall be heard as expedi-
tiously as possible. The patient must pay all costs upon filing
any appeal authorized under this Code section or must make
an affidavit that he is unable to pay costs. The patient shall
retain all rights of review of any order of the superior court,
the Court of Appeals, and the Supreme Court, as provided
by law. The patient shall have a right to counsel or, if unable
to afford counsel, shall have counsel appointed for him by
the court.
Section 14. Said title is further amended by striking in
its entirety subsection (j) of Code Section 37-8-34, relating to
the involuntary commitment of alcoholics, and inserting in its
place a new subsection (j) to read as follows:
"(j) The court shall inform the person whose commit-
ment or recommitment is sought of his right to contest the
application, appeal, be represented by counsel at every stage
of any proceedings relating to his commitment and recom-
mitment, and have counsel appointed by the court or pro-
vided by the court if he wants the assistance of counsel and
is unable to obtain counsel. If the court believes that the
person needs the assistance of counsel, the court shall re-
quire counsel for him, by appointment if necessary, regard-
less of his wishes. The person whose commitment or recom-
mitment is sought shall be informed of his right to be
examined by a licensed physician of his choice. If the person
is unable to obtain a licensed physician and requests exami-
nation by a physician, the court shall employ a licensed
physician.
Section 15. Article 2 of Chapter 13 of Title 40 of the Official
Code of Georgia Annotated, relating to arrests, trials, and ap-
peals in cases involving certain motor vehicle and traffic of-
fenses, is amended by striking Code Section 40-13-28, relating
to appeal to the superior courts, in its entirety and inserting
in lieu thereof a new Code Section 40-13-28, to read as follows:
"40-13-28. Any defendant convicted under this article
shall have the right of appeal to the superior court. The
992
GENERAL ACTS AND RESOLUTIONS, VOL. I
provisions of Code Sections 5-3-29 and 5-3-30 shall not apply
to appeals under this Code section. Otherwise, the appeal
shall be entered as appeals are entered from the probate
court to the superior court, provided that the defendant shall
be entitled to bail and shall be released from custody upon
giving the bond as is provided for appearances in criminal
cases in the courts of this state. Such bond shall have the
same conditions as appearance bonds in criminal cases. The
appeal to the superior court shall not be a de novo investiga-
tion before a jury but shall be on the record of the hearing
as certified by the judge of that court who presided at the
hearing below.
Section 16. Code Section 44-9-59 of the Official Code of
Georgia Annotated, relating to procedures for the removal of
obstructions to a private way, is amended by striking in its
entirety subsection (b) and inserting in its place a new subsection
(b) to read as follows:
"(b) Except as otherwise provided in Article 6 of Chap-
ter 9 of Title 15, either party who is dissatisfied with the
judgment of the judge of the probate court pursuant to sub-
section (a) of this Code section may appeal to the superior
court as a matter of right.
Section 17. Article 8 of Chapter 4 of Title 49 of the Official
Code of Georgia Annotated, relating to personal representatives
to manage assistance payments, is amended by striking in its
entirety Code Section 49-4-172, relating to appeals from orders
appointing or removing personal representatives, and inserting
in its place a new Code Section 49-4-172 to read as follows:
49-4-172. Except as otherwise provided in Article 6 of
Chapter 9 of Title 15, from the order of the court appointing
or removing such personal representative, an appeal may
be had to the judge of the superior court, who shall hear
the matter de novo without a jury.
Section 18. Title 53 of the Official Code of Georgia Anno-
tated, relating to wills, trusts, and the administration of estates,
is amended by striking in its entirety subsection (a) of Code
Section 53-3-22, relating to the approval of certain settlement
agreements, and inserting in its place a new subsection (a) to
read as follows:
GEORGIA LAWS 1986 SESSION
993
"(a) Except as otherwise provided in Article 6 of Chap-
ter 9 of Title 15, any judge of the superior courts, on appeal,
on the issue of devisavit vel non (will or no will) may approve
a settlement agreement between all parties, under which
probate is granted or denied, providing for a disposition of
property contrary to the terms of a will. Any settlement
agreement which provides for the sustaining of the caveat
or the disposition of the property contrary to the terms of
the will must be approved by a judge of the superior courts
after a hearing, notice of which shall be given as the court
may direct, at which evidence is introduced and at which
the judge finds as a matter of fact that the caveat is meritori-
ous.
m
Section 19. Said title is further amended by striking in
its entirety Code Section 53-3-23, relating to rights of executors
to recover expenses if a will is refused probate, and inserting
in its place a new Code Section 53-3-23 to read as follows:
"53-3-23. Those who are named as executors in pur-
ported wills of decedents shall be entitled to recover expenses
from the estate of the decedent, including reasonable attor-
neys fees if the services of an attorney are employed for
offering wills for probate in solemn or common form, even
if the will is subsequently determined not to be the valid
will of the testator. However, such person shall not be enti-
tled to recover from the estate the expenses and attorneys
fees incurred in the effort to sustain the will in the event
of a contest unless the person proceeds in good faith. The
probate court shall determine, upon the petition of a person
named as executor, the amount of expenses and the amount
to be paid the attorney so employed, and its order shall be
subject to appeal as is provided in other cases.
Section 20. Said title is further amended by striking in
its entirety subsection (d) of Code Section 53-5-21, relating to
applications for approval of conveyances or encumbrances, and
inserting in its place a new subsection (d) to read as follows:
"(d) An appeal shall lie in the manner, under the re-
strictions, and with the effect provided for appeals from the
judge of the probate court in other cases.
994
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 21. Said title is further amended by striking in
its entirety subsection (b) of Code Section 53-7-97, relating to
procedures in certain actions to compel the making of title,
and inserting in its place a new subsection (b) to read as follows:
"(b) When objections in writing are filed in the office
of the judge of the probate court, it shall be the duty of
the judge to hear evidence as to whether or not the conditions
of the bond or contract for the sale of land have been com-
plied with by the payment of the purchase money and to
grant an order requiring the title to be made or not, as he
may think the principles of justice may require. Either party,
if dissatisfied with the decision, may appeal upon the same
terms as appeals are granted in other cases.
Section 22. Said title is further amended by striking in
its entirety Code Section 53-7-187, relating to objections and
appeals in intermediate final reports, and inserting in its place
a new Code Section 53-7-187 to read as follows:
"53-7-187. At or before the time fixed for hearing, any
parties at interest may file objections to the fiduciarys re-
port, actions, and accounting, in which case the hearing on
the accounting shall be automatically continued until the
next regular term of the probate court, when, subject to
the courts power to grant continuances, the same shall be
heard as other cases pending in the court, with like right
of appeal to the superior court; in such case, an appeal by
consent may be taken to the superior court. Such appellate
procedures shall not apply to cases provided for by Article
6 of Chapter 9 of Title 15. The parties at interest who have
been regularly served as provided in subsection (c) of Code
Section 53-7-184 and who have filed no objections to the re-
port and accounting need not be served with notice of an
appeal or any other or further proceedings, and their consent
shall not be required for an appeal to the superior court.
Section 23. Said title is further amended by striking in
its entirety Code Section 53-8-42, relating to appeals from orders
regarding private conveyances of rights of way and easements,
and inserting in its place a new Code Section 53-8-42 to read
as follows:
GEORGIA LAWS 1986 SESSION
995
"53-8-42. An appeal shall lie in the manner, under the
restrictions, and with the effect provided for appeals from
the probate court in other cases.
Section 24. Said title is further amended by striking in
its entirety Code Section 53-9-26, relating to the final return
of conservators on the reappearance of a missing person, and
inserting in its place a new Code Section 53-9-26 to read as
follows:
"53-9-26. If, at any time before the missing person has
been declared legally dead by a competent court in a proceed-
ing brought for that purpose, the missing person reappears,
the conservator shall thereupon and within 60 days after
demand by the missing person make a final return to the
judge of the probate court. Upon approval of the final return
by the judge, he shall pay over and deliver all of the funds
and property in his hands to the missing person. The missing
person, as well as the conservator, shall have the right to
appeal from any decision of the judge of the probate court
approving or disapproving the final return in the manner
provided by law.
Section 25. This Act shall become effective July 1, 1986,
and shall apply to all cases filed on or after such date.
Section 26. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
996
GENERAL ACTS AND RESOLUTIONS, VOL. I
PUBLIC OFFICERS AND EMPLOYEES VACANCIES IN
OFFICE; ELECTIONS; CALLS; NOTICES; RESIGNATIONS OF
MEMBERS OF CONGRESS AND ALL STATE, COUNTY, AND
MUNICIPAL OFFICERS.
Code Sections 45-5-1 and 45-5-5 Amended.
Code Section 20-2-54 Repealed.
No. 1531 (House Bill No. 1501).
AN ACT
To amend Chapter 5 of Title 45 of the Official Code of Georgia
Annotated, relating to vacancies in public offices, so as to provide
that upon the occurrence of a vacancy in any office in this state,
the officer or body authorized to fill the vacancy or call an elec-
tion to fill the vacancy shall do so without the necessity of a
judicial determination of the occurrence of the vacancy; to re-
quire notice of such action in certain cases; to provide for proce-
dures for the resignations of senators and representatives of
the State of Georgia in the United States Congress and all state,
county, and municipal officers; to provide for the specific repeal
of certain provisions relating to the resignation of a member
of a county board of education or a county school superintendent;
to provide for all related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 45 of the Official Code of
Georgia Annotated, relating to vacancies in public offices, is
amended by striking Code Section 45-5-1, relating to vacation
of office, and inserting in its place a new Code section to read
as follows:
"45-5-1. (a) All offices in the state shall be vacated:
(1) By the death of the incumbent;
(2) By resignation, when accepted;
(3) By decision of a competent tribunal declaring
the office vacant;
GEORGIA LAWS 1986 SESSION
997
(4) By voluntary act or misfortune of the incumbent
whereby he is placed in any of the specified conditions
of ineligibility to office;
(5) By the incumbent ceasing to be a resident of the
state or of the county, circuit, or district for which he
was elected;
(6) By failing to apply for and obtain commissions
or certificates or by failing to qualify or give bond, or
both, within the time prescribed by the laws and Consti-
tution of Georgia; or
(7) By abandoning the office or ceasing to perform
its duties, or both.
(b) Upon the occurrence of a vacancy in any office in
the state, the officer or body authorized to fill the vacancy
or call for an election to fill the vacancy shall do so without
the necessity of a judicial determination of the occurrence
of the vacancy. Before doing so, however, the officer or body
shall give at least ten days notice to the person whose office
has become vacant, except that such notice shall not be re-
quired in the case of a vacancy caused by death, final convic-
tion of a felony, or written resignation. The decision of the
officer or body to fill the vacancy or call an election to fill
the vacancy shall be subject to an appeal to the superior
court; and nothing in this subsection shall affect any right
of any person to seek a judicial determination of the eligibil-
ity of any person holding office in the state. The provisions
of this subsection shall apply both to vacancies occurring
under this Code section and to vacancies occurring under
other laws of this state.
Section 2. Said chapter is further amended by striking
Code Section 45-5-5, relating to when resignations are to be
made to the Governor, which reads as follows:
"45-5-5. The resignations of Georgias senators and rep-
resentatives in the United States Congress, members of the
General Assembly, and of all officers whose commissions are
issued from the office of Secretary of State or the office of
the Governor and whose places may be filled by executive
appointment shall be made to the Governor.,
998 GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in its place a new Code Section 45-5-5 to read
as follows:
45-5-5. (a) The resignations of all state and county
officers and senators and representatives of the State of Geor-
gia in the United States Congress shall be made to the Gover-
nor. If the resignation is from an office which may not be
filled by executive appointment of the Governor, the Gover-
nor shall, upon receiving the resignation, promptly notify
the appropriate official of the state or county to fill the va-
cancy or to initiate the process for filling the vacancy accord-
ing to law.
(b) The resignations of municipal officers shall be made
to the governing authority of the municipality who shall
fill the vacancies in accordance with law.
Section 3. Code Section 20-2-54 of the Official Code of Geor-
gia Annotated, relating to the resignation of a member of a
county board of education or a county school superintendent,
which reads as follows:
20-2-54. When any member of a county board of educa-
tion or a county school superintendent resigns, his resigna-
tion shall be tendered in writing to the county board of educa-
tion.,
is repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
GEORGIA LAWS 1986 SESSION
999
RETIREMENT AND PENSIONS COMPTROLLER
GENERAL; REFERENCES CHANGED TO COMMISSIONER
OF INSURANCE.
Code Sections 47-2-201 and 47-19-1 Amended.
No. 1532 (House Bill No. 1508).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated,
relating to retirement and pensions, so as to change all refer-
ences to the Comptroller General contained in Title 47 to Com-
missioner of Insurance; 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 Anno-
tated, relating to retirement and pensions, is amended by strik-
ing Code Section 47-2-201, relating to the membership of certain
state officials in the Employees Retirement System of Georgia,
and inserting in lieu thereof a new Code Section 47-2-201 to
read as follows:
47-2-201. The provisions of this or any other law to
the contrary notwithstanding, any person who becomes State
Treasurer, State School Superintendent, Commissioner of
Insurance, Secretary of State, Attorney General, Commis-
sioner of Labor, Commissioner of Agriculture, or Public Ser-
vice Commissioner after April 1, 1964, shall become a mem-
ber of the retirement system and shall not be eligible for
the corresponding emeritus position, provided that any per-
son holding any of these offices on April 1, 1964, shall not
be prohibited from appointment to the corresponding emeri-
tus position.
Section 2. Said title is further amended by striking Code
Section 47-19-1, relating to the creation of the State Employees
Assurance Department, and inserting in lieu thereof a new Code
Section 47-19-1 to read as follows:
1000
GENERAL ACTS AND RESOLUTIONS, VOL. I
"47-19-1. There is created a department of the state
government to be known as the State Employees Assurance
Department. The department shall be managed by a board
of directors consisting of the Commissioner of Insurance,
the Commissioner of Labor, the state auditor, the commis-
sioner of personnel administration, and two members to be
appointed by the Governor.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
CHILD CUSTODY VISITATION RIGHTS OF THE
NONCUSTODIAL PARENT.
Code Sections 19-9-1 and 19-9-3 Amended.
No. 1533 (House Bill No. 1551).
AN ACT
To amend Article 1 of Chapter 9 of Title 19 of the Official
Code of Georgia Annotated, relating to child custody proceedings
in general, so as to provide that certain provisions of law shall
not be interpreted to deny the noncustodial parent the right
to reasonable visitation determined by the court as in other
cases; to provide for all related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
1001
Section 1. Article 1 of Chapter 9 of Title 19 of the Official
Code of Georgia Annotated, relating to child custody proceedings
in general, is amended by striking subsection (a) of Code Section
19-9-1, relating to determination of custody and visitation, and
inserting in its place a new subsection (a) to read as follows:
"(a) In all cases in which a divorce is granted, the party
not in default shall be entitled to the custody of the minor
children of the marriage. However, in all cases in which a
divorce is granted, an application for divorce is pending,
or a change in custody of a minor child is sought, the court,
in the exercise of a sound discretion, may look into all the
circumstances of the parties, including improvement of the
health of a party seeking a change in custody provisions,
and, after hearing both parties, may make a different disposi-
tion of the children, placing them, if necessary, in possession
of guardians appointed by the judge of the probate court.
In all such cases in which the child has reached the age of
14 years, the child shall have the right to select the parent
with whom he desires to live. The childs selection shall be
controlling, unless the parent so selected is determined not
to be a fit and proper person to have the custody of the
child. The court may issue an order granting temporary cus-
tody to the selected parent for a trial period not to exceed
six months regarding the custody of a child who has reached
the age of 14 years where the judge hearing the case deter-
mines such a temporary order is appropriate. Nothing in
this Code section shall be interpreted to deny the noncusto-
dial parent the right to reasonable visitation determined
by the court as in other cases.
Section 2. Said article is further amended by striking sub-
section (a) of Code Section 19-9-3, relating to determination of
custody and visitation, and inserting in its place a new subsec-
tion to read as follows:
"(a) In all cases in which the custody of any minor child
or children is at issue between the parents, there shall be
no prima-facie right to the custody of the child or children
in the father. The court hearing the issue of custody, in
exercise of its sound discretion, may take into consideration
all the circumstances of the case, including the improvement
of the health of the party seeking a change in custody provi-
1002
GENERAL ACTS AND RESOLUTIONS, VOL. I
sions, in determining to whom custody of the child or chil-
dren should be awarded. The duty of the court in all such
cases shall be to exercise its discretion to look to and deter-
mine solely what is for the best interest of the child or chil-
dren and what will best promote their welfare and happiness
and to make its award accordingly. In all custody cases in
which the child has reached the age of 14 years, the child
shall have the right to select the parent with whom he de-
sires to live. The childs selection shall be controlling unless
the parent so selected is determined not to be a fit and proper
person to have the custody of the child. Nothing in this Code
section shall be interpreted to deny the noncustodial parent
the right to reasonable visitation determined by the court
as in other cases.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 3, 1986.
CLERKS OF SUPERIOR COURTS FEES AND COSTS.
Code Titles 9, 11, 15, 40, and 44 Amended.
No. 1534 (House Bill No. 1644).
AN ACT
To amend Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, so as to change certain
fees and costs in certain civil and criminal actions and proceed-
ings; to provide for the payment of these costs; to provide for
the hours of operation of the office of clerk of the superior court;
GEORGIA LAWS 1986 SESSION
1003
to amend Code Section 9-15-4 of the Official Code of Georgia
Annotated, relating to deposits prior to filing, so as to change
certain references to certain fees; to amend Chapter 9 of Title
11 of the Official Code of Georgia Annotated, relating to secured
transactions, so as to change certain references to certain fees;
to amend Code Section 40-5-53 of the Official Code of Georgia
Annotated, relating to the courts responsibility for forwarding
traffic convictions, so as to provide that the clerks of any court
forwarding a record of a conviction shall retain as additional
compensation any fee paid by the state for such report; to amend
Code Section 44-14-142 of the Official Code of Georgia Annotated,
relating to recording affidavits, so as to change certain refer-
ences to certain fees; 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 6 of Title 15 of the Official Code of
Georgia Annotated, relating to superior courts, is amended by
striking subsection (b) of Code Section 15-6-77, relating to fees
in superior court, which reads as follows:
"(b) Fees in civil cases:
(1) Before filing any civil case or pro-
ceeding, in accordance with Code
Section 9-15-4, deposit of.......... $ 20.00
The deposit required by this paragraph shall be
the total deposit collectable by the clerk for
filing any civil case or proceeding. Such deposit
shall not be required if the party desiring to
file such case or proceeding is unable, because
of his indigence, to pay such deposit and such
party files with the clerk an affidavit to such
effect, as provided by law. Nothing contained
in this paragraph shall be deemed to require
such deposit of the state, its agencies, or politi-
cal subdivisions.
(2) Filing and docketing actions,
complaints, or motion............... 4.00
1004
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Copying and issuing process or
summons.................|S...4.00
(4) Each copy after first copy.............. 2.00
(5) Entering verdict or judgment on
dockets .;.;...;i....;..i...........*..J? 2.00
(6) Filing all pleadings and instruments
subsequent to any complaint in any
case, each....................................1.00
(7) Writ of partition of land and
recording proceedings in case............... 10.00
(8) Validation and confirmation of
revenue bonds pursuant to Code
Section 36-82-79, first 500 bonds, each 1.00
All bonds over 500, each.................... .50
(9) Issuing certificate of adoption under
seal of the court pursuant to Code
Section 19-8-15.............................. 2.00
(10) Recording proceedings in all cases of
habeas corpus, per page..................... 1.50
(11) For performing the duties required of
them in all cases of trover, regardless
of the amount involved in such ac-
tions, the clerks shall receive the same
fees as in other civil cases.
(12) In addition to all other legal costs
charged and collected in each civil ac-
tion, case, or proceeding, in accor-
dance with subsection (a) of Code
Section 47-14-51, the sum of....... 1.00,
and inserting in lieu thereof a new subsection (b) to read as
follows:
GEORGIA LAWS 1986 SESSION
1005
"(b) Fees in civil cases:
(1) (A) As used in this paragraph, the term 'domes-
tic civil cases means divorce cases, alimony cases,
annulment cases, and separate maintenance cases,
and any modification of decree in any such cases.
(B) Except as provided in Code Section 15-6-77.2,
Code Section 15-6-77.3, and Code Section 47-14-51, the
total costs for all services rendered by the clerk of
superior court in domestic civil cases shall be $40.00,
plus $8.00 for each party other than the original
plaintiff and defendant.
(2) Except as provided in Code Section 15-6-77.2,
Code Section 15-6-77.3, Code Section 47-14-51, and para-
graphs (1) and (5) of this subsection, the total costs for
all services rendered by the clerk of superior court in
civil cases shall be $55.00, plus $8.00 for each party other
than the original plaintiff and defendant.
(3) Nothing contained in this subsection shall be
construed so as to prohibit the collection of any other
costs authorized by law for postjudgment proceedings or
for any other services which the clerk or the sheriff shall
perform. Nothing contained in Code Section 15-6-77 or
this Code section shall be construed to affect in any way
the power and authority of the superior courts from tax-
ing costs in accordance with law, but no costs shall be
refunded by the clerk unless and until the same have
been paid to the clerk by the losing party.
(4) The sums specified in this subsection shall be
collected by the clerk at the time of filing of any civil
case or proceeding. Such sum shall not be required if
the party desiring to file such case or proceeding is un-
able, because of his indigence, to pay such sum and such
party files with the clerk an affidavit to such effect, as
provided by law. Nothing contained in this subsection
shall be deemed to require such sum of the state, its
agencies, or political subdivisions.
1006
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) In all cases involving condemnations or the vali-
dation and confirmation of revenue bonds pursuant to
Code Section 36-82-79, the fees shall be:
(A) Filing and docketing actions,
complaints, or motions...... $ 4.00
(B) Copying and issuing process or
summons.................... 4.00
(C) Each copy after first copy........ 2.00
(D) Entering verdict or judgment on
dockets........................ 2.00
(E) Filing all subsequent pleadings
and instruments................ 1.00
(F) Validation and confirmation of
revenue bonds pursuant to
Code Section 36-82-79, first
500 bonds, each.............. 1.00
All bonds over 500, each........ .50
(G) Recording on final record, per
page ...................... 1.50
Section 2. Said chapter is further amended by striking
subsections (c) through (f) of Code Section 15-6-77, relating to
fees in superior court, and inserting in lieu thereof new subsec-
tions (c) through (f) to read as follows:
"(c) Fees for filing and recording documents, instru-
ments, etc., pertaining to property:
(1) Recording and returning to sender all
instruments pertaining to real estate,
and deeds of trust or amendments
thereto, in accordance with Code Section
53-12-52, first page.........I............
$ 4.50
GEORGIA LAWS 1986 SESSION
1007
Each page, after the first......................... 2.00
(2) Recording cancellations of deeds,
mortgages, and writs of fieri facias,
each...........:................................. 2.50
(3) Recording maps or plats........................... 5.00
The fee charged for recording maps and
plats shall include the fee required
by Code Section 47-14-51.
(4) Filing and indexing financing state-
ments, or any amendment thereto,
and for stamping a copy furnished by
the secured party to show the date
and place of filing for an original or
a continuation statement, as pro-
vided in Code Section 11-9-403,
first page................................ 5.00
Each page, after the first..................... 1.00
No fee shall be charged for filing a ter-
mination of a financing statement,
as provided in Code Section 11-9-404,
when the original financing state-
ment was filed subsequent to July
1, 1981. No fee shall be charged for
filing an assignment that is indicated
on the original financing statement,
as provided in Code Section 11-9-405.
(5) Filing and indexing release of collat-
eral, as provided in Code Section 11-
9-406, filing and indexing an assign-
ment of security interest, as provided
in Code Section 11-9-405(2), and filing
of succeeding continuation state-
ment, as provided in Code Section 11-
9-403(3), first page........................... 5.00
Each page, after the first...................... 1.00
1008
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Providing copy of any document filed
under Article 9 of Title 11, per page ... 1.00
(7) Entering cross-reference in real
property index, per entry............ 1.00
(8) Filing affidavit to extend lien as
required in Code Section 44-14-142,
relating to the extension of a lien
on personal property liens............ 2.00
(d) Miscellaneous fees:
(1) Recording any instrument or writing,
fee not otherwise specified, first
page..................................$ 4.50
Each page, after the first.............. 2.00
(2) Certification or exemplification of
record, per page..........................50
(3) Clerks certificate..................... 1.00
(4) Courts seal............v.,............. 1.00
(5) Issuing certificates of appointment
and reappointment to notaries public,
as provided by Code Section 45-17-4... 8.00
(6) Registering and filing trade names
pursuant to Code Section 10-1-490..... 5.00
(7) The clerk shall not charge a fee for
recording discharge certificates of
veterans, as provided in Code
Section 15-6-78.
(8) Filing and indexing each notice of lien
or certificate or notice affecting the
tax lien, in accordance with Code
Section 44-14-574:
(A) Tax lien on real or personal
property.......................... 2.00
GEORGIA LAWS 1986 SESSION
1009
(B) Certificate of discharge or sub-
ordination........................ 2.00
(C) All other notices, including a cer-
tificate of release or non-
attachment........................ 2.00
(9) Filing written information of gas
companies in accordance with Code
Section 25-9-4, a fee per page of.... 1.00
(10) Issuing certificate of pending
or unsatisfied judgment, as provided
in Code Section 40-9-40.............. 1.00
(11) No fee shall be charged for the
issuance of license to practice law.
(12) Filing incorporation proceedings:
(A) Articles of incorporation......... 20.00
(B) Articles of amendment............. 20.00
(C) Restated articles................. 20.00
(D) Merger......,................... 20.00
(E) Dissolution....................... 20.00
(F) Involuntary dissolution......... no fee
(G) Consolidation and merger.......... 20.00
(H) Certificate of election to dissolve 20.00
(I) Order approving change of
principal office............... no fee
(J) Articles of incorporation as
required by Chapter 2 of Title
14, the 'Georgia Business
1010
GENERAL ACTS AND RESOLUTIONS, VOL. I
Corporation Code, and by
Code Section 46-5-100...........
(13) Filing lien on offspring of livestock
in accordance with Code Section
44-14-511............................
(14) Filing hospital lien, each page........
(15) Filing lis pendens, each page..........
(e) Fees in quasi-civil and criminal cases:
(1) Issuing writ of fieri facias...........
(2) Entering writ of fieri facias or other
execution on general execution
docket................................
This fee shall be charged for each such
entry on the general execution docket.
Without limiting the generality of the
foregoing, it is specifically provided
that this fee shall be charged for entry
on the general execution docket of exe-
cutions issued by magistrate courts;
and this paragraph shall control over
any other provision of law, including
without limitation any other provision
of law enacted at the 1986 session of
the General Assembly.
(3) Issuing subpoena or summons to witness.
(4) Furnishing and certifying any process,
order, etc., for publication..........
(5) Providing uncertified photocopies of
documents in clerks office, per page.
(6) Preparation of record and transcript to
the Supreme Court and Court of
Appeals, per page...........li........
Where a transcript of the evidence and
proceedings is filed with the clerk and
does not require recopying, the clerk
20.00
.25
2.00
2.00
3.00
2.00
1.00
2.00
.25
1.50
GEORGIA LAWS 1986 SESSION
1011
shall not receive the fee herein pre-
scribed with respect to such transcript,
but shall receive, for filing and trans-
mission of such transcript, a fee of.. 5.00
(7) Entering remittitur from Supreme
Court or Court of Appeals............. 1.00
(8) Issuing jury script or check, each.........30
(9) For each day of service in attendance
upon the courts....................... 50.00
The per diem attendance upon the
courts shall be paid from the treasury
of the respective counties of this state
only to clerks who are on a fee system
of compensation.
(10) For performing the duties required of
them by Article 2 of Chapter 2 of Ti-
tle 44, the clerks shall receive the
same fees as in other civil cases.
(11) For performing the duties required of
them by Article 1 of Chapter 9 of Ti-
tle 14, the 'Uniform Limited Partner-
ship Act, the clerks shall receive the
same fees as in other civil cases.
(f) Fees in criminal cases:
(1) Entering and docketing bills of indict-
ment, presentments, no-bills,
accusations, indictments, and
accusation record.................. $ 3.00
(2) Service in cases where the defendant
is tried, pleads guilty, or there is a
settlement......................... 10.00
(3) Service in entering and docketing bills
of indictment or presentments on
minutes in cases of nolle prosequi. 5.00
1012
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Issuing and mailing first notice of
arraignment pursuant to Code Section
17-7-91................................ 1.00
(5) Affidavit of custodian, filing, and
transmittal pursuant to Code Section
17-10-12............................. 1.00
(6) Preparation and transmission of
defendants personal history and
related documents, as provided in
Code Section 42-5-50.................. 5.00
(7) Preparation and transmission of
documents to superior court sentence
review panel in accordance with
Code Section 17-10-6, first copy, per
page.............................. 1.50
Subsequent copies, per page.............50
(8) Preparation and furnishing copy of
the record of appeal in criminal
cases where accused was convicted
of capital felony, in accordance
with Code Section 5-6-43,
per page................................. 1.50
Clerks certificate....................... 1.00
The clerk shall not receive compensation
for the transcript of evidence and pro-
ceedings.
Section 3. Said chapter is further amended by adding at
the end thereof a new Code Section 15-6-93 to read as follows:
"15-6-93. (a) Except as provided in this Code section,
the office of each clerk of the superior court shall be open
to conduct business Monday through Friday from at least
9:00 A.M. until 5:00 P.M. and shall not close for any period
of time during such hours.
(b) Any office of a clerk of a superior court which is
open for operation on Saturday may close on one day Monday
GEORGIA LAWS 1986 SESSION
1013
through Friday for a period of time equal to that period of
time during which the office is open on Saturday. Nothing
in this Code section shall be construed as requiring any office
of a clerk of a superior court to be open on any public and
legal holiday or day of rest which is recognized and desig-
nated as such by Georgia law or by the governing authority
of the county.
(c) This Code section shall only apply to the office of a
clerk of a superior court if there is employed in that office
at least one employee other than the clerk.
Section 4. Code Section 9-15-4 of the Official Code of Geor-
gia Annotated, relating to deposits prior to filing, is amended
by striking subsection (a) in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
"(a) A clerk of the superior court shall not be required
to file any civil case or proceeding until the fee required
by Code Section 15-6-77 and Code Section 15-6-77.2, relating
to fees of clerks of the superior courts, has been paid to
the clerk. The fee shall not be required if the party desiring
to file the case or proceeding is unable because of his indi-
gence to pay the fee and the party files with the clerk an
affidavit to such effect.
Section 5. Chapter 9 of Title 11 of the Official Code of
Georgia Annotated, relating to secured transactions, is amended
by striking paragraph (5) of Code Section 11-9-403, relating to
filing, in its entirety and inserting in lieu thereof a new para-
graph (5) to read as follows:
"(5) The uniform fee for filing and indexing and for
stamping a copy furnished by the secured party to show
the date and place of filing for an original or a continuation
statement shall be as required by Article 2 of Chapter 6 of
Title 15.
Section 6. Said chapter is further amended by striking
Code Section 11-9-405, relating to assignments, and inserting
in lieu thereof a new Code Section 11-9-405 to read as follows:
'T1-9-405. (1) A financing statement may disclose an
assignment of a security interest in the collateral described
in the financing statement by indication in the financing
statement of the name and address of the assignee or by
1014 GENERAL ACTS AND RESOLUTIONS, VOL. I
an assignment itself or a copy thereof on the face or back
of the statement. On presentation to the filing officer of such
a financing statement the filing officer shall mark the same
as provided in Code Section 11-9-403(4). The uniform fee for
filing, indexing, and stamping a copy of a financing statement
so indicating an assignment shall be as required by Article
2 of Chapter 6 of Title 15.
(2) A secured party may assign of record all or part
of his rights under a financing statement by the filing in
the place where the original financing statement was filed
of a separate written statement of assignment signed by
the secured party of record and setting forth the name of
the secured party of record and the debtor, the file number
and the date of filing of the financing statement, and the
name and address of the assignee and containing a descrip-
tion of the collateral assigned. A copy of the assignment is
sufficient as a separate statement if it complies with the
preceding sentence. On presentation to the filing officer of
such a separate statement, the filing officer shall mark such
separate statement with the date and hour of the filing.
He shall note the assignment on the index of the financing
statement, and in the case of a fixture filing, or a filing cover-
ing crops growing or to be grown, or covering minerals, or
the like (including oil and gas or accounts subject to subsec-
tion (5) of Code Section 11-9-103), he shall index the assign-
ment under the name of the assignor as grantor in the real
estate records. The uniform fee for filing, indexing, and
stamping a copy of such a separate statement of assign-
ment shall be as required by Article 2 of Chapter 6 of Ti-
tle 15.
(3) After the disclosure or filing of an assignment under
this Code section, the assignee is the secured party of record.
Section 7. Said chapter is further amended by striking
Code Section 11-9-406, relating to release of collateral, and in-
serting in lieu thereof a new Code Section 11-9-406 to read as
follows:
"11-9-406. A secured party of record may by his signed
statement release all or a part of any collateral described
in a filed financing statement. The statement of release is
GEORGIA LAWS 1986 SESSION
1015
sufficient if it contains a description of the collateral being
released, the name and address of the debtor, the name and
address of the secured party, and the file number of the
financing statement. A statement of release signed by a per-
son other than the secured party of record must be accompa-
nied 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 re-
quired fee. Upon presentation of such a statement of release
to the filing officer he shall mark the statement with the
hour and date of filing and shall note the same upon the
margin of the index of the filing of the financing statement.
The uniform fee for filing and noting such a statement of
release shall be as required by Article 2 of Chapter 6 of
Title 15.
Section 8. Said chapter is further amended by striking
paragraph (1) of Code Section 11-9-407, relating to information
for filing, and inserting in lieu thereof a new paragraph (1) to
read as follows:
"(1) Upon request the filing officer shall furnish a copy
of any filed financing statement or statement of assignment
for a uniform fee as required by Article 2 of Chapter 6 of
Title 15, provided that the person requesting such copy shall
furnish to the filing officer the file number of the statement
requested.
Section 9. Code Section 40-5-53 of the Official Code of Geor-
gia Annotated, relating to the courts responsibility for forward-
ing traffic convictions, is amended by striking subsection (b)
thereof and inserting in lieu thereof a new subsection (b) to
read as follows:
"Ob) Every court having jurisdiction over offenses com-
mitted under this chapter or any other law of this state or
ordinance adopted by a local authority regulating the opera-
tion of motor vehicles on highways shall forward to the de-
partment, within ten days after the conviction of any person
in such court for a violation of any such law other than
regulations governing standing or parking, a uniform cita-
tion form authorized by Article 1 of Chapter 13 of this title.
The department shall pay to the clerk of the court forward-
1016 GENERAL ACTS AND RESOLUTIONS, VOL. I
ing the report 25^ for each report forwarded; and notwith-
standing any general or local law to the contrary, the clerk
shall retain such 25^ fee as additional compensation.
Section 10. Code Section 44-14-142 of the Official Code of
Georgia Annotated, relating to recording affidavits, is amended
by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 44-14-142 to read as follows:
44-14-142. The clerk of the superior court shall file
the affidavit required by Code Section 44-14-141, reindex the
instrument mentioned in the affidavit, and enter on the mar-
gin of the record of the instrument a reference to the filing
of the affidavit, which shall state the date of the filing of
the affidavit and the amount unpaid on the obligation se-
cured by the instrument, for which services the clerks shall
be entitled to a fee as required by Article 2 of Chapter 6
of Title 15.
Section 11. This Act shall become effective upon its ap-
proval 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 April 3, 1986.
GEORGIA LAWS 1986 SESSION
1017
JUVENILE COURTS TERMINATION OF PARENTAL
RIGHTS.
Code Title 15, Chapter 11 Amended.
No. 1535 (House Bill No. 175).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Geor-
gia Annotated, relating to juvenile proceedings, so as to provide
for a new Article 2, relating to termination of parental rights,
and to make certain editorial changes connected therewith; to
provide for court orders and the effects thereof; to provide condi-
tions and procedures under which parental rights may be termi-
nated; to provide for petitions and summons regarding termina-
tion of parental rights and the procedures connected therewith;
to provide for rights of fathers of children born out of wedlock;
to provide for sanctions for failure to be served or failure to
obey summons; to provide for appointment of counsel and guard-
ians ad litem and the expenses thereof; to provide for a standard
of proof; to provide for physical or mental evaluations; to provide
for confidentiality; to provide for hearings; to provide for custody
of certain children following termination proceedings; to provide
for certain conflicts; 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 designating that part of the existing Chapter 11, beginning
with Code Section 15-11-1, as Article 1, and by striking "chap-
ter, wherever it appears in that newly designated article, ex-
cept where it appears in Code Section 15-11-1 and in the intro-
ductory phrase to Code Section 15-11-2, and inserting in its place
"article.
Section 2. Said cnapter is further amended by striking
from the newly designated Article 1 thereof subsection (a) of
Code Section 15-11-41, relating to duration of orders of the juve-
nile court, which reads as follows:
1018 GENERAL ACTS AND RESOLUTIONS, VOL. I
"(a) An order terminating parental rights is without
limit as to duration.,
and inserting in its place a new subsection (a) to read as follows:
"(a) Reserved.
Section 3. Said chapter is further amended by striking
from newly designated Article 1 thereof Code Sections 15-11-
51 through 15-11-54, which read as follows:
"15-11-51. (a) The court by order may terminate the
parental rights of a parent with respect to his child if:
(1) The parent has abandoned the child;
(2) The child is a deprived child and the court finds
that the conditions and causes of the deprivation are
likely to continue or will not be remedied and that by
reason thereof the child is suffering or will probably suf-
fer serious physical, mental, moral, or emotional harm;
(3) The written consent of the parent acknowledged
before the court has been given; provided, however, that
acknowledgment before the court is not necessary where
the parent or parents voluntarily surrender the child
for adoption as provided by Code Sections 19-8-3, 19-8-
4, 19-8-6, and 19-8-7; or
(4) A decree has been entered by a court of compe-
tent jurisdiction of this or any other state ordering the
parent, guardian, or other custodian to support the child
and the parent, guardian, or other custodian has wan-
tonly and willfully failed to comply with the order for
a period of 12 months or longer.
(b) If the court does not make an order of termination
of parental rights it may grant an order under Code Section
15-11-34 if the court finds from clear and convincing evidence
that the child is a deprived child.
15-11-52. (a) The petition shall comply with Code Sec-
tion 15-11-25 and shall state clearly that an order for termi-
GEORGIA LAWS 1986 SESSION
1019
nation of parental rights is requested and that the effect
thereof will be as stated in the first sentence of Code Section
15-11-53.
(b) If the paternity of a child born out of wedlock has
been established in a judicial proceeding to which the father
was a party prior to the filing of the petition, the father
shall be served with summons as provided by this chapter.
Such father has the right to be heard unless he has relin-
quished all paternal rights with reference to the child. The
putative father of the child whose paternity has not been
so established, upon proof of his paternity of the child, may
appear in the proceedings and be heard. In either event
nothing in this Code section shall be construed to preclude
the fathers petitioning for custody of the child. At the time
of the hearing, upon proof of paternity being shown to the
court, the father shall be allowed to petition for custody of
the child and the court shall grant same, if such is in the
best interest of the child. If the identity and location of a
putative father are known or can be ascertained by reasona-
ble efforts, he shall be notified of the proceeding to terminate
parental rights by registered or certified mail, return receipt
requested, at his last known address.
15-11-53. An order terminating the parental rights of
a parent terminates all his rights and obligations with re-
spect to the child and all rights and obligations of the child
to the parent arising from the parental relationship, includ-
ing rights of inheritance. The parent is not thereafter enti-
tled to notice of proceedings for the adoption of the child
by another nor has he any right to object to the adoption
or otherwise to participate in the proceedings.
15-11-54. (a) If, upon the entering of an order termi-
nating the parental rights of a parent, there is no parent
having parental rights, the court shall commit the child to
the custody of the Department of Human Resources or a
licensed child-placing agency willing to accept custody for
the purpose of placing the child for adoption or, in the ab-
sence of an adoption, in a foster home, or to take other suit-
able measures for the care and welfare of the child.
(b) The custodian has authority to consent to the adop-
tion of the child, his marriage, his enlistment in the armed
1020
GENERAL ACTS AND RESOLUTIONS, VOL. I
forces of the United States, and surgical and other medical
treatment for the child.
(c) If the child is not adopted and a general guardian
of the child has not been appointed, the child shall be re-
turned to the court at least every two years after the date
of the order during the continuation of foster care for entry
of further orders for his care, custody, and control. This sub-
section applies to all children who, on or after July 1, 1984,
are in the permanent custody of the Department of Human
Resources.,
and inserting in their place new Code Sections 15-11-51 through
15-11-54 to read as follows:
15-11-51. Reserved.
15-11-52. Reserved.
15-11-53. Reserved.
15-11-54. Reserved.
Section 4. Said chapter is further amended by adding at
the end thereof a new Article 2 to read as follows:
"ARTICLE 2
15-11-80. An order terminating the parental rights of
a parent under this article is without limit as to duration
and terminates all the parents rights and obligations with
respect to the child and all rights and obligations of the
child to the parent arising from the parental relationship,
including rights of inheritance. The parent is not thereafter
entitled to notice of proceedings for the adoption of the child
by another, nor has the parent any right to object to the
adoption or otherwise to participate in the proceedings.
15-11-81. (a) In considering the termination of paren-
tal rights, the court shall first determine whether there is
present clear and convincing evidence of parental miscon-
duct or inability as provided in subsection (b) of this Code
section. If there is clear and convincing evidence of such
GEORGIA LAWS 1986 SESSION
1021
parental misconduct or inability, the court shall then con-
sider whether termination of parental rights is in the best
interest of the child, after considering the physical, mental,
emotional, and moral condition and needs of the child who
is the subject of the proceeding, including the need for a
secure and stable home.
(b) Except as provided in paragraphs (4) and (5) of sub-
section (d) of Code Section 15-11-83, the court by order may
terminate the parental rights of a parent with respect to
the parents child if:
(1) The written consent of the parent, acknowledged
before the court, has been given; provided, however, that
acknowledgment before the court is not necessary where
the parent or parents voluntarily surrender the child
for adoption as provided by Code Sections 19-8-3, 19-8-
4, and 19-8-7;
(2) A decree has been entered by a court of compe-
tent jurisdiction of this or any other state ordering the
parent, guardian, or other custodian to support the child,
and the parent, guardian, or other custodian has wan-
tonly and willfully failed to comply with the order for
a period of 12 months or longer;
(3) The parent has abandoned the child or the child
was left under circumstances that the identity of the
parent is unknown and cannot be ascertained despite
diligent searching, and the parent has not come forward
to claim the child within three months following the find-
ing of the child; or
(4) (A) The court determines parental misconduct
or inability by finding that:
(i) The child is a deprived child, as such term
is defined in Code Section 15-11-2;
(ii) The lack of proper parental care or con-
trol by the parent in question is the cause of the
childs status as deprived;
(iii) Such cause of deprivation is likely to con-
tinue or will not likely be remedied; and
1022
GENERAL ACTS AND RESOLUTIONS, VOL. I
(iv) The continued deprivation will cause or
is likely to cause serious physical, mental, emo-
tional, or moral harm to the child.
(B) In determining whether the child is without
proper parental care and control, the court shall con-
sider, without being limited to, the following:
(i) A medically verifiable deficiency of the
parents physical, mental, or emotional health of
such duration or nature as to render the parent
unable to provide adequately for the physical,
mental, emotional, or moral condition and needs
of the child;
(ii) Excessive use of or history of chronic un-
rehabilitated abuse of intoxicating liquors or nar-
cotic or dangerous drugs or controlled substances
with the effect of rendering the parent incapable
of providing adequately for the physical, mental,
emotional, or moral condition and needs of the
child;
(iii) Conviction of the parent of a felony and
imprisonment therefor which has a demonstrable
negative effect on the quality of the parent-child
relationship;
(iv) Egregious conduct toward the child of a
physically, emotionally, or sexually cruel or abu-
sive nature;
(v) Physical, mental, or emotional neglect of
the child; and
(vi) Injury or death of a sibling under circum-
stances which constitute substantial evidence
that such injury or death resulted from parental
neglect or abuse.
(C) In addition to the considerations in subpara-
graph (B) of this paragraph, where the child is not
in the custody of the parent who is the subject of
GEORGIA LAWS 1986 SESSION
1023
the proceedings, in determining whether the child
is without proper parental care and control, the court
shall consider, without being limited to, whether the
parent without justifiable cause has failed signifi-
cantly for a period of one year or longer prior to the
filing of the petition for termination of parental
rights:
(i) To communicate or to make a bona fide
attempt to communicate with the child;
(ii) To provide for the care and support of
the child as required by law or judicial decree;
and
(iii) To comply with a court ordered plan de-
signed to reunite the child with the parent or par-
ents.
(c) If the court does not make an order of termination
of parental rights, it may grant an order under Code Section
15-11-34 if the court finds from clear and convincing evidence
that the child is a deprived child.
15-11-82. (a) The petition to terminate parental rights
and all subsequent court documents in the proceeding shall
be entitled 'In the matter of ________________________, a
child., except upon appeal, in which event the anonymity
of the child shall be preserved by appropriate use of initials.
The petition shall be in writing.
(b) The petition shall be made, verified, and endorsed
by the court as provided in Article 1 of this chapter for a
petition alleging deprivation.
(c) The petition shall state clearly that an order for
termination of parental rights is requested and that the ef-
fect thereof will be as stated in Code Section 15-11-80, and
shall set forth in ordinary and concise language the facts
required by Code Section 15-11-25.
15-11-83. (a) Upon filing of the petition, summons
shall be issued forthwith on the childs parents, guardian,
1024 GENERAL ACTS AND RESOLUTIONS, VOL. I
lawful custodian, and on the person presently having physi-
cal custody of the child.
(b) A copy of the petition shall be attached to the sum-
mons in all cases other than service by publication. When
served by publication, the notice shall indicate the general
nature of the allegations and where a copy of the petition
may be obtained by the childs parents, guardian, lawful
custodian, and the person presently having physical custody
of the child. Such copy shall be available from the court
during business hours. A free copy shall be available to the
parent or, upon request, shall be mailed to the parent. All
summons shall contain a statement to the effect that the
hearing is for the purpose of terminating parental rights.
(c) The summons shall require the person who has phys-
ical custody of the child to appear personally and to bring
the child before the court at the time and place stated in
the summons. Where, at the courts discretion, it is deemed
in the interest of the child that the child need not be brought
before the court, the court may so indicate. The summons
shall be served at least 30 days before the time set for the
hearing, and a copy of the petition shall be served together
with the summons and shall be made in the manner provided
in Code Section 9-11-4, relating to service in civil practice.
(d) (1) If the paternity of a child born out of wedlock
has been established in a judicial proceeding to which
the father was a party prior to the filing of the petition,
the father shall be served with summons as provided
by this article. Such father has the right to be heard
unless he has relinquished all paternal rights with refer-
ence to the child. The putative father of the child whose
paternity has not been so established, upon proof of his
paternity of the child, may appear in the proceedings
and be heard.
(2) If the identity and location of a putative father
are known or can be ascertained by reasonable efforts,
he shall be notified of the proceedings to terminate paren-
tal rights by registered or certified mail, return receipt
requested, at his last known address. If the court finds
from the evidence that reasonable effort has not been
GEORGIA LAWS 1986 SESSION
1025
made to identify and locate the putative father, it shall
direct the Department of Human Resources or a licensed
child-placing agency to expend such additional effort, as
the court shall specify, in the identification and location
of the putative father and to report the results of the
additional efforts to the court and shall continue the
hearing until the additional effort has been expended
and the results reported.
(3) If the identity of the putative father is unknown,
the court may require the mother to execute an affidavit
regarding the putative father as provided in Code Section
19-8-4 or show cause before the court if she refuses.
(4) The court shall enter an order terminating the
rights of the putative father if the court finds from the
evidence that reasonable effort has been made to identify
and locate him without success and if it finds that he
has not lived with the child, nor contributed to the childs
support, nor made any attempt to legitimate the child,
and that he did not provide support for the mother, in-
cluding medical care, either during her pregnancy or
during her hospitalization for the birth of the child.
(5) (A) If the court finds from the evidence that
the putative father either lived with the child, con-
tributed to the childs support, attempted to legiti-
mate the child, or provided support for the mother,
including medical care, during her pregnancy or dur-
ing her hospitalization for the birth of the child, then
the court shall determine from the evidence whether
such conduct by the putative father was sufficient
to establish a familial bond between the putative fa-
ther and the child.
(B) If the court finds that the conduct was suffi-
cient to establish a familial bond, then the court shall
enter an appropriate order designed to afford the pu-
tative father notice of the surrender, consent, or pro-
ceeding to terminate.
(C) If the court finds that such conduct was not
sufficient to establish a familial bond, then the court
1026 GENERAL ACTS AND RESOLUTIONS, VOL. I
shall enter an order terminating the rights of the
putative father.
(D) At the time of the hearing, upon proof of
paternity being shown to the court, the father shall
be allowed to petition for custody of the child and
the court shall grant same, if such is in the best inter-
est of the child.
(6) The court shall not include the name of the
mother in any public notice to the putative father if his
name is known to the court.
15-11-84. (a) If any person named in and properly
served with summons shall without reasonable cause fail
to appear or, when directed in the summons, to bring the
child before the court, then the court may issue a rule nisi
against such person, directing the person to appear before
the court to show cause why such person should not be held
in contempt of court.
(b) If the summons cannot be served or if the person
to whom the summons is directed fails to obey it, the court
may issue an order to take the child into protective custody.
15-11-85. (a) In any proceeding for terminating paren-
tal rights or any rehearing or appeal thereon, the court shall
appoint an attorney to represent the child as his counsel
and may appoint a separate guardian ad litem or a guardian
ad litem who may be the same person as his counsel.
(b) If the parent or parents of the child desire to be
represented by counsel but are indigent, the court shall ap-
point an attorney for such parent or parents, which shall
be a charge upon the funds of the county upon certification
thereof by the court in the same manner as authorized for
other expenses under Code Section 15-11-56.
15-11-86. In all proceedings under this article, the stan-
dard of proof to be adduced to terminate parental rights
shall be by clear and convincing evidence.
15-11-87. The court may require a physical or mental
evaluation of any parent, stepparent, guardian, or child in-
volved in a proceeding under this article.
GEORGIA LAWS 1986 SESSION
1027
15-11-88. The record of the testimony of the parties ad-
duced in any proceeding under this article shall not be admis-
sible in any civil, criminal, or any other cause or proceedings
in any court against a person named as respondent for any
purpose whatsoever, except in subsequent deprivation or ter-
mination proceedings involving the same child or depriva-
tion or termination proceedings involving the same respon-
dent under this article.
15-11-89. The court shall conduct hearings, where ap-
propriate, in accordance with Code Section 15-11-29.
15-11-90. (a) (1) If, upon the entering of an order ter-
minating the parental rights of a parent, there is no
parent having parental rights, the court shall first at-
tempt to place the child with the childs extended family
or with a person related to the child by blood or marriage.
An exhaustive and thorough search for a suitable family
member shall be made by the court and the Department
of Human Resources in attempting to effect this place-
ment. A placement effected under this paragraph shall
be conditioned upon the family member who is given
permanent custody or who is granted an adoption of the
child agreeing to abide by the terms and conditions of
the order of the court.
(2) If no placement of the child is effected under
paragraph (1) of this subsection, the court may make
any of the following dispositions: commit the child to
the custody of the Department of Human Resources or
to a licensed child-placing agency willing to accept cus-
tody for the purpose of placing the child for adoption
or, in the absence of an adoption, in a foster home, or
take other suitable measures for the care and welfare
of the child.
(b) The custodian has authority to consent to the adop-
tion of the child, his marriage, his enlistment in the armed
forces of the United States, and surgical and other medical
treatment for the child.
(c) If a petition seeking the adoption of the child is not
filed within one year after the date of the disposition order,
1028
GENERAL ACTS AND RESOLUTIONS, VOL. I
the court shall then, and at least yearly thereafter as long
as the child remains unadopted, review the circumstances
of the child to determine what efforts have been made to
assure that the child will be adopted. The court may then
enter such orders as it deems necessary to further the adop-
tion, including but not limited to another placement.
15-11-91. In a proceeding under this article, the provi-
sions of Article 1 of this chapter shall apply unless in conflict
with this article.
15-11-92. Nothing in this article shall be construed as
affecting the rights of a parent other than the parent who
is the subject of the proceedings.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
ELECTIONS VOTER REGISTRATION; RESIDENCE OF
VOTERS; COLLEGE STUDENTS; FACTORS TO BE
CONSIDERED BY REGISTRARS.
Code Section 21-2-241 Amended.
No. 1536 (House Bill No. 1074).
AN ACT
To amend Article 6 of Chapter 2 of Title 21 of the Official
Code of Georgia Annotated, relating to the registration of voters,
so as to provide certain conditions under which no person shall
be deemed to have gained or lost a residence by reason of such
persons presence or absence; to provide for consideration by
the registrars of an applicants expressed intent and any rele-
vant circumstances determining the applicants residence; to
GEORGIA LAWS 1986 SESSION
1029
provide for certain factors which the registrars may consider;
to provide that the decision of the registrars shall be presump-
tive evidence of a persons residence for voting purposes; to re-
peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 21 of the Official
Code of Georgia Annotated, relating to the registration of voters,
is amended by striking Code Section 21-2-241, relating to rules
for determining residence, and inserting in lieu thereof a new
Code Section 21-2-241 to read as follows:
"21-2-241. (a) In determining the residence of a person
desiring to register to vote, the following rules shall be fol-
lowed so far as they are applicable:
(1) The residence of any person shall be held to be
in that place in which his habitation is fixed, without
any present intention of removing therefrom, and to
which, whenever he is absent, he intends to return;
(2) A person shall not be considered to have lost
his residence who leaves his home and goes into another
state, or county in this state, for temporary purposes
only, with the intention of returning, unless said person
shall register to vote or perform other acts indicating
a desire to change his citizenship and residence;
(3) A person shall not be considered to have gained
a residence in any county of this state into which he
has come for temporary purposes only without the inten-
tion of making such county his permanent place of abode;
(4) If a person removes to another state with the
intention of making it his residence, he shall be consid-
ered to have lost his residence in this state;
(5) If a person removes to another state with the
intention of remaining there an indefinite time and mak-
ing such state his place of residence, he shall be consid-
ered to have lost his residence in this state, notwithstand-
1030 GENERAL ACTS AND RESOLUTIONS, VOL. I
ing that he may intend to return at some indefinite future
period;
(6) The residence for voting purposes of a person
shall not be required to be the same as the residence
for voting purposes of his or her spouse;
(7) No person shall be deemed to have gained or
lost a residence by reason of such persons presence or
absence while enrolled as a student at any college, uni-
versity, or other institution of learning in this state;
(8) The mere intention to acquire a new residence,
without the fact of removal, shall avail nothing; neither
shall the fact of removal without the intention;
(9) No member of the armed forces of the United
States shall be deemed to have acquired a residence in
this state by reason of being stationed on duty in this
state;
(10) If a person removes to the District of Columbia
or other federal territory, another state, or foreign coun-
try to engage in government service, he shall not be con-
sidered to have lost his residence in this state during
the period of such service; and the place where the person
resided at the time of his removal shall be considered
and held to be his place of residence;
(11) If a person is adjudged mentally ill and is com-
mitted to an institution for the mentally ill, he shall
not be considered to have gained a residence for voting
purposes in the county in which the institution to which
he is committed is located; and
(12) If a person goes into another state and while
there exercises the right of a citizen by voting, he shall
be considered to have lost his residence in this state.
(b) In determining a voters qualification to register and
vote, the registrars to whom such application is made shall
consider, in addition to the applicants expressed intent, any
relevant circumstances determining the applicants resi-
GEORGIA LAWS 1986 SESSION
1031
dence. The registrars taking such registration may consider
the applicants financial independence, business pursuits,
employment, income sources, residence for income tax pur-
poses, age, marital status, residence of parents, spouse and
children, if any, leaseholds, sites of personal and real prop-
erty owned by the applicant, motor vehicle and other per-
sonal property registration, and other such factors that the
registrars may reasonably deem necessary to determine the
qualification of an applicant to vote in a primary or election.
The decision of the registrars to whom such application is
made shall be presumptive evidence of a persons residence
for voting purposes.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
DRUGS CONDITIONS FOR PRESCRIBING,
COMPOUNDING, OR DISPENSING DANGEROUS DRUGS
AND CONTROLLED SUBSTANCES.
Code Sections 16-13-41, 26-4-4, 26-4-85, and 26-4-116 Amended.
No. 1537 (House Bill No. 1159).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Geor-
gia Annotated, relating to controlled substances, so as to provide
for conditions for the dispensing of such substances; to amend
Chapter 4 of Title 26 of the Official Code of Georgia Annotated,
relating to pharmacists and pharmacies, so as to provide the
conditions under which certain practitioners of the healing arts
may prescribe, compound, or dispense dangerous drugs and con-
trolled substances and provide for rules and regulations relating
thereto; to provide conditions under which certain assistants
1032
GENERAL ACTS AND RESOLUTIONS, VOL. I
may perform certain typing and measuring functions; to change
certain terms; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of
Georgia Annotated, relating to controlled substances, is
amended by striking subsection (g) of Code Section 16-13-41,
relating to prescriptions, and inserting in its place a new subsec-
tion to read as follows:
"(g) No person shall fill or dispense a prescription for
a controlled substance except a person who is licensed by
this state as a pharmacist or a pharmacy intern acting under
the immediate and direct personal supervision of a licensed
pharmacist in a pharmacy licensed by the State Board of
Pharmacy, provided that this subsection shall not prohibit
a registered physician, dentist, veterinarian, or podiatrist
authorized by this state to dispense controlled substances
as provided in this article if such registered person complies
with all record-keeping, labeling, packaging, and storage re-
quirements regarding such controlled substances and im-
posed upon pharmacists and pharmacies in this chapter and
in Chapter 4 of Title 26 and complies with the requirements
of Code Section 26-4-4.
Section 2. Chapter 4 of Title 26 of the Official Code of
Georgia Annotated, relating to pharmacists and pharmacies,
is amended by striking Code Section 26-4-4 in its entirety and
inserting in lieu thereof a new Code Section 26-4-4 to read as
follows:
"26-4-4. (a) For purposes of this Code section, the term:
(1) 'Drugs mean drugs as defined in this chapter
and controlled substances as defined in Article 2 of Chap-
ter 13 of Title 16.
(2) 'Practitioner or 'practitioner of the healing arts
means, notwithstanding paragraph (19) of Code Section
26-4-2, a person licensed as a dentist, physician, podia-
GEORGIA LAWS 1986 SESSION
1033
trist, or veterinarian under Chapter 11, 34, 35, or 50,
respectively, of Title 43.
(b) Parts 2, 3, 4, and 6 of Article 2 of this chapter
and Article 3 of Chapter 13 of Title 16 shall not apply to
practitioners of the healing arts prescribing or compounding
their own prescriptions and dispensing drugs except as pro-
vided in this Code section. Nor shall such provisions prohibit
the administration of drugs by a practitioner of the healing
arts or any person under the supervision of such practitioner
or by the direction of such practitioner except as provided
in this Code section.
(c) All practitioners who dispense drugs shall comply
with all record-keeping, labeling, packaging, and storage re-
quirements imposed upon pharmacists and pharmacies with
regard to such drugs pursuant to this chapter and Chapter
13 of Title 16.
(d) All practitioners who dispense drugs shall make all
records required to be kept under subsection (c) of this Code
section available for inspection by the Georgia Board of Phar-
macy.
(e) Any practitioner who desires to dispense drugs shall
notify, at the time of the renewal of that practitioners li-
cense to practice, that practitioners respective examining
board of that practitioners intention to dispense drugs. That
examining board shall notify the Board of Pharmacy regard-
ing each practitioner concerning whom that board has re-
ceived a notification of intention to dispense drugs. The ex-
amining boards notification shall include the following
information:
(1) The name and address of the practitioner;
(2) The state professional license number of the
practitioner;
(3) The practitioners Drug Enforcement Adminis-
tration license number; and
(4) The name and address of the office or facility
from which such drugs shall be dispensed and the address
1034
GENERAL ACTS AND RESOLUTIONS, VOL. I
where all records pertaining to such drugs shall be main-
tained.
(f) The Board of Pharmacy shall have the authority
to promulgate rules and regulations governing the dispens-
ing of drugs pursuant to this Code section.
(g) This Code section shall not apply to practitioners
who provide to their patients at no cost manufacturers sam-
ples of drugs.
Section 3. Said chapter is further amended by striking
Code Section 26-4-85, relating to prohibited acts, in its entirety
and inserting its place a new Code section to read as follows:
"26-4-85. (a) For purposes of this Code section, the
term 'practitioner or 'practitioner of the healing arts
means, notwithstanding paragraph (19) of Code Section 26-
4-2, any person licensed as a dentist, physician, podiatrist,
or veterinarian under Chapter 11, 34, 35, or 50, respectively,
of Title 43. No person shall engage in the dispensing of any
medicines, drugs, or poisons unless he is a pharmacist li-
censed in accordance with this part or a pharmacy intern
dispensing such items in accordance with this chapter.
(b) No person shall engage in the vending at retail of
any medicines, drugs, or poisons unless the same shall be
dispensed by a pharmacist licensed in accordance with this
part or a pharmacy intern dispensing such items in accor-
dance with this chapter.
(c) This Code section shall not apply to practitioners
of the healing arts prescribing or compounding their own
prescriptions and dispensing drugs or medicines except as
provided in Code Section 26-4-4.
(d) Nothing in this Code section or Code Section 26-4-
105, Code Section 26-4-118, or Code Section 26-4-119 shall
prohibit any person from assisting any duly licensed pharma-
cist or practitioner in the measuring of quantities of medica-
tion and the typing of labels therefor, but excluding the
dispensing, compounding, or mixing of drugs, provided that
such duly licensed pharmacist or practitioner shall be physi-
GEORGIA LAWS 1986 SESSION
1035
cally present in the prescription room and actually observing
the actions of such person in doing such measuring and typ-
ing, and provided, further, that no prescription shall be given
to the person requesting the same unless the contents and
the label thereof shall have been verified by a licensed phar-
macist or practitioner. No pharmacist or practitioner shall
be assisted by more than one such person at any one time.
Section 4. Said chapter is further amended by striking
subsection (b) of Code Section 26-4-116, relating to retail vending
of medicine, drugs, or poisons, in its entirety and inserting in
lieu thereof a new subsection (b) to read as follows:
"(b) This Code section shall not apply to any person
licensed as a dentist, physician, podiatrist, or veterinarian
under Chapter 11, 34, 35, or 50, respectively, of Title 43
prescribing or compounding their own prescriptions and dis-
pensing drugs or medicines except as provided for in Code
Section 26-4-4.
Section 5. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
1036
GENERAL ACTS AND RESOLUTIONS, VOL. I
CHILD CUSTODY NOTIFICATION OF THE COURT OF
CHANGES IN THE RESIDENCE OF THE CHILD.
Code Section 19-9-1 Amended.
No. 1538 (House Bill No. 1200).
AN ACT
To amend Code Section 19-9-1 of the Official Code of Georgia
Annotated, relating to custody of children, so as to provide that
a court shall retain jurisdiction in all custody cases for the pur-
pose of ordering the custodial parent to notify the court of any
changes in the residence of the child; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 19-9-1 of the Official Code of Geor-
gia Annotated, relating to custody of children, is amended by
striking said Code section in its entirety and inserting in lieu
thereof a new Code Section 19-9-1 to read as follows:
"19-9-1. (a) In all cases in which a divorce is granted,
the party not in default shall be entitled to the custody of
the minor children of the marriage. However, in all cases
in which a divorce is granted, an application for divorce is
pending, or a change in custody of a minor child is sought,
the court, in the exercise of a sound discretion, may look
into all the circumstances of the parties, including improve-
ment of the health of a party seeking a change in custody
provisions, and, after hearing both parties, may make a dif-
ferent disposition of the children, placing them, if necessary,
in possession of guardians appointed by the judge of the
probate court. In all such cases in which the child has
reached the age of 14 years, the child shall have the right
to select the parent with whom he desires to live. The childs
selection shall be controlling, unless the parent so selected
is determined not to be a fit and proper person to have the
custody of the child. The court may issue an order granting
temporary custody to the selected parent for a trial period
GEORGIA LAWS 1986 SESSION
1037
not to exceed six months regarding the custody of a child
who has reached the age of 14 years where the judge hearing
the case determines such a temporary order is appropriate.
(b) In any case in which a judgment awarding the cus-
tody of a minor has been entered, on the motion of any
party or on the motion of the court, that portion of the judg-
ment effecting visitation rights between the parties and their
minor children may be subject to review and modification
or alteration without the necessity of any showing of a
change in any material conditions and circumstances of ei-
ther party or the minor, provided that the review and modifi-
cation or alteration shall not be had more often than once
in each two-year period following the date of entry of the
judgment. However, this subsection shall not limit or restrict
the power of the court to enter a judgment relating to the
custody of a minor in any new proceeding based upon a
showing of a change in any material conditions or circum-
stances of a party or the minor.
(c) In any case in which a judgment awarding the cus-
tody of a minor has been entered, the court entering such
judgment shall retain jurisdiction of the case for the purpose
of ordering the custodial parent to notify the court of any
changes in the residence of the child.
(d) In the event of any conflict between this Code section
and Article 3 of this chapter, Article 3 shall apply.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
1038
GENERAL ACTS AND RESOLUTIONS, VOL. I
CHILD WELFARE AGENCIES LICENSES; RESTRICTIONS;
REPORTS; REVOCATION OF LICENSES; PROHIBITED
CONDUCT; PENALTIES.
Code Section 49-5-12 Amended.
Code Section 49-5-12.1 Enacted.
No. 1539 (House Bill No. 1225).
AN ACT
To amend Chapter 5 of Title 49 of the Official Code of Georgia
Annotated, relating to programs for children and youth, so as
to provide for restriction of child-care licenses under certain
conditions; to provide for refusals to issue licenses under certain
conditions; to provide for the applicability of the "Georgia Ad-
ministrative Procedure Act to certain actions of the depart-
ment and provide for certain exceptions; to change who may
make certain reports; to change the grounds for revoking certain
licenses; to provide that certain conduct shall be unlawful and
provide penalties therefor; to provide for the imposition, collec-
tion, and payment of civil penalties and the conditions and proce-
dures relating thereto; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of
Georgia Annotated, relating to programs for children and youth,
is amended by striking Code Section 49-5-12, relating to licensing
and inspection of private and public child welfare agencies and
facilities, in its entirety and inserting in its place new Code
Sections 49-5-12 and 49-5-12.1 to read as follows:
"49-5-12. (a) 'Child welfare agency means any child-
caring institution, child-placing agency, maternity home,
family boarding home, family day-care home, group day-care
home, and day-care center.
(b) (1) All child welfare agencies, as defined in subsec-
tion (a) of this Code section, shall be licensed annually
GEORGIA LAWS 1986 SESSION
1039
by the department in accordance with procedures, stan-
dards, rules, and regulations to be established by the
board; provided, however, that the department may re-
quire persons who operate family day-care homes to reg-
ister with the department. The board shall develop and
publish standards for licensing of child welfare agencies.
A license issued to a child welfare agency shall be deemed
approval of all family boarding homes, foster family
homes, and family day-care homes approved, supervised,
and used by the licensed agency as a part of its work,
subject to this article and rules and regulations of the
board.
(2) The department shall have the responsibility to
review existing day-care regulations to determine which
regulations are necessary to safeguard and protect the
well-being and general welfare of children and youth,
which regulations could more appropriately be issued
as guidelines for quality day care, and which regulations
unnecessarily restrict the delivery of day-care services.
A list of proposed rule changes shall be submitted to
the Board of Human Resources no later than November
1,1982. Copies of the proposed changes shall be submitted
to the Lieutenant Governor, the Speaker of the House
of Representatives, and the chairmen of the Senate Hu-
man Resources Committee and the House Health and
Ecology Committee.
(3) No later than December 31, 1982, the depart-
ment shall publish and make available to day-care cen-
ters and interested persons a list of guidelines for quality
child care.
(4) After a family day-care home, group day-care
home, or day-care center has been licensed or registered
by the department as provided in this article, the facility
shall not be required to have a permit to operate a food
service establishment as required in Code Section 26-2-
371, provided that standards for food service have been
incorporated in the regulations for licensing or register-
ing such agencies.
(c) The department shall assist applicants or licensees
in meeting standards of the department and, if a licensee
1040
GENERAL ACTS AND RESOLUTIONS, VOL. I
is, for any reason, denied renewal of a license or if a license
is revoked or if any applicant for a license cannot meet de-
partment standards, the department shall assist in planning
the placement of children, if any, in the custody of such
child welfare agency in some other licensed child welfare
agency or assist in returning them to their own homes or
in making any other plans or provisions as may be necessary
and advisable to meet the particular needs of the children
involved.
(d) Application for a license shall be made to the depart-
ment upon forms furnished by the department. Upon receipt
of an application for a license and upon presentation by
the applicant of evidence that the child welfare agency meets
the standards prescribed by the department, the department
shall issue such child welfare agency a license for a one-
year period.
(e) If the department finds that any child welfare
agency applicant does not meet standards prescribed by the
department but is attempting to meet such standards, the
department may, in its discretion, issue a temporary license
to such child welfare agency, but such temporary license
shall not be issued for more than a one-year period. Upon
presentation of satisfactory evidence that such agency is
making progress toward meeting prescribed standards of the
department, the department may, in its discretion, reissue
such temporary license for one additional period not to ex-
ceed one year. As an alternative to a temporary license,
the department, in its discretion, may issue a restricted li-
cense which states the restrictions on its face.
(e.l) The department shall refuse a license upon a show-
ing of:
(1) Sporadic noncompliance with those rules and
regulations which are designated in writing to the facili-
ties as being related to childrens health and safety;
(2) Flagrant and continued operation of an unli-
censed facility in contravention of the law; or
(3) Prior license denial or revocation within one
year of application.
GEORGIA LAWS 1986 SESSION
1041
(f) All child welfare agencies shall prominently display
the license issued to such agency by the department at some
point near the entrance of the premises of such agency that
is open to view by the public.
(g) The departments action revoking or refusing to re-
new or issue a license required by this Code section shall
be preceded by notice and opportunity for a hearing and
shall constitute a contested case within the meaning of Chap-
ter 13 of Title 50, the 'Georgia Administrative Procedure
Act, except that only 30 days notice in writing from the
commissioners designee shall be required prior to license
revocation and except that hearings held relating to such
action by the department may be closed to the public if the
hearing officer determines that an open hearing would be
detrimental to the physical or mental health of any child
who will testify at that hearing.
(h) Reserved.
(i) Reserved.
(j) Reserved.
(k) Child-caring institutions and child-placing agencies,
when licensed in accordance with this Code section, may
receive needy or dependent children from their parents,
guardians, custodians, or persons serving in loco parentis
for special, temporary, or continued care. Parents, guard-
ians, custodians, or persons serving in loco parentis to such
children may sign releases or agreements giving to such
institutions or agencies custody and control over such chil-
dren during the period of care.
(l) Child-placing agencies, in placing children in foster
family homes, shall safeguard the welfare of such children
by thoroughly investigating each such home and the charac-
ter and reputation of the persons residing therein and shall
adequately supervise each home during the period of care.
All children placed in foster family homes shall, as far as
is practicable, be placed with persons of the same religious
faith as the children themselves or the childrens parents.
(m) It shall be the duty of the department to inspect
at regular intervals all licensed child welfare agencies within
1042 GENERAL ACTS AND RESOLUTIONS, VOL. I
the state, including all family boarding homes, foster family
homes, and family day-care homes used by such agencies.
The department shall have right of entrance, privilege of
inspection, and right of access to all children under the care
and control of the licensee.
(n) If any flagrant abuses, derelictions, or deficiencies
are made known to the department or its duly authorized
agents during their inspection of any child welfare agency
or if, at any time, such are reported to the department, the
department shall immediately investigate such matters and
take such action as conditions may require.
(o) If abuses, derelictions, or deficiencies are found in
the operation and management of any child welfare agency,
they shall be brought immediately to the attention of the
management of such agency; and if correctable, but not cor-
rected within a reasonable time the department shall revoke
the license of such agency in the manner prescribed in this
Code section.
(p) Each child welfare agency shall make an annual
report of its work to the department in such form and at
such time as the department shall prescribe. The department
shall prepare and supply child welfare agencies with all
forms needed for the purpose of providing the department
with such information as may, from time to time, be required
by the department.
(q) Child welfare agencies and other facilities and insti-
tutions wherein children and youths are detained which are
operated by any department or agency of state, county, or
municipal government shall not be subject to licensure under
this Code section, but the department may, through its au-
thorized agents, make periodic inspections of such agencies,
facilities, and institutions. Reports of such inspections shall
be made privately to the proper authorities in charge of
such agencies, facilities, or institutions. The department
shall cooperate with such authorities in the development
of standards that will adequately protect the health and
well-being of all children and youths detained in such agen-
cies, facilities, and institutions or provided care by them.
The department may recommend changes in programs and
GEORGIA LAWS 1986 SESSION
1043
policies and if, within a reasonable time, the standards estab-
lished by the department and the recommendations of the
department are not met, it shall be the duty of the commis-
sioner to make public in the community in which such
agency, facility, or institution is located the report of the
above-mentioned inspection and the changes recommended
by the department. If any serious abuses, derelictions, or
deficiencies are found and are not corrected within a reasona-
ble time, the commissioner shall report them in writing to
the Governor.
(r) Any child welfare agency that shall operate without
a license issued by the department shall be guilty of a misde-
meanor and, upon conviction thereof, shall be punished by
a fine of not less than $50.00 nor more than $200.00 for
each such offense. Each day of operation without a license
shall constitute a separate offense.
(s) No person, official, agency, hospital, maternity home,
or institution, public or private, in this state shall receive
or accept a child under 17 years of age for placement or
adoption or place such a child, either temporarily or perma-
nently, in a home other than the home of the childs relatives
without having been licensed by the department. Notwith-
standing the provisions of Code Section 49-5-12.1, violation
of this subsection shall be punishable by a fine of not less
than $100.00 nor exceeding $500.00 for each offense. Nothing
in this Code section shall be construed to prohibit a properly
licensed attorney at law from providing necessary legal ser-
vices and counsel to parties engaged in adoption proceedings.
(t) The department may, without regard to the availa-
bility of other remedies, including administrative remedies,
seek an injunction against the continued operation of a child
welfare agency without a license or the continued operation
of a child welfare agency in willful violation of this article
or of any regulation of the department or in violation of
any order of the board.
49-5-12.1. (a) Unless otherwise provided in subsection
(r) of Code Section 49-5-12, any person who violates the provi-
sions of Code Section 49-5-12 or who hinders, obstructs, or
otherwise interferes with any representative of the depart-
1044 GENERAL ACTS AND RESOLUTIONS, VOL. I
ment in the discharge of that persons official duties in mak-
ing inspections as provided in Code Section 49-5-12 or in
investigating complaints as provided in Code Section 49-5-
12 shall be guilty of a misdemeanor.
(b) (1) Any person who:
(A) Violates any licensing or registration provi-
sion of this chapter or any rule, regulation, or order
issued under this chapter or any term, condition, or
limitation of any license or registration certificate
under this chapter thereby subjecting a child in care
to injury or a life-threatening situation; or
(B) Commits any violation for which a license
or registration certificate may be revoked under rules
or regulations issued pursuant to this chapter
may be subject to a civil penalty, to be imposed by the
department, not to exceed $500.00. If any violation is a
continuing one, each day of such violation shall consti-
tute a separate violation for the purpose of computing
the applicable civil penalty.
(2) Whenever the department proposes to subject
a person to the imposition of a civil penalty under this
subsection, it shall notify such person in writing:
(A) Setting forth the date, facts, and nature of
each act or omission with which the person is charged;
(B) Specifically identifying the particular provi-
sion or provisions of the Code section, rule, regulation,
order, license, or registration certificate involved in
the violation; and
(C) Advising of each penalty which the depart-
ment proposes to impose and its amount.
Such written notice shall be sent by registered or certified
mail by the department to the last known address of
such person. The person so notified shall be granted an
opportunity to show in writing, within such reasonable
GEORGIA LAWS 1986 SESSION
1045
period as the department shall by rule or regulation pre-
scribe, why such penalty should not be imposed. The no-
tice shall also advise such person that, upon failure to
pay the civil penalty subsequently determined by the
department, if any, the penalty may be collected by civil
action. Any person upon whom a civil penalty is imposed
may appeal such action pursuant to Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act.
(3) A civil penalty finally determined under this
Code section may be collected by civil action in the event
that such penalty is not paid as required. On the request
of the department, the Attorney General is authorized
to institute a civil action to collect a penalty imposed
pursuant to this subsection. The Attorney General shall
have the exclusive power to compromise, mitigate, or
remit such civil penalties as are referred to the Attorney
General for collection.
(4) All moneys collected from civil penalties shall
be paid to the state for deposit in the general fund.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
1046
GENERAL ACTS AND RESOLUTIONS, VOL. I
FAIR BUSINESS PRACTICES ACT OF 1975 OFFICE
SUPPLY TRANSACTIONS.
Code Sections 10-1-392, 10-1-397, and 10-1-399 Amended.
Code Section 10-1-393.1 Enacted.
No. 1540 (House Bill No. 1282).
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,
for definitions; to declare unfair or deceptive acts or practices
in the conduct of office supply transactions in trade or commerce
to be unlawful; to provide for investigations and actions by the
administrator; to authorize persons injured by acts in violation
hereof to bring an action for damages; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10
of the Official Code of Georgia Annotated, relating to provisions
of the "Fair Business Practices Act of 1975, is amended by
inserting immediately following paragraph (6) of subsection (a)
of Code Section 10-1-392, relating to definitions regarding fair
business practices, three new paragraphs, to be designated para-
graphs (6.1), (6.2), and (6.3), to read as follows:
"(6.1) 'Office means any place where business is trans-
acted, where any service is supplied by any person, or where
any farm is operated.
(6.2) 'Office supplier means any person who sells, rents,
leases, or ships, or offers to sell, lease, rent, or ship, goods,
services, or property to any person to be used in the operation
of any office or of any farm.
(6.3) 'Office supply transactions means the sale, lease,
rental, or shipment of, or offer to sell, lease, rent, or ship,
GEORGIA LAWS 1986 SESSION
1047
goods, services, or property to any person to be used in the
operation of any office or of any farm but shall not include
transactions in which the goods, services, or property are
purchased, leased, or rented by the office or farm for purposes
of reselling them to other persons.
Section 2. Said part is further amended by inserting imme-
diately following Code Section 10-1-393 a new Code section, to
be designated Code Section 10-1-393.1, to read as follows:
"10-1-393.1. (a) Unfair or deceptive acts or practices
by an office supplier in the conduct of office supply transac-
tions in trade or commerce are declared unlawful.
(b) By way of illustration only and without limiting the
scope of subsection (a) of this Code section, the following
practices by office suppliers in the conduct of office supply
transactions are declared unlawful:
(1) Passing off goods or services as those of another;
(2) Falsely representing to any person that the office
supplier is the usual supplier of goods, services, or prop-
erty purchased by that person;
(3) Falsely representing to any person that the
goods, services, or property sold, leased, rented, or
shipped by the office supplier are the same brand as that
person usually uses;
(4) Misrepresenting in any manner, including the
use of a confusingly similar name, the manufacturer,
supplier, or seller of the goods, services, or property;
(5) Representing that the prices an office supplier
charges are less than a person usually pays for goods,
services, or property, unless the goods, services, or prop-
erty compared are identical and the representation is
true;
(6) Shipping or supplying an amount or quantity
of goods, services, or property to a person which is sub-
stantially greater than the amount or quantity which
the person actually orders;
1048 GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Misrepresenting in any manner, including but
not limited to failure to disclose material facts regarding
the value of, any gift, prize, or award which will be given
by an office supplier in conjunction with any office supply
transaction;
(8) Falsely representing that there is an imminent
price increase; or
(9) Substituting any brand or quality of goods, ser-
vices, or property for that actually ordered without prior
approval of such substitution from the person ordering.
(c) An office supplier may not by contract, agreement,
or otherwise limit the operation of this part, notwithstanding
any other provision of law.
Section 3. Said part is further amended by striking in its
entirety subsection (a) of Code Section 10-1-397, relating to ac-
tions by the administrator for injunctions, and inserting in its
place a new subsection (a) to read as follows:
"(a) Whenever the administrator has reason to believe
that any person is using, has used, or is about to use any
method, act, or practice declared by Code Section 10-1-393,
by Code Section 10-1-393.1, or by regulations made under
Code Section 10-1-394 to be unlawful and that proceedings
would be in the public interest, whether or not any person
has actually been misled, he may bring an action in the
name of the state by filing a civil complaint against such
person to restrain or enjoin the use of such method, act,
or practice. The complaint must state generally the relief
sought and be served in accordance with Chapter 11 of Title
9, the 'Civil Practice Act. The action may be brought in
the superior court having jurisdiction over the defendant
by virtue of the Constitution or laws of the State of Georgia.
Section 4. Said part is further amended by striking in its
entirety subsection (a) of Code Section 10-1-399, relating to pri-
vate actions or claims for injunctions and damages, and insert-
ing in its place a new subsection (a) to read as follows:
"(a) Any person who suffers injury or damages as a re-
sult of consumer acts or practices or as a result of office
GEORGIA LAWS 1986 SESSION
1049
supply transactions in violation of this part or whose busi-
ness or property has been injured or damaged as a result
of consumer acts or practices or as a result of office supply
transactions in violation of this part may bring an action
individually, but not in a representative capacity, against
the person or persons engaged in such unlawful consumer
acts or practices or in such unlawful office supply transac-
tions under the rules of civil procedure to seek equitable
injunctive relief and to recover his general and exemplary
damages sustained as a consequence thereof in any court
having jurisdiction over the defendant; provided, however,
exemplary damages shall be awarded only in cases of inten-
tional violation. A claim under this Code section may also
be asserted as a defense, setoff, cross-claim, or counterclaim
or third-party claim against such person.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
METROPOLITAN AREA PLANNING AND DEVELOPMENT
COMMISSIONS REGIONAL PUBLIC PROJECTS; DEBT;
TAXING POWER; OPERATING EXPENSES.
Code Section 50-8-99.1 Enacted.
Code Section 50-8-101 Amended.
No. 1541 (House Bill No. 1293).
AN ACT
To amend Article 4 of Chapter 8 of Title 50 of the Official
Code of Georgia Annotated, relating to metropolitan area plan-
ning and development commissions, so as to authorize the com-
mission to be the contracting and coordinating agent for the
governing bodies of political subdivisions in the metropolitan
1050
GENERAL ACTS AND RESOLUTIONS, VOL. I
area with regard to certain regional public projects and to pro-
vide for conditions and procedures relating thereto; to prohibit
the commissions incurring debt relating thereto or exercising
taxing power but to authorize financing, credit, and debt ar-
rangements by the commission on behalf of political subdivisions
subject to statutory and constitutional limitations; to change
the amounts due for the commissions operating expenses from
the political subdivisions in the metropolitan area; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 50 of the Official
Code of Georgia Annotated, relating to metropolitan area plan-
ning and development commissions, is amended by adding im-
mediately following Code Section 50-8-99 a new Code section
to read as follows:
"50-8-99.1. (a) For purposes of this Code section, the
term 'participating affected local government means the
governing body of a political subdivision which is or will
be affected by a regional public project and which agrees
to authorize the commission to act on its behalf as described
in this Code section.
(b) In order to more efficiently coordinate and manage
the planning, development, implementation, construction,
management, and operation of public projects which are re-
gional, rather than purely local, in nature, the commission
is authorized pursuant to this Code section to act as the
contracting and coordinating agent for the participating af-
fected local governments.
(c) Upon receiving written approval from each partici-
pating affected local government, the commission is autho-
rized to act as the sponsor and coordinator of regional public
projects. Upon receipt of such approval, the commission shall
be authorized to enter into agreements with third parties
as agent on behalf of the participating affected local govern-
ments. All agreements with third parties related to the plan-
ning, development, implementation, construction, manage-
ment, or operation of the project shall be between the
GEORGIA LAWS 1986 SESSION
1051
commission as agent for the participating affected local gov-
ernments and such third parties. Upon contracting with
third parties as the project sponsor, the commission shall
then enter into subcontracts with the participating affected
local governments in order to allocate appropriately the costs
and benefits associated with the project, establish obligations
and responsibilities of each of the participating affected local
governments in connection therewith, delineate the relation-
ships among the parties, and address any other matters
which may be necessary or convenient in order to assure
the successful completion and operation of the project.
(d) The commission shall not have the power to tax or
to incur long-term indebtedness in connection with its au-
thority under this Code section. The commission may make
arrangements for the financing of any project described in
this Code section if authorized by the participating affected
local governments and if any resulting debt thereby created
is authorized pursuant to the laws and Constitution of this
state. Any such financing or credit shall be extended directly
to the participating affected local governments, which shall
assume all responsibility to repay same. No debt as autho-
rized herein shall be incurred in any manner so as to be a
responsibility of an affected government unless that affected
governments portion of that debt is first approved by a ma-
jority of the voters of such affected government voting in
an election called by the governing authority of the affected
government in the manner provided for calling and holding
other special elections if such debt is required to be so ap-
proved pursuant to Article IX, Section V of the Constitu-
tion.
Section 2. Said article is further amended by striking para-
graphs (1), (2), and (3), of subsection (b) of Code Section 50-8-
101, regarding provision of operating expenses for the commis-
sion, which read as follows:
"(1) Counties which have no portion of the most popu-
lous municipality within their boundary shall provide 30^
for each person residing in the county plus $2,000.00;
(2) Counties which have some portion of the most popu-
lous municipality within their boundary shall provide 30^
1052
GENERAL ACTS AND RESOLUTIONS, VOL. I
for each person residing in the county outside the most popu-
lous municipality plus 12^ for each person residing in the
county inside the most populous municipality plus $2,000.00;
and
(3) The most populous municipality shall provide 18^
for each person residing in the municipality plus $2,000.00.,
in their entirety and inserting in their place new paragraphs
(1) and (2) to read as follows:
"(1) Every county within the area and the most popu-
lous municipality within the area shall each provide the
commission with operating expenses of $2,000.00; and
(2) In addition to the amount required under paragraph
(1) of this subsection, every county within the area and the
most populous municipality within the area shall each pro-
vide the commission with an amount based upon the number
of residents of that county or municipality, respectively, and
determined as follows:
(A) Each county which has no portion of the most
populous municipality within its boundary shall provide
an amount determined by multiplying the number of
persons residing in that county by the following per resi-
dent amounts based upon the appropriate calendar year
specified:
1986 ................................., 30*
1987 ........................ 4(ty
(B) Each county which has some portion of the most
populous municipality within its boundary shall provide
an amount determined by multiplying the number of
persons residing in the county but outside that most pop-
ulous municipality by the per resident amount specified
for the applicable calendar year under subparagraph (A)
of this paragraph and shall also provide an amount deter-
mined by multiplying the number of persons residing
in the county inside that most populous municipality
by the following per resident amounts based upon the
appropriate calendar year specified:
GEORGIA LAWS 1986 SESSION
1053
1986 ........................R..............12?
1987 ....................................... 16?
(C) The most populous municipality shall provide
an amount determined by multiplying the number of
persons residing in the municipality by the following per
resident amounts based upon the appropriate calendar
year specified:
1986 ......................................... 18?
1987 ......................... ............. 24?
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
MOTOR VEHICLES REGISTRATION AND LICENSING;
DATES; STAGGERED LICENSE PLATE SALES; FEES.
Code Title 40, Chapter 2 Amended.
Code Sections 48-5-473, 48-10-7, and 48-10-8 Amended.
No. 1542 (House Bill No. 1317).
AN ACT
To amend Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to the registration and licensing of motor
vehicles, so as to change the date before which all vehicles shall
be licensed and registered each year; to provide that in certain
counties vehicles shall, between January 1 and May 1 of each
year, be registered during designated registration periods; to
provide definitions; to provide for exceptions under particular
circumstances; to provide for a penalty and for the disposition
of the penalty; to provide for applicability; to provide for related
matters; to amend Title 48 of the Official Code of Georgia Anno-
1054 GENERAL ACTS AND RESOLUTIONS, VOL. I
tated, relating to revenue and taxation, so as to change the
date before which all vehicles shall be licensed and registered
and returned for taxation; to change the date after which certain
vehicles shall pay a reduced registration fee; to provide for re-
lated 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 40 of the Official Code of
Georgia Annotated, relating to the registration and licensing
of motor vehicles, is amended by striking in its entirety Code
Section 40-2-8, relating to the operation of unregistered vehicles,
and inserting in lieu thereof a new Code Section 40-2-8 to read
as follows:
"40-2-8. (a) Any person Owning or operating any vehi-
cle described in Code Section 40-2-20 on any public highway
or street after May 1 of each year without complying with
that Code section shall be guilty of a misdemeanor. Any
person renting, leasing, or loaning any vehicle described in
Code Section 40-2-20 which is being used on any public high-
way or street after May 1 of each year without complying
with that Code section shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine
of $100.00 for each violation; and each day that such vehicle
is operated in violation of Code Section 40-2-20 shall be
deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after
May 1 of any year which is required to be registered and
which does not have attached to the rear thereof a numbered
license plate and current re validation decal, if required, shall
be stored at the owners risk and expense by any law enforce-
ment officer of the State of Georgia. It shall be a misde-
meanor to operate any vehicle required to be registered in
the State of Georgia without a valid numbered license plate
properly validated. If the owner of such vehicle presents
evidence that he has properly applied for the registration
of such vehicle, but that the license plate or revalidation
decal has not been delivered to him, then the owner shall
not be subject to the above penalties.
GEORGIA LAWS 1986 SESSION
1055
(c) It shall be unlawful and punishable as for a misde-
meanor to operate any vehicle required to be registered in
the State of Georgia without a valid county decal designating
the county where the vehicle was last registered. Any person
convicted of such offense shall be punished by a fine of $25.00
for a first offense and $100.00 for a second or subsequent
such offense. However, a county name decal shall not be
required if there is no space provided for a county name
decal on the current license plate.
Section 2. Said chapter is further amended by striking
subsection (a) of Code Section 40-2-20, relating to the registration
and licensing of vehicles, and inserting in lieu thereof a new
subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of this Code
section, every owner of a motor vehicle, including a tractor
or motorcycle, and every owner of a trailer shall, on or before
May 1 in each year, before he shall operate such motor vehi-
cle or trailer, register such vehicle as provided in this chap-
ter, and obtain a license to operate it for the ensuing year.
The purchaser of every new or unregistered motor vehicle,
including tractors and motorcycles, or trailer shall, within
seven days, register such vehicle as provided in this chapter
and obtain a license to operate it for the ensuing year. The
purchaser of every used motor vehicle, including tractors
and motorcycles, or trailer which is currently registered
shall, within 21 days, transfer such registration as provided
in Code Section 40-2-39.
Section 3. Said chapter is further amended by adding be-
tween Code Section 40-2-20 and Code Section 40-2-21 a new Code
Section 40-2-20.1 to read as follows:
"40-2-20.1. (a) As used in this Code section, the term:
(1) 'Name means:
(A) For natural persons, the surname of the
owner whose name appears first on the certificate
of title or other record of ownership; or
(B) For entities other than natural persons, the
first letter or word of the owner whose name appears
1056 GENERAL ACTS AND RESOLUTIONS, VOL. I
first on the certificate of title or other record of owner-
ship.
(2) 'Registration period means:
(A) The month of January for an owner whose
name begins with the letter A, B, C, or D;
(B) The month of February for an owner whose
name begins with the letter E, F, G, H, I, J, or K;
(C) The month of March for an owner whose
name begins with the letter L, M, N, O, P, Q, or R;
or
(D) The month of April for an owner whose name
begins with the letter S, T, U, V, W, X, Y, or Z.
(3) 'Vehicle means every motor vehicle, including
a tractor or motorcycle, and every trailer required to
be registered and licensed under Code Section 40-2-20.
Ob) Except as authorized in subsection (c) of this Code
section, in each county to which the provisions of this Code
section are made to apply as provided in subsection (f) of
this Code section, the owner of every vehicle registered in
the previous calendar year shall, between January 1 and
May 1 of each year, register and obtain a license to operate
such vehicle prior to the last day of the owners registration
period.
(c) The owner of any vehicle registered in the previous
calendar year who moves his residence between January 1
and May 1 from a county to which this Code section is not
applicable to a county to which this Code section is applicable
or the new owner of a vehicle registered in the previous
calendar year which was transferred to such new owner
between January 1 and May 1 who resides in a county to
which this Code section is applicable shall, unless such vehi-
cle has been registered during the current calendar year,
register and obtain a license to operate such vehicle prior
to the last day of the owners renewal period or, if such
renewal period has passed at the time of the change of resi-
dence or at the time of transfer, on or before May 1.
GEORGIA LAWS 1986 SESSION
1057
(d) Any owner of a vehicle who does not register and
obtain a license to operate such vehicle as provided in subsec-
tions Ob) and (c) of this Code section shall, in addition to
any other penalty which may be imposed if such vehicle is
registered after May 1, be subject to a $25.00 late registration
penalty. Such penalty shall be paid prior to obtaining a regis-
tration and license and shall be in addition to the fee pro-
vided by law. The penalty provided for in this subsection
shall be paid into the general fund of the county.
(e) The transferee of a new or unregistered vehicle shall
register and obtain a license to operate such vehicle as pro-
vided in subsection (a) of Code Section 40-2-20.
(f) This Code section shall only apply to a county which
has been brought under the provisions of this Code section
pursuant to a local law enacted by the General Assembly
and shall apply beginning January 1 of the calendar year
specified in such local law. If such local law is conditioned
upon approval in a referendum, the results of such referen-
dum shall be certified to the Department of Revenue.
(g) Nothing in this Code section shall preclude the
owner of any vehicle from registering and obtaining a license
for such vehicle prior to his registration period.
Section 4. Said chapter is further amended by striking
subsection (a) of Code Section 40-2-37, relating to the registration
of delinquent vehicles, and inserting in lieu thereof a new sub-
section (a) to read as follows:
"(a) On and after May 2 in each year, the owner of a
vehicle required to be registered under Code Section 40-2-
20 which was registered for the previous year, who has failed
to comply with Code Section 40-2-20 for the current year,
shall be deemed and held to be a delinquent under this Code
section; and the registration of such vehicle shall, on May
2 and thereafter, be subject to a penalty of 25 percent of
the registration fee for such vehicle in addition to the fee
provided by law.
Section 5. Title 48 of the Official Code of Georgia Anno-
tated, relating to revenue and taxation, is amended by striking
1058
GENERAL ACTS AND RESOLUTIONS, VOL. I
in its entirety Code Section 48-5-473, relating to returns for
ad valorem taxation for motor vehicles, and inserting in lieu
thereof a new Code Section 48-5-473 to read as follows:
48-5-473. Each year every owner of a motor vehicle
subject to taxation under this article shall return the motor
vehicle for taxation and pay the taxes due on the motor
vehicle at the time the owner applies for registration of his
motor vehicle and for the purchase of a license plate for
the motor vehicle, or at the time of the first sale or transfer
of the motor vehicle after December 31, or on May 1,
whichever occurs first. If the owner of a motor vehicle re-
turns his motor vehicle for taxation prior to the date that
the application for the purchase of a license plate is required,
he shall apply for the purchase of the license plate at the
time he returns the motor vehicle for taxation. If no license
plate is required for the motor vehicle, the owner shall never-
theless return the motor vehicle for taxation as provided
for in this Code section, but no license plate need be pur-
chased. Except as provided for in Code Section 48-5-450 and
except for motor vehicles excluded pursuant to Code Section
48-5-472, no license plate for any motor vehicle shall be is-
sued by the tax collector or tax commissioner until all ad
valorem taxes due on the motor vehicle have been paid.
Section 6. Said title is further amended by striking para-
graph (1) of Code Section 48-10-7, relating to license fees for
vehicles registered during specified parts of the year, and insert-
ing in lieu thereof a new paragraph (1) to read as follows:
"(1) May 15 and August 1 of any year shall pay three-
fourths of the annual license fee provided in this chapter;.
Section 7. Said title is further amended by striking in its
entirety Code Section 48-10-8, relating to time of application
and payment of license plates, and inserting in lieu thereof a
new Code Section 48-10-8 to read as follows:
"48-10-8. Each person subject to a license fee as pro-
vided in this chapter shall apply for and obtain the required
license plate on or before May 1 of each year. Payment for
the license plate shall be made to the commissioner, his
duly authorized agent, or any other person specified by law.
GEORGIA LAWS 1986 SESSION
1059
Section 8. This Act shall become effective May 16, 1986.
Section 9. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
CRIMES AND OFFENSES IMPERSONATING A PEACE
OFFICER.
Code Section 16-10-23 Amended.
Code Sections 27-1-26, 35-2-57, and 35-3-15 Repealed.
No. 1543 (House Bill No. 1341).
AN ACT
To amend the Official Code of Georgia Annotated so as to
change the provisions relating to impersonating a public officer
or employee; to repeal the provisions relating to impersonation
of a conservation officer; to repeal the provisions relating to
impersonation of an officer or member of the Uniform Division
of the Department of Public Safety; to repeal the provisions
relating to impersonation of an agent of the Georgia Bureau
of Investigation; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The Official Code of Georgia Annotated is
amended by striking Code Section 16-10-23 in its entirety and
inserting in lieu thereof a new Code Section 16-10-23 to read
as follows:
"16-10-23. A person who falsely holds himself out as
a peace officer or other public officer or employee with intent
1060 GENERAL ACTS AND RESOLUTIONS, VOL. I
to mislead another into believing that he is actually such
officer commits the offense of impersonating an officer and,
upon conviction thereof, shall be punished by a fine of not
more than $1,000.00 or by imprisonment for not less than
one nor more than five years, or both.
Section 2. Said Code is further amended by striking in
its entirety Code Section 27-1-26, which reads as follows:
"27-1-26. It shall be unlawful for any person who is
not at the time a duly commissioned conservation ranger
or deputy conservation ranger to identify himself as such
an officer of the department, to wear or exhibit in public
any official badge of such an officer, or to wear the uniform
of such an officer or any part thereof.
Section 3. Said Code is further amended by striking in
its entirety Code Section 35-2-57, which reads as follows:
"35-2-57. It shall be a misdemeanor for any person or
persons to wear, sell, or copy the uniform, or to impersonate
any officer or member of the Uniform Division of the Depart-
ment of Public Safety without written approval by the com-
missioner.
Section 4. Said Code is further amended by striking in
its entirety Code Section 35-3-15, which reads as follows:
"35-3-15. It shall be a misdemeanor for any person to
impersonate any agent of the bureau without written ap-
proval by the director.
Section 5. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1061
MOTOR VEHICLES EMISSION INSPECTIONS; DATES;
INITIAL INSPECTIONS.
Code Sections 40-8-155, 40-8-156, 40-8-158, and 40-8-159.1
Amended.*
No. 1544 (House Bill No. 1377).
AN ACT
To amend Part 2 of Article 2 of Chapter 8 of Title 40 of
the Official Code of Georgia Annotated, relating to periodic emis-
sion inspections of motor vehicles, so as to provide for inspections
and certificates of inspections for certain new motor vehicles;
to define further those vehicles which must be inspected prior
to being registered; to change the date during a calendar year
when certain requirements relative to emission inspections of
motor vehicles become applicable; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 2 of Article 2 of Chapter 8 of Title 40 of
the Official Code of Georgia Annotated, relating to periodic emis-
sion inspections of motor vehicles, is amended by striking Code
Section 40-8-155, relating to the applicability of emission inspec-
tions, and inserting in lieu thereof a new Code Section 40-8-
155 to read as follows:
"40-8-155. This part shall operate uniformly through-
out the state. In all counties of this state wherein there
are registered or licensed, pursuant to or subject to the re-
quirements of Chapter 2 of this title, as of May 1 of a given
calendar year, in any calendar year after the enactment
of this part, more than 200,000 motor vehicles as defined
in this part, all the provisions or requirements of this part
shall apply to any such county for a period of 12 months
immediately following May 1 of such calendar year.
Section 2. Said part is further amended by striking Code
Section 40-8-156, relating to certificates of emission inspection,
1062 GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof a new Code Section 40-8-156 to
read as follows:
"40-8-156. (a) In each county having more than
200,000 motor vehicles registered or licensed as of May 1
of a given calendar year, as specified in Code Section 40-8-
155, there is required within the 12 month period following
May 1 of such calendar year, for any period after April l|
1981, a certificate of emission inspection issued by an emis-
sion inspection station certified under this part for each re-
sponsible motor vehicle registered or licensed pursuant to
or subject to the requirements of Chapter 2 of this title in
such county during such 12 month period following May 1
of such calendar year. A certificate of emission inspection
is also required for each responsible motor vehicle owned
by any state agency, municipality, or other political subdivi-
sion registered or licensed pursuant to Code Section 40-2-
34 or 40-2-35, whichever is applicable, and assigned for use
during such 12 month period following May 1 of such calen-
dar year to any state agency, municipality, or other political
subdivision located in such county.
(b) Such certificate of emission inspection must certify
for any such responsible motor vehicle:
(1) An inspection of emissions of hydrocarbons and
carbon monoxide, as required by Code Section 40-8-158;
(2) Compliance, as required by Code Section 40-8-
158, with applicable emission standards or emission limi-
tations for hydrocarbons and carbon monoxide specified
for such vehicle by the board pursuant to Code Section
40-8-157;
(3) Inspection, as required by Code Section 40-8-158,
of emission control equipment which was required to be
installed on such motor vehicle when new by the federal
Clean Air Act; and
(4) Maintenance, as required by Code Section 40-8-
158, of emission control equipment which was required
to be installed on such motor vehicle when new by the
federal Clean Air Act.
GEORGIA LAWS 1986 SESSION
1063
(c) Such a certificate of emission inspection for responsi-
ble motor vehicles shall be required in a county during a
12 month period following May 1 of a given calendar year
only during the period after such county or some part thereof
has been continuously designated for a period of at least
12 months by USEPA, pursuant to the authority of the fed-
eral Clean Air Act, as having ambient air levels of either
photochemical oxidants (ozone) or carbon monoxide in excess
of the National Ambient Air Quality Standard for such pol-
lutant.
(d) When the requirements of this Code section initially
become applicable in a county which is subject to the provi-
sions of this part under Code Section 40-8-155 on a date
subsequent to May 1 of a given calendar year, then the period
allowed for obtaining a certificate of emission inspection
shall be 12 months following the date such certificate ini-
tially became required under this Code section. In such a
case, the entire 12 month period following the date such
certificate initially became required under this Code section
shall be considered the initial 12 month period of applicabil-
ity for purposes of subsection (e) of Code Section 40-8-158.
(e) Except as otherwise provided in subsection (d) of this
Code section, all responsible motor vehicles becoming subject
to the requirements of this Code section during any 12 month
period following May 1 of a given calendar year shall comply
with such requirements before May 1 of the next calendar
year.
(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.
(g) Notwithstanding the other provisions of this Code
section, the requirements of this part shall not apply to vehi-
cles registered or licensed as specified in subsection (a) of
this Code section where the owner of such vehicle certifies,
under oath and subject to the monetary penalties as provided
1064
GENERAL ACTS AND RESOLUTIONS, VOL. I
in Code Section 16-10-71 upon conviction for false swearing
therein, that:
(1) Such vehicle is so registered or licensed by a
Georgia resident on active duty in the armed services
of the United States then residing outside the State of
Georgia;
(2) At the time this part is being or is sought to
be enforced with respect to such vehicle, the owners do-
micile or, if such vehicle is primarily used in connection
with some established business enterprise, such estab-
lished business enterprise is not located in any county
wherein any responsible motor vehicle is subject to the
requirements of this part; or
(3) Such vehicle is or will be, during the 12 month
period of applicability of the part during which the part
is being or is sought to be enforced with respect to such
vehicle, permanently assigned or let for use to a person
not domiciled or an established business enterprise not
located in any county wherein any responsible motor
vehicle is subject to the requirements of this part.
The commissioner shall provide the form for any such certifi-
cation.
Section 3. Said part is further amended by striking Code
Section 40-8-158, relating to periodic emission inspections, and
inserting in lieu thereof a new Code Section 40-8-158 to read
as follows:
40-8-158. (a) Each responsible motor vehicle subject
to any requirement under Code Section 40-8-156 must re-
ceive a certificate of emission inspection once during any
12 month period during which Code Section 40-8-156 applies
to such responsible motor vehicle from an emission inspec-
tion station holding a valid certificate of authorization from
the department. A certificate of emission inspection shall
be issued for such a responsible motor vehicle if, upon inspec-
tion by a permitted mechanic inspector, the mechanic inspec-
tor determines, consistent with the terms of Code Section
40-8-156, with respect to such responsible motor vehicle:
GEORGIA LAWS 1986 SESSION
1065
(1) That any emission control equipment required
on such responsible motor vehicle when new by the fed-
eral Clean Air Act has been inspected to determine
whether such equipment has been rendered unservicea-
ble by removal, alteration, or other interference with
its operation;
(2) That any emission control equipment required
on such responsible motor vehicle when new by the fed-
eral Clean Air Act has not been rendered unserviceable
by removal, alteration, or other interference with its op-
eration (unless replaced with equipment of demonstrated
equivalent emission reduction capabilities);
(3) That an inspection of the exhaust and evapora-
tive emissions of hydrocarbons and carbon monoxide
from such responsible motor vehicle has been performed;
and
(4) That the exhaust emissions and evaporative
emissions from the responsible motor vehicle do not ex-
ceed any applicable emission standard or emission limita-
tion for allowable emissions of hydrocarbon or carbon
monoxide prescribed by the board pursuant to this part.
Compliance with any applicable emission standard or
emission limitation shall be determined by mechanic in-
spectors meeting qualifications, using methods, tech-
niques, and equipment, under conditions, and following
inspection procedures prescribed by the board pursuant
to this part.
(b) If the inspection discloses any violation of any appli-
cable emission standard or emission limitation, then the
owner shall be notified, in writing, of the air pollutant which
exceeds the allowable emissions and the degree of excess.
(c) The owner shall have necessary maintenance and
repairs performed and return for reinspection at an emission
inspection station within 15 days of the initial inspection.
Such reinspection shall be at no charge to the owner. If,
upon reinspection, such motor vehicle fails to meet the re-
quirements of subsection (a) of this Code section, no certifi-
cate of emission inspection shall be issued unless the owner
1066 GENERAL ACTS AND RESOLUTIONS, VOL. I
proves, by means of repair facility receipts or other written
documents, that:
(1) He has replaced any emission control and ex-
haust system equipment or part thereof which has been
removed, physically damaged, or otherwise rendered in-
operable;
(2) He has spent at least $50.00 in the repair and
maintenance of the responsible motor vehicle evapora-
tive (as applicable) emission control systems and related
equipment, apart from the replacement or repair of emis-
sion control devices and exhaust systems, since the first
inspection in the current 12 month period of applicability
of Code Section 40-8-156; and
(3) Such repairs and maintenance have produced a
decrease in exhaust and evaporative emissions (as appli-
cable) since the first inspection in the current 12 month
period of applicability of Code Section 40-8-156.
(d) As used in this Code section, the term 'initial 12
month period of applicability means, for a given county,
the 12 month period following May 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 require-
ment 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 applicabil-
ity upon again becoming subject to any requirement under
this part in such manner.
(e) Following the initial 12 month period of applicabil-
ity, 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 identifi-
cation of the inspecting station, the signature of the me-
chanic inspector performing the inspection, and such other
GEORGIA LAWS 1986 SESSION
1067
information as shall be required by the commissioner. The
mechanic inspector shall remove from the vehicle being in-
spected 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) A new responsible motor vehicle otherwise required
under Code Section 40-8-156 to have an inspection or certifi-
cate of inspection shall not be required to have either that
inspection or certificate at the time of the initial retail sale
or delivery of that vehicle, but the required inspection and
certificate of inspection shall be obtained prior to the time
the initial owner first transfers such vehicle or within 12
months following the date of the initial sale of the vehicle
when new whichever occurs first. With respect to any inspec-
tion or certificate of inspection for a responsible motor vehi-
cle at the time of the initial retail sale of such vehicle when
new, the department may provide for the issuance of certifi-
cates 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.
(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 veri-
fication required in any 12 month period may have an addi-
tional or duplicate certificate of emission inspection or emis-
sion 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
1068
GENERAL ACTS AND RESOLUTIONS, VOL. I
inspection verification upon the owner demonstrating to
the mechanic inspector that the responsible motor vehi-
cle 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 ob-
tained a current and valid inspection sticker.
Section 4. Said part is further amended by striking Code
Section 40-8-159.1, relating to proof of emission inspection and
obtaining a vehicle registration, and inserting in lieu thereof
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 subject to
any requirement under Code Section 40-8-156 pursuant to
or subject to the requirements of Chapter 2 of this title unless
the owner provides a certificate of emission inspection or
an emission inspection verification form issued pursuant to
subsection (e) of Code Section 40-8-158 indicating that such
responsible motor vehicle satisfied all applicable require-
ments 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 subject to any requirement
under Code Section 40-8-156 by mail, the application shall
be accompanied by an emission inspection verification form
issued pursuant to subsection (e) of Code Section 40-8-158.
(b) It shall be unlawful to and no person shall operate
a responsible motor vehicle subject to any requirement un-
der Code Section 40-8-156 on the roadways of this state with-
out a valid registration or license issued in compliance with
this part. Any person who operates a responsible motor vehi-
cle subject to any requirement under Code Section 40-8-156
on the roadways of this state without a valid registration
or license issued in compliance with this part shall be consid-
ered to be operating an unregistered motor vehicle.
Section 5. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
GEORGIA LAWS 1986 SESSION
1069
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
FIRE PROTECTION AND SAFETY BLASTING OR
EXCAVATING NEAR UNDERGROUND FACILITIES OR
UTILITIES.
Code Title 25, Chapter 9 Amended.
No. 1545 (House Bill No. 1489).
AN ACT
To amend Title 25 of the Official Code of Georgia Annotated,
relating to fire protection and safety, so as to comprehensively
revise Chapter 9 of such title, relating to blasting or excavating
near underground gas pipes and facilities, in order to regulate
the blasting or excavating near other types of underground facil-
ities; to change the provisions relating to the purpose of said
Chapter 9; to change certain definitions; to provide additional
definitions; to change the provisions relating to requirements
of gas companies to file certain information with superior court
clerks; to require other utilities to file certain information with
superior court clerks; to provide for the establishment of one-
call notification centers; to change the provisions relating to
duties of superior court clerks; to change the provisions relating
to prerequisites to blasting or excavating; to change the provi-
sions relating to notification of proposed blasting or excavating;
to provide for the treatment of utility facilities by persons en-
gaged in blasting or excavating; to provide for the degree of
accuracy required in underground utility location information;
to provide for effect of chapter upon rights and powers of utili-
ties; to change the provisions relating to the effect of this chapter
upon the rights and powers of the state, counties, or municipali-
ties concerning facilities located on public road or street rights
1070 GENERAL ACTS AND RESOLUTIONS, VOL. I
of way; to change the provisions relating to applicability of this
chapter in event of emergencies; to change the penalty provi-
sions; 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 Anno-
tated, relating to fire protection and safety, is amended by strik-
ing in its entirety Chapter 9, relating to blasting or excavating
near underground gas pipes and facilities, and inserting in lieu
thereof a new Chapter 9 to read as follows:
"CHAPTER 9
25-9-1. The purpose of this chapter is to prevent injury
to persons and property and interruptions of utility service
resulting from damage to gas pipes and other underground
utility facilities caused by blasting or excavating operations
by providing a method whereby the location of underground
gas pipes and other utility facilities will be made known
to persons planning to engage in blasting or excavating oper-
ations so that such persons may observe proper precautions
with respect to such underground gas pipes and other utility
facilities.
25-9-2. As used in this chapter, the term:
(1) 'Blasting means any operation by which the
level or grade of land is changed or by which earth, rock,
buildings, structures, or other masses or materials are
rended, torn, demolished, moved, or removed by the deto-
nation of dynamite or any other explosive agent.
(2) 'Business days means Monday through Friday,
excluding any public and legal holidays.
(3) 'Corporation means any corporation; municipal
corporation; county; joint-stock company; partnership;
association; business trust; cooperative; organized group
of persons, whether incorporated or not; or receiver or
receivers or trustee or trustees of any of the foregoing.
(4) 'Distribution of gas means the distribution or
furnishing of gas to the ultimate consumer through the
GEORGIA LAWS 1986 SESSION
1071
use of underground pipes or other facilities and includes,
but is not limited to, the distribution of gas pursuant
to a certificate of public convenience and necessity issued
by the Public Service Commission.
(5) 'Excavating means any operation by which the
level or grade of land is changed and includes, without
limitation, grading, trenching, digging, ditching, auger-
ing, scraping, and pile driving. Such term, however, does
not include public road maintenance activities within
the rights of way of a public road on the state highway
system, the county road system, or the city street system.
(6) 'Gas means any flammable gaseous matter and
includes, but is not limited to, natural gas, manufactured
gas, liquefied petroleum gas, and any material composed
predominantly of any of the following hydrocarbons or
mixtures of the same: methane, propane, propylene, bu-
tane, or butylene. The term 'gas shall also include liquid
petroleum products.
(7) 'Mechanized excavating equipment means all
equipment which is powered by any motor, engine, or
hydraulic or pneumatic device and which is used for exca-
vating, including, without limitation, bulldozers, back-
hoes, power shovels, scrapers, draglines, clamshells, au-
gers, drills, and pile drivers.
(8) 'One-call notification center or 'center means
an organization or office established and funded by two
or more utilities for the purpose of maintaining a list
of all utilities owning gas pipes and other underground
utility facilities within the county or counties in which
the center operates and for the purpose of maintaining
the information required to be filed pursuant to Code
Section 25-9-3.
(9) 'Person means an individual or a corporation.
Such term, however, does not include and no provision
of this chapter shall apply to any excavating done by a
railroad when said excavating is made entirely on the
land which the railroad owns or on which the railroad
operates or, in the event of emergency, on adjacent land.
1072 GENERAL ACTS AND RESOLUTIONS, VOL. I
Such term, however, also does not include and shall not
apply to the Department of Transportation, its officers
or employees when excavating, blasting, or operating
mechanized excavating equipment anywhere within pub-
lic road rights of way.
(10) 'Railroad means all corporations, companies, or
individuals owning or operating any railroad line or rail-
road company in this state.
(11) 'Service area means a contiguous area or terri-
tory which encompasses the underground distribution
system or network of gas pipes or other underground
utility facilities by means of which a utility provides util-
ity service.
(12) 'Transmission of gas means the transmission or
transportation of gas through the use of underground
pipes or other facilities and includes, but is not limited
to, the transportation or transmission of gas in interstate
commerce pursuant to a certificate of public convenience
and necessity issued by the Federal Energy Regulatory
Commission and the transmission or transportation of
gas in intrastate commerce pursuant to a certificate of
public convenience and necessity issued by the Public
Service Commission.
(13) 'Utility means any person operating or main-
taining gas pipes or other underground utility facilities.
(14) 'Utility facility means underground mains,
pipes, conduits, cables, ducts, wires, or other structures
operated or maintained by utilities in connection with
the storage, conveyance, distribution, or transmission of
gas, electric energy, or telephone or telegraphic commu-
nications.
25-9-3. Each utility which maintains gas pipes or other
underground utility facilities within any county of this state
shall file with the clerk of the superior court of such county
the name, address, and telephone number of the office, de-
partment, or other source from or through which informa-
tion respecting the location of the gas pipes or other under-
GEORGIA LAWS 1986 SESSION
1073
ground utility facilities of such utility within the county
may be obtained during normal business hours on business
days. From time to time each utility shall make such further
and additional filings as may be necessary to keep current
the designation, address, and telephone number of such
source. Municipal and county gas or electric utilities shall
not be required to make such filings in the office of the clerk
of the superior court but shall maintain such information
in the office of the clerk of the city or in the office of the
superintendent of the gas or electric department of the city
or in the office of the utility commission of the city; provided,
however, that all such municipal and county gas or electric
utilities shall participate and cooperate with any one-call
notification center which may be established pursuant to
Code Section 25-9-4.
25-9-4. (a) Two or more utilities may voluntarily estab-
lish a one-call notification center to maintain information
concerning gas pipes and other underground utility facilities
within the counties encompassed by the utilities service
area. Upon the establishment of the first such one-call notifi-
cation center, all other utilities operating and maintaining
underground utility facilities within said counties shall par-
ticipate and cooperate with the center, and no duplicative
center shall be established pursuant to this Code section.
The activities of the center shall be funded by all of the
participating utilities.
(b) A one-call notification center shall maintain a list
showing the counties within which its participating utilities
maintain gas pipes and other underground utility facilities.
The center shall also maintain a list of the name, address,
and telephone number of the office, department, or other
source from or through which information respecting the
location of gas pipes and other underground utility facilities
of its participating utilities may be obtained during normal
business hours on business days.
(c) A one-call notification center shall file with the clerk
of the superior court of each county in which its participating
utilities operate or maintain gas pipes and other under-
ground utility facilities a list of its participating utilities,
along with the centers name, address, and telephone num-
1074 GENERAL ACTS AND RESOLUTIONS, VOL. I
ber. Such filing by the center shall relieve the participating
utilities of the filing and record keeping requirements im-
posed by Code Section 25-9-3.
25-9-5. The clerk of the superior court in each county
of this state shall:
(1) Maintain a file for the written information to
be filed by utilities in accordance with this chapter and
make the same available for public inspection;
(2) Mark the date and hour of filing of all written
materials filed in accordance with this chapter; and
(3) Charge a fee in accordance with paragraph (9)
of subsection (d) of Code Section 15-6-77 for the filing
of such written materials.
25-9-6. (a) No person shall commence, perform, or en-
gage in blasting or in excavating with mechanized excavat-
ing equipment on any tract or parcel of land in any county
in this state unless and until each of the following conditions
has occurred:
(1) The person planning the blasting or excavating,
on or before the third business day preceding the day
on which such work is planned to commence, has given
actual notice of the proposed work to the source which
was designated and filed in such county by each utility
or one-call notification center in accordance with Code
Section 25-9-3 or subsection (c) of Code Section 25-9-4,
which notice shall:
(A) Describe the tract or parcel of land upon
which the blasting or excavation is to take place with
sufficient particularity to enable the utility to ascer-
tain the precise tract or parcel of land involved;
(B) State the name, address, and telephone num-
ber of the person who will engage in the blasting
or excavating;
(C) Describe the type of blasting or excavating
to be engaged in by the person; and
GEORGIA LAWS 1986 SESSION
1075
(D) Designate the date, no earlier than three
business days and no later than ten days from the
date of the notice, upon which the blasting or excavat-
ing will commence; and
(2) The person planning the blasting or excavating
has ascertained from each source filed in accordance with
Code Section 25-9-3 or subsection (c) of Code Section 25-
9-4 the location of all gas pipes and other underground
utility facilities of each utility which are located upon
the tract or parcel of land or within 200 feet thereof.
(b) Notwithstanding subsection (a) of this Code section,
a person who engages in blasting or excavating with mecha-
nized excavating equipment upon a tract or parcel of land
which he owns or leases shall not be required to give any
notice under this Code section, if the person has correctly
ascertained from other means available to him that there
are no gas pipes or other underground utility facilities which
will be damaged or injuriously affected by the blasting or
excavating.
(c) Whenever any blasting or excavating with mecha-
nized excavating equipment is undertaken on a project on
the public road system under contract with the Department
of Transportation, the notice required under subsection (a)
of this Code section shall be deemed to have been given
for all utility facilities other than gas which are shown on
the project plans and for which a notice of contract award
and a notice of preconstruction conference have been mailed
to the utility by the Department of Transportation. Nothing
contained in this subsection shall be construed to relieve
any person under contract with the Department of Transpor-
tation of the duties set forth in Code Section 25-9-8 as to
all underground utility facilities.
25-9-7. Within three business days following receipt by
the source designated pursuant to Code Section 25-9-3 or
subsection (c) of Code Section 25-9-4 of actual notice filed
in accordance with Code Section 25-9-6 or within such longer
reasonable period as may be required under the circum-
stances, but in any event within five business days, each
utility shall attempt to advise the person requesting informa-
1076 GENERAL ACTS AND RESOLUTIONS, VOL. I
tion by telephoning the person at the telephone number
furnished by the person that:
(1) The utility does not have gas pipes or other un-
derground utility facilities located upon the parcel or
tract of land in question or within 200 feet thereof; or
(2) The utility has staked or otherwise marked the
surface of the land to indicate the location of such of
its gas pipes or other underground utility facilities as
are located upon the tract or parcel of land and within
200 feet thereof.
25-9-8. Persons engaged in blasting or in excavating
with mechanized excavating equipment shall not strike,
damage, injure, loosen, or remove lateral support from or
around any gas pipe or other underground utility facility
which has been staked or marked in accordance with this
chapter; provided, however, that nothing in this chapter
shall be construed or applied to limit or reduce the duty
of a person engaged in blasting or excavating in the vicinity
of gas pipes or other underground utility facilities, irrespec-
tive of whether the same have been staked or marked as
provided in this chapter.
25-9-9. (a) For the purposes of this chapter, informa-
tion concerning the location of gas pipes and other under-
ground utility facilities which is given by a utility to any
person must be accurate to within 24 inches. If any gas pipe
or other underground utility facilities become damaged due
to the furnishing of inaccurate information as to their loca-
tion by the utility, the liabilities imposed by this chapter
shall not apply.
(b) Upon documented evidence that the person seeking
information as to the location of gas pipes or other under-
ground utility facilities has incurred losses or expenses due
to inaccurate information, lack of information, or unreason-
able delays in supplying information by the utility, the util-
ity shall be liable to that person for his losses.
25-9-10. This chapter does not affect and is not intended
to affect any right, title, power, or interest which any utility
GEORGIA LAWS 1986 SESSION
1077
may have with relation to any facility or to any easement,
right of way, license, permit, or other interest in or with
respect to the land on which the facility is located.
25-9-11. This chapter does not affect and is not intended
to affect any rights, powers, interest, or liability of the state
or the Department of Transportation With respect to the
state highway system, the county road system, or the munici-
pal street system, or of a county with respect to the county
road system or of a municipality with respect to the city
street system, with relation to any gas pipe or other under-
ground utility facility which is or may be installed within
the limits of any public road or street right of way, whether
the installation is by written or verbal permit, easement,
or any form of agreement whatsoever.
25-9-12. If an emergency arises which presents an im-
mediate and substantial danger to life, health, or property
or which requires the establishment or restoration of gas,
electric, communication, rail, or other essential public ser-
vices, it shall be lawful for the person who undertakes to
prevent such danger to life, health, or property or who is
responsible for the establishment or restoration of such gas,
electric, communication, rail, or other essential public ser-
vices to engage in blasting or in excavating with mechanized
excavating equipment for such purpose without complying
with Code Section 25-9-6, provided that, before commencing
the same or as soon thereafter as is reasonably practicable,
the person shall give notice thereof to any utility which
the person, in the exercise of reasonable judgment, believes
may have gas pipes or other underground utility facilities
within such proximity as to be affected by the blasting or
excavating with mechanized excavating equipment.
25-9-13. (a) Any person who violates the requirements
of Code Section 25-9-6 shall be guilty of a crime punishable
by payment of a fine of $1,000.00 for the first offense and
$3,000.00 for any subsequent offenses occurring within a 12
month period. The fine provided for in this subsection shall
not be imposed on a person engaged in farming activities
on land he owns or leases.
(b) Any person who violates the requirements of Code
Section 25-9-6 and whose subsequent excavating or blasting
1078 GENERAL ACTS AND RESOLUTIONS, VOL. I
damages gas pipes or other underground utility facilities
shall be strictly liable for:
(1) Any cost incurred by the utility in repairing or
replacing its damaged facilities; or
(2) Any injury or damage to persons or property re-
sulting from damaging the underground gas pipe or other
utility facilities.ex Any such person shall also indemnify
the affected utility against all claims, if any, for personal
injury, property damage, or service interruptions result-
ing from damaging the underground gas pipe or other
utility facilities.
(c) Subsections (a) and (b) of this Code section shall not
apply to any person who shall commence, perform, or engage
in blasting or in excavating with mechanized equipment on
any tract or parcel of land in any county in this state if
the utility to which notice was given respecting such blasting
or excavating with mechanized equipment as prescribed in
subsection (a) of Code Section 25-9-6 has failed to comply
with Code Section 25-9-7.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1079
PUBLIC SCHOOL DISCIPLINARY TRIBUNALS
EXEMPTION OF CHILDREN IN KINDERGARTEN
THROUGH PRIMARY GRADE 3.
Code Section 20-2-759 Enacted.
No. 1546 (House Bill No. 1561).
AN ACT
To amend Subpart 2 of Part 2 of Article 16 of Chapter 2
of Title 20 of the Official Code of Georgia Annotated, relating
to public school disciplinary tribunals, so as to provide that
certain children shall not be subject to hearings before a disci-
plinary tribunal; to provide that the superintendent shall deter-
mine disciplinary proceedings; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Subpart 2 of Part 2 of Article 16 of Chapter 2
of Title 20 of the Official Code of Georgia Annotated, relating
to public school disciplinary tribunals, is amended by adding
at the end thereof a new Code Section 20-2-759 to read as follows:
"20-2-759. (a) This subpart shall not apply to children
in kindergarten through primary grade 3.
(b) The superintendent of schools shall determine the
disciplinary actions or proceedings for children exempt from
this subpart under subsection (a) of this Code section.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
1080
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOCAL GOVERNMENT REORGANIZATION BY REPEAL
OF MUNICIPAL CHARTERS.
Code Title 36, Chapter 68 Enacted.
No. 1547 (House Bill No. 1572).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated,
relating to local government, so as to grant authority to the
General Assembly to provide by local law for a form of govern-
mental reorganization whereby the charter of a municipality
is repealed in order for the county in which the municipality
is located to succeed to the corporate powers, functions, rights,
assets, and liabilities of the municipality; to provide for the
subjects which may be controlled by local law to achieve such
a governmental reorganization; to provide requirements relative
to such local laws; to provide for other matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Anno-
tated, relating to local government, is amended by adding imme-
diately following Chapter 67 a new Chapter 68 to read as follows:
"CHAPTER 68
36-68-1. This chapter is enacted pursuant to the author-
ity of Article IX, Section III, Paragraph II, subparagraph
(b) of the Constitution. It is the purpose of this chapter to
grant authority to the General Assembly to provide by local
law for a form of governmental reorganization whereby the
charter of a municipality is repealed in order for the county
in which the municipality is located to succeed to the corpo-
rate powers, functions, rights, assets, and liabilities of the
municipality. This chapter shall be liberally construed to
carry out effectively such purpose.
36-68-2. (a) Subject to the requirements of Code Sec-
tion 36-68-3, when the charter of a municipality is repealed
GEORGIA LAWS 1986 SESSION
1081
by local law as a part of achieving a governmental reorgani-
zation described in Code Section 36-68-1, the General Assem-
bly may also provide by local law for any of the following
matters:
(1) For the form of government of the county which
is the successor to the corporate powers, functions, rights,
properties, and obligations of the municipality;
(2) For the county to constitute a municipality as
well as a county for the purposes of the application of
the general laws and Constitution of this state;
(3) For the exercise by the county of the powers
vested in the former municipality and in municipalities
generally as well as the powers vested in the county and
counties generally;
(4) For the county to receive any grants or other
types of funds or revenues which the former municipality
was entitled to receive as well as grants or other types
of funds or revenues which the county is entitled to re-
ceive;
(5) For the status of the county relative to any mu-
nicipalities, other than the municipality having its char-
ter repealed, located wholly or partially within such
county;
(6) For the transfer of all assets and properties of
the municipality to the county;
(7) For the assumption by the county of all contrac-
tual and other obligations of the municipality;
(8) For the transfer of employees of the municipality
to the county and for the preservation of any rights of
such employees and their beneficiaries existing under
any retirement or pension system of the municipality;
and
(9) For any other matters reasonably necessary or
convenient to achieve and implement effectively a gov-
1082
GENERAL ACTS AND RESOLUTIONS, VOL. I
ernmental reorganization described by Code Section 36-
68-1.
(b) A local law enacted pursuant to the authority of
subsection (a) of this Code section may provide for such proce-
dures, requirements, and limitations as may be reasonably
necessary to control the subjects included within such local
law, and the provisions of said subsection (a) shall not be
construed to limit the manner in which the General Assem-
bly may by local law control the subjects described by said
subsection (a).
36-68-3. (a) Local laws enacted pursuant to the author-
ity of this chapter shall be subject to the following require-
ments:
(1) A local law enacted pursuant to the authority
of Code Section 36-68-2 shall provide for the creation
of a special tax district consisting of the territory lying
within the corporate boundaries of the municipality for
the purpose of the successor county government levying
a tax therein sufficient to retire the bonded indebtedness
of the municipality which was outstanding on the effec-
tive date of the repeal of the charter of the municipality;
(2) The effectiveness of local laws described in para-
graphs (3) and (4) of this subsection shall be contingent
upon their approval by the governing authorities of the
affected municipality and county prior to the referenda
provided for in paragraphs (3) and (4) of this subsection.
(3) The effectiveness of a local law repealing the
charter of a municipality shall be contingent upon its
approval by a majority of the voters voting within the
municipality and upon the parallel local law described
by paragraph (4) of this subsection becoming effective;
(4) The effectiveness of a local law enacted pursuant
to the authority of Code Section 36-68-2 shall be contin-
gent upon its approval by a majority of the voters voting
throughout the territorial boundaries of the applicable
county and upon the parallel local law described by para-
graph (3) of this subsection becoming effective; and
GEORGIA LAWS 1986 SESSION
1083
(b) The requirement for a referendum to repeal a mu-
nicipal charter under paragraph (3) of subsection (a) of this
Code section shall apply to the repeal of a municipal charter
only when such repeal is a part of a governmental reorgani-
zation described by Code Section 36-68-1.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
DISTILLED SPIRITS MANUFACTURE, SALE, OR
DISTRIBUTION IN MUNICIPALITIES.
Code Sections 3-4-51, 3-4-93, and 3-4-160 Enacted.
No. 1548 (House Bill No. 1579).
AN ACT
To amend Chapter 4 of Title 3 of the Official Code of Georgia
Annotated, relating to the regulation of distilled spirits, so as
to prpvide that any municipality which, on January 1, 1985,
was issuing licenses permitting the manufacture, sale, or distri-
bution of distilled spirits or authorizing the sale of distilled spir-
its by the drink for consumption only on the premises based
on approval for such in the county in a county-wide referendum
shall be authorized to exercise the powers and shall be subject
to the provisions of law relating to such activities; to provide
that certain municipalities may authorize the manufacture,
sale, or distribution of distilled spirits or the sale of distilled
spirits by the drink for consumption only on the premises; to
provide procedures for such authorization; to provide for the
1084
GENERAL ACTS AND RESOLUTIONS, VOL. I
withdrawal of such authorization; to provide for other matters
relative thereto; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 4 of Title 3 of the Official Code of Geor-
gia Annotated, relating to the regulation of distilled spirits, is
amended by adding at the end of Article 3 of said chapter a
new Code Section 3-4-51 to read as follows:
"3-4-51. Any municipality which lies wholly or partially
within a county which has approved the manufacture, sale,
or distribution of distilled spirits in a county-wide referen-
dum as provided in this article and which, on January 1,
1985, was issuing licenses permitting the manufacture, sale,
or distribution of distilled spirits shall be authorized to exer-
cise the powers and shall be subject to the provisions con-
tained in this title relating to the manufacture, sale, or distri-
bution of distilled spirits.
Section 2. Said chapter is further amended by adding at
the end of Part 1 of Article 5 of said chapter a new Code Section
3-4-93 to read as follows:
"3-4-93. Any municipality which lies wholly or partially
within a county which has approved the sale of distilled
spirits by the drink for consumption only on the premises
in a county-wide referendum as provided in this article and
which, on January 1, 1985, was issuing licenses permitting
the sale of distilled spirits by the drink for consumption
only on the premises shall be authorized to exercise the pow-
ers and shall be subject to the provisions contained in this
title relating to the sale of distilled spirits by the drink for
consumption only on the premises.
Section 3. Said chapter is further amended by adding at
the end thereof a new Article 7 to read as follows:
"ARTICLE 7
3-4-160. (a) (1) Except as provided in subsection (c)
of this Code section, any municipality which lies wholly
GEORGIA LAWS 1986 SESSION
1085
or partially within a county which has approved in a
county-wide referendum the manufacture, sale, or distri-
bution of distilled spirits as provided in Article 3 of this
chapter may, by ordinance or resolution and without the
necessity of conducting a separate referendum, authorize
the manufacture, sale, or distribution of distilled spirits
and may exercise the powers contained in this title relat-
ing to the manufacture, sale, or distribution of distilled
spirits.
(2) In any municipality in which the manufacture,
sale, or distribution of distilled spirits is authorized as
provided in this Code section, such manufacture, sale,
or distribution may, by ordinance or resolution adopted
by the governing authority of the municipality, be prohib-
ited.
(b) (1) Except as provided in subsection (c) of this Code
section, any municipality which lies wholly or partially
within a county which has approved in a county-wide
referendum the sale of distilled spirits by the drink for
consumption only on the premises as provided in Part
1 of Article 5 of this chapter may, by ordinance or resolu-
tion and without the necessity of conducting a separate
referendum, authorize the sale of distilled spirits by the
drink for consumption only on the premises and may
exercise the powers contained in this title relating to
the sale of distilled spirits by the drink for consumption
only on the premises.
(2) In any municipality in which the sale of distilled
spirits by the drink for consumption only on the premises
is authorized as provided in this Code section, such sales
may, by ordinance or resolution adopted by the governing
authority of the municipality, be prohibited.
(c) A municipality shall not be authorized to approve
the manufacture, sale, or distribution of distilled spirits as
provided in subsection (a) of this Code section or the sale
of distilled spirits by the drink for consumption only on the
premises as provided in subsection (b) of this Code section
unless a majority of the electors voting in the county-wide
referendum election who reside in the municipality voted
1086
GENERAL ACTS AND RESOLUTIONS, VOL. I
in favor of approving the manufacture, sale, or distribution
of distilled spirits or in favor of approving the sale of distilled
spirits by the drink for consumption only on the premises.
(d) This Code section shall apply only to municipalities
where the county-wide referendum is held on or after the
effective date of this Code section.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed. '
Approved April 7, 1986.
GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985
CERTIFIED COTTON GROWERS ORGANIZATION;
BORROWING; LIENS; EXECUTIONS.
Code Sections 2-7-155 and 2-7-156 Amended.
No. 1549 (House Bill No. 1682).
AN ACT
To amend Article 5 of Chapter 7 of Title 2 of the Official
Code of Georgia Annotated, known as the "Georgia Boll Weevil
Eradication Act of 1985, so as to authorize the certified cotton
growers organization to borrow money or incur indebtedness
for certain purposes; to provide for repayment of such funds;
to provide that such borrowed money shall not constitute a debt
of the State of Georgia or any department, agency, political
subdivision, official, or employee thereof; to provide for liens
for the payment of assessments; to provide for the issuance,
levy, and collection of executions; to provide for returns; to pro-
GEORGIA LAWS 1986 SESSION
1087
vide for practices and procedures; 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 2 of the Official
Code of Georgia Annotated, known as the "Georgia Boll Weevil
Eradication Act of 1985, is amended by adding at the end of
subsection (c) of Code Section 2-7-155, relating to certification
and powers of the cotton growers organization, a new paragraph
(4) to read as follows:
"(4) The certified cotton growers organization is au-
thorized to borrow money or otherwise incur indebtedness
and to expend the moneys so acquired for the purpose of
destroying and eradicating the boll weevil in Georgia. Any
indebtedness created pursuant to this paragraph shall be
repaid from the assessments on cotton growers provided for
in Code Section 2-7-156 or from other funds available to
the certified cotton growers organization and shall not con-
stitute a debt of the State of Georgia or any department,
agency, political subdivision, official, or employee thereof.
Funds borrowed under this paragraph may be expended by
the certified cotton growers organization for the purpose
of reducing the annual assessment or increasing the number
of years over which cotton growers are required to pay assess-
ments under this article.
Section 2. Said article is further amended by striking Code
Section 2-7-156, relating to the referendum on assessment for
suppression and eradication programs, and inserting in lieu
thereof a new Code Section 2-7-156 to read as follows:
"2-7-156. Upon the request of the certified cotton grow-
ers organization, the Commissioner shall conduct a referen-
dum among all cotton growers any time 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;
1088 GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Com-
missioner, upon recommendation by the board of direc-
tors of the cotton growers organization;
(4) Passage of such referendum shall require a two-
thirds majority of those growers voting and at least 50
percent of the Agricultural Stabilization and Conserva-
tion 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 eradi-
cation program be discontinued or certification of the
growers organization be revoked by the Commissioner,
any funds remaining in its hands at such time are autho-
rized 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;
(6) Records maintained by the Commissioner on be-
half of the certified cotton growers organization shall
be audited at least annually by the state auditor; and
GEORGIA LAWS 1986 SESSION
1089
(7) The Commissioner shall have a lien for the pay-
ment of assessments under this article which shall be
of equal dignity with liens for taxes in favor of the state.
The Commissioner is authorized to issue executions for
the collection of such assessments in like manner as exe-
cutions are issued for ad valorem property taxes due the
state. It shall be the duty of each and every sheriff of
this state and their lawful deputies, upon request of the
Commissioner, to levy and collect such executions and
to make their return thereof to the Commissioner in like
manner as such tax executions are levied and return
thereof made to county tax collectors and tax commis-
sioners.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
BEEF LABELING; ANTIBIOTICS OR GROWTH
HORMONES; "GEORGIA LEAN BEEF.
Code Section 26-2-30.1 Enacted.
No. 1550 (House Bill No. 1984).
AN ACT
To amend Article 2 of Chapter 2 of Title 26 of the Official
Code of Georgia Annotated, known as the "Georgia Food Act,
so as to provide that the Commissioner of Agriculture is autho-
rized to promulgate and adopt rules and regulations for the
labeling of beef; to provide for certification that beef has been
produced without feeding, injecting, or implanting antibiotics
or growth hormones in the animal; to provide for the certifica-
tion of beef as "Georgia lean; to repeal conflicting laws; and
for other purposes.
1090
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 26 of the Official
Code of Georgia Annotated, known as the "Georgia Food Act,
is amended by adding following Code Section 26-2-30 a new Code
Section 26-2-30.1 to read as follows:
"26-2-30.1. (a) The Commissioner of Agriculture is au-
thorized to promulgate and adopt rules and regulations for
the labeling of beef and for the purpose of certifying beef
as having been produced without feeding, injecting, or im-
planting antibiotics or growth hormones in the animal from
which such beef was produced.
(b) The Commissioner of Agriculture is authorized to
promulgate and adopt rules and regulations and to establish
standards for the labeling and certification of beef as 'Geor-
gia lean.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
VETERINARY CARE ?ga EVIDENCE; PRIVILEGED
COMMUNICATIONS; EXEMPTION OF RECORDS FROM
PUBLIC INSPECTION.
Code Section 24-9-29 Enacted.
Code Section 50-18-72 Amended.
No. 1551 (House Bill No. 1986).
AN ACT
To amend Part 1 of Article 2 of Chapter 9 of Title 24 of
the Official Code of Georgia Annotated, relating to privileged
GEORGIA LAWS 1986 SESSION
1091
communications in general, so as to provide a privilege for infor-
mation concerning veterinary care; to amend Article 4 of Chap-
ter 18 of Title 50 of the Official Code of Georgia Annotated,
relating to inspection of public records, so as to provide that
records of veterinary care shall not be open to public inspection;
to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 9 of Title 24 of
the Official Code of Georgia Annotated, relating to privileged
communications in general, is amended by adding at the end
thereof a new Code Section 24-9-29 to read as follows:
"24-9-29. No veterinarian licensed under Chapter 50 of
Title 43 shall be required to disclose any information con-
cerning the veterinarians care of an animal except on writ-
ten authorization or other waiver by the veterinarians client
or on appropriate court order or subpoena. Any veterinarian
releasing information under written authorization or other
waiver by the client or under court order or subpoena shall
not be liable to the client or any other person. The privilege
provided by this Code section shall be waived to the extent
that the veterinarians client or the owner of the animal
places the veterinarians care and treatment of the animal
or the nature and extent of injuries to the animal at issue
in any civil or criminal proceeding.
Section 2. Article 4 of Chapter 18 of Title 50 of the Official
Code of Georgia Annotated, relating to inspection of public rec-
ords, is amended by striking subsection (a) of Code Section
50-18-72, relating to records not open to public inspection, and
inserting in its place a new subsection (a) to read as follows:
"(a) This article shall not be applicable to records that
are specifically required by the federal government to be
kept confidential or to medical or veterinary records and
similar files, the disclosure of which would be an invasion
of personal privacy. All records of hospital authorities other
than the foregoing shall be subject to this article. All state
officers and employees shall have a privilege to refuse to
1092
GENERAL ACTS AND RESOLUTIONS, VOL. I
disclose the identity of any person who has furnished medical
or other similar information which has or will become incor-
porated into any medical or public health investigation,
study, or report of the Department of Human Resources.
The identity of such informant shall not be admissible in
evidence in any court of the state unless the court finds
that the identity of the informant already has been disclosed
otherwise.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
MENTAL HEALTH MENTALLY RETARDED PERSONS
REQUIRING TEMPORARY AND IMMEDIATE CARE;
CUSTODY; EXAMINATIONS; DISCHARGE; PROCEDURES;
PROGRAM PLANS.
Code Section 37-4-2 Amended.
Code Sections 37-4-40.1, 37-4-40.2, 37-4-40.3, 37-4-40.4,
and 37-4-40.5 Enacted.
No. 1552 (Senate Bill No. 152).
AN ACT
To amend Chapter 4 of Title 37 of the Official Code of Georgia
Annotated, relating to the habilitation of the mentally retarded,
so as to change definitions; to provide for examining, taking
into custody, transporting, and admitting to facilities certain
mentally retarded persons requiring temporary and immediate
care; to provide for reports and records; to provide for examina-
tion, treatment, care, and continued admission of certain men-
tally retarded persons in certain facilities and provide for their
discharge therefrom; to provide for notices, petitions, counsel,
GEORGIA LAWS 1986 SESSION
1093
and hearings; to provide for rights of certain persons; to provide
for evaluations and program plans; to authorize court actions
and orders as a result of certain hearings; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 4 of Title 37 of the Official Code of
Georgia Annotated, relating to the habilitation of the mentally
retarded, is amended by adding following paragraph (13) of Code
Section 37-4-2, relating to definitions, a new paragraph to read
as follows:
"(13.1) 'Mentally retarded person requiring temporary
and immediate care means a person who is mentally re-
tarded, and:
(A) Who presents a substantial risk of imminent
harm to himself or others;
(B) Who is in need of immediate care, evaluation,
stabilization, or treatment for certain developmental,
medical, or behavioral needs; and
(C) For whom there currently exists no avail-
able, appropriate community residential setting for
meeting the needs of the person.
Section 2. Said chapter is further amended by adding im-
mediately following Code Section 37-4-40 the following new Code
sections:
"37-4-40.1. (a) Any physician or applied psychologist
licensed in this state may execute a certificate stating that
such physician or psychologist has personally examined a
person within the preceding 48 hours and found that, based
upon observations set forth in the certificate, the person
appears to be a mentally retarded person requiring tempo-
rary and immediate care. The certificate shall expire seven
days after it is executed.
1094
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Upon receiving a certificate under subsection (a) of
this Code section, any responsible family member or repre-
sentative of the client named in the certificate may transport
that client to the nearest facility, as defined in Code Section
37-4-2, serving the county in which the client is found. If
such responsible family member or representative is unable
to transport the client safely to a facility or is unwilling
to transport the client to a facility, any peace officer within
72 hours after receiving that certificate shall make diligent
efforts to take into custody the client named in the certificate
and deliver the client to the nearest facility serving the
county in which the client is found. Any peace officer who
delivers a person to a facility under this Code section shall
complete a written report detailing the circumstances under
which the client was taken into custody. The report of a
peace officer and the certificate issued under subsection (a)
of this Code section shall be made a part of the clients clini-
cal record.
37-4-40.2. (a) A client taken to a facility pursuant to
Code Section 37-4-40.1 shall be received there for examina-
tion by a physician as soon thereafter as possible and may
be given such emergency care and treatment as indicated.
The client must be discharged from that facility within 48
hours, Saturdays, Sundays, and holidays excluded, after be-
ing received into the physical custody of that facility unless
the superintendent of that facility, or that superintendents
designee, admits the client to the facility and files a petition
for a full and fair hearing with the court of the county in
which the facility is located stating that the client has been
personally examined by a physician in conjunction with
other interdisciplinary staff designated by the superinten-
dent at the facility and found to be a mentally retarded
person requiring temporary and immediate care, which find-
ing shall be entered on a certificate accompanying the peti-
tion.
(b) Notice of any proposed discharge under subsection
(a) of this Code section shall be given to the client and the
clients representatives and to any physician or applied psy-
chologist who executed a certificate under Code Section 37-
4-40.1 authorizing the transportation of the client to the
facility.
GEORGIA LAWS 1986 SESSION
1095
37-4-40.3. (a) Immediately upon admission of a client
to a facility under Code Section 37-40-40.2, the facility shall
give the client written notice:
(1) Of the clients and the clients representatives
right to petition for a writ of habeas corpus or for a
protective order under Code Section 37-4-108; and
(2) That the client has a right to legal counsel and
that, if the client is unable to afford counsel, the court
will appoint counsel.
(b) A copy of the notice provided under subsection (a)
of this Code section shall be sent to the clients representa-
tives within 24 hours following the clients admission to a
facility under Code Section 37-4-40.2.
37-4-40.4. (a) Filing of a petition under paragraph (1)
of subsection (a) of Code Section 37-4-40.2 shall authorize
continued admission of the client named in the petition pend-
ing completion of a full and fair hearing under Code Section
37-4-40.5.
(b) Within five days, Saturdays, Sundays, and holidays
excluded, after a petition is filed authorizing the continued
admission of a client under subsection (a) of this Code section,
the staff of the facility in which the client is admitted and
the representatives of the appropriate community mental
retardation program operated by the county board of health
in the clients community shall:
(1) Conduct a comprehensive evaluation of the
client;
(2) Jointly develop an individualized program plan
for the client; and
(3) File a copy of the evaluation and plan with the
court petitioned for a hearing under paragraph (1) of
subsection (a) of Code Section 37-4-40.2.
37-4-40.5. (a) Within 20 days after a petition for hear-
ing is filed under paragraph (1) of subsection (a) of Code
1096
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 37-4-40.2, the court shall hold the petitioned for hear-
ing.
(b) At least seven days prior to the hearing required
under subsection (a) of this Code section, the court shall
have served on the client, the clients representatives, and
the petitioner for the hearing a notice of the date, time,
and place of the hearing, which notice to the client and
the clients representatives shall also include:
(1) A copy of the petition;
(2) A notice that the client has a right to counsel
and that the client or the clients 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 the client will have retained
counsel by the time set for hearing or waives the clients
right to counsel; and
(3) A copy of the evaluation report and the individu-
alized program plan developed under subsection (b) of
Code Section 37-4-40.4.
(c) The full and fair hearing required by this Code sec-
tion shall be held as provided in subsections (f) and (g) of
Code Section 37-4-42, and the court may take any action
therein authorized subject to the conditions and limitations
specified therein and may discharge the client from the facil-
ity to which the client was admitted.
(d) Persons shall have those rights required to be speci-
fied therefor in notices pursuant to this Code section and
Code Section 37-4-40.3.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1097
JUVENILE PROCEEDINGS DEPRIVED CHILDREN;
PETITIONS WHEN A CHILD IS NOT RELEASED AT A
DETENTION HEARING.
Code Section 15-11-21 Amended.
No. 1553 (Senate Bill No. 309).
AN ACT
To amend Code Section 15-11-21 of the Official Code of Geor-
gia Annotated, relating to release of child where detention not
warranted, so as to extend the time for making and presenting
a petition to the court in cases when the child not released at
a detention hearing is alleged to be a deprived child; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-11-21 of the Official Code of
Georgia Annotated, relating to release of child where detention
not warranted, is amended by striking subsection (e) in its en-
tirety and inserting in lieu thereof a new subsection (e) to read
as follows:
"(e) If the child is not so released, a petition under Code
Section 15-11-25 shall be made and presented to the court
within 72 hours of the detention hearing; provided, however,
that, if the child not so released is alleged to be a deprived
child, a petition under Code Section 15-11-25 shall be made
and presented to the court within five days of the detention
hearing.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
1098
GENERAL ACTS AND RESOLUTIONS, VOL. I
MENTAL HEALTH OUTPATIENT TREATMENT FOR
MENTALLY ILL PERSONS, ALCOHOLICS, DRUG
DEPENDENT INDIVIDUALS, AND DRUG ABUSERS;
PROCEDURES; STANDARDS FOR DISCHARGE;
INVOLUNTARY TREATMENT.
Code Title 37, Chapters 3 and 7 Amended.
No. 1554 (Senate Bill No. 318).
AN ACT
To amend Title 37 of the Official Code of Georgia Annotated,
relating to mental health, so as to provide for outpatient proce-
dures for determining whether outpatient or inpatient treat-
ment should be ordered for mentally ill persons, alcoholics, drug
dependent individuals, and drug abusers; to change definitions;
to change procedures in emergency receiving facilities, evaluat-
ing facilities, and treatment facilities regarding the examina-
tion, admission, treatment, and discharge of mentally ill per-
sons, alcoholics, drug dependent individuals, and drug abusers;
to provide new standards for discharge to outpatient treatment;
to provide for notices and opportunities for hearing; to provide
for procedures regarding involuntary treatment before courts
and hearing examiners and orders, powers, and duties relating
thereto; to provide for enforcement of orders for outpatient treat-
ment; to change certain terms, titles, and cross references; to
provide the duration of orders to obtain outpatient treatment
and for review, renewal, and extensions thereof; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Anno-
tated, relating to mental health, is amended by striking Code
Section 37-3-1, relating to definitions regarding treatment of
mentally ill persons, and inserting in its place a new Code section
to read as follows:
"37-3-1. As used in this chapter, the term:
(.1) 'Available outpatient treatment means outpa-
tient treatment, either public or private, available in the
GEORGIA LAWS 1986 SESSION
1099
patients community, including but not limited to super-
vision and support of the patient by family, friends, or
other responsible persons in that community. Outpatient
treatment at state expense shall be available only within
the limits of state funds specifically appropriated there-
for.
(1) 'Chief medical officer means the physician with
overall responsibility for patient treatment at any facil-
ity receiving patients under this chapter or a physician
appointed in writing as the designee of such chief medical
officer.
(2) 'Clinical record means a written record pertain-
ing to an individual patient and shall include all medical
records, progress notes, charts, admission and discharge
data, and all other information which is recorded by a
facility or other entities responsible for a patients care
and treatment under this chapter and which pertains
to the patients hospitalization and treatment. Such other
information as may be required by rules and regulations
of the board shall also be included.
(3) 'Community mental health center means an or-
ganized program for the care and treatment of the men-
tally ill operated by a county board of health or a similar
program recognized by a county board of health or the
Department of Human Resources.
(4) 'Court means:
(A) In the case of an individual who is 17 years
of age or older, the probate court of the county of
residence of the patient or the county in which such
patient is found. Notwithstanding Code Section 15-
9-13, in any case in which the judge of such court
is unable to hear a case brought under this chapter
within the time required for such hearing or is un-
available to issue the order specified in subsection
(b) of Code Section 37-3-41, such judge shall appoint
a person to serve and exercise all the jurisdiction
of the probate court in such case. Any person so ap-
pointed shall be a member of the State Bar of Georgia
1100
GENERAL ACTS AND RESOLUTIONS, VOL. I
and shall be otherwise qualified for his duties by
training and experience. Such appointment may be
made on a case-by-case basis or by making a standing
appointment of one or more persons. Any person re-
ceiving such standing appointment shall serve at the
pleasure of the judge making the appointment or his
successor in office to hear such cases if and when
necessary. The compensation of a person so appointed
shall be as agreed upon by the judge who makes the
appointment and the person appointed with the ap-
proval of the governing authority of the county for
which such person is appointed and shall be paid from
the county funds of said county. All fees collected
for the services of such appointed person shall be
paid into the general funds of the county served; or
(B) In the case of an individual who is under
the age of 17 years, the juvenile court of the county
of residence of the patient or the county in which
such patient is found.
(5) 'Emergency receiving facility means a facility
designated by the department to receive patients under
emergency conditions as provided in Part 1 of Article
3 of this chapter.
(6) 'Evaluating facility means a facility designated
by the department to receive patients for psychiatric
evaluation as provided in Part 2 of Article 3 of this chap-
ter.
(7) 'Facility means any state owned or state oper-
ated hospital, community mental health center, or other
facility utilized for the diagnosis, care, treatment, or hos-
pitalization of persons who are mentally ill; any facility
operated or utilized for such purpose by the United States
Veterans Administration or other federal agency; and
any other hospital or facility within the State of Georgia
approved for such purpose by the department.
(8) 'Full and fair hearing or 'hearing means a pro-
ceeding before a hearing examiner under Code Section
37-3-83 or Code Section 37-3-93 or before a court as de-
GEORGIA LAWS 1986 SESSION
1101
fined in paragraph (4) of this Code section. The hearing
may be held in a regular courtroom or in an informal
setting, in the discretion of the hearing examiner or the
court, but the hearing shall be recorded electronically
or by a qualified court reporter. The patient shall be
provided with effective assistance of counsel. If the pa-
tient cannot afford counsel, the court shall appoint coun-
sel for him or the hearing examiner shall have the court
appoint such counsel; provided, however, that the patient
shall have the right to refuse in writing the appointment
of counsel, in the discretion of the hearing examiner or
the court. The patient shall have the right to confront
and cross-examine witnesses and to offer evidence. The
patient shall have the right to subpoena witnesses and
to require testimony before the hearing examiner or in
court in person or by deposition from any physician upon
whose evaluation the decision of the hearing examiner
or the court may rest. The patient shall have the right
to obtain a continuance for any reasonable time for good
cause shown. The hearing examiner and the court shall
apply the rules of evidence applicable in civil cases. The
burden of proof shall be upon the party seeking treat-
ment of the patient. The standard of proof shall be by
clear and convincing evidence. At the request of the pa-
tient, the public may be excluded from the hearing. The
patient may waive his right to be present at the hearing,
in the discretion of the hearing examiner or the court.
The reason for the action of the court or hearing exam-
iner in excluding the public or permitting the hearing
to proceed in the patients absence shall be reflected in
the record.
(9) 'Individualized service plan means a proposal
developed during a patients stay in a facility and which
is specifically tailored to the individual patients treat-
ment needs. Each plan shall clearly include the following:
(A) A statement of treatment goals or objectives,
based upon and related to a proper evaluation, which
can be reasonably achieved within a designated time
interval;
(B) Treatment methods and procedures to be
used to obtain these goals, which methods and proce-

I
I

I
1102
GENERAL ACTS AND RESOLUTIONS, VOL. I

dures are related to these goals and which include
a specific prognosis for achieving these goals;
(C) Identification of the types of professional per-
sonnel who will carry out the treatment and proce-
dures, including appropriate medical or other profes-
sional involvement by a physician or other health
professional properly qualified to fulfill legal require-
ments mandated under state and federal law;
(D) Documentation of patient involvement and,
if applicable, the patients accordance with the ser-
vice plan; and
(E) A statement attesting that the chief medical
officer has made a reasonable effort to meet the plans
individualized treatment goals in the least restrictive
environment possible closest to the patients home
community.
(9.1) 'Inpatient means a person who is mentally ill
and:
(A) (i) Who presents a substantial risk of immi-
nent harm to that person or others, as manifested
by either recent overt acts or recent expressed
threats of violence which present a probability
of physical injury to that person or other persons;
or
(ii) Who is so unable to care for that persons
own physical health and safety as to create an
imminently life-endangering crisis; and
(B) Who is in need of involuntary inpatient treat-
ment.
(9.2) 'Inpatient treatment or 'hospitalization
means a program of treatment for mental illness within
a hospital facility setting.
(9.3) 'Involuntary treatment means inpatient or
outpatient treatment which a patient is required to ob-
tain pursuant to this chapter.

GEORGIA LAWS 1986 SESSION
1103
(10) 'Least restrictive alternative, 'least restrictive
environment, or 'least restrictive appropriate care and
treatment means that which is the least restrictive avail-
able alternative, environment, or care and treatment,
respectively, within the limits of state funds specifically
appropriated therefor.
(11) 'Mentally ill means having a disorder of thought
or mood which significantly impairs judgment, behavior,
capacity to recognize reality, or ability to cope with the
ordinary demands of life.
(12) 'Mentally ill person requiring involuntary treat-
ment means a person who is an inpatient or an outpa-
tient.
(12.1) 'Outpatient means a person who is mentally
ill and:
(A) Who is not an inpatient but who, based on
the persons treatment history or current mental sta-
tus, will require outpatient treatment in order to
avoid predictably and imminently becoming an inpa-
tient;
(B) Who because of the persons current mental
status, mental history, or nature of the persons men-
tal illness is unable voluntarily to seek or comply
with outpatient treatment; and
(C) Who is in need of involuntary treatment.
(12.2) 'Outpatient treatment means a program of
treatment for mental illness outside a hospital facility
setting which includes, without being limited to, medica-
tion and prescription monitoring, individual or group
therapy, day or partial programming activities, case
management services, and other services to alleviate or
treat the patients mental illness so as to maintain the
patients semi-independent functioning and to prevent
the patients becoming an inpatient.
(13) 'Patient means any mentally ill person who
seeks treatment under this chapter or any person for
whom such treatment is sought.
1104
GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) 'Private facility means any hospital facility that
is a proprietary hospital or a hospital operated by a non-
profit corporation or association approved for the pur-
poses of this chapter, as provided herein, or any hospital
facility operated by a hospital authority created pursuant
to the 'Hospital Authorities Law, Article 4 of Chapter
7 of Title 31.
(15) 'Representatives means the persons appointed
as provided in Code Section 37-3-147 to receive notice
of the proceedings for voluntary or involuntary treat-
ment.
(16) 'Superintendent means the chief administrative
officer who has overall management responsibility at any
facility receiving patients under this chapter or an indi-
vidual appointed as the designee of such superintendent.
(17) 'Treatment means care, diagnostic and thera-
peutic services, including the administration of drugs,
and any other service for the treatment of an individual.
(18) 'Treatment facility means a facility designated
by the department to receive patients for psychiatric
treatment as provided in Code Sections 37-3-80 through
37-3-84.
Section 2. Said title is further amended by striking Code
Sections 37-3-43 and 37-3-44, relating to examination of mentally
ill persons after emergency admission and notices relating
thereto, respectively, and inserting in their place the following
new Code sections to read as follows:
"37-3-43. (a) A patient who is admitted to an emer-
gency 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 dis-
charged 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
GEORGIA LAWS 1986 SESSION
1105
(2) The patient is under criminal charges, notice of
which has been given in writing to the facility, in which
case the provisions of Code Section 37-3-95 shall apply.
Nothing in this chapter shall be construed to prohibit a phy-
sician who previously executed a certificate authorized by
the provisions of this chapter from executing any other cer-
tificate provided for in this chapter for the same or any
other patient.
(b) Within 24 hours of the execution of the physicians
certificate under paragraph (1) of subsection (a) of this Code
section, the patient shall be transported, as provided in Code
Section 37-3-101, to an evaluating facility where he shall
be received pursuant to Code Section 37-3-63 unless the pa-
tient has been determined and certified to meet all of the
outpatient treatment requirements of paragraphs (1), (2),
and (3) of subsection (c) of Code Section 37-3-90, in which
event the patient shall be discharged under the conditions
provided in Code Section 37-3-91, except that if the patient
is under criminal charges, notice of which has been given
in writing to the facility, the provisions of Code Section 37-
3-95 shall apply.
(c) Notice of any proposed discharge shall be given to
the patient and his representatives; if the patient was admit-
ted to the facility under subsection (a) of Code Section 37-
3-41, to the physician who executed the certificate; if the
patient was admitted to the facility under subsection (b) of
Code Section 37-3-41, to the court which issued the order;
and, if the patient was under criminal charges, written no-
tice of which had been given to the facility, by certified mail
to the law enforcement agency originally having custody
of the patient.
37-3-44. (a) Immediately upon arrival of a patient at
an emergency receiving facility under Code Section 37-3-43,
the facility shall give the patient written notice of his right
to petition for a writ of habeas corpus or for a protective
order under Code Section 37-3-148. This written notice shall
also inform the patient that he has a right to legal counsel
and that, if the patient is unable to afford counsel, the court
will appoint counsel.
1106 GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The notice informing the patients representatives
of the patients hospitalization in an emergency receiving
facility shall include a clear notification that the representa-
tives may petition for a writ of habeas corpus or for a protec-
tive order under Code Section 37-3-148.
Section 3. Said title is further amended by striking Code
Section 37-3-64, relating to detention of mentally ill persons
in an evaluating facility, and inserting in its place a new Code
section to read as follows:
"37-3-64. (a) A patient who has been admitted to an
evaluating facility pursuant to Code Section 37-3-43, 37-3-
63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may
be detained for a period not to exceed five days, Saturdays,
Sundays, and holidays excluded. The patient shall be dis-
charged upon a finding that the patient is not a mentally
ill person requiring involuntary treatment or upon a finding
and certification that the patient meets all of the outpatient
treatment requirements of paragraphs (1), (2), and (3) of sub-
section (c) of Code Section 37-3-90, in which event a patient
meeting those outpatient treatment requirements shall be
discharged under the conditions provided in Code Section
37-3-91 but, in any event, upon the expiration of the five-
day evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary pa-
tient under Code Section 37-3-20; or
(B) The patient is admitted for involuntary inpa-
tient treatment under Code Section 37-3-81; or
(2) The patient is under criminal charges, notice of
which has been given in writing to the facility, in which
case the provisions of Code Section 37-3-95 shall apply.
(b) If hospitalization appears desirable, the staff physi-
cians of the evaluating facility shall encourage the patient
to apply for voluntary hospitalization unless the attending
physician finds that the patient is unable to understand the
nature of voluntary hospitalization, that voluntary hospital-
GEORGIA LAWS 1986 SESSION
1107
ization would be harmful to the patient, or that the patient
is determined to be a mentally ill person in need of involun-
tary treatment, which finding shall be entered in the pa-
tients record.
(c) If, after evaluation of the patient, it is determined
by the chief medical officer that proceedings for involuntary
treatment of the patient should be initiated pursuant to Code
Section 37-3-81 or pursuant to Part 4 of this article, the
chief medical officer shall direct that an individualized ser-
vice plan be developed for that patient during the five-day
period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient
and his representatives; to the person who filed the petition;
if the patient was admitted to the evaluating facility from
an emergency receiving facility under Code Section 37-3-43,
to the physician who executed the certificate or to the court
which issued the order pursuant to Code Section 37-3-41;
if the patient was under criminal charges of which the facil-
ity received written notification, by certified mail to the law
enforcement agency originally having custody of the patient;
and, if the patient was admitted to the evaluating facility
under Code Section 37-3-62, to the court that ordered the
evaluation.
Section 4. Said title is further amended by striking Part
3 of Chapter 3 thereof, relating to treatment facilities for men-
tally ill persons, and inserting in its place a new Part 3 to read
as follows:
"Part 3
37-3-80. Any state owned or state operated facility may
be designated by the department as a treatment facility.
The department shall maintain a treatment facility at each
regional hospital which shall accept patients found in any
county in the service region of the hospital. Any other facility
within the State of Georgia may be so designated by the
department at the request of or with the consent of the gov-
erning officers of the facility.
37-3-81. (a) The patient may be detained at a facility
beyond the evaluation period unless voluntary hospitaliza-
1108 GENERAL ACTS AND RESOLUTIONS, VOL. I
tion is sought under subparagraph (a)(1)(A) of Code Section
37-3-64 only upon the recommendation of the chief medical
officer of an evaluating facility where the patient has been
examined under Part 2 of this article, which recommenda-
tion is supported by the opinions of two physicians who have
personally examined the patient within the preceding five
days and who agree that the patient is a mentally ill person
requiring involuntary treatment but who does not meet the
outpatient treatment requirements of paragraphs (1), (2),
and (3) of subsection (c) of Code Section 37-3-90. Such recom-
mendation of the chief medical officer and the opinions of
the physicians shall be entered on a certificate. The certifi-
cate shall be filed along with a petition for a hearing in
the court of the county in which the patient is being detained
for evaluation. Nothing in this chapter shall be construed
to prohibit a physician or a chief medical officer who has
previously executed any other certificate authorized by the
provisions of this chapter from executing a certificate pro-
vided for in this Code section for the same or any other
patient. The certificate and petition shall be filed within
five days, Saturdays, Sundays, and holidays excluded, after
the patient is admitted to a facility for evaluation under
Code Section 37-3-63. Such filing shall authorize detention
of the patient by the facility pending completion of a full
and fair hearing under this Code section. Copies of the certifi-
cate shall be served on the patient and his representatives
within five days after the certificate is filed and shall be
accompanied by:
(1) A notice that a hearing will be held and the time
and place thereof;
(2) A notice that the patient has a right to counsel,
that the patient or his representatives may apply imme-
diately to the court to have counsel appointed if the pa-
tient cannot afford counsel, and that in such case the
court will appoint counsel for the patient unless the pa-
tient indicates in writing that he does not desire to be
represented by counsel;
(3) A copy of the individualized service plan devel-
oped by the facility under this chapter shall be sent to
the patient and shall be sent to the patients representa-
GEORGIA LAWS 1986 SESSION
1109
tive if requested by such representative. Notice of the
right to receive such plan shall be given to the representa-
tives at the time the service plan is sent to the patient;
(4) A notice that the patient has a right to be exam-
ined by a physician of his own choice at his own expense
and to have that physician submit a suggested service
plan for the patient which conforms with the require-
ments of paragraph (9) of Code Section 37-3-1; and
(5) A notice that the patient may waive in writing
the hearing described in subsection (c) of this Code sec-
tion.
(b) If the hearing is waived, the certificate shall serve
as authorization for the patient to begin treatment under
the terms of the individualized service plan; and the chief
medical officer of the facility where the patient is located
shall be responsible for the supervision of the service plan.
(c) In any case in which a patient is retained in an
evaluating facility pursuant to a petition filed under subsec-
tion (a) of this Code section, the court shall hold a full and
fair hearing as provided in Code Section 37-3-81.1 unless
the hearing is waived in writing by the patient. The hearing
shall be held no sooner than seven days and no later than
12 days after the petition is filed with the court.
37-3-81.1. (a) At those hearings required under subsec-
tion (c) of Code Section 37-3-81 and subsection (a) of Code
Section 37-3-92, the court shall determine whether the pa-
tient is a mentally ill person requiring involuntary treat-
ment and, if so, whether the patient is an inpatient or outpa-
tient and, unless otherwise provided in this subsection, the
type of involuntary treatment the patient should be ordered
to obtain. At such hearing, if the court determines:
(1) That the patient is not a mentally ill person re-
quiring involuntary treatment, the court shall order that
the patient be immediately discharged;
(2) That the patient is an outpatient, the court shall
further determine, based upon either the individualized
1110 GENERAL ACTS AND RESOLUTIONS, VOL. I
service plan required to be prepared under subsection
(c) of Code Section 37-3-64 or subsection (b) of Code Sec-
tion 37-3-91 or the individualized service plan proposed
by the physician chosen by the patient, whether there
is available outpatient treatment for the patient which
meets the requirements of the plan chosen by the court
and whether the patient will likely obtain that treatment
so as to minimize the likelihood of the patients becoming
an inpatient. If the court determines that there is such
available outpatient treatment which the patient will
likely obtain so as to minimize the likelihood of the pa-
tients becoming an inpatient, then the court shall order
the patient to obtain that treatment and shall discharge
the patient subject to such order;
(3) That the patient is an outpatient who does not
meet the requirements for discharge under paragraph
(2) of this subsection and:
(A) The hearing under this subsection was re-
quired by subsection (c) of Code Section 37-3-81, the
court shall order that the patient be discharged; or
(B) The hearing under this subsection is required
by subsection (a) of Code Section 37-3-92, the court
shall order that the patient be admitted to an evaluat-
ing facility, and this chapter shall thereafter apply
to that patient as though the patient had been admit-
ted to that facility pursuant to Code Section 37-3-62;
or
(4) That the patient is an inpatient, the court shall
order that the patient shall be transported to a treatment
facility where the patient shall be admitted for care and
treatment, which order may also require that a period
of such inpatient treatment be followed by available out-
patient treatment if there is such outpatient treatment
which will meet the requirements of the patients individ-
ualized service plan and the patient will likely obtain
the treatment so as to minimize the likelihood of the
patients becoming an inpatient.
(b) If the court at a hearing under subsection (a) of this
Code section concludes that the patient is a mentally ill
GEORGIA LAWS 1986 SESSION
1111
person requiring involuntary treatment, it shall make find-
ings of fact and conclusions of law in support of that conclu-
sion as part of its final order.
(c) The court may order the hospitalization of any pa-
tient pursuant to paragraph (4) of subsection (a) of 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 hospitalization under Code Section 37-3-83.
(d) The court may order the patient to obtain available
outpatient treatment under the additional conditions speci-
fied in Code Section 37-3-93 and 37-3-94.
37-3-82. (a) If at any time during a period of involun-
tary outpatient treatment, including but not limited to in-
terim outpatient treatment arranged pursuant to subsection
(b) of Code Section 37-3-91:
(1) The patient fails without good cause to comply
with the outpatient service plan;
(2) The physician in charge of the patients outpa-
tient treatment determines that, because of a change
in the patients condition, the least restrictive alternative
which would accomplish the patients treatment goals
is hospitalization of the patient; or
(3) The conditions described in both paragraphs (1)
and (2) of this subsection exist with regard to the patient,
the physician in charge of the patients outpatient treatment
may execute a certificate under the conditions specified
therefor in subsection (a) of Code Section 37-3-41. In addition
to any other requirements, that certificate shall specify those
conditions under paragraphs (1), (2), and (3) of this subsection
upon which issuance of the certificate is based. That certifi-
cate shall have the same duration and effect as a certificate
issued pursuant to subsection (a) of Code Section 37-3-41.
(b) With regard to a patient whom the court knows to
be required to obtain involuntary outpatient treatment, the
1112 GENERAL ACTS AND RESOLUTIONS, VOL. I
court may issue any order authorized under subsection (b)
of Code Section 37-3-41 only upon the courts determination,
in addition to any other requirement for that order, that
such patient has not complied with the involuntary outpa-
tient treatment or that the patient reasonably appears to
be an inpatient.
37-3-83. (a) If it is necessary to continue involuntary
treatment of a hospitalized patient beyond the end of the
period during which the treatment facility is currently au-
thorized under this chapter to retain the patient, the chief
medical officer prior to the expiration of the period shall
seek an order authorizing such continued treatment in the
manner provided in this Code section. The chief medical
officer may seek such an order authorizing continued invol-
untary treatment involving inpatient treatment, outpatient
treatment, or both under the procedures of this Code section
and Code Section 37-3-93.
(b) If the chief medical officer finds that continued invol-
untary treatment is necessary (1) for an individual who was
admitted while serving a criminal sentence but whose sen-
tence is about to expire or (2) for an individual who was
hospitalized while under the jurisdiction of a juvenile court
but who is about to reach the age of 17, the chief medical
officer shall seek an order authorizing such continued treat-
ment in the manner provided in this Code section; and this
chapter shall apply fully to such a patient after that time.
(c) A Committee for Continued Involuntary Treatment
Review shall be established by the chief medical officer of
each hospital and shall consist of not less than three physi-
cians and not less than two other persons of a professional
status. The committee may conduct its meetings with a quo-
rum of any three members. The function of this committee
shall be to review and evaluate the updated individualized
service plan of each patient of the hospital and to report
to the chief medical officer its recommendations concerning
the patients need for continued involuntary treatment. No
person who has responsibility for the care and treatment
of the individual patient for whom continued involuntary
treatment is requested shall serve on any committee which
reviews such individuals case.
GEORGIA LAWS 1986 SESSION
1113
(d) If the chief medical officer desires to seek an order
under this Code section authorizing continued involuntary
treatment for up to 12 months beyond the expiration of the
currently authorized period of hospitalization, he shall first
file a notice of such intended action with the Committee
for Continued Involuntary Treatment Review, which notice
shall be forwarded to the committee at least 60 days prior
to the expiration of that period.
(e) Within ten days of the date of the notice, the commit-
tee shall meet to consider the matter of the chief medical
officers intention to seek an order for continued involuntary
treatment. Prior to the committees meeting, the patient
and his representatives shall be notified of the following:
the purpose of such meeting, the time and place of such
meeting, their right to be present at such meeting, and their
right to present any alternative individualized service plan
secured at their expense. In those cases in which the patient
will not or cannot appear, at least one member of the commit-
tee will make all reasonable efforts to interview the patient
and report to the committee. The attending physician shall
present an updated individualized service plan for the pa-
tient to the committee. The committee shall report to the
chief medical officer or his designee, other than the attending
physician or a member of the committee, its written recom-
mendations along with any minority recommendations
which may also be submitted. Such report will specify
whether or not the patient is a mentally ill person requiring
involuntary treatment and whether continued hospitaliza-
tion is the least restrictive alternative available.
(f) If, after considering the committees recommenda-
tions and minority recommendations, if any, the chief medi-
cal officer or his designee, other than the attending physician
or a member of the committee, determines that the patient
is not a mentally ill person requiring involuntary treatment,
the patient shall be immediately discharged from involun-
tary hospitalization pursuant to subsection (b) of Code Sec-
tion 37-3-85.
(g) If, after considering the committees recommenda-
tions and minority recommendations, if any, the chief medi-
cal officer or his designee, other than the attending physician




1114 GENERAL ACTS AND RESOLUTIONS, VOL. I
or member of the committee, determines that the patient
is a mentally ill person requiring involuntary treatment,
he shall, within ten days after receiving the committees
recommendations, serve a petition for an order authorizing
continued involuntary treatment along with copies of the
updated individualized service plan and the committees re-
port on the designated office within the department and shall
also serve such petition along with a copy of the updated
individualized service plan on the patient. A copy of the
petition shall be served on the patients representatives. The
petition shall contain a plain and simple statement that
the patient or his representatives may file a request for a
hearing with a hearing examiner appointed pursuant to
Code Section 37-3-84 within 15 days after service of the peti-
tion, that the patient has a right to counsel at the hearing,
that the patient or his representatives may apply immedi-
ately to the court to have counsel appointed if the patient
cannot afford counsel, and that the court will appoint counsel
for the patient unless the patient indicates in writing that
he does not desire to be represented by counsel or has made
his own arrangements for counsel.
(h) If a hearing is not requested by the patient or the
representatives within 15 days of service of the petition on
the patient and his representatives, the hearing examiner
shall make an independent review of the committees report,
the updated individualized service plan, and the petition.
If he concludes that continued involuntary treatment may
not be necessary or if he finds any member of the committee
so concluded, then he shall order that a hearing be held
pursuant to subsection (i) of this Code section. If he concludes
that continued involuntary treatment is necessary, then he
shall order continued involuntary treatment involving inpa-
tient treatment, outpatient treatment, or both for a period
not to exceed one year.
(i) If a hearing is requested within 15 days of service
of the petition on the patient and his representatives or if
the hearing examiner orders a hearing pursuant to subsec-
tion (h) or (j) 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 re-
quest but in any event no later than the day on which the
GEORGIA LAWS 1986 SESSION
1115
current order of involuntary inpatient treatment expires.
Notice of the hearing shall be served on the patient, his
representatives, the facility, and, when appropriate, on coun-
sel for the patient. The hearing examiner, within his discre-
tion, 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 patients attorney, when the patient
is unable to attend the hearing and is incapable of consenting
to a waiver of his appearance, may move that the patient
not be required to appear; however, the record shall reflect
the reasons for the hearing examiners actions. After such
hearing, the hearing examiner may issue any order which
the court is authorized to issue under Code Section 37-3-
81.1 and subject to the limitations of that Code Section 37-
3-81.1, provided that a patient who is an outpatient who
does not meet the requirements for discharge under para-
graph (2) of subsection (a) of Code Section 37-3-81.1 shall
nevertheless be discharged and provided that the hearing
examiner may order the patients continued inpatient treat-
ment, outpatient treatment, or both for a period not to exceed
one year, subject to the power to discharge the patient under
subsection (b) of Code Section 37-3-85 or under Code Section
37-3-94. In the event that an order approving continued hos-
pitalization is entered for an individual who was admitted
while serving a criminal sentence under the jurisdiction of
the Department of Corrections, but whose sentence is about
to expire, the chief medical officer shall serve a copy of that
order upon the Department of Corrections within five work-
ing days of the issuance of the order.
(j) The hearing examiner for a patient who was admit-
ted under the jurisdiction of the juvenile court and who
reaches the age of 17 without having had a full and fair
hearing pursuant to any provisions of this chapter or without
having waived such hearing shall order that a hearing be
held pursuant to subsection (i) of this Code section.
37-3-84. (a) One or more hearing examiners shall be
appointed by the Justices of the Supreme Court to hold the
hearings under Code Section 37-3-83. Such hearing examin-
ers shall be members of the State Bar of Georgia and shall
be compensated by the department.
(b) The hearing examiners shall have the authority to:
1116 GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas;
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by deposition;
(6) Reprimand or exclude from the hearing any per-
son for any indecorous or improper conduct committed
in the presence of the hearing examiner; and
(7) Make all appropriate orders authorized by this
chapter.
(c) If a subpoena issued by the hearing examiner is dis-
obeyed, the hearing examiner may apply to the superior
court of the county in which the hearing is held for an order
requiring obedience. Failure to comply with such order shall
be cause for punishment as for contempt of court.
(d) In the event a patient desires counsel in a hearing
before the hearing examiner but cannot afford such counsel,
the hearing examiner shall apply to the court of the county
in which the hearing is held and that court shall appoint
counsel for the patient. Payment for such representation
shall be made by the county of the patients legal residence.
37-3-85. (a) Each individualized service plan for a pa-
tient receiving involuntary inpatient treatment shall be re-
viewed at regular intervals to determine the patients prog-
ress toward the stated goals and objectives of the plan and
to determine whether the plan should be modified because
of the patients present condition. These reviews should be
based upon relevant progress notes in the patients clinical
record and upon other related information; and input from
the patient should be obtained and utilized where feasible.
Ob) Any time a patient receiving involuntary inpatient
treatment is found by the chief medical officer no longer
to be a mentally ill person requiring involuntary inpatient
treatment, the chief medical officer may:
GEORGIA LAWS 1986 SESSION
1117
(1) Discharge the patient from involuntary outpa-
tient or inpatient treatment, or both, subject to the condi-
tions of Code Section 37-3-95;
(2) Discharge the patient from involuntary inpa-
tient treatment and require that the patient obtain avail-
able outpatient treatment for the remaining period the
patient was to have been required to obtain inpatient
treatment, as long as the patient then meets the stan-
dards for being discharged to outpatient treatment under
paragraph (2) of subsection (a) of Code Section 37-3-81.1
and subject to the conditions of Code Section 37-3-95;
or
(3) Transfer the patient to voluntary status at the
patients request, as provided in Code Section 37-3-24.
(c) Notice of the discharge or the transfer of status shall
be given to the patient and his representatives; if the pa-
tients hospitalization was authorized by order of a court,
to the court which entered such order; and, if the patient
was under criminal charges of which the facility received
written notification, by certified mail to the law enforcement
agency originally having custody of the patient.
Section 5. Said title is further amended by adding immedi-
ately following said Part 3 of Chapter 3 thereof a new Part 4
to read as follows:
"Part 4
37-3-90. (a) When a physician at a facility or on behalf
of a facility determines and certifies under this article that
there is reason to believe a patient admitted to or examined
at the facility is a mentally ill person requiring involuntary
treatment, that physician shall further determine and cer-
tify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and
(2) If an outpatient, whether:
(A) There is available outpatient treatment; and
raraHnMHBHHBi
W
i '
1118 GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) The patient will likely comply with the out-
patient treatment so as to minimize the likelihood
of the patients becoming an inpatient.
(b) Unless otherwise specifically provided, the determi-
nation and certification as to paragraphs (1) and (2) of subsec-
tion (a) of this Code section shall be made within the time
period required for determining whether a patient is a men-
tally ill person requiring involuntary treatment, except that
if such determination is made by a physician at or on behalf
of a community mental health center, the determination
and certification shall be made within four hours after the
patient is examined by the physician.
(c) A person determined and certified to be:
(1) An outpatient;
(2) A person for whom there is available outpatient
treatment; and
(3) Likely to comply with the outpatient treatment
so as to minimize the likelihood of the patients becoming
an inpatient
shall be considered to be in need of involuntary outpatient
treatment and not involuntary inpatient treatment for pur-
poses of further proceedings under this article until such
time as that persons status is determined to be otherwise
pursuant to those proceedings.
(d) A person determined and certified to be a mentally
ill person requiring involuntary treatment who does not
meet all of the requirements of paragraphs (1), (2), and (3)
of subsection (c) of this Code section shall be considered to
be in need of involuntary inpatient treatment and not invol-
untary outpatient treatment for purposes of further proceed-
ings under this article until such time as that persons status
is determined to be otherwise pursuant to those proceedings.
37-3-91. (a) A person who is in the physical custody
of a facility and who is determined by a physician, at or
on behalf of that facility, to meet all of the outpatient treat-
GEORGIA LAWS 1986 SESSION
1119
ment requirements of paragraphs (1), (2), and (3) of subsec-
tion (c) of Code Section 37-3-90 shall be discharged from that
facility as provided in this Code section pending a full and
fair hearing or waiver thereof under Code Section 37-3-92.
That discharge from a community mental health center shall
occur within four hours after the patient is examined by a
physician at or on behalf of that center. That discharge from
an emergency receiving facility shall occur within 48 hours
after the patients admission thereto. That discharge from
an evaluating or treatment facility shall occur no later than
the expiration of the time period established under Code
Section 37-3-64 for the discharge of a patient determined
not to be a mentally ill person requiring involuntary treat-
ment.
(b) Prior to discharging the patient under subsection
(a) of this Code section, but within the time period the facility
is authorized to retain the patient, the facility at which or
on behalf of which the patient was examined, which facility
shall be the 'referring facility for purposes of this part, shall
prepare an individualized service plan for the patient. This
plan shall be prepared in consultation with the facility at
which available outpatient treatment is to be provided the
patient, which facility shall be the 'receiving facility for
purposes of this part. The referring facility shall also make
arrangements with the receiving facility to provide interim
outpatient treatment, in accordance with the individualized
service plan, to the patient pending the full and fair hearing
or waiver thereof. Nothing in this Code section shall prevent
a referring facility for a patient from also being the receiving
facility for that patient.
(c) A patient for whom interim outpatient treatment
is arranged pursuant to subsection (b) of this Code section
shall obtain that treatment or be subject to the provisions
of Code Section 37-3-82. Written notice of the time, date,
place, and address for that interim outpatient treatment
shall be provided the patient prior to the patients discharge,
along with written notification that if the patient does not
comply with the interim outpatient treatment or attend or
waive a hearing, the time and date of which hearing will
later be provided the patient, the patient may be involun-
tarily admitted for examination, treatment, or both. Notice
1120 GENERAL ACTS AND RESOLUTIONS, VOL. I
of the discharge shall be provided to persons other than the
patient in the same manner and under the same conditions
as required by subsection (c) of Code Section 37-3-43 and
subsection (d) of Code Section 37-3-64, and that notice shall
also include a notice regarding the interim outpatient treat-
ment and the consequences if the patient does not obtain
the treatment or attend or waive the hearing.
(d) Within three days after a referring facility has dis-
charged a patient pursuant to subsection (a) of this Code
section, that facility shall transmit to the receiving facility
a copy of the referring facilitys examination report, individ-
ualized service plan, and such other necessary clinical infor-
mation the referring facility may have regarding the patient.
Within five days after receiving such report, plan, and infor-
mation, the receiving facility shall petition the court of the
county in which the patient is located for a full and fair
hearing pursuant to Code Section 37-3-92 and include with
the petition a copy of the examination report, the individual-
ized service plan, and the address to which the patient was
discharged by the referring facility.
37-3-92. (a) Except when a hearing is waived as pro-
vided in this subsection, within 30 days after the filing of
the petition under subsection (d) of Code Section 37-3-91,
the court shall hold a full and fair hearing. At least ten
days prior to that hearing, the court shall have served on
the patient and the patients representatives the same no-
tices and information required by paragraphs (1) through
(4) of subsection (a) of Code Section 37-3-81, as well as a
notice that the patient may waive in writing the hearing
but if the patient does not either attend or waive the hearing
the court may order the patient to be taken into custody,
hospitalized, evaluated, and treated. The patient and repre-
sentatives shall have the rights specified in those notices.
Hearings held pursuant to this subsection shall be held as
provided in Code Section 37-3-81.1, and the court holding
the hearing may issue any order authorized by and subject
to the limitations of that Code Section 37-3-81.1.
ft>) If the patient is notified of the hearing as required
under subsection (a) of this Code section and does not appear
at or waive that hearing, absent a showing of good cause
GEORGIA LAWS 1986 SESSION
1121
for not appearing, the court may issue an order commanding
any peace officer to take such person into custody and deliver
that person to an emergency receiving facility or the refer-
ring facility if there is a physician available there and this
chapter shall thereafter apply to that patient as though the
patient had been admitted to that facility pursuant to subsec-
tion (b) of Code Section 37-3-41.
(c) If the hearing is waived as provided in subsection
(a) of this Code section, that hearing shall not be held but
the court shall order the patient to obtain available outpa-
tient treatment under the individualized service plan sub-
mitted with the petition for hearing.
37-3-93. (a) Pursuant to Code Section 37-3-81.1 or Code
Section 37-3-92, the court may order the patient to obtain
available outpatient treatment for any period not to exceed
one year, but the total period of involuntary treatment re-
quired by such order, including inpatient treatment within
the limitations of Code Section 37-3-81.1, shall not exceed
one year.
(b) If it is necessary to continue available outpatient
treatment beyond the period authorized pursuant to subsec-
tion (a) of this Code section, at least 60 days prior to the
expiration of that period the physician responsible for that
treatment, or the person responsible for the patients treat-
ment under the direction and with approval of the physician
shall:
(1) Update the patients individualized service plan;
(2) Prepare a report containing evidence that the
patient meets all the requirements for available outpa-
tient treatment under paragraphs (1), (2), and (3) of sub-
section (c) of Code Section 37-3-90; and
(3) Petition the hearing examiners appointed to hold
hearings under Code Section 37-3-83 for an order requir-
ing the patient to obtain available outpatient treatment
beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that
the patient or the patients representatives may file a request
1122 GENERAL ACTS AND RESOLUTIONS, VOL. I
for a hearing with a hearing examiner appointed to hold
hearings pursuant to Code Section 37-3-83 within 15 days
after service of the petition, that the patient has a right
to counsel at the hearing, that the patient or the patients
representatives may apply immediately to the court to have
counsel appointed if the patient cannot afford counsel, and
that the court will appoint counsel for the patient unless
the patient indicates in writing that the patient does not
desire to be represented by counsel or has made the patients
own arrangements for counsel.
(c) If a hearing is not requested by the patient or the
representatives within 15 days of service of the petition on
the patient and the patients representatives, the hearing
examiner shall make an independent review of the report,
the updated individualized service plan, and the petition.
If the hearing examiner concludes from that review that
the patient is no longer a mentally ill person requiring invol-
untary treatment, then that hearing examiner shall order
that a hearing be held pursuant to subsection (d) of this
Code section. If the hearing examiner concludes that the
patient meets all the requirements for available outpatient
treatment under paragraphs (1), (2), and (3) of subsection
(c) of Code Section 37-3-90, then the hearing examiner shall
order continued outpatient treatment for a period not to
exceed one year.
(d) If the hearing examiner orders a hearing pursuant
to subsection (c) or (e) of this Code section or if a hearing
is requested within 15 days of service of the petition on the
patient and the patients representatives, the hearing exam-
iner 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 of involuntary outpatient treatment ex-
pires. Notice of the hearing shall be served on the patient,
the patients representatives, the facility providing outpa-
tient treatment for the patient, and, when appropriate, on
counsel for the patient. The hearing examiner, within that
persons discretion, may grant a change of venue for the
convenience of parties or witnesses. Such hearing shall be
a full and fair hearing. After such hearing, the hearing exam-
iner may issue any order which the court is authorized to
GEORGIA LAWS 1986 SESSION
1123
issue under paragraphs (1), (2), and (3) of subsection (a) of
Code Section 37-3-81.1 and subject to the limitations of that
Code section. If the patient does not appear at the hearing,
absent a showing of good cause, the hearing examiner may
issue any order the court is authorized to issue under subsec-
tion (b) of Code Section 37-3-92.
(e) The hearing examiner for a patient who is ordered
to obtain available outpatient treatment, who is under the
jurisdiction of the juvenile court, and who reaches the age
of 17 without having had a full and fair hearing pursuant
to any provisions of this article or without having waived
such hearing shall order that a hearing be held pursuant
to subsection (d) of this Code section.
37-3-94. (a) Each individualized service plan for avail-
able outpatient treatment shall be reviewed at regular inter-
vals to determine the patients progress toward the stated
goals and objectives of the plan and to determine whether
the plan should be modified because of the patients present
condition. These reviews should be based upon relevant prog-
ress notes in the patients clinical record and upon other
related information; and input from the patient should be
obtained and utilized where feasible.
(b) Any time a patient is found by the physician in
charge of the patients outpatient treatment no longer to
be a mentally ill person requiring involuntary treatment,
that physician shall discharge the patient from further com-
pliance with the treatment.
(c) Notice of the discharge under subsection (b) of this
Code section shall be given to the patient and his representa-
tives; to the court which originally ordered such involuntary
treatment; and, if the patient was under criminal charges
of which the facility received written notification, by certified
mail to the law enforcement agency originally having cus-
tody of the patient.
37-3-95. Notwithstanding any other provisions of any
part of this article, a patient under criminal charges, notice
of which has been given in writing to the facility, may only
be discharged from the physical custody of a facility if the
1124
GENERAL ACTS AND RESOLUTIONS, VOL. I
facility, by certified mail, provides written notification of
the proposed discharge to the law enforcement agency origi-
nally having custody of the patient and the patient is dis-
charged into the physical custody of a peace officer from
that agency. That agency shall be required to assume such
physical custody within five days after receipt in writing
of the notification of proposed discharge.
Section 6. Said title is further amended by striking Code
Section 37-7-1, relating to definitions regarding treatment of
alcoholics, drug dependent individuals, and drug abusers, and
inserting in its place a new Code section to read as follows:
"37-7-1. As used in this chapter, the term:
(1) 'Alcoholic means a person who habitually lacks
self-control as to the use of alcoholic beverages or who
uses alcoholic beverages to the extent that his health
is substantially impaired or endangered or his social or
economic function is substantially disrupted.
(2) 'Alcoholic beverages means alcoholic spirits, li-
quors, wines, beers, and every liquid or fluid, patented
or not, containing alcoholic spirits, wine, or beer or any
other liquid or fluid containing alcohol in any form and
producing intoxication in any form or to any degree.
(3) 'Alcoholic, drug dependent individual, or drug
abuser requiring involuntary treatment means a person
who is an inpatient or an outpatient.
(3.1) 'Available outpatient treatment means outpa-
tient treatment, either public or private, available in the
patients community, including but not limited to super-
vision and support of the patient by family, friends, or
other responsible persons in that community. Outpatient
treatment at state expense shall be available only within
the limits of state funds specifically appropriated there-
for.
(4) 'Chief medical officer means the physician with
overall responsibility for patient treatment at any facil-
ity receiving patients under this chapter or a physician
GEORGIA LAWS 1986 SESSION
1125
appointed in writing as the designee of such chief medical
officer.
(5) 'Clinical record means a written record pertain-
ing to an individual patient and shall include all medical
records, progress notes, charts, admission and discharge
data, and all other information which is recorded by a
facility which pertains to the patients hospitalization
and treatment. Such other information as may be re-
quired by rules and regulations of the board shall also
be included.
(6) 'Community mental health center means an or-
ganized program for the care and treatment of alcoholics,
drug dependent individuals, or drug abusers operated
by a county board of health or a similar such program
recognized by a county board of health or the Department
of Human Resources and shall include ambulatory day
detoxification centers, methadone treatment centers, and
drug counseling centers.
(7) 'Court means:
(A) In the case of an individual who is 17 years
of age or older, the probate court for the county of
residence of the patient or the county in which such
patient is found. Notwithstanding Code Section 15-
9-13, in any case in which the judge of the probate
court is unable to hear a case brought under this
chapter within the time required for such hearing
or is unavailable to issue the order specified in subsec-
tion (b) of Code Section 37-7-41, the judge shall ap-
point a person to serve and exercise all the jurisdic-
tion of the probate court in such case. Any person
so appointed shall be a member of the State Bar of
Georgia and be otherwise qualified for his duties by
training and experience. Such appointment may be
made on a case-by-case basis or by making a standing
appointment of one or more persons. Any person re-
ceiving such a standing appointment shall serve at
the pleasure of the judge making the appointment
or his successor in office to hear such cases if and
when necessary. The compensation of a person so ap-
1126 GENERAL ACTS AND RESOLUTIONS, VOL. I
pointed shall be as agreed upon by the judge who
makes the appointment and the person appointed and
as approved by the governing authority of the county
for which such person is appointed and shall be paid
from the county funds of the county. All fees collected
for the services of such appointed person shall be
paid into the general funds of the county served; or
(B) In the case of an individual who is under
the age of 17 years, the juvenile court of the county
of residence of the patient or the county in which
the patient is found.
(8) 'Drug dependent individual or 'drug abuser
means a person who habitually lacks self-control as to
the use of opium, heroin, morphine, or any derivative
or synthetic drug of that group, barbiturates, other seda-
tives, tranquilizers, amphetamines, lysergic acid diethyl-
amide or other hallucinogens, or any drug, dangerous
drug, narcotic drug, marijuana, or controlled substance,
as defined in Article 2 or Article 3 of Chapter 13 of Titie
16 or Chapter 3 of Title 26; or a person who uses such
drugs to the extent that his health is substantially im-
paired or endangered or his social or economic function
is substantially disrupted; provided, however, that no
person shall be deemed a drug dependent individual or
abuser solely by virtue of his taking, according to direc-
tions, any such drugs pursuant to a lawful prescription
issued by a physician in the course of professional treat-
ment for legitimate medical purposes.
(9) 'Emergency receiving facility means a facility
designated by the department to receive patients under
emergency conditions as provided in Part 1 of Article
3 of this chapter.
(10) 'Evaluating facility means a facility designated
by the department to receive patients for evaluation as
provided in Part 2 of Article 3 of this chapter.
(11) 'Facility means any state owned or state oper-
ated hospital, community mental health center, or other
facility utilized for the diagnosis, care, treatment, or hos-
GEORGIA LAWS 1986 SESSION
1127
pitalization of persons who are alcoholics, drug depen-
dent individuals, or drug abusers and any other hospital
or facility within the State of Georgia approved for such
purpose by the department.
(12) 'Full and fair hearing or 'hearing means a pro-
ceeding before a hearing examiner under Code Section
37-7-83 or Code Section 37-7-93 or before a court as de-
fined in paragraph (7) of this Code section. The hearing
may be held in a regular courtroom or in an informal
setting, in the discretion of the hearing examiner or the
court, but the hearing shall be recorded electronically
or by a qualified court reporter. The patient shall be
provided with effective assistance of counsel. If the pa-
tient cannot afford counsel, the court shall appoint coun-
sel for him or the hearing examiner shall have the court
appoint such counsel; provided, however, that the patient
shall have the right to refuse in writing the appointment
of counsel, in the discretion of the hearing examiner or
the court. The patient shall have the right to confront
and cross-examine witnesses and to offer evidence. The
patient shall have the right to subpoena witnesses and
to require testimony before the hearing examiner or in
court in person or by deposition from any physician upon
whose evaluation the decision of the hearing examiner
or the court may rest. The patient shall have the right
to obtain a continuance for any reasonable time for good
cause shown. The hearing examiner and the court shall
apply the rules of evidence applicable in civil cases. The
burden of proof shall be upon the party seeking treat-
ment of the patient. The standard of proof shall be by
clear and convincing evidence. At the request of the pa-
tient, the public may be excluded from the hearing. The
patient may waive his right to be present at the hearing,
in the discretion of the hearing examiner or the court.
The reason for the action of the court or hearing exam-
iner in excluding the public or permitting the hearing
to proceed in the patients absence shall be reflected in
the record.
(13) 'Incapacitated by alcohol and drugs means that
a person, as a result of the use of alcoholic beverages,
any drug, or any other substances listed in paragraph
1128
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) of this Code section, exhibits life-threatening levels
of intoxication, withdrawal, or imminent danger thereof,
or acute medical problems; or is under the influence of
alcoholic beverages or drugs or any other substances
listed in paragraph (8) of this Code section to the extent
that the person is incapable of caring for himself or pro-
tecting himself due to the continued consumption or use
thereof.
(14) 'Individualized treatment plan means a pro-
posal developed during a patients stay in a facility and
which is specifically tailored to the individual patients
treatment needs. Each plan shall clearly include the fol-
lowing:
(A) A statement of treatment goals or objectives
based upon and related to a proper evaluation, which
can be reasonably achieved within a designated time
interval;
(B) Treatment methods and procedures to be
used to obtain these goals, which methods and proce-
dures are related to these goals and which include
a specific prognosis for achieving these goals;
(C) Identification of the types of professional per-
sonnel who will carry out the treatment and proce-
dures, including appropriate medical or other profes-
sional involvement by a physician or other health
professional properly qualified to fulfill legal require-
ments mandated under state and federal law;
(D) Documentation of patient involvement and,
if applicable, the patients accordance with the treat-
ment plan; and
(E) A statement attesting that the chief medical
officer has made a reasonable effort to meet the plans
individualized treatment goals in the least restrictive
environment possible closest to the patients home
community.
(14.1) 'Inpatient means a person who is an alcoholic,
a drug dependent individual, or a drug abuser and:
GEORGIA LAWS 1986 SESSION
1129
(A) (i) Who presents a substantial risk of immi-
nent harm to that person or others, as manifested
by either recent overt acts or recent expressed
threats of violence which present a probability
of physical injury to that person or other persons;
or
(ii) Who is incapacitated by alcoholic bever-
ages, drugs, or any other substances listed in para-
graph (8) of this Code section on a recurring basis;
and
(B) Who is in need of involuntary inpatient treat-
ment.
(14.2) 'Inpatient treatment or 'hospitalization
means a program of treatment for alcoholics, drug depen-
dent individuals, or drug abusers within a hospital facil-
ity setting.
(14.3) 'Involuntary treatment means inpatient or
outpatient treatment which a patient is required to ob-
tain pursuant to this chapter.
(15) 'Least restrictive alternative, 'least restrictive
alternative placement, 'least restrictive environment,
or 'least restrictive appropriate care and treatment
means that which is the least restrictive available alter-
native, placement, environment, or care and treatment,
respectively, within the limits of state funds specifically
appropriated therefor.
(15.1) 'Outpatient means a person who is an alco-
holic, drug dependent individual, or drug abuser and:
(A) Who is not an inpatient but who, based on
the persons treatment history or recurrent lack of
self-control regarding the use of alcoholic beverages,
drugs, or any other substances listed in paragraph
(8) of this Code section, will require outpatient treat-
ment in order to avoid predictably and imminently
becoming an inpatient;
(B) Who because of the persons current mental
state and recurrent lack of self-control regarding the
1130
GENERAL ACTS AND RESOLUTIONS, VOL. I
use of alcoholic beverages, drugs, or any other sub-
stances listed in paragraph (8) of this Code section
or nature of the persons alcoholic behavior or drug
dependency or drug abuse is unable voluntarily to
seek or comply with outpatient treatment; and
(C) Who is in need of involuntary treatment.
(15.2) 'Outpatient treatment means a program of
treatment for alcoholics, drug dependent individuals, or
drug abusers outside a hospital facility setting which in-
cludes, without being limited to, medication and prescrip-
tion monitoring, individual or group therapy, day or par-
tial programming activities, case management services,
and other services to alleviate or treat the patients lack
of self-control regarding the use of alcoholic beverages,
drugs, or any other substances listed in paragraph (8)
of this Code section so as to maintain the patients semi-
independent functioning and to prevent the patients be-
coming an inpatient.
(16) 'Patient means any alcoholic, drug dependent
individual, or drug abuser who seeks treatment under
this chapter or any person for whom such treatment is
sought.
(17) 'Private facility means any hospital facility that
is a proprietary hospital or a hospital operated by a non-
profit corporation or association approved for the pur-
poses of this chapter and a hospital facility operated by
a hospital authority created pursuant to Article 4 of
Chapter 7 of Title 31.
(18) 'Representatives means the persons appointed
as provided in Code Section 37-7-147 to receive notice
of the proceedings for voluntary or involuntary treat-
ment.
(19) 'Superintendent means the chief administrative
officer who has overall management responsibility at any
facility receiving patients under this chapter or an indi-
vidual appointed as the designee of such superintendent.
(20) 'Treatment means the broad range of emer-
gency, outpatient, intermediate, and inpatient services
GEORGIA LAWS 1986 SESSION
1131
and care, including diagnostic evaluation, medical, psy-
chiatric, psychological, and social service care, vocational
rehabilitation, and career counseling, which may be ex-
tended to alcoholics, intoxicated persons, drug dependent
individuals, and drug abusers.
(21) 'Treatment facility means a facility designated
by the department to receive patients for treatment as
provided in Part 3 of Article 3 of this chapter.
Section 7. Said title is further amended by striking Code
Sections 37-7-43 and 37-7-44, relating to examination of alcohol-
ics, drug dependent individuals, and drug abusers after emer-
gency admission and notices relating thereto, and inserting in
their place the following new Code sections to read as follows:
"37-7-43. (a) A patient who is admitted to an emer-
gency 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 dis-
charged 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 the provisions of Code Section 37-7-95 shall apply.
Nothing in this chapter shall be construed to prohibit a phy-
sician who previously executed a certificate authorized by
the provisions of this chapter from executing any other cer-
tificate provided for in this chapter for the same or any
other patient.
(b) Within 24 hours of the execution of the physicians
certificate under paragraph (1) of subsection (a) of this Code
section, the patient shall be transported, as provided in Code
Section 37-7-101, to an evaluating facility where he shall
1132 GENERAL ACTS AND RESOLUTIONS, VOL. I
be received pursuant to Code Section 37-7-63 unless the pa-
tient has been determined and certified to meet all of the
outpatient treatment requirements of paragraphs (1), (2),
and (3) of subsection (c) of Code Section 37-7-90, in which
event the patient shall be discharged under the conditions
provided in Code Section 37-7-91, except that if the patient
is under criminal charges, notice of which has been given
in writing to the facility, the provisions of Code Section 37-
7-95 shall apply.
(c) Notice of any proposed discharge shall be given to
the patient and his representatives; if the patient was admit-
ted to the facility under subsection (a) of Code Section 37-
7-41, to the physician who executed the certificate; if the
patient was admitted to the facility under subsection (b) of
Code Section 37-7-41, to the court which issued the order;
and if the patient was under criminal charges, written notice
of which had been given to the facility, by certified mail
to the law enforcement agency originally having custody
of the patient.
37-7-44. (a) Immediately upon arrival of a patient at
an emergency receiving facility under Code Section 37-7-43,
the facility shall give the patient written notice of his right
to petition for a writ of habeas corpus or for a protective
order under Code Section 37-7-148. This written notice shall
also inform the patient that he has a right to legal counsel
and that, if the patient is unable to afford counsel, the court
will appoint counsel.
Ob) The notice informing the patients representatives
of the patients hospitalization in an emergency receiving
facility shall include a clear notification that the representa-
tives may petition for a writ of habeas corpus or for a protec-
tive order under Code Section 37-7-148.
Section 8. Said title is further amended by striking Code
Section 37-7-64, relating to detention of alcoholics, drug depen-
dent individuals, and drug abusers, and inserting in its place
a new Code section to read as follows:
"37-7-64. (a) A patient who has been admitted to an
evaluating facility pursuant to Code Section 37-7-43,37-7-
GEORGIA LAWS 1986 SESSION
1133
63, or subparagraph (a)(3)(B) of Code Section 37-7-81 may
be detained for a period not to exceed five days, Saturdays,
Sundays, and holidays excluded. The patient shall be dis-
charged upon a finding that the patient is not an alcoholic,
a drug dependent individual, or a drug abuser requiring in-
voluntary treatment or upon a finding and certification that
the patient meets all of the outpatient treatment require-
ments of paragraphs (1), (2), and (3) of subsection (c) of Code
Section 37-7-90, in which event a patient meeting those out-
patient treatment requirements shall be discharged under
the conditions provided in Code Section 37-7-91 but, in any
event, upon the expiration of the five-day evaluation period
unless:
(1) Within that period:
(A) The patient is admitted as a voluntary pa-
tient under Code Section 37-7-20; or
(B) The patient is admitted for involuntary inpa-
ctient treatment under Code Section 37-7-81; or
(2) The patient is under criminal charges, notice of
which has been given in writing to the facility, in which
case the provisions of Code Section 37-7-95 shall apply.
(b) If hospitalization appears desirable, the staff physi-
cians of the evaluating facility shall encourage the patient
to apply for voluntary hospitalization unless the attending
physician finds that the patient is unable to understand the
nature of voluntary hospitalization, that voluntary hospital-
ization would be harmful to the patient, or that the patient
is determined to be an alcoholic, a drug dependent individ-
ual, or a drug abuser in need of involuntary treatment, which
finding shall be entered in the patients record.
(c) If, after evaluation of the patient, it is determined
by the chief medical officer that proceedings for involuntary
treatment of the patient should be initiated pursuant to Code
Section 37-7-81 or pursuant to Part 4 of this article, the
chief medical officer shall direct that an individualized treat-
ment plan be developed for that patient during the five-day
period that he is detained for evaluation in the facility.
1134
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Notice of the discharge shall be given to the patient
and his representatives; to the person who filed the petition;
if the patient was admitted to the evaluating facility from
an emergency receiving facility under Code Section 37-7-43,
to the physician who executed the certificate or to the court
which issued the order pursuant to Code Section 37-7-41;
if the patient was under criminal charges of which the facil-
ity received written notification, by certified mail to the law
enforcement agency originally having custody of the patient;
and, if the patient was admitted to the evaluating facility
under Code Section 37-7-62, to the court that ordered the
evaluation.
Section 9. Said title is further amended by striking Part
3 of Article 3 of Chapter 7 thereof, relating to treatment facilities
for alcoholics, drug dependent individuals, and drug abusers,
and inserting in its place a new Part 3 to read as follows:
"Part 3
37-7-80. Any state owned or state operated facility may
be designated by the department as a treatment facility.
The department shall maintain a treatment facility at each
regional hospital which shall accept patients found in any
county in the service region of the hospital. Any other facility
within the State of Georgia may be so designated by the
department at the request of or with the consent of the gov-
erning officers of the facility.
37-7-81. (a) The patient may be detained at a facility
beyond the evaluation period unless voluntary hospitaliza-
tion is sought under subparagraph (a)(1)(A) of Code Section
37-7-64 only upon the recommendation of the chief medical
officer of an evaluating facility where the patient has been
examined under Part 2 of Article 3 of this chapter, which
recommendation is supported by the opinions of two physi-
cians who have personally examined the patient within the
preceding five days and who agree that the patient is an
alcoholic, a drug dependent individual, or a drug abuser re-
quiring involuntary treatment but who does not meet the
outpatient treatment requirements of paragraphs (1), (2),
and (3) of subsection (c) of Code Section 37-7-90. Such recom-
mendation of the chief medical officer and the opinions of
GEORGIA LAWS 1986 SESSION
1135
the physicians shall be entered on a certificate. The certifi-
cate shall be filed along with a petition for a hearing in
the court of the county in which the patient is being detained
for evaluation. Nothing in this chapter shall be construed
to prohibit a physician or a chief medical officer who has
previously executed any other certificate authorized by the
provisions of this chapter from executing a certificate pro-
vided for in this Code section for the same or any other
patient. The certificate and petition shall be filed within
five days, Saturdays, Sundays, and holidays excluded, after
the patient is admitted to a facility for evaluation under
Code Section 37-7-63. Such filing shall authorize the deten-
tion of the patient by the facility pending completion of a
full and fair hearing under this Code section. Copies of the
certificate shall be served on the patient and his representa-
tives within five days after the certificate is filed and shall
be accompanied by:
(1) A notice that a hearing will be held and the time
and place thereof;
(2) A notice that the patient has a right to counsel,
that the patient or his representatives may apply imme-
diately to the court to have counsel appointed if the pa-
tient cannot afford counsel, and that in such case the
court will appoint counsel for the patient unless the pa-
tient indicates in writing that he does not desire to be
represented by counsel;
(3) A copy of the individualized treatment plan de-
veloped by the facility under this chapter shall be sent
to the patient and shall be sent to the patients represen-
tative if requested by such representative. Notice of the
right to receive such plan shall be given to the representa-
tives at the time the treatment plan is sent to the patient;
(4) A notice that the patient has a right to be exam-
ined by a physician of his own choice at his own expense
and to have that physician submit a suggested treatment
plan for the patient which conforms with the require-
ments of paragraph (14) of Code Section 37-7-1; and
(5) A notice that the patient may waive in writing
the hearing described in subsection (c) of this Code sec-
tion.
1136 GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) If the hearing is waived, the certificate shall serve
as authorization for the patient to begin treatment under
the terms of the individualized treatment plan; and the chief
medical officer of the facility where the patient is located
shall be responsible for the supervision of the treatment
plan.
(c) In any case in which a patient is retained in an
evaluating facility pursuant to a petition filed under subsec-
tion (a) of this Code section, the court shall hold a full and
fair hearing as provided in Code Section 37-7-81.1 unless
the hearing is waived in writing by the patient. The hearing
shall be held no sooner than seven days and no later than
12 days after the petition is filed with the court.
37-7-81.1. (a) At those hearings required under subsec-
tion (c) of Code Section 37-7-81 and subsection (a) of Code
Section 37-7-92, the court shall determine whether the pa-
tient is an alcoholic, a drug dependent individual, or a drug
abuser requiring involuntary treatment and, if so, whether
the patient is an inpatient or outpatient and, unless other-
wise provided in this subsection, the type of involuntary
treatment the patient should be ordered to obtain. At such
hearing, if the court determines:
(1) That the patient is not an alcoholic, a drug depen-
dent individual, or a drug abuser requiring involuntary
treatment, the court shall order that the patient be im-
mediately discharged;
(2) That the patient is an outpatient, the court shall
further determine, based upon either the individualized
treatment plan required to be prepared under subsection
(c) of Code Section 37-7-64 or subsection (b) of Code Sec-
tion 37-7-91 or the individualized treatment plan pro-
posed by the physician chosen by the patient, whether
there is available outpatient treatment for the patient
which meets the requirements of the plan chosen by the
court and whether the patient will likely obtain that
treatment so as to minimize the likelihood of the patients
becoming an inpatient. If the court determines that there
is such available outpatient treatment which the patient
will likely obtain so as to minimize the likelihood of the
GEORGIA LAWS 1986 SESSION
1137
patients becoming an inpatient, then the court shall or-
der the patient to obtain that treatment and shall dis-
charge the patient subject to such order;
(3) That the patient is an outpatient who does not
meet the requirements for discharge under paragraph
(2) of this subsection and:
(A) The hearing under this subsection was re-
quired by subsection (c) of Code Section 37-7-81, the
court shall order that the patient be discharged; or
(B) The hearing under this subsection is required
by subsection (a) of Code Section 37-7-92, the court
shall order that the patient be admitted to an evaluat-
ing facility, and this chapter shall thereafter apply
to that patient as though the patient had been admit-
ted to that facility pursuant to Code Section 37-7-62;
or
(4) That the patient is an inpatient, the court shall
order that the patient shall be transported to a treatment
facility where the patient shall be admitted for care and
treatment, which order may also require that a period
of such inpatient treatment be followed by available out-
patient treatment if there is such outpatient treatment
which will meet the requirements of the patients individ-
ualized service plan and the patient will likely obtain
the treatment so as to minimize the likelihood of the
patients becoming an inpatient.
(b) If the court at a hearing under subsection (a) of this
Code section concludes that the patient is an alcoholic, a
drug dependent individual, or a drug abuser requiring invol-
untary treatment, it shall make findings of fact and conclu-
sions of law in support of that conclusion as part of its final
order.
(c) The court may order the hospitalization of any pa-
tient pursuant to paragraph (4) of subsection (a) of 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
1138 GENERAL ACTS AND RESOLUTIONS, VOL. I
hospitalization is necessary at the end of that period, the
chief medical officer shall apply for an order authorizing
such continued hospitalization under Code Section 37-7-83.
(d) The court may order the patient to obtain available
outpatient treatment under the additional conditions speci-
fied in Code Section 37-7-93 and 37-7-94.
37-7-82. (a) If at any time during a period of involun-
tary outpatient treatment, including but not limited to in-
terim outpatient treatment arranged pursuant to subsection
(b) of Code Section 37-7-91:
(1) The patient fails without good cause to comply
with the outpatient treatment plan;
(2) The physician in charge of the patients outpa-
tient treatment determines that, because of a change
in the patients condition, the least restrictive alternative
which would accomplish the patients treatment goals
is hospitalization of the patient; or
(3) The conditions described in both paragraphs (1)
and (2) of this subsection exist with regard to the patient,
the physician in charge of the patients outpatient treatment
may execute a certificate under the conditions specified
therefor in subsection (a) of Code Section 37-7-41. In addition
to any other requirements, that certificate shall specify those
conditions under paragraphs (1), (2), and (3) of this subsection
upon which issuance of the certificate is based. That certifi-
cate shall have the same duration and effect as a certificate
issued pursuant to subsection (a) of Code Section 37-7-41.
(b) With regard to a patient whom the court knows to
be required to obtain involuntary outpatient treatment, the
court may issue any order authorized under subsection (b)
of Code Section 37-7-41 only upon the courts determination,
in addition to any other requirement for that order, that
such patient has not complied with the involuntary outpa-
tient treatment or that the patient reasonably appears to
be an inpatient.
37-7-83. (a) If it is necessary to continue involuntary
treatment of a hospitalized patient beyond the end of the
GEORGIA LAWS 1986 SESSION
1139
period during which the treatment facility is currently au-
thorized under this chapter to retain the patient, the chief
medical officer prior to the expiration of the period, shall
seek an order authorizing such continued treatment in the
manner provided in this Code section. The chief medical
officer may seek such an order authorizing continued invol-
untary treatment involving inpatient treatment, outpatient
treatment, or both under the procedures of this Code section
and Code Section 37-7-93.
(b) If the chief medical officer finds that continued invol-
untary treatment is necessary (1) for an individual who was
admitted while serving a criminal sentence but whose sen-
tence is about to expire or (2) for an individual who was
hospitalized while under the jurisdiction of a juvenile court
but who is about to reach the age of 17, the chief medical
officer shall seek an order authorizing such continued treat-
ment in the manner provided in this Code section; and this
chapter shall apply fully to such a patient after that time.
(c) A Committee for Continued Involuntary Treatment
Review shall be established by the chief medical officer of
each hospital and shall consist of not less than three physi-
cians and not less than two other persons of a professional
status. The committee may conduct its meetings with a quo-
rum of any three members. The function of this committee
shall be to review and evaluate the updated individualized
treatment plan of each patient of the hospital and to report
to the chief medical officer its recommendations concerning
the patients need for continued involuntary treatment. No
person who has responsibility for the care and treatment
of the individual patient for whom continued involuntary
treatment is requested shall serve on any committee which
reviews such individuals case.
(d) If the chief medical officer desires to seek an order
under this Code section authorizing continued involuntary
treatment for up to 12 months beyond the expiration of the
currently authorized period of hospitalization, he shall first
file a notice of such intended action with the Committee
for Continued Involuntary Treatment Review, which notice
shall be forwarded to the committee at least 60 days prior
to the expiration of that period.
1140 GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) Within ten days of the date of the notice, the commit-
tee shall meet to consider the matter of the chief medical
officers intention to seek an order for continued involuntary
treatment. Prior to the committees meeting, the patient
and his representatives shall be notified of the following:
the purpose of such meeting, the time and place of such
meeting, their right to be present at such meeting, and their
right to present any alternative individualized treatment
plan secured at their expense. In those cases in which the
patient will not or cannot appear, at least one member of
the committee will make all reasonable efforts to interview
the patient and report to the committee. The attending phy-
sician shall present an updated individualized treatment
plan for the patient to the committee. The committee shall
report to the chief medical officer or his designee, other than
the attending physician or a member of the committee, its
written recommendations along with any minority recom-
mendations which may also be submitted. Such report will
specify whether or not the patient is an alcoholic, a drug
dependent individual, or a drug abuser requiring involun-
tary treatment and whether continued hospitalization is the
least restrictive alternative available.
(f) If, after considering the committees recommenda-
tions and minority recommendations, if any, the chief medi-
cal officer or his designee, other than the attending physician
or a member of the committee, determines that the patient
is not an alcoholic, a drug dependent individual, or a drug
abuser requiring involuntary treatment, the patient shall
be immediately discharged from involuntary hospitalization
pursuant to subsection (b) of Code Section 37-7-85. Such per-
son may apply for voluntary admission pursuant to Code
Section 37-7-24.
(g) If after considering the committees recommenda-
tions and minority recommendations, if any, the chief medi-
cal officer or his designee, other than the attending physician
or member of the committee, determines that the patient
is an alcoholic, a drug dependent individual, or a drug abuser
requiring involuntary treatment, he shall, within ten days
after receiving the committees recommendations, serve a
petition for an order authorizing continued involuntary
treatment along with copies of the updated individualized
GEORGIA LAWS 1986 SESSION
1141
treatment plan and the committees report on the designated
office within the department and shall also serve such peti-
tion along with a copy of the updated individualized treat-
ment plan on the patient. A copy of the petition shall be
served on the patients representatives. The petition shall
contain a plain and simple statement that the patient or
his representatives may file a request for a hearing with a
hearing examiner appointed pursuant to Code Section 37-
7-84 within 15 days after service of the petition, that the
patient has a right to counsel, that the patient or his repre-
sentatives may apply immediately to the court to have coun-
sel appointed if the patient cannot afford counsel, and that
the court will appoint counsel for the patient unless the
patient indicates in writing that he does not desire to be
represented by counsel or has made his own arrangements
for counsel.
(h) If a hearing is not requested by the patient or the
representatives within 15 days of service of the petition on
the patient and his representatives, the hearing examiner
shall make an independent review of the committees report,
the updated individualized treatment plan, and the petition.
If he concludes that continued involuntary treatment may
not be necessary or if he finds any member of the committee
so concluded, then he shall order that a hearing be held
pursuant to subsection (i) of this Code section. If he concludes
that continued involuntary treatment is necessary, then he
shall order continued involuntary treatment involving inpa-
tient treatment, outpatient treatment, or both for a period
not to exceed one year.
(i) If a hearing is requested within 15 days of service
of the petition on the patient and his representatives or if
the hearing examiner orders a hearing pursuant to subsec-
tion (h) or (j) 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 re-
quest but in any event no later than the day on which the
current order of involuntary inpatient treatment expires.
Notice of the hearing shall be served on the patient, his
representatives, the facility, and, when appropriate, on coun-
sel for the patient. The hearing examiner, within his discre-
tion, may grant a change of venue for the convenience of
1142 GENERAL ACTS AND RESOLUTIONS, VOL. I
parties or witnesses. Such hearing shall be a full and fair
hearing, except that the patients attorney, when the patient
is unable to attend the hearing and is incapable of consenting
to a waiver of his appearance, may move that the patient
not be required to appear; however, the record shall reflect
the reasons for the hearing examiners actions. After such
hearing, the hearing examiner may issue any order which
the court is authorized to issue under Code Section 37-7-
81.1 and subject to the limitations of that Code Section 37-
7-81.1, provided that a patient who is an outpatient who
does not meet the requirements for discharge under para-
graph (2) of subsection (a) of Code Section 37-7-81.1 shall
nevertheless be discharged and provided that the hearing
examiner may order the patients continued inpatient treat-
ment, outpatient treatment, or both for a period not to exceed
one year, subject to the power to discharge the patient under
subsection (b) of Code Section 37-7-85 or under Code Section
37-7-94. In the event that an order approving continued hos-
pitalization is entered for an individual who was admitted
while serving a criminal sentence under the jurisdiction of
the Department of Corrections, but whose sentence is about
to expire, the chief medical officer shall serve a copy of that
order upon the Department of Corrections within five work-
ing days of the issuance of the order.
(j) The hearing examiner for a patient who was admit-
ted under the jurisdiction of the juvenile court and who
reaches the age of 17 without having had a full and fair
hearing pursuant to any provisions of this chapter or without
having waived such hearing shall order that a hearing be
held pursuant to subsection (i) of this Code section.
37-7-84. (a) One or more hearing examiners shall be
appointed by the Justices of the Supreme Court to hold the
hearings under Code Section 37-7-83. Such hearing examin-
ers shall be members of the State Bar of Georgia and shall
be compensated by the department.
(b) The hearing examiners shall have the authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas;
GEORGIA LAWS 1986 SESSION
1143
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by deposition;
(6) Reprimand or exclude from the hearing any per-
son for any indecorous or improper conduct committed
in the presence of the hearing examiner; and
(7) Make all appropriate orders authorized by this
chapter.
(c) If a subpoena issued by the hearing examiner is dis-
obeyed, the hearing examiner may apply to the superior
court of the county in which the hearing is held for an order
requiring obedience. Failure to comply with such order shall
be cause for punishment as for contempt of court.
(d) In the event a patient desires counsel in a hearing
before the hearing examiner but cannot afford such counsel,
the hearing examiner shall apply to the court of the county
in which the hearing is held and that court shall appoint
counsel for the patient. Payment for such representation
shall be made by the county of the patients legal residence.
37-7-85. (a) Each individualized treatment plan for a
patient receiving involuntary inpatient treatment shall be
reviewed at regular intervals to determine the patients prog-
ress toward the stated goals and objectives of the plan and
to determine whether the plan should be modified because
of the patients present condition. These reviews should be
based upon relevant progress notes in the patients clinical
record and upon other related information; and input from
the patient should be obtained and utilized where feasible.
(b) Any time a patient receiving involuntary inpatient
treatment is found by the chief medical officer no longer
to be an alcoholic, a drug dependent individual, or a drug
abuser requiring involuntary inpatient treatment, the chief
medical officer may:
(1) Discharge the patient from involuntary outpa-
tient or inpatient treatment, or both, subject to the condi-
tions of Code Section 37-7-95;
1144
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Discharge the patient from involuntary inpa-
tient treatment and require that the patient obtain avail-
able outpatient treatment for the remaining period the
patient was to have been required to obtain inpatient
treatment, as long as the patient then meets the stan-
dards for being discharged to outpatient treatment under
paragraph (2) of subsection (a) of Code Section 37-7-81.1
and subject to the conditions of Code Section 37-7-95;
or
(3) Transfer the patient to voluntary status at the
patients request, as provided in Code Section 37-7-24.
(c) Notice of the discharge or the transfer of status shall
be given to the patient and his representatives; if the pa-
tients hospitalization was authorized by order of a court,
to the court which entered such order; and, if the patient
was under criminal charges of which the facility received
written notification, by certified mail to the law enforcement
agency originally having custody of the patient.
Section 10. Said title is further amended by adding imme-
diately following said Part 3 of Article 3 of Chapter 7 thereof
a new Part 4 to read as follows:
"Part 4
37-7-90. (a) When a physician at a facility or on behalf
of a facility determines and certifies under this article that
there is reason to believe a patient admitted to or examined
at the facility is an alcoholic, a drug dependent individual,
or a drug abuser requiring involuntary treatment, that phy-
sician shall further determine and certify whether there
is reason to believe the patient is:
(1) An inpatient or outpatient; and
(2) If an outpatient, whether:
(A) There is available outpatient treatment; and
(B) The patient will likely comply with the out-
patient treatment so as to minimize the likelihood
of the patients becoming an inpatient.
GEORGIA LAWS 1986 SESSION
1145
(b) Unless otherwise specifically provided, the determi-
nation and certification as to paragraphs (1) and (2) of subsec-
tion (a) of this Code section shall be made within the time
period required for determining whether a patient is an alco-
holic, a drug dependent individual, or a drug abuser requir-
ing involuntary treatment, except that if such determination
is made by a physician at or on behalf of a community mental
health center, the determination and certification shall be
made within four hours after the patient is examined by
the physician.
(c) A person determined and certified to be:
(1) An outpatient;
(2) A person for whom there is available outpatient
treatment; and
(3) Likely to comply with the outpatient treatment
so as to minimize the likelihood of the patients becoming
an inpatient
shall be considered to be in need of involuntary outpatient
treatment and not involuntary inpatient treatment for pur-
poses of further proceedings under this article until such
time as that persons status is determined to be otherwise
pursuant to those proceedings.
(d) A person determined and certified to be an alcoholic,
a drug dependent individual, or a drug abuser requiring in-
voluntary treatment who does not meet all of the require-
ments of paragraphs (1), (2), and (3) of subsection (c) of this
Code section shall be considered to be in need of involuntary
inpatient treatment and not involuntary outpatient treat-
ment for purposes of further proceedings under this article
until such time as that persons status is determined to be
otherwise pursuant to those proceedings.
37-7-91. (a) A person who is in the physical custody
of a facility and who is determined by a physician, at or
on behalf of that facility, to meet all of the outpatient treat-
ment requirements of paragraphs (1), (2), and (3) of subsec-
tion (c) of Code Section 37-7-90 shall be discharged from that
1146 GENERAL ACTS AND RESOLUTIONS, VOL. I
facility as provided in this Code section pending a full and
fair hearing or waiver thereof under Code Section 37-7-92.
That discharge from a community mental health center shall
occur within four hours after the patient is examined by a
physician at or on behalf of that center. That discharge from
an emergency receiving facility shall occur within 48 hours
after the patients admission thereto. That discharge from
an evaluating or treatment facility shall occur no later than
the time period established under Code Section 37-7-64 for
the discharge of a patient determined not to be an alcoholic,
a drug dependent individual, or a drug abuser requiring in-
voluntary treatment.
(b) Prior to discharging the patient under subsection
(a) of this Code section, but within the time period the facility
is authorized to retain the patient, the facility at which or
on behalf of which the patient was examined, which facility
shall be the 'referring facility for purposes of this part, shall
prepare an individualized treatment plan for the patient.
This plan shall be prepared in consultation with the facility
at which available outpatient treatment is to be provided
the patient, which facility shall be the 'receiving facility
for purposes of this part. The referring facility shall also
make arrangements with the receiving facility to provide
interim outpatient treatment, in accordance with the indi-
vidualized treatment plan, to the patient pending the full
and fair hearing or waiver thereof. Nothing in this Code
section shall prevent a referring facility for a patient from
also being the receiving facility for that patient.
(c) A patient for whom interim outpatient treatment
is arranged pursuant to subsection (b) of this Code section
shall obtain that treatment or be subject to the provisions
of Code Section 37-7-82. Written notice of the time, date,
place, and address for that interim outpatient treatment
shall be provided the patient prior to the patients discharge,
along with written notification that if the patient does not
comply with the interim outpatient treatment or attend or
waive a hearing, the time and date of which hearing will
later be provided the patient, the patient may be involun-
tarily admitted for examination, treatment, or both. Notice
of the discharge shall be provided to persons other than the
patient in the same manner and under the same conditions
GEORGIA LAWS 1986 SESSION
1147
as required by subsection (c) of Code Section 37-7-43 and
subsection (d) of Code Section 37-7-64, and that notice shall
also include a notice regarding the interim outpatient treat-
ment and the consequences if the patient does not obtain
the treatment or attend or waive the hearing.
(d) Within three days after a referring facility has dis-
charged a patient pursuant to subsection (a) of this Code
section, that facility shall transmit to the receiving facility
a copy of the referring facilitys examination report, individ-
ualized treatment plan, and such other necessary clinical
information the referring facility may have regarding the
patient. Within five days after receiving such report, plan,
and information, the receiving facility shall petition the
court of the county in which the patient is located for a
full and fair hearing pursuant to Code Section 37-7-92 and
include with the petition a copy of the examination report,
the individualized treatment plan, and the address to which
the patient was discharged by the referring facility.
37-7-92. (a) Except when a hearing is waived as pro-
vided in this subsection, within 30 days after the filing of
the petition under subsection (d) of Code Section 37-7-91,
the court shall hold a full and fair hearing. At least ten
days prior to that hearing, the court shall have served on
the patient and the patients representatives the same no-
tices and information required by paragraphs (1) through
(4) of subsection (a) of Code Section 37-7-81, as well as a
notice that the patient may waive in writing the hearing
but if the patient does not either attend or waive the hearing
the court may order the patient to be taken into custody,
hospitalized, evaluated, and treated. The patient and repre-
sentatives shall have the rights specified in those notices.
Hearings held pursuant to this subsection shall be held as
provided in Code Section 37-7-81.1, and the court holding
the hearing may issue any order authorized by and subject
to the limitations of that Code Section 37-7-81.1.
(b) If the patient is notified of the hearing as required
under subsection (a) of this Code section and does not appear
at or waive that hearing, absent a showing of good cause
for not appearing, the court may issue an order commanding
any peace officer to take such person into custody and deliver
1148
GENERAL ACTS AND RESOLUTIONS, VOL. I
that person to an emergency receiving facility or the refer-
ring facility if there is a physician available there and this
chapter shall thereafter apply to that patient as though the
patient had been admitted to that facility pursuant to subsec-
tion (b) of Code Section 37-7-41.
(c) If the hearing is waived as provided in subsection
(a) of this Code section, that hearing shall not be held but
the court shall order the patient to obtain available outpa-
tient treatment under the individualized treatment plan sub-
mitted with the petition for hearing.
37-7-93. (a) Pursuant to Code Section 37-7-81.1 or Code
Section 37-7-92, the court may order the patient to obtain
available outpatient treatment for any period not to exceed
one year, but the total period of involuntary treatment re-
quired by such order, including inpatient treatment within
the limitations of Code Section 37-7-81.1, shall not exceed
one year.
(b) If it is necessary to continue available outpatient
treatment beyond the period authorized pursuant to subsec-
tion (a) of this Code section, at least 60 days prior to the
expiration of that period the physician responsible for that
treatment, or the person responsible for the patients treat-
ment under the direction and with approval of the physician
shall:
(1) Update the patients individualized treatment
plan;
(2) Prepare a report containing evidence that the
patient meets all the requirements for available outpa-
tient treatment under paragraphs (1), (2), and (3) of sub-
section (c) of Code Section 37-7-90; and
(3) Petition the hearing examiners appointed to hold
hearings under Code Section 37-7-83 for an order requir-
ing the patient to obtain available outpatient treatment
beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that
the patient or the patients representatives may file a request
GEORGIA LAWS 1986 SESSION
1149
for a hearing with a hearing examiner appointed to hold
hearings pursuant to Code Section 37-7-83 within 15 days
after service of the petition, that the patient has a right
to counsel at the hearing, that the patient or the patients
representatives may apply immediately to the court to have
counsel appointed if the patient cannot, afford counsel, and
that the court will appoint counsel for the patient unless
the patient indicates in writing that the patient does not
desire to be represented by counsel or has made the patients
own arrangements for counsel.
(c) If a hearing is not requested by the patient or the
representatives within 15 days of service of the petition on
the patient and the patients representatives, the hearing
examiner shall make an independent review of the report,
the updated individualized treatment plan, and the petition.
If the hearing examiner concludes from that review that
the patient is no longer an alcoholic, a drug dependent indi-
vidual, or a drug abuser requiring involuntary treatment,
then that hearing examiner shall order that a hearing be
held pursuant to subsection (d) of this Code section. If the
hearing examiner concludes that the patient meets all the
requirements for available outpatient treatment under para-
graphs (1), (2), and (3) of subsection (c) of Code Section 37-
7-90, then the hearing examiner shall order continued outpa-
tient treatment for a period not to exceed one year.
(d) If the hearing examiner orders a hearing pursuant
to subsection (c) or (e) of this Code section or if a hearing
is requested within 15 days of service of the petition on the
patient and the patients representatives, the hearing exam-
iner 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 of involuntary outpatient treatment ex-
pires. Notice of the hearing shall be served on the patient,
the patients representatives, the facility providing outpa-
tient treatment for the patient, and, when appropriate, on
counsel for the patient. The hearing examiner, within that
persons discretion, may grant a change of venue for the
convenience of parties or witnesses. Such hearing shall be
a full and fair hearing. After such hearing, the hearing exam-
iner may issue any order which the court is authorized to
1150 GENERAL ACTS AND RESOLUTIONS, VOL. I
issue under paragraphs (1), (2), and (3) of subsection (a) of
Code Section 37-7-81.1 and subject to the limitations of that
Code section. If the patient does not appear at the hearing,
absent a showing of good cause, the hearing examiner may
issue any order the court is authorized to issue under subsec-
tion (b) of Code Section 37-7-92.
(e) The hearing examiner for a patient who is ordered
to obtain available outpatient treatment, who is under the
jurisdiction of the juvenile court, and who reaches the age
of 17 without having had a full and fair hearing pursuant
to any provisions of this article or without having waived
such hearing shall order that a hearing be held pursuant
to subsection (d) of this Code section.
37-7-94. (a) Each individualized treatment plan for
available outpatient treatment shall be reviewed at regular
intervals to determine the patients progress toward the
stated goals and objectives of the plan and to determine
whether the plan should be modified because of the patients
present condition. These reviews should be based upon rele-
vant progress notes in the patients clinical record and upon
other related information; and input from the patient should
be obtained and utilized where feasible.
(b) Any time a patient is found by the physician in
charge of the patients outpatient treatment no longer to
be an alcoholic, a drug dependent individual, or a drug
abuser requiring involuntary treatment, that physician shall
discharge the patient from further compliance with the
treatment.
(c) Notice of the discharge under subsection (b) of this
Code section shall be given to the patient and his representa-
tives; to the court which originally ordered such involuntary
treatment; and, if the patient was under criminal charges
of which the facility received written notification, by certified
mail to the law enforcement agency originally having cus-
tody of the patient.
37-7-95. Notwithstanding any other provisions of any
part of this article, a patient under criminal charges, notice
of which has been given in writing to the facility, may only
GEORGIA LAWS 1986 SESSION
1151
be discharged from the physical custody of a facility if the
facility, by certified mail, provides written notification of
the proposed discharge to the law enforcement agency origi-
nally having custody of the patient and the patient is dis-
charged into the physical custody of a peace officer from
that agency. That agency shall be required to assume such
physical custody within five days after receipt in writing
of the notification of proposed discharge.
Section I t. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
BONDS FOR GOOD BEHAVIOR RETURN OF WARRANTS;
PROCEDURES; CONTEMPT.
Code Sections 17-6-90 and 17-6-93 Amended.
Code Section 17-6-94 Enacted.
No. 1555 (Senate Bill No. 334).
AN ACT
To amend Part 1 of Article 4 of Chapter 6 of Title 17 of
the Official Code of Georgia Annotated, relating to bonds for
good behavior, so as to change provisions relating to the terms
of and duration of bonds; to change provisions relating to release
on bond; to provide for the court to which bonds shall be return-
able; to provide contempt proceedings for violation of bonds; to
provide for contempt proceedings against a prosecuting witness
in certain circumstances; to provide for all related matters; to
provide for an effective date and for applicability; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
1152
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Part 1 of Article 4 of Chapter 6 of Title 17 of
the Official Code of Georgia Annotated, relating to bonds for
good behavior, is amended by striking Code Section 17-6-90, re-
lating to issuance of warrants and proceedings for bonds, and
inserting in its place a new Code section to read as follows:
"17-6-90. (a) Any judicial officer authorized to hold a
court of inquiry may, upon the information of others under
oath or upon his own motion, issue a warrant against any
person in the county whose conduct is such as to justify
the belief that the safety of any one or more persons in
the county or the peace or property of the same is in danger
of being injured or disturbed thereby. Upon the return of
the warrant and upon sufficient cause being shown, the court
may require from the person a bond with sureties for his
good behavior until the next term of the superior court of
the county or for a period of 60 days, whichever is greater.
Any person against whom a warrant issues must, within
24 hours, be brought for a hearing before the court which
issued the warrant or be released on bond by the sheriff,
the amount and reasonable conditions of such bond to be
set by the court which issued the warrant.
(b) All bonds posted under this Code section shall be
returnable in the court which issued the warrant and shall
be amendable in the courts discretion. Within seven days
after being released on bond by the sheriff, the person shall
be entitled to a hearing before the court which issued the
warrant. The court may, on its own motion, require a hear-
ing.
(c) If it is determined at a hearing that there was not
sufficient cause for the warrant to have been issued, the
affiant who caused the warrant to be issued shall pay all
court costs.
Section 2. Said part is further amended by striking Code
Section 17-6-93, relating to extension of bonds, surrender of prin-
cipals, and expiration of bonds, and inserting in its place a new
Code section to read as follows:
"17-6-93. A bond for good behavior posted pursuant to
Code Section 17-6-90 may be extended from term to term
GEORGIA LAWS 1986 SESSION
1153
by the superior or state court, as the case may be, or for
additional 60 day periods by the court which issued the war-
rant, whichever is greater, in its discretion. The sureties
on the bond shall have the privilege of surrendering their
principal as in other cases of bail.
Section 3. Said part is further amended by adding a new
Code Section 17-6-94 to read as follows:
"17-6-94. Upon oral or written complaint by the injured
party or upon motion by the prosecuting attorney, the court
may, in its discretion, issue a rule for contempt against a
party who violates the bond posted pursuant to Code Section
17-6-90. Upon hearing the rule, if the court finds that there
has been a violation of the bond, the court may, in addition
to the remedy provided in Code Section 17-6-92, impose a
sentence for contempt of court. If it should appear to the
court from the evidence and the court finds that the violation
of the bond was provoked or brought about by the conduct
of the prosecuting witness, the witness may be ruled for
contempt of court and sentenced as provided by law.
Section 4. This Act shall become effective July 1, 1986,
and shall apply to proceedings initiated on or after said effective
date.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
1154
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE RECORDS COMMITTEE MICROFORM
STANDARDS; LIABILITY.
Code Sections 50-18-120 and 50-18-121 Amended.
Code Sections 50-18-122 through 50-18-126 Repealed.
No. 1556 (Senate Bill No. 352).
AN ACT
To amend Chapter 18 of Title 50 of the Official Code of Geor-
gia Annotated, relating to state printing and documents, so as
to repeal certain provisions relating to microforms; to require
the concurrence of the Administrative Office of the Courts with
respect to certain microform standards applicable to the courts;
to change certain provisions relating to limitations on liability;
to provide authority for the establishment of microform stan-
dards; to provide for applicability of other provisions of law;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 18 of Title 50 of the Official Code of
Georgia Annotated, relating to state printing and documents,
is amended by striking Article 6 in its entirety and inserting
in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
50-18-120. The authority for the establishment of micro-
form standards shall be vested in the State Records Commit-
tee. All powers and duties of the State Records Committee
as provided in Article 5 of this chapter shall be applicable
to the establishment and maintenance of microform stan-
dards in this state. With respect to microform standards
for the courts, the concurrence of the Administrative Office
of the Courts shall be required for the establishment of such
standards.
50-18-121. Any public official or his employee who
makes a bona fide attempt at compliance with the standards
GEORGIA LAWS 1986 SESSION
1155
established under this article shall not be liable for any dam-
ages arising from the failure of the microform to meet such
standards.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
PROFESSIONS AND BUSINESSES ENGAGING IN A
PROFESSION OR BUSINESS WITHOUT A PROPER
LICENSE; SANCTIONS; CEASE AND DESIST ORDERS;
PENALTIES; VENUE.
Code Section 43-1-20.1 Enacted.
No. 1557 (Senate Bill No. 368).
AN ACT
To amend Chapter 1 of Title 43 of the Official Code of Georgia
Annotated, relating to general provisions concerning the state
examining boards, so as to authorize state examining boards
to provide for sanctions against persons engaging in the practice
of a business or profession without a proper license; to provide
for cease and desist orders; to provide penalties; to provide for
judicial review; to provide for venue; to provide for applicability;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 1 of Title 43 of the Official Code of
Georgia Annotated, relating to general provisions concerning
the state examining boards, is amended by adding between Code
Sections 43-1-20 and 43-1-21 a new Code Section 43-1-20.1 to
read as follows:
1156 GENERAL ACTS AND RESOLUTIONS, VOL. I
"43-1-20.1. (a) Notwithstanding any other provisions
of the law to the contrary, after notice and hearing, a state
examining board may issue a cease and desist order prohibit-
ing any person from violating the provisions of this title
by engaging in the practice of a business or profession with-
out a license.
(b) The violation of any cease and desist order of a state
examining board issued under subsection (a) of this Code
section shall subject the person violating the order to further
proceedings before the board, and the board shall be autho-
rized to impose a fine not to exceed $500.00 for each transac-
tion constituting a violation thereof. Each day that a person
practices in violation of this title shall constitute a separate
violation.
(c) Initial judicial review of the decision of the board
entered pursuant to this Code section or an action for en-
forcement thereof shall be available solely in the superior
court of the county of domicile of the board.
(d) Nothing in this Code section shall be construed to
prohibit a state examining board from seeking remedies oth-
erwise available by statute without first seeking a cease and
desist order in accordance with the provisions of this Code
section.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1157
"GEORGIA ASBESTOS SAFETY ACT ENACTED;
ASBESTOS LICENSING BOARD CREATED; LICENSING OF
CONTRACTORS; ASBESTOS REMOVAL AND
ENCAPSULATING; INSPECTIONS.
Code Title 12, Chapter 12 Enacted.
No. 1558 (Senate Bill No. 409).
AN ACT
To amend Title 12 of the Official Code of Georgia Annotated,
relating to conservation and natural resources, so as to provide
for the protection of public health, safety, and the environment
by establishing an Asbestos Licensing Board; to provide a short
title; to provide definitions; to provide a program of licensing
and certification; to provide a statement of purpose; to establish
the state agencies and officials responsible for administering
the chapter; to provide for the creation of the Asbestos Licensing
Board; to provide for reimbursement of board members; to pro-
vide for the powers and duties of the board; to provide for the
powers, duties, and responsibilities of the Board of Natural Re-
sources; to provide for the powers, duties, and responsibilities
of the director; to provide for contractor licensing; to provide
for contractor licensing and asbestos foreman certification; to
recognize reciprocity among states; to provide for revocation
of licenses; to provide for notification, fees, and certification con-
cerning asbestos removal; to provide for inspections and investi-
gations; to declare certain acts unlawful; to provide for applica-
tion by the director for injunctive relief; to authorize the director
to issue orders; to provide for emergency powers; to provide
for civil penalties; to provide for hearings on contested matters;
to provide for judgment in accordance with final orders; to pro-
vide for representation by the Attorney General; to provide no
conflict with federal laws; to provide no liability for damages;
to provide a termination date; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Anno-
tated, relating to conservation and natural resources, is
1158
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended by adding at the end thereof a new Chapter 12 to
read as follows:
"CHAPTER 12
12-12-1. This chapter shall be known and may be cited
as the 'Georgia Asbestos Safety Act.
12-12-2. It is the purpose of this chapter to protect the
public health, safety, and environment of the people of this
state by establishing an Asbestos Licensing Board to adopt,
administer, and enforce a program for licensing contractors
and for certifying asbestos foremen engaged in the removal
or encapsulation of friable asbestos-containing materials
from facilities and residential dwellings in accordance with
the provisions of this chapter and regulations issued pur-
suant to this chapter . It is the further purpose of this chapter
to establish a program of notification, fees, and certification
for asbestos removal or encapsulation projects to be adminis-
tered by the director of the Environmental Protection Divi-
sion of the Department of Natural Resources.
12-12-3. As used in this chapter, the term:
(1) 'Asbestos means any naturally-occurring hy-
drated mineral silicates separable into commercially used
fibers, specifically the asbestiform varieties of serpentine,
chrysotile; cummingtomite-grunerite, amosite; riebeck-
ite, crocidolite; anthophyllite; tremolite; and actinolite.
(2) 'Asbestos foreman means any individual who is
employed or engaged by a contractor to supervise the
removal, encapsulation, cleaning, or disposal of friable
asbestos-containing materials.
(3) 'Board means the Asbestos Licensing Board as
established by this chapter.
(4) 'Contractor means any person who contracts
with an owner or operator of a facility or residential
dwelling to perform the removal or encapsulation of fria-
ble asbestos-containing material from any such facility
or residential dwelling. 'Contractor shall not include any
employee of such owner or operator.
GEORGIA LAWS 1986 SESSION
1159
(5) 'Director means the director of the Environmen-
tal Protection Division of the Department of Natural Re-
sources of the State of Georgia or his designee.
(6) 'Division means the Environmental Protection
Division of the Department of Natural Resources of the
State of Georgia.
(7) 'Emergency project means the removal or encap-
sulation of friable asbestos-containing material from any
facility where such activity must be conducted immedi-
ately in order to prevent disruption of a commercial or
industrial process or activity or destruction of property.
(8) 'Encapsulation means to coat, bind, or resurface
walls, ceilings, pipes, or other structures with a sealant
to prevent friable asbestos from becoming airborne.
(9) 'Facility means any institutional, commercial,
or industrial structure, installation, or building, includ-
ing apartment buildings having more than four dwelling
units.
(10) 'Friable asbestos-containing material means
any material which is applied onto ceilings, walls, struc-
tural members, piping, boilers, tanks, pumps, ductwork,
or any other part of the building containing more than
1 percent asbestos, by weight, and which when dry may
be crumbled, pulverized, or reduced to powder by hand
pressure.
(11) 'Person means any individual, partnership, asso-
ciation, trust, firm, corporation, county, municipality, or
other entity, including the state and federal govern-
ments.
(12) 'Project means the removal or encapsulation by
a contractor of friable asbestos-containing material from
any facility or residential dwelling.
(13) 'Removal means to take out, strip, clean up, or
dispose of friable or potentially friable asbestos-contain-
ing materials from any facility or residential dwelling
as defined by this chapter.
1160 GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) 'Residential dwelling means any family resi-
dence or apartment building with four or fewer dwelling
units.
(15) 'Small project means any asbestos removal or
encapsulation project involving less than 160 square feet
or 260 linear feet of friable asbestos-containing materials.
12-12-4. (a) There is created a state Asbestos Licensing
Board to adopt, administer, and enforce a program of licens-
ing for contractors and certification for asbestos foremen.
The board shall consist of seven members, each of whom
shall be appointed by the Governor, subject to confirmation
by the Senate. The initial board members shall begin their
terms of office on July 1, 1986. The first appointees shall
serve their terms as follows: four members for two years
and three members for four years. Thereafter, each member
shall serve a term of four years and until his successor is
appointed. At the first meeting of the board held each year,
the members shall elect a chairman to serve for one year.
The Governor may remove any member of the board for
neglect of duty, incompetence, or other unethical or dishon-
orable conduct. After such removal or after the creation of
a vacancy due to death, resignation, or ineligibility, the Gov-
ernor shall appoint a successor to serve the unexpired term
subject to confirmation by the Senate. Any person appointed
to the board when the Senate is not in session may serve
on the board without Senate confirmation until the Senate
acts on that appointment. No member shall serve on the
board for more than two consecutive terms.
(b) The board must include among the appointed mem-
bers one contractor engaged in asbestos abatement activities,
one building owner or facility administrator, one registered
professional engineer, one industrial hygienist familiar with
asbestos abatement activities, one representative of labor,
one licensed architect, and one person chosen at large who
shall have no connection whatsoever with any profession
related to asbestos abatement activities.
12-12-5. Each member of the board shall be reimbursed
as provided for in subsection (f) of Code Section 43-1-2.
12-12-6. (a) The director shall act as the administra-
tive agent for the board.
GEORGIA LAWS 1986 SESSION
1161
(b) The division shall have the duty to bring together
and keep all records of the board, to receive all applications
for licenses and certificates, to schedule a time and place
for all hearings, to issue certificates upon authority of the
board, to collect all fees, and to remit such fees to the state
treasury.
(c) All orders and processes of the board shall be signed
and attested by the director or his designee, and any notice
or legal process necessary to be served upon the board may
be served upon the director.
12-12-7. In carrying out this chapter, the board shall
have and may exercise the following powers and duties:
(1) To adopt and amend rules and regulations which
may be reasonably necessary to provide for its own gov-
ernment and to govern the licensing of contractors, the
certification of asbestos foremen, and the regulation of
proceedings before the board. The board 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 establish annual license and certification fees
to recover the cost of processing applications;
(3) To pay into the state treasury all fees and mon-
eys received by it;
(4) To license contractors;
(5) To certify asbestos foremen; and
(6) To refuse to grant licenses or certifications, or
to suspend or revoke licenses or certifications in a man-
ner consistent with this chapter.
12-12-8. The Board of Natural Resources shall have and
may exercise the power to adopt and amend rules and regula-
tions which may be necessary to ensure proper performance
of asbestos removal and encapsulating projects and compli-
ance with any provision of this chapter related thereto, to
1162
GENERAL ACTS AND RESOLUTIONS, VOL. I
implement the programs of inspection and enforcement au-
thorized in this chapter, and to adopt a schedule of project
fees as required in this chapter. The Board of Natural Re-
sources is expressly empowered to promulgate the rules and
regulations consistent with this chapter to ensure the proper
performance of asbestos removal and encapsulating projects
commenced on and after April 1,1986, and prior to the effec-
tive date of the licensing and certification requirements in
this chapter.
12-12-9. The director shall have and may exercise the
following powers and duties:
(1) To serve as technical secretary to the board. The
technical secretary shall assist and advise the board in
the conduct of its duties, to include recommending rules
and regulations for contractor licensing and asbestos
foreman certification, recommending actions to be taken
concerning license or certification revocation or suspen-
sion, and coordinating activities between the board and
the division;
(2) To exercise general supervision over the adminis-
tration and enforcement of this chapter and all rules
and regulations and orders promulgated under this chap-
ter;
(3) To issue all orders and processes as may be neces-
sary to enforce compliance with provisions of this chapter
and all rules and regulations promulgated under this
chapter;
(4) To conduct such public hearings as are deemed
necessary for the proper administration of this chapter;
(5) To make investigations, analyses, and inspec-
tions to determine and ensure compliance with this chap-
ter, rules and regulations promulgated pursuant to this
chapter, and any orders which the director may issue;
(6) To institute and prosecute such court actions as
may be necessary to enforce compliance with any provi-
sions of this chapter and any rules and regulations pro-
mulgated under this chapter;
GEORGIA LAWS 1986 SESSION
1163
(7) To exercise all incidental powers necessary to
carry out the purpose of this chapter; and
(8) To encourage voluntary cooperation by persons
in affected groups to achieve the purpose of this chapter.
12-12-10. (a) From and after April 1, 1987, any con-
tractor shall obtain a license under this chapter from the
board prior to engaging in the removal or encapsulation
of friable asbestos-containing materials from any facility or
residential dwelling in this state.
(b) The application for license shall be made in the man-
ner and form required by the board. An application for li-
cense or renewal of a license shall be accompanied by an
application fee in the amount required by the board and
proof of such training, examination, and experience as are
required by the board.
(c) The board shall license all applicants for licenses
under this chapter who satisfy the requirements of this chap-
ter and the rules and regulations promulgated under this
chapter. Licenses shall be valid for a period of one year.
Licenses shall be renewable upon application to the board
and upon satisfaction of the renewal requirements of the
board.
12-12-11. (a) From and after April 1, 1987, no person
may be employed as an asbestos foreman unless that person
is certified by the board.
(b) The board shall certify all applicants for certification
under this chapter who satisfy the requirements of this chap-
ter and the rules and regulations promulgated under this
chapter. One requirement for such certification shall be the
successful completion of a course of training approved by
the board. Application for certification shall be made on
forms prescribed and furnished by the board and shall be
accompanied by a fee as prescribed by the board.
(c) A certification shall expire after one year. Applica-
tions for the renewal of a certification shall be filed with
the board within 30 days of the expiration date.
1164
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-12-12. The board, upon application and without
more, may issue a certificate or license in a comparable clas-
sification to any person who holds a certificate or license
in any state, territory, or possession of the United States,
provided that the requirements for licensure of asbestos
abatement contractors or asbestos foremen under which the
persons license or certificate was issued do not conflict with
this chapter and are of a standard not lower than that speci-
fied by regulations adopted under this chapter; provided,
further, that reciprocal privileges are granted to licensed
asbestos abatement contractors and asbestos foremen of this
state.
12-12-13. (a) The board, after notice and opportunity
for a hearing, may refuse to grant a license or certificate
to an applicant therefor or may revoke or suspend the license
or certificate of a person licensed or certified by the board
upon a finding that the licensee, certificant, or applicant
has:
(1) Made any false statement or given any false in-
formation in connection with an application for license
or certificate, including an application for renewal
thereof;
(2) Knowingly violated this chapter or violated any
rule or regulation promulgated pursuant to the authority
contained in this chapter; or
(3) Failed to demonstrate the qualifications or stan-
dards for licensure or certification contained in this chap-
ter or in the rules and regulations of the board. It shall
be incumbent upon the applicant to demonstrate to the
satisfaction of the board that he meets all the require-
ments for licensure or registration; and, if the board is
not satisfied as to the applicants qualifications, it shall
have the power to deny such licensure or certification.
(b) Any notice by the board shall be served upon the
licensee, certificant, or applicant by either certified mail or
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 20 days
from the date of such mailing or 15 days from the date of
GEORGIA LAWS 1986 SESSION
1165
such personal service, through which time the licensee, certi-
ficant, or applicant shall be given the right to petition the
board in writing for a hearing. If no such request for hearing
is filed with the board during this time period, the proposed
action will become final. A petition for hearing shall be con-
sidered filed on the date it is received in the directors office.
(c) Any hearing under this Code section shall be before
an administrative law judge appointed by the board. The
hearing before the administrative law judge shall be con-
ducted in accordance with Chapter 13 of Title 50, the 'Geor-
gia Administrative Procedure Act, and the rules and regula-
tions adopted by the board pursuant to such chapter. The
decision of the administrative law judge shall constitute the
final decision of the board.
(d) (1) If the administrative law judge finds that any
applicant for licensure or certification is unqualified to
be granted such license or certificate, he may:
(A) Deny the application for licensure or certifi-
cation; or
(B) Limit or restrict any license or certificate for
a definite period of time.
(2) If the administrative law judge finds that the
license or certificate of any holder thereof should be re-
voked or otherwise sanctioned, he may take any one or
more of the following actions:
(A) Suspend any license or certificate for a defi-
nite period of time;
(B) Limit or restrict any license or certificate for
a definite period of time;
(C) Revoke a license or certificate; or
(D) Place a licensee or certificant on probation
for a definite period of time and impose such condi-
tions of probation as will adequately protect the pub-
lic during that period.
1166 GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) Judicial review of a final decision of the administra-
tive law judge under this Code section shall be had in accor-
dance with Chapter 13 of Title 50, the 'Georgia Administra-
tive Procedure Act.
12-12-14. From and after April 1, 1986, no contractor
shall engage in a project prior to notifying the director of
such activity at least seven calendar days prior to commence-
ment of same. Such prior notice need not be provided for
an emergency project; however, the contractor shall notify
the director of the activity within seven calendar days after
the commencement of such project. The notification shall
be made in the manner and form required by the director
and shall be accompanied by a project fee established by
the Board of Natural Resources. In no case, however, shall
the project fee exceed $50.00 for asbestos abatement in a
residential dwelling or any small project as defined in this
chapter, nor shall it exceed $1,000.00 for any other project.
The notification shall state the location of the project, the
owners name and address, the expected dates on which the
project will begin and end, and any other information as
may be required by the director. The contractor shall comply
with this chapter, regulations promulgated pursuant to this
chapter, and any regulation pertaining to asbestos removal
promulgated under Chapter 9 of this title, 'The Georgia Air
Quality Act of 1978. Upon completion of the project, the
contractor shall certify to the director, on forms specified
by the director, that the project was conducted in accordance
with this chapter and the rules and regulations promulgated
pursuant to this chapter and Chapter 9 of this title, 'The
Georgia Air Quality Act of 1978.
12-12-15. It shall be unlawful to, and no person shall,
either as an asbestos foreman or contractor, engage in the
removal, encapsulation, cleaning, or disposal of friable asbes-
tos-containing materials or conduct quality assurance activi-
ties or air sampling in conjunction with such activities, ex-
cept in such a manner as to conform to and comply with
this chapter and all rules, regulations, and orders established
under this chapter.
12-12-16. The director or his authorized employees of
the division, upon a presentation of his credentials, shall
GEORGIA LAWS 1986 SESSION
1167
have a right to enter into, upon, or through premises of
persons subject to this chapter or premises where a violation
of this chapter is reasonably believed to be occurring or about
to occur; to investigate, sample, and inspect for compliance
with the requirements imposed under this chapter; or to
determine whether such a violation or threatened violation
exists. The contractors shall make available to the director
or his authorized representative such records, data, and
other information as may be required by this chapter or
rules and regulations issued pursuant to this chapter.
12-12-17. Whenever the director determines that a per-
son is violating any provision of this chapter or any rule
or regulation established under this chapter, he may issue
an order requiring such person to cease and desist such activ-
ity within such a period of time as the director deems reason-
able.
12-12-18. Whenever in the judgment of the director any
person has engaged in or is about to engage in any act or
practice which constitutes or will constitute an unlawful
action under this chapter, the director may make application
to the superior court of the county in which such person
resides or in which jurisdiction is appropriate for an order
enjoining such an act or practice or for an order requiring
compliance with this chapter; and, upon a showing by the
director that such person has engaged or is about to engage
in any such act or practice, a permanent or temporary in-
junction, restraining order, or other order shall be granted
without the necessity of showing lack of an adequate remedy
at law.
12-12-19. Notwithstanding any other provision of this
chapter, the director, upon receipt of evidence that a project
is presenting an imminent and substantial endangerment
to the health of persons, may bring an action as provided
in Code Section 12-12-18 to restrain immediately any person
causing or contributing to the alleged danger or to take such
other action as may be necessary. If it is not practicable
to assure prompt protection of the health of persons solely
by commencement of such a civil action, the director may
issue such orders as may be necessary to protect the health
of persons who are or may be affected by such project. Not-
1168 GENERAL ACTS AND RESOLUTIONS, VOL. I
withstanding Code Section 12-12-21, such order shall be im-
mediately effective for a period of not more than 48 hours
unless the director brings an action under Code Section 12-
12-18 before the expiration of such period. Whenever the
director brings such an action within such period, such order
shall be effective for such a period of time as may be autho-
rized by the court pending litigation or thereafter.
12-12-20. (a) Any person violating any provision of this
chapter or rules or regulations under this chapter or failing
or refusing to comply with any final order issued under this
chapter shall be liable for a civil penalty of not more than
$25,000.00 per day. Each day during which the violation
or failure continues shall be a separate violation.
(b) Whenever the director has reason to believe that
any person has violated any provision of this chapter or
any rules or regulations under this chapter or has failed
or refused to comply with any final order issued under this
chapter, he may, upon written request, cause a hearing to
be conducted before an administrative law judge appointed
by the Board of Natural Resources for the purpose of deter-
mining whether such civil penalties should be imposed as
are in accordance with the law there involved. The decision
of the administrative law judge shall constitute the final
decision of the Board of Natural Resources and any party
to the hearing, including the director, shall have a right
of judicial review as provided in this chapter. Such hearing
and any judicial review thereof shall be conducted in accor-
dance with subsection (c) of Code Section 12-12-2.
(c) All civil penalties recovered by the director as pro-
vided in this Code section shall be paid into the state trea-
sury.
12-12-21. All hearings on and judicial review of orders
or other administrative enforcement actions of the director
under this chapter shall be provided and conducted in accor-
dance with subsection (c) of Code Section 12-1-1.
12-12-22. Any order of the director or an administrative
law judge issued in accordance with this chapter which is
unappealed from or affirmed or modified on appeal or review
GEORGIA LAWS 1986 SESSION
1169
may be filed by the director by certified copy in the superior
court of the county wherein the person resides or, if said
person is a corporation, in the county wherein the corpora-
tion maintains its principal place of business or in the county
wherein the violation occurred. The court shall then render
judgment in accordance therewith and notify the parties.
Such judgment shall have the same effect, and all proceed-
ings in relation thereto shall be the same, as though said
judgment had been rendered in an action duly heard and
determined by the court.
12-12-23. It shall be the duty of the Attorney General
to provide legal representation to the board and to the direc-
tor in connection with this chapter.
12-12-24. It is not the intent of this chapter to conflict
with rules and regulations promulgated by the United States
Environmental Protection Agency pursuant to the Toxic
Substances Control Act or the Clean Air Act or by the Occu-
pational Safety and Health Administration of the United
States Department of Labor pursuant to the Occupational
Safety and Health Act or by other applicable federal stat-
utes.
12-12-25. Nothing in this chapter shall be construed to
constitute a waiver of the sovereign immunity of the state,
the board, the Board of Natural Resources, or the division.
No action shall be brought against the state, the board, the
Board of Natural Resources, the division, or any member,
officer, or employee of these governmental bodies for dam-
ages sustained from the improper or unlawful removal or
encapsulation of friable asbestos-containing materials from
facilities or residential dwellings governed by this chapter.
Nothing in this chapter and no order, action, license, or
advice of the board, the director, the division, or any repre-
sentative thereof shall be construed to relieve a contractor,
project monitor, or asbestos worker of the legal duties, obliga-
tions, or liabilities incident to removal or encapsulation of
friable asbestos-containing materials from facilities or resi-
dential dwellings.
12-12-26. For the purposes of Chapter 2 of Title 43, 'The
Act Providing for the Review, Continuation, Reestablish-
1170
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment, or Termination of Regulatory Agencies, the Asbestos
Licensing Board shall be terminated on April 1, 1990, and
this chapter and any other laws relating to such board shall
be repealed in their entirety effective on the date specified
in Code Section 43-2-8.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
PENAL INSTITUTIONS WARDENS AND
SUPERINTENDENTS DEPUTIZING PERSONS IN THEIR
EMPLOY; CONFERRING POLICE OFFICERS POWERS ON
PERSONS EMPLOYED BY THE COMMISSIONER OF
CORRECTIONS.
Code Sections 42-5-34 and 42-5-35 Amended.
No. 1559 (Senate Bill No. 436).
AN ACT
To amend Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to correctional institutions of the state and
counties, so as to permit wardens and superintendents to depu-
tize persons in their employ; to permit the commissioner of cor-
rections to confer police officer's power to necessary people in
his employment; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
1171
Section 1. Chapter 5 of Title 42 of the Official Code of
Georgia Annotated, relating to correctional institutions of the
state and counties, is amended by striking Code Section 42-5-
34 in its entirety and inserting in lieu thereof a new Code Section
42-5-34 to read as follows:
"42-5-34. Wardens and superintendents shall have au-
thority to deputize any person in their employ. Wardens,
superintendents, and their deputies are legally constituted
arresting officers, with or without warrants, for the purpose
of arresting persons violating Code Sections 42-5-14 through
42-5-18. Any person resisting arrest shall be dealt with as
the law directs for resisting an officer.
Section 2. Said chapter is further amended by striking
in its entirety Code Section 42-5-35, which reads as follows:
"42-5-35. (a) The board may adopt and promulgate
rules and regulations conferring all powers of a police officer
of this state, including, but not limited to, the power to make
summary arrests for violations of any of the criminal laws
of this state and the power to carry weapons, upon the com-
missioner, any deputy of the commissioner, any departmen-
tal investigator, any correctional officer of the department,
or any warden, deputy warden, assistant warden, superin-
tendent, deputy superintendent, assistant superintendent,
or correctional officer of any state or county institution oper-
ated under the jurisdiction of the department.
(b) All powers of a police officer of this state, including,
but not limited to, the power to make summary arrest for
violations of any of the criminal laws of this state and the
power to carry weapons, are conferred upon canine handlers
employed by the department when engaged in their official
duties or in the apprehension of any person, known or un-
known, regardless of whether that person has been previ-
ously convicted of or is only suspected of committing a crime.
(c) The department is authorized to assist local and
state law enforcement officers in the apprehension of persons
convicted of or suspected of committing a crime by making
canine handlers and canines trained in such apprehension
available to such law enforcement officers.,
1172
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof a new Code Section 42-5-35 to read
as follows:
"42-5-35. The commissioner may confer all powers of
a police officer of this state, including, but not limited to,
the power to make summary arrests for violations of any
of the criminal laws of this state and the power to carry
weapons, upon persons in his employment as he deems neces-
sary, provided that individuals so designated meet the re-
quirements specified in all applicable laws.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
EDUCATION INSURANCE; JOINT PURCHASE BY
BOARDS OF EDUCATION; JOINT SELF- INSURANCE
PROGRAMS; INTERLOCAL RISK MANAGEMENT
AGENCIES.
Code Sections 20-2-2001 through 20-2-2020 Enacted.
No. 1560 (Senate Bill No. 440).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to elementary, secondary, and adult educa-
tion, so as to authorize the joint purchase of insurance by boards
of education of county and independent school systems; to au-
thorize joint self-insurance programs for boards of education
and school systems; to provide for definitions; to provide for
GEORGIA LAWS 1986 SESSION
1173
contracts; to provide for interlocal risk management agencies
and the powers, duties, and management thereof; to provide
for plans and funds; to provide for the pooling of risks; to provide
for records, practices, and procedures; to provide for rules and
regulations; to provide for excess insurance; to provide for regu-
lation of joint self-insurance programs by the Commissioner of
Insurance; to provide for certificates of authority and applica-
tions for certificates of authority; to provide minimum surplus
requirements; to provide limitations on investments; to provide
for joint and several liability in self-insurance programs; to pro-
vide requirements for administrators and contracts with admin-
istrators; to provide for revocation or suspension of certificates
of authority; to provide for hearings; to provide for special assess-
ments; to provide exemptions from taxation; to provide for au-
dits and periodic examinations; to provide for construction; to
provide for all other matters relative to the foregoing; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to elementary, secondary, and adult
education, is amended by adding at the end thereof a new Article
28 to read as follows:
"ARTICLE 28
20-2-2001. As used in this article, the term:
(1) 'Administrator means any person who adminis-
ters a group self-insurance fund other than the interlocal
risk management agency.
(2) 'Board of education or 'board means a public
board of education of any county or of any independent
school system of this state.
(3) 'Commissioner means the Commissioner of In-
surance.
(4) 'Group self-insurance fund or 'fund means a
pool of public moneys established by an interlocal risk
1174 GENERAL ACTS AND RESOLUTIONS, VOL. I
management agency from contributions of its members
in order to pool the risks of public liability, motor vehicle
liability, property damage, or any combination of such
risks.
(5) 'Interlocal risk management agency or 'agency
means an association formed by boards of education by
the execution of an intergovernmental contract for the
development and administration of an interlocal risk
management program and one or more group self-insur-
ance funds.
(6) 'Interlocal risk management program means a
plan and activities carried out under such plan by an
interlocal risk management agency to reduce risk of loss
on account of public liability, motor vehicle liability, or
property damage, including safety engineering and other
loss prevention and control techniques, and to administer
one or more group self-insurance funds, including the
processing and defense of claims brought against mem-
bers of the agency.
(7) 'Motor vehicle liability means liability to which
a board of education or school system may be subject
either directly or by reason of liability arising out of
the use of a motor vehicle by its employee, agent, or
officer in the course and scope of employment.
(8) 'Property damage means loss to which a board
of education or school system may be subject by reason
of physical damage or destruction to real or personal
property owned or leased by such board of education or
school system.
(9) 'Public liability means liability for bodily injury,
death, or damage to property owned by others to which
a board of education or school system may be subject
either directly or by reason of liability arising out of
an act of its employee, agent, or officer in the course
and scope of employment.
(10) 'School system means any county school system
or any independent school system of any municipality
of this state.
GEORGIA LAWS 1986 SESSION
1175
20-2-2002. (a) A group of boards of education may ex-
ecute an intergovernmental contract among themselves to
form and become members of an interlocal risk management
agency. After an interlocal risk management agency has
been formed, any board of education may, subject to the
bylaws and requirements of such agency, become a member
and, through participation in the agency, may:
(1) Pool its public liability risks in whole or in part
with those of other boards of education;
(2) Pool its motor vehicle liability risks in whole or
in part with those of other boards of education;
(3) Pool its property damage risks in whole or in
part with those of other boards of education; or
(4) Jointly purchase public liability, motor vehicle
liability, or property damage insurance with other boards
of education participating in and belonging to the interlo-
cal risk management agency, the participating boards
of education to be coinsured under a master policy or
policies with the total premium apportioned among such
participants.
(b) There shall be only one interlocal risk management
agency established for boards of education; provided, how-
ever, if the Commissioner determines that there are special
or unique circumstances or special needs of groups of boards
of education which justify the establishment of an additional
interlocal risk management agency or agencies, he may au-
thorize the establishment of such additional agency or agen-
cies. Each agency may establish such group self-insurance
funds as may be authorized by the Commissioner of Insur-
ance.
(c) All arrangements and agreements made under the
authority of this article shall be in writing. A board of educa-
tion may become a member of an interlocal risk management
agency by the adoption of a resolution by the board of educa-
tion. The interlocal risk management agency shall operate
under such name and style as shall be provided in the inter-
governmental contract creating such agency and shall have
the power to bring and defend actions in all courts.
1176
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) All books, records, and files maintained by any ad-
ministrator of any fund established by the agency, including
but not limited to audit data and all active and inactive
claim files, shall at all times be the sole property of the
agency and shall be surrendered immediately to the agency
upon demand.
20-2-2003. Each intergovernmental contract establish-
ing an intergovernmental risk management agency shall
provide for a board of trustees which shall govern the agency.
Such board shall be authorized to administer the agency
in accordance with the provisions of the intergovernmental
contract establishing the agency and shall be authorized to
adopt such bylaws, rules, and regulations as may be neces-
sary or desirable in administering such agency.
20-2-2004. An interlocal risk management agency cre-
ated pursuant to this article is not an insurance company
or an insurer under Title 33, and the development and ad-
ministration by such agency of one or more group self-insur-
ance funds shall not constitute doing business as an insurer.
20-2-2005. (a) No interlocal risk management agency
shall establish a group self-insurance fund or funds until
such agency has been issued a certificate of authority by
the Commissioner of Insurance as provided in this Code sec-
tion and under such rules and regulations as the Commis-
sioner may promulgate to assure compliance with this arti-
cle.
(b) The Commissioner shall not be authorized to issue
any certificate of authority pursuant to this Code section
prior to April 30, 1987. Any application for a certificate of
authority pursuant to this Code section which is filed prior
to March 1, 1987, shall be updated by the applicant in order
to comply with any statute, rule, or regulation which may
be promulgated or enacted prior to the issuance of the certifi-
cate of authority.
(c) When applying for a certificate of authority, an inter-
local risk management agency shall file with the Commis-
sioner an application setting forth:
(1) The name of the agency;
GEORGIA LAWS 1986 SESSION
1177
(2) The location of the agencys principal office;
(3) The names and addresses of the members of the
agency;
(4) The names and addresses of the members of each
fund;
(5) The name and address of a Georgia resident des-
ignated and appointed as each funds proposed registered
agent for service of process in this state;
(6) The names and addresses of the members of the
board of trustees of the agency;
(7) A copy of the bylaws of the agency;
(8) A copy of the intergovernmental contract estab-
lishing the agency;
(9) A copy of the agreement or agreements establish-
ing each fund;
(10) A copy of any agreements between the agency,
any fund of the agency, and any administrator of a fund;
(11) A statement of the financial condition of the
agency and each fund of the agency listing all of their
assets and liabilities as of the end of the last preceding
month prior to the date of the application on such a
form as may be prescribed by the Commissioner;
(12) A copy of each contract, endorsement, and appli-
cation form proposed to be issued or used in connection
with each fund. Such contracts, endorsements, applica-
tions, or revisions thereto shall be filed with and approved
by the Commissioner prior to their use; and
(13) A copy of the rates, rating systems, and rates
proposed to be used in connection with each fund. Such
rates, rating systems, rules, and any revision thereto
shall be filed with and approved by the Commissioner
prior to their use.
1178 GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) A fund authorized by this article may be established
by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and public liabil-
ity fund shall generate an annual gross premium of not
less than $300,000.00;
(2) For each property damage fund shall generate
an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle lia-
bility or public liability with property damage shall gen-
erate an annual gross premium of not less than $500,-
000.00; or
(4) For each fund which includes motor vehicle lia-
bility, public liability, and property damage shall gener-
ate an annual gross premium of not less than $800,-
000.00.
20-2-2006. (a) The Commissioner shall examine the
application made under Code Section 20-2-2005 to determine
whether the agency and any established fund will be able
to comply with this article and applicable rules and regula-
tions. If the Commissioner finds that the agency and any
established fund are capable of complying with such require-
ments, he shall issue a certificate of authority to the agency.
Ob) If the Commissioner refuses to issue a certificate
of authority, he shall issue an order setting forth the reasons
for refusal and forward it to the agency. A copy of the order
shall be sent to each member of the fund.
(c) Except as otherwise provided in subsection (b) of
Code Section 20-2-2005, the Commissioner shall approve or
disapprove the application for a certificate of authority
within 60 days of receipt by him of the application and all
of the supporting information requested.
(d) The Commissioner may refuse to issue or renew or
may suspend or revoke the certificate of authority of any
agency, in accordance with Code Section 20-2-2012, for fail-
ure of the agency to comply with any provision of this article
GEORGIA LAWS 1986 SESSION
1179
or with any of the rules, regulations, or orders of the Commis-
sioner issued pursuant thereto.
(e) The certificate shall be renewed annually in accor-
dance with rules and regulations promulgated by the Com-
missioner.
20-2-2007. Each fund formed pursuant to this article
shall possess and thereafter maintain minimum surplus in
an amount such as the Commissioner may reasonably estab-
lish or subsequently require for the protection of the mem-
bers. The Commissioner may authorize a fund to maintain
a deposit consisting of securities eligible for deposit by domes-
tic insurance companies in accordance with Chapter 12 of
Title 33 or, for a period not to exceed 60 months, to post a
surety bond in lieu of maintaining the minimum surplus
required by this Code section.
20-2-2008. The investable assets of a fund may be in-
vested in securities or other investments permitted by the
laws of this state for the investment of assets constituting
the legal reserves of property and casualty insurance compa-
nies or in such other securities or investments as the Com-
missioner may permit such insurers to invest their funds
under Title 33. Such investments shall be subject to the
same terms, conditions, and limitations which apply to prop-
erty and casualty insurance companies under Title 33.
20-2-2009. Each board of education shall be jointly and
severally liable for all legal obligations of a fund which arise
out of an event which occurred while such board was a mem-
ber of such fund; provided, however, that a fund shall not
assume a risk greater than an amount to be determined
by the Commissioner; and provided, further, that this legal
obligation may be enforced by an assessment against such
member as provided in the bylaws of the agency.
20-2-2010. (a) If an agency contracts with an adminis-
trator, the agency and the administrator must enter into
a written agreement which shall be subject to review and
approval by the Commissioner in accordance with this Code
section and which shall contain at least the following:
(1) A contractual provision obligating the adminis-
trator to obtain and maintain such bonds, deposits, or
1180 GENERAL ACTS AND RESOLUTIONS, VOL. I
insurance coverage as may be required to be maintained
by this article; and
(2) A requirement that errors and omissions cover-
age or other appropriate liability insurance in an amount
which is not less than that specified by the rules and
regulations of the Commissioner be maintained at all
times by the administrator.
(b) The terms of any such agreement shall be reasonable
and equitable, and the agreement and any amendments
thereto shall be filed with the Commissioner at least 30 days
prior to their use. Any such agreement and any and all
amendments thereto which have not been specifically disap-
proved by the Commissioner within 30 days after the filing
thereof shall be deemed to be approved.
(c) A copy of the agreement and any and all amend-
ments thereto shall be furnished to each agency or fund
member upon request.
20-2-2011. (a) The Commissioner shall require each
administrator to have and maintain a fidelity bond in an
amount which the Commissioner deems appropriate but
which is not less than $100,000.00.
(b) Errors and omissions coverage or other appropriate
liability insurance in an amount which is not less than that
specified by the rules and regulations of the Commissioner
shall be maintained at all times by an administrator of a
fund; and a certificate by the insurer or other appropriate
evidence of such coverage shall be filed with the Commis-
sioner by the fund.
(c) Each administrator shall maintain an office in this
state for the payment, processing, and adjustment of the
claims of the fund or funds which it represents.
20-2-2012. (a) The Commissioner may revoke, sus-
pend, or refuse to issue or renew the certificate of authority
of any agency when and if, after investigation, he finds that:
(1) Any certificate of authority issued to the agency
was obtained by fraud;
GEORGIA LAWS 1986 SESSION
1181
(2) There was any material misrepresentation in the
application for the certificate of authority;
(3) The agency, any fund established by the agency,
the administrator of a fund, or any marketing represen-
tative has otherwise shown itself to be untrustworthy
or incompetent;
(4) The agency, any fund established by the agency,
the administrator of a fund, or any marketing represen-
tative has violated any of the provisions of this article
or the rules and regulations of the Commissioner promul-j!
gated pursuant to this article;
(5) The agency, any fund established by the agency,
or the administrator of a fund has misappropriated, con-
verted, illegally withheld, or refused to pay over upon
proper demand any moneys which belong to a member
or a person otherwise entitled thereto and which have
been entrusted to the agency, fund, or administrator in
its fiduciary capacities; or
(6) The agency or any fund established by the
agency is found to be in an unsound condition or in such
condition as to render its future transaction of business
in this state hazardous to its members.
(b) Before the Commissioner shall revoke, suspend, or
refuse to issue or renew the certificate of authority of any
agency, he shall give the agency an opportunity to be fully
heard and to introduce evidence in its behalf. In lieu of revok-
ing, suspending, or refusing to issue or renew the certificate
of authority of any agency for any of the causes enumerated
in this Code section, after hearing as provided in this Code
section, the Commissioner may place the fund and its admin-
istrator on probation for a period of time not to exceed one
year when, in his judgment, he finds that the public interest
and the interests of the funds members would not be harmed
by the continued operation of the fund. At any hearing pro-
vided for by this Code section, the Commissioner or his desig-
nee shall have authority to administer oaths to witnesses.
Any witness testifying falsely after taking an oath commits
the offense of perjury.
1182
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) No fund shall be voluntarily dissolved or otherwise
voluntarily cease to function unless:
(1) Written approval is first obtained from the Com-
missioner; and
(2) The Commissioner determines that all claims
and other legal obligations of the fund have been paid
or that adequate provisions for such payment have been
made.
20-2-2013. Interlocal risk management agencies and
funds established by such agencies shall be exempt from
state and local taxes and fees.
20-2-2014. The Commissioner shall have the authority
to require and conduct periodic examinations to verify the
solvency of funds in the same manner and under the same
conditions as insurers are examined under Chapter 2 of Title
33.
20-2-2015. (a) If the assets of a fund are at any time
insufficient to enable a fund to discharge its legal liabilities
and other obligations and to maintain the reserves and sur-
plus required of it under this article, the agency shall forth-
with make up the deficiency or levy an assessment upon
the members of the fund for the amount needed to make
up the deficiency.
(b) If the agency fails to make up the deficiency or to
make the required assessment of the fund members within
30 days after the Commissioner orders it to do so or if the
deficiency is not fully made up within 60 days after the date
on which any such assessment is made or within such longer
period of time as may be specified by the Commissioner,
the fund shall be deemed to be insolvent and shall be pro-
ceeded against in the same manner as are domestic insurers
under Chapter 37 of Title 33; and the Commissioner shall
have the same powers and limitations in such proceedings
as are provided under that chapter, except as otherwise pro-
vided for in this article.
(c) If the liquidation of a fund is ordered, an assessment
shall be levied upon its members for such an amount as
GEORGIA LAWS 1986 SESSION
1183
the Commissioner determines to be necessary to discharge
all liabilities of the fund, including the reasonable costs of
liquidation.
20-2-2016. The Commissioner shall have authority to
promulgate rules and regulations to effectuate the provisions
of this article.
20-2-2017. Any party which is aggrieved by any act,
determination, order, or any other action of the Commis-
sioner taken pursuant to this article may request a hearing
before the Commissioner or otherwise proceed in accordance
with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.
20-2-2018. An interlocal risk management agency shall
maintain at all times a contract or contracts of specific excess
insurance and aggregate excess insurance in amounts which
shall be determined by the Commissioner.
20-2-2019. Each fund established under this article
shall have an annual audit of its books and accounts per-
formed by a certified public accountant. Such audit shall
be conducted in accordance with generally accepted account-
ing principles. A copy of such audit shall be made available
to fund members.
20-2-2020. The exercise by a board of education of the
authority provided in this article shall not constitute the
provision of liability insurance protection under Article I,
Section II, Paragraph IX of the Constitution of the State
of Georgia.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
1184
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLE INSURANCE PERSONAL MOTOR
VEHICLES OF LAW ENFORCEMENT OFFICERS;
SURCHARGES; MULTI-VEHICLE ACCIDENTS.
Code Sections 33-9-39 and 33-9-40 Enacted.
No. 1561 (Senate Bill No. 447).
AN ACT
To amend Chapter 9 of Title 33 of the Official Code of Georgia
Annotated, relating to the regulation of insurance rule making,
insurance rates, and related organizations, so as to provide that
insurers shall not surcharge the premium or rate charged for
a policy of motor vehicle insurance which provides coverage
for the personal motor vehicles of a law enforcement officer
under certain circumstances; 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 insurance rule
making, insurance rates, and related organizations, is amended
by adding at the end thereof a new Code section, to be designated
Code Section 33-9-39, to read as follows:
"33-9-39. No insurer shall surcharge the premium or
rate charged on a policy of motor vehicle insurance, which
provides coverage for the personal motor vehicles of any
law enforcement officer in this state, any accident:
(1) Which occurred while the law enforcement offi-
cer was lawfully engaged in the performance of official
duties; and
(2) Which occurred while the law enforcement offi-
cer was driving an official vehicle of the law enforcement
agency; and
(3) For which the law enforcement officer furnishes
proof, in the form of copies of the law enforcement agen-
GEORGIA LAWS 1986 SESSION
1185
cys documents, to the insurer of the conditions provided
in paragraphs (1) and (2) of this Code section.
33-9-40. No insurer shall surcharge the premium or
rate charged on a policy of motor vehicle insurance or cancel
such policy as a result of the insured persons involvement
in a multi-vehicle accident when such person was not at
fault in such accident.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
MOTOR VEHICLES AND TRAFFIC LIGHTS ON
WRECKERS AND VEHICLES TOWED BY WRECKERS.
Code Section. 40-8-21 Amended.
No. 1562 (Senate Bill No. 463).
AN ACT
To amend Code Section 40-8-21 of the Official Code of Georgia
Annotated, relating to the visibility and mounting of lights on
vehicles, so as to require tail lights, brake lights, and turn signals
to be mounted on wreckers or on vehicles being towed by wreck-
ers so as to be visible to the drivers of vehicles following such
wreckers; to provide a definition; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 40-8-21 of the Official Code of Geor-
gia Annotated, relating to the visibility and mounting of lights
on vehicles, is amended by striking subsection (b) and inserting
in lieu thereof new subsections (b) and (c) to read as follows:
1186 GENERAL ACTS AND RESOLUTIONS, VOL. I
"Gj) Except as provided in subsection (c) of this Code
section, whenever this article declares the required mounted
height of lights or devices, it shall mean the distance from
the center of such light or device to the level ground upon
which the vehicle stands when such vehicle is without a
load.
(c) (1) As used in this subsection, the term 'wrecker
means any vehicle designed to tow other vehicles.
(2) Except as provided in paragraph (3) of this sub-
section, the tail lights required by Code Section 40-8-23,
the brake lights required by Code Section 40-8-26, and
the rear turn signal devices required by Code Section
40-8-26 shall be permanently mounted on a wrecker so
as to be visible above any vehicle being towed by such
wrecker by the drivers of vehicles following such
wrecker.
(3) If a wrecker is not permanently equipped with
lights as required by paragraph (2) of this subsection,
then whenever a wrecker is towing another vehicle tem-
porary tail lights, brake lights, and rear turn signals
which function so as to signal the actions of the wrecker
shall be attached to the vehicle being towed so as to be
visible by the drivers of vehicles following such wrecker.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1187
EMINENT DOMAIN STATE COMMISSION ON THE
CONDEMNATION OF PUBLIC PROPERTY CREATED;
ACQUISITION OF PUBLIC PROPERTY.
Code Sections 20-3-58, 22-2-130, 32-3-4, 32-6-112,
and 50-16-44 Amended.
Code Sections 50-16-180 through 50-16-183 Enacted.
No. 1565 (House Bill No. 1361).
AN ACT
To amend Chapter 16 of Title 50 of the Official Code of Geor-
gia Annotated, relating to public property, so as to create the
State Commission on the Condemnation of Public Property; to
provide definitions; to provide for the membership and the pow-
ers and duties of the commission; to provide for the acquisition
of public property or an interest therein by certain state agencies
by condemnation and the power of eminent domain; to authorize
certain state agencies to acquire public property or any interest
therein by condemnation and the power of eminent domain;
to specify procedures and limitations in acquiring public prop-
erty or any interest therein; to provide that determinations and
rule making of the commission shall not be subject to the "Geor-
gia Administrative Procedure Act; to provide for other matters
relative to the foregoing; to amend Code Section 20-3-58 of the
Official Code of Georgia Annotated, relating to the condemna-
tion of private property by the Board of Regents of the Univer-
sity System of Georgia, so as to provide that the board of regents
may acquire public property or an interest therein by condemna-
tion under certain circumstances; to amend Code Section 22-
2-130 of the Official Code of Georgia Annotated, relating to the
authority to condemn private property by petition to the supe-
rior court for judgment in rem, so as to provide that such con-
demnation procedure shall apply to the condemnation of public
property or an interest therein by certain state agencies; to
amend Code Section 32-3-4 of the Official Code of Georgia Anno-
tated, relating to the condemnation of private property and prop-
erty interests for public road purposes, so as to provide that
certain condemnation procedures shall apply to the condemna-
tion of public property or an interest therein by the Department
of Transportation; to amend Code Section 32-6-112 of the Official
1188
GENERAL ACTS AND RESOLUTIONS, VOL. I
Code of Georgia Annotated, relating to the acquisition of prop-
erty and property rights for limited-access roads, so as to revise
the provisions thereof; to provide for the acquisition of public
property or an interest therein by condemnation for limited-
access road purposes by the Department of Transportation un-
der certain circumstances; to amend Code Section 50-16-44 of
the Official Code of Georgia Annotated, relating to the power
of eminent domain and the State Properties Commission, so
as to provide for the acquisition of public property or an interest
therein by condemnation by the commission; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 16 of Title 50 of the Official Code of
Georgia Annotated, relating to public property, is amended by
adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
50-16-180. (a) As used in this article, the term:
(1) 'Commission means the State Commission on
the Condemnation of Public Property created by Code
Section 50-16-181.
(2) 'Public property means any real property lo-
cated within the State of Georgia in which a legal or
equitable interest is held by:
(A) The State of Georgia or any department, divi-
sion, board, bureau, commission, or other agency of
the executive branch of state government;
(B) Any county, municipality, county or inde-
pendent school district, or other political subdivision
of the state or any agency of any such political subdi-
vision;
(C) Any public authority or other public corpora-
tion which is a body politic of the state or of any
county, municipality, or other political subdivision
of the state; or
GEORGIA LAWS 1986 SESSION
1189
(D) Any governmental body or governmental en-
tity of this state not covered by subparagraph (A),
(B), or (C) of this paragraph.
(3) 'State agency means the State of Georgia; any
department, division, board, bureau, commission, or
other agency of the executive branch of state govern-
ment, excluding the Department of Transportation and
the Board of Regents of the University System of Georgia,
which under the laws of the state has the power and
authority to acquire private property by condemnation
and the power of eminent domain; or any state authority
which under the laws of the state has the power and
authority to acquire private property by condemnation
and the power of eminent domain.
50-16-181. (a) There is created the State Commission
on the Condemnation of Public Property consisting of the
Governor, ex officio; Lieutenant Governor, ex officio; Secre-
tary of State, ex officio; Commissioner of Agriculture, ex
officio; Commissioner of Insurance, ex officio; state auditor,
ex officio; and the Commissioner of Labor, ex officio.
(b) The Governor shall be the chairman of the commis-
sion and the Lieutenant Governor shall be the vice-chair-
man. Four members of the commission shall constitute a
quorum. No vacancy on the commission shall impair the
right of the quorum to exercise the powers and perform
the duties of the commission. With the sole exception of
approving the condemnation of public property, which ap-
proval shall require four affirmative votes of the membership
of the commission present and voting at any meeting, the
business, powers, and duties of the commission may be trans-
acted, exercised, and performed by a majority vote of the
commission members present and voting at a meeting when
more than a quorum is present and voting or by a majority
vote of a quorum when only a quorum is present and voting
at a meeting. An abstention in voting shall be considered
as that member not being present and not voting in the
matter on which the vote is taken.
(c) Meetings shall be held on the call of the chairman,
vice-chairman, or two commission members whenever neces-
1190 GENERAL ACTS AND RESOLUTIONS, VOL. I
sary to the performance of the duties of the commission.
Minutes or transcripts shall be kept of all meetings of the
commission. Each commission member shall be given, not
less than three days prior to the meeting, written notice
of the date, time, and place of each meeting of the commis-
sion.
(d) The commission shall adopt a seal for its use and
may adopt bylaws for its internal government and proce-
dures.
(e) Members of the commission shall receive only their
traveling and other actual expenses incurred in the perfor-
mance of their official duties as commission members.
50-16-182. The commission, in addition to other powers
and duties set forth in this article, shall have the power
and duty to approve the acquisition of public property by
condemnation and the power of eminent domain by the De-
partment of Transportation; the Board of Regents of the
University System of Georgia; or the State Properties Com-
mission, acting for and on behalf of a state agency.
50-16-183. (a) If the Department of Transportation;
the Board of Regents of the University System of Georgia;
or a state agency, acting by and through the State Properties
Commission, needs to acquire public property or any interest
in public property in carrying out its duties and responsibili-
ties, such public property or interest therein may be acquired
by condemnation and the power of eminent domain. The
procedures to be followed in such acquisitions shall be those
set forth in the laws applicable to the Department of Trans-
portation; the Board of Regents of the University System
of Georgia; and the State Properties Commission, acting for
and on behalf of a state agency, respectively, relating to
the acquisition of public property or any interest therein
by condemnation and the power of eminent domain. In addi-
tion to the requirements and procedures set forth in such
laws, the Department of Transportation; the Board of Re-
gents of the University System of Georgia; and the State
Properties Commission, acting for and on behalf of a state
agency, shall not acquire public property or any interest
therein by condemnation until such acquisition has been
GEORGIA LAWS 1986 SESSION
1191
approved by the commission as provided in this Code section;
provided, however, that the commissions approval shall not
be required if the interest held by the governmental entity
specified in paragraph (2) of subsection (a) of Code Section
50-16-180 in the property is a tax lien, a mortgage, or both.
Go) The acquisition of public property or an interest
therein by condemnation by the Department of Transporta-
tion; the Board of Regents of the University System of Geor-
gia; and the State Properties Commission, acting for and
on behalf of a state agency, shall first be approved by the
commission. If the Department of Transportation; the Board
of Regents of the University System of Georgia; or the State
Properties Commission, acting for and on behalf of a state
agency, wishes to acquire public property or an interest
therein by condemnation, it shall apply to the commission
for approval of such acquisition. The commission may re-
quire the submission of such information by the Department
of Transportation; the Board of Regents of the University
System of Georgia; and the State Properties Commission,
acting for and on behalf of a state agency, and by the owner
or representatives of the owner of the public property as
the commission may reasonably require for the consider-
ation of the application. If the commission determines that
the acquisition of the public property by condemnation is
reasonable, necessary, and in the public interest, it shall
grant its approval for such acquisition. The determination
of the commission shall be final. The commission shall make
its determination within 30 days after the commission re-
ceives the information required by the commission for the
consideration of the application of the state agency and in
no event longer than 90 days after receipt of the application.
If the commission approves the condemnation, it shall for-
ward a resolution to that effect to the applicant seeking such
approval.
(c) When the approval of the acquisition of public prop-
erty or an interest therein by condemnation is granted by
the commission, the Department of Transportation; the
Board of Regents of the University System of Georgia; or
the State Properties Commission, acting for and on behalf
of a state agency, may acquire the public property or interest
therein pursuant to the procedures specified in the applica-
1192
GENERAL ACTS AND RESOLUTIONS, VOL. I
ble laws. A copy of the resolution approving the acquisition
adopted by the commission shall accompany the notice of
condemnation and shall accompany any condemnation peti-
tion filed in superior court.
(d) Consistent with the provisions of this article, the
commission may adopt such rules and regulations as may
be necessary to enable the commission to carry out effectively
and efficiently the powers and duties assigned to the commis-
sion by this article. The commission may utilize the resources
of any department or agency of the state, including specifi-
cally the State Properties Commission, to assist it in making
any determinations required by the provisions of this article
and may appoint such hearing officers or other investigators
as it deems proper to receive public comment and make
reports or recommendations to the commission.
(e) The commission shall not be subject to Chapter 13
of Title 50, known as the 'Georgia Administrative Procedure
Act.
Section 2. Code Section 20-3-58 of the Official Code of Geor-
gia Annotated, relating to the condemnation of private property
by the Board of Regents of the University System of Georgia,
is amended by striking said Code section in its entirety and
substituting in lieu thereof a new Code Section 20-3-58 to read
as follows:
"20-3-58. (a) The board of regents is authorized to take
or damage, by condemnation, private property for public
purposes of the university system upon paying or tendering
to the owner thereof just compensation. Condemnation pro-
ceedings by the board may take the forms provided in Chap-
ter 2 of Title 22.
(b) The board of regents is also authorized to acquire
public property or an interest therein by condemnation and
the power of eminent domain when such acquisition is ap-
proved by the State Commission on the Condemnation of
Public Property as provided in Code Section 50-16-183. Con-
demnation proceedings by the board may take the forms
provided in Article 3 of Chapter 2 of Title 22. As used in
this subsection, the term 'public property has the meaning
provided for in Code Section 50-16-180.
GEORGIA LAWS 1986 SESSION
1193
Section 3. Code Section 22-2-130 of the Official Code of
Georgia Annotated, relating to the authority to condemn private
property by petition to the superior court for judgment in rem,
is amended by striking said Code section in its entirety and
substituting in lieu thereof a new Code Section 22-2-130 to read
as follows:
"22-2-130. (a) Whenever the government of the State
of Georgia, the United States government, or any person
having the privilege of exercising the right of eminent do-
main desires to take or damage private property in pur-
suance of any law so authorizing and finds or believes that
the title of the apparent or presumptive owner of such prop-
erty is defective, doubtful, incomplete, or in controversy or
that there are or may be unknown persons or nonresidents
who have or may have some claim or demand thereon or
some actual or contingent interest or estate therein or that
there are minors or persons under disability who are or may
be interested therein or that there are taxes due or that
should be paid thereon or concludes for any reason that it
is desirable to have a judicial ascertainment of any question
connected with the matter, such government or person may,
through any authorized representative, petition the superior
court of the county having jurisdiction for a judgment in
rem against the property or interest, condemning the same
to the use of the petitioner upon payment of just and ade-
quate compensation therefor to the person or persons enti-
tled to such payment.
(b) Notwithstanding the provisions of subsection (a) of
this Code section, the provisions of this article shall also
apply to the acquisition of public property or an interest
therein by condemnation and the power of eminent domain.
As used in this subsection, the term 'public property has
the meaning provided for in Code Section 50-16-180.
Section 4. Code Section 32-3-4 of the Official Code of Geor-
gia Annotated, relating to the condemnation of private property
and property interests for public road purposes, is amended by
striking said Code section in its entirety and substituting in
lieu thereof a new Code Section 32-3-4 to read as follows:
"32-3-4. (a) Whenever any state agency, county, or
municipality desires to take or damage private property,
1194 GENERAL ACTS AND RESOLUTIONS, VOL. I
including scenic easements, air rights, rights of access, and
other interests in land for public road purposes or for any
other public transportation purposes and shall find or be-
lieve, concerning which the decision of the condemning au-
thority shall be final and conclusive, that the title of the
apparent or presumptive owner of such property is defective,
doubtful, incomplete, or in controversy, or that there are
or may be unknown persons or nonresidents who have or
may have some claim or demand thereon or some actual
or contingent interest or estate therein, or that there are
minors or persons under disability who are or may be inter-
ested therein, or that there are taxes due or that should
be paid thereon, or shall for any reason conclude that it is
desirable to have a judicial ascertainment of any question
connected with the matter, such state agency, county, or
municipality, through any authorized representative, may
file a proceeding in rem in the superior court of the county
having jurisdiction condemning the property or interests to
the use of the petitioner upon payment of just and adequate
compensation therefor to the person or persons entitled to
such payment.
(b) When the acquisition of public property or an inter-
est therein is necessary for public road purposes, including
limited-access roads provided for by Article 4 of Chapter 6
of this title, the department may acquire such public prop-
erty or interest therein by condemnation and the power of
eminent domain when such acquisition is approved by the
State Commission on the Condemnation of Public Property
as provided in Code Section 50-16-183. The procedures for
the condemnation of property provided for in this Code sec-
tion and Code Sections 32-3-5 through 32-3-19 of this article
and the procedures provided for the condemnation of prop-
erty in Article 3 of Chapter 2 of Title 22 and the procedures
provided for the condemnation of property in Article 2 of
Chapter 2 of Title 22 when the property sought is a public
cemetery shall apply to the condemnation of public property
or an interest therein by the department. As used in this
subsection, the term 'public property has the meaning pro-
vided for in Code Section 50-16-180.
Section 5. Code Section 32-6-112 of the Official Code of
Georgia Annotated, relating to the acquisition of property and
GEORGIA LAWS 1986 SESSION
1195
property rights for limited-access roads, is amended by striking
said Code section in its entirety and substituting in lieu thereof
a new Code Section 32-6-112 to read as follows:
"32-6-112. The department, a county, or a municipality
may acquire private property and property rights for limited-
access facilities and service roads, including rights of access,
of view, of air, and of light through gift, devise, purchase,
or condemnation in the same manner as such governmental
units are authorized by law to acquire such property or prop-
erty rights in connection with public roads within their re-
spective jurisdictions. Public property or an interest therein
may be acquired for such purposes by the department or
by a county or municipality by any method authorized by
law for such acquisition other than condemnation. The acqui-
sition of public property or an interest therein for such pur-
poses by condemnation may be accomplished by the depart-
ment pursuant to the provisions of subsection (b) of Code
Section 32-3-4 when such acquisition is approved by the State
Commission on the Condemnation of Public Property as pro-
vided in Code Section 50-16-183. As used in this Code section,
the term 'public property has the meaning provided for in
Code Section 50-16-180. In the process of acquiring property
or property rights for any limited-access facility, the depart-
ment or the county or municipality, in its discretion, may
acquire an entire lot, block, or tract of land if, by so doing,
the interest of the public will best be served.
Section 6. Article 2 of Chapter 16 of Title 50 of the Official
Code of Georgia Annotated, known as the "State Properties
Code, is amended by striking Code Section 50-16-44, relating
to the acquisition of property by the State Properties Commis-
sion by the power of eminent domain, in its entirety and substi-
tuting in lieu thereof a new Code Section 50-16-44 to read as
follows:
"50-16-44. (a) The commission, acting for and on be-
half of and in the name of the state, is empowered to take
or damage by condemnation and the power of eminent do-
main for the public purposes of the state any private prop-
erty upon first paying or tendering just and adequate com-
pensation to the owner of such private property. The power
of eminent domain shall be cumulative of any other power
1196 GENERAL ACTS AND RESOLUTIONS, VOL. I
of eminent domain provided by law. Condemnation proceed-
ings by the commission, acting for and on behalf of and in
the name of the state, shall take the form provided in Chap-
ter 1 of Title 22 and Articles 1 and 2 of Chapter 2 of Title
22 or the form provided in Article 3 of Chapter 2 of Title
22. The power of condemnation and eminent domain to take
or damage private property authorized by this Code section
shall neither supersede nor abridge the powers of condemna-
tion and eminent domain to take or damage private property
given severally to the Department of Transportation and
the Board of Regents of the University System of Georgia.
(b) The commission, acting for and on behalf of and
in the name of the state, is also authorized to acquire public
property or an interest therein by condemnation and the
power of eminent domain when such acquisition is approved
by the State Commission on the Condemnation of Public
Property as provided in Code Section 50-16-183. Condemna-
tion proceedings by the commission shall take the form pro-
vided in Article 3 of Chapter 2 of Title 22. As used in this
subsection, the term 'public property has the same meaning
provided for in Code Section 50-16-180.
Section 7. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 8. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1197
SAM P. MCGILL EXHIBITION BUILDING DESIGNATED.
No. 90 (House Resolution No. 691).
A RESOLUTION
Providing for the designation of the "Sam P. McGill Exhi-
bition Building; and for other purposes.
WHEREAS, in 1985, the General Assembly of Georgia cre-
ated the Georgia Agricultural Exposition Authority for the pur-
pose of constructing and operating the Georgia Agricultural
Exposition Center; and
WHEREAS, this center will serve as a showplace for agricul-
ture, will perform important educational functions, will promote
the State of Georgia, and will attract numerous visitors to our
state; and
WHEREAS, Honorable Sam P. McGill of the 24th District
has served with distinction, dedication, and ability as a member
of the Senate for 24 years; and
WHEREAS, during his service as chairman of the Commit-
tee on Agriculture of the Senate, Honorable Sam P. McGill has
worked tirelessly to improve the lives of Georgias farmers who
are engaged in agriculture and agribusiness, has fought for im-
provements in agricultural education, has encouraged young
people to enter agriculture, and has fought to save the family
farm; and
WHEREAS, the members of this body and the citizens of
this state could have no better friend than Honorable Sam P.
McGill.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Georgia Agricultural
Exposition Authority is authorized and requested to designate
the main exhibition building at the Georgia Agricultural Exposi-
tion Center as the "Sam P. McGill Exhibition Building and
to affix an appropriate plaque at the entrance to such building
for that purpose.
1198
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT FURTHER RESOLVED that the Clerk of the House
of Representatives is authorized and directed to transmit appro-
priate copies of this resolution to Honorable Sam P. McGill
and to the Georgia Agricultural Exposition Authority.
Approved April 7, 1986.
HENRY L. REAVES ARENA DESIGNATED.
No. 91 (House Resolution No. 690).
A RESOLUTION
Providing for the designation of the "Henry L. Reaves
Arena; and for other purposes.
WHEREAS, in 1985, the General Assembly of Georgia cre-
ated the Georgia Agricultural Exposition Authority for the pur-
pose of constructing and operating the Georgia Agricultural
Exposition Center; and
WHEREAS, this center will serve as a showplace for agricul-
ture, will perform important educational functions, will promote
the State of Georgia, and will attract numerous visitors to our
state; and
WHEREAS, Honorable Henry L. Reaves of the 147th District
has served with distinction, dedication, and ability as a member
of the House of Representatives since 1963; and
WHEREAS, during his service as chairman of the Commit-
tee on Agriculture and Consumer Affairs, Honorable Henry L.
Reaves has worked tirelessly to improve the lives of the men
and women of this state who are engaged in agriculture and
agribusiness, has fought for improvements in agricultural edu-
cation, has encouraged young people to enter agriculture, and
has fought to save the family farm; and
GEORGIA LAWS 1986 SESSION
1199
WHEREAS, the members of this body and the citizens of
this state could have no better friend than Honorable Henry
L. Reaves.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Georgia Agricultural
Exposition Authority is authorized and requested to designate
the show arena at the Georgia Agricultural Exposition Center
as the "Henry L. Reaves Arena and to affix an appropriate
plaque at the entrance to the arena for that purpose.
BE IT FURTHER RESOLVED that the Clerk of the House
of Representatives is authorized and directed to transmit appro-
priate copies of this resolution to Honorable Henry L. Reaves
and to the Georgia Agricultural Exposition Authority.
Approved April 7, 1986.
LOUIE DEVOTIE NEWTON PORTRAIT PLACED IN THE
STATE CAPITOL.
No. 92 (House Resolution No. 720).
A RESOLUTION
Commending Louie DeVotie Newton and authorizing the
placing of his portrait in the State Capitol Building; and for
other purposes.
WHEREAS, Louie D. Newton, "Mr. Baptist, has given un-
paralleled leadership to Baptists around the globe for over six
decades; and
WHEREAS, since receiving his degree from Mercer Univer-
sity in 1913, Mr. Newton has been a history professor, a newspa-
per reporter, an editor, and a pastor; and
1200 GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, he has held almost every elected and appointed
leadership position in the Baptist denomination and has been
the guiding light behind development of the finest religious
agencies and institutions in the nation; and
WHEREAS, Mr. Newton has counseled with presidents and
shepherded the lowly, fearlessly crusading for political integrity
and civic morality; and
WHEREAS, Mr. Newton has been a writer for The Chris-
tian Index, the Georgia Baptist weekly magazine, for over 60
years and has broadcast a weekly program on WGST radio for
over 50 years; and
WHEREAS, Mr. Louie DeVotie Newton has received numer-
ous honors and awards over the years for his numerous civic
contributions; and
WHEREAS, Mr. Louie DeVotie Newtons life testifies to his
loyalty to the Scriptures and his loyalty, passion, and zeal for
following the call and will of God in all of life; and
WHEREAS, it is only fitting and proper that Mr. Louie De-
Votie Newton be recognized for his many dedicated years of
service to the people of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that this body does commend
Mr. Louie DeVotie Newton and does recognize his outstanding
service by directing that a portrait of Louie D. Newton be placed
at an appropriate location, as close as possible to that of Bishop
Moore, on the third floor of the State Capitol Building.
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 Mr. Louie D. Newton.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1201
CULVER KIDD MEDICAL AND SURGICAL BUILDING AND
JOE T. WOOD WAR VETERANS NURSING HOME
DESIGNATED.
No. 93 (Senate Resolution No. 361).
A RESOLUTION
Providing for the designation of the Culver Kidd Medical
and Surgical Building and the Joe T. Wood War Veterans Nurs-
ing Home; and for other purposes.
WHEREAS, the record of public service for the people of
Baldwin County and the State of Georgia attained by Culver
Kidd is an admirable one; and
WHEREAS, Culver Kidd served as a Baldwin County com-
missioner for ten years, a state representative for 12 years, and
has served as a state senator for 23 years; and
WHEREAS, through his leadership, legislation has trans-
formed the concept of care and service for mentally ill adults
and has improved the care of retarded children; and
WHEREAS, he has worked to utilize effectively the buildings
and facilities of Central State Hospital and was instrumental
in renovating facilities at the hospital for the Department of
Corrections; and
WHEREAS, as a further result of his dedication, there has
been built at the hospital a medical and surgical facility serving
the mentally ill, the mentally retarded, disabled veterans, and
prison inmates; and
WHEREAS, Joe T. Wood joined the American Legion and
the Veterans of Foreign Wars organizations in February, 1946,
immediately upon his return from 38 months of active duty
with the United States Army primarily in the Pacific Theater
of Operations; and
WHEREAS, Joe T. Wood has been a continuous member
of both veterans organizations for over 40 years; and
1202 GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, he served as State Commander of the VFW in
1953-54 and as a member of the board of the Department of
Veterans Service from 1954-59; and
WHEREAS, he has served in a national office of the VFW,
including Chief of Staff, every year since 1954; and
WHEREAS, there is not a person in Georgia who has worked
longer and harder on behalf of the veterans of this state and
their families than Joe T. Wood.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that the Board of Human
Resources is authorized and directed to designate the medical
and surgical facility on the grounds of Central State Hospital
as the Culver Kidd Medical and Surgical Building and shall
affix an appropriate plaque at the entrance of the building for
such purpose.
BE IT FURTHER RESOLVED that the Department of Vet-
erans Service is authorized and directed to designate the
planned, new War Veterans Nursing Home on the grounds of
Central State Hospital in Milledgeville as the Joe T. Wood War
Veterans Home and the department shall affix an appropriate
plaque at the entrance of the building identifying it as the "Joe
T. Wood War Veterans Home.
BE IT FURTHER RESOLVED that the Secretary of the Sen-
ate is authorized and directed to transmit appropriate copies
of this resolution to Senator Culver Kidd and to the Board of
Human Resources and to Representative Joe T. Wood and the
Department of Veterans Service.
Approved April 7, 1986.
GEORGIA LAWS 1986 SESSION
1203
USE OF RESTITUTION ORDERS URGED IN CASES OF
CHILD ABUSE OR SEXUAL ABUSE.
No. 94 (House Resolution No. 476).
A RESOLUTION
Urging the use of restitution orders in cases involving vic-
tims of child abuse or sexual abuse; and for other purposes.
WHEREAS, the child who is a victim of physical, sexual,
or mental abuse often requires extensive psychological treat-
ment as well as medical care to overcome the devastating effects
of such abuse; and
WHEREAS, in most cases, if the family of the child victim
is unable to provide for such therapy, the child may never com-
pletely recover from the effects of such abuse; and
WHEREAS, the current restitution laws allow a court to
order an offender to make restitution to the victim; and
WHEREAS, the greater use of restitution orders in cases
involving child abuse and sexual abuse would aid many such
victims in their recovery from such abuse.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that its members do urge
the judges of the superior courts of this state to consider ordering
restitution in all cases involving child abuse or sexual abuse.
BE IT FURTHER RESOLVED that the Clerk of the House
of Representatives is directed to transmit an appropriate copy
of this resolution to the Council on Superior Court Judges and
the Judicial Council of Georgia.
BE IT FURTHER RESOLVED that the Council on Superior
Court Judges and the Judicial Council of Georgia shall compile
a report on the use of restitution orders in cases involving child
abuse and sexual abuse and present such report to the General
Assembly and the Governor on or before the start of the regular
1987 session of the General Assembly.
Approved April 7, 1986.
1204
GENERAL ACTS AND RESOLUTIONS, VOL. I
TRAINING OF CRIMINAL JUSTICE AND SOCIAL SERVICES
PROFESSIONALS IN CHILD ABUSE, SEXUAL ABUSE, AND
SEXUAL EXPLOITATION CASES URGED.
No. 95 (House Resolution No. 477).
A RESOLUTION
Urging the training of criminal justice and social services
professionals in the processing and management of cases involv-
ing child abuse, sexual abuse, or sexual exploitation; and for
other purposes.
WHEREAS, cases involving child abuse, sexual abuse, and
sexual exploitation of children present unique demands on the
criminal justice system; and
WHEREAS, persons who regularly address cases involving
child victimization should be adequately trained to meet the
highly complex needs of such child victims; and
WHEREAS, understanding and responding to the needs of
such victims is critical to the successful prosecution of cases
of child abuse, sexual abuse, and sexual exploitation; and
WHEREAS, the development of training programs for social
services and criminal justice personnel specifically directed to-
ward the investigation of crimes involving the physical, emo-
tional, or sexual abuse of children would promote the efficient
and effective processing and management of such cases.
NOW, THEREFORE, BE IT RESOLVED BY THE GEN-
ERAL ASSEMBLY OF GEORGIA that its members do urge
the Division of Family and Children Services of the Department
of Human Resources, the Georgia Peace Officer Standards and
Training Council, the Prosecuting Attorneys Council, and the
Institute for Continuing Judicial Education to develop programs
for the education and training of social services and criminal
justice professionals in the areas of child abuse, sexual abuse,
and sexual exploitation.
BE IT FURTHER RESOLVED that the director of each of
the above-named entities is directed to prepare a report for sub-
GEORGIA LAWS 1986 SESSION
1205
mission to the General Assembly on or before the start of the
regular 1987 session detailing the progress which has been made
in the development of training programs for social services and
criminal justice professionals in these areas.
BE IT FURTHER RESOLVED that the Clerk of the House
of Representatives is authorized and directed to transmit an
appropriate copy to the director of each of the above-named
entities.
Approved April 7, 1986.
WEAPONS STUN GUNS AND TASERS; POSSESSION
DURING THE COMMISSION OR ATTEMPTED
COMMISSION OF CERTAIN FELONIES; TRIAL JUDGES;
CONCEALED WEAPONS.
Code Sections 16-11-106 and 16-11-130 Amended.
No. 1588 (House Bill No. 1109).
AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official
Code of Georgia Annotated, relating to dangerous instrumentali-
ties and practices, so as to change the provisions relating to
possession of a firearm or knife during the commission or at-
tempted commission of certain crimes; to provide that the defini-
tion of firearms shall include stun guns and tasers; to include
trial judges within the list of persons exempt from certain provi-
sions relating to carrying weapons; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official
Code of Georgia Annotated, relating to dangerous instrumentali-
1206
GENERAL ACTS AND RESOLUTIONS, VOL. I
ties and practices, is amended by striking in its entirety Code
Section 16-11-106, relating to possession of a firearm or knife
during the commission or attempted commission of certain
crimes, and inserting in its place a new Code Section 16-11-
106 to read as follows:
16-11-106. (a) For the purposes of this Code section,
the term 'firearm shall include stun guns and tasers. A stun
gun or taser is any device that is powered by electrical charg-
ing units such as batteries and emits an electrical charge
in excess of 20,000 volts or is otherwise capable of incapaci-
tating a person by an electrical charge.
(b) 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 an-
other;
(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, manufac-
ture, delivery, distribution, dispensing, administering,
selling, or possession with intent to distribute any con-
trolled 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.
(c) Upon the second or subsequent conviction of a person
under this Code section, the person shall be punished by
confinement for a period of ten years. Notwithstanding any
other law to the contrary, the sentence of any person which
GEORGIA LAWS 1986 SESSION
1207
is imposed for violating this Code section a second or subse-
quent time shall not be suspended by the court and proba-
tionary sentence imposed in lieu thereof.
(d) The punishment prescribed for the violation of sub-
sections (b) and (c) of this Code section shall not be reducible
to misdemeanor punishment as is provided by Code Section
17-10-5.
(e) Any crime committed in violation of subsections (b)
and (c) of this Code section shall be considered a separate
offense.
Section 2. Said article is further amended by striking para-
graphs (8) and (9) of subsection (a) of Code Section 16-11-130,
relating to exemptions from the application of certain criminal
provisions relating to carrying a concealed weapon, carrying
deadly weapons to or at public gatherings, and carrying a pistol
without a license, and inserting in their place new paragraphs
(8), (9), and (10) to read as follows:
"(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;
(9) Public safety directors of municipal corporations;
and
(10) Trial judges.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1208
GENERAL ACTS AND RESOLUTIONS, VOL. I
BATHHOUSES CERTAIN OPERATIONS PROHIBITED;
INSPECTION WARRANTS; INJUNCTIONS; PENALTIES.
Code Section 31-12-11 Enacted.
No. 1589 (House Bill No. 1189).
AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Geor-
gia Annotated, relating to control of hazardous conditions, pre-
ventable diseases, and metabolic disorders, so as to prohibit the
operation of certain bathhouses in this state; to provide for defi-
nitions; to declare bathhouses wherein sexual activity occurs
as harmful to the public health, safety, and welfare of the citi-
zens of this state; to authorize the Department of Human Re-
sources, county boards of health, and personnel of both to obtain
inspection warrants and to obtain injunctive relief against the
operation of bathhouses; to prohibit certain actions of owners,
managers, or employees of certain bathhouses and to provide
penalties therefor; to provide for construction; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section L Chapter 12 of Title 31 of the Official Code of
Georgia Annotated, relating to control of hazardous conditions,
preventable diseases, and metabolic disorders, is amended by
adding at the end thereof a new Code Section 31-12-11 to read
as follows:
"31-12-11. (a) As used in this Code section, the term:
(1) 'Bathhouse means a place of public accommoda-
tion having facilities including all or some of the follow-
ing: baths, whirlpools, saunas, massage areas or rooms,
and semiprivate or private areas or rooms; and where
entry to such place of public accommodation is contin-
gent upon the payment of money on an hourly, daily,
weekly, monthly, annual, or club basis; and where the
owners or managers or employees of such place of public
GEORGIA LAWS 1986 SESSION
1209
accommodation knowingly grant or permit the use of
such place for illegal sexual activity.
(2) 'Illegal sexual activity means any illegal sexual
act involving the sex organs of a person and the mouth,
anus, or sex organs of another persbn.
0)) The operation of bathhouses in this state is declared
to be harmful to the public health, safety, and welfare of
the citizens of this state.
(c) The department and the county boards of health
are empowered to maintain actions for injunction pursuant
to Code Section 31-5-9 to abate the operation of any bath-
house in this state as a public nuisance.
(d) The commissioner or the commissioners designee
or the director of any county board of health is authorized
to obtain, pursuant to Article 2 of Chapter 5 of this title,
inspection warrants for the search or inspection of any prop-
erty which is a bathhouse.
(e) Any person, firm, corporation, or other business en-
tity which owns, operates, or is a manager for or employee
of a bathhouse shall be guilty of a misdemeanor.
(f) Nothing in this Code section shall be construed so
as to repeal Code Section 16-6-10, relating to keeping a place
of prostitution.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1210
GENERAL ACTS AND RESOLUTIONS, VOL. I
TRUCKS ALTERATION OF SUSPENSION SYSTEMS;
LIMITATIONS; PENALTIES.
Code Section 40-8-6.1 Enacted.
No. 1590 (House Bill No. 1257).
AN ACT
To amend Article 1 of Chapter 8 of Title 40 of the Official
Code of Georgia Annotated, relating to equipment generally,
so as to provide that it shall be unlawful to alter the suspension
system of trucks in certain gross vehicle weight rating categories
in excess of certain specific limitations; to provide that it shall
be unlawful to operate any truck upon any highway, roadway,
or street if the suspension system has been altered to exceed
such limitations; to define certain terms; to provide for criminal
penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 40 of the Official
Code of Georgia Annotated, relating to equipment generally,
is amended by adding a new Code Section immediately following
Code Section 40-8-6, to be designated Code Section 40-8-6.1, to
read as follows:
"40-8-6.1. (a) As used in this Code section, the term:
(1) 'Frame means the main longitudinal structural
members of the chassis of a truck.
(2) 'Frame height means the vertical distance be-
tween a level surface and the lowest point on the frame
of a truck, measured when the truck is upon such level
surface without a load.
(3) 'Gross vehicle weight rating means the manufac-
turers gross vehicle weight rating whether or not the
vehicle is modified by use of parts not originally installed
by the manufacturer.
GEORGIA LAWS 1986 SESSION
1211
(b) It shall be unlawful to alter the suspension system
of any truck with a gross vehicle weight rating of 4,500
pounds or less, which may be operated on any public street
or highway, so as to exceed 27 inches as measured from
the surface of the street to the lowest point on the frame
of the truck.
(c) It shall be unlawful to alter the suspension system
of any truck with a gross weight rating of not less than
4,501 pounds and not more than 7,500 pounds, which may
be operated on any public street or highway, so as to exceed
30 inches as measured from the surface of the street to the
lowest point on the frame of the truck.
(d) It shall be unlawful to alter the suspension system
of any truck with a gross vehicle weight rating of not less
than 7,501 pounds and not more than 14,000 pounds, which
may be operated on any public street or highway, so as to
exceed 31 inches as measured from the surface of the street
to the lowest point on the frame of the truck.
(e) It shall be unlawful to operate any truck upon any
highway, roadway, or street if the suspension system has
been altered in excess of the limitations provided for in this
Code section.
(f) Any person violating 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 9, 1986.
1212
GENERAL ACTS AND RESOLUTIONS, VOL. I
INNKEEPERS NOTICES OF TERMINATION OF
OCCUPANCY.
Code Section 43-21-3.1 Enacted.
No. 1591 (House Bill No. 1375).
AN ACT
To amend Article 1 of Chapter 21 of Title 43 of the Official
Code of Georgia Annotated, relating to the rights, duties, and
liabilities of innkeepers, so as to require a notice of termination
to be given to certain occupants of hotels, apartment hotels,
boarding houses, or inns; to specify the period of time which
a notice shall cover; to provide exceptions to the notice require-
ments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 21 of Title 43 of the Official
Code of Georgia Annotated, relating to the rights, duties, and
liabilities of innkeepers, is amended by inserting immediately
following Code Section 43-21-3 a new Code section, to be desig-
nated Code Section 43-21-3.1, to read as follows:
"43-21-3.1. (a) Whenever the keeper of a hotel, apart-
ment hotel, boarding house, or inn wishes to terminate the
occupancy of a guest for reasons other than those described
in subsection (b) of this Code section, the keeper shall give
notice of such intention to the guest. The period of time to
be specified in the notice as to when the occupancy will be
declared terminated by the keeper shall be equal to the pe-
riod of time for which occupancy is paid for by the guest
and accepted by the keeper.
(b) The notice requirement of subsection (a) of this Code
section shall not apply to a termination of occupancy for
cause, such as failure to pay sums due, failure to abide by
rules of occupancy, failure to have or maintain reservations,
or other action by a guest.
GEORGIA LAWS 1986 SESSION
1213
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
MENTAL HEALTH ADMINISTRATION OF MENTAL
HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE,
AND OTHER DISABILITY SERVICES; STATE ADVISORY
COUNCIL ON DISABILITY SERVICES; AREA AND
HOSPITAL COUNCILS; PLANS.
Code Title 37, Chapter 2 Revised.
No. 1592 (House Bill No. 1385).
AN ACT
To amend Title 37 of the Official Code of Georgia Annotated,
relating to mental health, so as to reenact Chapter 2 thereof;
to include expressly substance abuse and other disabilities in
references to certain services, service areas, area councils, and
state-wide and area plans; to delete and change certain refer-
ences to federal laws and regulations; to change legislative pur-
pose; to change definitions; to provide for a Division of Mental
Health, Mental Retardation, and Substance Abuse; to provide
for the funding and a new designation for a state advisory coun-
cil on disability services and change the powers and duties of
that council; to provide for certification of members of area and
hospital councils; to change the powers and duties of area coun-
cils and provide for funding and staffing of those councils; to
provide for hospital councils and their powers, duties, funding,
and staffing; to provide for hospital council members and their
qualifications, selection, and terms; to change the procedures
relating to and contents of certain area and state plans and
analyses for certain disabled persons; to change the require-
ments for certain agreements with institutions; to provide for
use of certain fees; to repeal conflicting laws; and for other pur-
poses.
1214 GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Anno-
tated, relating to mental health, is amended by striking Chapter
2 thereof, relating to administration of mental health and men-
tal retardation services generally, and inserting in its place a
new chapter to read as follows:
"CHAPTER 2
37-2-1. (a) The State of Georgia recognizes its responsi-
bility for its citizens who are mentally ill or mentally re-
tarded or who suffer from certain developmental disabilities
including epilepsy, cerebral palsy, autism, and other neuro-
logically handicapping conditions or who abuse alcohol, nar-
cotics, or other drugs and recognizes an obligation to such
citizens to meet their needs through a coordinated system
of community facilities, programs, and services.
(b) It is the policy of this state to provide adequate men-
tal health, mental retardation, substance abuse, and other
disability services to all its citizens through the department
and the county boards of health. It is further the policy of
this state to provide such services through a unified system
which encourages cooperation and sharing of resources
among providers of such services, both governmental and
private.
(c) It is the purpose of this chapter to enable and encour-
age the Department of Human Resources and the county
boards of health to develop comprehensive, preventive, early
detection, rehabilitative, and treatment disability services;
to improve and expand community programs for the dis-
abled; to provide continuity of care through integration of
county, area, regional, and state services and facilities for
the disabled; to provide for joint disability services and the
sharing of manpower and other resources; and to monitor
and restructure the system of providing disability services
in the State of Georgia to make better use of the combined
public and private resources of the state and local communi-
ties.
(d) The provisions of this chapter shall be liberally con-
strued to achieve the foregoing objectives.
GEORGIA LAWS 1986 SESSION
1215
37-2-2. As used in this chapter, the term:
(1) 'Area means a Community Mental Health, Men-
tal Retardation, and Substance Abuse Service Area.
(2) 'Commissioner means the commissioner of hu-
man resources.
(3) 'Director means the director of the division.
(4) 'Disability means:
(A) Mental or emotional illness;
(B) Mental retardation;
(C) Other neurologically handicapping condi-
tions which require treatment similar to that for the
mentally retarded including epilepsy, cerebral palsy,
and autism; or
(D) The abuse of, addiction to, or dependence
upon alcohol, narcotics, or other drugs.
(4.1) 'Disability services means services to the dis-
abled or services which are designed to prevent or amelio-
rate the effect of a disability.
(5) 'Disabled means any person or persons who have
a disability.
(6) 'Division means the Division of Mental Health,
Mental Retardation, and Substance Abuse of the Depart-
ment of Human Resources.
(7) 'Hospital means a state owned or state operated
facility providing inpatient diagnosis, care, treatment,
or habilitation of the disabled.
(8) 'Substance abuse means the abuse of, addiction
to, or dependence upon alcohol, narcotics, or other drugs.
37-2-2.1. There shall be created within the Department
of Human Resources a Division of Mental Health, Mental
Retardation, and Substance Abuse.
1216 GENERAL ACTS AND RESOLUTIONS, VOL. I
37-2-3. The division, with the approval of the commis-
sioner, shall designate Community Mental Health, Mental
Retardation, and Substance Abuse Service Areas within this
state for the purpose of organizing the planning for and
delivery of disability services. To the extent practicable, the
Community Mental Health, Mental Retardation, and Sub-
stance Abuse Service Areas shall not subdivide any county
unit or conflict with any districts established by the depart-
ment relating to the planning for or delivery of health ser-
vices. In dividing the state into areas, the division shall take
into consideration such factors as geographic boundaries,
roads and other means of transportation, population concen-
trations, city and county lines, other relevant community
services, and community economic and social relationships.
Consideration shall also be given to the existence of facilities
and personnel available in the areas for the delivery of disa-
bility services.
37-2-4. (a) The Governor shall appoint, fund, and pro-
vide staff assistance to a Governors Advisory Council for
Mental Health, Mental Retardation, and Substance Abuse,
referred to in this chapter as the 'Governors council. The
Governors council shall consist of no more than 30 and no
less than 15 members, who shall be representative of profes-
sional and lay individuals, organizations, and state agencies
associated or involved with services for the disabled. Such
members shall be fairly representative of all disability
groups. The term of each member of the Governors council
shall be for three years, provided that of the members first
appointed, ten shall be appointed for a term of one year,
five for a term of two years, and the remainder, if any, for
a term of three years. Vacancies shall by filled by similar
appointment for unexpired terms. The director shall be an
ex officio, nonvoting member.
Ob) The Governors council shall advise the Governor,
the board, the department, and the division as to the efficacy
of the state disability services programs, the need for legisla-
tion relating to the disabled, the need for expansion or reduc-
tion of specific disability services programs, and the need
for specific changes in the state disability services programs.
The Governors council shall review and prepare written
comments on proposed state plans and on standards, rules,
GEORGIA LAWS 1986 SESSION
1217
and regulations promulgated by the division. Such comments
shall be submitted to the director, the board, the commis-
sioner of the department, and to any other individual or
agency deemed appropriate. The Governors council shall
further receive and consider complaints and grievances sub-
mitted in writing by individuals, associations, or agencies
involved with the delivery or receipt of disability services
and, if deemed appropriate, shall make recommendations
to the Governor, the board, the department, or the division
with respect to such complaints or grievances. The Gover-
nors council shall also guide and assist the area councils
and hospital councils in the performance of their duties.
(c) There shall be created in each of the areas estab-
lished under Code Section 37-2-3 an Area Mental Health,
Mental Retardation, and Substance Abuse Advisory Council,
referred to in this chapter as the 'area council, which shall
consist of no more than 30 and no less than 15 members
and whose membership shall be composed of individuals who
reside in the area and who as a group represent the residents
of the area, taking into consideration their employment, age,
sex, place of residence, and other demographic characteris-
tics of the area and whose membership shall further be fairly
representative of all disability groups. The area council shall
be appointed by the director subject to the approval of the
Governors council, which approval shall be evidenced by
written certification by the Governors council. Appoint-
ments shall be made from individuals nominated by the dis-
trict health director or the designee of the director of the
division, which nominees shall reflect those criteria set out
in this subsection.
(d) The term of each member of the area council shall
be for three years, provided that of the members first ap-
pointed, ten shall be appointed for a term of one year, five
for a term of two years, and the remainder, if any, for a
term of three years. Vacancies shall be filled by similar ap-
pointments for unexpired terms.
(e) The area council shall have the following powers
and duties:
(1) To review and comment on the area plans re-
quired under Code Section 37-2-5, giving particular em-
1218 GENERAL ACTS AND RESOLUTIONS, VOL. I
phasis to assuring that all types of disability, as defined
in paragraph (4) of Code Section 37-2-2, are adequately
addressed and that the plan realistically considers finan-
cial support relative to the current program as well as
long-term development;
(2) To submit to the Governors council a written
evaluation of the area plan within three months after
receipt thereof;
(3) To hold meetings at least quarterly, which meet-
ings shall be publicized in advance to encourage the at-
tendance of area residents. Such meetings shall be con-
ducted in accordance with rules and procedures adopted
by the area council to the extent that the director has
not promulgated rules in conflict therewith;
(4) To submit annual reports to the county boards
of health, the division, the Governors council, and such
other agencies or individuals deemed appropriate, which
reports shall evaluate the effectiveness of disability ser-
vices in the area;
(5) To act as the representative of the citizens of
the area in regard to disability services;
(6) To receive and consider complaints and griev-
ances submitted in writing by individuals, associations,
or agencies involved with the delivery or receipt of disa-
bility services and, if deemed appropriate, to make recom-
mendations to the county boards of health in the area
and, if unable to resolve such complaints and grievances,
to submit them to the Governors council for review and
recommendation;
(7) To assure the highest achievable level of public
awareness of available disability services; and
(8) To visit regularly disability services facilities
which serve the area in order to evaluate the effective-
ness of the facilities in delivering services.
(f) To the extent practicable, the area council shall be
the sole advisory council for community-based disability ser-
GEORGIA LAWS 1986 SESSION
1219
vices in the area, the hospital council the sole advisory coun-
cil for hospital-based disability services in that area, and
the Governors council the sole such state-wide council.
(g) Funding and staff support for each area council shall
be provided from the divisions disability services program
for that area.
37-2-4.1. (a) There shall be created within each hospi-
tal a Hospital Mental Health, Mental Retardation, and Sub-
stance Abuse Advisory Council, referred to in this chapter
as a 'hospital council, which shall consist of not less than
ten nor more than 20 members. The membership of each
hospital council shall be composed of individuals residing
within the hospitals area of operation and who as a group
represent the residents of that area, taking into consider-
ation their employment, age, sex, place of residence, and
other demographic characteristics of the area and whose
membership shall further be fairly representative of all disa-
bility groups. The hospital council shall be appointed by the
director subject to the approval of the Governors council,
which approval shall be evidenced by written certification
by the Governors council. Appointments to a hospital coun-
cil shall be made from individuals nominated by the superin-
tendent of that hospital, or the designee of that superinten-
dent, which nominees shall reflect those criteria set out in
this subsection.
(b) The term of each member of a hospital council shall
be for three years, except that of the members first ap-
pointed, five shall be appointed for a term of one year, five
for a term of two years, and the remainder, if any, for a
term of three years.
(c) A hospital council shall have the following powers
and duties:
(1) To review and comment on those aspects of the
state plan relating to hospital disability services, as pro-
posed under Code Section 37-2-7, giving particular em-
phasis to assuring that all types of disability are ade-
quately addressed and that the plan realistically
considers financial support relative to the current pro-
gram as well as long-term development;
1220
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) To submit to the Governors council a written
evaluation of the state plan reviewed and commented
on under paragraph (1) of this subsection within three
months after receipt thereof;
(3) To hold meetings at least quarterly, which meet-
ings shall be publicized in advance to encourage the at-
tendance of residents of the area served by the hospital.
Such meetings shall be conducted in accordance with
rules and procedures adopted by the hospital council to
the extent that the director has not promulgated rules
in conflict therewith;
(4) To submit annual reports to the county boards
of health in that hospitals service area, the division,
the Governors council, and other agencies or individuals
deemed appropriate, which reports shall evaluate the
effectiveness of hospital disability services;
(5) To act as the representative of the citizens of
the area served by the hospital in regard to hospital disa-
bility services;
(6) To receive and consider complaints and griev-
ances submitted in writing by individuals, associations,
or agencies involved with the delivery or receipt of disa-
bility services in that hospital and, if unable to resolve
such complaints and grievances, to submit them to the
Governors council for review and recommendation;
(7) To assure the highest achievable level of public
awareness of available hospital disability services; and
(8) To assure effective cooperation and coordination
between the hospital and community disability services.
(d) Funding and staff support for each hospital council
shall be provided from that hospitals disability services pro-
gram.
37-2-5. (a) The county boards of health in an area shall
prepare a joint biennial plan for the provision of disability
services in the area. The plan shall be submitted to the divi-
GEORGIA LAWS 1986 SESSION
1221
sion and to the area council as created by subsection (c) of
Code Section 37-2-4, at a time and in the manner specified
by the division. The division shall notify the county boards
of health at least six months in advance of the date such
biennial plans are to be submitted and shall assist the county
boards of health in preparation of the plans.
(b) Such plans shall include, by way of illustration with-
out limitation, the following:
(1) An estimate categorized by age group of the num-
ber of citizens residing in the area who require disability
services as defined in Code Section 37-2-7;
(2) A description of all physical facilities, both gov-
ernmental and private, which are available or which
should be developed to provide adequate disability ser-
vices in the area;
(3) An analysis of present physical facilities, both
governmental and private, in the area which might be
converted to disability services facilities;
(4) An analysis of the availability within the area
of professional and other staff personnel trained in pro-
viding disability services;
(4.1) A roster of existing professional and other staff
personnel currently providing disability services in the
area;
(5) A proposed staff roster of professional, technical,
and other employees who should be hired to provide nec-
essary disability services;
(6) A description in order of priority of all proposed
programs and disability services to be provided in the
area by the county boards of health or by the division,
which description shall specifically address, by way of
illustration without limitation, those services set forth
in subsection (b) of Code Section 37-2-7;
(7) An analysis of the opportunities for coordination
of disability services with other agencies and organiza-
tions as provided in Code Section 37-2-9;
1222
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) A statement of the means by which the area
council created in Code Section 37-2-4 will be provided
with staff assistance and by which its operating expenses
will be defrayed; and
(9) A detailed financial plan showing the costs of
providing necessary disability services and all sources
of revenue.
(c) In the event that the division modifies the provisions
of an area plan submitted in accordance with this Code sec-
tion, the division, upon request of the county boards of health
in the area, the Governors council, or the area council, shall
explain the considerations resulting in the modification.
37-2-6. Institutions under the jurisdiction and control
of the division shall participate in the planning processes
undertaken by the county boards of health located in the
service regions of the various institutions. Such institutions
shall develop and execute written agreements with the
county boards of health for the provision of disability services
in the Community Mental Health, Mental Retardation, and
Substance Abuse Service Areas. Such agreements shall in-
clude reducing unnecessary hospitalization in state institu-
tions and shall establish administration and evaluation crite-
ria and methods for achieving such reductions.
37-2-7. (a) The division shall formulate and publish bi-
ennially a state plan for disability services which shall take
into account the area disability services plans submitted by
the county boards as required by Code Section 37-2-5. The
state disability services plan shall be comprehensive and
shall include institutional and community services to the
disabled. Services to be addressed in the state plan shall
include, by way of illustration without limitation, the follow-
ing:
(1) Outpatient services which are provided during
day and early evening hours including diagnostic and
evaluation services;
(2) Day and other partial hospitalization programs
which are structured treatment services which provide
GEORGIA LAWS 1986 SESSION
1223
alternatives to residential services and which include de-
toxification centers, night or weekend care, and other
appropriate services;
(3) Day training and work activity centers for the
mentally retarded or other disability groups;
(4) Residential services which are hospital inpatient
units, group homes, respite care facilities, rehabilitation
residences, family care homes, nursing homes, and other
24 hour treatment and care facilities for patients for
whom outpatient or day treatment services alone are
not appropriate or feasible;
(5) Emergency services which are crisis intervention
programs including hospital emergency rooms, walk-in
services, 24 hour counseling, and crisis-visitation ser-
vices;
(6) Consultation services to agencies, professionals,
and others who are involved with disability services in-
cluding health professionals, schools, courts, law enforce-
ment agencies, correctional and detention facilities,
clergy, health and social service agencies, and other ap-
propriate individuals or agencies;
(7) Education services to publicize the availability
of disability services and to provide workshops and other
forums for the promotion of health;
(8) Training services to increase the skills of employ-
ees and volunteers in providing disability services;
(9) Required services for preventing the onset or oc-
currence of disabilities; and
(10) All other services which may be added to the
state program upon determination of the division.
(b) The plan shall address ways of eliminating, to the
extent possible, detrimental delays and interruptions in the
administration of disability services when moving an individ-
ual from one element of service to another in order to ensure
1224
GENERAL ACTS AND RESOLUTIONS, VOL. I
continuity of care and treatment for persons receiving such
services.
(c) The plan shall further set forth the proposed annual
budget of the division taking into account all financial data
supplied pursuant to paragraph (9) of subsection (b) of Code
Section 37-2-5.
(d) The plan shall be submitted to the department, the
Governor, the General Assembly, the Governors council,
the hospital councils, and the area councils.
(e) At such time as the state plan is submitted, the divi-
sion shall further submit an analysis of services provided,
programs instituted, progress made, and the extent of imple-
mentation of the previous biennial plan. Such analysis shall
measure the effectiveness and the efficiency of the methods
of delivering services which ameliorate or prevent disability
and restore health. This analysis shall further address the
efforts of the division in coordinating services in accordance
with Code Section 37-2-9.
37-2-8. The county boards of health and the division
shall ensure that the state and area disability services are
a part of a unified program emphasizing community-based
services.
37-2-9. To the maximum extent possible, disability ser-
vices provided by the division and county boards of health
shall be coordinated with related activities of judicial, correc-
tional, educational, social, and other health service agencies
and organizations, both private and public.
37-2-10. Notwithstanding any other provisions of law,
the director, with the concurrence of the commissioner and
the Governor, is authorized to establish and administer area
and community disability services programs on an emer-
gency basis in the event one or more county boards of health
fail to assume responsibility for the establishment and imple-
mentation of an adequate program.
37-2-11. (a) It is the goal of the State of Georgia that
every citizen be provided an adequate level of disability care
GEORGIA LAWS 1986 SESSION
1225
through a unified system of disability services. To this end,
the department through the division shall, to the maximum
extent possible, allocate funds available for services so as
to provide an adequate disability services program available
to all citizens of this state.
(b) Fees generated, if any, by state employees assigned
to disability services programs operated by county boards
of health shall be retained by the county boards of health
and applied against the cost of providing, and increasing
the quantity and quality of, disability services.
37-2-12. Nothing in this chapter shall be construed to
require the designation of any service area or the appoint-
ment of any council in a manner which conflicts with any
federal law applicable thereto or regulations promulgated
thereunder.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
DEPARTMENT OF HUMAN RESOURCES CRIMINAL
RECORDS CHECKS OF APPLICANTS FOR EMPLOYMENT;
FINGERPRINTS.
Code Section 49-2-14 Enacted.
No. 1593 (House Bill No. 1421).
AN ACT
To amend Chapter 2 of Title 49 of the Official Code of Georgia
Annotated, relating to powers and duties of the department,
commissioner, and board of human resources, so as to authorize
the department to receive relevant conviction data and pleas
1226
GENERAL ACTS AND RESOLUTIONS, VOL. I
of nolo contendere for purposes of conducting criminal records
checks on certain applicants for employment and provide for
methods, conditions, and procedures relating thereto; to provide
a definition; to provide for confidentiality and penalties; to pro-
vide for rules and regulations; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 2 of Title 49 of the Official Code of
Georgia Annotated, relating to powers and duties of the depart-
ment, commissioner, and board of human resources, is amended
by inserting following Code Section 49-2-13 a new Code section
to read as follows:
"49-2-14. (a) As used in this Code section, the term
'conviction data means a record of a finding or verdict of
guilty or a plea of guilty or a plea Of nolo contendere with
regard to any crime, regardless of whether an appeal of the
conviction has been sought.
(b) The department may receive from any law enforce-
ment agency conviction data that is relevant to a person
whom the department, its contractors, or a district or county
health agency is considering as a final selectee for employ-
ment in a position the duties of which involve direct care,
treatment, custodial responsibilities, or any combination
thereof for its clients. The department may also receive con-
viction data which is relevant to a person whom the depart-
ment, its contractors, or a district or county health agency
is considering as a final selectee for employment in a position
if, in the judgment of the employer, a final employment deci-
sion regarding the selectee can only be made by a review
of conviction data in relation to the particular duties of the
position and the security and safety of clients, the general
public, or other employees.
(c) The department shall establish a uniform method
of obtaining conviction data under subsection (a) of this Code
section which shall be applicable to the department, its con-
tractors, and any district or county health agency. Such uni-
form method shall require the submission to the Georgia
GEORGIA LAWS 1986 SESSION
1227
Crime Information Center of two complete sets of finger-
prints and the records search fee. Upon receipt thereof, the
Georgia Crime Information Center 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 own records and records to which it has access. After
receiving the fingerprints and fee, the Georgia Crime Infor-
mation Center shall notify the department in writing of any
derogatory finding, including but not limited to, any convic-
tion data regarding the fingerprint records check or if there
is no such finding.
(d) All conviction data received shall be for the exclu-
sive purpose of making employment decisions and shall be
privileged and shall not be released or otherwise disclosed
to any other person or agency except to any person or agency
with a legal right to inspect the employment file. Immedi-
ately following the employment decision, all such conviction
data collected by the department shall be maintained by
the department pursuant to laws regarding and the rules
or regulations of the Federal Bureau of Investigation and
the Georgia Crime Information Center, as is applicable. Pen-
alties for the unauthorized release or disclosure of any con-
viction data shall be as prescribed pursuant to laws regard-
ing and rules or regulations of the Federal Bureau of
Investigation and the Georgia Crime Information Center,
as is applicable.
(e) The department may promulgate written rules and
regulations to implement the provisions of this Code sec-
tion.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1228
GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMES AND OFFENSES THEFT OF A FIREARM;
PENALTIES.
Code Section 16-8-12 Amended.
No. 1594 (House Bill No. 1455).
AN ACT
To amend Code Section 16-8-12 of the Official Code of Georgia
Annotated, relating to punishments for certain theft offenses,
so as to provide definitions; to provide punishments for theft
offenses involving firearms; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 16-8-12 of the Official Code of Geor-
gia Annotated, relating to punishments for certain theft of-
fenses, is amended by striking "or at the end of paragraph
(3) of subsection (a), by striking the period at the end of para-
graph (4) of subsection (a) and inserting in its place "; or, and
by adding at the end of subsection (a) a new paragraph, to be
designated paragraph (5), to read as follows:
"(5) (A) As used in this paragraph, the term 'firearm
means any rifle, shotgun, pistol, or similar device which
propels a projectile or projectiles through the energy of
an explosive.
(B) If the property which was the subject of the theft
offense was a firearm, by imprisonment for not less than
one nor more than ten years.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1229
COUNTY TAX RECEIVERS, TAX COLLECTORS, AND TAX
COMMISSIONERS VACANCIES.
Code Section 48-5-210 Amended.
Code Section 48-5-211 Enacted.
No. 1595 (House Bill No. 1480).
AN ACT
To amend Part 5 of Article 3 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to the election,
qualifications, etc., of county tax officials, so as to provide for
the filling of a vacancy in the office of county tax receiver, tax
collector, or tax commissioner; to repeal certain provisions relat-
ing to the filling of vacancies; to provide for the procedure for
filling vacancies in the office of county tax receiver, tax collector,
or tax commissioner; to provide for election returns; to provide
for a commission by the Governor; to repeal certain provisions
relating to holding certain elections in the event of a tie; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 5 of Article 3 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to the election,
qualifications, etc., of county tax officials, is amended by striking
subsection (c) of Code Section 48-5-210, relating to the election
and qualifications of county tax receivers, tax collectors, and
tax commissioners, which reads as follows:
"(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.,
in its entirety.
Section 2. Said part is further amended by adding at the
end thereof a new Code section, to be designated Code Section
48-5-211, to read as follows:
"48-5-211. (a) As soon as a vacancy occurs in the office
of county tax receiver, tax collector, or tax commissioner,
1230
GENERAL ACTS AND RESOLUTIONS, VOL. I
the judge of the probate court shall appoint a qualified person
to discharge the duties of such officer until the vacancy is
filled.
(b) When a vacancy occurs and it is not more than six
months from the time the election can be called by the county
election superintendent and held until the existing term will
expire, the person or persons appointed shall discharge the
duties of the office for the balance of the term and there
shall be no special election.
(c) If from any sudden emergency there is a vacancy
and a proper person cannot immediately be appointed, the
judge of the probate court or his clerk shall act as county
tax receiver, tax collector, or tax commissioner.
(d) Except as provided in subsection (b) of this Code
section, when a vacancy occurs, the election superintendent
of the county where it occurs shall call and conduct a special
election in the manner provided for in Chapter 2 of Title
21.
(e) The person elected on such date shall hold office
for the unexpired term. The returns of the election shall
be made to the Secretary of State. Such person shall be
commissioned by the Governor.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1231
BUILDINGS AND HOUSING GLASS INSTALLATIONS;
HAZARDOUS LOCATIONS.
Code Section 8-2-90 Amended.
No. 1596 (House Bill No. 1490).
AN ACT
To amend Code Section 8-2-90 of the Official Code of Georgia
Annotated, relating to definitions with respect to glass installa-
tions in buildings generally, so as to change the definition of
the term "hazardous locations; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 8-2-90 of the Official Code of Geor-
gia Annotated, relating to definitions with respect to glass instal-
lations in buildings generally, is amended by striking in its entir-
ety paragraph (2), which reads as follows:
"(2) 'Hazardous locations means those areas in residen-
tial, commercial, and public buildings in which are located
glazed structures known as sliding glass doors, entrance
doors, fixed glazed panels which are adjacent to an entrance
door and which may cover or be mistaken for means of in-
gress or egress, storm doors, shower doors, or tub enclosures
whether or not the glazing in such structures is transparent.
This term also means all doors, windows, and mirrors on
public buses and trains.,
and inserting in lieu thereof a new paragraph (2) to read as
follows:
"(2) (A) 'Hazardous locations means for the purpose
of glazing:
(i) Glazing in ingress and egress doors, except
wired glass in required fire doors and jalousies;
(ii) Glazing in fixed and sliding panels of sliding
type doors (patio and mall type);
1232 GENERAL ACTS AND RESOLUTIONS, VOL. I
(iii) Glazing in storm doors;
(iv) Glazing in all unframed swinging doors;
(v) Glazing in shower and bathtub doors and en-
closures;
(vi) Glazing, operable or inoperable, adjacent to
a door in all buildings and within the same wall plane
as the door whose nearest vertical edge is within 12
inches of the door in a closed position and whose bot-
tom edge is less than 60 inches above the floor or
walking surface;
(vii) Glazing in fixed panels having a glazed area
in excess of nine square feet with the lowest edge
less than 18 inches above the finish floor level or walk-
ing surface within 36 inches of such glazing. In lieu
of safety glazing, such glazed panels may be protected
with a horizontal member not less than one and one-
half inches wide when located between 24 and 36
inches above the walking surface; or
(viii) All doors, windows, and mirrors on public
buses and trains.
(B) The following products, materials, and uses shall
not be included in the definition of the term 'hazardous
locations:
(i) Openings in doors through which a three-inch
sphere is unable to pass;
(ii) Leaded glass panels where no individual
piece of glass has an area greater than 30 square
inches;
(iii) Glazing materials used as curved glass pan-
els in revolving doors;
(iv) Commercial refrigerated cabinet glazed
doors; or
(v) Faceted and decorative glass.
GEORGIA LAWS 1986 SESSION
1233
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
RETIREMENT AND PENSIONS USE OF MILITARY
SERVICE AS CREDITABLE SERVICE IN ANY STATE
OR LOCAL RETIREMENT OR PENSION SYSTEM;
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA;
MILITARY SERVICE; REPEAL BY IMPLICATION NOT
APPLICABLE TO CERTAIN LAWS.
Code Sections 47-2-96 and 47-2-334 Amended.
Code Section 47-1-11 Enacted.
No. 1597 (House Bill No. 1592).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated,
relating to retirement, so as to provide certain limitations on
the use of military service as creditable service under public
retirement or pension systems; to provide for definitions; to
change the provisions relating to prior service credit under the
Employees Retirement System of Georgia for certain military
service; to provide that the Code section relating to membership
in the Employees Retirement System of Georgia which begins
on or after July 1, 1982, may not be repealed, superseded, or
modified by implication; 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:
1234 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Title 47 of the Official Code of Georgia Anno-
tated, relating to retirement, is amended by adding at the end
of Article 1 of Chapter 1, relating to general provisions applica-
ble to retirement, a new Code Section 47-1-11 to read as follows:
"47-1-11. (a) As used in this Code section, the term:
(1) 'Creditable service means any period of time
which may be used as a factor in the computation of
any benefit under a public retirement system.
(2) 'Military service means service in the armed
forces of the United States or in a reserve component
of the armed forces of the United States, including the
National Guard.
(3) 'Public employee means elected and appointed
officials and employees of the state or any branch, depart-
ment, board, bureau, commission, authority, or other
agency of the state and elected and appointed officials
and employees of any political subdivision of the state
or of any authority or other agency of any such political
subdivision.
(4) 'Public retirement system means any retire-
ment or pension system now or hereafter created by or
pursuant to the authority of Georgia law or the Constitu-
tion of Georgia which has public employees as members
of the retirement or pension system.
(5) 'Source of authority means the law, resolution,
or ordinance which creates or provides for a public retire-
ment system.
(b) Only military service for which a person was dis-
charged or separated under honorable conditions shall be
eligible to be counted as military service for the purpose
of obtaining creditable service under any public retirement
system, whether presently existing or hereafter created,
when the source of authority for such public retirement sys-
tem authorizes military service to be used as a basis to obtain
creditable service under such public retirement system.
(c) The provisions of this Code section are a limitation
on the use of military service as creditable service under
GEORGIA LAWS 1986 SESSION
1235
any public retirement system and shall not be construed
to create a right to obtain creditable service for military
service under any public retirement system when such right
does not exist independently of this Code section.
Section 2. Said title is further amended by striking subsec-
tion (g) of Code Section 47-2-96, relating to certain prior service
credits under the Employees Retirement System of Georgia,
in its entirety and substituting in lieu thereof a new subsection
(g) to read as follows:
"(g) Anything in this chapter to the contrary notwith-
standing, any member who was on active duty in the armed
forces of the United States at any time from January 1,
1954, until August 5, 1964, as determined by the persons
official military records, may purchase such active duty mili-
tary service credit, exclusive of reserve service, by paying
the required employee contributions on the compensation
last paid to the member as an employee prior to entering
military service or the compensation first paid to the member
as an employee after returning from military service plus
15 percent interest on said employee contributions, com-
pounded annually to date of payment. No service in the
armed forces shall be creditable under the provisions of this
subsection if such service has or will be used in the determi-
nation of any members eligibility for retirement benefits
or allowances from any other state or federal retirement
program, excluding social security and those retirement pro-
grams covered under the provisions of Title 10 of the United
States Code, Public Law 810, 80th Congress, as amended.
To be eligible to receive credit for military service under
this subsection or any other subsection, the individual shall
purchase such credit prior to January 1, 1988. No military
service shall be creditable under the provisions of this subsec-
tion if creditable service for the same military service has
been obtained under any other provision of this chapter;
provided, however, that if creditable service for military Ser-
vice previously obtained under this chapter is withdrawn
as creditable service, then creditable service for the same
military service may be obtained under the provisions of
this subsection. Under no circumstances shall credit for mili-
tary service obtained pursuant to the authority of this sub-
section be used to qualify for retirement as a result of invol-
untary separation.
1236 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said title is further amended by adding at the
end of Code Section 47-2-334, relating to membership in the
Employees Retirement System of Georgia which begins on or
after July 1, 1982, a new subsection (i) to read as follows:
"(i) The provisions of this Code section Shall control
over conflicting or inconsistent provisions of this chapter
or any other law of this state. It is the intention of the Gen-
eral Assembly that this Code section has not been and may
not be repealed, superseded, or modified by implication
through the enactment of any other law or through the
amendment of any other provision of this chapter or any
other existing law, and any modification or repeal of any
provision of this Code section may be accomplished only by
reference or amendment to or repeal of this specific Code
section.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1237
INSURANCE PROPERTY INSURANCE; DEFINITION;
SURPLUS LINE INSURERS; CORPORATE SURETY
INSURERS; HOMEOWNER WARRANTY AGREEMENTS.
Code Section 33-7-6 Amended.
No. 1598 (House Bill No. 1594).
AN ACT
To amend Code Section 33-7-6 of the Official Code of Georgia
Annotated, relating to property insurance, so as to provide a
certain exception to the definition of property insurance; to au-
thorize certain surplus line insurers and certain corporate sur-
ety insurers to underwrite or guarantee certain homeowner war-
ranty agreements; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 33-7-6 of the Official Code of Geor-
gia Annotated, relating to property insurance, is amended by
striking subsections (b) and (c) and inserting in lieu thereof new
subsections (b) and (c) to read as follows:
"(b) Property insurance also includes:
(1) Any contract, agreement, or instrument whereby
a person assumes the risk of and the expense or portion
thereof for the mechanical breakdown or mechanical fail-
ure of a motor vehicle and shall include those agreements
commonly known as vehicle service agreements or ex-
tended warranty agreements, if made by a person other
than the motor vehicle manufacturer in exchange for
a separately stated charge or the cost of the contract
or contracts is included on a nonidentifiable basis in the
cost of a motor vehicle sold in conjunction therewith,
except that this provision shall not apply to an agreement
underwritten by an insurer licensed to transact insur-
ance in this state, either directly or through a rein-
surance contract;
1238
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Any contract, agreement, or instrument whereby
a person assumes the risk of and the expense or portion
of such expense for the structural or mechanical break-
down, loss of, or damage to a one-family or two-family
residential building structure or any part thereof from
any cause, including loss of or damage to or loss of use
of the building structure or major components thereof
which are attached to and become a part of said structure
by reason of depreciation, deterioration, wear and tear,
use, obsolescence, or breakage, if made by a person other
than the constructing contractor or manufacturer of the
building structure or part thereof in exchange for a sepa-
rately stated charge or the cost of the contract or con-
tracts is included on a nonidentifiable basis in the cost
of such building structure sold in conjunction therewith,
except that this provision shall not apply to an agreement
underwritten by an insurer licensed to transact insur-
ance in this state, either directly or through a reinsu-
rance contract or underwritten by a surplus line insurer
approved by the Commissioner nor shall this provision
apply to an agreement the performance of which is guar-
anteed by a surety bond executed by an authorized corpo-
rate surety insurer in favor of and approved by the Com-
missioner in an amount of not less than $100,000.00;
or
(3) Any contract, agreement, or instrument, other
than an agreement, contract, or instrument covered by
paragraphs (1) and (2) of this subsection whereby a person
assumes the risk of and the expense or portion thereof
for the cost of repair or replacement of a product if such
contract, agreement, or instrument is made by a person
other than the manufacturer in exchange for a sepa-
rately stated charge or the cost of the contract or con-
tracts is included on a nonidentifiable basis in the cost
of the product sold in conjunction therewith, except that
this provision shall not apply to an agreement underwrit-
ten by an insurer licensed to transact insurance in this
state, either directly or through a reinsurance contract
or to any contract, agreement, or instrument relating
to similar services furnished by any air carrier that pro-
vides interstate air transportation or to any tire replace-
ment contract, agreement, or instrument.
GEORGIA LAWS 1986 SESSION
1239
(c) (1) Any contract, agreement, or instrument, as de-
fined in paragraphs (1), (2), and (3) of subsection (b) of
this Code section, shall state the name and address of
the insurer which has underwritten the contract, agree-
ment, or instrument, either directly Or through a rein-
surance contract. A contract, agreement, or instrument
as defined in paragraph (2) of subsection (b) of this Code
section, the performance of which is guaranteed by a
surety insurer, shall state the name and address of the
surety insurer.
(2) In the event a contract, agreement, or instru-
ment is issued by a party other than an insurer so that
the holder thereof, in the first instance, must make a
claim or request for refund pursuant to paragraph (3)
of this subsection against a party other than the insurer,
the contract, agreement, or instrument shall provide that
the holder shall be entitled to make a direct claim against
the insurer upon the failure of the issuer to pay any
claim or to refund the consideration paid by the holder
for the contract, agreement, or instrument within 60 days
after proof of loss has been filed with the issuer.
(3) The contract, agreement, or instrument shall be
noncancelable by the issuer except for fraud, material
misrepresentation, or failure to pay the consideration
due therefor. The cancellation shall be in writing and
shall conform to the requirements of Code Section 33-
24-44. The holder may cancel at any time upon demand
and surrender of the contract, agreement, or instrument
whereupon the issuer shall refund the excess of the con-
sideration paid for the contract, agreement, or instru-
ment above the customary short rate for the expired term
of the contract, agreement, or instrument.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1240
GENERAL ACTS AND RESOLUTIONS, VOL. I
RETIREMENT AND PENSIONS LOCAL RETIREMENT
SYSTEMS; INVESTMENT OF ASSETS.
Code Section 47-1-11 Enacted.
No. 1599 (House Bill No. 1684).
AN ACT
To amend Article 1 of Chapter 1 of Title 47 of the Official
Code of Georgia Annotated, relating to retirement and pensions,
generally, so as to provide for the investment and reinvestment
of assets of local retirement systems under the same terms,
conditions, limitations, and restrictions as are imposed on do-
mestic life insurance companies; 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 1 of Title 47 of the Official
Code of Georgia Annotated, relating to retirement and pensions,
generally, is amended by adding at the end thereof a new Code
Section 47-1-11 to read as follows:
"47-1-11. (a) Notwithstanding Code Section 36-80-3,
Code Section 36-83-4, or any other law, the board of trustees
of any local retirement system established or maintained
under Article IX, Section II of the Constitution of Georgia
shall have full power to invest and reinvest assets of the
retirement system and to purchase, hold, sell, assign, trans-
fer, and dispose of any securities and other investments in
which assets of the retirement system have been invested,
any proceeds of any investments, and any money belonging
to the retirement system, provided that, except as provided
in subsection (b) of this Code section, such power shall be
subject to all terms, conditions, limitations, and restrictions
imposed by the laws of this state upon domestic life insurance
companies in making and disposing of their investments;
provided, further, that, except as provided in subsection (b)
of this Code section, the board of trustees shall not invest
more than 50 percent of retirement system assets in equities.
GEORGIA LAWS 1986 SESSION
1241
(b) Nothing in subsection (a) of this Code section shall
be construed to limit or restrict the authority of the board
of trustees of any retirement system to invest or reinvest
assets of such system in such manner and under such condi-
tions as are authorized by law.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
STATE TOLLWAY AUTHORITY CONTRIBUTIONS
FROM THE UNITED STATES GOVERNMENT.
Code Section 32-10-60 Amended.
No. 1600 (House Bill No. 1713).
AN ACT
To amend Code Section 32-10-60 of the Official Code of Geor-
gia Annotated, relating to the definitions in the State Tollway
Authority Law, so as to allow additionally the contributions
from the United States government to be considered in the deter-
mination of whether a project of the State Tollway Authority
is self-liquidating; to remove certain limitations on such determi-
nations; 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 32-10-60 of the Official Code of
Georgia Annotated, relating to the definitions in the State Toll-
way Authority law, is amended by striking paragraph (8) of
said Code section in its entirety and inserting in lieu thereof
a new paragraph (8) to read as follows:
1242
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(8) 'Self-liquidating means that, in the judgment of
the authority, the revenues and earnings to be derived by
the authority from any project or combination of projects,
together with any maintenance, repair, operational services,
funds, rights of way, engineering services, and any other
in-kind services to be received by the authority from appro-
priations of the General Assembly, the department, other
state agencies or authorities, the United States government,
or any county or municipality, shall be sufficient to provide
for the maintenance, repair, and operation and to pay the
principal and interest of revenue bonds which may be issued
for the cost of such project, projects, or combination of pro-
jects.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
COUNTY BOARDS OF HEALTH MEMBERSHIP.
Code Section 31-3-2 Amended.
No. 1601 (House Bill No. 1757).
AN ACT
To amend Code Section 31-3-2 of the Official Code of Georgia
Annotated, relating to the composition of county boards of
health, so as to change the provisions relating to the chief execu-
tive officer of the largest municipality of a county being a mem-
ber of a county board of health; to authorize the adoption of
certain county ordinances when the legal situs of the largest
municipality lies within an adjoining county; to provide for other
matters relative to the foregoing; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1986 SESSION
1243
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 31-3-2 of the Official Code of Geor-
gia Annotated, relating to the composition of county boards of
health, is amended by striking paragraph (7) of subsection (a)
in its entirety and substituting in lieu thereof a new paragraph
(7) to read as follows:
"(7) One member shall be the chief executive officer
of the governing authority of the largest municipality of
the county, by whatever name called, or some member desig-
nated by said officer; provided, however, that whenever the
legal situs of such largest municipality lies within an adjoin-
ing county, the county governing authority may adopt an
ordinance providing:
(A) For the selection by the county governing au-
thority of the chief executive officer, by whatever name
designated, of the governing authority of any municipal-
ity lying wholly or partially within the county to fill
the position on the county board of health authorized
by this paragraph;
(B) That the chief executive officer so selected may
designate another member of the respective municipal
governing authority, whose term of office is the same
as that of the chief executive officer, to serve in the place
of the chief executive officer;
(C) That the chief executive officer so selected or
the chief executive officers designee shall serve for a
term of office as a member of the county board of health
concurrent with the term of office as a member of the
municipal governing authority;
(D) That a vacancy in the position on the county
board of health which is held by the chief executive officer
or the chief executive officers designee shall be filled
for the unexpired term by the county governing author-
ity; and
(E) That the first member of the county board of
health selected by the county governing authority under
1244
GENERAL ACTS AND RESOLUTIONS, VOL. I
such ordinance may take office at any time on or after
January 1,1987, and that the term of office of the member
of the county board of health holding office pursuant
to this paragraph on December 31, 1986, shall expire
on the day immediately preceding the day such first menfi-
ber selected under such ordinance takes office.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
BANKING AND FINANCE TRANSFER OF TRUST
POWERS BY BANKS TO AFFILIATED TRUST COMPANIES;
TRUST SERVICES.
Code Sections 7-1-320 through 7-1-325 Enacted.
Code Section 7-1-612 Amended.
No. 1602 (House Bill No. 1784).
AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia
Annotated, relating to banking and finance, so as to define cer-
tain terms; to permit a bank exercising trust powers to transfer
fiduciary responsibilities to an affiliated trust company; to pro-
vide for certain filings; to provide for retention of liability; to
provide for the abandonment of the affiliate transfer or the ap-
pointment of a successor fiduciary; to provide for certain agency
relationships; to authorize, with the consent of the department,
a bank or trust company which does not exercise trust powers
to offer trust services by contracting with a bank or trust com-
pany exercising trust powers; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
1245
Section 1. Chapter 1 of Title 7 of the Official Code of Geor-
gia Annotated, relating to banking and finance, is amended by
adding a new part between Parts 4 and 5 of Article 2, to be
designated Part 4A, to read as follows:
"Part 4A
7-1-320. As used in this part, the term:
(1) 'Affiliate transfer means a transfer by which a
bank or trust company delegates, assigns, or transfers
to an affiliated trust company all of its rights, powers,
privileges, accounts, and designations with respect to one
or more of its various capacities as fiduciary.
(2) 'Affiliated trust company means a trust com-
pany which is affiliated with a bank. A trust company
shall be considered an affiliate with a bank in accordance
with the definition of such term set forth in paragraph
(1) of Code Section 7-1-4.
(3) 'Bank means a corporation as defined in either
paragraph (7) or (23) of Code Section 7-1-4 and having
its principal place of business in Georgia.
(4) 'Fiduciary means a bank or trust company act-
ing in such capacity as set forth in paragraph (20) of
Code Section 7-1-4 or as further defined by regulations
of the department.
(5) 'Trust company means a corporation as defined
in paragraph (40) of Code Section 7-1-4 or a national
bank having:
(A) Authority to conduct business only to the
extent of its trust powers as provided in 12 U.S.C.
Section 92a; and
(B) A principal place of business in Georgia.
7-1-321. (a) Any bank authorized by law to engage in
the business of acting as a fiduciary is authorized and empow-
ered to make an affiliate transfer whether or not each gov-
1246 GENERAL ACTS AND RESOLUTIONS, VOL. I
erning instrument expressly provides for or contemplates
an affiliate transfer or whether or not the fiduciary capacity
was created by will, indenture, trust, court order, agreement,
or other means. No affiliate transfer shall constitute:
(1) A resignation or disqualification of the bank as
fiduciary; or
(2) A relinquishment of trust powers by the bank
making the affiliate transfer.
Upon execution of an instrument effecting an affiliate trans-
fer by a bank, the affiliated trust company shall, as of the
date specified in the instrument, have all of the rights, pow-
ers, privileges, appointments, accounts, and designations of
the bank regarding each fiduciary capacity so transferred
and shall have title to all property, real, personal, and mixed,
and all debts due on whatever account, and all other choses
in action, and each and every other interest of or belonging
to or due to the bank as fiduciary shall be taken and deemed
to be transferred to and vested in the affiliated trust company
as fiduciary without further act or deed. The affiliated trust
company shall file an affidavit of record with the clerk of
the superior court in each county of this state setting forth
its name, a copy of its governing instrument, a list of the
banks with which it is affiliated, a statement of the facts
which establish the affiliate relationship, and such other in-
formation as may be appropriate. All affidavits shall be avail-
able for public inspection and copying during regular office
hours.
(b) Upon an affiliate transfer by a bank, the affiliated
trust company, in each fiduciary capacity transferred, shall
thenceforth be responsible for the performance of all of the
duties, responsibilities, and obligations of the bank in such
fiduciary capacity, and any claim existing or action or pro-
ceeding pending by or against the fiduciary may be prosecu-
ted as if the affiliate transfer had not taken place and the
affiliated trust company, as fiduciary, may be substituted
in place of the bank, as fiduciary. Neither the rights of credi-
tors to nor any liens upon the property held in any fiduciary
capacity shall be impaired by any affiliate transfer.
7-1-322. (a) Notwithstanding the provisions of Code
Section 7-1-321, no affiliate transfer shall relieve the bank
GEORGIA LAWS 1986 SESSION
1247
of any liability with respect to any of its acts and doings
as fiduciary, and the bank shall remain liable and responsi-
ble to all affiliate transfer beneficiaries and other parties
at interest with respect to all actions of the affiliated trust
company as if performed by the bank itself.
(b) The bank shall be relieved of any claims, liabilities,
or actions arising after the affiliate transfer where such affili-
ate transfer is expressly authorized by the terms of the in-
strument governing the fiduciary capacity.
(c) Upon application by an interested party, the bank
shall within 30 days either abandon the affiliate transfer
subject to such application or proceed to have a successor
fiduciary appointed as provided by law.
(d) Nothing in this Code section shall be construed to
impair any right of the grantor or beneficiaries of any fiduci-
ary relationship under applicable instruments or otherwise
to secure or provide for the appointment of a substituted
fiduciary.
7-1-323. In addition to and not in limitation of the other
powers provided in this part, any bank shall be entitled and
empowered to designate an affiliated trust company as its
agent for the performance of all acts, obligations, and respon-
sibilities of the bank with respect to any fiduciary capacity.
In such event, the bank shall remain fully responsible and
liable with respect to all actions of the affiliated trust com-
pany as if performed by the bank itself. No such agency
relationship shall:
(1) Be deemed an impermissible delegation of re-
sponsibility or duty by the bank; or
(2) Constitute a resignation or disqualification of the
bank as fiduciary or a relinquishment of trust powers
by the bank.
7-1-324. Upon any affiliate transfer, the affiliate trust
company may be designated in any deed, trust, agreement,
filing, instrument, notice, certificate, pleading, or other docu-
ment as successor fiduciary pursuant to this part.
1248 GENERAL ACTS AND RESOLUTIONS, VOL. I
7-1-325. Except as expressly provided, nothing in this
part shall be construed to amend or modify in any way the
laws of the State of Georgia with respect to the establishment
of banks, trust companies, branch banks, or bank holding
companies or the conduct of the banking business or any
part thereof.
Section 2. Said chapter is further amended by striking
Code Section 7-1-612, relating to the power of banks to contract
with other banks for trust services, in its entirety and substitut-
ing in lieu thereof a new Code Section 7-1-612 to read as follows:
"7-1-612. Notwithstanding any other provisions of this
part to the contrary, any bank or trust company which does
not exercise trust powers as provided in this chapter,
whether or not such powers have been incorporated into
its articles, may, with the consent of the department, con-
tract with any bank or trust company exercising trust pow-
ers to provide for the latter bank or trust company to offer
trust services through the branches and offices of the former
bank or trust company.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1249
JUDGES OF THE PROBATE COURTS RETIREMENT
FUND OF GEORGIA RETIREMENT BENEFITS;
DISABILITY BENEFITS.
Code Section 47-11-71 Amended.
Code Section 47-11-73 Enacted.
No. 1603 (Senate Bill No. 4).
AN ACT
To amend Chapter 11 of Title 47 of the Official Code of Geor-
gia Annotated, relating to the Judges of the Probate Courts
Retirement Fund of Georgia, so as to provide for additional
increased retirement benefits; to provide for eligibility for dis-
ability benefits; to provide for the determination of disability;
to provide for the amount of disability 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 11 of Title 47 of the Official Code of
Georgia Annotated, relating to the Judges of the Probate Courts
Retirement Fund of Georgia, is amended by adding at the end
of Code Section 47-11-71, relating to amount of retirement bene-
fits for probate judges, a new subsection (f) to read as follows:
"(f) Any other provision of law to the contrary notwith-
standing, an additional retirement benefit shall be paid to
each person who is receiving benefits on July 1, 1986, or
who becomes entitled to receive benefits on or after July
1,1986. Such additional benefits shall be equal to 25 percent
of the benefit such person would otherwise be entitled to
receive as calculated pursuant to subsections (a) through
(e) of this Code section.
Section 2. Said chapter is further amended by adding at
the end of Article 5 a new Code Section 47-11-73 to read as
follows:
"47-11-73. Notwithstanding any other provisions of this
chapter to the contrary, a member may retire after complet-
1250
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing four years of creditable service if he becomes totally
and permanently disabled after commencing service as a
probate judge. Any such probate judge shall be entitled to
receive retirement benefits in the amount that he would
receive if his retirement were effective at the time he became
disabled. All questions relating to the degree and nature
of the total and permanent disability suffered by the probate
judge shall be determined by the board.
Section 3. This Act shall become effective July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
SECRETARIES OF SUPERIOR COURT JUDGES AND
DISTRICT ATTORNEYS; CREDITABLE SERVICE.
Code Section 47-2-264 Amended.
No. 1604 (Senate Bill No. 50).
AN ACT
To amend Part 7 of Article 8 of Chapter 2 of Title 47 of
the Official Code of Georgia Annotated, relating to membership
of certain judicial officers and employees in the Employees Re-
tirement System of Georgia, so as to provide that certain secre-
taries of superior court judges and district attorneys shall have
the right to purchase service credit for certain periods of time
during which they were employed as such secretaries prior to
becoming members of the retirement system; to provide for re-
lated matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
1251
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 7 of Article 8 of Chapter 2 of Title 47 of
the Official Code of Georgia Annotated, relating to membership
of certain judicial officers and employees in the Employees Re-
tirement System of Georgia, is amended by striking Code Section
47-2-264, relating to membership in the retirement system of
secretaries of superior court judges and district attorneys, and
inserting in lieu thereof a new Code Section 47-2-264 to read
as follows:
"47-2-264. (a) Each secretary employed by a judge of
the superior court or a district attorney under Code Section
15-6-25 or 15-18-17 shall be a member of the Employees
Retirement System of Georgia with a commencement date
of July 1,1975. Any such secretary who is already a member
of the retirement system by virtue of service with another
employer shall be entitled to credit for all service rendered
while an employee under the retirement system. All contri-
butions required under this chapter shall be paid from funds
appropriated or otherwise available for the operation of the
superior courts, and all such payments shall be in addition
to the regular compensation provided by law for such secre-
taries.
(b) Any member who is a secretary of a judge of the
superior court or a district attorney and who was employed
as such a secretary prior to July 1, 1975, may receive credit-
able service under this chapter for such employment prior
to July 1, 1975, as provided in this subsection. In order to
obtain creditable service under this subsection, the member
shall provide to the board of trustees acceptable evidence
of the period prior to July 1,1975, during which the member
was employed as a secretary of a judge of the superior court
or a district attorney and shall pay to the board of trustees
an amount determined by the board to be sufficient to cover
the full actuarial cost of granting the creditable service
claimed by the member. No creditable service shall be al-
lowed under this subsection for any period of employment
for which creditable service is allowed under any other provi-
sion of this chapter or for which creditable service is received
under any provision of any other retirement or pension
1252
GENERAL ACTS AND RESOLUTIONS, VOL. I
system of this state or of any political subdivision of this
state.
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
SUPERIOR COURT CLERKS RETIREMENT FUND OF
GEORGIA RETIREMENT BENEFITS FOR CLERKS AND
THEIR SPOUSES.
Code Sections 47-14-70, 47-14-71, 47-14-74,
and 47-14-75 Amended.
No. 1605 (Senate Bill No. 109).
AN ACT
To amend Chapter 14 of Title 47 of the Official Code of Geor-
gia Annotated, relating to the Superior Court Clerks Retire-
ment Fund of Georgia, so as to change the provisions relating
to retirement benefits for clerks of the superior court and their
spouses who are receiving benefits under this chapter or who
may become eligible for benefits in the future; to provide for
other matters relative thereto; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 14 of Title 47 of the Official Code of
Georgia Annotated, relating to the Superior Court Clerks Re-
tirement Fund of Georgia, is amended by striking in their en-
tirety subsections (a), (d), and (e) of Code Section 47-14-70, relat-
ing to eligibility for retirement benefits, and inserting in lieu
thereof new subsections (a), (d), and (e) to read as follows:
GEORGIA LAWS 1986 SESSION
1253
"(a) A member with at least 20 years of service shall
receive retirement benefits of $680.00 per month upon retire-
ment, provided that at least 12 years of such service shall
have been served as a clerk, and the member must have
served continuously as a clerk for the four years immediately
preceding his retirement. Subject to the restrictions set out
in this subsection, in computing such service, a member also
may include service as a deputy clerk of the superior court
and not more than four years of service as a member of
the armed forces of the United States on active duty during
any period of time in which the United States was engaged
in an armed conflict, regardless of whether a state of war
had been declared by Congress, provided that no service as
a member of the armed forces of the United States shall
be deemed as service for purposes of obtaining retirement
benefits under this chapter if such service has or will be
used in the determination of the members eligibility for
retirement benefits or allowances from any other state or
federal retirement program, excluding social security. A
clerk of the superior court may not include service for eligi-
bility purposes for years in which the clerk has not completed
the training requirements set out in paragraph (1) of subsec-
tion (c) of Code Section 15-6-50.
"(d) A member with at least 16 years of service either
as a clerk or deputy clerk shall receive retirement benefits
of $544.00 per month upon retirement, provided that at least
eight years of such service shall have been served as a clerk,
and the member must have served continuously as a clerk
for the four years immediately preceding his retirement.
No other type of service shall be counted toward such retire-
ment benefit.
"(e) A member with at least 12 years of service either
as a clerk or deputy clerk shall receive retirement benefits
of $408.00 per month upon retirement, provided that at least
eight years of such service shall have been served as a clerk,
and the member must have served continuously as a clerk
for the four years immediately preceding his retirement.
No other type of service shall be counted toward such retire-
ment benefit.
Section 2. Said chapter is further amended by striking
in its entirety Code Section 47-14-71, relating to eligibility for
1254 GENERAL ACTS AND RESOLUTIONS, VOL. I
disability benefits, and inserting in lieu thereof a new Code Sec-
tion 47-14-71 to read as follows:
"47-14-71. Notwithstanding any other provisions of this
chapter to the contrary, a member may retire after complet-
ing 16 years of creditable service if he becomes totally and
permanently disabled after commencing service as a clerk.
Any such clerk shall be entitled to receive retirement bene-
fits in the amount of $680.00 per month. All questions relat-
ing to the degree and nature of the total and permanent
disability suffered by the clerk shall be determined by the
board.
Section 3. Said chapter is further amended by striking
in its entirety Code Section 47-14-74, relating to application of
certain increases in benefits to benefits paid to surviving spouses,
and inserting in lieu thereof a new Code Section 47-14-74 to
read as follows:
"47-14-74. The increases in retirement benefits result-
ing from changes made in this chapter prior to January 1,
1986, and the increases in retirement benefits resulting from
changes made in this chapter during calendar year 1986
shall also be used in the computation of any retirement bene-
fits allowed a surviving spouse of a deceased clerk pursuant
to the terms of this chapter.
Section 4. Said chapter is further amended by striking
in its entirety Code Section 47-14-75, relating to eligibility for
benefit increases enacted on April 1, 1983, and inserting in lieu
thereof a new Code Section 47-14-75 to read as follows:
"47-14-75. Any other provisions of this chapter to the
contrary notwithstanding, each member who retired prior
to July 1, 1986, and all members who have ceased their
service as clerks but have not yet reached retirement age
shall receive benefits under this chapter in the same amount
as a member with the same number of years of service would
receive if such member retired on July 1, 1986. This Code
section shall not reduce the amount of any benefits which
a retired member or the spouse of a deceased member is
receiving on June 30, 1986. The increased benefits provided
by Code Section 47-14-71 and subsections (a), (d), and (e) of
GEORGIA LAWS 1986 SESSION
1255
Code Section 47-14-70 shall be paid to retired members and
spouses of deceased members, effective on July 1, 1986.
Section 5. This Act shall become effective July 1, 1986.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LEGISLATIVE RETIREMENT SYSTEM
EMPLOYEE CONTRIBUTIONS; SERVICE
RETIREMENT ALLOWANCE.
Code Sections 47-6-60 and 47-6-80 Amended.
No. 1606 (Senate Bill No. 120).
AN ACT
To amend Chapter 6 of Title 47 of the Official Code of Georgia
Annotated, relating to the Georgia Legislative Retirement Sys-
tem, so as to provide for an additional employee contribution
to the system; to increase the monthly service retirement allow-
ance; to provide that increases in the monthly service retirement
allowance shall apply to present beneficiaries as well as to mem-
bers who retire after the increase becomes effective; 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 6 of Title 47 of the Official Code of
Georgia Annotated, relating to the Georgia Legislative Retire-
ment System, is amended by adding at the end of Code Section
47-6-60, relating to employee contributions to the retirement
system, a new subsection (f) to read as follows:
1256
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(f) In addition to the employee contributions required
by subsections (a) and (d) of this Code section, effective July
1,1986, each member shall contribute 1 percent of the mem-
bers monthly salary to the system. Such members shall have
such additional amount of employee contributions required
by this subsection deducted by the legislative fiscal officer
from their monthly salary along with the other deduction
from such salary made by said legislative fiscal officer pur-
suant to subsections (a) and (d) of this Code section.
Section 2. Said chapter is further amended by striking
subsection (d) of Code Section 47-6-80, relating to the retirement
allowance and application therefor, in its entirety and substitut-
ing in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Upon such retirement under subsection (a) of this
Code section, the retired member shall receive a monthly
service retirement allowance which shall be equal to $20.00
multiplied by the number of years of the members creditable
service.
(e) Any increase in the monthly service retirement al-
lowance which becomes effective on July 1, 1986, or at any
time after that date as a result of a change in the benefit
formula provided for by subsection (d) of this Code section
shall be applicable to retired former members who are bene-
ficiaries of the system at the time the increase becomes effec-
tive as well as to members who retire after the increase
becomes effective.
Section 3. This Act shall become effective July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1257
SUPERIOR COURT JUDGES RETIREMENT SYSTEM
COST-OF-LIVING ADJUSTMENTS; APPLICABILITY TO
SURVIVING SPOUSES.
Code Section 47-9-76 Amended.
No. 1607 (Senate Bill No. 174).
AN ACT
To amend Code Section 47-9-76 of the Official Code of Georgia
Annotated, relating to cost-of-living benefit adjustments under
the Superior Court Judges Retirement System, so as to provide
that such cost-of-living adjustments shall apply to the surviving
spouses of members who elected cost-of-living benefit adjust-
ments and spouses benefits coverage; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-9-76 of the Official Code of Geor-
gia Annotated, relating to cost-of-living benefit adjustments un-
der the Superior Court Judges Retirement System, is amended
by adding at the end thereof a new subsection (c) to read as
follows:
"(c) The cost-of-living postretirement benefit adjust-
ments provided for by this Code section shall apply to the
surviving spouse of any member who had selected coverage
under this Code section and who had selected spouses bene-
fits coverage under Code Section 47-9-73.
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 9, 1986.
1258
GENERAL ACTS AND RESOLUTIONS, VOL. I
TEACHERS RETIREMENT SYSTEM OF GEORGIA
MEMBERS WHO WERE FORMER MEMBERS OF THE
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA;
WITHDRAWAL OF CONTRIBUTIONS.
Code Section 47-3-85 Amended.
No. 1608 (Senate Bill No. 206).
AN ACT
To amend Code Section 47-3-85 of the Official Code of Georgia
Annotated, relating to credit under the Teachers Retirement
System of Georgia for service rendered by former members of
the Employees Retirement System of Georgia who withdrew
employee contributions from said retirement system, so as to
change the provisions relating to the number of times contribu-
tions may be withdrawn from the Employees Retirement Sys-
tem of Georgia; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-3-85 of the Official Code of Geor-
gia Annotated, relating to credit under the Teachers Retirement
System of Georgia for service rendered by former members of
the Employees Retirement System of Georgia who withdrew
employee contributions from said retirement system, is
amended by striking subsection (a) in its entirety and substitut-
ing in lieu thereof a new subsection (a) to read as follows:
"(a) Any current member who was previously a member
of the Employees Retirement System of Georgia, set forth
in Chapter 2 of this title, and who withdrew employee contri-
butions from that system not more than three times after
January 1,1961, may establish the service under that system
as creditable service under this retirement system, upon ren-
dering at least three years of service as a contributing mem-
ber of this retirement system, provided that such member
pays into this retirement system for all such service rendered
while a member of the Employees Retirement System of
GEORGIA LAWS 1986 SESSION
1259
Georgia an amount equal to the minimum employee contri-
butions required for continuous members of this retirement
system, plus regular interest that would have accrued on
such amount from the date that contributions to the Employ-
ees Retirement System of Georgia were withdrawn to the
date such amount is paid. The Employees Retirement Sys-
tem of Georgia shall pay to this retirement system the em-
ployer contributions paid to the Employees Retirement Sys-
tem of Georgia, plus accrued interest, for any such member
upon receipt of notice from this retirement system.
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 9, 1986.
DOMESTIC RELATIONS REVISION OF PERMANENT
ALIMONY FOR THE SUPPORT OF A CHILD;
CHANGE IN INCOME OR FINANCIAL STATUS OF
EITHER FORMER SPOUSE.
Code Sections 19-6-19 and 19-6-20 Amended.
No. 1609 (Senate Bill No. 445).
AN ACT
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 revision of certain awards of permanent ali-
mony for the support of a child or children upon the filing of
certain petitions showing a change in the income or financial
status of either former spouse or in the needs of the child or
children; to provide for such revision by the jury or the judge;
to provide for certain issues that warrant either a downward
1260
GENERAL ACTS AND RESOLUTIONS, VOL. I
or upward revision or modification of certain permanent ali-
mony judgments; to provide for applicability; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 6 of Title 19 of the Official Code of
Georgia Annotated, relating to alimony and child support gener-
ally, is amended by striking subsection (a) of Code Section 19-
6-19, relating to revision of judgments for permanent alimony
or child support, and inserting in its place a new subsection
(a) to read as follows:
"(a) The judgment of a court providing permanent ali-
mony for the support of a spouse rendered on or after July
1, 1977, shall be subject to revision upon petition filed by
either former spouse showing a change in the income and
financial status of either former spouse. The judgment of
a court providing permanent alimony for the support of a
child or children rendered on or after July 1, 1977, shall
be subject to revision upon petition filed by either former
spouse showing a change in the income and financial status
of either former spouse or in the needs of the child or chil-
dren. In either case a petition shall be filed and returnable
under the same rules of procedure applicable to divorce pro-
ceedings. No petition may be filed by either former spouse
under this subsection within a period of two years from the
date of the final order on a previous petition by the same
former spouse. After hearing both parties and the evidence,
the jury, or the judge where a jury is not demanded by either
party, may modify and revise the previous judgment, in ac-
cordance with the changed income and financial status of
either former spouse in the case of permanent alimony for
the support of a former spouse, or in accordance with the
changed income and financial status of either former spouse
or in the needs of the child or children in the case of perma-
nent alimony for the support of a child or children, if such
a change in the income and financial status is satisfactorily
proved so as to warrant the modification and revision. In
the hearing upon a petition filed as provided in this subsec-
tion, testimony may be given and evidence introduced rela-
tive to the income and financial status of either former
spouse.
GEORGIA LAWS 1986 SESSION
1261
Section 2. Said chapter is further amended by striking
Code Section 19-6-20, relating to certain merits not at issue,
and inserting in its place a new Code Section 19-6-20 to read
as follows:
"19-6-20. In the trial on a petition authorized in subsec-
tion (a) of Code Section 19-6-19, the merits of whether a
party, a child or children, or both, are entitled to alimony
and support are not an issue. The only issue is whether
there has been such a substantial change in the income and
financial status of either former spouse or in the needs of
the child or children, in cases of permanent alimony for
the support of a child or children, or in the income and
financial status of either former spouse, in cases of perma-
nent alimony for the support of a former spouse, as to war-
rant either a downward or upward revision or modification
of the permanent alimony judgment.
Section 3. This Act shall become effective July 1, 1986.
The provisions of this Act shall apply to judgments providing
permanent alimony for the support of a child or children ren-
dered on or after July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1262
GENERAL ACTS AND RESOLUTIONS, VOL. I
TEACHERS RETIREMENT SYSTEM OF GEORGIA
AVERAGE COMPENSATION.
Code Section 47-3-120 Amended.
No. 1610 (House Bill No. 251).
AN ACT
To amend Code Section 47-3-120 of the Official Code of Geor-
gia Annotated, relating to retirement allowances under the
Teachers Retirement System of Georgia, so as to change the
provisions relative to the computation of average compensation;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-3-120 of the Official Code of
Georgia Annotated, relating to retirement allowances under the
Teachers Retirement System of Georgia, is amended by striking
subsection (d) in its entirety and substituting in lieu thereof a
new subsection (d) to read as follows:
"(d) No more than two increases in compensation
granted during the two consecutive years on which aver-
age compensation is based under paragraph (2) of subsec-
tion (a) of this Code section shall be considered in the
computation of such average compensation. For those
members who are not employees of the Board of Regents
of the University System of Georgia, that part of any
such increase in compensation which exceeds a percent-
age equal to the average annual increase in compensa-
tion granted to classroom teachers by appropriations of
the General Assembly, plus 21/2 percent of compensa-
tion received at the time the annual increase granted
by appropriations becomes effective, shall not be consid-
ered in the computation of average compensation. For
those members who are employees of the Board of Re-
gents of the University System of Georgia, that part of
any such increase in compensation which exceeds a per-
GEORGIA LAWS 1986 SESSION
1263
centage equal to the average annual increase in compen-
sation granted to academic personnel employed by said
board of regents by appropriations of the General Assem-
bly, plus 21/2 percent of compensation received at the
time the annual increase granted by appropriations be-
comes effective, shall not be considered in the computa-
tion of average compensation.
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 9, 1986.
EDUCATION SICK AND ANNUAL LEAVE FOR
TEACHERS AND OTHER PERSONNEL; BREAKS IN
SERVICE; CERTIFICATION.
Code Section 20-2-850 Amended.
No. 1611 (House Bill No. 345).
AN ACT
To amend Code Section 20-2-850 of the Official Code of Geor-
gia Annotated, relating to sick and annual leave for teachers
and other personnel, so as to provide that accumulated sick
and annual leave shall not be forfeited for a certain break in
service if the break in service is to seek a higher or different
level of certification; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 20-2-850 of the Official Code of
Georgia Annotated, relating to sick and annual leave for teach-
1264 GENERAL ACTS AND RESOLUTIONS, VOL. I
ers and other personnel, is amended by striking subsection (b)
in its entirety and substituting in lieu thereof a new subsection
(b) to read as follows:
"(b) Any unused sick and personal leave accumulated
by personnel pursuant to subsection (a) of this Code section
shall be credited to such personnel and shall be transferred
when there is a change in the employment of such personnel
from one local board of education to another, but no local
board of education shall be required to transfer funds to
another, nor shall the State Board of Education provide
funds to a local unit of administration beyond those autho-
rized by Code Section 20-2-161 to finance the potential or
actual cost incurred by a local unit of administration through
the employment of personnel transferring accumulated un-
used sick and personal leave. Any accumulated unused sick
and personal leave credited to personnel shall be forfeited
if such personnel withdraw from service for a period of 12
or more consecutive months, unless the withdrawal from
service is for educational leave to seek a higher level or
different field of certification and provided that the with-
drawal from service for this purpose is for no longer than
24 consecutive months.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1265
SUPERIOR COURT JUDGES RETIREMENT SYSTEM
CALCULATION OF SPOUSES BENEFITS UPON DEATH OF
A MEMBER.
Code Section 47-9-73 Amended.
No. 1612 (House Bill No. 397).
AN ACT
To amend Code Section 47-9-73 of the Official Code of Georgia
Annotated, relating to spouses benefits coverage under the Supe-
rior Court Judges Retirement System, so as to change the provi-
sions relating to the calculating of spouses benefits upon the
death of a member; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-9-73 of the Official Code of Geor-
gia Annotated, relating to spouses benefits coverage under the
Superior Court Judges Retirement System, is amended by strik-
ing subsection (b) in its entirety and inserting in lieu thereof
a new subsection (b), to read as follows:
"(b) Upon the death of a member who is subject to this
Code section and who has attained a minimum of ten years
of creditable service, the surviving spouse of such member
shall be entitled to receive for life, or until the remarriage
of such surviving spouse, a monthly sum equal to 50 percent
of the retirement benefit which the member was receiving
at the time of the members death, if retired at such time,
or which would have been payable to the member had the
member retired as of the date of the members death or, if
the member had not attained age 60 at the time of death,
50 percent of the retirement benefit the member would have
received had the member lived and retired at age 60, as
applied to members in service on June 30, 1986, but as ap-
plied to persons first or again becoming members on or after
July 1, 1986, who have not attained age 60 at the time of
death, the benefit of the surviving spouse shall be 50 percent
1266
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the retirement benefit the member would have received
as if the member were age 60 on the date of death based
on the number of years of creditable service the member
had on the date of death.
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
COUNTY PROBATION SYSTEM EMPLOYEES.
Code Section 47-2-296 Amended.
No. 1613 (House Bill No. 422).
AN ACT
To amend Code Section 47-2-296 of the Official Code of Geor-
gia Annotated, relating to rights and options of county probation
system employees in connection with the Employees Retire-
ment System of Georgia, so as to change the provisions relating
to employee and employer contributions in cases where an em-
ployee elects to continue membership in a local retirement sys-
tem; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-2-296 of the Official Code of
Georgia Annotated, relating to rights and options of county pro-
bation system employees in connection with the Employees Re-
tirement System of Georgia, is amended by striking subsection
GEORGIA LAWS 1986 SESSION
1267
(c) in its entirety and inserting a new subsection (c) to read as
follows:
"(c) If an employee subject to this Code section was a
member of a local retirement system at the time the applica-
ble 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 pro-
vided in this subsection or become a member of the Employ-
ees 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
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 mem-
bership 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 Correc-
tions 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. Except as otherwise
provided in this subsection for the use of certain employer
contributions to offset required employee contributions, 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 de-
partment 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 manag-
ing body of the local retirement system whereby the depart-
ment may deduct such employee contributions from the com-
pensation 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 on the basis of the state salary paid
to such employees electing to continue membership in the
1268 GENERAL ACTS AND RESOLUTIONS, VOL. I
local retirement system and shall be paid by the Department
of Corrections or by another state department when applica-
ble to the local retirement system; provided, however, that,
if the employer contributions paid by the Department of
Corrections or other state department exceed the employer
contributions applicable to all other employees of the local
retirement system, the difference between the percentage
rate of employer contributions paid by the Department of
Corrections or other state department and the percentage
rate of employer contributions applicable to all other em-
ployees of the local retirement system shall be applied to
offset the percentage rate of employee contributions required
of such state employees remaining in the local retirement
system; provided, further, that, if the employer contributions
to be paid by the Department of Corrections or other state
department under this subsection would exceed the total
employee and employer contributions required under the
local retirement system, the Department of Corrections or
other state department shall only be required to pay the
total amount of such employee and employer contributions
required under the local retirement system. An employee
continuing membership under a local retirement system un-
der this subsection shall retain all rights, benefits, and privi-
leges under the local retirement system in the same manner
and to the same extent as if the employee remained an em-
ployee of the county. An employee electing to continue mem-
bership in a local retirement system shall not be and may
not become a member of the Employees Retirement System
of Georgia.
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1269
LOCAL GOVERNMENTS DISCLOSURE BY OFFICIALS OF
INTERESTS IN PROPERTY TO BE REZONED; DISCLOSURE
OF CONTRIBUTIONS OR GIFTS.
Code Title 36, Chapter 85 Enacted.
No. 1614 (House Bill No. 618).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated,
relating to local government, so as to require certain disclosures
when any local government official or a member of the officials
family has certain interests in certain property to be rezoned
or in a business entity which has certain interests in that prop-
erty; to provide for definitions; to require applicants for rezoning
actions to make certain disclosures if the applicants make cer-
tain contributions or gifts; to provide for penalties; 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 Anno-
tated, relating to local government, is amended by adding at
the end thereof a new Chapter 85 to read as follows:
"CHAPTER 85
36-85-1. As used in this chapter, the term:
(1) 'Applicant means any individual or business en-
tity applying for rezoning action.
(2) 'Business entity means any corporation, part-
nership, limited partnership, firm, enterprise, franchise,
association, or trust.
(3) 'Financial interest means all direct ownership
interests of the total assets or capital stock of a business
entity where such ownership interest is 10 percent or
more.
1270 GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) 'Local government means any county or munici-
pality of this state.
(5) 'Local government official means any member
of the governing authority of a local government or any
member of a planning or zoning commission.
(6) 'Member of the family means the spouse,
mother, father, brother, sister, son, or daughter of a local
government official.
(7) 'Property interest means the direct or indirect
ownership of real property and includes any percentage
of ownership less than total ownership.
(8) 'Real property means any tract or parcel of land
and, if developed, any buildings or structures located on
the land.
(9) 'Rezoning action means action by local govern-
ment adopting an amendment to a zoning ordinance
which has the effect of rezoning real property from one
zoning classification to another.
36-85-2. A local government official who:
(1) Has a property interest in any real property af-
fected by a rezoning action upon which that official is
authorized to vote;
(2) Has a financial interest in any business entity
which has a property interest in any real property af-
fected by a rezoning action upon which that official is
authorized to vote; or
(3) Has a member of the family having any interest
described in paragraph (1) or (2) of this Code section
shall immediately disclose the nature and extent of such
interest, in writing, to the governing authority of the local
government in which the local government official is a mem-
ber. Such disclosures shall be a public record and available
for public inspection at any time during normal working
hours.
GEORGIA LAWS 1986 SESSION
1271
36-85-3. (a) When any applicant for rezoning action
has made, within two years immediately preceding the filing
of that applicants application for the rezoning action, cam-
paign contributions aggregating $250.00 or more or made
gifts having in the aggregate a value of $250.00 or more
to a local government official of the local government which
will consider the application, it shall be the duty of the appli-
cant and the attorney representing the applicant to file a
disclosure report with the governing authority of the respec-
tive local government showing:
(1) The name of the local government official to
whom the campaign contribution or gift was made;
(2) The dollar amount of each campaign contribu-
tion made by the applicant to the local government offi-
cial during the two years immediately preceding the fil-
ing of the application for the rezoning action and the
date of each such contribution; and
(3) An enumeration and description of each gift hav-
ing a value of $250.00 or more made by the applicant
to the local government official during the two years im-
mediately preceding the filing of the application for the
zoning change.
(b) The disclosures required by subsection (a) of this
Code section shall be filed within ten days after the applica-
tion for the rezoning action is first filed.
36-85-4. Any local government official knowingly failing
to make a disclosure required by Code Section 36-85-2 shall
be guilty of a misdemeanor. Any applicant for rezoning ac-
tion knowingly failing to make any disclosure as required
by Code Section 36-85-3 shall be guilty of a misdemeanor.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1272
GENERAL ACTS AND RESOLUTIONS, VOL. I
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
YEARS SUPPORT; APPRAISERS; AMOUNT; PROCEDURES;
TIME PERIODS; RIGHTS OF REDEMPTION; SCHEDULES.
Code Title 53, Chapter 5 Amended.
No. 1615 (House Bill No. 908).
AN ACT
To amend Chapter 5 of Title 53 of the Official Code of Georgia
Annotated, relating to years support for spouses and children
from decedents estates, so as to eliminate provisions for the
determination of years support by appraisers; to provide criteria
for determining the amount of years support; to change the
period of time for which years support may be granted; to clarify
provisions relating to rights of redemption in property set aside;
to provide that an application for years support shall contain
a schedule of the property or a statement of the amount of
money or both which the applicant proposes to have set aside
as years support; to provide that if there is no objection years
support shall be set aside as proposed by the applicant; to provide
that if there is objection the property or money or both to be
set aside shall be determined by the judge of the probate court;
to provide for procedures and for all related matters; to provide
for an effective date and for applicability; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 53 of the Official Code of
Georgia Annotated, relating to years support for spouses and
children from decedents estates, is amended by striking Code
Section 53-5-2, relating to the right to and procedure for setting
aside years support, and inserting in its place a new Code section
to read as follows:
"53-5-2. (a) Among the necessary expenses of adminis-
tration, and to be preferred before all other debts, except
as otherwise specially provided, is the provision for the sup-
port of the family, to be ascertained as provided in this Code
section.
GEORGIA LAWS 1986 SESSION
1273
(b) Upon the death of any person testate or intestate,
leaving an estate solvent or insolvent and leaving a spouse,
or a spouse and minor child or children, or minor child or
children only, on the application of the spouse, the guardian
of the child or children, or any other person in their behalf,
proceedings shall be held to set apart and assign to the spouse
and children, or children only, either in property or money,
a sufficiency from the estate for their support and mainte-
nance for the space of 12 months from the date of death
of the testator or intestate, to be determined using the crite-
ria established in subsection (c) of this Code section and keep-
ing in view also the solvency of the estate. If there is a
spouse, there shall also be set apart for the use of the spouse
and the children a sufficient amount of the household furni-
ture. Notwithstanding any other provisions of this Code sec-
tion, the amount set apart for the family shall in no event
be less than the sum of $1,600.00 if the estate is of that
value; and, if it appears upon a just appraisement of the
estate that it does not exceed in value the sum of $1,600.00,
excluding household goods and furnishings, the whole estate
shall be set apart for the support and maintenance of the
spouse and child or children or, if no surviving spouse, to
the lawful guardian of the child or children, for their benefit;
provided, however, that all taxes and liens for taxes accrued
against the property set apart, and any equity of redemption
applicable to the property set apart, shall be divested as if
the entire title were included in the years support.
(c) The amount to be set apart under subsection (b) of
this Code section shall be an amount sufficient to maintain
the standard of living that the surviving spouse and each
minor child had prior to the death of the testator or intestate,
taking into consideration the following:
(1) The support available to the person, for whom
the property or money is to be set apart, from sources
other than years support, including but not limited to
any separate estate and earning capacity of that person;
and
(2) Such other relevant criteria as the court deems
equitable and proper.
(d) All applications for a years support from the estate
of a decedent shall be filed within three years from the date
1274 GENERAL ACTS AND RESOLUTIONS, VOL. I
of death of the decedent; and, in addition thereto, application
for a years support by a spouse or for the benefit of a spouse
must be made and filed during the time that the spouse is
widowed and while the spouse is living and not otherwise.
Section 2. Said chapter is further amended by striking
Code Section 53-5-4, relating to support for subsequent years,
and inserting in its place a new Code section to read as follows:
"53-5-4. When an estate is to be kept together for more
than 12 months and there are no debts to pay, the surviving
spouse and minor children to be supported out of the estate
shall, upon application and proceedings thereon as in the
case of an initial years support, have a years support for
each year that the estate may be kept together.
Section 3. Said chapter is further amended by striking
Code Section 53-5-6, relating to applications for years support,
and inserting in its place a new Code section to read as follows:
"53-5-6. All applications for years support, if made for
a surviving spouse or a minor or unborn child, shall contain
the following information:
(1) If for a surviving spouse, the spouses given
names; maiden name, where applicable; and deceased
persons surname;
(2) If for a minor, the full name, birthdate (if known),
and age. This information shall be furnished for each
minor child for whom application is made;
(3) If for an unborn child, the deceased fathers sur-
name and 'unborn child in lieu of a given name; and
(4) A schedule of the property or a statement of the
amount of money or both which the applicant proposes
to have set aside as years support.
Section 4. Said chapter is further amended by striking
Code Section 53-5-7, relating to appraisal proceedings and the
effect of years support awards, and inserting in its place a new
Code section to read as follows:
GEORGIA LAWS 1986 SESSION
1275
"53-5-7. An order of the court awarding years support
shall have the same force and effect as to property located
outside of the county where the administration is pending
or where the decedent resided at the time of his death as
where property set aside is located in the county where the
administration is pending or where thd decedent resided at
the time of his death; and title to property both inside and
outside the county where administration is pending or where
the decedent resided at the time of his death shall vest in
the surviving spouse, spouse and children, or children only,
as provided by law.
Section 5. Said chapter is further amended by striking
subsections (a) and (b) of Code Section 53-5-8, relating to proceed-
ings for years support, and inserting in their place new subsec-
tions to read as follows:
"(a) A copy of the application filed with the judge of
the probate court shall be mailed by the judge within five
days to the tax commissioner or tax collector of any county
in which property proposed to be set apart is located, if the
property is in a county other than the county where the
application for a years support has been filed. Where any
real property is included in the property proposed to be set
apart and assigned as a years support, the application for
years support shall fully and accurately describe the real
property.
(b) Upon the filing of the application, the judge shall
issue citation and publish notice as required in the appoint-
ment of permanent administrators, citing all persons con-
cerned to show cause why the application for a years support
should not be granted. If no objection is made after the publi-
cation of the notice for four weeks or, if made, is disallowed,
the judge shall enter an order setting aside as years support
the property or money or both applied for, as set out in
the application. If there is objection to the amount of money
or the nature of property or both proposed to be set aside
as years support, the judge of the probate court shall deter-
mine the money or property or both to be set aside according
to the standards set out in Code Section 53-5-2. If an appeal
is taken, pending the appeal the family shall be furnished
with necessaries by the representative of the estate.
1276 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. Said chapter is further amended by striking
Code Section 53-5-9, relating to years support for minor children
of different spouses, and inserting in its place a new Code section
to read as follows:
"53-5-9. If the decedent leaves minor children by differ-
ent spouses, the judge of the probate court shall specify the
portion going to the children of the former spouse or spouses,
which portion shall vest in the children.
Section 7. Said chapter is further amended by striking
subsection (a) of Code Section 53-5-10, relating to vesting of title
of property set apart, and inserting in its place a new subsection
to read as follows:
"(a) Title to the property set apart shall vest in the
surviving spouse and child or children or, if there is no sur-
viving spouse, in the children, share and share alike; and
the property shall not be administered as the estate of the
deceased spouse or parent.
Section 8. Said chapter is further amended by striking
subsection (a) of Code Section 53-5-12, relating to charges and
fees in years support proceedings, and inserting in its place a
new subsection (a) to read as follows:
"(a) The fees of the judge of the probate court shall
be paid by the applicant for a years support out of the fund
set apart.
Section 9. This Act shall become effective July 1, 1986,
and shall apply to applications for years support filed on or
after said effective date.
Section 10. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1277
CIVIL PRACTICE DISCOVERY; PRODUCTION OF
DOCUMENTS; NONPARTIES WHO ARE PRACTITIONERS
OF THE HEALING ARTS, HOSPITALS, OR HEALTH CARE
FACILITIES; EVIDENCE; PRIVILEGED COMMUNICATIONS
TO A CLERGYMAN; MEDICAL INFORMATION.
Code Sections 9-11-34, 24-9-22, and 24-9-40 Amended.
No. 1616 (House Bill No. 962).
AN ACT
To revise the scope of certain privileges against divulging
information and certain procedures to secure documents from
otherwise privileged sources; to amend Code Section 9-11-34 of
the Official Code of Georgia Annotated, relating to the produc-
tion of documents and things, so as to change procedures applica-
ble to requests to produce documents made to certain nonparties;
to amend Article 2 of Chapter 9 of Title 24 of the Official Code
of Georgia Annotated, relating to privileges of witnesses, so as
to include communications made to a clergyman by a person
seeking counseling as privileged; to include certain information
of hospitals and health facilities as privileged; to provide excep-
tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 9-11-34 of the Official Code of Geor-
gia Annotated, relating to the production of documents and
things, is amended by striking in its entirety subsection (c) and
inserting in its place a new subsection (c) to read as follows:
"(c) (1) This Code section shall also be applicable with
respect to discovery against persons, firms, or corpora-
tions who are not parties, in which event a copy of the
request shall be served upon all parties of record; or,
upon notice, the party desiring such discovery may pro-
ceed by taking the deposition of the person, firm, or corpo-
ration on oral examination or upon written questions
under Code Section 9-11-30 or 9-11-31. The nonparty or
any party may file an objection as provided in subsection
1278
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) of this Code section. If the party desiring such discov-
ery moves for an order under paragraph (a) of Code Sec-
tion 9-11-37 to compel discovery, he shall make a showing
of good cause to support his motion.
(2) This Code section shall also be applicable with
respect to discovery against a nonparty who is a practi-
tioner of the healing arts or a hospital or health care
facility, including those operated by an agency or bureau
of the state or other governmental unit. Where such a
request is directed to such a nonparty, a copy of the re-
quest shall be served upon all parties of record; or, upon
notice, the party desiring such discovery may proceed
by taking the deposition of the person, firm, or corpora-
tion on oral examination or upon written questions under
Code Section 9-11-30 or 9-11-31. The nonparty or any
party may file an objection with the court in which the
action is pending and shall serve a copy of such objection
on the nonparty to whom the request is directed, who
shall not furnish the requested materials until further
order of the court, and on all other parties to the action.
Upon the filing of such objection, the party desiring such
discovery may move for an order under paragraph (a)
of Code Section 9-11-37 to compel discovery and, if he
shall make a showing of good cause to support his motion,
discovery shall be allowed. If no objection is filed within
ten days of the request, the nonparty to whom the request
is directed shall promptly comply therewith.
Section 2. Article 2 of Chapter 9 of Title 24 of the Official
Code of Georgia Annotated, relating to privileges of witnesses,
is amended by striking in its entirety Code Section 24-9-22, relat-
ing to privileged communications to a clergyman, and inserting
in its place a new Code Section 24-9-22 to read as follows:
24-9-22. Every communication made by any person
professing religious faith, seeking spiritual comfort, or seek-
ing counseling to any Protestant minister of the Gospel, any
priest of the Roman Catholic faith, any priest of the Greek
Orthodox Catholic faith, any Jewish rabbi, or to any Chris-
tian or Jewish minister, by whatever name called, shall be
deemed privileged. No such minister, priest, or rabbi shall
disclose any communications made to him by any such per-
GEORGIA LAWS 1986 SESSION
1279
son professing religious faith, seeking spiritual guidance, or
seeking counseling, nor shall such minister, priest, or rabbi
be competent or compellable to testify with reference to any
such communication in any court.
Section 3. Said article is further amended by striking in
its entirety Code Section 24-9-40, relating to when medical infor-
mation may be released, and inserting in its place a new Code
Section 24-9-40 to read as follows:
"24-9-40. No physician licensed under Chapter 34 of Ti-
tle 43 and no hospital or health care facility, including those
operated by an agency or bureau of the state or other govern-
mental unit, shall be required to release any medical infor-
mation concerning a patient except to the Department of
Human Resources, its divisions, agents, or successors when
required in the administration of public health programs
pursuant to Code Section 31-12-2 and where authorized or
required by law, statute, or lawful regulation; or on written
authorization or other waiver by the patient, or by his or
her parents or duly appointed guardian ad litem in the case
of a minor, or on appropriate court order or subpoena; pro-
vided, however, that any physician, hospital, or health care
facility releasing information under written authorization
or other waiver by the patient, or by his or her parents or
guardian ad litem in the case of a minor, or pursuant to
law, statute, or lawful regulation, or under court order or
subpoena shall not be liable to the patient or any other per-
son; provided, further, that the privilege shall be waived
to the extent that the patient places his care and treatment
or the nature and extent of his injuries at issue in any civil
or criminal proceeding. This Code section shall not apply
to psychiatrists or to hospitals in which the patient is being
or has been treated solely for mental illness.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1280
GENERAL ACTS AND RESOLUTIONS, VOL. I
HEALTH DEPARTMENT OF HUMAN RESOURCES AND
COUNTY BOARDS OF HEALTH; APPEALS; PROCEDURES;
NOTICES; TIME LIMITS.
Code Section 31-5-3 Amended.
No. 1617 (House Bill No. 1315).
AN ACT
To amend Chapter 5 of Title 31 of the Official Code of Georgia
Annotated, relating to administration and enforcement by the
Department of Human Resources and county boards of health,
so as to provide that appeals to the department shall be heard
by it after not less than 20 days notice delivered by certified
mail is given to all parties and their counsel of record, at such
times and places as are set forth in such notice; to change the
provisions for appeal of any final order or action of the Depart-
ment of Human Resources to the superior court; to provide that
such review shall be conducted without a jury and shall be con-
fined to the record; to provide for the standard and procedure
for review of agency decisions; to provide standards for receiving
a stay of the enforcement of any such final order pending appeal;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section If Chapter 5 of Title 31 of the Official Code of
Georgia Annotated, relating to administration and enforcement
by the Department of Human Resources and county boards of
health, is amended by striking subsection (a) of Code Section
31-5-3, relating to appeals, and inserting in lieu thereof a new
subsection (a) to read as follows:
"(a) (1) Any person who is a party to a proceeding and
who is aggrieved or adversely affected by any final order
or action of a county board of health or agency of the
department may have review thereof by appeal to the
department. Any person who is a party to a proceeding
and who is aggrieved or adversely affected by any final
GEORGIA LAWS 1986 SESSION
1281
order or action of the department may have review
thereof by appeal to the superior court in the county
in which the action arose or to the Superior Court of
Fulton County.
(2) Appeals to the department shall be heard by it
after not less than 20 days notice delivered by certified
mail is given to all parties and their counsel of record,
at such times and places as are set forth in such notice;
provided, however, if such appeal is not heard and deter-
mined within a period of 90 days, the decision shall stand
reversed unless all parties consent to an extension of
time. Review on appeal to the department shall be con-
fined to the record transmitted from below and the ques-
tions raised in the appeal. Orders, rules, regulations, or
other decisions of county boards of health or other agen-
cies of the department shall not be set aside on appeal
to the department unless contrary to law or rules and
regulations of the department, or unsupported by sub-
stantial evidence on the record as a whole, or unreasona-
ble.
(3) Appeal to the superior court shall be by petition
which shall be filed in the clerks office of such court
within 30 4ays after the final order or action of the de-
partment; the petition shall set forth the names of the
parties taking the appeal, the order, rule, regulation,
or decision appealed from, and the reason it is claimed
to be erroneous. The enforcement of the order or action
appealed from shall not be stayed until and unless so
ordered and directed by the reviewing court. A reviewing
court may order a stay only if the court makes a finding
that the public health, safety, and welfare will not be
harmed by the issuance of the stay. Upon the filing of
such petition, the petitioner shall serve on the commis-
sioner a copy thereof in a manner prescribed by law for
the service of process, unless such service of process is
waived. The review shall be conducted by the court with-
out a jury and shall be confined to the record. In cases
of alleged irregularities in procedure before the depart-
ment, not shown in the record, proof thereon may be
taken in the court. The court, upon request, shall hear
oral argument and receive written briefs. The court shall
1282 GENERAL ACTS AND RESOLUTIONS, VOL. I
not substitute its judgment for that of the department
as to the weight of the evidence on questions of fact.
The court may affirm the decision of the department
or remand the case for further proceedings. The court
may reverse or modify the decision if substantial rights
of the appellant have been prejudiced because the admin-
istrative findings, inferences, conclusions, or decisions
are:
(1) In violation of constitutional or statutory provi-
sions;
(2) In excess of the statutory authority of the depart-
ment;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, proba-
tive, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse
of discretion or clearly unwarranted exercise of discre-
tion.
Section 2. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1283
MOTOR CARRIERS REGULATION; CONTRACTS;
PERMITS; RECORDS.
Code Section 46-1-1 Amended.
Code Title 46, Chapter 7 Revised.
No. 1618 (House Bill No. 1487).
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, so as to
provide that the commission shall not limit the number of con-
tracts entered into by a contract carrier if certain conditions
are met; to provide for a safe, sound, competitive, and fuel effi-
cient motor carrier system vital to the maintenance of a strong
intrastate transportation system; to enhance market entry, car-
rier growth, maximum utilization of equipment and energy re-
sources, and opportunities for minorities and others to enter
the motor carrier industry; to change certain definitions; to de-
fine certain additional terms; to repeal certain definitions relat-
ing specifically to motor common carriers; to change certain
provisions relating to the granting of a certificate of public con-
venience and necessity with respect to motor common carriers;
to change the provisions relating to annual registration and
licensing of motor common carriers; to provide permits for cer-
tain motor common carriers; to provide for the registration of
intrastate motor common carriers transporting exempt com-
modities; to repeal certain provisions relating to records main-
tained by motor common carriers; to repeal certain provisions
relating to the applicability of Article 1 of Chapter 7 of Title
46, relating to motor common carriers; to repeal certain defini-
tions relating specifically to motor contract carriers; to change
certain provisions relating to the granting of a certificate of
public convenience and necessity with respect to motor contract
carriers; to change the provisions relating to annual registration
and licensing of motor contract carriers; to provide permits for
certain motor contract carriers; to provide for the registration
of intrastate contract carriers transporting exempt commodi-
ties; to change certain provisions relating to records maintained
by motor contract carriers; to provide an effective date; to repeal
conflicting laws; and for other purposes.
1284 GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Anno-
tated, relating to public utilities and public transportation, is
amended by striking in its entirety Code Section 46-1-1, which
reads as follows:
"46-1-1. As used in this title, the term:
(1) 'Carrier means a person who undertakes the
transporting of goods or passengers for compensation.
(2) 'Certificate means a certificate of public conve-
nience and necessity issued by the Public Service Com-
mission pursuant to this title.
(3) 'Commission means the Public Service Commis-
sion.
(4) 'Common carrier means a person who under-
takes to carry and holds himself out as ready to receive
for carriage, goods for hire which he is accustomed to
carry or passengers for hire without discrimination as
long as he has room.
(5) 'Company shall include a corporation, a firm,
a partnership, an association, or an individual.
(6) 'Electric utility means any retail supplier of
electricity whose rates are fixed by the commission.
(7) 'Motor common carrier means every person
owning, controlling, operating, or managing any motor
propelled vehicle and the lessees, receivers, or trustees
of such person used in the transporting for hire of persons
or property, or both, otherwise than over permanent rail
tracks, on the public highways of this state as a common
carrier. However, the term 'motor common carrier shall
not include granite trucks that are transporting from
quarry to finishing plant across not more than two coun-
ties. As used in this paragraph, the term 'for hire shall
include an activity wherein for compensation a motor
GEORGIA LAWS 1986 SESSION
1285
vehicle and driver are furnished to a person by another
person, acting directly or knowingly and willfully acting
with another to provide the combined service of the vehi-
cle and driver, and shall include every person acting in
concert with, under the control of, or under common con-
trol with a motor common carrier, who shall offer to
furnish transportation for compensation.
(8) 'Motor contract carrier means every person, ex-
cept common carriers, owning, controlling, operating, or
managing any motor propelled vehicle including the les-
sees or trustees of such persons or receivers appointed
by any court used in the business of transporting persons
or property for hire over any public highway in this state
and not operated exclusively within the corporate limits
of any city. The term 'motor contract carrier shall not
include:
(A) Motor vehicles engaged solely in transport-
ing school children and teachers to and from public
schools;
(B) Cars and trucks hauling people and farm
products exclusively between points not having rail-
road facilities and not passing through or beyond mu-
nicipalities having railroad facilities, where not more
than nine passengers or one and one-half tons of
freight, or both, are transported;
(C) Motor vehicles engaged exclusively in the
transportation of agricultural or dairy products, or
both, between farm, market, gin, warehouse, or mill,
where the weight of the load does not exceed 18,850
pounds, whether such motor vehicle is owned by the
owner or producer of such agricultural or dairy prod-
ucts or not, so long as the title remains in the pro-
ducer. As used in this subparagraph and in subpara-
graph (F) of this paragraph, the term 'producer
includes a landlord where the relations of landlord
and tenant or landlord and cropper are involved. As
used in this subparagraph, the term 'agricultural
products includes fruit, livestock, meats, fertilizer,
wood, lumber, cotton, and naval stores; household
1286 GENERAL ACTS AND RESOLUTIONS, VOL. I
goods and supplies transported to farms for farm pur-
poses; or other usual farm and dairy supplies, includ-
ing products of grove or orchard; poultry and eggs;
fish and oysters; and timber or logs being hauled by
the owner thereof or his agents or employees between
forest and mill or primary place of manufacture;
(D) Motor vehicles used by country merchants
in rural districts who handle poultry and farm prod-
ucts in pursuance of their own business and not for
hire;
(E) Granite trucks that are transporting from
quarry to finishing plant, not crossing more than two
counties;
(F) Motor vehicles engaged in the transportation
of peanuts in the shell, peaches, nursery stock, sod
grass, potting soil, pine bark nuggets, poultry and
processed poultry, dry fertilizer, flue-cured tobacco,
corn, soybeans, or soybean meal, or feed for poultry
or livestock, cucumbers, tomatoes, beans, green corn,
cabbage, peas, potatoes, cantaloupes, watermelons,
okra, and green peppers, whether such motor vehicles
are owned by the producer or owner of such commodi-
ties and products or by any other person, provided
that such vehicles do not haul or transport other com-
modities not exempt by law from the regulations of
the commission;
(G) Taxicabs, drays, trucks, buses, and other mo-
tor vehicles which operate within the corporate limits
of municipalities and are subject to regulation by the
governing authorities of such municipalities. This ex-
ception shall apply to taxicabs and buses even though
such vehicles may, in the prosecution of their regular
business, occasionally go beyond the corporate limits
of such municipalities, provided that they do not oper-
ate to or from fixed termini outside of such limits;
(H) Hotel passenger or baggage motor vehicles
when used exclusively for patrons and employees of
such hotel;
GEORGIA LAWS 1986 SESSION
1287
(I) Motor trucks of railway companies which per-
form a pick-up and delivery service in connection with
their freight train service, between their freight ter-
minals and points not more than ten miles distant,
when either the freight terminal or such points, or
both, are outside the limits of an incorporated city;
(J) RFD carriers and star-route carriers which
carry no more than nine passengers along with car-
riage of the United States mail, provided that such
carriers shall not carry passengers on a route along
which another motor carrier of passengers has a per-
mit or a certificate to operate;
(K) Motor vehicles owned and operated exclu-
sively by the United States government or by this
state or any subdivision thereof;
(L) Any dump truck or transit mixer vehicle
used exclusively in the transportation of sand, gravel,
crushed stone, fill dirt, borrow pit materials, plant
mix road materials, plant mix concrete, or road base
materials, to be used in the construction, reconstruc-
tion, or maintenance of public highways, bridges,
airport runways (including adjacent taxi strips and
parking areas), or dams, when payment for such
transportation is made by the United States govern-
ment, this state, or any county or municipality or
other governmental subdivision of this state, or where
payment is made by any contractor performing such
public work under contract with any such govern-
ment, and when such truck or vehicle transports such
materials for a distance not exceeding 50 miles;
(M) Motor vehicles commonly known as tow
trucks or wreckers, designed and exclusively used in
the business of towing abandoned, disabled, and
wrecked vehicles or otherwise rendering assistance
to abandoned, disabled, and wrecked vehicles; and
(N) Motor vehicles operated not for profit with
a capacity of 15 persons or less when they are used
exclusively to transport elderly and handicapped pas-
1288 GENERAL ACTS AND RESOLUTIONS, VOL. I
sengers or employees under a corporate sponsored
van pool program, except that a vehicle owned by
the driver may be operated for profit when he is trav-
eling to and from his place of work provided each
such vehicle carrying more than nine passengers
maintains liability insurance in an amount of not
less than $100,000.00 per person and $300,000.00 per
accident and $50,000.00 property damage. For the
purposes of this subparagraph, elderly and handi-
capped passengers are defined as individuals over the
age of 60 years or who, by reason of illness, injury,
age, congenital malfunction, or other permanent or
temporary incapacity or disability, are unable to uti-
lize mass transportation facilities as effectively as per-
sons who are not so affected.
As used in this paragraph, the term 'for hire shall in-
clude an activity wherein for compensation a motor vehi-
cle and driver are furnished to a person by another per-
son, acting directly or knowingly and willfully acting
with another to provide the combined service of the vehi-
cle and driver, and shall include every person acting in
concert with, under the control of, or under common con-
trol with a motor contract carrier, who shall offer to
furnish transportation for compensation.
(9) 'Passenger means a person who travels in a pub-
lic conveyance by virtue of a contract, either express
or implied, with the carrier as to the payment of the
fare or that which is accepted as an equivalent therefor.
The prepayment of fare is not necessary to establish the
relationship of passenger and carrier; although a carrier
may demand prepayment of fare if persons enter his
vehicle by his permission with the intention of being
carried; in the absence of such a demand, an obligation
to pay fare is implied on the part of the passenger, and
the reciprocal obligation of carriage of the carrier arises
upon the entry of the passenger.
(10) 'Person means any individual, partnership,
trust, private or public corporation, municipality, county,
political subdivision, public authority, cooperative, asso-
ciation, or public or private organization of any charac-
ter.
GEORGIA LAWS 1986 SESSION
1289
(11) 'Private carrier means every person except mo-
tor common carriers or motor contract carriers owning,
controlling, operating, or managing any motor propelled
vehicle, and the lessees or trustees thereof or receivers
appointed by any court whatsoever, used in the business
of transporting persons or property in private transporta-
tion not for hire over any public highway in this state.
The term 'private carrier shall not include:
(A) Motor vehicles not for hire engaged solely
in the harvesting or transportation of forest products;
(B) Motor vehicles not for hire engaged solely
in the transportation of road-building materials;
(C) Motor vehicles not for hire engaged solely
in the transportation of unmanufactured agricultural
or dairy products between farm, market, gin, ware-
house, or mill whether such vehicle is owned by the
owner or producer of such agricultural or dairy prod-
ucts or not so long as the title remains in the pro-
ducer; or
(D) Except for the motor vehicles excluded under
subparagraph (C) of this paragraph, motor vehicles
having a manufacturers gross vehicle weight rating
of 10,000 pounds or less; provided, however, that mo-
tor vehicles which have a manufacturers gross vehi-
cle 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.
(12) 'Railroad corporation or 'railroad company
means all corporations, companies, or individuals owning
or operating any railroad in this state. This title shall
apply to all persons, firms, and companies, and to all
associations of persons, whether incorporated or other-
wise, that engage in business as common carriers upon
any of the lines of railroad in this state, as well as to
railroad corporations and railroad companies as defined
in this Code section.
1290 GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) 'Rate, when used in this title with respect to
an electric utility, means any rate, charge, classification,
or service of an electric utility or any rule or regulation
relating thereto.
(14) 'Utility means any person who is subject in any
way to the lawful jurisdiction of the commission.,
and inserting in lieu thereof a new Code Section 46-1-1 to read
as follows:
"46-1-1. As used in this title, the term:
(1) 'Carrier means a person who undertakes the
transporting of goods or passengers for compensation.
(2) 'Vehicle or 'motor vehicle means any vehicle,
machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power and used upon the highways
in the transportation of passengers or property, or any
combination thereof, determined by the Public Service
Commission.
(3) 'Public highway means every public street, road,
highway, or thoroughfare of any kind in this state.
(4) 'Certificate means a certificate of public conve-
nience and necessity issued by the Public Service Com-
mission pursuant to this title.
(5) 'Permit means a registration permit issued by
the Public Service Commission authorizing interstate
transportation for hire in Georgia under authority
granted by the Interstate Commerce Commission or in-
terstate transportation for hire exempt from the jurisdic-
tion of the Interstate Commerce Commission or intra-
state transportation for hire exempt from the jurisdiction
of the Public Service Commission.
(6) 'Commission means the Public Service Commis-
sion.
(7) 'Company shall include a corporation, a firm,
a partnership, an association, or an individual.
GEORGIA LAWS 1986 SESSION
1291
(8) 'Person means any individual, partnership,
trust, private or public corporation, municipality, county,
political subdivision, public authority, cooperative, asso-
ciation, or public or private organization of any charac-
ter.
(9) 'Passenger means a person who travels in a pub-
lic conveyance by virtue of a contract, either express
or implied, with the carrier as to the payment of the
fare or that which is accepted as an equivalent therefor.
The prepayment of fare is not necessary to establish the
relationship of passenger and carrier; although a carrier
may demand prepayment of fare if persons enter his
vehicle by his permission with the intention of being
carried; in the absence of such a demand, an obligation
to pay fare is implied on the part of the passenger, and
the reciprocal obligation of carriage of the carrier arises
upon the entry of the passenger.
(10) 'For hire means an activity wherein for compen-
sation a motor vehicle and driver are furnished to a per-
son by another person, acting directly or knowingly and
willfully acting with another to provide the combined
service of the vehicle and driver, and includes every per-
son acting in concert with, under the control of, or under
common control with a motor carrier who shall offer
to furnish transportation for compensation.
(11) 'Private carrier means every person except mo-
tor common carriers or motor contract carriers owning,
controlling, operating, or managing any motor propelled
vehicle, and the lessees or trustees thereof or receivers
appointed by any court whatsoever, used in the business
of transporting persons or property in private transporta-
tion not for hire over any public highway in this state.
The term 'private carrier shall not include:
(A) Motor vehicles not for hire engaged solely
in the harvesting or transportation of forest products;
(B) Motor vehicles not for hire engaged solely
in the transportation of road-building materials;
(C) Motor vehicles not for hire engaged solely
in the transportation of unmanufactured agricultural
1292 GENERAL ACTS AND RESOLUTIONS, VOL. I
or dairy products between farm, market, gin, ware-
house, or mill whether such vehicle is owned by the
owner or producer of such agricultural or dairy prod-
ucts or not, so long as the title remains in the pro-
ducer; or
(D) Except for the motor vehicles excluded under
subparagraph (C) of this paragraph, motor vehicles
having a manufacturers gross vehicle weight rating
of 10,000 pounds or less; provided, however, that mo-
tor vehicles which have a manufacturers gross vehi-
cle 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.
(12) 'Motor contract carrier and motor common car-
rier means as follows:
(A) 'Motor contract carrier means every person,
except common carriers, owning, controlling, operat-
ing, or managing any motor propelled vehicle includ-
ing the lessees or trustees of such persons or receivers
appointed by any court used in the business of trans-
porting persons or property for hire over any public
highway in this state and not operated exclusively
within the corporate limits of any city.
(B) 'Motor common carrier means every person
owning, controlling, operating, or managing any mo-
tor propelled vehicle, and the lessees, receivers, or
trustees of such person, used in the business of trans-
porting for hire of persons or property, or both, other-
wise than over permanent rail tracks, on the public
highways of Georgia as a common carrier.
(C) Except as otherwise provided in this subpara-
graph, the term 'motor common carrier and motor
contract carrier shall not include:
(i) Motor vehicles engaged solely in trans-
porting school children and teachers to and from
public schools and private schools;
GEORGIA LAWS 1986 SESSION
1293
(ii) Taxicabs, drays, trucks, buses, and other
motor vehicles which operate within the corporate
limits of municipalities and are subject to regula-
tion by the governing authorities of such munici-
palities. This exception shall apply to taxicabs and
buses even though such vehicles may, in the prose-
cution of their regular business, occasionally go
beyond the corporate limits of such municipali-
ties, provided that they do not operate to or from
fixed termini outside of such limits and to any
dray or truck which operates within the corporate
limits of a city and is subject to regulation by
the governing authority of such city or by the
commission and which goes beyond the corporate
limits only for the purpose of hauling chattels
which have been seized under any court process;
(iii) Hotel passenger or baggage motor vehi-
cles when used exclusively for patrons and em-
ployees of such hotel;
(iv) Motor vehicles operated not for profit
with a capacity of 15 persons or less when they
are used exclusively to transport elderly and
handicapped passengers or employees under a cor-
porate sponsored van pool program, except that
a vehicle owned by the driver may be operated
for profit when he is traveling to and from his
place of work provided each such vehicle carrying
more than nine passengers maintains liability in-
surance in an amount of not less than $100,000.00
per person and $300,000.00 per accident and
$50,000.00 property damage. For the purposes of
this division, elderly and handicapped passengers
are defined as individuals over the age of 60 years
or who, by reason of illness, injury, age, congenital
malfunction, or other permanent or temporary
incapacity or disability, are unable to utilize mass
transportation facilities as effectively as persons
who are not so affected;
(v) Granite trucks, where transportation
from quarry to finishing plant involves not cross-
ing more than two counties;
1294 GENERAL ACTS AND RESOLUTIONS, VOL. I
(vi) RFD carriers and star-route carriers
which carry no more than nine passengers along
with carriage of the United States mail, provided
that such carriers shall not carry passengers on
a route along which another motor carrier of pas-
sengers has a permit or a certificate to operate;
(vii) Motor trucks of railway companies
which perform a pick-up and delivery service in
connection with their freight train service, be-
tween their freight terminals and points not more
than ten miles distant, when either the freight
terminal or such points, or both, are outside the
limits of an incorporated city;
(viii) Motor vehicles owned and operated ex-
clusively by the United States government or by
this state or any subdivision thereof;
(ix) Single source leasing whereby a leasing
company whose primary business is leasing vehi-
cles and who operates a fleet of ten or more vehi-
cles provides vehicle equipment and drivers in a
single transaction to a private carrier. Such ar-
rangement is presumed to result in private car-
riage by the shipper if the requirements enumer-
ated below are met and subject only to the
commissions transportation safety rules:
(I) The lease must be reduced to writing
and a copy maintained on the leased vehicle
at all times during the term of the lease;
(II) The period for which the lease applies
must be no less than 30 days;
(III) The lease agreement must provide,
and the surrounding facts must reflect, that
the leased equipment is exclusively committed
to the lessees use for the term of the lease;
(IV) The lease agreement must provide,
and the surrounding facts must reflect, that
GEORGIA LAWS 1986 SESSION
1295
during the term of the lease the lessee accepts,
possesses, and exercises exclusive dominion
and control over the leased equipment and as-
sumes complete responsibility for the opera-
tion of the equipment;
(V) The lessee must maintain public lia-
bility insurance and accept responsibility to
the public for any injury caused in the course
of performing the transportation service con-
ducted by the lessee with the equipment dur-
ing the term of the lease;
(VI) The lessee shall display appropriate
identification on all equipment leased by it
showing operation by the lessee during the
performance of the transportation;
(VII) The lessee must accept responsibil-
ity for, and bear the cost of, compliance with
safety regulations during performance by the
lessee of any such transportation services; and
(VIII) The lessee must bear the risk of
damage to the cargo, subject to any right of
action the lessee may have against the lessor
for the latters negligence;
(x) Motor vehicles engaged exclusively in the
transportation of agricultural or dairy products,
or both, between farm, market, gin, warehouse,
or mill, whether such motor vehicle is owned by
the owner or producer of such agricultural or
dairy products or not, so long as the title remains
in the producer. For the purposes of this division,
the term 'producer includes a landlord where the
relations of landlord and tenant or landlord and
cropper are involved. As used in this division, the
term 'agricultural products includes fruit, live-
stock, meats, fertilizer, wood, lumber, cotton, and
naval stores; household goods and supplies trans-
ported to farms for farm purposes; or other usual
farm and dairy supplies, including products of
1296 GENERAL ACTS AND RESOLUTIONS, VOL. I
grove or orchard; poultry and eggs; fish and oys-
ters; and timber or logs being hauled by the owner
thereof or his agents or employees between forest
and mill or primary place of manufacture;
(xi) Motor vehicles engaged in the transpor-
tation of unmanufactured agricultural products,
dairy products, poultry and processed poultry,
nursery stock, sod grass, potting soil, pine bark
nuggets, dry fertilizer, flue-cured tobacco, soybean
meal, pine bark, wood chips, shavings, sawdust,
feedstuff for livestock and poultry, including
feedstuff ingredients, provided that such vehicles
do not haul or transport other commodities on
the same vehicle at the same time not exempt
by law from the regulations of the commission;
motor vehicles commonly known as tow trucks
or wreckers, designed and exclusively used in the
business of towing abandoned, disabled, and
wrecked vehicles and replacement vehicles there-
for or otherwise rendering assistance to aban-
doned, disabled, and wrecked vehicles; except that
any operator of such a vehicle is required to regis-
ter the exempt operation with the commission,
register and identify any of its vehicles, and be-
come subject to the commissions liability insur-
ance and vehicle and hazardous materials safety
rules;
(xii) Motor vehicles engaged in compensated
intercorporate hauling whereby transportation of
property is provided by a person who is a member
of a corporate family for other members of such
corporate family, provided:
(I) The parent corporation notifies the
commission of its intent or the intent of one
of the subsidiaries to provide the transporta-
tion;
(II) The notice contains a list of partici-
pating subsidiaries and an affidavit that the
parent corporation owns directly or indirectly
GEORGIA LAWS 1986 SESSION
1297
a 100 percent interest in each of the subsidiar-
ies;
(III) A copy of the notice is carried in the
cab of all vehicles conducting the transporta-
tion; and
(IV) The transportation entity of the cor-
porate family registers the compensated inter-
corporate hauling operation with the commis-
sion, registers and identifies any of its vehicles,
and becomes subject to the commissions liabil-
ity insurance and motor carrier and hazardous
materials transportation rules.
For the purpose of this division, the term 'corpo-
rate family means a group of corporations consist-
ing of a parent corporation and all subsidiaries
in which the parent corporation owns directly or
indirectly a 100 percent interest;
(xiii) Vehicles transporting not more than 15
persons for hire, except that any operator of such
a vehicle is required to register the exempt opera-
tion with the commission, register and identify
any of its vehicles, and become subject to the com-
missions liability insurance and vehicle safety
rules.
(xiv) Any dump truck or transit mixer vehi-
cle used exclusively in the transportation of sand,
gravel, crushed stone, fill dirt, borrow pit materi-
als, plant mix road materials, plant mix concrete,
or road base materials; except that any operator
of such a vehicle is required to register the exempt
operation with the commission, register and iden-
tify any of its vehicles, assess rates for transporta-
tion no lower than the minimum rates prescribed
by the commission, and become subject to the com-
missions liability insurance and vehicle and haz-
ardous materials safety rules.
(13) 'Railroad corporation or 'railroad company
means all corporations, companies, or individuals owning
1298 GENERAL ACTS AND RESOLUTIONS, VOL. I
or operating any railroad in this state. This title shall
apply to all persons, firms, and companies, and to all
associations of persons, whether incorporated or other-
wise, that engage in business as common carriers upon
any of the lines of railroad in this state, as well as to
railroad corporations and railroad companies as defined
in this Code section.
(14) 'Rate/ when used in this title with respect to
an electric utility, means any rate, charge, classification,
or service of an electric utility or any rule or regulation
relating thereto.
(15) 'Electric utility means any retail supplier of
electricity whose rates are fixed by the commission.
(16) 'Utility means any person who is subject in any
way to the lawful jurisdiction of the commission.
Section 2. Said title is further amended by striking in its
entirety Code Section 46-7-1, which reads as follows:
"46-7-1. As used in this article, the term:
(1) 'Public highway means every public street, road,
highway, or thoroughfare of any kind in the state.
(2) 'Vehicle or 'motor vehicle includes a trailer; and
each trailer shall be deemed a separate vehicle.
Section 3. Said title is further amended by striking in its
entirety Code Section 46-7-7, which reads as follows:
"46-7-7. (a) In determining whether such certificate of
public convenience and necessity shall be granted, the com-
mission, among other things, must consider the following:
(1) Whether existing transportation service of all
kinds is adequate to meet the reasonable public needs;
(2) The volume of existing traffic over such route,
and whether such traffic and that reasonably to be antici-
pated in the future can support existing transportation
agencies as well as the applicant;
GEORGIA LAWS 1986 SESSION
1299
(3) The financial ability of the applicant to furnish
adequate, continuous, and uninterrupted service for the
year round and to meet the financial obligations of the
service which the carrier proposes to perform;
(4) The effect, expense, and burden on the public
highways, including bridges, and on the traffic, both pri-
vate and common carrier, thereon; and
(5) The effect on existing transportation revenues
and service of all kinds, and particularly whether the
granting of such certificate will or may seriously impair
essential existing public service.
(b) No certificate or authority shall be granted to an
applicant proposing to operate over the route of any holder
of a certificate or authority when the public convenience
and necessity with respect to such route is being adequately
served by such certificate or authority holder. No certificate
or authority shall be granted to an applicant proposing to
operate over the route of any holder of a certificate or author-
ity Unless and until it shall be proved to the satisfaction
of the commission that the service rendered by such certifi-
cate or authority holder over the route is inadequate to the
public needs. If the commission is of the opinion that the
service rendered by such certificate or authority holder over
the route is in any respect inadequate to the public needs,
such certificate or authority holder shall be given reasonable
time and opportunity to remedy such inadequacy before any
certificate or authority shall be granted to an applicant pro-
posing to operate over such route.,
and inserting in lieu thereof a new Code Section 46-7-7 to read
as follows:
"46-7-7. (a) The commission shall issue a certificate of
public convenience and necessity to a person authorizing
transportation as a motor common carrier subject to the
jurisdiction of the commission if it finds that:
(1) The person is fit, willing, and able to provide
the transportation to be authorized by the certificate and
to comply with regulations of the commission. Fitness
encompasses three factors:
1300
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) The applicants financial ability to perform
the service it seeks to provide;
(B) The applicants capability and willingness to
perform properly and safely the proposed service; and
(C) The applicants willingness to comply with
the laws of Georgia and the rules and regulations
of the commission; and
(2) Based on evidence presented by the applicant
supporting the issuance of the certificate, that the service
proposed will serve a useful public purpose and be respon-
sive to a public demand or need.
(b) The initial burden of making out a prima-facie case
that an applicants service is needed and that the applicant
is fit to provide such service rests with the applicant.
(c) Upon an applicant making out a prima-facie case
as to the need for the service and the carriers ability to
provide the service, the burden shifts to protestant to show
that the authority sought would not be consistent with the
public convenience and necessity.
(d) The commission shall not consider diversion of reve-
nue or traffic from an existing motor carrier to be grounds
for denial of an application.
(e) A protest of a motor carrier of property or of passen-
gers to an application will not be considered unless the pro-
testing carrier:
(1) Possesses authority from the commission to han-
dle, in whole or in part, the commodity for which author-
ity is applied and is willing and able to provide service
that meets the reasonable needs of the shippers involved
and has performed service within the scope of the applica-
tion during the previous 12 month period or has actively
in good faith solicited service within the scope of applica-
tion during such period; or
(2) Has pending before the commission an applica-
tion previously filed with the commission for substan-
tially the same authority; or
GEORGIA LAWS 1986 SESSION
1301
(3) Is granted by the commission leave to intervene
upon a showing of other interests which in the discretion
of the commission would warrant such a grant.
Section 4. Said title is further amended by striking in their
entirety subsections (a) and 0)) of Code Section 46-7-15, relating
to annual registration and licensing of vehicles operated under
certificate, and inserting in lieu thereof new subsections (a) and
(b) to read as follows:
"(a) Every motor common carrier shall annually on or
before January 1, as long as its certificate or permit remains
in force, or, as to a vehicle put into use during the course
of the year, before the vehicle is put into use, make applica-
tion to the commission for registration and licensing of all
motor vehicles to be operated under such certificate or per-
mit, in such manner and form as the commission may by
rule or regulation prescribe, and shall pay to the commission
a fee of $5.00 for the registration of each vehicle and the
issuance of a license to operate the same.
(b) Motor carriers operating pursuant to a certificate
or permit as provided for in this article may, in lieu of other
vehicle registration provisions contained in this Code sec-
tion, register vehicles operated as an emergency, temporary,
or trip-lease vehicle for a period not exceeding 15 days by
payment to the commission of a fee of $8.00 for each vehicle
so registered. Upon such registration, the commission shall
issue an emergency, temporary, or trip-lease vehicle registra-
tion permit.
Section 5. Said title is further amended by striking Code
Section 46-7-16 in its entirety and inserting in lieu thereof a
new Code Section 46-7-16 to read as follows:
"46-7-16. (a) Except as otherwise provided in this Code
section, before any motor common carrier engaged solely
in interstate commerce or any motor common carrier en-
gaged in exempt commodity intrastate commerce as pro-
vided for in subparagraph (C) of paragraph (12) of Code Sec-
tion 46-1-1 shall operate any motor vehicle on or over any
public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia
Public Service Commission by making application there-
1302 GENERAL ACTS AND RESOLUTIONS, VOL. I
for on forms supplied by the commission and paying a
$25.00 filing fee. Applications for registration shall show
every certificate or permit authority issued to the appli-
cant by the Interstate Commerce Commission with re-
gard to the applicants interstate operations in this state;
or, in the case of motor common carriers exempt from
regulation by the Interstate Commerce Commission or
the Public Service Commission, the application shall
show the commodities or operations claimed to be exempt
and the routes or area over which such carriers shall
operate in this state. A carriers registration shall be
valid so long as there is no change in its operating author-
ity with regard to its operations in this state, but the
registration may be amended to reflect such changes by
application to the commission on forms supplied by the
commission and payment of a $5.00 filing fee;
(2) Except as otherwise provided for in subsection
(b) of this Code section, obtain an annual registration
and identification stamp for each of its motor vehicles
operated on or over any public highway of this state.
Each annual registration and identification stamp shall
be valid for a 15 month period extending from November
1 of any year through January 31 of the next succeeding
year and may be obtained from the Georgia Public Ser-
vice Commission upon application on a form supplied
by the commission and payment of a $5.00 registration
and identification fee. Notwithstanding any other proviso
sion of this Code section, the Georgia Public Service Com-
mission is authorized to impose a vehicle identification
and registration fee equal to the identification and regis-
tration fee charged by any other state, up to a maximum
of $25.00, upon vehicles licensed in that state if such
state charges equipment licensed in Georgia a vehicle
identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed
by this article, omitting the protection in respect to their
own passengers and cargoes.
(b) Motor carriers operating in intrastate commerce
pursuant to a registration permit as provided for in this
article shall obtain an annual registration and license for
GEORGIA LAWS 1986 SESSION
1303
each vehicle to be operated under such permit, in such man-
ner and form as the commission may by rule or regulation
prescribe, and shall pay to the commission a fee of $5.00
for the registration of each vehicle and the issuance of a
license to operate the same.
(c) Motor carriers operating pursuant to a registration
permit as provided for in this Code section may, in lieu of
all other registration and identification requirements con-
tained in subsection (a) of this Code section, register vehicles
operated in Georgia as an emergency, temporary, or trip-
lease vehicle for a period not exceeding 15 days by payment
to the commission of a fee of $8.00 for each vehicle so regis-
tered; and upon such payment, the commission shall issue
an emergency, temporary, or trip-lease vehicle registration
permit.
(d) Where a carrier has not previously qualified with
the commission to operate in interstate or intrastate com-
merce in Georgia pursuant to this Code section and thus
has not secured a registration permit pursuant to this Code
section, the emergency, temporary, or trip-lease vehicle reg-
istration permit provided for above will also include the au-
thority to operate in Georgia during the 15 day or less period
covered by the emergency, temporary, or trip-lease vehicle
registration permit, provided that the carrier has otherwise
qualified its operations with the commission as provided for
in this Code section; provided, however, that whenever any
motor vehicle is operated on or over any public highway
of this state without the motor carrier operating such vehicle
first having obtained the annual registration and identifica-
tion stamp or license or the emergency, temporary, or trip-
lease vehicle registration permit provided for in this Code
section, the motor carrier operating such vehicle shall be
required to pay a fee of $25.00 for the late registration and
identification of such vehicle.
(e) Nothing in this Code section shall limit the authority
of the Georgia Public Service Commission to negotiate recip-
rocal agreements relating to vehicle identification and regis-
tration fees in excess of those provided for under Title 49
USC, Section 302(b)(2), as provided in Code Section 46-7-91.
(f) It shall not be necessary for any motor common car-
rier to obtain a certificate of public convenience from the
1304
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Public Service Commission when such carrier is en-
gaged solely in interstate commerce over the public high-
ways of this state.
Section 6. Said title is further amended by striking in its
entirety Code Section 46-7-22, which reads as follows:
"46-7-22. Motor common carriers shall keep records,
upon forms prescribed by the commission, of all motor vehi-
cles and trailers used during the current calendar quarter.
On or before the tenth day of the month following each
calendar quarter, motor common carriers shall file under
oath with the commission, upon forms prescribed by the
commission, summaries of their daily records which will
show the capacity of their motor vehicles and trailers and
the miles operated by each motor vehicle and trailer during
the preceding quarter, together with such other information
as the commission may require. Such summaries of daily
records shall be filed and preserved by the commission for
a period of at least two years.
Section 7. Said title is further amended by striking in its
entirety Code Section 46-7-35, which reads as follows:
"46-7-35. (a) This article shall not apply to:
(1) Motor vehicles engaged solely in transporting
school children and teachers to and from public schools;
(2) Taxicabs, drays, trucks, buses, and other motor
vehicles which operate within the corporate limits or
police limits of cities and are subject to regulation by
the governing authorities of such cities or by the commis-
sion; and this exception shall apply to taxicabs and buses
even though such vehicles may in the conducting of their
regular business occasionally go beyond the corporate
limits of such cities, provided that they do not operate
to or from fixed termini outside of such limits;
(3) Motor vehicles operated exclusively within a ra-
dius not exceeding five miles from some railroad freight
or passenger depot or station, when the operation of the
same is by a common carrier which is under the jurisdic-
tion of the Interstate Commerce Commission; or
GEORGIA LAWS 1986 SESSION
1305
(4) Motor vehicles commonly known as tow trucks
or wreckers, designed and exclusively used in the busi-
ness of towing abandoned, disabled, and wrecked vehicles
or otherwise rendering assistance to abandoned, disabled,
and wrecked vehicles.
(b) Nothing contained in this article shall require the
registration of any dray or truck which operates within the
corporate limits of a city and is subject to regulation by
the governing authority of such city or by the commission
and which goes beyond such corporate limits only for the
purpose of hauling chattels which have been seized under
any court process.
Section 8. Said title is further amended by striking in its
entirety Code Section 46-7-51, which reads as follows:
"46-7-51. As used in this article, the term:
(1) 'Public highway means every public street, road,
highway, or thoroughfare of any kind in this state.
(2) 'Vehicle or 'motor vehicle includes a trailer; and
each trailer shall be deemed a separate vehicle.
Section 9. Said title is further amended by striking in their
entirety subsections (f) and (g) of Code Section 46-7-53, relating
to certificate of public convenience and necessity with respect
to motor contract carriers, which subsections (f) and (g) read
as follows:
"(f) In determining whether such certificate of public
convenience and necessity shall be granted, the commission,
among other things, shall consider the following:
(1) Whether existing transportation service of all
kinds is adequate to meet the reasonable public needs;
(2) The volume of existing traffic over such route,
and whether such traffic and that reasonably to be antici-
pated in the future can support existing transportation
agencies and also the applicant;
(3) Financial ability of the applicant to furnish ade-
quate, continuous, and uninterrupted service for the year
round;
1306 GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The effect, expense, and burden on the public
highways, including bridges, and on the traffic, both pri-
vate and common carrier, thereon; and
(5) The effect on existing transportation revenues
and service of all kinds, and particularly whether the
granting of such certificate will or may seriously impair
essential existing public service.
(g) Certificates of public convenience and necessity
shall, unless sooner revoked under this article, expire at
the end of seven years from the date of issuance thereof
but may be renewed by the commission with or without
hearing, in its discretion.,
and inserting in lieu thereof new subsections (f) through (j) to
read as follows:
"(f) The commission shall issue a certificate of public
convenience and necessity to a person authorizing transpor-
tation as a motor contract carrier subject to the jurisdiction
of the commission if it finds that:
(1) The person is fit, willing, and able to provide
the transportation to be authorized by the certificate and
to comply with regulations of the commission. Fitness
encompasses three factors:
(A) The applicants financial ability to perform
the service it seeks to provide;
(B) The applicants capability and willingness to
perform properly and safely the proposed service; and
(C) The applicants willingness to comply with
the laws of Georgia and the rules and regulations
of the commission; and
(2) Based on evidence presented by the applicant
supporting the issuance of the certificate, that the service
proposed will serve a useful public purpose and be respon-
sive to a public demand or need.
(g) The initial burden of making out a prima-facie case
that an applicants service is needed and that the applicant
is fit to provide such service rests with the applicant.
GEORGIA LAWS 1986 SESSION
1307
(h) Upon an applicant making out a prima-facie case
as to the need for the service and the carriers ability to
provide the service, the burden shifts to protestant to show
that the authority sought would not be consistent with the
public convenience and necessity.
(i) The commission shall not consider diversion of reve-
nue or traffic from an existing motor carrier to be grounds
for denial of an application.
(j) A protest of a motor carrier of property or of passen-
gers to an application will not be considered unless the pro-
testing carrier:
(1) Possesses authority from the commission to han-
dle, in whole or in part, the commodity for which author-
ity is applied and is willing and able to provide service
that meets the reasonable needs of the shippers involved
and has performed service within the scope of the applica-
tion during the previous 12 month period or has actively
in good faith solicited service within the scope of applica-
tion during such period; or
(2) Has pending before the commission an applica-
tion filed with the commission for substantially the same
authority; or
(3) Is granted by the commission leave to intervene
upon a showing of other interests which in the discretion
of the commission would warrant such a grant.
Section 10. Said title is further amended by striking in
their entirety subsections (a) and (b) of Code Section 46-7-60,
relating to annual registration and licensing of vehicles operated
under certificate, and inserting in lieu thereof new subsections
(a) and (b) to read as follows:
"(a) Every motor contract carrier shall, as soon as its
certificate or permit is issued, and annually on or before
each succeeding January 1, as long as the certificate or per-
mit remains in force, or as to a vehicle put into use during
the course of the year, before the vehicle is put into use,
make application to the commission for registration and li-
1308
GENERAL ACTS AND RESOLUTIONS, VOL. I
censing of all motor vehicles to be operated under such certif-
icate or permit, in such manner and form as the commission
may by rule or regulation prescribe and, upon payment of
a fee of $5.00 for each vehicle to the commission, shall be
entitled to register the same and receive a license therefor.
(b) Motor carriers operating pursuant to a certificate
or permit as provided for in this article may, in lieu of other
vehicle registration provisions contained in this Code sec-
tion, register vehicles operated as an emergency, temporary,
or trip-lease vehicle for a period not exceeding 15 days by
payment to the commission of a fee of $8.00 for each vehicle
so registered. Upon such registration, the commission shall
issue an emergency, temporary, or trip-lease vehicle registra-
tion permit.
Section 11. Said title is further amended by striking Code
Section 46-7-61 in its entirety and inserting in lieu thereof a
new Code Section 46-7-61 to read as follows:
"46-7-61. (a) Except as otherwise provided in subsec-
tion Ob) of this Code section, before any motor contract carrier
engaged solely in interstate commerce or any motor contract
carrier engaged in exempt commodity intrastate commerce
as provided for in subparagraph (C) of paragraph (12) of
Code Section 46-1-1 shall operate any motor vehicle on or
over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia
Public Service Commission by making application there-
for on forms supplied by the commission and paying a
$25.00 filing fee. Applications for registration shall show
every certificate or permit authority issued to the appli-
cant by the Interstate Commerce Commission with re-
gard to the applicants interstate operations in this state;
or, in the case of motor contract carriers exempt from
regulation by the Interstate Commerce Commission or
the Public Service Commission, the application shall
show the commodities or operations claimed to be exempt
and the routes or area over which such carriers shall
operate in this state. A carriers registration shall be
valid so long as there is no change in its operating author-
ity with regard to its operations in this state, but the
GEORGIA LAWS 1986 SESSION
1309
registration may be amended to reflect such changes by
application to the commission on forms supplied by the
commission and payment of a $5.00 filing fee;
(2) Except as otherwise provided for in subsection
Ob) of this Code section, obtain an annual registration
and identification stamp for each of its motor vehicles
operated on or over any public highway of this state.
Each annual registration and identification stamp shall
be valid for a 15 month period extending from November
1 of any year through January 31 of the next succeeding
year and may be obtained from the Georgia Public Ser-
vice Commission upon application on a form supplied
by the commission and payment of a $5.00 registration
and identification fee. Notwithstanding any other provi-
sion of this Code section, the Georgia Public Service Com-
mission is authorized to impose a vehicle identification
and registration fee equal to the identification and regis-
tration fee charged by any other state, up to a maximum
of $25.00, upon vehicles licensed in that state if such
state charges equipment licensed in Georgia a vehicle
identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed
by this article, omitting the protection in respect to their
own passengers and cargoes.
(b) Motor carriers operating in intrastate commerce
pursuant to a registration permit as provided for in this
article shall obtain an annual registration and license for
each vehicle to be operated under such permit, in such man-
ner and form as the commission may by rule or regulation
prescribe, and shall pay to the commission a fee of $5.00
for the registration of each vehicle and the issuance of a
license to operate the same.
(c) Motor contract carriers operating pursuant to a reg-
istration permit as provided for in this Code section may,
in lieu of all other vehicle registration and identification
provisions contained in subsection (a) of this Code section,
register vehicles operated in Georgia as an emergency, tem-
porary, or trip-lease vehicle for a period not exceeding 15
days by payment to the commission of a fee of $8.00 for
1310 GENERAL ACTS AND RESOLUTIONS, VOL. I
each vehicle so registered; and, upon such payment, the com-
mission shall issue an emergency, temporary, or trip-lease
vehicle registration permit.
(d) Where a carrier has not previously qualified with
the commission to operate in interstate or intrastate com-
merce in Georgia pursuant to this Code section and then
has not secured a registration permit pursuant to this Code
section, the emergency, temporary, or trip-lease vehicle reg-
istration permit provided for in subsection (c) of this Code
section will also include the authority to operate in Georgia
during the 15 day or less period covered by the emergency,
temporary, or trip-lease vehicle registration permit, pro-
vided that the carrier has otherwise qualified its operations
with the commission as provided for in this Code section;
provided, however, that whenever any motor vehicle is oper-
ated on or over any public highway of this state without
the motor contract carrier operating such vehicle first hav-
ing obtained the annual registration and identification
stamp or license or the emergency, temporary, or trip-lease
vehicle registration permit provided for in this Code section,
the motor contract carrier operating such vehicle shall be
required to pay a fee of $25.00 for the late registration and
identification of such vehicle.
(e) Nothing in this Code section shall limit the authority
of the Georgia Public Service Commission to negotiate recip-
rocal agreements relating to vehicle identification and regis-
tration fees in excess of those provided for under Title 49
USC, Section 302(b)(2), as provided in Code Section 46-7-91.
(f) Notwithstanding any other provision of law to the
contrary, any motor contract carrier engaging solely in inter-
state commerce and transporting, either exclusively or oth-
erwise, any of the commodities described in divisions
(12)(C)(x) and (12)(C)(xi) of Code Section 46-1-1, shall comply
with the requirements of this Code section.
(g) It shall not be necessary for any motor contract car-
rier to obtain a certificate of public convenience from the
Georgia Public Service Commission when such carrier is en-
gaged solely in interstate commerce over the public high-
ways of this state.
GEORGIA LAWS 1986 SESSION
1311
Section 12. Said title is further amended by striking in
its entirety Code Section 46-7-66, relating to maintenance by
motor contract carriers of records as to vehicle and trailer use,
and inserting in lieu thereof a new Code Section 46-7-66 to read
as follows:
"46-7-66. The commission shall have access to the ac-
counts and records of holders of certificates under this arti-
cle, which accounts and records shall be preserved for a
period of three years. The accounts and records of every
certificate holder shall be open to the inspection of the com-
mission or its duly constituted agent during normal business
hours. The commission shall have the power to cancel any
certificate or permit previously issued to any contract carrier
for failure to cooperate in providing the carriers records
necessary to prove to the satisfaction of the commission the
contract carriers intrastate operations or for failure to com-
ply with the commissions rules and regulations; but no cer-
tificate issued by the commission under this article shall
be revoked without notice and hearing to such motor car-
rier.
Section 13. Said title is further amended by adding be-
tween Code Sections 46-7-69 and 46-7-70 a new Code Section
46-7-69.1 to read as follows:
"46-7-69.1. The commission shall not limit the number
of contracts entered into by a contract carrier, provided that
each contract is individually or severally approved through
the commissions existing application process.
Section 14. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 15. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
1312
GENERAL ACTS AND RESOLUTIONS, VOL. I
MUNICIPAL CORPORATIONS SOVEREIGN IMMUNITY;
PUBLIC POLICY OF THE STATE; WAIVER; INSURANCE.
Code Section 36-33-1 Amended.
No. 1619 (House Bill No. 1471).
AN ACT
To amend Chapter 33 of Title 36 of the Official Code of Geor-
gia Annotated, relating to the liability of municipal corporations
for acts or omissions of officers, so as to provide that the policy
of the State of Georgia is to preserve sovereign immunity of
municipalities; to provide for waiver of immunity only in speci-
fied instances; to provide for applicability; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 33 of Title 36 of the Official Code of
Georgia Annotated, relating to the liability of municipal corpo-
rations for acts or omissions of officers, is amended by striking
in its entirety Code Section 36-33-1, relating to liability of munic-
ipal corporations generally, and inserting in its place a new
Code Section 36-33-1 to read as follows:
"36-33-1. (a) Pursuant to Article IX, Section II, Para-
graph IX of the Constitution of the State of Georgia, the
General Assembly, except as provided herein, declares it
is the public policy of the State of Georgia that there is no
waiver of the sovereign immunity of municipal corporations
of the state and such municipal corporations shall be im-
mune from liability for damages. A municipal corporation
shall not waive its immunity by the purchase of liability
insurance, except as provided in Code Section 33-24-51, or
unless the policy of insurance issued covers an occurrence
for which the defense of sovereign immunity is available,
and then only to the extent of the limits of such insurance
policy. This subsection shall not be construed to affect any
litigation pending on July 1, 1986.
(b) Municipal corporations shall not be liable for failure
to perform or for errors in performing their legislative or
GEORGIA LAWS 1986 SESSION
1313
judicial powers. For neglect to perform or improper or un-
skillful performance of their ministerial duties, they shall
be liable.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
FAIR BUSINESS PRACTICES ACT OF 1975
PROMOTIONAL GIVEAWAYS OR CONTESTS; LOTTERIES.
Code Sections 10-1-392, 10-1-393, 16-12-20, 16-12-36, and
44-3-188 Amended.
No. 1620 (House Bill No. 1439).
AN ACT
To amend Article 15 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated, known as the "Fair Business Prac-
tices Act of 1975, so as to provide that failure to comply with
certain requirements in promotional giveaways or contests shall
be unfair or deceptive acts or practices; 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 a promotional
contest which complies with the "Fair Business Practices Act
of 1975 shall not be considered a lottery; to provide that certain
promotional giveaways or contests shall be included within the
definition of a "lottery; to amend Code Section 44-3-188 of the
Official Code of Georgia Annotated, relating to the offer of gifts
or prizes under the "Georgia Time-Share Act, so as to change
the applicability of such Code section with respect to other stat-
utes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
1314 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Article 15 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated, known as the "Fair Business Prac-
tices Act of 1975, is amended by striking in its entirety subsec-
tion (a) of Code Section 10-1-392, relating to definitions under
the "Fair Business Practices Act of 1975, and inserting in lieu
thereof a new subsection (a) to read as follows:
"(a) As used in this part, the term:
(1) 'Administrator means the administrator ap-
pointed pursuant to subsection (a) of Code Section 10-1-
395 or his delegate.
(1.1) 'Career consulting firm means any person pro-
viding services to an individual in conjunction with a
career search and consulting program for the individual,
including, but not limited to, counseling as to the individ-
uals career potential, counseling as to interview tech-
niques, and the identification of prospective employers.
A 'career consulting firm does not guarantee actual job
placement as one of its services. A 'career consulting
firm shall not include any person who provides these
services without charging a fee to applicants for those
services or any employment agent or agency regulated
under Chapter 10 of Title 34.
(2) 'Consumer acts or practices means acts or prac-
tices intended to encourage consumer transactions.
(3) 'Consumer transactions means the sale, lease,
or rental of goods, services, or property, real or personal,
primarily for personal, family, or household purposes.
(4) 'Documentary material means the original or
a copy, whether printed, filmed, or otherwise preserved
or reproduced, by whatever process, including electronic
data storage and retrieval systems, of any book, record,
report, memorandum, paper, communication, tabulation,
map, chart, photograph, mechanical transcription, or
other tangible document or record wherever situate.
(5) 'Examination of documentary material means
inspection, study, or copying of any such material and
GEORGIA LAWS 1986 SESSION
1315
the taking of testimony under oath or acknowledgment
in respect of any such documentary material.
(6) 'Health spa means an establishment which pro-
vides, 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 're-
ducing 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 phy-
sician 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.
(7) 'Person means a natural person, corporation,
trust, partnership, incorporated or unincorporated asso-
ciation, or any other legal entity.
(8) 'Promotional giveaway or contest means any
scheme or procedure for the promotion of consumer
transactions whereby one or more prizes, gifts, awards,
or other items are distributed among persons who are
required to be present at the place of business or are
required to participate in a seminar, sales presentation,
or any other presentation, by whatever name denomi-
nated, in order to receive the prize, gift, award, or other
item or to determine which, if any, prize, gift, award,
or other item they will receive. Promotional giveaways
and contests shall not include any procedure where the
receipt of the prize, gift, award, or other item is condi-
tioned upon the purchase of the item which the seller
is trying to promote if such condition is clearly and con-
spicuously disclosed in the promotional advertising and
literature.
1316
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) 'Trade and 'commerce mean the advertising,
distribution, sale, lease, or offering for distribution, sale,
or lease of any goods, services, or any property, tangible
or intangible, real, personal, or mixed, or any other arti-
cle, commodity, or thing of value wherever situate and
shall include any trade or commerce directly or indirectly
affecting the people of the state.
Section 2. Said article is further amended by striking in
its entirety paragraph (15) of subsection (b) of Code Section 10-
1-393, relating to unfair or deceptive practices in consumer
transactions, and inserting in lieu thereof new paragraphs (15)
and (16) 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.
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; or
(16) Failure to comply with the following provisions con-
cerning promotional giveaways or contests:
(A) Persons who are offered an opportunity to par-
ticipate must be notified in writing of such opportunity
either by mail or personal delivery of said writing prior
to the visit to any place of business or otherwise, prior
to the seminar, sales presentation, or other presentation;
(B) The promotional giveaway or contest must be
an advertising and promotional undertaking, in good
faith, solely for the purpose of advertising the goods, ser-
vices, or property, real or personal, of the place of busi-
ness or otherwise which participants are required to visit
or of the person who is presenting the seminar, sales
presentation, or other presentation. The mailing shall
contain the name and address of the entity conducting
the promotion and of the sponsor, developer, broker, or
owner, as applicable, on whose behalf the promotional
material is distributed;
(C) No person shall be required to pay or furnish
any consideration, other than the consideration of travel-
GEORGIA LAWS 1986 SESSION
1317
ing to the place of business or to the presentation or of
allowing the presentation to be made in the participants
home, in order to receive any prize, gift, award, or other
item;
(D) Each mailing must state the verifiable retail
value of each prize, gift, award, or other item which the
participant has a chance of receiving and must state the
odds of the participant receiving each prize, gift, award,
or other item. Odds must be stated as the total number
of that particular prize, gift, award, or other item which
will be given and of the total number of mailings. The
total number of mailings shall include all mailings in
which that prize, gift, award, or other item will be given,
regardless of whether it includes mailings for other busi-
nesses. The odds shall not be listed in any manner which
has the capacity to deceive or mislead the participant
regarding the participants chance of receiving the prize,
gift, award, or other item. The verifiable retail value and
odds for each prize, gift, award, or other item must be
stated in conjunction and in immediate proximity with
each listing of the prize, gift, award, or other item in
each place where it appears on the mailing and must
be listed in the same size type, same boldness, and same
ink as the prize, gift, award, or other item is listed. For
the purposes of this paragraph, the term 'verifiable retail
value shall mean one of the following, whichever is less:
(i) The price at which the promoter or seller
can substantiate that the item or a substantially simi-
lar item has been sold at retail in an arms length
transaction; or
(ii) No more than three times what the promoter
or seller has actually paid for the prize, gift, award,
or other item;
(E) The participant must be immediately informed
which, if any, prize, gift, award, or other item the partici-
pant will receive prior to any seminar, sales presentation,
or other presentation; and the prize, gift, award, or item,
or any voucher, certificate, or other evidence of obligation
in lieu of the prize, gift, award, or other item, must be
1318 GENERAL ACTS AND RESOLUTIONS, VOL. I
given to the participant at the time the participant is
so informed;
(F) No participant shall be required or invited to
view, hear, or attend any sales presentation, by whatever
name denominated, unless such requirement or invita-
tion has been disclosed to the participant in the mailing
or delivery in at least ten-point boldface type;
(G) In the event any prize, gift, award, or other item
is offered or given which will require the participant to
purchase additional goods or services from any person
in order to make the prize, gift, award, or other item
be what it reasonably appears to be in the mailing or
delivery, such requirement must be clearly disclosed in
at least ten-point boldface type in each place where the
prize, gift, award, or other item is listed in the mailing
or delivery;
(H) Any limitation on eligibility of participants
must be disclosed in the mailing or delivery in at least
ten-point boldface type;
(I) Substitutes of prizes, gifts, awards, or other items
shall not be made. In the event the represented prize,
gift, award, or other item is unavailable, the participant
shall be presented with a certificate which the business
whose goods or services are being promoted shall honor
within 30 days by shipping the prize, gift, award, or other
item, as represented in the mailing, to the participant
at no cost to the participant. In the event a certificate
cannot be honored within 30 days, the business whose
goods or services are being promoted shall mail to the
participant a valid check or money order for the verifia-
ble retail value which was represented in the mailing;
(J) In the event the participant is presented with
a voucher, certificate, or other evidence of obligation as
the participants prize, gift, award, or other item, or in
lieu of the participants prize, gift, award, or other item,
it shall be the responsibility of the business whose goods
or services are being promoted to honor the voucher,
certificate, or other evidence of obligation, as represented
GEORGIA LAWS 1986 SESSION
1319
in the mailing or delivery, if the person who is named
as being responsible for honoring the voucher, certificate,
or other evidence of obligation fails to honor it as repre-
sented in the mailing;
(K) The geographic area covered by the mailing
must be clearly and conspicuously stated. If the promo-
tion is part of a national sweepstakes, it must be clearly
and conspicuously stated that the described prizes, gifts,
awards, or other items may be awarded to persons outside
of the geographical area within which that particular
promotional piece is distributed, with a corresponding
explanation that every prize, gift, award, or other item
may not be given away at every location;
(L) Upon request of the administrator, the business
whose goods or services are being promoted must within
ten days furnish to the administrator the names, ad-
dresses, and telephone numbers of persons who have re-
ceived any prize, gift, award, or other item; and
(M) A list of all winning tickets, tokens, numbers,
lots, or other devices used to determine winners in promo-
tional contests involving an element of chance must be
prominently posted at the place of business or distributed
to all participants if the seminar, sales presentation, or
other presentation is made at a place other than the
place of business. A copy of such list shall be furnished
to each participant who so requests.
Section 3. 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 concerning gam-
bling, 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 orga-
1320 GENERAL ACTS AND RESOLUTIONS, VOL. I
nization of chain letter or pyramid clubs as provided in Code
Section 16-12-38. A lottery shall not mean a promotional
giveaway or contest which conforms with the qualifications
of a lawful promotion specified in paragraph (16) of subsec-
tion (b) of Code Section 10-1-393.
Section 4. Said article is further amended by striking Code
Section 16-12-36 in its entirety and inserting in lieu thereof a
new Code Section 16-12-36 to read as follows:
"16-12-36. (a) A promotional or giveaway contest
which conforms with the qualifications of a lawful promotion
specified in paragraph (16) of subsection (b) of Code Section
10-1-393 shall not be a lottery.
(b) Except as provided in subsection (a) of this Code
section, all promotions or promotional contests involving an
element of chance in the distribution of prizes, gifts, awards,
or other items which otherwise meet the definition of a Tot-
tery in this article shall be included within the definition
of the term Tottery for purposes of this article, unless specifi-
cally exempted by some other statute or law.
Section 5. Code Section 44-3-188 of the Official Code of
Georgia Annotated, relating to the offer of gifts or prizes under
the "Georgia Time-Share Act, is amended by striking subsec-
tion (b) in its entirety and inserting in lieu thereof a new subsec-
tion (b) to read as follows:
"(b) The provisions of this Code section are cumulative
with the provisions of paragraph (16) of subsection (b) of
Code Section 10-1-393 and of Code Section 16-12-36, relating
to promotional or giveaway contests in general.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1321
EMERGENCY MEDICAL SERVICES FIRST RESPONDERS;
LICENSES; INSURANCE; MUNICIPALITIES AND
COUNTIES; GOVERNMENTAL IMMUNITY.
Code Section 31-11-33 Amended.
No. 1621 (House Bill No. 1526).
AN ACT
To amend Chapter 11 of Title 31 of the Official Code of Geor-
gia Annotated, relating to emergency medical services, so as
to provide that first responders may be licensed without satisfy-
ing certain insurance requirements where the first responder
is a municipality or county government and such municipality
or county has not elected to waive its governmental immunity
by purchasing vehicle liability insurance; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of
Georgia Annotated, relating to emergency medical services, is
amended by striking Code Section 31-11-33 in its entirety and
inserting in lieu thereof a new Code Section 31-11-33 to read
as follows:
31-11-33. (a) Every ambulance operated by persons
engaged in providing ambulance service shall have insur-
ance coverage issued by an insurance company licensed to
do business in this state providing at least the minimum
coverage required for motor vehicles under Chapter 34 of
Title 33, as amended.
(b) No ambulance shall be licensed nor shall any license
be renewed unless the ambulance has insurance coverage
in force as required by this Code section. A certificate of
insurance shall be submitted to the license officer for ap-
proval prior to the issuance or renewal of each ambulance
license. Satisfactory evidence that such insurance is at all
times in force and effect shall be furnished to the license
1322
GENERAL ACTS AND RESOLUTIONS, VOL. I
officer, in such form as he may specify, by all licensees re-
quired to provide such insurance under this Code section.
(c) This Code section shall apply to all ambulances,
whether privately operated or operated by the state, any
political subdivision thereof, or any municipality.
(d) This Code section shall not apply to first responders,
which do not transport patients, operated by municipalities
or counties that have not elected to waive their governmen-
tal immunity by purchasing vehicle liability insurance pur-
suant to Code Section 33-24-51.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
AD VALOREM TAX PENALTIES FOR FAILURE TO PAY;
HOMESTEAD PROPERTY; EXEMPTIONS; COUNTY
BOARDS OF TAX ASSESSORS; NUMBER OF MEMBERS.
Code Sections 48-2-44 and 48-5-290 Amended.
No. 1622 (House Bill No. 1785).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, so as to provide that the pen-
alty for failure to pay ad valorem taxes shall not apply to ad
valorem taxes on homestead property which has been acquired
by a new owner who did not receive a tax bill and who resided
outside of the State of Georgia immediately before acquiring
the homestead property; to change the number of members
which may be appointed to a county board of tax assessors; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
1323
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Anno-
tated, relating to revenue and taxation, is amended by striking
subsection (b) of Code Section 48-2-44, relating to penalties and
interest for failure to pay taxes and revenue held in trust for
the state, and inserting in lieu thereof a new subsection (b) to
read as follows:
"(b) (1) In any instance in which any person willfully
fails, on or after July 1, 1981, to pay, within 90 days of
the date when due, any ad valorem tax owed the state
or any local government, he shall pay, in the absence
of a specific statutory civil penalty for the failure, a pen-
alty of 10 percent of the amount of tax due and not paid
on or before the time prescribed by law, together with
interest as specified by law. This 10 percent penalty shall
not, however, apply in the case of:
(A) Ad valorem taxes of $500.00 or less on home-
stead property as defined in Part 1 of Article 2 of
Chapter 5 of this title; or
(B) With respect to tax year 1986 and future tax
years, ad valorem taxes of any amount on homestead
property as defined in Part 1 of Article 2 of Chapter
5 of this title, if the homestead property was during
the tax year acquired by a new owner who did not
receive a tax bill for the tax year and who immedi-
ately before acquiring the homestead property re-
sided outside the State of Georgia and if the taxes
are paid within one year following the due date.
(2) Any city or county authorized as of April 22,
1981, by statute or constitutional amendment to receive
a penalty of greater than 10 percent for failure to pay
an ad valorem tax is authorized to continue to receive
that amount.
Section 2. Said title is further amended by striking subsec-
tion (b) of Code Section 48-5-290, relating to the creation and
appointment of county boards of tax assessors, which reads as
follows:
1324 GENERAL ACTS AND RESOLUTIONS, VOL. I
"(b) (1) Except as provided in paragraph (2) of this sub-
section and, with respect to appointment as opposed to
election of board members, in Code Section 48-5-309, each
county board of tax assessors shall consist of three mem-
bers to be appointed by the county governing authority.
(2) In each county having a population of less than
25,000, according to the United States decennial census
of 1970 or any future such census, the board of tax asses-
sors shall consist of not less than three nor more than
five members. The number of members to serve on the
board shall be determined by the county governing au-
thority.,
in its entirety and inserting a new subsection (b) to read as
follows:
"(b) Except as provided in Code Section 48-5-309 with
respect to the election of board members, each county board
of tax assessors shall consist of not less than three nor more
than five members to be appointed by the county governing
authority.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1325
CRIMES AND OFFENSES INTERSTATE INTERFERENCE
WITH CUSTODY; PENALTIES.
Code Section 16-5-45 Amended.
No. 1623 (House Bill No. 1794).
AN ACT
To amend Code Section 16-5-45 of the Official Code of Georgia
Annotated, relating to unlawful interference with custody of
a minor or other person whose custody is entrusted to another
individual, so as to provide that it shall constitute the offense
of interstate interference with custody for a person to retain
possession of a minor or other person in another state, in viola-
tion of lawful custody, after the expiration of a visitation right;
to provide for penalties; 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 16-5-45 of the Official Code of Geor-
gia Annotated, relating to unlawful interference with custody
of a child or other person whose custody is entrusted to another
individual, is amended by striking subsection (c) in its entirety
and substituting in lieu thereof a new subsection (c) to read
as follows:
"(c) (1) A person commits the offense of interstate in-
terference with custody when without lawful authority
to do so the person knowingly or recklessly takes or en-
tices any minor or committed person away from the indi-
vidual who has lawful custody of such minor or commit-
ted person and in so doing brings such minor or
committed person into this state or removes such minor
or committed person from this state.
(2) A person also commits the offense of interstate
interference with custody when the person removes a
minor or committed person from this state in the lawful
exercise of a visitation right and, upon the expiration
1326
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the period of lawful visitation, intentionally retains
possession of the minor or committed person in another
state for the purpose of keeping the minor or committed
person away from the individual having lawful custody
of the minor or committed person. The offense is deemed
to be committed in the county to which the minor or
committed person was to have been returned upon expi-
ration of the period of lawful visitation.
(3) A person convicted of the offense of interstate
interference with custody shall be guilty of a felony and
shall be imprisoned for not less than one year nor more
than five years.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
SUPERIOR COURT JUDGES RETIREMENT SYSTEM
RETIREMENT AGE; SURVIVING SPOUSES BENEFITS.
Code Sections 47-9-70 and 47-9-73 Amended.
No. 1624 (House Bill No. 355).
AN ACT
To amend Chapter 9 of Title 47 of the Official Code of Georgia
Annotated, relating to the Superior Court Judges Retirement
System, so as to change the provisions relating to retirement
after reaching a certain age; to provide an option for the surviv-
ing spouse of certain superior court judges; to provide for pay-
ments in connection therewith; to provide for other matters
relative thereto; to provide an effective date; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
1327
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 9 of Title 47 of the Official Code of
Georgia Annotated, relating to the Superior Court Judges Re-
tirement System, is amended by striking subsection (a) of Code
Section 47-9-70, relating to retirement benefits, disability bene-
fits, spouses benefits, and age of retirement under the Superior
Court Judges Retirement System, in its entirety and inserting
in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Except as otherwise provided in this chapter,
any member who has attained 75 years of age and who
fails to retire effective on the first day of the calendar
month next succeeding that in which he attains 75 years
of age shall forfeit his right to receive any retirement
or disability benefits under this chapter, provided that
a member who held office as a judge of the superior courts
on July 1,1976, shall not be required to retire, regardless
of his age, until such member obtains ten years of credit-
able service to qualify him for early retirement benefits
under subsection (a) of Code Section 47-9-71.
(2) Any other provisions of this or any other law
to the contrary notwithstanding, any judge who was a
member of the system in 1980, who was reelected as a
judge in 1980, and who attains the age of 75 years during
the term to which he was reelected shall be allowed, if
he chooses to do so, to complete the term to which he
was reelected without forfeiting any retirement or dis-
ability benefits under this chapter.
(3) Any other provisions of this or any other law
to the contrary notwithstanding, any judge who is a mem-
ber of the system, who is reelected as a judge in the
future, and who attains the age of 75 years during the
term to which he is reelected shall be allowed, if he
chooses to do so, to complete the term to which he is
reelected without forfeiting any retirement or disability
benefits under this chapter.
Section 2. Said title is further amended by adding at the
end of Code Section 47-9-73, relating to spouses benefits coverage
1328
GENERAL ACTS AND RESOLUTIONS, VOL. I
under the Superior Court Judges Retirement System, a new
subsection (1) to read as follows:
"(1) (1) If a superior court judge had elected spouses
benefits under this Code section and such judge had re-
tired prior to the time subsection (k) of this Code section
became effective as law, the surviving spouse of such
superior court judge may qualify to receive the spouses
benefits specified by subsection (b) of this Code section
for life, rather than for life or until remarriage, by mak-
ing a payment to the board of trustees consisting of:
(A) The additional amount which would have
been paid by the superior court judge under subsec-
tion (k) of this Code section if the option provided
by said subsection (k) had been available to said judge
prior to retirement and such judge had exercised said
option; plus
(B) Interest at the rate of 6 percent per annum
on the amount determined under subparagraph (A)
of this paragraph compounded from the date the
amount under said subparagraph (A) would have
been paid until the date the surviving spouse makes
the payment to the board of trustees.
(2) The option provided by paragraph (1) of this sub-
section must be exercised by January 1,1987. A surviving
spouse wishing to exercise said option shall apply there-
for to the board of trustees. The board of trustees shall
make the Calculations required under paragraph (1) of
this subsection upon receiving such application and shall
advise the surviving spouse of the amount of the payment
required under said paragraph (1) and the date on which
such payment must be made to the board.
Section 3. This Act shall become effective on July 1, 1986.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1329
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
JUSTICES OF THE SUPREME COURT AND JUDGES
OF THE COURT OF APPEALS; OPTIONAL BENEFITS;
RETIREMENT AGE; FORFEITURE.
Code Section 47-2-244 Amended.
No. 1625 (House Bill No. 666).
AN ACT
To amend Part 6 of Article 8 of Chapter 2 of Title 47 of
the Official Code of Georgia Annotated, relating to retirement
under the Employees Retirement System of Georgia of Justices
of the Supreme Court, Judges of the Court of Appeals, and their
employees, so as to change the provisions relating to optional
benefits available to Justices of the Supreme Court and Judges
of the Court of Appeals; to change the age at which such
appellate court judges must retire in order to receive optional
benefits; to provide for notices of election of such benefits; to
change the provisions relating to forfeiture of contributions;
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 6 of Article 8 of Chapter 2 of Title 47 of
the Official Code of Georgia Annotated, relating to retirement
under the Employees Retirement System of Georgia of Justices
of the Supreme Court, Judges of the Court of Appeals, and their
employees, is amended by striking Code Section 47-2-244,
relating to optional benefits available to Justices of the
Supreme Court and Judges of the Court of Appeals, and insert-
ing in lieu thereof a new Code Section 47-2-244 to read as fol-
lows:
"47-2-244. (a) The term 'appellate court judge, as used
in this Code section, shall mean any Judge, Presiding Judge,
or Chief Judge of the Court of Appeals and any Associate
Justice, Presiding Justice, or Chief Justice of the Supreme
Court.
1330 GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Any other provision of law to the contrary notwith-
standing, any appellate court judge shall be entitled to re-
ceive the benefits under this Code section in lieu of any retire-
ment allowances otherwise available under this retirement
system and in lieu of the appointment to or the holding of
any emeritus office.
(c) Any appellate court judge who seeks benefits under
this Code section shall tender to the board of trustees before
January 1,1972, or within 60 days after the commencement
of such judges term of office, whichever shall occur later,
a written notice stating that the judge has elected to accept
such benefits in lieu of any retirement allowances otherwise
available under this retirement system and in lieu of the
appointment to and the holding of any emeritus office. The
notice shall state that in consideration of the payment of
benefits under this Code section, such appellate court judge
shall resign from office as an appellate court judge on or
before the day upon which he or she attains 75 years of
age or on the last day of the term in which such appellate
court judge is serving when he or she attains age 70,
whichever is later. Any notice filed prior to July 1, 1986,
by an appellate court judge in active service on such date
which contained an agreement to resign on or before such
judges seventieth birthday shall be void and of no force
and effect if such judge files a new notice containing an
agreement to resign as provided in this subsection and such
notice is filed on or before September 1, 1986.
(d) As a condition of eligibility for benefits under this
Code section, there shall have been deducted from the earn-
able compensation of an appellate court judge and remitted
to the board of trustees a contribution equivalent to 7 1/2
percent of such judges earnable compensation for each pay
period or part thereof after the date of such judges written
notice of election of benefits. Election of benefits under this
Code section constitutes an authorization and direction by
that appellate court judge to the clerical personnel of such
judges court to withhold such judges contributions and
remit them to the board of trustees in the manner provided
by the board of trustees, together with a sum of money avail-
able to the court from annual or supplemental appropria-
tions in an amount sufficient to carry out this Code section.
GEORGIA LAWS 1986 SESSION
1331
(e) Upon compliance with this Code section, an appel-
late court judge may retire and receive benefits under this
Code section.
(f) After ten years of service as an appellate court judge,
such judge shall be entitled to receive during life a retire-
ment benefit payable monthly equivalent to 75 percent of
the salary of an appellate court judge then serving in the
office from which such judge retired.
(g) An appellate court judge who is incapacitated prior
to the completion of ten years of service as an appellate
court judge shall receive during life for each full year of
service one-tenth of the benefit such judge would have re-
ceived had such judge completed ten years of service as an
appellate court judge. For the purposes of this subsection,
the term 'incapacitated or 'incapacity means physical or
mental disability for further performance of duties and shall
not mean the attainment of any certain age.
(h) The surviving spouse of an appellate court judge,
provided such surviving spouse is the designated beneficiary,
shall be entitled to receive a benefit payable monthly for
life equivalent to 50 percent of the benefits to which the
spouse would have been entitled based upon his or her years
of service as an appellate court judge and without regard
to whether such judge had attained age 65. However, if the
designated beneficiary, or beneficiaries, is someone other
than the surviving spouse of the deceased judge, then such
named beneficiary or beneficiaries shall be entitled to receive
a benefit payable monthly for life based on an actuarial
equivalent, provided the actuarial equivalent shall not be
in excess of 50 percent of the amount that would have been
payable to the judge. For the purpose of this provision, in
the event the beneficiary, or beneficiaries, is not the mem-
bers spouse, the actuarial equivalent shall be computed
based upon the assumption that the member had a spouse
who was the same age as the member.
(i) Survivors benefits shall be available to appellate
court judges at prevailing contribution rates and subject to
provisions of law and regulations of the board of trustees.
(j) If any appellate court judge dies without having re-
ceived benefits under this Code section and is not survived
1332 GENERAL ACTS AND RESOLUTIONS, VOL. I
by a designated beneficiary who is eligible to receive the
benefits provided by this Code section, such judges contribu-
tions shall be paid to his or her estate without interest. If
any appellate court judge and such judges designated benefi-
ciary or beneficiaries die as the result of a common accident
prior to the time at which the payment of benefits to the
judge equals the total contributions made by such judge plus
interest thereon, the difference shall be paid to the estate
of the judge. If after retirement an appellate court judge
and such judges designated beneficiary or beneficiaries die,
but not as the result of a common accident, prior to the
time at which the total benefits paid to the judge and such
judges beneficiary or beneficiaries equal the total contribu-
tions made by such judge plus interest thereon, the difference
shall be paid to the estate of the last decedent.
(k) An appellate court judge who has accrued creditable
service under this retirement system may convert such ser-
vice in order to fulfill the conditions of this Code section
on the basis of two years of creditable service being equiva-
lent to one year of service credit under this Code section,
provided that creditable service based upon the holding of
office as an appellate court judge shall be convertible to ser-
vice credit under this Code section on an equal time basis.
Applications for conversion of service credits under this Code
section shall be made in writing to the board of trustees.
(l) Any appellate court judge who elects to receive the
benefits provided for by this Code section and who fails to
resign his office as appellate court judge on or before the
day such judge attains age 75 or on the last day of the term
in which such appellate court judge is serving when he or
she attains age 70, whichever is later, or on or before June
30, 1972, in the event he or she attained age 70 on or prior
to June 30,1972, shall not be entitled to receive any benefits
under this Code section and shall forfeit all contributions
made under it.
(m) No benefit shall be payable to an appellate court
judge under this Code section until such judge reaches 65
years of age, except for incapacity.
Section 2. This Act shall become effective July 1, 1986.
GEORGIA LAWS 1986 SESSION
1333
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
MOTOR VEHICLE LICENSE PLATES COUNTY NAME
DECALS; FEES FOR DUPLICATE REGISTRATION
CERTIFICATES; AMATEUR RADIO OPERATORS;
GENERAL ASSEMBLY.
Code Sections 40-2-29, 40-2-41, 40-2-61, 40-2-73, and 40-2-77
Amended.
No. 1626 (House Bill No. 1357).
AN ACT
To amend Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to the registration and licensing of motor
vehicles, so as to specify the situations under which a county
tag agent may issue county name decals; to provide that county
tag agents may retain all the fees for duplicate registration
certificates; to provide that special license plates for amateur
radio operators shall not contain the words "amateur radio;
to provide that license plates issued to members of the General
Assembly need not display a county name decal; to provide that
certain license plates need not display a county name decal
until January 1, 1990; 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 40 of the Official Code of
Georgia Annotated, relating to the registration and licensing
of motor vehicles, is amended by adding at the end of Code
Section 40-2-29, relating to license plates and decals, a new sub-
section (f) to read as follows:
1334 GENERAL ACTS AND RESOLUTIONS, VOL. I
"(f) A county tag agent shall issue a county name decal
for the agents county only if:
(1) The vehicle for which the decal is issued is cur-
rently registered in the county named on the decal;
(2) The registration for the vehicle for which the
decal is issued is being transferred to a resident of the
county named on the decal; or
(3) An application for registration of the vehicle for
which the decal is issued is being made in the county
named on the decal.
Section 2. Said chapter is further amended by striking
Code Section 40-2-41, relating to certificates of registrations,
generally, and inserting in lieu thereof a new Code Section 40-
2-41 to read as follows:
"40-2-41. Upon an applicants 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 de-
stroyed or becomes illegible, the registered owner shall
promptly make application for a duplicate registration cer-
tificate to the commissioner. The commissioner, upon receipt
of an application and a fee of 5(V, 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 regis-
tration, the county tag agent may issue the duplicate
registration certificate and may retain the application fee
as compensation for issuing such duplicate certificate of
registration.
Section 3. Said chapter is further amended by striking
Code Section 40-2-61, relating to special license plates for mem-
bers of the General Assembly, and inserting in lieu thereof a
new Code Section 40-2-61 to read as follows:
GEORGIA LAWS 1986 SESSION
1335
40-2-61. The commissioner shall mail special and dis-
tinctive license plates printed for members of the General
Assembly to the local tag agent in the counties wherein
such members reside on or before December 31 of each year.
Such special and distinctive license plates shall be issued
only upon applications made to the local tag agent. License
plates may be issued by the local tag agent upon a proper
application and in accordance with the terms of this chapter.
License plates issued pursuant to this Code section need not
contain a place for the county name decal, and no county
name decal need be affixed to a license plate issued pursuant
to this Code section.
Section 4. Said chapter 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 Commu-
nications 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 li-
cense plate for a private passenger vehicle upon which shall
be inscribed the official amateur radio call letters of such
applicant as assigned by the Federal Communications Com-
mission. The commissioner may consult with licensed ama-
teur radio operators residing in the State of Georgia in the
design of the special license plate authorized by this subsec-
tion.
Section 5. Said chapter is further amended by striking
Code Section 40-2-77, relating to space on license plates for
county name decals, and inserting in lieu thereof a new Code
Section 40-2-77 to read as follows:
"40-2-77. (a) Except as provided in subsection (b) of
this Code section, any metal seven-year special, distinctive,
or prestige license plate, except those provided for in Code
1336 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 40-2-61, issued or reissued as authorized in this arti-
cle from and after July 1, 1985, shall contain a space for a
county name decal; and the provisions of this chapter rela-
tive to county name decals shall be applicable to all such
license plates.
(b) The requirements of subsection (a) of this Code
section shall apply to the following on or after January 1,
1990:
(1) License plates provided for in Code Section 40-
2-36;
(2) License plates provided for in Code Sections 40-
2-62 through 40-2-75; or
(3) License plates issued to school buses, ambu-
lances, or forest products haulers.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 9, 1986.
GEORGIA LAWS 1986 SESSION
1337
APPROPRIATIONS S.F.Y. 1986-87.
No. 1627 (House Bill No. 1300).
AN ACT
To make and provide appropriations for the State Fiscal
Year beginning July 1,1986, and ending June 30,1987; to make
and provide such appropriations for the operation of the State
government, its departments, boards, bureaus, commissions, in-
stitutions, and other agencies, and for the university system,
common schools, counties, municipalities, political subdivisions
and for all other governmental activities, projects and undertak-
ings 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 appropri-
ated for the State fiscal year beginning July 1,1986, and ending
June 30, 1987, 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 reve-
nue estimate of $5,316,000,000 for State fiscal year 1987.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch............$ 18,376,402
Personal Services - Staff............ $ 8,047,607
Personal Services - Elected
Officials........................... $ 3,089,775
Regular Operating Expenses.............$ 1,748,372
Travel - Staff.........................$ 97,800
Travel - Elected Officials.............$ 5,000
Motor Vehicle Equipment Purchases......$ -0-
Publications and Printing..............$ 412,100
Equipment Purchases............393,000
1338
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges.......................$ 396,500
Real Estate Rentals....................$ 62,300
Telecommunications................... $ 595,200
Per Diem, Fees and
Contracts - Staff....................$ 342,581
Per Diem, Fees and
Contracts - Elected Officials........$ 1,824,067
Postage................................$ 141,300
Photography............................$ 71,000
Expense Reimbursement Account..........$ 1,132,800
Capital Outlay.........................$______17,000
Total Funds Budgeted................. $ 18,376,402
State Funds Budgeted...................$ 18,376,402
Senate Functional Budgets
Total Funds
Senate and Research
Office
Lt. Governors Office
Secretary of the
Senates Office
$
$
$
3,472,555 $
444,229 $
State Funds
3,472,555
444,229
1,015,210 $ 1,015,210
Total
$ 4,931,994 $
House Functional Budgets
Total Funds
House of Representatives
and Research Office
Speaker of the
Houses Office
Clerk of the
Houses Office
$ 7,285,996 $
$ 269,352 $
$ 1,022,233 $
4,931,994
State Funds
7,285,996
269,352
1,022,233
Total
8,577,581 $
8,577,581
GEORGIA LAWS 1986 SESSION
1339
Joint Functional Budgets
Total Funds
Legislative Counsels
Office $
Legislative Fiscal Office $
Legislative Budget Office $
Ancillary Activities $_
Total $
1,913,707 $
1,399,350 $
763,990 $
789,780 $
State Funds
1,913,707
1,399,350
763,990
789,780
4,866,827 $ 4,866,827
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, re-
pair, 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, com-
mittee rooms, or staff support service areas in any state owned
building other than the State Capitol, the committee shall mea-
sure the need for said space as compared to the space require-
ments 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 Legis-
lative Services Committee, the Office of Legislative Counsel, the
Office of Legislative Budget Analyst, Legislative Educational
Research Council and for the Legislative Fiscal Office; for com-
piling, publishing and distributing the Acts of the General As-
sembly and the Journals of the Senate and the House of Repre-
1340
GENERAL ACTS AND RESOLUTIONS, VOL. I
sentatives; for Code Revision; for the annual report of the State
Auditor to the General Assembly; for equipment, supplies, fur-
nishings, repairs, printing, services and other expenses of the
Legislative Branch of Government; and for payments to Presi-
dential 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 Gov-
ernment, and the payment and receipt of such allowances shall
not be in violation of any law.
The Legislative Services Committee shall seek to determine
ways to effect economies in the expenditure of funds appropri-
ated to the Legislative Branch of Government. The Committee
is hereby authorized to promulgate rules and regulations rela-
tive 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 legit-
imate legislative expenses and which should be paid for from
other appropriations.
Section 2. Department of Audits.
Budget Unit: Department of Audits.......$ 10,414,872
Operations Budget:
Personal Services.................. $ 8,786,182
Regular Operating Expenses...........$ 261,200
Travel........................ .:.$ 700,000
Motor Vehicle Purchases..............$ 54,000
Publications and Printing.............$ 30,000
Equipment Purchases.................. $ 55,000
Per Diem, Fees and
Contracts..........................$ 25,000
Real Estate Rentals.................. $ 238,490
Computer Charges.........:.............$ 205,000
Telecommunications............. .$________60,000
Total Funds Budgeted................. $ 10,414,872
State Funds Budgeted.................$ 10,414,872
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court...........$ 3,305,545
GEORGIA LAWS 1986 SESSION
1341
Section 4. Court of Appeals.
Budget Unit: Court of Appeals............$ 3,784,560
Section 5. Superior Courts.
Budget Unit: Superior Courts.............$ 30,713,828
Operation of the Courts...............$ 29,268,640
Prosecuting Attorneys Council........$ 579,032
Sentence Review Panel.................$ 119,247
Council of Superior
Court Judges........................$ 68,986
Judicial Administrative
Districts......................... $ 670,523
Habeas Corpus Clerk...................$ 7,400
Section 6. Juvenile Courts.
Budget Unit: Juvenile Courts.............$ 207,411
Section 7. Institute of Continuing
Judicial Education.
Budget Unit: Institute of Continuing
Judicial Education................$ 308,334
Institutes Operations................$ 270,000
Georgia Magistrate Courts
Training Council.......................$ 38,334
Section 8. Judicial Council.
Budget Unit: Judicial Council............$ 662,405
Council Operations....................$ 570,358
Payments to Judicial
Administrative Districts for
Case Counting...................... $ 69,000
Board of Court Reporting..............$ 23,047
Section 9. Judicial Qualifications
Commission.
Budget Unit: Judicial Qualifications
Commission...................... $ 105,292
Section 10. Council of Magistrate
Court Judges.
Budget Unit: Council of Magistrate
Court Judges......................$ 20,000
1342
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 11. Council of Probate
Court Judges.
Budget Unit: Council of Probate
Court Judges.......................$
Section 12. Council of State
Court Judges.
Budget Unit: Council of State
Court Judges.....................$
PART III.
EXECUTIVE BRANCH
Section 13. 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........................ $
Postage..............................$
Payments to DO AS
Fiscal Administration...........
Direct Payments to Georgia
Building Authority for
Capital Outlay.....................$
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals..............$
20,000
9,500
31,880,139
34,187,418
6,930,557
196.000
382.000
160.000
1,296,015
8,162,000
2.901.000
633,154
389,000
19,487,000
39,000
-0-
251,935
1.960.000
-0-
-0-
GEORGIA LAWS 1986 SESSION
1343
Direct Payments to Georgia
Building Authority for
Operations..................
Telephone Billings............
Materials for Resale..I........
Public Safety Officers
Indemnity Fund..............
Health Planning Review
Board Operations............
Georgia Golf Hall of
Fame Operations.............
Unemployment Compensation
Payments.....................
Comprehensive General Liability
Reserve Fund................
Hazardous Materials Liability
Reserve Fund................
Utilization Adjustment........
Total Funds Budgeted..........
State Funds Budgeted..........
.$ 602,000
.$ 28,762,000
.$ 9,913,000
.$ 609,000
.$ 50,000
.$ 30,000
.$ -0-
.$ -0-
.$ 500,000
.$ (119,790)
.$ 117,321,289
.$ 31,880,139
Department of Administrative Services Functional
Budgets
Total Funds State Funds
State Properties
Commission
$
327,483 $
327,483
Departmental
Administration
$ 2,652,876 $ 2,652,876
Treasury and Fiscal
Administration
$ 9,838,461 $ 7,878,461
Central Supply
Administration
$ 9,558,269 $
-0-
Procurement
Administration
General Services
Administration
$ 2,426,066 $ 2,426,066
587,773 $
-0-
1344
GENERAL ACTS AND RESOLUTIONS, VOL. I
Space Management
Administration
Data Processing Services
Motor Vehicle Services
Communication Services
Printing Services
Surplus Property
Services
Mail and Courier
Services
Risk Management
Services
Utilization Adjustment
Total
$ 487,781 $
$ 46,842,839 $
$ 2,484,106 $
$ 33,707,069 $
$ 5,456,252 $
$ 1,294,956 $
$ 436,501 $
$ 1,340,647 $
$ (119,790) $
487,781
12,227,262
-0-
6,000,000
-0-
-0-
-0-
-0-
(119,790)
$ 117,321,289 $ 31,880,139
B. Budget Unit:
Georgia Building
Authority......................... $ -0-
Georgia Building Authority Budget:
Personal Services....4............... $ 15,858,647
Regular Operating Expenses............$ 3,734,507
Travel..........:.....................$ 8,000
Motor Vehicle Equipment
Purchases......................... $ 36,000
Publications and Printing.............$ 30,000
Equipment Purchases...................$ 133,280
Computer Charges..................:...$ 41,000
Real Estate Rentals...................$ 39,300
Telecommunications....................$ 94,316
Per Diem, Fees and Contracts..........$ 133,800
Capital Outlay........................$ 230,000
Authority Lease Rentals...............$ 340,640
Utilities........................... $ 7,370,353
Facilities Renovations
and Repairs.........................$_________-0-
Total Funds Budgeted..................$ 28,049,843
State Funds Budgeted................ $ -0-
GEORGIA LAWS 1986 SESSION
1345
Georgia Building Authority Functional Budgets
Total Funds State Funds
Grounds $
Custodial $
Maintenance $
Security $
Van Pool $
Sales $
Administration $
Facility Renovations $
Undistributed $
Total $
1,307,604 $ -0-
3,561,225 $ -0-
3,146,284 $ -0-
2,704,755 $ -0-
110,672 $ -0-
3,510,402 $ -0-
13,708,901 $ -0-
-0- $ -0-
________-0- $ -0-
28,049,843 $ -0-
Section 14. Department of Agriculture.
A. Budget Unit: Department of
Agriculture...................... $ 31,627,158
State Operations Budget:
Personal Services.....................$ 25,575,125
Regular Operating Expenses............$ 2,318,000
Travel............................... $ 852,000
Motor Vehicle Equipment
Purchases......................... $ 531,000
Publications and Printing.............$ 606,000
Equipment Purchases................:..$ 307,000
Computer Charges......................$ 258,270
Real Estate Rentals...................$ 607,000
Telecommunications....................$ 358,000
Per Diem, Fees and Contracts..........$ 318,000
Market Bulletin Postage............547,000
Payments to Athens and Tifton
Veterinary Laboratories............. $ 1,947,535
1346
GENERAL ACTS AND RESOLUTIONS, VOL. I
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, and
Statesboro......................... $ 1,390,500
Veterinary Fees....................... $ 547,000
Indemnities........................... $ 114,000
Bee Indemnities........................$ 75,000
Advertising Contract....!..............$ 105,000
Payments to Georgia Agrirama
Development Authority for
Operations.......................... $ 409,000
Renovation, Construction,
Repairs and Maintenance
Projects at Major
and Minor Markets...............^....$ 415,000
Capital Outlay...................... $ 2,560,000
Contract - Federation of
Southern Cooperatives................$ 60,000
Tick Control Program................. $ 50,000
Utilization Adjustment..............(310,280)
Total Funds Budgeted................39,640,150
State Funds Budgeted...................$ 31,627,158
Department of Agriculture Functional Budgets
Plant Industry
Animal Industry
Marketing
General Field Forces
Internal Administration
Information and
Education
Fuel and Measures
Consumer Protection
Field Forces
Total Funds State Funds
$ 6,021,680 $ 5,566,050
$ 6,241,278 $ 5,880,708
$ 2,023,308 $ 2,018,308
$ 3,186,030 $ 3,186,030
$ 3,593,385 $ 3,524,205
$ 1,271,790 $ 1,271,790
$ 2,334,770 $ 2,329,770
$ 5,409,628 $ 4,318,166
GEORGIA LAWS 1986 SESSION 1347
Meat Inspection
Major Markets
Seed Technology
Entymology and
Pesticides
Utilization Adjustment
Total
$ 3,953,900 $
$ 3,749,181 $
$ 338,336 $
$ 1,827,144 $
$ (310,280) $
1,610,450
498,508
-0-
1,733,453
(310,280)
$ 39,640,150 $ 31,627,158
B. Budget Unit: Georgia Agrirama
Development Authority.........$
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..................$
-0-
459.000
115.000
7,000
10,000
16,000
7.000
-0-
-0-
8.000
31.000
205.000
78.000
936,000
-0-
Section 15. Department of Banking
and Finance.
Budget Unit: Department of Banking
and Finance..................... $ 4,710,914
Administration and Examination Budget:
Personal Services.....................$ 3,908,681
Regular Operating Expenses............$ 171,000
Travel.............................. $ 313,133
Motor Vehicle Equipment Purchases.....$ 50,800
Publications and Printing.......;.....$ 13,000
Equipment Purchases...................$ 7,000
Computer Charges......................$ 89,000
1348
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals................
Telecommunications.................
Per Diem, Fees and Contracts.......
Utilization Adjustment.............
Total Funds Budgeted...............
State Funds Budgeted...............
Section 16. Department of Community
Affairs.
A. Budget Unit: Department of
Community Affairs.................$
State Operations Budget:
Personal Services....................$
Regular Operating Expenses...........$
Travel...........................i....$
Motor Vehicle Equipment
Purchases...................... $
Publications and Printing............$
Equipment Purchases................. $
Computer Charges.....................$
Real Estate Rentals............... $
Telecommunications...................$
Per Diem, Fees and Contracts.........$
Capital Felony Expenses..............$
Contracts with Area Planning
and Development Commissions........$
Local Assistance Grants..............$
Appalachian Regional Commission
Assessment....................... $
Community Development Block
Grants (Federal)...................$
Juvenile Justice
Grants (Federal)...................$
Grant - Richmond County..............$
Economic Development Grants..........$
Payment to Georgia
Development Authority......... .$
Technical Assistance
to S.D.A......................... $
Utilization Adjustment...............$
Total Funds Budgeted.................$
State Funds Budgeted.................$
158,000
35,000
10,500
(45,200)
4,710,914
4,710,914
6,897,911
4,393,990
137.000
188.000
7,000
78.000
20.000
34.000
206,000
73.000
101,000
50.000
1,350,500
576.000
139.000
30,515,000
1,000,000
-0-
650.000
375.000
-0-
(36,460)
39,857,030
6,897,911
GEORGIA LAWS 1986 SESSION
1349
Department of Community Affairs Functional Budgets
Total Funds State Funds
Executive and
Administrative $ 3,227,354 $
Technical Assistance $ 2,317,007 $
Community and
Economic
Development $ 33,271,339 $
Intergovernmental
Assistance $ 1,077,790 $
Utilization Adjustment $_____(36,460) $
Total $ 39,857,030 $
B. Budget Unit: Authorities .............$
Operations Budget:
Personal Services............... ..$
Regular Operating Expenses......V:...$
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.................$
Authorities Functional Budgets
Total Funds
3,170,354
1,090,274
1,755,588
918,155
(36,460)
6,897,911
-0-
2,902,441
269,957
77.589
75,018
74,601
40,959
56,000
236,291
79.589
138,555
14.500.000
500,000
18.951.000
-0-
State Funds
Georgia Residential
Finance Authority
$ 18,576,000 $
-0-
1350
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Development
Authority
Undistributed
Total
$
$
375,000 $
-0- $
-0-
-0-
$ 18,951,000 $
-0-
Section 17. Department of Corrections.
A. Budget Unit: Departmental
Operations...............;..........$ 27,386,004
Departmental Operations Budget:
Personal Services......................$ 11,193,676
Regular Operating Expenses..............$ 727,000
Travel........J........................$ 366,000
Motor Vehicle Equipment
Purchases......................l?.L...$ 400,000
Publications and Printing...............$ 65,000
Equipment Purchases.....................$ 99,000
Computer Charges........................$ 1,640,000
Real Estate Rentals.................. $ 1,112,000
Telecommunications................' ...$ 321,000
Per Diem, Fees and Contracts............$ 1,054,000
Utilities.......................... $ 50,000
County Subsidy......................... $ 8,299,188
County Subsidy for Jails................$ 221,900
Court Costs ...................350,000
Central Repair Fund.....................$ 581,000
Grants for County
Workcamp Construction.................$ 1,000,000
Local Jail Equipment Grants.............$ -0-
Grants for Local Jails.......... .....$ 515,000
Capital Outlay.... .................316,000
Utilization Adjustment..................$ (254,760)
Total Funds Budgeted.........!.........$ 28,056,004
Indirect DO AS Funding................. $ 450,000
State Funds Budgeted.........'.........$ 27,386,004
Departmental Operations Functional Budgets
Total Funds State Funds
General Administration
and Support
$ 11,492,941 $
11,042,941
GEORGIA LAWS 1986 SESSION
1351
Adult Facilities
and Programs
Training and
Staff Development
Utilization Adjustment
Total
$ 15,293,094 $
$ 1,524,729 $
$ (254,760) $
$ 28,056,004 $
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...............$
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...................,..$
15,073,094
1,524,729
(254,760)
27,386,004
167,153,480
120,956,861
19,722,800
90,163
-0-
90,000
2,096,110
-0-
305.000
1.123.000
221.000
7.618.000
2.464.000
1.220.000
287.000
877.000
11,600,000
46,000
239,000
1352
GENERAL ACTS AND RESOLUTIONS, VOL. I
Minor Construction Fund.................$ 860,976
Authority Lease Rentals.................$ 440,000
Capital Outlay..........................$ -0-
Utilization Adjustment..................$ (1,556,430)
Total Funds Budgeted.................. $ 168,700,480
State Funds Budgeted....................$ 167,153,480
Correctional Institutions, Transitional Centers, and
Support Functional Budgets
Georgia Training and
Development Center
Georgia Industrial
Institute
Alto Education and
Evaluation Center
Georgia Diagnostic and
Classification Center
Georgia State Prison
Consolidated Branches
Middle Georgia
Correctional
Institution
Jack T. Rutledge
Correctional
Institution
Central Correctional
Institution
Metro Correctional
Institution
Coastal Correctional
Institution
Total Funds
$ 2,115,770
$ 8,687,691
$ 1,596,640
$ 9,638,379
$ 18,996,064
$ 14,989,546
$ 21,391,635
$ 4,262,917
$ 3,691,079
$ 5,003,469
$ 4,805,099
State Funds
$ 2,115,770
$ 8,687,691
$ 1,596,640
$ 9,638,379
$ 18,996,064
$ 14,899,546
$ 21,391,635
$ 4,262,917
$ 3,691,079
$ 5,003,469
$ 4,746,099
GEORGIA LAWS 1986 SESSION
Central Funds
D.O.T. Work Details
Food Processing
and Distribution
Farm Operations
Dodge Correctional
Institution
Transitional Centers
Augusta Correctional and
Medical Institution
Health Care
Richard H. Rogers
Correctional
Institution
Forsyth Correctional
Institution
Federal Grants
Utilization Adjustment
Total
$ 13,812,421
$ 725,000
$ 12,938,047
$ 5,400,078
$ 3,711,163
$ 3,714,238
$ 6,372,643
$ 21,401,283
$ 4,139,349
$ 2,864,399
$ -0-
$ (1,556,430)
$ 168,700,480
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..............
$
$
$
$
$
$
$
$
$
$
$
$
$
1353
13,812,421
-0-
12,290,047
5,375,078
3,711,163
3,714,238
6,372,643
21,401,283
4,139,349
2,864,399
-0-
(1,556,430)
167,153,480
15,193,075
12,701,360
331,970
422,000
70.000
43.000
85.000
1354
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges.......:..............$ 122,000
Real Estate Rentals....................$ 852,000
Telecommunications.....................$ 347,000
Per Diem, Fees and Contracts...........$ 64,000
County Jail Subsidy....................$ 293,895
Utilization Adjustment.................$ (139,150)
Total Funds Budgeted...................$ 15,193,075
State Funds Budgeted...................$ 15,193,075
D. Budget Unit: Georgia Correctional
Industries.........................$ -0-
Georgia Correctional Industries
Budget:
Personal Services......................$ 2,602,238
Regular Operating Expenses.............$ 1,067,950
Travel......................... $ 66,400
Motor Vehicle Equipment
Purchases............................$ 198,000
Publications and Printing..............$ 8,800
Equipment Purchases....................$ 310,000
Computer Charges...................:..$ 1,985
Real Estate Rentals.................. $ 81,650
Telecommunications.....................$ 75,000
Per Diem, Fees and Contracts...........$ 270,000
Cost of Sales..........................$ 6,380,000
Repayment of Prior Years
Appropriations.......................$ 84,000
Capital Outlay........................ $_________-0-
Total Funds Budgeted...................$ 11,146,023
State Funds Budgeted............... $ -0-
E. Budget Unit: Division of Probations $ 36,228,917
Operations Budget:
Personal Services...............35,437,387
Regular Operating Expenses............ $ 861,000
Travel.........|.............:.........$ 678,000
Motor Vehicle Equipment
Purchases.......pj|.................$ -0-
Publications and Printing..............$ 92,000
Equipment Purchases................ $ 187,000
Computer Charges.......................$ -0-
Real Estate Rentals................ $ 1,078,000
Telecommunications................. $ 468,000
GEORGIA LAWS 1986 SESSION
1355
Utilities.................................$ 326,000
Per Diem, Fees and Contracts..............$ 12,000
Capital Outlay............................$ 840,000
Utilization Adjustment....................$ (322,470)
Total Funds Budgeted.................... $ 39,656,917
State Funds Budgeted.................... $ 36,228,917
Division of Probations Functional Budgets
Total Funds State Funds
Probation
Administration
801,405 $
801,405
Probation Field
Operations
$ 31,968,751 $ 29,328,751
Diversion Centers
$ 7,209,231 $ 6,421,231
Utilization Adjustment $______________(322,470) $
(322,470)
Total
$ 39,656,917 $ 36,228,917
Section 18. Department of Defense.
Budget Unit: Department of Defense........$ 3,954,941
Operations Budget:
Personal Services.....................$ 6,371,234
Regular Operating Expenses............$ 1,677,000
Travel................................$ 60,000
Motor Vehicle Equipment
Purchases...........................$ 10,000
Publications and Printing.............$ 40,000
Equipment Purchases..-............. $ 107,850
Computer Charges......................$ 18,000
Real Estate Rentals...................$ 8,000
Telecommunications....................$ 76,000
Per Diem, Fees and Contracts..........$ 141,000
Utilities.............................$ 1,655,000
Grants to Locals -
EMA (P&A) MS........................$ 1,498,000
1356
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grants - Others.........................$ 41,000
Georgia Military Institute Grant........$ 18,000
Civil Air Patrol Contract...............$ 42,000
Capital Outlay..............v..........$ -0-
Grants to Armories.................... $ 510,000
Repairs and Renovations ................$ 71,000
Utilization Adjustment..................$____(65,530)
Total Funds Budgeted....................$ 12,278,554
State Funds Budgeted...................$ 3,954,941
Department of Defense Functional Budgets
Total Funds State Funds
Office of the
Adjutant General
$ 2,535,212 $ 1,035,718
Georgia Emergency
Management Agency
$ 1,786,743 $
793,386
Georgia Air
National Guard
$ 2,973,515 $
406,590
Georgia Army
National Guard
$ 5,048,614 $ 1,784,777
Utilization Adjustment
$
(65,530) $
(65,530)
Total
$ 12,278,554 $
3,954,941
Section 19. State Board of Education -
Department of Education.
Budget Unit: Department of
Education.........................$ 1,981,493,852
Operations:
Personal Services.................33,784,335
Regular Operating Expenses............$ 3,268,210
Travel............................ $ 1,045,401
Motor Vehicle Equipment
Purchases......................... $ 115,000
Publications and Printing.............$ 510,375
GEORGIA LAWS 1986 SESSION
1357
Equipment Purchases....................$ 271,815
Computer Charges.......................$ 8,239,140
Real Estate Rentals....................$ 1,997,335
Telecommunications.....................$ 610,688
Per Diem, Fees and Contracts...........$ 9,158,755
Utilities............................ $ 1,098,045
Capital Outlay.........................$ 1,030,000
OBE Formula Grants:
Kindergarten................... .$ 120,621,279
Grades 1-3...........................$ 330,888,401
Grades 4-8...........................$ 390,033,137
Grades 9-12..................... ...$ 209,108,876
Indirect Cost........................$ 340,262,204
High School Laboratories.............$ 58,367,296
Vocational Education
Laboratories.................. ...$ 67,642,730
Special Education....................$ 104,393,896
Gifted.............................. $ 10,417,109
Remedial Education................. $ 13,383,097
Staff Development....................$ 5,967,005
Media................................$ 62,040,723
Pre-Paid Teacher
Retirement.........................$ (142,000,000)
July/August APEG Salaries............$ 231,464,756
Pupil Transportation...................$ 99,464,112
Isolated Schools.................I.....$ 886,547
Local Fair Share.......................$ (263,245,650)
Other QBE Categorical Grants:
Equalization Formula.................$ 84,407,589
Grants for Contract
Transfer Payment...................$ -0-
Sparsity Grants..................... $ 500,000
Education of Children of
Low-Income Families................$ 78,364,380
Retirement...........................$ 1,700,000
Instructional Services for
the Handicapped....................$ 22,688,125
Tuition for the Multi-
handicapped ..................... .$ 1,472,000
Severely Emotionally
Disturbed........................ $ 26,414,028
School Lunch (Fed.)..................$ 121,090,490
School Lunch (State).................$ 20,939,378
1358
GENERAL ACTS AND RESOLUTIONS, VOL. I
Innovative Programs..................$
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification...............$
Regional Educational
Service Areas.....................$
Georgia Learning Resources
System......................
High School Program................ $
High School Program
(Salaries; July/August)...........$
Special Education/
State Institutions................$
Governors Scholarship...............$
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.................$
Public Library M & O.................$
Special Education/Hold
Harmless..... .............. .$
Health Insurance - Non
Certificated Personnel.........:..$
Teacher Health Insurance -
Retired Teachers.........
Grants to Local School
Systems for Educational
Purposes..........................$
Payment of Federal Funds
to Board of Postsecondary
Vocation Education................$
Child Care Lunch
Program (Federal)............... $
Local School
Construction (Asbestos)...........$
548,000
5,116,748
5,288,671
1,249,371
13,071,296
3,579,853
2,603,867
500.000
240.000
2,860,000
366,540
3,634,434
7,926,960
4,133,430
737,570
3,204,525
8,096,048
21,624,000
7,807,000
78,000,000
10,440,540
14,261,645
3,100,000
GEORGIA LAWS 1986 SESSION
1359
Chapter II - Block Grant
Flow Through...........|...............$ 8,702,655
Utilization Adjustment................................$ (298,300)
Total Funds Budgeted..................,..$2,265,195,460
Indirect DO AS Services
Funding...............................$ 340,000
State Funds Budgeted.....................$1,981,493,852
Education Functional Budgets
Total Funds State Funds
Instructional
Services
Governors Honors
Program
Vocational Education
Public Library
Services
State Administration
Administrative
Services
Planning and
Development
Professional Standards
Commission
Vocational Advisory
Council
Professional Practices
Commission
Georgia Academy for
the Blind
Georgia School for
the Deaf
$ 7,298,768
$ 823,603
$ 5,394,495
$ 1,944,883
$ 10,627,561
$ 8,970,746
$ 10,060,955
$ 194,598
$ 160,216
$ 473,664
$ 3,983,628
$ 6,386,180
$ 4,551,833
$ 808,603
$ 2,631,945
$ 947,883
$ 9,390,336
$ 5,814,896
$ 9,200,625
$ 194,598
$ -0-
$ 473,664
$ 3,683,198
$ 6,206,465
1360
GENERAL ACTS AND RESOLUTIONS, VOL. I
Atlanta Area School
for the Deaf
Local Programs
Utilization Adjustment
Total
$ 4,809,802
$ 2,204,364,661
$ (298,300)
$ 2,265,195,460
$ 4,567,487
$ 1,933,320,619
$ (298,300)
$ 1,981,493,852
Section 20. Employees Retirement
System.
Budget Unit: Employees Retirement
System........................... $ -0-
Employees Retirement System Budget:
Personal Services.....................$ 773,361
Regular Operating Expenses............$ 12,000
Travel..........a.....................,..$ 7,500
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing.............$ 22,000
Equipment Purchases...................$ 1,000
Computer Charges......................$ 174,000
Real Estate Rentals...................$ 101,000
Telecommunications....................$ 12,000
Per Diem, Fees and Contracts..........$ 555,000
Postage............................. $ 65,000
Benefits to Retirees..................$ -0-
Employer Contribution.................$_________-0-
Total Funds Budgeted..................$ 1,722,861
State Funds Budgeted............;.....$ -0-
Section 21. Forestry Commission.
Budget Unit: Forestry Commission.........$ 29,320,164
State Operations Budget:
Personal Services....................$ 23,154,289
Regular Operating Expenses...........$ 5,558,150
Travel............................. $ 134,000
Motor Vehicle Equipment
Purchases..........................$ 1,334,000
Publications and Printing........... $ 87,000
Equipment Purchases..................$ 2,182,810
Computer Charges.....................$ 59,000
Real Estate Rentals..................$ 28,000
GEORGIA LAWS 1986 SESSION
1361
Telecommunications.....................$ 572,000
Per Diem, Fees and Contracts..........$ 171,000
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...............68,000
Capital Outlay.........................$ 139,725
Utilization Adjustment.................$ (260,760)
Total Funds Budgeted...................$ 33,867,214
State Funds Budgeted...................$ 29,320,164
Forestry Commission Functional Budgets
Reforestation
Field Services
Wood Energy
General Administration
and Support
Utilization Adjustment
Total
$
$
$
$
$
Total Funds State Funds
3,150,965 $ 1,037,915
29,022,581 $ 26,596,581
68,000 $
1,886,428 $
(260,760) $
68,000
1,878,428
(260,760)
$ 33,867,214 $ 29,320,164
Section 22. Georgia Bureau of
Investigation.
Budget Unit: Georgia Bureau
of Investigation.......4dl ....$
Operations Budget:
Personal Services................... $
Regular Operating Expenses............$
Travel............................... $
Motor Vehicle Equipment
Purchases...........................$
Publications and Printing........... $
Equipment Purchases...................$
28,099,779
19,321,959
1,777,730
528,000
1,145,550
93,750
654,830
1362
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...................... $ 2,593,000
Real Estate Rentals....................$ 1,458,000
Telecommunications................... $ 1,250,800
Per Diem, Fees and Contracts.......:...$ 34,000
Evidence Purchased.....................$ 440,000
Utilities............................ $ 93,000
Postage.............................. $ 72,510
Capital Outlay..................... .$ 300,000
Utilization Adjustment.................$ (263,350)
Total Funds Budgeted................. $ 29,499,779
Indirect DOAS Funding.............I....$ 1,400,000
Total State Funds Budgeted.............$ 28,099,779
Georgia Bureau of Investigation Functional Budgets
Administration
Drug Enforcement
Investigative
Georgia Crime
Information Center
Utilization Adjustment
Total
Total Funds State Funds
$ 2,595,419 $ 2,595,419
$ 5,862,985 $ 5,862,985
$ 9,474,992 $ 9,474,992
$ 7,230,699 $ 5,830,699
$ (219,708) $ (219,708)
$ 24,944,387 $ 23,544,387
Forensic Sciences Budget:
Personal Services....y*.............. $ 3,683,034
Regular Operating Expenses.............$ 391,000
Travel.............................. $ 30,000
Motor Vehicle Equipment Purchases......$ 94,000
Publications and Printing..............$ 8,000
Equipment Purchases.................. $ 135,000
Computer Charges....................;...$ 124,000
Real Estate Rentals....................$ -0-
Telecommunications.................. $ 89,000
Per Diem, Fees and Contracts...........$ 5,000
Capital Outlay....................... $ -0-
Postage....................... .......$ 5,000
GEORGIA LAWS 1986 SESSION
1363
Utilities...,.....................?....$ 35,000
Utilization Adjustment.................$____(43,642)
Total Funds.......................... $ 4,555,392
State Funds........................... $ 4,555,392
Section 23. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission..............$ -0-
Departmental Operations Budget:
Personal Services.......:............ $ 977,300
Regular Operating Expenses.............$ 29,275
Travel............................... $ 9,000
Motor Vehicle Equipment Purchases.......$ -0-
Publications and Printing..............$ 1,200
Equipment Purchases....................$ 2,325
Computer Charges...................... $ 16,937
Real Estate Rentals....................$ 86,130
Telecommunications................. $ 11,100
Per Diem, Fees and Contracts...........$_____115,000
Total Funds Budgeted...................$ 1,248,267
State Funds Budgeted...................$ -0-
Section 24. Office of the Governor.
A. Budget Unit: Governors Office..........$ 5,753,247
1. Governors Office Budget:
Cost of Operations................... $ 2,435,967
Mansion Allowance.......;.............$ 40,000
Governors Emergency Fund..............$ 2,500,000
Intern Stipends and Travel.............$_____150,000
Total Funds Budgeted...................$ 5,125,967
State Funds Budgeted...................$ 5,125,967
2. Office of Fair Employment Practices
Budget:
Personal Services......................$ 523,640
Regular Operating Expenses.............$ 10,000
Travel................................ $ 11,000
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing..............$ 3,000
Equipment Purchases....................$ 10,000
1364
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges........................$ -0-
Real Estate Rentals.....................$ 57,000
Telecommunications......................$ 11,000
Per Diem, Fees and Contracts............$ 68,000
Utilization Adjustment..................$___(6,360)
Total Funds Budgeted............&......$ 687,280
State Funds Budgeted....................$ 627,280
Budget Unit Object Classes:
Cost of Operations.................... $ 2,435,967
Mansion Allowance.......................$ 40,000
Governors Emergency Fund...............$ 2,500,000
Intern Stipends and Travel..........x..$ 150,000
Personal Services.......................$ 523,640
Regular Operating Expenses.,......;.....$ 10,000
Travel.........................11,000
Motor Vehicle Equipment Purchases......$ -0-
Publications and Printing............. $ 3,000
Equipment Purchases.....................$ 10,000
Computer Charges........................$ -0-
Real Estate Rentals.....................$ 57,000
Telecommunications......................$ 11,000
Per Diem, Fees and Contracts............$ 68,000
Utilization Adjustment..................$ (6,360)
B. Budget Unit: Office of Planning
and Budget...........................$ 3,890,477
Office of Planning and Budget
Budget:
Personal Services................ .....$ 3,289,617
Regular Operating Expenses..............$ 89,000
Travel............................. ....$ 60,000
Motor Vehicle Equipment Purchases......$ -0-
Publications and Printing...........-...$ 36,000
Equipment Purchases.....................$ 25,000
Computer Charges........................$ 183,560
Real Estate Rentals................... $ 197,000
Telecommunications......................$ 52,000
Per Diem, Fees and Contracts............$ 95,000
Utilization Adjustment................ $__(36,700)
Total Funds Budgeted.................. $ 3,990,477
State Funds Budgeted....................$ 3,890,477
GEORGIA LAWS 1986 SESSION
1365
C. Budget Unit: Units Attached for
Administrative
Purposes Only.......................$ 5,693,060
Attached Units Budget:
Personal Services.................... $ 3,106,052
Regular Operating Expenses............$ 140,000
Travel.............................. $ 86,000
Motor Vehicle Equipment
Purchases............................$ -0-
Publications and Printing..............$ 106,000
Equipment Purchases....................$ 23,000
Computer Charges.......................$ 51,000
Real Estate Rentals................... $ 251,000
Telecommunications..............;.....$ 145,000
Per Diem, Fees and Contracts...........$ 5,451,000
Art Grants - State Funds...............$ 2,250,029
Art Grants - Federal Funds.............$ 376,000
Art Grants - Donations.................$ 44,000
Humanities Grant - State Funds.........$ 50,000
Utilization Adjustment.................$___(39,470)
Total Funds Budgeted...................$ 12,039,611
State Funds Budgeted...................$ 5,693,060
Attached Units Functional Budgets
Council for the Arts
Office of Consumer
Affairs
State Energy Office
Governors Committee
on Post-Secondary
Education
Consumers Utility
Counsel
Total Funds
$ 3,222,289
$ 1,761,929
$ 6,111,227
State Funds
$ 2,692,289
$ 1,761,929
$ 294,676
$ 161,037 $ 161,037
$ 455,125 $ 455,125
1366
GENERAL ACTS AND RESOLUTIONS, VOL. I
Criminal Justice
Coordinating Council
Utilization Adjustment
$ 367,474 $ 367,474
$ (39,470) $ (39,470)
Total $ 12,039,611 $ 5,693,060
Section 25. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities.....................$ 6,800,000
Grants to Counties.....................$ 2,600,000
Grants to Municipalities................$ 4,200,000
Total Funds Budgeted....................$ 6,800,000
State Funds Budgeted....................$ 6,800,000
Section 26. Department of Human
Resources.
A. Budget Unit: Departmental
Operations...........................$ 344,712,594
1. General Administration and
Support Budget:
Personal Services.....'................$ 34,510,583
Regular Operating Expenses..............$ 1,275,446
Travel.......|.........................$ 1,111,390
Motor Vehicle Equipment
Purchases ............................$ 26,000
Publications and Printing...............$ 141,945
Equipment Purchases................... $ 172,577
Computer Charges..................!.....$ 1,394,000
Real Estate Rentals.....................$ 3,740,750
Telecommunications......................$ 705,026
Per Diem, Fees and Contracts............$ 10,094,620
Utilities...............................$ 185,000
Postage.................................$ 721,046
Capital Outlay..........................$ 24,000
Institutional Repairs
and Maintenance.......................$ 132,000
Menninger Group Homes...................$ 402,000
Benefits for Child Care.................$ 2,144,317
GEORGIA LAWS 1986 SESSION
1367
Contract - Georgia
Advocacy Office, Inc..................$ 215,000
Utilization Adjustment..................$ (228,869)
Total Funds Budgeted....................$ 56,766,831
Indirect DO AS Services Funding.........$ 638,300
State Funds Budgeted....................$ 25,821,652
General Administration and Support Functional Budgets
Total Funds State Funds
$ 745,499 $ 745,499
1,017,125 $ 1,017,125
Commissioners Office
Administrative Appeals
$
Administrative Policy,
Coordination, and
Direction $
Personnel $
Support Services $
Indirect Cost $
Facilities Management $
Public Affairs $
Community/
Intergovernmental
Affairs $
Budget Administration $
Accounting Services $
Auditing Services $
Special Projects $
Children and Youth
Planning $
232,110 $
6,367,551 $
2,684,885 $
-0- $
4,230,946 $
423,523 $
459,934 $
1,499,559 $
4,432,992 $
1,732,942 $
287,000 $
199,098 $
232,110
6,284,950
2,472,285
(5,476,184)
3,043,329
423,523
459,934
1,499,559
4,232,992
1,732,942
287,000
199,098
1368
GENERAL ACTS AND RESOLUTIONS, VOL. I
Troubled Children
Benefits
Developmental
Disabilities
Council on Maternal
and Infant Health
Council on Family
Planning
Community Services
Regulatory Services -
Program Direction
and Support
Child Care Licensing
Laboratory Improvement
Health Care Facilities
Regulation
Compliance Monitoring
Radiological Health
Fraud and Abuse
Child Support Recovery
Utilization Adjustment
Total
$ 2,546,317
$ 255,145
$ 120,036
$ 16,610
$ 9,339,258
$ 660,077
$ 1,933,665
$ 733,929
$ 2,455,353
$ 328,866
$ 742,439
$ 3,978,682
$ 9,572,159
$ (228,869)
$ 56,766,831
2. Public Health Budget:
Personal Services.........
Regular Operating Expenses
Travel.................I..
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,546,317
-0-
120,036
1,661
-0-
585,077
1,916,815
471,347
792,569
328,866
558,936
278,790
1,295,945
(228,869)
25,821,652
35,137,287
46,645,610
981,720
GEORGIA LAWS 1986 SESSION
1369
Motor Vehicle Equipment
Purchases.............................$ -0-
Publications and Printing...............$ 302,700
Equipment Purchases.................;..$ 336,635
Computer Charges...................... $ 461,000
Real Estate Rentals.............674,100
Telecommunications......................$ 565,000
Per Diem, Fees and Contracts............$ 16,294,236
Utilities..............................$ -0-
Postage.....M:..........................$ 86,000
Crippled Children Clinics...............$ 518,000
Grants for Regional
Intensive Infant Care.................$ 4,936,795
Grants for Regional
Maternal and Infant Care..............$ 2,055,000
Midwifery Program Benefits..............$ 1,325,000
Crippled Children Benefits..............$ 6,933,116
Kidney Disease Benefits.................$ 505,000
Cancer Control Benefits.................$ 2,388,000
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program ................ $ 300,000
Benefits for Medically Indigent
High-Risk Pregnant Women and
Their Infants........s...................$ 5,113,000
Grant to Grady Hospital for
Cystic Fibrosis Program...............$ 42,000
Contract with Emory University
for Cancer Research...................$ 119,000
Contract with Auditory
Educational Clinic....................$ 105,000
Grant-In-Aid to Counties...............$ 48,572,275
Contract with Emory University
for Arthritis Research................$ 215,000
Contract for
Scoliosis Screening..*............. $ 115,000
Family Planning Benefits................$ 302,000
Grants to Counties for Teenage
Pregnancy Prevention..................$ 265,000
Grant to Counties for
Metabolic Disorders
Screening and Treatment...............$ 47,000
1370
GENERAL ACTS AND RESOLUTIONS, VOL. I
Contract - Macon-Bibb County
Hospital Authority...................$ 5,000,000
Utilization Adjustment.................$ (342,834)
Total Funds Budgeted...................$ 179,997,640
Indirect DOAS Services Funding.........$ 549,718
State Funds Budgeted................. $ 102,209,726
Public Health Functional Budgets
Total Funds State Funds
Directors Office $
Employees Health $
Health Program
Management $
Vital Records $
Health Services Research $
Primary Health Care $
Stroke and Heart
Attack Prevention $
Epidemiology $
Immunization $
Sexually Transmitted
Diseases
Community Tuberculosis
Center
Family Health
Management
Infant and Child Health
722,493 $
358,915 $
893,004 $
1,483,658 $
620,498 $
930,456 $
1,830,104 $
1,560,495 $
455,426 $
$ 1,491,721 $
525,268
323,915
808,004
1,420,658
397,680
930,456
1,300,104
874,289
-0-
360,459
$ 1,373,658 $ 1,241,790
$ 7,758,334 $ 2,569,780
$ 8,372,397 $ 8,239,324
Maternal Health -
Perinatal $ 236,303 $
6,464
GEORGIA LAWS 1986 SESSION
1371
Family Planning
Malnutrition
Dental Health
Childrens
Medical Services
Chronic Disease
Diabetes
Cancer Control
Environmental Health
Laboratory Services
Emergency Health
Minimum Foundation
Newborn Follow Up Care
Sickle Cell, Vision
and Hearing
High-Risk Pregnant
Women and Infants
Grant in Aid to Counties
Teenage Pregnancy
Prevention
Community Health
Management
Community Care
Utilization Adjustment
Total
$ 8,750,203 $
$ 51,334,468 $
$ 1,531,280 $
$ 10,783,888 $
$ 1,382,595 $
$ 525,439 $
$ 3,257,946 $
$ 947,425 $
$ 4,139,871 $
$ 2,376,923 $
$ 8,897,918 $
$ 782,447 $
$ 1,125,191 $
$ 6,865,057 $
$ 45,333,885 $
$ 265,000 $
$ 1,407,194 $
$ 2,546,282 $
$ (342,834) $
$ 179,997,640 $
3,810,203
-0-
1,321,105
8,011,273
1,382,595
525,439
3,257,946
408,653
4,004,871
1,316,423
8,761,461
599,497
1,125,191
6,865,057
40,080,922
265,000
816,977
1,001,756
(342,834)
102,209,726
1372
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Mental Health - Program
Direction and Support Budget:
Personal Services......................$ 4,877,683
Regular Operating Expenses.............$ 91,000
Travel.................................$ 127,000
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing..............$ 39,000
Equipment Purchases....................$ 43,000
Computer Charges.......................$ 1,040,000
Real Estate Rentals....................$ -0-
Telecommunications.....................$ 247,000
Per Diem, Fees and Contracts...........$ 276,000
Utilities..............................$ -0-
Postage.............................. $ 1,000
Contract with
Housing Alternatives..................$ 100,000
Utilization Adjustment.................$____(60,310)
Total Funds Budgeted...................$ 6,781,373
Indirect DOAS Services Funding.........$ 779,100
State Funds Budgeted...................$ 5,553,228
Mental Health - Program Direction and Support
Functional Budgets
Administration $
Indirect Cost $
MH/MR Advisory
Council $
Utilization Adjustment $_
Total $
Total Funds
6,797,398 $
-0- $
44,285 $
(60,310) $
State Funds
5,864,253
(295,000)
44,285
(60,310)
6,781,373 $ 5,553,228
4. Youth Services - Program
Direction and Support:
Personal Services......................$ 1,508,948
Regular Operating Expenses.............$ 23,000
Travel................................ $ 31,000
GEORGIA LAWS 1986 SESSION
1373
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing..............$ 5,000
Equipment Purchases....................$ 12,000
Computer Charges.......................$ 62,000
Real Estate Rentals....................$ -0-
Telecommunications.....................$ 38,000
Per Diem, Fees and Contracts...........$ 4,000
Utilities..1...........................$ -0-
Postage................................$ -0-
Utilization Adjustment.................$____(16,260)
Total Funds Budgeted...................$ 1,667,688
Indirect DO AS Services Funding........$ -0-
State Funds Budgeted...................$ 1,667,688
5. Services to the Aged Budget:
Personal Services......................$ 2,116,949
Regular Operating Expenses.............$ 46,000
Travel.................................$ 58,000
Motor Vehicle Equipment
Purchases............................$ -0-
Publications and Printing..............$ 21,000
Equipment Purchases....................$ 11,000
Computer Charges.......................$ 75,000
Real Estate Rentals....................$ 4,000
Telecommunications............ .v.....$ 66,000
Per Diem, Fees and Contracts...........$ 24,036,500
Utilities.......................... $ -0-
Payments to DMA...................... $ 6,898,000
Postage......................... .....$ 1,000
Utilization Adjustment.................$____(43,870)
Total Funds Budgeted.................. $ 33,289,579
State Funds Budgeted...................$ 11,475,044
Services to the Aged Functional Budgets
Total Funds State Funds
Administration and
Planning $ 2,809,349 $ 1,450,742
$ 23,626,100 $ 3,170,172
Aging Services
1374
GENERAL ACTS AND RESOLUTIONS, VOL. I
Alternative Health
Services
Utilization Adjustment
$ 6,898,000 $ 6,898,000
$ (43,870) $ (43,870)
Total $ 33,289,579 $ 11,475,044
6. Rehabilitation Services Budget:
Personal Services..................... $ 25,652,024
Regular Operating Expenses..............$ 1,127,000
Travel........................|.........$ 537,000
Motor Vehicle Equipment
Purchases.............................$ 23,000
Publications and Printing......4....'...$ 49,000
Equipment Purchases.....................$ 141,000
Computer Charges........................$ 786,000
Real Estate Rentals................1,038,000
Telecommunications..................... $ 625,000
Per Diem, Fees and Contracts............$ 910,000
Utilities...............................$ 282,000
Capital Outlay..........................$ -0-
Postage................................ $ 94,000
Institutional Repairs
and Maintenance..................... $ -0-
Grants for Nephrology Centers...........$ 245,000
Contract with Vocational
Rehabilitation Community
Facilities.......................... $ 5,085,515
Contract for Epilepsy................. $ 67,000
Case Services......................... $ 9,816,000
E.S.R.P. Case Services..................$ 50,000
Contract with the Affirmative
Industries............................$ 110,000
Contract with
RCW Industries, Inc...................$ 146,000
Utilization Adjustment..................$____(68,903)
Total Funds Budgeted....................$ 46,714,636
Indirect DO AS Services Funding.........$ 50,000
State Funds Budgeted....................$ 14,595,276
GEORGIA LAWS 1986 SESSION
1375
Rehabilitation Services Functional Budgets
Total Funds State Funds
Program Direction
and Support
Grants Management
Atlanta Rehabilitation
Center
Rehabilitation Center for
the Deaf - Cave Spring
Central Rehabilitation
Center
Georgia Vocational
Adjustment Center -
Gracewood
Ireland Rehabilitation
Center
Rome Rehabilitation
Center
J. F. Kennedy Center
Production Workshop
District Field Services
Independent Living
Sheltered Employment
Community Facilities
Bobby Dodd Workshop
Utilization Adjustment
Total
$ 2,915,924
$ 584,510
$ 2,419,064
$ 496,125
$ 604,152
$
$
$
$
$
$
$
$
$
$
$ 1,197,089
$ 473,190
$
$
$
440,431 $
407,492 $
220,243
428,303
1,100,980
30,647,174
329,391
1,104,235
4,690,813
394,702
(68,903)
$
$
$
$
$
$
$
$
$
486,360
99,225
120,831
88,086
81,502
44,689
85,660
-0-
6,252,707
126,912
522,413
4,690,813
394,702
(68,903)
$ 46,714,636 $ 14,595,276
1376 GENERAL ACTS AND RESOLUTIONS, VOL. I
7. Roosevelt Warm Springs
Rehabilitation Institute:
Personal Services.......................$ 10,870,400
Regular Operating Expenses..............$ 1,687,000
Travel..................................$ 48,000
Motor Vehicle Equipment
Purchases ........................... $ 54,000
Publications and Printing...............$ 15,000
Equipment Purchases.....................$ 110,000
Computer Charges........................$ 62,000
Real Estate Rentals.....................$ 11,000
Telecommunications.................... $ 173,000
Per Diem, Fees and Contracts............$ 1,452,000
Utilities...............................$ 578,000
Postage.................................$ 14,300
Case Services...........................$ -0-
Capital Outlay..........................$ -0-
Institutional Repairs
and Maintenance..................... $ -0-
Utilization Adjustment..................$____(40,103)
Total Funds Budgeted....................$ 15,034,597
Indirect DO AS Services Funding.........$ 50,000
State Funds Budgeted....................$ 4,048,819
Roosevelt Warm Springs Rehabilitation Institute
Functional Budgets
Total Funds State Funds
Administration $ 5,693,760 $ 2,528,665
Rehabilitation Services $ 9,380,940 $ 1,560,257
Utilization Adjustment $______(40,103) $______(40,103)
Total $ 15,034,597 $ 4,048,819
8. Georgia Factory for the
Blind Budget:
Personal Services.......................$ 4,682,148
Regular Operating Expenses..............$ 8,332,000
Travel................................ $ 17,000
GEORGIA LAWS 1986 SESSION
1377
Motor Vehicle
Equipment Purchases..................$ 20,000
Publications and Printing..............$ 9,000
Equipment Purchases....................$ 42,000
Computer Charges.......................$ 70,000
Real Estate Rentals....................$ -0-
Telecommunications................... $ 30,000
Per Diem, Fees and Contracts...........$ 66,000
Utilities..............................$ 125,000
Postage................................$ 6,000
Capital Outlay.........................$ -0-
Utilization Adjustment.................$_____(5,210)
Total Funds Budgeted...................$ 13,393,938
State Funds Budgeted...................$ 535,996
Georgia Factory for the Blind Functional Budgets
Total Funds State Funds
Operations
Supervision
Utilization Adjustment
Total
$ 12,857,942
$ 541,206
$________(5,210)
$ 13,393,938
$ -0-
$ 541,206
$________(5,210)
$ 535,996
9. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services................... $ 12,215,508
Regular Operating Expenses............$ 273,000
Travel............................... $ 82,000
Motor Vehicle Equipment
Purchases......................... $ -0-
Publications and Printing.............$ 41,000
Equipment Purchases...................$ 150,000
Computer Charges......................$ 370,000
Real Estate Rentals...................$ 752,000
Telecommunications....................$ 494,000
Per Diem, Fees and Contracts.......1,441,000
Utilities.............................$ -0-
Postage.............................. $ 342,000
1378
GENERAL ACTS AND RESOLUTIONS, VOL. I
Case Services..........
Total Funds Budgeted
State Funds Budgeted
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........................
AFDC Benefits..................
Grants to County DFACS -
Operations...................
WIN Benefits...................
Benefits for Child Care........
SSI - Supplement Benefits......
Utilization Adjustment.........
Total Funds Budgeted...........
Indirect DO AS Services Funding
State Funds Budgeted.............
$
$
$
$
$
$
$
$
$
$
.$
.$
.$
.$
.$
Family and Children Services Functional
Total Funds
Refugee Benefits
AFDC Payments
SSI - Supplement Benefits
$ 1,104,936 $
$ 237,079,440 $
$ 20,000 $
16,026,500 $
11,832,000
27,992,508
-0-
11,902,095
16.968.000
390.000
-0-
673.000
132.000
11.090.000
227.000
31.997.000
972.000
7,000
949.000
237,079,440
142,759,906
886,594
19,745,784
20,000
(913,294)
474,885,525
2,339,882
178,805,165
Budgets
State Funds
-0-
80,488,470
20,000
Energy Benefits
$
-0-
GEORGIA LAWS 1986 SESSION
1379
County DFACS
Operations -
Social Services
County DFACS
Operations -
Homemaker Services
County DFACS
Operations -
Eligibility
County DFACS
Operations -
Joint and
Administration
Food Stamp Issuance
Grants to Fulton County
for 24-hour Emergency
Services
Directors Office
Administration
and Management
District Administration
Program Planning,
Development,
and Training
Management
Information
Systems
Child Development
Administration
Indirect Cost
$ 39,555,806 $
5,497,208 $
$ 59,577,189 $
$ 37,883,721 $
$ 2,512,000 $
$ 245,982 $
$ 543,591 $
$ 5,040,665 $
$ 3,322,549 $
$ 7,495,007 $
$ 13,474,195 $
$ 1,037,877 $
$ -0- $
16,316,593
4,915,808
29,658,115
18,741,848
-0-
245,982
543,591
3,670,859
3,322,549
3,909,111
5,526,963
1,037,877
(7,489,566)
1380
GENERAL ACTS AND RESOLUTIONS, VOL. I
Work Incentive Benefits
Legal Services
Family Foster Care
Institutional Foster Care
Specialized Foster Care
Adoption Supplement
Liability Insurance
Day Care
Psychiatric,
Psychological and
Speech Therapy
Maternity Care
Return of Runaways^
County
Home Management -
Contracts
Outreach - Contracts
Special Projects
Utilization Adjustment
Total
$ 4,020,594
$ 700,000
$ 15,034,474
$ 2,932,380
$ 337,700
$ 1,109,230
$ 32,700
$ 19,924,430
$ 130,000
$ 50,000
$ 7,000
$ 172,200
$ 710,030
$ 221,415
$ (913,294)
$ 474,885,525
Budget Unit Object Classes:
Personal Services.........
Regular Operating Expenses
Travel....................
Motor Vehicle Equipment
Purchases...............
Publications and Printing.
$ 707,410
$ 475,000
$ 9,432,180
$ 2,047,639
$ 100,407
$ 1,054,848
$ 32,700
$ 4,302,278
$ 128,500
$ 50,000
$ 7,000
$ 44,016
$ 206,866
$ 221,415
$ (913,294)
$ 178,805,165
...$ 143,473,625
..$ 76,468,056
..$ 3,383,110
..$ 123,000
..$ 1,296,645
GEORGIA LAWS 1986 SESSION
1381
Equipment Purchases................... $ 1,150,212
Computer Charges........................$ 15,410,000
Real Estate Rentals................... $ 6,446,850
Telecommunications.................... $ 3,915,026
Per Diem, Fees and Contracts............$ 86,571,356
Utilities.......................... ...$ 1,177,000
Postage..........................X.;....$ 2,214,346
Capital Outlay....................... $ 24,000
Grants for Regional
Intensive Infant Care................$ 4,936,795
Grants for Regional
Maternal and Infant Care.............$ 2,055,000
Crippled Children Benefits.........6,933,116
Crippled Children Clinics...............$ 518,000
Kidney Disease Benefits.................$ 505,000
Cancer Control Benefits ................$ 2,388,000
Benefits for Medically Indigent
High-Risk Pregnant Women and
Their Infants........................$ 5,113,000
Family Planning Benefits................$ 302,000
Benefits for Midwifery Program..........$ 1,325,000
Grant-In-Aid to Counties................$ 48,572,275
Work Incentive Benefits.................$ 886,594
Benefits for Child Care.................$ 21,890,101
Grants for Nephrology Centers...........$ 245,000
Case Services......................... $ 21,648,000
E.S.R.P. Case Services..................$ 50,000
SSI-Supplement Benefits.................$ 20,000
AFDC Benefits...........................$ 237,079,440
Grants to County DFACS -
Operations...........................$ 142,759,906
Contract with Vocational
Rehabilitation Community
Facilities...................|.......$ 5,085,515
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program...................$ 300,000
Contract with the
Affirmative Industries...............$ 110,000
Institutional Repairs
and Maintenance......................$ 132,000
Contract with Emory University
for Arthritis Research.................$ 215,000
1382
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.................$ 402,000
Contract - Georgia
Advocacy Office, Inc................$ 215,000
Grant for Teenage Pregnancy
Prevention Program................ $ 265,000
Contract - Cancer Research
at Emory..........^7................$ 119,000
Contract - Macon-Bibb County
Hospital Authority................ $ 5,000,000
Contract with
RCW Industries, Inc................ $ 146,000
Grants to Counties for
Metabolic Disorders
Screening and Testing...............$ 47,000
Payments to DMA.......................$ 6,898,000
Contract with
Housing Alternatives.............. $ 100,000
Contract with Auditory
Educational Clinic..................$ 105,000
Utilization Adjustment.................$ (1,719,653)
B. Budget Unit: State Health Planning
and Development.................. $ 715,072
State Health Planning
and Development Budget:
Personal Services.................... $ 785,982
Regular Operating Expenses............$ 32,000
Travel................................$ 6,000
Publications and Printing.............$ 3,000
Equipment Purchases...................$ 18,000
Computer Charges......................$ 28,000
Real Estate Rentals................. $ 106,000
Telecommunications................... $ 27,000
Per Diem, Fees and Contracts..........$ 113,000
Postage............................. $ 10,000
Utilization Adjustment................$______(6,910)
Total Funds Budgeted................. $ 1,122,072
GEORGIA LAWS 1986 SESSION
1383
Indirect DO AS Services Funding.......$ -0-
State Funds Budgeted................$ 715,072
C. Budget Unit: Community Mental
Health/ Mental Retardation Youth
Services and Institutions............$ 372,110,981
Departmental Operations:
Personal Services......................$ 287,251,804
Regular Operating Expenses.............$ 29,842,926
Travel.................................$ 625,000
Motor Vehicle Equipment
Purchases............................$ 929,000
Publications and Printing..............$ 88,000
Equipment Purchases....................$ 2,407,000
Computer Charges.......................$ 3,413,000
Real Estate Rentals....................$ 618,000
Telecommunications.....................$ 2,538,000
Per Diem, Fees and Contracts...........$ 19,967,683
Utilities..............................$ 15,915,000
Postage................................$ 241,000
Capital Outlay....................... $ 764,800
Authority Lease Rentals................$ 2,415,000
Institutional Repairs
and Maintenance......................$ 1,963,440
Grants to County-Owned
Detention Centers................... $ 2,223,000
Reserve for Thomasville RYDC...........$ -0-
Reserve for Claxton RYDC...............$ -0-
Drug Abuse Contracts...................$ 1,053,000
Day Care Centers for the
Mentally Retarded....................$ 60,605,130
MR Day Care Center Motor
Vehicle Purchases.................. $ 1,917,000
Supportive Living Staff................$ 1,607,244
Supportive Living Benefits.............$ 8,354,087
Georgia State Foster
Grandparent/ Senior
Companion Program....................$ 568,000
Community Mental Health
Center Services......................$ 67,107,764
Project Rescue....................... $ 348,000
Project ARC............................$ 244,000
1384
GENERAL ACTS AND RESOLUTIONS, VOL. I
Project Friendship.....................$ 277,000
Group Homes for
Autistic Children....................$ 241,421
Contract with Clayton County
Board of Education for
Autistic Children....................$ 71,000
Uniform Alcoholism Projects............$ 1,563,501
Child Care Benefits....................$ 16,000
Community Mental
Retardation Staff....................$ 2,977,675
Community Mental Retardation
Residential Services.................$ 15,285,274
Lumpkin Area Individual
Living, Inc..........................$ 33,000
Utilization Adjustment.................$ (2,626,464)
Cost-of-Living Adjustment..............$ 15,652,919
Total Funds Budgeted...................$ 546,498,204
Indirect DOAS Services Funding.........$ 1,625,000
State Funds Budgeted...................$ 372,110,981
Community Mental Health/Mental Retardation, Youth
Services and Institutional Functional Budgets
Total Funds State Funds
Southwestern State
Hospital
$ 30,189,843 $ 19,543,043
Georgia Retardation
Center
$ 26,468,535 $ 13,001,735
Georgia Mental Health
Institute
$ 22,753,872 $ 20,069,793
Georgia Regional
Hospital at Augusta
$ 14,155,605 $ 12,950,705
Northwest Regional
Hospital at Rome
$ 21,772,722 $ 16,994,031
Georgia Regional
Hospital at Atlanta
$ 23,414,883 $ 18,574,805
GEORGIA LAWS 1986 SESSION
1385
Central State Hospital
Georgia Regional
Hospital at Savannah
Gracewood State School
and Hospital
West Central Georgia
Regional Hospital
Regional Youth
Development Centers
State Youth
Development
Centers
Court Services
Community Treatment
Centers
Day Centers
Group Homes
Runaway Investigations
Interstate Compact
Purchased Services
Assessment and
Classification
Outdoor Therapeutic
Program
Mental Health
Community
Assistance
$ 103,624,329 $
$ 14,871,648 $
$ 39,008,870 $
$ 12,342,313 $
$ 14,297,642 $
$ 19,987,661 $
$ 7,916,825 $
$ 2,170,987 $
$ 745,344 $
$ 556,981 $
$ 430,776 $
$ 93,152 $
$ 2,590,879 $
$ 331,607 $
$ 1,679,159 $
$ 7,159,624 $
72,154,629
13,196,348
20,530,870
10,467,013
14,026,642
19,657,661
7,916,825
2,170,987
745,344
556,981
430,776
93,152
2,549,879
331,607
1,661,159
7,159,624
1386
GENERAL ACTS AND RESOLUTIONS, VOL. I
Mental Retardation
Community Assistance $ 2,694,521 $
Central Pharmacy
$
Supportive Living
Georgia State Foster
Grandparent/ Senior
Companion Program
Project Rescue
Drug Abuse Contracts
Community Mental
Health
Center Services
140,178 $
Day Care Centers for the
Mentally Retarded $ 62,522,130 $
$ 9,961,331 $
$ 568,000 $
$ 348,000 $
$ 1,053,000 $
$ 67,107,764 $
Uniform Alcoholism
Projects $
Project ARC $
Metro Drug Abuse
Centers $
Group Homes for Autistic
Children $
Project Friendship $
Central Laboratory $
Community Mental
Retardation Staff $
1,563,501 $
244.000 $
1,505,377 $
241,421 $
277.000 $
315,320 $
2,977,675 $
1,996,521
140,178
28,919,130
5,932,704
568.000
185.000
1,053,000
29,410,216
1,500,501
244.000
632,377
241,421
277.000
320
2,707,675
GEORGIA LAWS 1986 SESSION
1387
Community Mental
Retardation
Residential Services
$ 15,285,274 $
Lumpkin Area Individual
Living, Inc.
33,000 $
Contract with Clayton
County Board of
Education
for Autistic Children
$
71,000 $
Utilization Adjustment
$ (2,626,464) $
Cost-of-Living
Adjustment
$ 15,652,919 $
Total
$ 546,498,204 $
Section 27. 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..................$
Per Diem, Fees and Contracts........$
Postage.............................$
Local Welcome Center Contracts......$
Advertising....................... $
Georgia Ports Authority -
Authority Lease Rentals.............$
10,601,566
33,000
71,000
(2,626,464)
15,440,227
372,110,981
15,176,711
5,881,816
906.000
312.000
-0-
332.000
73,600
148.000
461,500
163.000
248.000
181.000
190,000
3.600.000
2.735.000
1388
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Ports Authority -
General Obligation Bond
Payments........................... $ 23,288,000
Historic Chattahoochee
Commission Contract.................$ 60,000
Atlanta Council for
International Visitors..............$ 25,000
Waterway Development in Georgia.......$ 50,000
Georgia Music Week Promotion..........$ 35,000
Georgia World Congress Center
Operating Expenses..................$ -0-
Contract - Georgia Association
of Broadcasters.....................$ 53,000
Southern Center for
International Studies...............$ 25,000
Capital Outlay...................... $ 575,000
Utilization Adjustment................$_____(78,500)
Total Funds Budgeted..................$ 39,264,416
State Funds Budgeted..................$ 15,176,711
Department of Industry and Trade Functional Budgets
Administration
Economic Development
Tourist
Utilization Adjustment
Total
Total Funds
$ 29,201,342 $
$ 3,931,311 $
$ 6,210,263 $
$ (78,500) $
State Funds
5,113,637
3,931,311
6,210,263
(78,500)
$ 39,264,416 $
B. Budget Unit: Authorities...............$
Administration Budget:
Personal Services................... $
Regular Operating Expenses............$
Travel.............................. $
Motor Vehicle Equipment
Purchases...........................$
Publications and Printing......
15,176,711
-0-
32,597,003
12,302,025
547,664
-0-
160,896
GEORGIA LAWS 1986 SESSION
1389
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.................$
Authorities Functional Budgets
Total Funds
Georgia World Congress
Center
$ 12,259,275 $
Georgia Ports Authority $ 61,763,371 $_
Total
$ 74,022,646 $
Section 28. Department of Insurance.
Budget Unit: Office of Insurance
Commissioner....................$
Operations Budget:
Personal Services...................5
Regular Operating Expenses..........5
Travel............................. 3
Motor Vehicle Equipment Purchases...3
Publications and Printing...........
Equipment Purchases.................3
Computer Charges....................$
Real Estate Rentals.................3
Telecommunications................ 5
Per Diem, Fees and Contracts.......Sj
50,000
608,000
134,810
442,919
1,755,377
16,415,000
1,564,000
5,498,955
1,945,997
74,022,646
-0-
State Funds
-0-
-0-
-0-
8,417,678
7,883,832
397,200
208,000
106,000
135.000
51,635
199,163
470.000
143,700
33,001
1390
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilization Adjustment...............-...$_____(79,210)
Total Funds Budgeted.....................$ 9,548,321
State Funds Budgeted.....................$ 8,417,678
Department of Insurance Functional Budgets
Internal Administration
Insurance Regulation
Industrial Loans
Regulation
Information and
Enforcement
Fire Safety and Mobile
Home Regulations
Utilization Adjustment
Total
Total Funds State Funds
$ 1,341,134 $ 1,341,134
$ 2,147,568 $ 2,037,925
$
537,912 $
537,912
$ 1,493,172 $ 1,493,172
$ 4,107,745 $ 3,086,745
$ (79,210) $ (79,210)
$ 9,548,321 $ 8,417,678
Section 29. Department of Labor.
Budget Unit: Department of Labor..........$ 6,461,678
State Operations:
Personal Services......................$ 58,805,331
Regular Operating Expenses........... $ 3,091,000
Travel............................968,000
Motor Vehicle Equipment
Purchases.......................... $ -0-
Publications and Printing......... ...$ 36,000
Equipment Purchases....................$ 301,000
Computer Charges.......................$ 2,459,000
Real Estate Rentals....................$ 2,255,000
Telecommunications.....................$ 1,158,000
Per Diem, Fees and
Contracts (JTPA)................... $ 56,388,000
Per Diem, Fees and Contracts...........$ 1,747,000
Capital Outlay................. ......$ 1,000,000
W.I.N. Grants......................... $ 260,000
GEORGIA LAWS 1986 SESSION
1391
Payments to State Treasury..............$ 400,000
Utilization Adjustment..................$____(41,653)
Total Funds Budgeted....................$ 128,826,678
State Funds Budgeted....................$ 6,461,678
Department of Labor Functional Budgets
Total Funds State Funds
Executive Offices
Administrative Services
U nemployment
Insurance
Employment Services
Field Services
Job Training
Partnership
Utilization Adjustment
$ 5,736,890
$ 11,006,370
$ 7,736,554
$ 3,923,772
$ 47,184,658
$ 53,280,087
$ (41,653)
$ 1,854,155
$ 923,606
$ 4,360
$ 355,801
$ 3,365,409
$ -0-
$ (41,653)
Total $ 128,826,678 $ 6,461,678
Section 30. Department of Law.
Budget Unit: Department of Law............$ 6,695,626
Attorney Generals Office Budget:
Personal Services......................$ 6,000,619
Regular Operating Expenses........... $ 290,100
Travel.................................$ 127,000
Motor Vehicle Equipment Purchases.....$ -0-
Publications and Printing..............$ 38,000
Equipment Purchases....................$ 28,000
Computer Charges.......................$ 127,899
Real Estate Rentals....................$ 315,000
Telecommunications.....................$ 95,000
Per Diem, Fees and Contracts...........$ 45,000
Books for State Library................$ 110,000
Capital Outlay.........................$ -0-
1392
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilization Adjustment....................$____(61,092)
Total Funds Budgeted................... .$ 7,115,526
State Funds Budgeted..................... $ 6,695,626
Section 31. Department of
Medical Assistance.
Budget Unit: Medicaid Services............$ 288,637,724
Departmental Operations Budget:
Personal Services................. ...$ 8,379,845
Regular Operating Expenses.............$ 267,000
Travel.................................$ 168,000
Motor Vehicle
Equipment Purchases.................$ -0-
Publications and Printing..............$ 52,000
Equipment Purchases....................$ 97,062
Computer Charges...................... $ 9,102,422
Real Estate Rentals............798,000
Telecommunications.....................$ 383,000
Per Diem, Fees and Contracts...........$ 11,058,000
Postage................................$ 88,000
Medicaid Benefits......................$ 918,965,044
Payments to Counties for
Mental Health...................... $ 13,200,000
Audits Contracts.......................$ 1,285,000
Utilization Adjustment............... .$____(73,353)
Total Funds Budgeted...................$ 963,770,020
State Funds Budgeted...................$ 288,637,724
Medical Assistance Functional Budgets
Total Funds State Funds
$ 709,381 $
$ 13,978,826 $
$ 2,764,773 $
$ 11,076,545 $
$ 3,148,804 $
Commissioners Office
Program Management
Administration
Operations
Program Integrity
Benefits
$ 932,165,044 $
354,859
2,208,519
822,678
2,785,354
1,357,279
281,182,388
GEORGIA LAWS 1986 SESSION
1393
Utilization Adjustment $_______(73,353) $_______(73,353)
Total $ 963,770,020 $ 288,637,724
Section 32. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration
Agency Assessments................$ 6,547,666
Departmental Operations Budget:
Personal Services.....................$ 5,191,143
Regular Operating Expenses............$ 143,990
Travel............................... $ 67,950
Motor Vehicle Equipment
Purchases......................... $ -0-
Publications and Printing.............$ 182,250
Equipment Purchases................. $ 30,805
Computer Charges.................... $ 1,612,307
Real Estate Rentals...................$ 685,737
Telecommunications....:...............$ 76,450
Per Diem, Fees and Contracts..........$ 28,092,631
Postage............................. $ 179,240
Health Insurance Payments.............$ 254,557,620
Total Funds Budgeted................. $ 290,820,123
Agency Assessments....................$ 6,547,666
Employee and Employer
Contributions.......................$ 284,234,595
Deferred Compensation............... $ 37,862
Merit System Functional Budgets
Total Funds State Funds
Applicant Services $ 1,916,178 $ -0-
Classification and
Compensation $ 861,851 $ -0-
Program Evaluation
and Audit $ 662,905 $
-0-
1394
GENERAL ACTS AND RESOLUTIONS, VOL. I
Employee Training
and Development
Health Insurance
Administration
Health Insurance Claims
Internal Administration
Commissioners Office
Undistributed
Total
$ 1,065,352 $
$ 7,936,279 $
$ 276,025,822 $
$ 1,217,180 $
$ 1,134,556 $
$ -0- $
$ 290,820,123 $
Section 33. Department of Natural
Resources.
A. Budget Unit: Department of Natural
Resources....................... $
Operations Budget:
Personal Services....................$
Regular Operating Expenses...........$
Travel......................... $
Motor Vehicle Equipment
Purchases................... $
Publications and Printing...jj.......$
Equipment Purchases.....:.......... $
Computer Charges................... $
Real Estate Rentals..................$
Telecommunications...................$
Per Diem, Fees and Contracts.........$
Postage..............................$
Land and Water Conservation
Grants.............................$
Recreation Grants....................$
Contract with U. S. Geological
Survey for Ground Water
Resources Survey...................$
Contract with U.S. Geological
Survey for Topographic Maps........$
Capital Outlay - Repairs
and Maintenance......................$
-0-
-0-
-0-
-0-
-0-
-0-
-0-
61,960,483
44,231,453
8,384,200
490.500
1.408.500
552.500
1.158.500
410.500
1,486,196
832,180
1.070.500
357,300
3,000,000
568,000
275.000
125.000
1,462,000
GEORGIA LAWS 1986 SESSION
1395
Capital Outlay -
Shop Stock - Parks..................$ 300,000
Capital Outlay - Heritage Trust.......$ 535,000
Authority Lease Rentals...............$ 915,000
Cost of Material for Resale...........$ 1,310,000
Payments to Lake Lanier Islands
Development Authority...............$ 513,000
Contract - Special Olympics,
Inc............................. $ 206,000
Georgia Sports Hall of Fame...........$ 300,000
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition............. $ 400,000
Capital Outlay - User Fee
Enhancements - Parks................$ 1,300,000
Capital Outlay - Buoy
Maintenance............... .;....$ 20,000
Capital Outlay - Consolidated
Maintenance - Game and Fish.........$ 250,000
Technical Assistance Contract.........$ 125,000
Capital Outlay........................$ 142,000
Contract - Georgia Rural
Water Association...................$ 10,000
Grant - The Hay House............... $ 40,000
Lanier Regional Committee.............$ 13,000
Contract - Corps of Engineers
(Cold Water Creek St. Park).........$ 188,000
Contract - Corps of Engineers
(Tybee Beach Restoration)...........$ 800,000
Advertising and Promotion............ $ 100,000
Payment to Georgia
Agricultural Exposition
Authority......................... $ 250,000
Historic Preservation
Grant...............................$ -0-
Payment to Jekyll
Island State Park -
Capital Outlay................ $ 200,000
Payment to Stone Mountain
Memorial Association -
Capital Outlay......................$ 450,000
Environmental Facilities Grants.......$ 8,000,000
1396
GENERAL ACTS AND RESOLUTIONS, VOL. I
Non-Game Wildlife
Habitat Fund.........................$ 150,000
Georgia Boxing Commission...............$ 5,000
Utilization Adjustment..................$ (413,190)
Total Funds Budgeted.................. $ 81,921,139
Receipts from Jekyll Island
State Park Authority.................$ 53,750
Receipts from Stone Mountain
Memorial Association.................$ 315,000
Indirect DO AS Funding..................$ 200,000
State Funds Budgeted.................. $ 61,960,483
Department of Natural Resources Functional Budgets
Internal Administration
Game and Fish
Parks, Recreation and
Historic Sites
Environmental
Protection
Coastal Resources
Utilization Adjustment
Total
Total Funds
$ 6,976,736 $
22,397,612 $
$
$
$
$
$
State Funds
6,607,986
19,380,921
27,389,139 $ 14,686,008
24,231,283 $
1,339,559 $
(413,190) $
$ 81,921,139 $
B. Budget Unit: Authorities..............$
Operations Budget:
Personal Services................... $
Regular Operating Expenses...........$
Travel.............................. $
Motor Vehicle Equipment
Purchases........................ $
Publications and Printing............$
Equipment.......................... $
Computer Charges................ $
Real Estate Rentals................ $
20,428,199
1,270,559
(413,190)
61,960,483
-0-
5,733,850
3,425,200
68,000
39.000
104,000
44,200
20.000
13,950
GEORGIA LAWS 1986 SESSION 1397
Telecommunications................. $ 119,000
Per Diem, Fees and Contracts.........$ 191,000
Capital Outlay.......................$ 650,000
Promotion Expense....................$ -0-
Boat Replacement Expense.............$ 156,200
Payments to the Department
of Natural Resources...............$ 53,750
Mortgage Payments....................$__________-0-
Total Funds Budgeted.................$ 10,618,150
State Funds Budgeted.................$ -0-
Authorities Functional Budgets
Total Funds State Funds
Lake Lanier Islands
Development
Authority
Jekyll Island State
Park Authority
Georgia Agricultural
Exposition Authority
Stone Mountain
Memorial Association
$ 3,640,800 $
$ 6,277,350 $
250,000 $
$
$
450,000 $
-0-
-0-
-0-
-0-
Total
$ 10,618,150 $
-0-
Section 34. Board of Postsecondary
Vocational Education.
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............$
88,084,961
7,913,492
1,298,545
94,700
29,000
43,720
1398 GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases.....................$ 289,100
Computer Charges..........;..............$ 259,400
Real Estate Rentals.....................$ 222,450
Telecommunications.............. .....$ 89,150
Per Diem, Fees and Contracts............$ 947,000
Utilities......................... ....$ 928,900
Area School Construction................$ 1,690,000
Area-School Program.................. '.$ 72,817,983
Junior College Program..................$ 2,673,163
Teachers Health Insurance..............$ 1,852,850
Quick Start.............................$ 2,800,000
Teachers Retirement....................$ 6,507,120
Capital Outlay..........................$ -0-
Utilization Adjustment..................$____(66,273)
Total Funds Budgeted.?..................$ 100,390,300
State Funds Budgeted....................$ 88,084,961
Board of Post Secondary Functional Budgets
State Operations
North Georgia
Vocational-
Technical School
South Georgia
Vocational-
Technical School
Utilization Adjustment
Total
Total Funds State Funds
$ 91,907,784 $ 81,389,235
$ 4,761,187 $ 3,700,287
$ 3,787,602 $ 3,061,712
$ (66,273) $ (66,273)
$ 100,390,300 $ 88,084,961
Section 35. Department of Public Safety.
A. Budget Unit: Department of Public
Safety........................... $ 61,978,281
Operations Budget:
Personal Services......................$ 46,750,591
Regular Operating Expenses.............$ 6,105,800
Travel.................................$ 128,000
Motor Vehicle Equipment
Purchases............................ $
3,676,214
GEORGIA LAWS 1986 SESSION
1399
Publications and Printing............$
Equipment Purchases..................$
Computer Charges.....................$
Real Estate Rentals..................$
Telecommunications................. $
Per Diem, Fees and Contracts.........$
Postage..............................$
Conviction Reports................. $
State Patrol Posts
Repairs and Maintenance............$
Driver License Processing............$
Utilization Adjustment...............$
Total Funds Budgeted.................$
Indirect DO AS Service Funding.......$
State Funds Budgeted.................$
Public Safety Functional Budgets
Administration
Driver Services
Field Operations
Utilization Adjustment
Total Funds
$ 7,039,567 $
$ 14,427,756 $
$ 42,822,589 $
$ (615,731) $
Total $ 63,674,181 $
B. Budget Unit: Units Attached
for Administrative
Purposes Only.................. $
Attached Units Budget:
Personal Services....................$
Regular Operating Expenses.....
Travel...............................$
Motor Vehicle Equipment
Purchases.........................$
Publications and Printing............$
Equipment Purchases..................$
Computer Charges.....................$
Real Estate Rentals...............'..$
680,000
596,095
3,116,512
13,000
774,200
182,000
1,022,500
215.000
180.000
850,000
(615,731)
63,674,181
1,650,000
61,978,281
State Funds
7,039,567
12,881,856
42,672,589
(615,731)
61,978,281
10,103,325
4,756,405
1,923,131
148,400
127,500
54,500
127,386
246,800
87,000
1400
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications.....................$ 216,446
Per Diem, Fees and Contracts...........$ 1,022,730
Postage................................$ 37,500
Peace Officers Training Grants.........$ 2,295,000
Highway Safety Grants..................$ 3,500,000
Utilization Adjustment............... $_____(77,818)
Total Funds Budgeted...................$ 14,464,980
State Funds Budgeted...................$ 10,103,325
Attached Units Functional Budgets
Total Funds State Funds
Office of Highway Safety $ 3,930,909 $
220,454
Georgia Peace Officers
Standards and
Training
Police Academy
Fire Academy
Georgia Firefighters
Standards and
Training Council
Organized Crime
Prevention Council
Georgia Public Safety
Training Facility
Utilization Adjustment
Total
$ 3,756,349 $ 3,740,149
$ 1,268,375 $ 1,223,375
$
$
919,849 $
404,362 $
300,264 $
832,849
404,362
300,264
$ 3,962,690 $ 3,459,690
$ (77,818) $ (77,818)
$ 14,464,980 $ 10,103,325
Section 36. Public School Employees
Retirement System.
Budget Unit: Public School Employees
Retirement System..............$ 12,644,084
GEORGIA LAWS 1986 SESSION
1401
Departmental Operations Budget:
Payments to Employees
Retirement System...................$ 194,084
Employer Contributions................$ 12,450,000
Total Funds Budgeted..................$ 12,644,084
State Funds Budgeted..................$ 12,644,084
Section 37. Public Service Commission.
Budget Unit: Public Service
Commission........................$ 6,162,801
Departmental Operations Budget:
Personal Services.....................$ 4,778,771
Regular Operating Expenses............$ 237,641
Travel................................$ 137,000
Motor Vehicle Equipment Purchases.......$ 86,000
Publications and Printing.............$ 24,000
Equipment Purchases...................$ 38,450
Computer Charges......................$ 167,157
Real Estate Rentals...................$ 249,000
Telecommunications.................. $ 112,000
Per Diem, Fees and Contracts..........$ 855,000
Utilization Adjustment................$_____(59,160)
Total Funds Budgeted......H...........$ 6,625,859
State Funds Budgeted..................$ 6,162,801
Public Service Commission Functional Budgets
Total Funds State Funds
Administration $ 1,154,543 $ 1,154,543
Transportation $ 2,186,823 $ 1,818,215
Utilities $ 3,343,653 $ 3,249,203
Utilization Adjustment $_____(59,160) $_____(59,160)
Total $ 6,625,859 $ 6,162,801
Section 38. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction.......$ 601,562,013
1402
GENERAL ACTS AND RESOLUTIONS, VOL. I
Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..........$ 627,214,960
Sponsored Operations.................$ 72,000,000
Operating Expenses:
Educ., Gen., and Dept. Svcs..........$ 162,157,208
Sponsored Operations................ $ 80,000,000
Office of Minority
Business Enterprise...,..............$ 303,513
Special Desegregation Programs.........$ 338,052
Authority Lease Rentals................$ 15,589,169
Research Consortium................. $ 5,100,000
Eminent Scholars Program...............$______500,000
Total Funds Budgeted...................$ 963,202,902
Departmental Income....................$ 23,000,000
Sponsored Income...................... $ 152,000,000
Other Funds.......................... $ 183,613,589
Indirect DO AS Services Funding........$ 3,027,300
State Funds Budgeted...................$ 601,562,013
B. Budget Unit: Regents Central Office
and Other Organized
Activities................ .$ 123,093,340
Regents Central Office and Other
Organized Activities Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..........$ 162,784,899
Sponsored Operations.................$ 49,528,203
Operating Expenses:
Educ., Gen., and Dept. Svcs..........$ 68,831,395
Sponsored Operations.................$ 22,314,962
Fire Ant and Environmental
Toxicology Research..................$ 257,561
Agricultural Research..................$ 1,571,440
Advanced Technology
Development Center...................$ 1,017,243
Capitation Contracts for
Family Practice Residency......!....$ 2,580,000
Residency Capitation Grants............$ 2,381,730
Student Preceptorships.................$ 158,000
Center for Rehabilitation
Technology......................... $ 556,625
GEORGIA LAWS 1986 SESSION 1403
SREB Payments..........................$ 6,481,600
Medical Scholarships...................$ 611,750
Regents Opportunity Grants.............$ 600,000
Regents Scholarships...................$ 200,000
Equipment - Agricultural
Experiment Stations..................$ 200,000
Rental Payments to Georgia
Military College.....................$_____608,124
Total Funds Budgeted................. $ 320,683,532
Departmental Income....................$ 1,932,626
Sponsored Income.......................$ 71,843,165
Other Funds........................... $ 123,258,701
Indirect DO AS Services Funding........$ 555,700
State Funds Budgeted...................$ 123,093,340
Regents Central Office and Other Organized Activities
Functional Budgets
Total Funds State Funds
Marine Resources
Extension Center
Skidaway Institute
of Oceanography
Marine Institute
$ 1,524,638 $ 1,000,788
$ 3,024,223 $ 1,306,423
$ 1,517,798 $
769,450
Georgia Tech
Research Institute
$ 82,081,924 $ 9,934,160
Engineering
Extension Division
$ 3,611,087 $ 1,808,387
Agricultural
Experiment Station
Cooperative Extension
Service
$ 45,027,672 $ 29,077,027
$ 43,520,465 $ 28,326,098
Eugene Talmadge
Memorial Hospital
$ 113,568,545 $ 29,150,861
1404
GENERAL ACTS AND RESOLUTIONS, VOL. I
Veterinary Medicine
Experiment Station
Veterinary Medicine
Teaching Hospital
Family Practice
Residency Program
Georgia Radiation
Therapy Center
Athens and Tifton
Veterinary
Laboratories
$ 2,638,501
$ 2,136,034
$ 5,447,570
$ 1,417,911
$ 2,000,535
$ 2,638,501
$ 414,446
$ 5,447,570
$ -0-
$ 53,000
Regents Central Office
$ 13,166,629 $
13,166,629
Undistributed
$
-0- $__________________41-
Total $ 320,683,532 $ 123,093,340
C. Budget Unit: Georgia Public
Telecommunications
Commission.........................$ 5,866,318
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.........$ 4,550,890
Operating Expenses:
Educ., Gen., and Dept. Svcs.........$ 4,955,354
Total Funds Budgeted..................$ 9,506,244
State Funds Budgeted..................$ 5,866,318
Section 39. Department of Revenue.
Budget Unit: Department of Revenue......$ 55,569,000
Operations Budget:
Personal Services...-................$ 36,510,238
Regular Operating Expenses............$ 1,131,865
Travel.............................. $ 1,374,915
GEORGIA LAWS 1986 SESSION
1405
Motor Vehicle Equipment
Purchases.............................$ 97,245
Publications and Printing...............$ 2,070,145
Equipment Purchases.....................$ 371,585
Computer Charges........................$ 7,165,851
Real Estate Rentals.....................$ 2,008,340
Telecommunications.....................$ 579,775
Per Diem, Fees and Contracts............$ 205,595
County Tax Officials/Retirement
and FICA..............................$ 1,593,000
Grants to Counties/Appraisal
Staff............................... $ 1,554,610
Motor Vehicle Tag Purchases.............$ 2,584,750
Motor Vehicle Decal Purchases...........$ 441,875
Postage.................................$ 2,219,340
Utilization Adjustment..................$ (495,129)
Total Funds Budgeted................... $ 59,414,000
Indirect DO AS Services Funding.........$ 3,845,000
State Funds Budgeted....................$ 55,569,000
Department of Revenue Functional Budgets
Total Funds
State Funds
Departmental
Administration $
Internal Administration $
Electronic Data
Processing $
Field Services $
Income Tax $
Motor Vehicle $
Central Audit $
Property Tax $
Sales Tax $
4,812,267 $
6,305,083 $
3,717,910 $
12,039,600 $
6,697,287 $
13,523,514 $
4,917,577 $
3,930,553 $
3,965,338 $
4,812,267
6,205,083
3,717,910
11,949,600
5,297,287
11,468,514
4,917,577
3,930,553
3,765,338
1406
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilization Adjustment
(495,129) $
(495,129)
Total
$ 59,414,000 $ 55,569,000
Section 40. Secretary of State.
A. Budget Unit: Secretary of State.......$ 18,040,382
Personal Services.....................$ 11,662,576
Regular Operating Expenses............$ 1,507,717
Travel............................ $ 226,406
Motor Vehicle Equipment
Purchases..................... ..$ 146,677
Publications and Printing.............$ 392,075
Equipment Purchases.................. $ 180,730
Computer Charges......................$ 569,700
Real Estate Rentals...................$ 1,818,289
Telecommunications....................$ 297,517
Per Diem, Fees and Contracts..........$ 502,518
Election Expenses.....................$ 575,000
Postage...............................$ 325,257
Utilization Adjustment................$ (164,080)
Total Funds Budgeted..................$ 18,040,382
State Funds Budgeted..................$ 18,040,382
Secretary of State Functional Budgets
Total Funds State Funds
Internal Administration $
Archives and Records $
Corporations Regulation $
Elections and
Campaign Disclosure $
Securities Regulation $
Drugs and Narcotics $
State Campaign and
Financial Disclosure $
2,633,164 $
4,208,310 $
1,647,861 $
1,328,766 $
1,317,834 $
754,925 $
146,468 $
2,633,164
4,208,310
1,647,861
1,328,766
1,317,834
754,925
146,468
GEORGIA LAWS 1986 SESSION
1407
Occupational
Certification $ 6,167,134 $ 6,167,134
Utilization Adjustment $______(164,080) $______(164,080)
Total $ 18,040,382 $ 18,040,382
Occupational Certification Functional Budgets
Accounting $
Architect $
Athletic Trainers $
Auctioneers $
Barbers $
Chiropractic $
Construction Industry $
Cosmetology $
Dentistry $
Dieticians $
Engineers $
Forestry $
Funeral Service $
Geology $
Hearing Aid $
Board Cost of
Costs Operations
197,605 $ 349,303
55.960 $ 122,571
736 $ 3,066
6,022 $ 31,799
9,120 $ 134,965
13,040 $ 76,790
65.960 $ 397,133
33,660 $ 653,366
53,955 $ 268,581
12,945 $ 22,270
54,440 $ 287,217
3,451 $ 27,041
18,770 $ 182,374
3,157 $ 16,584
4,297 $ 13,022
1408
GENERAL ACTS AND RESOLUTIONS, VOL. I
Landscape Architect $ 12,129 $
Librarians $ 2,399 $
Marriage and Family
Therapists $ 30,460 $
Medical Examiners $ 141,670 $
Nursing Home
Administrators $ 11,025 $
Board of Nursing $ 62,180 $
Dispensing Opticians $ 5,387 $
Optometry $ 13,610 $
Occupational Therapy $ 8,920 $
Pharmacy $ 75,363 $
Physical Therapy $ 16,350 $
Podiatry $ 4,105 $
Polygraph Examiners $ 6,319 $
Practical Nursing $ 48,420 $
Private Detective $ 11,720 $
Psychologists $ 13,191 $
Recreation $ 5,270 $
Sanitarian $ 3,795 $
Speech Pathology $ 5,375 $
Used Car Dealers $ 13,510 $
22,437
16,366
85,482
1,060,965
52,470
748,600
39,668
32,981
16,332
426,254
45,510
13,407
23,625
425,737
274,618
56,724
22,342
17,739
20,648
131,681
GEORGIA LAWS 1986 SESSION 1409
Used Car Parts $ 8,305 $ 30,652
Veterinary $ 39,615 $ 97,115
Wastewater $_________6,160 $_____101,427
Total $ 1,078,396 $ 6,348,862
B. Budget Unit: Real Estate Commission $ 1,184,477
Real Estate Commission Budget:
Personal Services................... $ 738,427
Regular Operating Expenses............$ 115,000
Travel.......................... $ 13,000
Motor Vehicle Equipment Purchases.....$ 16,000
Publications and Printing.............$ 26,000
Equipment Purchases...................$ 8,000
Computer Charges......................$ 128,500
Real Estate Rentals...................$ 44,000
Telecommunications..!.................$ 17,000
Per Diem, Fees and Contracts..........$ 90,000
Utilization Adjustment................$____(11,450)
Total Funds Budgeted..................$ 1,184,477
State Funds Budgeted..................$ 1,184,477
Real Estate Commission Functional Budget
State Cost of
Funds Operations
Real Estate Commission $ 1,184,477 $ 1,224,977
Section 41. Georgia Student Finance
Commission.
Budget Unit: Georgia Student
Finance Commission................$ 17,646,000
Administration Budget:
Personal Services.....................$ 2,972,865
Regular Operating Expenses............$ 197,000
Travel................................$ 52,000
Motor Vehicle
Equipment Purchases............... $ -0-
Publications and Printing........... $ 78,000
1410
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases....................$ 24,000
Computer Charges.......................$ 249,000
Telecommunications.....................$ 88,000
Per Diem, Fees and Contracts...........$ 17,000
Payment of Interest and Fees...........$ 381,000
Guaranteed Educational Loans...........$ 3,325,000
Tuition Equalization Grants............$ 11,130,500
Student Incentive Grants............. $ 4,790,500
Law Enforcement Personnel
Dependents Grants.................. $ 34,000
North Georgia College
ROTC Grants.....................128,000
Osteopathic Medical Loans..............$ 240,000
Georgia Military Scholarship
Grants...........................:. .:...$ 166,000
Academic Scholarships..........!.......$ -0-
Utilization Adjustment.:..............L.$_________-0-
Total Funds Budgeted................. $ 23,872,865
State Funds Budgeted................. $ 17,646,000
Georgia Student Finance Commission Functional Budgets
Internal Administration
Higher Education
Assistance Corporation
Georgia Student
Finance Authority
Utilization Adjustment
Total
Total Funds
$ 3,677,865
$ 381,000
$ 19,814,000
$____________:0-
$ 23,872,865
State Funds
$ -0-
$ 361,000
$ 17,285,000
$____________|
$ 17,646,000
Section 42. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee..........$ 975,523
Soil and Water Conservation
Central Office Budget:
Personal Services...................$ 666,833
GEORGIA LAWS 1986 SESSION
1411
Regular Operating Expenses............$
Travel............................. $
Motor Vehicle Equipment Pur chases.......$
Publications and Printing.............$
Equipment Purchases...................$
Computer Charges......................$
Real Estate Rentals...................$
Telecommunications....................$
Per Diem, Fees and Contracts..........$
Utilization Adjustment................$
Total Funds Budgeted..................$
State Funds Budgeted..................$
Section 43. 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..................$
Post Retirement
Benefit Increases...................$
Total Funds Budgeted................ $
State Funds Budgeted..................$
Section 44. Department of
Transportation.
Budget Unit: Department of
Transportation..................$
58.000
50.000
-0-
22.000
4.000
2.000
33,000
18,120
131,000
(9,430)
975,523
975,523
11,986,606
2,196,706
72.000
25.000
-0-
54.000
7,000
730.000
186.000
57.000
279,000
88.000
1.950.000
1.180.000
8,856,606
15,681,312
11,986,606
453,198,345
1412 GENERAL ACTS AND RESOLUTIONS, VOL. I
For Public Roads and Bridges, for Grants to
Counties for Road Construction and
Maintenance, and for other
transportation activities.
Departmental Operations Budget:
Personal Services......................$ 172,979,275
Regular Operating Expenses.............$ 47,913,019
Travel.................................$ 1,461,200
Motor Vehicle Equipment
Purchases............................$ 1,001,500
Publications and Printing..............$ 855,800
Equipment Purchases....................$ 2,969,120
Computer Charges.......................$ 2,458,041
Real Estate Rentals....................$ 1,082,103
Telecommunications.....................$ 1,774,400
Per Diem, Fees and Contracts...........$ 13,212,700
Capital Outlay.........................$ 566,299,144
Grants to Counties.....................$ 9,317,013
Grants to Municipalities...............$ 9,317,000
Capital Outlay -
Airport Development..................$ 1,270,000
Capital Outlay -
Airport Approach Aid
and Operational Improvement..........$ 1,323,000
Mass Transit Grants....................$ 7,426,563
Savannah Harbor Maintenance
Payments.............................$ 630,000
Spoilage Area Acquisition,
Clearing, Preparation and
Dike Reconstruction..................$ 5,570,000
Utilization Adjustment.................$____(20,377)
Total Funds Budgeted...................$ 846,839,501
State Funds Budgeted...................$ 453,198,345
Department of Transportation Functional Budgets
Total Funds State Funds
Motor Fuel Tax Budget
Planning and
Construction $ 588,637,462 $ 217,080,829
GEORGIA LAWS 1986 SESSION
1413
Maintenance and
Betterments
Facilities and Equipment
Assistance to Counties
Administration
Undistributed
Total
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
Harbor Maintenance
Facilities
Utilization Adj ustment
Savannah Harbor
Widening Project
Total
$ 196,937,510 $
$ 4,663,200 $
$ 9,317,013 $
$ 16,937,129 $
$____________-0- $
$
189,265,029
4,000,000
9,317,013
16,337,129
-0-
$ 816,492,314 $ 436,000,000
$ 9,317,000 $ 9,317,000
-0- $
-0- $
-0-
-0-
$ 1,815,094 $ 1,335,094
$ 11,835,470 $ 4,736,628
$ 6,200,000 $ 630,000
$ (20,377) $ (20,377)
$ 1,200,000 $ 1,200,000
$ 30,347,187 $ 17,198,345
Section 45. Department of Veterans
Service.
Budget Unit: Department of Veterans
Service.........................
$ 15,909,883
1414
GENERAL ACTS AND RESOLUTIONS, VOL. I
Departmental Operations Budget:
Personal Services......................$ 3,988,905
Regular Operating Expenses.............$ 45,000
Travel.................................$ 82,000
Motor Vehicle Equipment
Purchases............................$ -0-
Publications and Printing..............$ 22,000
Equipment Purchases....................$ 97,000
Computer Charges.......................$ -0-
Real Estate Rentals....................$ 198,000
Telecommunications.....................$ 58,000
Per Diem, Fees and Contracts...........$ 12,000
Capital Outlay.........................$ -0-
Postage................................$ 33,000
Operating Expense/Payments to
Central State Hospital...............$ 9,340,413
Operating Expense/Payments to
Medical College of Georgia...........$ 5,049,258
Regular Operating Expenses
for Projects and Insurance...........$ 184,000
Utilization Adjustment.................$____(43,850)
Total Funds Budgeted...................$ 19,065,726
State Funds Budgeted...................$ 15,909,883
Veterans Service Functional Budgets
Veterans Assistance
Total Funds State Funds
$ 4,452,905 $ 4,230,062
Veterans Home and
Nursing Facility -
Milledgeville
$ 9,536,413 $ 7,719,413
Veterans Nursing
Home - Augusta
Utilization Adjustment
$ 5,120,258 $ 4,004,258
(43,850) $
(43,850)
Total
$ 19,065,726 $ 15,909,883
GEORGIA LAWS 1986 SESSION
1415
Section 46. Workers Compensation
Board.
Budget Unit: Workers Compensation
Board........................... $ 5,950,447
Operations Budget:
Personal Services.....................$ 4,749,627
Regular Operating Expenses............$ 110,000
Travel.............................. $ 58,000
Motor Vehicle Equipment Purchases....$ -0-
Publications and Printing.............$ 78,000
Equipment Purchases...................$ 30,000
Computer Charges..................... $ 200,000
Real Estate Rentals...-...............$ 528,000
Telecommunications....................$ 87,000
Per Diem, Fees and Contracts..........$ 123,000
Postage...............................$ 80,000
Utilization Adjustment.............. $____(58,180)
Total Funds Budgeted..................$ 5,985,447
State Funds Budgeted..................$ 5,950,447
Workers Compensation Board Functional Budgets
Total Funds State Funds
Administration $ 5,457,173 $ 5,422,173
Vocational
Rehabilitation $ 586,454 $ 586,454
Utilization Adjustment $______(58,180) $____(58,180)
Total $ 5,985,447 $ 5,950,447
Section 47. State of Georgia General
Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (Issued)...............$ 234,414,490
B. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (New) .................$ 21,916,363
1416
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 48. 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 contribu-
tions 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 Geor-
gias pro rata share for the operation of the National Center
for State Courts.
Section 49. 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 contri-
butions of judges and employees of the Court.
Section 50. 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 sala-
ries 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 operat-
ing 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, how-
ever, of the funds appropriated in Section 5, $20,000 is desig-
nated and committed to permit Judges with fewer than five
years of experience to attend the Judicial College.
Section 51. 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.
GEORGIA LAWS 1986 SESSION
1417
Section 52. 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 53. 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 54. Provisions Relative to Section 13, Depart-
ment 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 pro-
vide 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:
General Services ....................... $ 587,773
Data Processing Services................ $ 34,615,577
Motor Vehicle Services....................$ 2,484,106
Communication Services....................$ 27,707,069
Printing Services.........................$ 5,456,252
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.
Provided that the Georgia Building Authority is authorized
to use $270,000 of Judicial Building renovation funds for Capital
Outlay and equipment purchases.
1418
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 55. Provisions Relative to Section 14, Depart-
ment of Agriculture. From the appropriation in Section 14
(Department of Agriculture) relative to Regular Operating Ex-
penses, $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 autho-
rized to charge testing fees for export swine and cattle only,
which fees shall be reasonable.
No expenditure from the appropriation in Section 14 relating
to Renovation, Construction, Repairs and Maintenance Projects
at Major and Minor Markets shall be made without prior ap-
proval of the Georgia Building Authority (Markets).
Section 56. Provisions Relative to Section 19, State
Board of Education - Department of Education. From the
appropriation in Section 19 (State Board of Education - Depart-
ment 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 Hear-
ing School; $30,000 is designated and committed for the Houston
County Board of Education for payment to the Houston County
Happy Hour School.
None of the State funds appropriated in Section 19 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.
GEORGIA LAWS 1986 SESSION
1419
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, that of the above appropriation relative to pupil
transportation, funds for mid-day transportation shall be allot-
ted to local school systems which do not elect to implement
the state funded full day kindergarten program. The initial allot-
ment 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.
Provided, that of the above appropriations relative to Re-
gional Educational Service Agencies (RESAs), Funds will be allo-
cated to each RES A for FY86-87 on the basis of one-eighteenth
of the total appropriation for each Area Planning and Develop-
ment area served; provided, however, that each RESA has imple-
mented the State Board of Educations policy concerning the
composition of the Board of Control of each RESA and that
each RESA has the commitments of each anticipated member
system to contribute at least the same equivalent amount during
FY86-87 that it contributed during FY85-86.
Provided, that for the above appropriations relative to equal-
ization grants authorized under Code Section 20-2-165, the
grants to each system which serves under contract all of the
students in one or more grade levels from an adjoining school
system shall be the larger of the following two amounts:
a. The equalization grant calculated as prescribed in
Code Section 20-2-165 and reduced by the amount of funds
transferred under contract between adjoining school sys-
tems, as prescribed by Code Section 20-2-163; or
b. The equalization grant calculated as prescribed in
Code Section 20-2-165 except that all FTE student counts
used in such calculations are reduced by the number of FTE
student counts enrolled in the receiving system under the
1420 GENERAL ACTS AND RESOLUTIONS, VOL. I
contract with the adjoining system and the resulting amount
shall not be reduced pursuant to Code Section 20-2-163.
The formula calculation for Quality Basic Education funding
assumes a base unit cost of $1,155.03. In addition, all local school
system allotments for Quality Basic Education shall be made
in accordance with funds appropriated by this Act.
100 percent of the funds earned for special education either
under the QBE formula or the hold harmless provision shall
be used exclusively for special education programs. If any system
receives more funds for special education programs under QBE
than they would under APEG calculation of FY 87, those sys-
tems would not receive any of the 90 percent hold harmless
funds. Subject to approval by the General Assembly, mid-term
adjustments in special education shall be made on the basis
of data deemed appropriate by the State Board of Education
and verified by the Department of Education.
Provided, that of the above appropriation relative to the
QBE Staff Development, no funds may be used for the compen-
sation of individuals receiving such staff development.
Section 57. Provisions Relative to Section 20, Employ-
ees Retirement System. The Employees Retirement System
is authorized to increase the employer contribution rate by six-
teen one-hundredths of one percent of salaries to fund one and
one-half per cent cost of living increases on July 1, 1986, and
January 1, 1987.
Section 58. Provisions Relative to Section 21, Forestry
Commission. From the Appropriation in Section 21 (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 Gen-
eral Fund for road maintenance.
Section 59. Provisions Relative to Section 24, Office
of the Governor. There is hereby appropriated a General Emer-
gency 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
GEORGIA LAWS 1986 SESSION
1421
be made in accordance with other provisions of State law and
the Constitution.
Not less than 95% of the appropriation in Section 24 (Office
of the Governor) relative to Art GrantsState Funds is desig-
nated and committed for grants to counties, cities, and non-
profit organizations in the State of Georgia.
Section 60. Provisions Relative to Section 26, Depart-
ment of Human Resources. From the appropriation in Sec-
tion 26 (Department of Human Resources), $150,000 is desig-
nated and committed to operate a hemophilia program in the
metropolitan Atlanta area and to operate a hemophilia program
in Augusta; further, $300,000 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 calcu-
late all Aid to Families with Dependent Children benefit pay-
ments utilizing a factor of 70% 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 maxi-
mum 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
$ 141
214
256
302
346
375
406
431
454
486
519
1422 GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided that of the above appropriations relating to Re-
gional Grants for Intensive Infant Care, the distribution of funds
to the tertiary hospitals shall be on the basis of need and perfor-
mance 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 frofti 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 26 (Department of Human
Resources), $146,000 is designated and committed to operate
the RCW Industries, Inc.
From the appropriation in Section 26, 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 Author-
ity 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 26 (Department of Human
Resources) relating to the Public HealthFamily Health Activ-
ity, $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 main-
tenance program.
GEORGIA LAWS 1986 SESSION
1423
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 im-
prove 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 appro-
priation; provided, however, that such programs not be ex-
panded to levels which such increased Federal funding would
not be sufficient to sustain in subsequent years.
From the appropriation in Section 26 (Department of Human
Resources), not less than $186,000 is committed for funding of
the Community Cardiovascular Council Stroke-Screening Pro-
gram.
From the appropriation in Section 26 (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 adoles-
cents who qualify for Intermediate Level Institutional Foster
Care.
From the appropriation in Section 26 (Department of Human
Resources), $42,406 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 exist-
ing 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.
1424
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 treat-
ment services plan.
From the appropriation in Section 26 (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 activi-
ties, 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 contri-
bution of said governments to the program.
From the appropriation in Section 26 (Department of Human
Resources) relating to Community Mental Retardation Residen-
tial Services, the Department is authorized to make monthly
payments to service providers of no more than $455, 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 con-
tract 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 communi-
ties.
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.
From the appropriation in Section 26 (Department of Human
Resources) relating to the Georgia Mental Health Institute,
GEORGIA LAWS 1986 SESSION
1425
$20,000 is designated and committed for the purpose of a short-
term training program in alcoholism and drug abuse.
From the appropriation in Section 26 (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 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, the Georgia State Financing and Invest-
ment Commission is authorized and directed to utilize up to
$462,000 in existing reserves to renovate Building 809 at North-
west Regional Hospital for a 20-bed long-term treatment unit
for acute emotionally disturbed adolescents, and for reroofing
projects.
Provided, however, the Georgia Building Authority (Hospi-
tal) is authorized and directed to utilize up to $94,000 in existing
reserves for reroofing projects at Southwestern and Atlanta Re-
gional Hospitals.
Provided, that any funds appropriated for Mental Health
and Mental Retardation services by the Georgia General Assem-
bly shall not be diverted through or managed by any sub-state
organizational structure (not including a County Board of
Health) but shall be allocated by the Department of Human
Resources via direct grant-in-aid to the designated local Board
of Health or by a contract with a private board.
Section 61. Provisions Relative to Section 27, Depart-
ment of Industry and Trade. From the appropriation in Sec-
tion 27 (Department of Industry and Trade) relative to advertis-
ing, $12,000 is designated and committed for brochures
promoting Georgias 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.
1426
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 62. Provisions Relative to Section 29, Depart-
ment 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.
Section 63. Provisions Relative to Section 31, Depart-
ment of Medical Assistance. Any reserve created by the
State Auditor for the payment of Medicaid Benefits can be ex-
pended and otherwise treated for accounting purposes for Pay-
ments to Counties for Mental Health.
Provided, that of the appropriation in Section 31, no funds
for the payment of Medicaid Benefits may be expended for the
purpose of reimbursing return-on-equity for hospitals.
Section 64. Provisions Relative to Section 32, Merit
System of Personnel Administration. The Department is
authorized to assess no more than $124.79 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
1987 shall not exceed five and seventy-five one hundredths per-
cent (5.75%).
Section 65. Provisions Relative to Section 33, Depart-
ment of Natural Resources. No land shall be purchased for
State park purposes from funds appropriated in Section 33 (De-
partment of Natural Resources) or from any other funds without
the approval of the State Properties Commission, except for
land specifically provided for in Section 33.
From the appropriation in Section 33 (Department of Natu-
ral Resources) relative to Environmental Facilities Grants,
$1,000,000 shall be available for allotment to counties and mu-
nicipalities 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
GEORGIA LAWS 1986 SESSION
1427
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.
To the extent that State Parks and Historic Sites receipts
are realized in excess of the amount of such funds contemplated
in Section 33, the Department of Natural Resources is author-
ized and directed to use the excess receipts to provide for the
most immediate critical needs of the Parks, Recreation and His-
toric 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 Engi-
neers (Tybee Beach Restoration) shall be expended prior to re-
ceipt of Federal matching funds.
Section 66. Provisions Relative to Section 17, Depart-
ment of Corrections. 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 17 (Department of Correc-
tions) 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.
The Department of Corrections is authorized and directed
to use agency funds to purchase and renovate the Labor Depart-
ment facility in Gainesville, Georgia.
Provided that the Department of Corrections is authorized
to use existing funds for projects and maximum amounts shown:
Georgia State Prison renovation - $13,400,000
1428
GENERAL ACTS AND RESOLUTIONS, VOL. I
Dodge Correctional Institution
dormitory - $3,200,000
Middle Georgia Correctional Institution
cooler and storage facility - $2,080,000
Section 67. Provisions Relative to Section 35, Depart-
ment of Public Safety. From the appropriation in Section
35 (Department of Public Safety) for Conviction Reports, pay-
ment 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 35, the Office of Plan-
ning and Budget is authorized and directed to supplant State
funds appropriated herein. Such supplantation shall not be im-
plemented 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
pursuit vehicles when such purchases are made by the State
of Georgia or otherwise placed a part of a State of Georgia con-
tract. 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 Admin-
istrative Services is hereby instructed to complete said specifica-
tions and place to bid for the letting of contracts by December
1 of such fiscal year.
The Department of Public Safety is authorized to contract
with the Department of Transportation for patrol duty at De-
partment of Transportation construction sites.
Section 68. Provisions Relative to Section 38, 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.
GEORGIA LAWS 1986 SESSION
1429
No funds realized by the State Board of Regents of the Uni-
versity 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, how-
ever, that student fee revenue derived from increased rates au-
thorized by the State Board of Regents shall not be subject to
this limitation. Revenue from sales and services shall be classi-
fied 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 incorpo-
rated into the Resident Instruction appropriation in Section 38
(Regents, University System of Georgia) shall be utilized to pro-
vide 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.
Provided, that from the appropriation for the Agricultural
Experiment Station, $250,000 is designated and committed for
a horticulture specialist in peaches, vegetables, and small fruits
and a horticulture specialist in disease control in pecans and
peanuts, both at the Tifton Experiment Station.
Provided, that from the appropriation for the Cooperative
Extension Service, $300,000 is designated and committed for a
vegetable specialist at Statesboro, a weed specialist in row crops
at Tifton, a weed specialist in horticulture at Tifton, a soil and
fertilizer specialist at Tifton, an animal science specialist at
Griffin, and a catfish specialist at Griffin.
Section 69. Provisions Relative to Section 39, Depart-
ment of Revenue. From the appropriation in Section 39 (De-
1430
GENERAL ACTS AND RESOLUTIONS, VOL. I
partment of Revenue) relating to motor vehicle tag purchases,
$2,584,750 is designated and committed for the sole purpose
of contracting for the production of motor vehicle tags and may
be used for partial, advance payment during tag production.
Section 70. Provisions Relative to Section 41. From
the appropriation in Section 41 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 edu-
cational 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 ex-
ceed $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 41 relative to Tuition Equaliza-
tion Grants provides for payment of grants of $825 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 71. Provisions Relative to Section 44, Depart-
ment 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 De-
partment of Administrative Services.
GEORGIA LAWS 1986 SESSION
1431
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 Adminis-
trative Services in the same proportion as each countys total
public road mileage bears to the total public road mileage in
the State, as such mileage information is furnished by the De-
partment 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 resurfac-
ing, four-laning and passing lanes may be used to match addi-
tional 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 appropri-
ation payable in lieu of the Motor Fuel Tax Funds appropriated
in Section 44 of this Bill.
Functions financed with General Fund appropriations shall
be accounted for separately and shall be in addition to appropria-
tions of Motor Fuel Tax revenues required under Article III,
Section IX, Paragraph VI, Subsection (b) of the State Constitu-
tion.
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-
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.
State funds for any airport development project shall not
exceed local funds for such project, except for airports owned
by the State of Georgia.

1432
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 72. Provisions Relative to Section 34, Board
of Postsecondary Education. None of the State funds appro-
priated in Section 34 may be used for the purpose of planning,
designing, constructing, or renovating area vocational-technical
schools unless said school agrees to be governed by the State
Board of Postsecondary Vocational Education.
Section 73. In addition to all other appropriations for the
State fiscal year ending June 30,1987, there is hereby appropri-
ated $3,228,000 for the purpose of providing funds for the opera-
tion of regional farmers markets in the Department of Agricul-
ture, and there is hereby appropriated $6,535,000 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 ($6,400,000 Bud-
get Unit "C) in the Department of Human Resources. 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 Adminis-
trative Services from agency fund collections.
Section 74. Appropriations to the object class "Authority
Lease Rentals shall be used entirely for payment to debt sink-
ing 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 75. Each State agency utilizing xerographic repro-
ducing equipment shall maintain a log for each unit of equip-
ment 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 States cost therefor.
Section 76. 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
GEORGIA LAWS 1986 SESSION
1433
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 man-
ner.
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 77. 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 neces-
sary 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 operat-
ing 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 78. Each agency for which an appropriation is au-
thorized herein shall maintain financial records in such a fash-
ion as to enable the State Auditor to readily determine by Object
Class the expenditures of each activity and function contained
in this Appropriations Act.
1434
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 79. 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 gaso-
line tax refund and any other refunds specifically authorized
by law.
Section 80. No State appropriations authorized under this
Act shall be used to continue programs currently funded entirely
with Federal funds.
ition81.
paid to or on-
-affiliates, nor shall
No State funds in this appropriation oha
halfLflfGcorgia-Indigcnt LcgoLSc*
made availabli
nor snail any
their use, including^ ___
StatewidoICelecPmmuniGationoNetwork oithor diroctl/e
Section 82. 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 acti-
vated at the time of the effective date of the aforesaid constitu-
tional 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 con-
tracts 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 consti-
tutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appro-
priated for lease rentals are to pay the general obligations of
the State incurred under valid lease contracts and such appro-
priations are to be paid from the general funds of the State
as a first charge upon General Funds.
GEORGIA LAWS 1986 SESSION
1435
Section 83. All expenditures and appropriations made and
authorized under this Act shall be according to the programs
and activities as specified in the Governors recommendations
contained in the Budget Reports submitted to the General As-
sembly for this State fiscal year, 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, pro-
grams and activities subject to the conditions that no funds
whatsoever shall be transferred for use in initiating or commenc-
ing any new program or activity not currently having an appro-
priation of State funds, nor which would require operating funds
or capital outlay funds beyond the fiscal year to which this
Appropriation Act applies; and provided, further, that no funds
whatsoever shall be so transferred between objects without the
prior approval of at least eleven members of the Fiscal Affairs
Subcommittees in a meeting called to consider said transfers.
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 Direc-
tor of the Budget. In those cases in which the aforesaid Budget
Report contains no recommendations by the Governor of expen-
ditures 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 84. Wherever in this Act the term "Budget Unit
Object Classes is used, it shall mean that the object classifica-
tion following such term shall apply to the total expenditures
with the Budget Unit, and shall supersede the object classifica-
tion shown in the Governors Budget Report.
For budget units within the Legislative Branch, all transfers
shall require prior approval of at least eight members of the
1436
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 85. The utilization adjustments contained in the
agency budgets in this Act shall be applied only to the common
object classes, which shall be defined by the Office of Planning
and Budget and which shall include the following object classes:
Personal Services
Regular Operating Expenses
Travel
Motor Vehicle Equipment Purchases
Publication and Printing
Equipment Purchases
Computer Charges
Real Estate Rentals
Telecommunications
Per Diem, Fees and Contracts
Section 86.Thoro is horoby appropriated a spool
of FcdcraP'gfeuitfunda, said specific sum being
total of the Fodortr^-g^orit funds availabl^kr^oxcoBS i
amounts of sueh funds apppo^iated^kytho foregoing 1
of this Act, for the purpo9ejafi*e
funds,which Stato fqjadclsnall
naming appropriate
theroupoiTS
unusy-which otato tijjH&r shall tneroupofi^eaijmawsl
xponditure ujileggrroappropriatod by the Georgia^*
cmbly^Pfrlsprovision shall not apply to project! ~~
oomblg^J-^
ttefrtippropriatod in this Act?
apply to project!
Section 87. 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 deter-
mined by the Office of Planning and Budget, shall cease to be
an obligation of the State.
Section 88. Delayed Hiring Factor by Department.
Agency
Legislative Branch
Department of Audits
$
$
-0-
-0-
GEORGIA LAWS 1986 SESSION 1437
Supreme Court
Court of Appeals
Superior Courts
Juvenile Court
Institute of Continuing Judicial
Education
Judicial Council
Judicial Qualifications Commission
Council of Magistrate Court Judges
Council of Probate Court Judges
Council of State Court Judges
Department of Administrative
Services
Department of Agriculture
Department of Banking and Finance
Department of Community Affairs
Department of Corrections
Department of Defense
Department of Education
Employees Retirement System
Georgia Forestry Commission
Georgia Bureau of Investigation
Georgia State Financing and
Investment Commission
$ -0-
$ -0-
$ -0-
$ -0-
$
$
$
$
$
$
-0-
-0-
-0-
-0-
-0-
-0-
$
$
$
$
$
$
$
$
$
$
2,200
-0-
-0-
-0-
1,564,000
-0-
-0-
-0-
-0-
29,400
$ -0-
1438
GENERAL ACTS AND RESOLUTIONS, VOL. I
Office of the Governor $ -0-
Department of Human Resources "A $ 20,923
Department of Human Resources "B $ -0-
Department of Human Resources "C $ -0-
Department of Industry and Trade $ -0-
Department of Insurance $ -0-
Department of Labor $ -0-
Law Department $ -0-
Department of Medical Assistance $ -0-
Merit System $ -0-
Department of Natural Resources $ -0-
Board of Postsecondary Education $ -0-
Department of Public Safety $ 585,000
Public Service Commission $ 2,140
Board of Regents "C $ 18,415
Department of Revenue $ -0-
Secretary of State $ 2,410
State Student Finance Commission $ -0-
Soil and Water Conservation
Committee $ -0-
Teachers Retirement System $ -0-
Department of Transportation $ -0-
GEORGIA LAWS 1986 SESSION
1439
Department of Veterans Service $ -0-
Board of Workers Compensation $ -0-
Section 89. Cost-of-Living Increases. This General As-
sembly has distributed to and included in the agency appropria-
tions listed hereinbefore State Funds in the amount of $142,-
560,926 for the purposes described herein: 1.) An increase of
4% with a $500 minimum for full-time employees of the Execu-
tive, Judicial and Legislative branches of State government,
effective July 1,1986; 2.) For an increase from $16,000 to $16,800
for the T-4 entrance level, with first and second year teachers
to be paid as those with two years of experience and with re-
sumption of annual increments after completion of one year
experience and permanent certification, effective the following
month, effective September 1, 1986; 3.) For school bus drivers
and lunchroom workers a 4% increase to be effective July 1,
1986; 4.) For University System employees, a 4% salary increase
to be effective September 1,1986 for academic contracted person-
nel; 5.) A 4% salary increase, effective July 1, 1986, for non-
academic personnel, and fiscal year contracted personnel of the
University System and employees of the Athens and Tifton Vet-
erinary Laboratories, the Poultry Veterinary Diagnostic Labora-
tories, the Cooperative Extension Service and the Agricultural
Experiment Station; and 6.) An increase of 4% for State officials
whose salary is set by Act 755 (H.B. 262) of the 1978 Regular
Session of the Georgia General Assembly, as amended, as au-
thorized in said act, Code Section 45-7-4.
In addition, this General Assembly has distributed to and
included in the agency appropriations listed hereinbefore State
Funds in the amount of $4,036,171 for the purpose of upgrading
selected classifications as recommended by the State Merit Sys-
tem. All Merit System classes shall be increased by one pay
grade effective July 1, 1986, with the provision that all employ-
ees will be moved to a new pay grade without increase, except
where it is necessary to bring employees to the minimum step
of the new pay grade. The mileage reimbursement rate shall
be increased from $.20 to $.21 per mile effective July 1, 1986.
Section 90. Provisions Relative to Section 47, State of
Georgia General Obligation Debt Sinking Fund. Provided
that from the above appropriated amount for the State of Geor-
1440
GENERAL ACTS AND RESOLUTIONS, VOL. I
gia General Obligation Debt Sinking Fund, $11,000 is specifi-
cally appropriated for Georgia Environmental Facilities Author-
ity for the purpose of financing loans to local governments and
local governmental entities for water and sewerage systems,
through the issuance of not more than $100,000 in principal
amount of General Obligation Debt, this appropriation to take
effect when the constitutional amendment proposed by
H.R. No. 363 becomes law.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$7,512,500 is specifically appropriated for the purpose of financ-
ing the acquisition, construction, development, extension, en-
largement and improvement of land, waters, property, high-
ways, buildings, structures, equipment and facilities, both real
and personal, necessary or useful in connection therewith, of
and for the Board of Regents of the University System of Georgia
through the issuance of not more than $30,050,000 in principal
amount of General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$2,860,000 is specifically appropriated for the purpose of financ-
ing the replacement of the Talmadge Memorial Bridge of the
Department of Transportation near Savannah, Georgia, (by
means of demolition, acquisition, construction, development, ex-
tension, enlargement and improvement of land, waters, prop-
erty, highways, buildings, structures, equipment and facilities,
both real and personal, necessary or useful in connection there-
with), 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,
$1,648,900 is specifically appropriated for the purpose of financ-
ing the acquisition, construction, development, extension, en-
largement and improvement of land, waters, property, high-
ways, buildings, structures, equipment and facilities, both real
and personal, necessary or useful in connection therewith, of
and for the Department of Natural Resources, for the project
provided for in the "Georgia Agricultural Exposition Authority
Act and pursuant to O.C.G.A. Section 12-3-484, through the
GEORGIA LAWS 1986 SESSION
1441
issuance of not more than $14,990,000 in principal amount of
General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$2,832,500 is specifically appropriated for the purpose of financ-
ing the acquisition, construction, development, extension, en-
largement and improvement of land, waters, property, high-
ways, buildings, structures, equipment and facilities, both real
and personal, necessary or useful in connection therewith, of
and for the Department of Natural Resources for the "Lake
Lanier Islands project provided for at O.C.G.A. Section 12-3-
4, through the issuance of not more than $25,750,000 in principal
amount of General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$880,000 is specifically appropriated for the purpose of financing
the acquisition, construction, development, extension, enlarge-
ment 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, oper-
ated and maintained by the Board of Public Safety in Monroe
County, Georgia, through the issuance of not more than
$8,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$302,250 is specifically appropriated for the purpose of financing
the acquisition, construction, development, extension, enlarge-
ment and improvement of area postsecondary vocational techni-
cal schools including land, waters, property, highways, build-
ings, structures, equipment and facilities, both real and
personal, necessary or useful in connection therewith, to be allo-
cated as determined by the State Board of Education (after July
1, 1986, the State Board of Postsecondary Education), through
the issuance of not more than $1,210,000 in principal amount
of General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$165,000 is specifically appropriated for the purpose of financing
1442
GENERAL ACTS AND RESOLUTIONS, VOL. I
the acquisition, construction, development, extension, enlarge-
ment 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 Building Authority (Markets) at the Atlanta
Farmers Market through the issuance of not more than
$1,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$513,150 is specifically appropriated for the purpose of financing
a grade separation and grade crossing construction program
of the Department of Transportation by means of acquisition,
construction, development, extension, enlargement and im-
provement of land, waters, property, highways, buildings, struc-
tures, equipment and facilities, both real and personal, neces-
sary or useful in connection therewith, through the issuance
of not more than $4,665,000 in principal amount of General
Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$1,900,000 is specifically appropriated for the purpose of financ-
ing the purchase and installation of computer and related equip-
ment for the Georgia Bureau of Investigation for the Georgia
Crime Information Center (by means of acquisition, construc-
tion, development, extension, enlargement and improvement
of land, waters, property, highways, buildings, structures, equip-
ment and facilities, both real and personal, necessary or useful
in connection therewith, of and for the Bureau, through the
issuance of not more than $7,600,000 in principal amount of
General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$125,000 is specifically appropriated for the purpose of financing
a program of the Department of Transportation for maintaining
roads within and leading to state parks, by means of the acquisi-
tion, construction, development, extension, enlargement and im-
provement of land, waters, property, highways, buildings, struc-
tures, equipment and facilities, both real and personal,
necessary or useful in connection therewith, through the is-
suance of not more than $500,000 in principal amount of General
Obligation Debt.
GEORGIA LAWS 1986 SESSION
1443
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$187,500 is specifically appropriated for the purpose of financing
a program of the Department of Transportation for streets,
driveways and parking areas located upon the property of and
serving local schools by means of 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, through the issuance of not more than
$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,
$278,563 is specifically appropriated for the purpose of financing
the acquisition, construction, development, extension, enlarge-
ment and improvement of land, property, school buildings, struc-
tures, equipment and facilities, both real and personal, neces-
sary or useful in connection therewith, of and for the educational
television program of the State Board of Education, through
the issuance of not more than $1,115,000 in principal amount
of General Obligation Debt.
Provided that from the above appropriated amount for the
State of Georgia General Obligation Debt Sinking Fund,
$2,700,000 is specifically appropriated for the purpose of financ-
ing a program of major repairs and renovations, including the
acquisition, construction, development, extension, enlargement
and improvement of land, waters, property, highways, buildings,
structures, equipment and facilities, both real and personal, nec-
essary or useful in connection therewith, of and for the Board
of Regents of the University System of Georgia through the
issuance of not more than $10,800,000 in principal amount of
General Obligation Debt.
Section 91. Employee Termination Fund $ 1,050,547
For transfer to the agencies of the Executive Branch of State
Government by the Office of Planning and Budget for the pay-
ment of accrued annual leave and accrued compensatory time,
together with payroll taxes and other assessments thereon, and
for payments to the Employees Retirement System as employer
contributions associated with accrued sick and annual leave
1444
GENERAL ACTS AND RESOLUTIONS, VOL. I
for which employees are receiving retirement credit; provided
that no funds whatsoever shall be transferred to any activity
in the Motor Fuel Tax Budget of the Department of Transporta-
tion, nor to any budget unit of the University System or the
Board of Regents, except the Georgia Public Telecommunica-
tions Commission.
Section 92. Provisions Relative to Section 23, Georgia
State Financing and Investment Commission. It is the in-
tent of this General Assembly that the Georgia State Financing
and Investment Commission be authorized to use up to $400,000
in agency funds for the design of a textile and carpet exposition
in Dalton, Georgia.
Section 93. TOTAL STATE FUND
APPROPRIATIONS
State F.Y. 1987...,.....................$5,316,000,000
Section 94. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 95. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1445
AD VALOREM TAXATION HOMESTEAD EXEMPTION
FOR DISABLED VETERANS AND THEIR FAMILIES.
Code Section 48-5-48.3 Enacted.
No. 1629 (House Bill No. 509).
AN ACT
To amend Article 2 of Chapter 5 of Title 48 of the Official
Code of Georgia Annotated, relating to property tax exemptions
and deferral, so as to provide for the exemption from ad valorem
taxation of the homestead of certain disabled veterans and their
families; to provide for filing for the homestead exemption; to
provide for substantiation of continuing eligibility; 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 48 of the Official
Code of Georgia Annotated, relating to property tax exemptions
and deferral, is amended by adding a new Code Section 48-5-
48.3 immediately following Code Section 48-5-48.2 to read as
follows:
"48-5-48.3. (a) (1) Each disabled veteran as defined
in this Code section who is a citizen and resident of Geor-
gia is granted an exemption on his homestead of $32,-
500.00 or the maximum amount which may be granted
to a disabled veteran under Section 802 of Title 38 of
the United States Code as hereafter amended, which such
veteran owns and actually occupies as a residence and
homestead, such exemption being from all ad valorem
taxation for state, county, municipal, and school pur-
poses. The value of all property in excess of the exempted
amount cited above shall remain subject to taxation.
(2) The term 'disabled veteran as used in this Code
section means a disabled wartime veteran who was dis-
charged under honorable conditions and who has been
adjudicated by the Veterans Administration of the
1446
GENERAL ACTS AND RESOLUTIONS, VOL. I
United States as being totally and permanently disabled
and entitled to receive service connected benefits so long
as he is 100 percent disabled and receiving or entitled
to receive benefits for a 100 percent service connected
disability.
Ob) Each disabled veteran as defined in this Code section
shall file for the exemption only once in the county of resi-
dence. Once filed, the exemption shall automatically be re-
newed from year to year except as provided in subsection
(c) of this Code section.
(c) Not more often than once every three years, the
county board of tax assessors may require the holder of an
exemption granted pursuant to this Code section to substan-
tiate his continuing eligibility for the exemption. In no event
may the board require more than three doctors letters to
substantiate eligibility.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
NOTARIES PUBLIC REQUIREMENTS FOR NOTARIAL
ACTS AND CERTIFICATIONS; APPLICATIONS FOR
COMMISSIONS; SEALS; RECORDING OF DOCUMENTS;
ATTACHMENT AND GARNISHMENT; DISPOSSESSORY
WARRANTS AND AFFIDAVITS; DEEDS.
Code Title 45, Chapter 17 Amended.
Code Section 44-7-50 Amended.
No. 1630 (House Bill No. 1283).
AN ACT
To amend Article 1 of Chapter 17 of Title 45 of the Official
Code of Georgia Annotated, relating to notaries public in gen-
GEORGIA LAWS 1986 SESSION
1447
eral, so as to change the requirements for performance of notar-
ial acts and certifications; to specify the manner of endorsement
of an application for a notary commission; to correct clerical
errors; to define terms used in said article; to provide that failure
to include a seal on a notarial certificate on a document executed
prior to July 1,1986, shall not affect the eligibility for recording
of documents and shall not affect the status of such documents
as actual notice or record notice; to specify the powers and duties
of notaries; to provide for subscription of attachment and gar-
nishment and dispossessory affidavits; to provide that certain
requirements for the completion of notarial certifications shall
not apply to the attestation or witnessing of a deed or other
instrument pertaining to real property; to provide that past
or future failure to comply with certain requirements for the
completion of notarial certifications on documents executed
prior to July 1,1986, shall not affect the eligibility of a document
for recording and shall not affect the status of a document as
record notice or actual notice; to provide for all related matters;
to amend Article 3 of Chapter 7 of Title 44 of the Official Code
of Georgia Annotated, relating to dispossessory warrants, so
as to provide that an affidavit made in a dispossessory proceeding
may be made before a notary public subject to judicial approval;
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 17 of Title 45 of the Official
Code of Georgia Annotated, relating to notaries public in gen-
eral, is amended by striking Code Section 45-17-1, relating to
power to appoint notaries, and inserting in its place new Code
Sections 45-17-1 and 45-17-1.1 to read as follows:
"45-17-1. As used in this article, the term:
(1) 'Attesting and 'attestation are synonymous and
mean the notarial act of witnessing or attesting a signa-
ture or execution of a deed or other written instrument,
where such notarial act does not involve the taking of
an acknowledgement, the administering of an oath or
affirmation, the taking of a verification, or the certifica-
tion of a copy.
1448
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) 'Notarial act means any act that a notary public
is authorized by law to perform and includes, without
limitation, attestation, the taking of an acknowledge-
ment, the administration of an oath or affirmation, the
taking of a verification upon an oath or affirmation, and
the certification of a copy.
(3) 'Notarial certificate means the notarys docu-
mentation of a notarial act.
45-17-1.1. The power to appoint notaries public is vested
in the clerks of the superior courts and may be exercised
by them at any time.
Section 2. Said article is further amended by striking Code
Section 45-17-2, relating to qualifications of notaries, and insert-
ing in its place a new Code section to read as follows:
"45-17-2. (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 individ-
ual is appointed; and
(4) Able to read and write the English language.
(b) The qualifications of paragraphs (2) and (3) of subsec-
tion (a) of this Code section shall not apply to any individual
applying for appointment as a notary public under the provi-
sions of Code Section 45-17-7.
Section 3. Said article is further amended by striking para-
graph (1) of subsection (b) of Code Section 45-17-2.1, relating
to applications for appointment as a notary, and inserting in
its place a new paragraph to read as follows:
"(1) Endorsements from two persons who are not rela-
tives of the applicant, who are at least (18) years old, and
GEORGIA LAWS 1986 SESSION
1449
who reside in the county in which the individual makes
application. The endorsement shall be in the following form:
believe the applicant for a notary public commission,
(name of applicant)
myself, to be a person of integrity, good moral character,
and capable of performing notarial acts.
Section 4. Said article is further amended by striking sub-
section (a) of Code Section 45-17-6, relating to seals of notaries,
and inserting in its place a new subsection to read as follows:
"(a) (1) 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 af-
ter July 1, 1985, shall provide a seal of office which shall
have for its impression the notarys name, the words
'Notary Public, the name of the state, and the county
of his appointment. The embossment of notarial certifi-
cates by the notarys seal shall be authorized but not
necessary, and the use of a rubber or other type stamp
shall be sufficient for imprinting the notarys seal. A
scrawl shall not be a sufficient notary seal. An official
notarial act must be documented by the notarys seal.
(2) No document executed prior to July 1, 1986,
which would otherwise be eligible for recording in the
real property records maintained by any clerk of superior
court or constitute record notice or actual notice of any
., being 18 years
(name of county)
, who is not related to
(signature of endorser)
(date)
(address of endorser).
1450
GENERAL ACTS AND RESOLUTIONS, VOL. I
matter to any person shall be ineligible for recording
or fail to constitute such notice because of noncompliance
with the requirement that the document contain a notary
seal.
Section 5. Said article is further amended by striking sub-
section (a) of Code Section 45-17-8, relating to powers and duties
of notaries, and inserting in its place a new subsection to read
as follows:
"(a) Notaries public shall have authority to:
(1) Witness or attest signature or execution of deeds
and other written instruments;
(2) Take acknowledgements;
(3) Administer oaths and affirmations in all matters
incidental to their duties as commercial officers and all
other oaths and affirmations which are not by law re-
quired to be administered by a particular officer;
(4) Witness affidavits upon oath or affirmation;
(5) Take verifications upon oath or affirmation;
(6) Make certified copies, provided that the docu-
ment presented for copying is an original document and
is neither a public record nor a publicly recorded docu-
ment certified copies of which are available from an offi-
cial source other than a notary and provided that the
document was photocopied under supervision of the no-
tary; and
(7) Perform such other acts as they are authorized
to perform by other laws of this state.
Section 6. Said Act is further amended by striking subsec-
tion (d) of said Code Section 45-17-8 and inserting in its place
a new subsection to read as follows:
"(d) A notary public shall not execute a notarial certifi-
cate containing a statement known by the notary to be false
GEORGIA LAWS 1986 SESSION
1451
nor perform any action with an intent to deceive or de-
fraud.
Section 7. Said article is further amended by striking Code
Section 45-17-8.1, relating to completion of notarial certifica-
tions, and inserting in its place a new Code section to read as
follows:
"45-17-8.1. (a) Except as otherwise provided in this
Code section, in documenting a notarial act, a notary public
shall sign on the notarial certification, by hand in ink, only
and exactly the name indicated on the notarys commission
and shall record on the notarial certification the exact date
of the notarial act.
G)) The requirement of subsection (a) of this Code sec-
tion for recording of the date of the notarial act shall not
apply to an attestation of deeds or any other instruments
pertaining to real property.
(c) No document executed prior to July 1, 1986, which
would otherwise be eligible for recording in the real property
records maintained by any clerk of superior court or consti-
tute record notice or actual notice of any matter to any
person shall be ineligible for recording or fail to constitute
such notice because of noncompliance with the present or
any prior requirements of this Code section.
Section 8. Said article is further amended by striking Code
Section 45-17-10, relating to authority of notaries with respect
to attachments and garnishments, and inserting in its place a
new Code section to read as follows:
"45-17-10. It shall not be lawful for notaries public to
issue attachments or garnishments, to approve bonds for
the purpose of issuing attachments or garnishments, or to
issue a summons in a dispossessory case; but a notary may
attest an affidavit in an attachment, garnishment, or dispos-
sessory action; provided, however, no writ or summons in
said matter shall issue without first having judicial approval
as provided by law.
Section 9. Article 3 of Chapter 7 of Title 44 of the Official
Code of Georgia Annotated, relating to dispossessory warrants,
1452 GENERAL ACTS AND RESOLUTIONS, VOL. I
is amended by striking Code Section 44-7-50, relating to demand
for possession and procedure upon tenants refusal, in its en-
tirety and inserting in lieu thereof a new Code Section 44-7-
50 to read as follows:
"44-7-50. In all cases where a tenant holds possession
of lands or tenements over and beyond the term for which
they were rented or leased to him or fails to pay the rent
when it becomes due and in all cases where lands or tene-
ments are held and occupied by any tenant at will or suffer-
ance, whether under contract of rent or not, when the owner
of the lands or tenements desires possession of the lands
or tenements, the owner may, by himself, his agent, his attor-
ney in fact, or his attorney at law, demand the possession
of the property so rented, leased, held, or occupied. If the
tenant refuses or fails to deliver possession when so de-
manded, the owner, his agent, his attorney at law, or his
attorney in fact may go before the judge of the superior
court, the judge of the state court, or the clerk or deputy
clerk of either court, or the judge or the clerk or deputy
clerk of any other court with jurisdiction over the subject
matter, or a magistrate in the district where the land lies
and make an affidavit under oath to the facts. The affidavit
may likewise be made before a notary public, subject to the
same requirements for judicial approval specified in Code
Section 18-4-61, relating to garnishment affidavits.
Section 10. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval. It is expressly declared that the curative provisions
of paragraph (2) of subsection (a) of Code Section 45-17-6 and
of subsection (c) of Code Section 45-17-8.1, as enacted by this
Act, are intended to have retroactive application except to the
extent that such retroactive application would unconstitution-
ally impair any vested right.
Section 11. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1453
SALES AND USE TAXES LIQUEFIED PETROLEUM GAS
OR FUEL USED TO HEAT STRUCTURES IN WHICH
BROILERS, PULLETS, OR OTHER POULTRY ARE RAISED.
Code Section 48-8-3 Amended.
No. 1631 (House Bill No. 1294).
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
sales of liquefied petroleum gas or other fuel used to heat a
structure in which broilers, pullets, or other poultry are raised;
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 Geor-
gia Annotated, relating to exemptions from the sales and use
tax, is amended by striking from the end of paragraph (47) the
word "or; by replacing the period at the end of paragraph (48)
with the symbol and word "; or; and by adding a new paragraph
(49) at the end thereof to read as follows:
"(49) Sales of liquefied petroleum gas or other fuel used
to heat a structure in which broilers, pullets, or other poultry
are raised.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1454
GENERAL ACTS AND RESOLUTIONS, VOL. I
CORPORATIONS CORPORATE DOCUMENTS;
RETENTION PERIODS; CORPORATE NAME
RESERVATIONS; VOTING; NOTICE OF SALE
OR DISPOSITION OF ASSETS; FILING FEES;
RULES OF THE SECRETARY OF STATE.
Code Title 14 Amended.
No. 1632 (House Bill No. 1296).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated,
relating to corporations, partnerships, and associations, so as
to provide for retention periods for corporate documents filed
with the Secretary of State; to provide for grounds upon which
a corporate name reservation may be revoked by the Secretary
of State; to provide that either articles of incorporation or bylaws
may require greater than simple majority actions; to provide
for shareholder notice provisions in the sale or disposition of
corporate assets; to provide for certain filing fees for the Secre-
tary of State; to change a certain title of the Secretary of State;
to provide authority to the Secretary of State for the promulga-
tion of rules and regulations for administration of corporations
provisions; to provide for definitions regarding certain corpora-
tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 14 of the Official Code of Georgia Anno-
tated, relating to corporations, partnerships, and associations,
is amended by adding at the end of Code Section 14-2-5, relating
to filing and correction of documents, a new subsection, to be
designated subsection (d), to read as follows:
"(d) The Secretary of State shall retain original charter
documents and any other original documents related thereto
for a period of seven years, after which such documents shall
be retained in microform. Annual reports and other such
documents shall be retained for a period not to exceed five
years.
GEORGIA LAWS 1986 SESSION
1455
Section 2. Said title is further amended by striking in its
entirety subsection (e) of Code Section 14-2-41, relating to reser-
vation of a corporate name, and inserting in its place a new
subsection (e) to read as follows:
"(e) Prior to incorporation of a corporation, the Secre-
tary of State may revoke any reservation if, after review,
it is determined that the name reservation:
(1) Was not made in good faith;
(2) Is presently reserved or in use by another corpo-
ration or is confusingly similar to another reserved or
corporate name;
(3) Was made without all fees being paid in full;
or
(4) Was made in violation of this chapter or any
other law of this state.
Section 3. Said title is further amended by striking in its
entirety paragraph (4) of subsection (c) of Code Section 14-2-
172, relating to filing of articles of incorporation and certificate
of corporate name, and inserting in its place a new paragraph
to read as follows:
"(4) A letter addressed to the publisher of a newspaper
which is the official organ of the county where the initial
registered office of the corporation is to be located or which
is a newspaper of general circulation published within said
county whose most recently published annual statement of
ownership and circulation reflects a minimum of 60 percent
paid circulation. Said letter shall contain a notice to be pub-
lished four times in said newspaper and shall be in substan-
tially the following form:
(Name and address of the newspaper
designated by the incorporator
or incorporators or his or
their representative)
You are requested to publish, four times, a notice in the
following form:
1456
GENERAL ACTS AND RESOLUTIONS, VOL. I
_______(name of corporation) has been duly incorporated
on___________________, 19____(month, day, and year to
be inserted by the Secretary of State), by the issuance
of a certificate of incorporation by the Secretary of
State, in accordance with the applicable provisions
of the Georgia Business Corporation Code. The in-
itial registered office of the corporation is located at
_____________________________(address of registered of-
fice) and its initial registered (agent) (agents) at such ad-
dress (is) (are) ____________ (name or names of agent
or agents).
Enclosed is a (check, draft, or money order) in the amount
of $60.00 in payment of the cost of publishing this notice.
Very truly yours,
(Name and address of
incorporator or
incorporators or his
or their representative)
Section 4. Said title is further amended by striking in its
entirety paragraph (1) of subsection (e) of Code Section 14-2-
172, relating to filing of articles of incorporation and certificate
of corporate name, and inserting in its place a new paragraph
to read as follows:
"(1) Issue a certificate of incorporation in substantially
the following form and attach it to one conformed copy of
the articles of incorporation:
State of Georgia
Office of the Secretary of State
Corporation Commissioner
This is to certify that___________________________(the
name of the corporation) has been duly incorporated un-
der the laws of the State of Georgia on the_____day of
_____________, 19____(insert date articles of incorporation
are delivered for filing), by the filing of articles of incorpo-
ration in the office of the Secretary of State and the fees
therefor paid, as provided by law, and that attached
hereto is a true copy of said articles of incorporation.
GEORGIA LAWS 1986 SESSION
1457
Witness my hand and official seal, this_____________________day
of_____________________, 19_____
Secretary of State
Corporation Commissioner of the
State of Georgia
Section 5. Said title is further amended by striking in its
entirety subsection (c) of Code Section 14-2-176, relating to by-
laws of corporations, and inserting in its place a new subsection
(c) to read as follows:
"(c) Action by the shareholders with respect to bylaws
shall be taken by an affirmative vote of a majority of all
shares entitled to elect directors, and action by the directors
with respect to bylaws shall be taken by an affirmative vote
of a majority of all directors then holding office, unless in
either case the articles of incorporation or bylaws shall re-
quire such action to be taken by a greater number.
Section 6. Said title is further amended by striking in its
entirety paragraph (2) of Code Section 14-2-231, relating to the
sale or other disposition of corporate property and assets requir-
ing shareholder approval, and inserting in its place a new para-
graph (2) to read as follows:
"(2) 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 sum-
marize the material features of the proposed transaction
and, if such shareholders would be entitled to exercise rights
under Code Sections 14-2-250 and 14-2-251, shall contain a
clear and concise statement that, if the sale, lease, exchange,
or other disposition is effected, shareholders dissenting there-
from are entitled, if they file a written objection to such
1458 GENERAL ACTS AND RESOLUTIONS, VOL. I
transaction before the vote of the shareholders is taken
thereon and comply with the further provisions of Code Sec-
tion 14-2-251 regarding the rights of dissenting shareholders,
to be paid the fair value of their shares;.
Section 7. Said title is further amended by adding at the
end of Code Section 14-2-372, relating to miscellaneous charges,
three new paragraphs, to be designated paragraphs (4), (5), and
(6), to read as follows:
"(4) For filing a copy of a resolution creating a
residential care facilities authority as
provided in subsection (d) of Code Section
31-7-113........................................ 10.00
(5) For filing a copy of a resolution creating a
downtown development authority as
provided in subsection (b) of Code Sec-
tion 36-42-5.............................. 10.00
(6) For filing a copy of a resolution creating a de-
velopment authority as provided in sub-
section (c) of Code Section 36-62-4....... 10.00
Section 8. Said title is further amended by striking in its
entirety Code Section 14-5-20, relating to the Secretary of State
as ex officio corporation commissioner, and inserting in its place
a new Code Section 14-5-20 to read as follows:
"14-5-20. The Secretary of State shall be corporation
commissioner and shall be charged with the execution of
the duties set forth in Chapters 2 through 5 of this title.
Where the office of Secretary of State shall become vacant
by resignation, death, or otherwise, his authority as corpora-
tion commissioner shall immediately vest in the assistant
corporation commissioner who shall be charged with the
execution of the duties of the Secretary of State set forth
in this title until the office of Secretary of State ceases to
be vacant.
Section 9. Said title is further amended by adding immedi-
ately following Code Section 14-5-22 a new Code section, to be
designated Code Section 14-5-23, to read as follows:
GEORGIA LAWS 1986 SESSION
1459
"14-5-23. Notwithstanding any other law to the con-
trary, the Secretary of State may promulgate such rules
and regulations, not inconsistent with the provisions of this
title, which are incidental to and necessary for the imple-
mentation and enforcement of such provisions of this title
as are administered by the Secretary of State. Such rules
and regulations shall be promulgated in accordance with
Chapter 13 of Title 50, the 'Georgia Administrative Proce-
dure Act.
Section 10. Said title is further amended by striking in
its entirety paragraph (3) of Code Section 14-7-2, relating to
definitions concerning professional corporations, and inserting
in its place a new paragraph (3) to read as follows:
"(3) 'Professional corporation means a corporation,
whether domestic or foreign, organized under Chapter 2 of
this title which has elected to become subject to this chap-
ter.
Section 11. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
SALES AND USE TAXES INSULIN AND INSULIN
SYRINGES DISPENSED WITHOUT A PRESCRIPTION.
Code Section 48-8-3 Amended.
No. 1633 (House Bill No. 1297).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia
Annotated, relating to exemptions from the sales and use tax,
so as to provide that sales of insulin and insulin syringes dis-
1460
GENERAL ACTS AND RESOLUTIONS, VOL. I
pensed without a prescription shall be exempt from the imposi-
tion of the tax; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 48-8-3 of the Official Code of Geor-
gia Annotated, relating to exemptions from the sales and use
tax, is amended by striking from the end of paragraph (47) the
word "or, by replacing the period at the end of paragraph (48)
with the symbol and word "; or, and by adding a new paragraph
(49) to read as follows:
"(49) Sales of insulin and insulin syringes dispensed
without a prescription.
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GAME AND FISH INTERFERENCE WITH LAWFUL
TAKING OF WILDLIFE PROHIBITED; FAILURE TO OBEY
A LAW ENFORCEMENT OFFICER; INJUNCTIONS; CIVIL
LIABILITY; FISH DEALERS LICENSES; CHANNEL
CATFISH; OUT-OF-STATE FISH SHIPMENTS; "HUNTING
REDEFINED.
Code Sections 27-1-2 and 27-4-76 Amended.
Code Sections 27-3-150 through 27-3-152 Enacted.
No. 1634 (House Bill No. 1344).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated,
relating to game and fish, so as to provide that it shall be unlaw-
GEORGIA LAWS 1986 SESSION
1461
ful to interfere with the lawful taking of wildlife or to disturb
wildlife for the purpose of preventing or attempting to prevent
the lawful taking of wildlife; to provide for certain exceptions;
to provide for a definition; to provide that it shall be unlawful
to fail to obey certain orders of a law enforcement officer; to
provide for certain injunctions; to provide for civil liability under
certain circumstances; to change the provisions relating to li-
censing of wholesale and retail fish dealers, so as to exclude
from the licensing requirements persons engaged in the sale
of channel catfish and to delete requirements relating to ship-
ment of out-of-state fish or fish eggs; to delete from the definition
of the term "hunting the acts of disturbing, harrying, or worry-
ing; 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 Anno-
tated, relating to game and fish, is amended by adding at the
end of Chapter 3, relating to wildlife generally, a new Article
6 to read as follows:
"ARTICLE 6
27-3-150. As used in this article, the term 'lawful taking
means taking wildlife when such taking is authorized by
the provisions of this title or by rules or regulations of the
board adopted pursuant to the authority of this title.
27-3-151. (a) It shall be unlawful for any person to:
(1) Interfere with the lawful taking of wildlife by
another person by intentionally preventing or attempt-
ing to prevent such person from such lawful taking of
wildlife;
(2) Disturb or engage in activity tending to disturb
wildlife for the purpose of intentionally preventing or
attempting to prevent the lawful taking of such wildlife;
or
(3) Fail to obey an order of a law enforcement officer
to desist from conduct violating paragraph (1) or (2) of
1462 GENERAL ACTS AND RESOLUTIONS, VOL. I
this Code section if the law enforcement officer observes
such conduct or if the law enforcement officer has reason-
able grounds for believing that the person has engaged
in such conduct that day or that the person plans or
intends to engage in such conduct that day at a specific
location.
(b) Nothing in subsection (a) of this Code section shall
be construed to apply to the activities of law enforcement
officers or employees of the department in the performance
of their duties.
27-3-152. (a) The superior court of a county may enjoin
conduct which would be in violation of Code Section 47-3-
151 upon the petition of a person who is affected or who
reasonably may be affected by such conduct, upon a showing
that such conduct is threatened or that such conduct has
occurred at a particular location in the past and that it is
not unreasonable to expect that under similar circumstances
such conduct will be repealed.
(b) A person who engages in conduct in violation of Code
Section 27-3-151 shall be civilly liable to any other person
who is adversely affected by such conduct, and any award
for damages may include punitive damages. In addition to
any other items of special damage, the measure of damages
may include expenditures of the affected person for license
and permit fees, travel, guides, and special equipment and
supplies to the extent that such expenditures were rendered
futile by preventing the lawful taking of wildlife.
Section 2. Said title is further amended by striking Code
Section 27-4-76, relating to licensing of wholesale and retail
fish dealers, in its entirety and substituting in lieu thereof a
new Code Section 27-4-76 to read as follows:
"27-4-76. (a) It shall be unlawful to engage in the busi-
ness of a wholesale or retail fish dealer, as defined in Code
Section 27-1-2, without first obtaining an annual license from
the department as provided in Code Section 27-2-23. Notwith-
standing any other provision to the contrary, neither a li-
censed commercial fish hatchery nor persons engaged in the
sale of channel catfish shall be required to obtain a license
as a wholesale fish dealer or a retail fish dealer.
GEORGIA LAWS 1986 SESSION
1463
(b) Notwithstanding subsection (a) of this Code section,
nonresident persons may sell and transport fish and fish
eggs into the state without being required to procure a whole-
sale fish dealer license where the sale and shipment are
made to a wholesale fish dealer duly licensed under Code
Section 27-2-23.
(c) The board may by regulation prohibit or limit the
importation, possession, or sale in this state of live fish or
fish eggs where the same are found to be harmful to endemic
fish populations or where the importation, possession, or sale
might introduce or spread disease or parasites.
(d) The conservation rangers or other agents or officials
of the department shall confiscate any fish imported, pur-
chased, or acquired by any person in violation of this Code
section or any regulation promulgated by the board pursuant
to this Code section.
Section 3. Said title is further amended by striking in its
entirety paragraph (39) of Code Section 27-1-2, relating to defini-
tions applicable to the "Game and Fish Code, and inserting
in lieu thereof a new paragraph (39) to read as follows:
"(39) 'Hunting means pursuing, shooting, killing, tak-
ing, or capturing wildlife. This term also includes acts such
as placing, setting, drawing, or using any device used to
take wildlife, whether any such act results in taking or not,
and includes every act of assistance to any person in taking
or attempting to take such wildlife.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1464
GENERAL ACTS AND RESOLUTIONS, VOL. I
SALES AND USE TAXES PAYMENTS MADE WITH FOOD
STAMPS OR WIC COUPONS; EXEMPTIONS.
Code Section 48-8-3 Amended.
No. 1635 (House Bill No. 1362).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia
Annotated, relating to exemptions from sales and use taxes,
so as to provide that sales transactions for which food stamps
or WIC coupons are used as the medium of exchange shall be
exempt from sales and use taxes; to provide for legislative intent;
to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. It is the intention of the General Assembly by
the passage of this Act to comply fully with federal law which
conditions state participation in the food stamp program and
WIC program on the provision of an exemption from state and
local taxes for purchases made with food stamps or WIC coupons.
Section 2. Code Section 48-8-3 of the Official Code of Geor-
gia Annotated, relating to exemptions from sales and use taxes,
is amended by striking "or from the end of paragraph (47),
by striking the period at the end of paragraph (48) and inserting
in its place "; or, and by adding a new paragraph (49) to read
as follows:
"(49) Sales transactions for which food stamps or WIC
coupons are used as the medium of exchange.
Section 3. This Act shall become effective on October 1,
1987.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1465
PROFESSIONAL FUND RAISERS AND PROFESSIONAL
SOLICITORS CHARITABLE ORGANIZATIONS;
REGISTRATION FEES; REPORTS; NAMES.
Code Sections 43-17-2, 43-17-4, and 43-17-10 Amended.
No. 1636 (House Bill No. 1438).
AN ACT
To amend Chapter 17 of Title 43 of the Official Code of Geor-
gia Annotated, relating to professional fund raisers and profes-
sional solicitors, so as to change the amount of the registration
fee required of a charitable organization; to change the provi-
sions relating to reports required of charitable organizations
and professional fund raisers; to require the payment of certain
fees in connection with reports; to change the provisions relating
to the use of confusingly similar or misleading names; to provide
an effective date; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 17 of Title 43 of the Official Code of
Georgia Annotated, relating to professional fund raisers and
professional solicitors, is amended by striking in its entirety
subsection (c) of Code Section 43-17-2, relating to registration
of charitable organizations, and inserting in lieu thereof a new
subsection (c) to read as follows:
"(c) For filing such registration, the Secretary of State
shall receive a fee of $25.00 to be paid at the time of registra-
tion.
Section 2. Said chapter is further amended by striking
in its entirety subsection (a) of Code Section 43-17-4, relating
to reports by registered charitable organizations, and inserting
in lieu thereof a new subsection (a) to read as follows:
"(a) All charitable organizations required to register
pursuant to Code Section 43-17-2 and all professional fund
1466 GENERAL ACTS AND RESOLUTIONS, VOL. I
raisers required to register pursuant to Code Section 43-17-
3 which have received contributions during the preceding
calendar year shall file a written report with the Secretary
of State upon forms prescribed by him at the end of each
quarter for the first year of operation. Thereafter, an annual
report shall be filed on or before June 30 of each year, which
report shall include a financial statement covering the pre-
ceding fiscal quarter or year of operation, clearly setting
forth the gross income, expenses, and net amount inuring
to the benefit of the charitable organization. A charitable
organization or professional fund raiser which maintains
its books on other than a calendar-year basis shall, upon
application to the Secretary of State therefor, be permitted
to file its report within 180 days after the close of its fiscal
year. Such report shall state the names of its professional
fund raisers and professional solicitors used during the year,
if any, and the amounts of compensation received by them.
Each annual report filed with the Secretary of State as re-
quired in this subsection shall be accompanied by a $10.00
fee. Any charitable organization or professional fund raiser
that fails to submit its annual report by June 30 or, in the
case of an organization or fund raiser which maintains its
books on other than a calendar-year basis, by the close of
the 180 day period shall be assessed a late fee of $25.00
for each month or part of a month that such organization
or fund raiser is late in filing its annual report. Such report,
when filed, shall become a public record in the office of the
Secretary of State.
Section 3. Said chapter is further amended by striking
in its entirety Code Section 43-17-10, relating to use of confus-
ingly similar or misleading names, and inserting in lieu thereof
a new Code Section 43-17-10 to read as follows:
"43-17-10. No charitable organization shall use a name
which is the same as, or confusingly similar to, a name used
in this state by another charitable organization registered
pursuant to this chapter unless the latter organization shall
consent to such use.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
GEORGIA LAWS 1986 SESSION
1467
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
SALES AND USE TAXES OXYGEN PRESCRIBED BY A
LICENSED PHYSICIAN.
Code Section 48-8-3 Amended.
No. 1637 (House Bill No. 1445).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia
Annotated, relating to exemptions from sales and use taxes,
so as to exempt from such tax the sale of oxygen when prescribed
by a physician; 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 Geor-
gia Annotated, relating to exemptions from sales and use taxes,
is amended by striking paragraphs (47) and (48) and inserting
in lieu thereof new paragraphs (47) and (48) to read as follows:
*'(47) Sales of drugs dispensed by prescription and pre-
scription eyeglasses and contact lenses;
(48) Sales to licensed commercial fishermen of bait for
taking crabs and the use by licensed commercial fishermen
of bait for taking crabs; or.
Section 2. Said Code section is further amended by adding
a new paragraph (49) to read as follows:
"(49) Sales of oxygen prescribed by a licensed physician.
1468
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
CEMETERIES BURIAL MERCHANDISE;
SALESPERSONS; RECORDS OF EMPLOYEES; NEW
NONPERPETUAL CARE CEMETERIES PROHIBITED;
ESCROW ACCOUNTS; FEES; SIZE; AUDITING COSTS.
Code Title 44, Chapter 3, Article 4 Amended.
No. 1638 (House Bill No. 1460).
AN ACT
To amend Article 4 of Chapter 3 of Title 44 of the Official
Code of Georgia Annotated, relating to cemeteries, so as to
change the definition of burial merchandise; to eliminate the
requirement that salespersons be registered; to provide for the
preparation, maintenance, and inspection of records pertaining
to employees of cemeteries and preneed dealers; to prohibit cer-
tain persons from association with cemeteries and preneed deal-
ers; to prohibit the operation or establishment of new nonper-
petual care cemeteries; to provide for deposits to preneed escrow
accounts; to prohibit the hypothecation, encumbrance, or pledg-
ing of preneed escrow account funds; to provide for the payment
of fees for registration and renewal of registration; to provide
for the payment of fees upon transfer of cemetery ownership;
to provide for minimum acreage of cemeteries in this state; to
provide for assessment of auditing costs and expenses; to provide
for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
GEORGIA LAWS 1986 SESSION
1469
Section 1. Article 4 of Chapter 3 of Title 44 of the Official
Code of Georgia Annotated, relating to cemeteries, is amended
by striking paragraph (1) of Code Section 44-3-131, relating to
definitions, and inserting in lieu thereof a new paragraph (1)
to read as follows:
"(1) 'Burial merchandise means any merchandise nor-
mally offered or sold by a cemetery company or preneed
dealer for use in connection with the interment, entomb-
ment, or inurnment of human remains. This includes, but
is not limited to, subterranean crypts, mausoleums, markers
and monuments, whether bronze or otherwise, bronze
plaques and vases, mausoleum spaces to be constructed, cem-
etery spaces to be developed, and vaults, and also includes
foundations or footings of any type.
Section 2. Said article is further amended by striking Code
Section 44-3-132 which reads as follows:
"44-3-132. (a) No salesperson, as defined by this arti-
cle, shall offer for sale or sell any burial lot, right, burial
service, or burial merchandise in connection with any ceme-
tery unless he is a registered salesperson pursuant to the
provisions of this Code section.
(b) Each individual employed, appointed, or authorized
to offer for sale or to sell any burial lots, rights, burial mer-
chandise, or burial services on behalf of a cemetery company
or preneed dealer shall be identified in a statement of regis-
tration pursuant to Code Section 44-3-134. Such registration
statement shall contain the name, address, telephone num-
ber, and employment history for the five years previous to
the date of filing and whether the individual has ever been
convicted of a misdemeanor of which fraud is an essential
element or has ever been convicted of a felony and, if so,
all pertinent information with respect to such conviction.
(c) Every registration under this Code section shall ex-
pire on the first day of August of each year. Each salesper-
sons renewal application shall be filed with and shall be
an integral part of the renewal application of each cemetery,
cemetery company, or preneed dealer as provided for under
Code Section 44-3-134. Upon any change in the employment
1470
GENERAL ACTS AND RESOLUTIONS, VOL. I
or registration information concerning the salespersons of
a cemetery, cemetery company, or preneed dealer, such cem-
etery, cemetery company, or preneed dealer shall promptly
notify the Secretary of State and shall furnish to him in
writing such information concerning such individuals, which
information has not previously been filed as required in an
original application for registration.,
and inserting in lieu thereof a new Code Section 44-3-132 to
read as follows:
44-3-132. Each cemetery registered under this chapter
shall maintain in its files for a period of five years a properly
completed and executed application for employment in a
form prescribed by the Secretary of State for each employee,
officer, or independent contractor directly involved in ceme-
tery or preneed sales or any person occupying a similar sta-
tus or performing similar functions. If a request is made,
said forms shall be made available for inspection by autho-
rized representatives of the Secretary of State.
Section 3. Said article is further amended by striking Code
Section 44-3-133 which reads as follows:
44-3-133. (a) The registration of any salesperson may
be suspended, revoked, or denied by the Secretary of State
as provided in subsection (b) of this Code section if he finds
that such registrant:
(1) Has willfully made or caused to be made in any
application for registration under this article, or in any
hearing conducted by the Secretary of State, any state-
ment which, at the time and in the light of the circum-
stances under which it was made, was false or misleading
with respect to any material fact, or has willfully omitted
to state in any such application any material fact which
is required to be stated therein or necessary in order
to make the statements made, in light of the circum-
stances under which they were made, not misleading;
(2) Has willfully violated or willfully failed to com-
ply with any provision of this article or a predecessor
law or any regulation or order promulgated or issued
under this article or any predecessor law;
GEORGIA LAWS 1986 SESSION
1471
(3) Has been convicted of a misdemeanor of which
fraud is an essential element or which involves any as-
pect of the cemetery business or has ever been convicted
of a felony; or
(4) Is permanently or temporarily enjoined by any
court of competent jurisdiction from engaging in or con-
tinuing any conduct or practice involving any aspect of
the cemetery business.
(b) Where the Secretary of State finds that there are
grounds for revocation or suspension as provided in this Code
section, he may issue an order suspending or revoking the
registration of any salesperson. Such order shall not be effec-
tive until notice and opportunity for hearing are provided
in accordance with Code Section 44-3-147 and until the Secre-
tary of State shall issue a written order in accordance with
Code Section 44-3-147 if such salesperson requests a hearing
under Code Section 44-3-147; but the Secretary of State may,
if he finds that the public safety or welfare requires emer-
gency action, order an immediate suspension of the registra-
tion of a salesperson. An order of immediate suspension will
expire automatically if the Secretary of State fails to afford
notice and opportunity for hearing pursuant to Code Section
44-3-147.,
and inserting in lieu thereof a new Code Section 44-3-133 to
read as follows:
"44-3-133. (a) The Secretary of State, by order, may
prohibit a person who is an employee, officer, or independent
contractor directly involved in cemetery or preneed sales
or any person occupying a similar status or performing simi-
lar functions from employment with a cemetery or preneed
dealer registered under this chapter if the Secretary of State
finds that such is in the public interest and that said person:
(1) Has willfully made or caused to be made, in any
documents filed with the Secretary of State under this
article, or in any hearings conducted by the Secretary
of State, any statement which, at the time and in the
light of the circumstances under which it was made, was
false or misleading with respect to any material fact,
1472 GENERAL ACTS AND RESOLUTIONS, VOL. I
or has willfully omitted to state in any application any
material fact which is required to be stated therein or
necessary in order to make the statements made, in light
of the circumstances under which they were made, not
misleading;
(2) Has willfully violated or willfully failed to com-
ply with any provision of this article or a predecessor
law or any regulation or order promulgated or issued
under this article or any predecessor law;
(3) Has been convicted of a misdemeanor of which
fraud is an essential element or which involves moral
turpitude or which involves any aspect of the cemetery
business or has been convicted of a felony;
(4) Has engaged in any unethical or dishonest prac-
tices in the cemetery business; or
(5) Is permanently or temporarily enjoined by any
court of competent jurisdiction from engaging in or con-
tinuing any conduct or practice involving any aspect of
the cemetery business.
(b) Where the Secretary of State finds that there are
grounds for the prohibition from employment provided in
this Code section, he may issue an order prohibiting an em-
ployee, officer, or independent contractor directly involved
in cemetery or preneed sales or any person occupying a simi-
lar status or performing similar functions from employment
with a registered cemetery or preneed dealer. Such an order
shall not be effective until notice and opportunity for hearing
are provided in accordance with Code Section 44-3-147 and
until the Secretary shall issue a written order in accordance
with Code Section 44-3-147 if such person requests a hearing
under Code Section 44-3-147; but the Secretary may, if he
finds that the public safety or welfare requires emergency
action, immediately issue an order prohibiting such person
from such employment. Such an order of immediate prohi-
bition will expire automatically if the Secretary fails to af-
ford notice and opportunity for hearing pursuant to Code
Section 44-3-147.
GEORGIA LAWS 1986 SESSION
1473
Section 4. Said article is further amended by striking para-
graphs (2) and (3) of subsection (d) of Code Section 44-3-134,
relating to registration of cemeteries and dealers, which read
as follows:
"(2) Nonperpetual care cemeteries shall be registered
with the Secretary of State according to the provisions of
subsection (b) of this Code section. In addition to the require-
ments of subsection (b) of this Code section, the applicant
shall also include a filing fee of $25.00.
(3) Every registration under this Code section shall ex-
pire on the first day of August of each year. The registration
must be renewed with the Secretary of State each year by
the submission of a renewal application containing the infor-
mation required in an application for initial registration
to the extent that such information had not been included
in an application or renewal application previously filed.
The filing fee for renewal of registration shall be $25.00.,
and inserting in lieu thereof new paragraphs (2) and (3) to read
as follows:
"(2) Any nonperpetual care cemetery which was regis-
tered with the Secretary of State prior to August 1, 1986,
may continue to be operated as such after that date and a
renewal of such registration shall not be required.
(3) Except as specifically authorized under paragraph
(2) of this subsection, from and after August 1, 1986, it shall
be unlawful for any person to operate or establish a nonper-
petual care cemetery.
Section 5. Said article is further amended by striking sub-
paragraphs (A) and (E) of paragraph (1) of subsection (e) of Code
Section 44-3-134, relating to registration of cemeteries and deal-
ers, which read as follows:
"(A) The amount to be deposited to said escrow account
shall be the actual wholesale cost of the burial merchandise
sold or 35 percent of the sales price of such burial merchan-
dise. If the contract of sale shall include cemetery space,
mausoleum crypts which have not been constructed at the
1474 GENERAL ACTS AND RESOLUTIONS, VOL. I
time of sale, or attachments to realty, the portion of the
sales price attributable to the sale of the contemplated burial
merchandise shall be determined, and it shall only be as
to such portion of the total contract that deposit of wholesale
cost or 35 percent of the sales price shall be required. In
the event that the sale of burial merchandise is on an install-
ment contract, the contemplated trust deposit shall be a
pro rata part from each installment payment, such deposit
only being required pro rata as payments are made by the
purchaser for such burial merchandise. In the event the
installment contract is discounted or sold to a third party,
the seller shall be required to deposit an amount equal to
the actual wholesale cost of such burial merchandise or 35
percent of the sales price of such burial merchandise.
(E) (i) Funds may be released from the escrow account
when the burial merchandise is delivered to the pur-
chaser or attached to realty, or when the preneed dealer
shall have paid the wholesale price of the burial mer-
chandise to a manufacturer approved by the Secretary
of State and when the manufacturer shall have certified
to the purchaser that such payment has been made and
that such burial merchandise will be delivered upon re-
quest of the purchaser, or at such times as described
in the rules and regulations promulgated by the Secre-
tary of State. Deposits made from funds received in pay-
ment for preneed services shall remain in the escrow
account until such services are performed, at which time
said funds shall be released to the cemetery upon certifi-
cation of performance.
(ii) The funds on deposit under the terms of this
subsection shall be deemed and regarded as escrow funds
pending delivery of the burial merchandise concerned;
but after delivery of the burial merchandise concerned,
upon completion of each phase of construction of mauso-
leum crypts, or the performance of preneed interment
services, the registrant shall be authorized to withdraw
or offset proportionately such funds and treat the same
as money belonging to him; provided, however, that until
delivery of burial merchandise is complete, construction
is completed, or services are performed, the preneed
dealer shall at no time withdraw funds in excess of the
GEORGIA LAWS 1986 SESSION
1475
actual cost incurred in such delivery, construction, or
performance.,
and inserting, respectively, in lieu thereof new subparagraphs
(A) and (E) to read as follows:
"(A) The amount to be deposited to said escrow account
shall be 35 percent of the sales price of such burial merchan-
dise. If the contract of sale shall include cemetery spaces
or items not deemed to be burial merchandise, the portion
of the sales price attributable to the sale of the contemplated
burial merchandise shall be determined, and it shall only
be as to such portion of the total contract that the deposit
of 35 percent of the sales price shall be required. In the
event that the sale of burial merchandise is on an install-
ment contract, the contemplated trust deposit shall be a
pro rata part from each installment payment, such deposit
only being required pro rata as payments are made by the
purchaser for such burial merchandise. In the event the
installment contract is discounted or sold to a third party,
the seller shall be required to deposit an amount equal to
35 percent of the sales price of such burial merchandise.
(E) (i) Funds may be released from the escrow account
when the burial merchandise is delivered to the pur-
chaser or attached to realty, each phase of mausoleum
construction is completed or the cemetery spaces are de-
veloped, or when the preneed dealer shall have paid the
wholesale price of the burial merchandise to a manufac-
turer approved by the Secretary of State and when the
manufacturer shall have certified to the purchaser that
such payment has been made and that such burial mer-
chandise will be delivered upon request of the purchaser,
or at such times as described in the rules and regulations
promulgated by the Secretary of State. Deposits made
from funds received in payment of preneed services shall
remain in the escrow account until such services are
performed, at which time said funds shall be released
to the cemetery upon certification of performance.
(ii) The funds on deposit under the terms of this
subsection shall be deemed and regarded as escrow funds
pending delivery of the burial merchandise concerned
1476
GENERAL ACTS AND RESOLUTIONS, VOL. I
and said funds may not be pledged, hypothecated, trans-
ferred, or in any manner encumbered by the escrow agent
nor may said funds be offset or taken for the debts of
the cemetery until such time as the merchandise has
been delivered or the phase of mausoleum construction
completed or the cemetery spaces developed; but after
delivery of the burial merchandise concerned, upon com-
pletion of each phase of construction of mausoleum
crypts, or the performance of preneed interment services,
the registrant shall be authorized to withdraw or offset
proportionately such funds and treat the same as money
belonging to him; provided, however, that until delivery
of burial merchandise is complete, construction is com-
pleted, or services are performed, the preneed dealer
shall at no time withdraw funds in excess of the actual
cost incurred in such delivery, construction, or perfor-
mance.
Section 6. Said article is further amended by striking para-
graphs (2) and (3) of subsection (e) of Code Section 44-3-134,
relating to cemeteries and dealers, and inserting in lieu thereof
new paragraphs (2) and (3) to read as follows:
"(2) Preneed dealers shall be registered with the Secre-
tary of State according to the provisions of subsection (b)
of this Code section. In addition to the requirements of sub-
section (b) of this Code section, the applicant shall also in-
clude the following:
(A) A filing fee of $1,000.00;
(B) The name, address, location, and telephone num-
ber of the preneed burial escrow account depository, the
name of the account, the account number, and a financial
report regarding said account;
(C) An executed copy of the escrow agreement set-
ting forth the method used for computing the preneed
escrow deposit requirements. This agreement shall not
be changed or amended without the prior written ap-
proval of the Secretary of State; and
(D) The name, address, and telephone number of
the escrow agent.
GEORGIA LAWS 1986 SESSION
1477
(3) Every registration under this subsection shall expire
on the first day of August of each year. The registration
must be renewed with the Secretary of State each year by
the submission of a renewal application containing the infor-
mation required in an application for initial registration
to the extent that such information had not been included
in an application or renewal application previously filed.
The filing fee for renewal of registration shall be $200.00.
Section 7. Said article is further amended by adding at
the end of subsection (e) of Code Section 44-3-135, relating to
filing fees, a new paragraph (3) to read as follows:
"(3) A fee of $500.00 shall be paid to the Secretary of
State by the vendor or transferor upon written notification
to the Secretary of State of the proposed transfer. Said fee
shall be in addition to any fee imposed pursuant to subsection
(f) of Code Section 44-3-140.
Section 8. Said article is further amended by adding at
the end of Code Section 44-3-135, relating to filing fees, a new
subsection (f) to read as follows:
"(f) Every cemetery initially registered according to the
provisions of this chapter on or after August 1, 1986, shall
consist of not less than 25 acres of land. All cemeteries regis-
tered according to this chapter prior to August 1,1986, shall
not be subject to a minimum size requirement.
Section 9. Said article is further amended by striking sub-
section (f) of Code Section 44-3-140 which reads as follows:
"(f) Pursuant to the auditing powers given to the Secre-
tary of State by this article, the Secretary of State may assess
against the registrant audited reasonable and necessary ex-
penses incurred by an audit for cause if such audit results
in an adverse finding pursuant to an administrative action
or legal action, such assessment not to exceed $50.00 in ex-
penses per auditor per day.,
and inserting in lieu thereof a new subsection (f) to read as
follows:
"(f) Pursuant to the auditing powers given to the Secre-
tary of State by this article, the Secretary of State may assess
1478
GENERAL ACTS AND RESOLUTIONS, VOL. I
against the audited registrant reasonable and necessary ex-
penses incurred by an audit conducted by the Secretary of
State or his representatives. Such an audit may be under-
taken pursuant to a proposed transfer of ownership, the fail-
ure of the registrant to keep and maintain sufficient records,
or an administrative or legal action. Assessment of said rea-
sonable and necessary audit expenses shall be $75.00 per
auditor per day plus actual expenses. The combined audit
expenses and actual expenses shall not exceed $1,000.00 per
12 months for any one cemetery. A certified audit conducted
by an independent accountant of the registrants perpetual
care trust account and preneed escrow account may be ac-
cepted by the Secretary of State in lieu of audit. Expenses
for an audit undertaken pursuant to administrative or legal
action will be assessed against the registrant only if such
audit results in an adverse finding pursuant to such action.
Section 10. This Act shall become effective August 1,1986.
Section 11. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
FIREMEN DEFINITION; INDEMNIFICATION.
Code Section 45-9-81 Amended.
No. 1639 (House Bill No. 1581).
AN ACT
To amend Code Section 45-9-81 of the Official Code of Georgia
Annotated, relating to definitions with respect to the indemnifi-
cation of law enforcement officers, firemen, and prison guards,
so as to change the definition of the term "firemen; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
1479
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 45-9-81 of the Official Code of Geor-
gia Annotated, relating to definitions with respect to the indem-
nification of law enforcement officers, firemen, and prison
guards, is amended by striking paragraph (2) in its entirety
and inserting in lieu thereof a new paragraph (2) to read as
follows:
"(2) (A) 'Fireman means any person who is employed
as a professional firefighter on a full-time basis of at least
40 hours per week by any municipal, county, or state
government fire department employing three or more
firemen and who has the responsibility of preventing and
suppressing fires, protecting life and property, enforcing
municipal, county, and state fire prevention codes, en-
forcing any law pertaining to the prevention and control
of fires or who performs any acts or actions while on
duty or when responding to a fire or emergency during
any fire or other emergency or while performing duties
intended to protect life and property.
(B) 'Fireman shall also mean any individual serving
as an officially recognized or designated member of a
legally organized volunteer fire department who per-
forms any acts or actions while on duty or when respond-
ing to a fire or emergency during any fire or other emer-
gency or while performing duties intended to protect life
and property.
(C) 'Fireman shall also mean any individual em-
ployed by a person or corporation which has a contract
with a municipal corporation or county to provide fire
prevention and fire-fighting services to such municipal
corporation or county and any such individual is em-
ployed on a full-time basis of at least 40 hours per week
and has the responsibility of preventing and suppressing
fires, protecting life and property, enforcing municipal
or county fire prevention codes, enforcing any municipal
or county ordinances pertaining to the prevention and
control of fires or who performs any acts or actions while
on duty or when responding to a fire or emergency during
1480
GENERAL ACTS AND RESOLUTIONS, VOL. I
any fire or other emergency or while performing duties
intended to protect life and property.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
INCOME TAX RETIREMENT INCOME EXCLUSION;
NOTICES OF CHANGES IN FEDERAL NET INCOME;
PENALTIES.
Code Sections 48-7-27 and 48-7-82 Amended.
No. 1640 (House Bill No. 1584).
AN ACT
To amend Code Section 48-7-27 of the Official Code of Georgia
Annotated, relating to calculation of taxable net income of indi-
viduals for purposes of Georgia income taxation, so as to increase
the amount of retirement income which may be excluded from
taxable net income by a taxpayer who is 62 years of age or
over or is permanently and totally disabled; to amend Code
Section 48-7-82 of the Official Code of Georgia Annotated, relat-
ing to time periods for the assessment, collection, and refund
of income taxes, so as to provide for the consequences of a taxpay-
ers failure to give timely notice to the state revenue commis-
sioner of a change by the United States Department of the Trea-
sury in the amount of the taxpayers net income for any year;
to provide that a taxpayer who fails to give such timely notice
shall forfeit his right to refund of any overpayment determined
by reason of such change but shall not forfeit his right to set
off a certain percentage of the amount of such overpayment
against any additional tax liability determined by reason of
such change; to provide for effective dates and for applicability;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
1481
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1; Code Section 48-7-27 of the Official Code of Geor-
gia Annotated, relating to calculation of taxable net income
of individuals for purposes of Georgia income taxation, is
amended by striking paragraph (5) of subsection (a), which para-
graph describes an exclusion from taxable net income, and in-
serting in its place a new paragraph to read as follows:
"(5) (A) Retirement income not to exceed $4,000.00
per year received from any source. This paragraph shall
not apply to or affect retirement income which is already
wholly exempt from income taxation because it is re-
ceived from a public pension or retirement fund or system
listed in subparagraph (4)(A) of this subsection. A tax-
payer shall be eligible for the $4,000.00 exclusion granted
by this paragraph only if he:
(i) Is 62 years of age or older during any part
of the taxable year; or
(ii) Is permanently and totally disabled in that
he has a medically demonstrable disability which is
permanent and which renders him incapable of per-
forming any gainful occupation within his compe-
tence.
(B) The commissioner shall by regulation require
proof of the eligibility of the taxpayer for the exclusion
allowed by this paragraph;
Section 2. Code Section 48-7-82 of the Official Code of Geor-
gia Annotated, relating to time periods for the assessment, col-
lection, and refund of income taxes, is amended by striking sub-
section (e) and inserting in its place a new subsection to read
as follows:
"(e) (1) When a taxpayers amount of net income for
any year under this chapter as returned to the United
States Department of the Treasury is changed or cor-
rected by the commissioner of internal revenue or other
officer of the United States of competent authority, the
1482
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
payer shall claim a refund based on the change or correc-
tion 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 com-
missioner of the final determination of his United States
income taxes, the commissioner shall proceed to deter-
mine, upon evidence that the commissioner has brought
to his attention or that he otherwise acquires, the cor-
rected 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. A taxpayer who so fails to notify the commis-
sioner, however, shall be entitled to equitable recoup-
ment of 90 percent of any overpayment so determined
against any additional tax liability so determined, the
remaining 10 percent of the overpayment being totally
forfeited as a penalty for failure to make a return as
required by paragraph (1) of this subsection.
Section 3. Section 1 of this Act shall become effective upon
its approval by the Governor or upon its becoming law without
such approval. Section 2 of this Act shall become effective Janu-
ary 1, 1987, and shall apply to taxable years beginning on or
after that date.
GEORGIA LAWS 1986 SESSION
1483
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
STATE GOVERNMENT REAL PROPERTY INVENTORY;
TRANSFER OF DUTIES FROM THE SECRETARY OF STATE
TO THE STATE PROPERTIES COMMISSION.
Code Sections 50-16-122, 50-16-123, and 50-16-124 Amended.
No. 1641 (House Bill No. 1888).
AN ACT
To amend Article 6 of Chapter 16 of Title 50 of the Official
Code of Georgia Annotated, relating to inventory of public prop-
erty, so as to change a certain definition; to provide that certain
functions of the Secretary of State relative to the filing of convey-
ances shall be transferred to the State Properties Commission;
to provide that certified copies of court orders relative to condem-
nation of certain real property by and copies of conveyances
of the acquisition or disposition of real property held or owned
by the Board of Regents of the University System of Georgia,
the Georgia Building Authority, the Georgia Building Authority
(Hospital), the Georgia Building Authority (Markets), the Geor-
gia Building Authority (Penal), the Georgia Education Authority
(University), the Georgia Ports Authority, the Jekyll Island
State Park Authority, and the Stone Mountain Memorial Associ-
ation shall be filed with the State Properties Commission; to
repeal the authority of the Secretary of State to promulgate
certain rules and regulations; 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. Article 6 of Chapter 16 of Title 50 of the Official
Code of Georgia Annotated, relating to inventory of public
property, is amended by striking Code Section 50-16-122 in
its entirety and inserting in lieu thereof a new Code Section
50-16-122 to read as follows:
"50-16-122. (a) As used in this Code section, the term:
(1) 'Real property means any real property owned
by the state and under the custody of any state official,
department, board, bureau, commission, or other state
agency, except public road, street, and highway rights
of way and other real property held by the Department
of Transportation pursuant to Ga. L. 1919, p. 242, art.
5, Section 5, as amended by Ga. L. 1922, p. 176, Section
1; Ga. L. 1939, p. 188, Section 1; Ga. L. 1945, p. 258,
Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p. 421, Section
1. Also expressly excluded from the meaning of'real prop-
erty, as used in this Code section, is all real property
held by the Board of Regents of the University System
of Georgia and owned by the following public corpora-
tions: the Georgia Building Authority, the Georgia Build-
ing Authority (Hospital), the Georgia Building Authority
(Markets), the Georgia Building Authority (Penal), the
Georgia Education Authority (University), the Georgia
Ports Authority, the Jekyll Island State Park Au-
thority, and the Stone Mountain Memorial Association.
(2) 'Department means any state official, depart-
ment, board, bureau, commission, or other state agency
having custody of state owned real property.
(b) All real property, the ownership of which is either
acquired or disposed of by the state or any department
thereof after July 1, 1970, shall be subject to the following
requirements:
(1) Except as otherwise provided by law and except
as otherwise required by the nature of the transaction
conveying real property to the state or any department
thereof, the title to all real property acquired shall be
in the name of the state; but the conveyance shall have
written or printed thereon in the upper right-hand corner
GEORGIA LAWS 1986 SESSION
1485
of the initial page thereof the name of the department
for which acquired who is the custodian thereof;
(2) The original of any conveyance acquiring real
property shall be filed in the office of the State Properties
Commission before being recorded iq the office of the
clerk of the superior court of the county or counties
wherein the real property is located. When the convey-
ance is presented to the State Properties Commission
for filing, it shall be accompanied by a plat of the real
property conveyed; and it shall be the duty of the State
Properties Commission to have the conveyance and plat
recorded in the office of the clerk of the superior court
of the county or counties wherein the real property is
located. Any fees required for such recording shall be
paid by the department acquiring the real property or
by the seller of the property, as the case may be. After
having the conveyance and plat so recorded, the State
Properties Commission shall index and retain the same
as a part of the permanent records of such commission;
but an exact copy of the conveyance and plat shall be
produced by the State Properties Commission and for-
warded by such commission to the department acquiring
the real property;
(3) When real property is acquired by eminent do-
main and is conveyed to the state or department thereof
by court order, it shall be the duty of the acquiring custo-
dial department to obtain and transmit to the State Prop-
erties Commission a certified copy of the court order;
and the State Properties Commission shall index and
retain the same as a part of the permanent records of
such commission;
(4) (A) The original of any conveyance disposing
of real property, except an Act or resolution of the
General Assembly, shall be filed in the office of the
State Properties Commission before being recorded
in the office of the clerk of the superior court of the
county or counties wherein the real property is lo-
cated. When the conveyance is presented to the State
Properties Commission for filing, it shall be accompa-
nied by a plat of the real property conveyed, and
1486 GENERAL ACTS AND RESOLUTIONS, VOL. I
the State Properties Commission shall cause the con-
veyance and plat to be duplicated. The duplicate of
the conveyance and plat shall be indexed and re-
tained by the State Properties Commission as a part
of the permanent records of such commission. The
original of the conveyance and plat, along with a cer-
tificate, under seal of the State Properties Commis-
sion showing that the same has been filed in the office
of such commission, shall be returned to the pur-
chaser of the real property. Upon receiving the origi-
nal of the conveyance and plat and certificate of the
State Properties Commission, 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 lo-
cated.
(B) The General Assembly may vary or autho-
rize the variance of the requirements of subparagraph
(A) of this paragraph in any enactment, including
an Act or resolution, authorizing or directing a dispo-
sition of real property; and
(5) When real property is conveyed by an Act or
resolution of the General Assembly, the State Properties
Commission shall obtain and certify as true and correct
a copy of the Act or resolution and retain the same as
a part of the permanent records of such commission.
(c) The documents which are required to be maintained
by the State Properties Commission as a part of the perma-
nent records of such commission, as provided by paragraphs
(2) through (5) of subsection (b) of this Code section, shall
be used by the State Properties Commission in such manner
as it shall determine in maintaining the inventory of real
property.
Section 2. Said article is further amended by striking Code
Section 50-16-123 in its entirety and inserting in lieu thereof
a new Code Section 50-16-123 to read as follows:
"50-16-123. A copy of all conveyances for the acquisition
and disposition of real property held or owned by the Board
GEORGIA LAWS 1986 SESSION
1487
of Regents of the University System of Georgia, the Georgia
Building Authority, the Georgia Building Authority (Hospi-
tal), the Georgia Building Authority (Markets), the Georgia
Building Authority (Penal), the Georgia Education Author-
ity (University), the Georgia Ports Authority, the Jekyll Is-
land State Park Authority, and the Stone Mountain
Memorial Association shall be filed with the State Properties
Commission within 30 days after the conveyance in an acqui-
sition has been recorded in the office of the clerk of the
superior court in the county in which the land is located
and within 30 days after the conveyance in a disposition
has been dated, executed, and delivered. When real property
is acquired by condemnation by the Board of Regents of
the University System of Georgia, the Georgia Building Au-
thority, the Georgia Building Authority (Hospital), the
Georgia Building Authority (Markets), the Georgia Building
Authority (Penal), the Georgia Education Authority (Univer-
sity), the Georgia Ports Authority, the Jekyll Island
State Park Authority, and the Stone Mountain Memorial
Association, a certified copy of the court order vesting title
in such board, association, or any such authority shall be
filed with the State Properties Commission within 30 days
after the date of the court order.
Section 3. Said article is further amended by striking Code
Section 50-16-124 in its entirety and inserting in lieu thereof
a new Code Section 50-16-124 to read as follows:
"50-16-124. The State Properties Commission is autho-
rized and directed to promulgate such rules and regulations
as may be necessary to carry out this part, provided such
rules and regulations are not in conflict with this part.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1488
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPERIOR COURTS LAW CLERKS; PAYMENTS TO
COUNTIES OF A JUDICIAL CIRCUIT EMPLOYING MORE
THAN ONE LAW CLERK.
Code Section 15-6-28 Amended.
No. 1642 (Senate Bill No. 83).
AN ACT
To amend Code Section 15-6-28 of the Official Code of Georgia
Annotated, relating to the employment of one law clerk for
each judicial circuit, so as to allow payment of the salary amount
to which a law clerk would be entitled under such Code section
to be made to a county of a judicial circuit which employs more
than one law clerk; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 15-6-28 of the Official Code of Geor-
gia Annotated, relating to the employment of one law clerk
for each judicial circuit, is amended by adding at the end thereof
a new subsection to be designated subsection (h) to read as fol-
lows:
"(h) If a judicial circuit through one or more of its coun-
ties employs more than one law clerk and all such law clerks
are county employees and are paid from funds other than
state funds, the county which administers the employment
may make application to the Fiscal Division of the Depart-
ment of Administrative Services for reimbursement of the
salary amount only of a singular state employee law clerk
position as authorized by this Code section. Upon the submis-
sion of such documentation by the county as the Fiscal Divi-
sion may reasonably require in order to verify actual employ-
ment of more than one law clerk, the division shall pay
over to the county the state salary amount from state funds
appropriated or otherwise made available for the operation
of the superior courts.
GEORGIA LAWS 1986 SESSION
1489
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
PUBLIC OFFICERS AND EMPLOYEES DAY-CARE
CENTERS FOR STATE EMPLOYEES;
CAPITOL HILL PILOT PROGRAM.
Code Sections 45-18-70 through 45-18-72 Enacted.
No. 1643 (Senate Bill No. 306).
AN ACT
To amend Chapter 18 of Title 45 of the Official Code of Geor-
gia Annotated, relating to employees insurance and benefit
plans, so as to authorize the commissioner of personnel adminis-
tration in conjunction with the Georgia Building Authority to
establish, equip, and operate a day-care center as a capitol hill
pilot program for the purpose of serving children who are mem-
bers of households of employees of state government in and
around the state capitol; to provide for certain fees and charges;
to provide for rules and regulations; to provide for recommenda-
tions relative to funding and costs; 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
4 to read as follows:
"ARTICLE 4
45-18-70. Notwithstanding any other provisions of law,
the commissioner of personnel administration in conjunction
1490 GENERAL ACTS AND RESOLUTIONS, VOL. I
with the Georgia Building Authority is authorized by con-
tract or otherwise to establish, equip, and operate a day-
care center as a capitol hill pilot program for the purpose
of serving children who are members of households of em-
ployees of state government in and around the state capitol.
The commissioner of personnel administration in conjunc-
tion with the Georgia Building Authority is authorized to
establish or provide for the establishment of appropriate
fees and charges to be chargeable against the state employees
who are beneficiaries of services provided by such facility
to pay for the cost of their operation and to accept money,
equipment, or other property donated for use in connection
with the facility.
45-18-71. The State Personnel Board shall promulgate
such rules and regulations as may be required for the effec-
tive administration of this article.
45-18-72. The commissioner of personnel administra-
tion shall present recommendations no later than December
1, 1986, for funding any start-up costs of the pilot project.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1491
STATE EMPLOYEES LAW ENFORCEMENT OFFICERS,
FIREMEN, AND EMPLOYEES OF THE DEPARTMENT OF
CORRECTIONS OR STATE BOARD OF PARDONS AND
PAROLES; INJURIES IN THE LINE OF DUTY;
COMPENSATION.
Code Section 45-7-9 Enacted.
Code Sections 42-5-41 and 42-9-21.1 Repealed.
No. 1644 (Senate Bill No. 322).
AN ACT
To amend Article 1 of Chapter 7 of Title 45 of the Official
Code of Georgia Annotated, relating to general provisions con-
cerning salaries and fees of certain public officers and employees,
so as to provide that any employee of the Department of Correc-
tions, employee of the State Board of Pardons and Paroles or
law enforcement officer employed by the State of Georgia who
is injured in the line of duty by an act of external violence or
injury shall be entitled to his regular compensation for the pe-
riod of time that any such employee or law enforcement officer
is physically unable to perform the duties of his employment;
to provide that any fireman employed by the State of Georgia
who is injured in the line of duty shall be entitled to his regular
compensation for the period of time that any such fireman is
physically unable to perform the duties of his employment; to
define certain terms; to provide certain limitations; to provide
procedures; to provide for a reduction in benefits provided by
this Act when the injured employee, fireman, or law enforce-
ment officer is entitled to receive workers compensation bene-
fits; to provide certain exceptions; to repeal a specific Code sec-
tion relating to compensation of employees of the Department
of Corrections for injuries committed by an inmate or proba-
tioner; to repeal a specific Code section relating to compensation
of employees of the State Board of Pardons and Paroles for
injuries committed by an inmate or parolee; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
1492
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Article 1 of Chapter 7 of Title 45 of the Official
Code of Georgia Annotated, relating to general provisions Con-
cerning salaries and fees of certain public officers and employees,
is amended by adding at the end thereof a new Code Section
45-7-9 to read as follows:
"45-7-9. (a) As used in this Code section, the term:
(1) 'Law enforcement officer means any agent or
officer employed by the State of Georgia who, as a full-
time or part-time employee, is vested either expressly
by law or by virtue of public employment or service with
authority to enforce the criminal or traffic laws and
whose duties include the preservation of public order,
the protection of life and property, or the prevention,
detection, or investigation of crime. Such term also in-
cludes the employees designated by the commissioner
of human resources pursuant to paragraph (2) of subsec-
tion (i) of Code Section 49-5-10, which employees have
the duty to investigate and apprehend delinquent and
unruly children who have escaped from a facility under
the jurisdiction of the Department of Human Resources
or who have broken the conditions of supervision. Such
term shall not include narcotics agents as provided for
in Code Section 35-3-9.
(2) 'Fireman means any person who is employed
as a professional firefighter on a full-time basis of at least
40 hours per week by a state government fire department
who has the responsibility of preventing and suppressing
fires, protecting life and property, and enforcing state
fire prevention codes, as well as enforcing any law per-
taining to the prevention and control of fires.
(b) (1) Any employee of the Department of Correc-
tions, employee of the State Board of Pardons and Pa-
roles, or law enforcement officer who, on or after July
1,1986, is injured in the line of duty by an act of external
violence or injury shall be entitled to receive compensa-
tion as provided in this Code section.
(2) Any fireman who, on or after July 1, 1986, is
injured in the line of duty shall be entitled to receive
compensation as provided in this Code section.
GEORGIA LAWS 1986 SESSION
1493
(c) An employee of the Department of Corrections, em-
ployee of the State Board of Pardons and Paroles, fireman,
or law enforcement officer injured in the line of duty as
provided in subsection (b) of this Code section shall continue
to receive his regular compensation for the period of time
that the employee or officer 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, fireman, or officer
shall be required to submit to his department head satisfac-
tory evidence of such disability.
(d) Benefits made available under this Code section
shall be subordinate to any workers compensation benefits
for which the employee, fireman, or officer is eligible and
shall be limited to the difference between the amount of
available workers compensation benefits and the amount
of the employees, firemans, or officers regular compensa-
tion.
(e) Any employee of the Department of Corrections, em-
ployee of the State Board of Pardons and Paroles, or law
enforcement officer who qualifies for disability allowances
pursuant to Code Section 47-2-221 shall not be entitled to
any benefits provided in this Code section.
Section 2. Code Section 42-5-41 of the Official Code of Geor-
gia Annotated, relating to compensation of members of the De-
partment of Corrections for injuries committed by an inmate
or probationer, is repealed in its entirety.
Section 3. Code Section 42-9-21.1 of the Official Code of
Georgia Annotated, relating to compensation of employees of
the State Board of Pardons and Paroles for injuries committed
by an inmate or parolee, is repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1494
GENERAL ACTS AND RESOLUTIONS, VOL. I
JUDGES OF THE PROBATE COURTS RETIREMENT FUND
OF GEORGIA TIME FOR MAKING PAYMENTS TO THE
FUND.
Code Section 47-11-50 Amended.
No. 1645 (Senate Bill No. 342).
AN ACT
To amend Article 3 of Chapter 11 of Title 47 of the Official
Code of Georgia Annotated, relating to membership in and con-
tributions to the Judges of the Probate Courts Retirement Fund
of Georgia, so as to change the provisions relating to the time
for making certain payments to the fund; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 3 of Chapter 11 of Title 47 of the Official
Code of Georgia Annotated, relating to membership in and con-
tributions to the Judges of the Probate Courts Retirement Fund
of Georgia, is amended by striking subsection (a) of Code Section
47-11-50, relating to the payment to the fund of a portion of
fees collected in connection with marriage licenses, in its en-
tirety and substituting in lieu thereof a new subsection (a) to
read as follows:
"(a) Twenty percent of all fees collected by any and
all judges of the probate courts for any service rendered
as such in taking applications for marriage licenses, issuing
and recording such marriage licenses, and filing such appli-
cations and marriage licenses with the Department of Hu-
man Resources shall be withheld by the judges of the probate
courts collecting such fees and shall be paid to the board
by the twentieth day of the month following the month in
which such fees were collected, irrespective of whether such
collecting judge of the probate court is now or may hereafter
be compensated from fees collected or by a salary, or both.
It shall be the duty of each judge of the probate court to
keep accurate records of all such fees collected, and such
GEORGIA LAWS 1986 SESSION
1495
records may be audited by the board at any time. The sums
remitted to the board under this Code section shall be used
to provide adjustments of the compensation of the several
judges of the probate courts by making retirement benefits
available to such judges of the probate courts and to pay
the costs of administration incurred by the board.
Section 2. Said article is further amended by striking para-
graph (1) of subsection (c) of Code Section 47-11-51, relating to
the payment to the fund of a portion of fines and forfeited bonds,
in its entirety and substituting in lieu thereof a new paragraph
(1) to read as follows:
"(1) All moneys required to be paid to the board
by this Code section shall be due on the twentieth day
of the month after collection. Each judge of the probate
court or other collecting authority shall pay such moneys
to the board no later than such due date and shall submit
with such moneys a sworn statement of the number and
nature of transactions for which such moneys are re-
quired to be paid and the amount due. Such sworn state-
ment shall be on a form furnished to each judge of the
probate court by the board.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1496
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOCAL GOVERNMENT JOINT PURCHASE OF
INSURANCE BY MUNICIPALITIES AND COUNTIES; JOINT
SELF-INSURANCE PROGRAMS; INTERLOCAL RISK
MANAGEMENT AGENCIES.
Code Title 36, Chapter 85 Enacted.
No. 1646 (Senate Bill No. 369).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated,
relating to local government, so as to authorize the joint pur-
chase of insurance by municipalities and counties; to authorize
joint self-insurance programs for municipalities and counties;
to provide for definitions; to provide for contracts; to provide
for interlocal risk management agencies and the powers, duties,
and management thereof; to provide for plans and funds; to
provide for the pooling of risks; to provide for records, practices,
and procedures; to provide for rules and regulations; to provide
for excess insurance; to provide for regulation of joint self-insur-
ance programs by the Commissioner of Insurance; to provide
for certificates of authority and applications for certificates of
authority; to provide minimum surplus requirements; to provide
limitations on investments; to provide for joint and several liabil-
ity in self-insurance programs; to provide requirements for ad-
ministrators and contracts with administrators; to provide for
revocation or suspension of certificates of authority; to provide
for hearings; to provide for special assessments; to provide for
exemptions from taxation; to provide for audits and periodic
examinations; to provide for construction; to provide for all other
matters relative to the foregoing; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Anno-
tated, relating to local government, is amended by adding at
the end thereof a new Chapter 85 to read as follows:
"CHAPTER 85
36-85-1. As used in this chapter, the term:
GEORGIA LAWS 1986 SESSION
1497
(1) 'Administrator means any person who adminis-
ters a group self-insurance fund other than the interlocal
risk management agency.
(2) 'Commissioner means the Commissioner of In-
surance.
(3) 'County means any county of the State of Geor-
gia. Such term shall include any public authority, com-
mission, board, or similar agency which is created by
local or general Act of the General Assembly and which
carries out its functions on a county-wide basis or wholly
within the unincorporated area of a county. The term
shall also include any such body which is created or acti-
vated by a resolution or ordinance of the governing body
of the county individually or jointly with other political
subdivisions of the state.
(4) 'Governing authority means the body which ex-
ercises the legislative functions of the municipality or
county.
(5) 'Group self-insurance fund or 'fund means a
pool of public moneys established by an interlocal risk
management agency from contributions of its members
in order to pool the risks of public liability, motor vehicle
liability, property damage, or any combination of such
risks.
(6) 'Interlocal risk management agency or 'agency
means an association formed by municipalities or coun-
ties by the execution of an intergovernmental contract
for the development and administration of an interlocal
risk management program and one or more group self-
insurance funds.
(7) 'Interlocal risk management program means a
plan and activities carried out under such plan by an
interlocal risk management agency to reduce risk of loss
on account of public liability, motor vehicle liability, or
property damage, including safety engineering and other
loss prevention and control techniques, and to administer
one or more group self-insurance funds, including the
1498
GENERAL ACTS AND RESOLUTIONS, VOL. I
processing and defense of claims brought against mem-
bers of the agency.
(8) 'Motor vehicle liability means liability to which
a municipality or county may be subject either directly
or by reason of liability arising out of the use of a motor
vehicle by its employee, agent, or officer in the course
and scope of employment.
(9) 'Municipality means a municipal corporation of
the State of Georgia. Such term shall include any public
authority, commission, board, or similar agency which
is created by general or local Act of the General Assembly
and which carries out its functions wholly or partly
within the boundaries of the municipality. The term shall
also include such bodies which are created or activated
by an ordinance or resolution of the governing body of
the municipality individually or jointly with other politi-
cal subdivisions of the state.
(10) 'Property damage means loss to which a munici-
pality or county may be subject by reason of physical
damage or destruction to real or personal property owned
or leased by such municipality or county.
(11) 'Public liability means liability for bodily injury,
death, or damage to property owned by others to which
a municipality or county may be subject either directly
or by reason of liability arising out of an act of its em-
ployee, agent, or officer in the course and scope of employ-
ment.
36-85-2. (a) A group of municipalities or a group of
counties may execute an intergovernmental contract among
themselves to form and become members of an interlocal
risk management agency. After an interlocal risk manage-
ment agency has been formed, any municipality or county
may, subject to the bylaws and requirements of such agency,
become a member and, through participation in the agency,
may:
(1) Pool its public liability risks in whole or in part
with those of other municipalities or counties;
GEORGIA LAWS 1986 SESSION
1499
(2) Pool its motor vehicle liability risks in whole or
in part with those of other municipalities or counties;
(3) Pool its property damage risks in whole or in
part with those of other municipalities or counties; or
(4) Jointly purchase public liability, motor vehicle
liability, or property damage insurance with other mu-
nicipalities or counties participating in and belonging
to the interlocal risk management agency, the participat-
ing municipalities or counties to be coinsured under a
master policy or policies with the total premium appor-
tioned among such participants.
(b) For the purposes of this chapter, municipalities and
counties shall be deemed to constitute separate classes, and
no member of any one such class shall join with a member
of another class for the purpose of creating an interlocal
risk management agency. There shall be only one interlocal
risk management agency established for each class; pro-
vided, however, if the Commissioner determines that there
are special or unique circumstances or needs of a group of
counties or municipalities which justify the establishment
of an additional interlocal risk management agency or agen-
cies, he may authorize the establishment of such additional
agency or agencies. Each agency may establish such group
self-insurance funds as may be authorized by the Commis-
sioner of Insurance.
(c) All arrangements and agreements made under the
authority of this chapter shall be in writing. A municipality
or county may become a member of an interlocal risk man-
agement agency by the adoption of a resolution or ordinance
by the governing authority of the municipality or county.
The interlocal risk management agency shall operate under
such name and style as shall be provided in the intergovern-
mental contract creating such agency and shall have the
power to bring and defend actions in all courts.
(d) All books, records, and files maintained by any ad-
ministrator of any fund established by the agency, including
but not limited to audit data and all active and inactive
claim files, shall at all times be the sole property of the
1500
GENERAL ACTS AND RESOLUTIONS, VOL. I
agency and shall be surrendered immediately to the agency
upon demand.
36-85-3. Each intergovernmental contract establishing
an intergovernmental risk management agency shall pro-
vide for a board of trustees which shall govern the agency.
Such board shall be authorized to administer the agency
in accordance with the provisions of the intergovernmental
contract establishing the agency and shall be authorized to
adopt such bylaws, rules, and regulations as may be neces-
sary or desirable in administering such agency.
36-85-4. An interlocal risk management agency created
pursuant to this chapter is not an insurance company or
an insurer under Title 33, and the development and adminis-
tration by such agency of one or more group self-insurance
funds shall not constitute doing business as an insurer.
36-85-5. (a) No interlocal risk management agency
shall establish a group self-insurance fund or funds until
such agency has been issued a certificate of authority by
the Commissioner of Insurance as provided in this Code sec-
tion and under such rules and regulations as the Commis-
sioner may promulgate to assure compliance with this chap-
ter.
(b) The Commissioner shall not be authorized to issue
any certificate of authority pursuant to this Code section
prior to April 30, 1987. Any application for a certificate of
authority pursuant to this Code section which is filed prior
to March 1, 1987, shall be updated by the applicant in order
to comply with any statute, rule, or regulation which may
be promulgated or enacted prior to the issuance of the certifi-
cate of authority.
(c) When applying for a certificate of authority, an inter-
local risk management agency shall file with the Commis-
sioner an application setting forth:
(1) The name of the agency;
(2) The location of the agencys principal office;
(3) The names and addresses of the members of the
agency;
GEORGIA LAWS 1986 SESSION
1501
(4) The names and addresses of the members of each
fund;
(5) The name and address of a Georgia resident des-
ignated and appointed as each funds proposed registered
agent for service of process in this state;
(6) The names and addresses of the members of the
board of trustees of the agency;
(7) A copy of the bylaws of the agency;
(8) A copy of the intergovernmental contract estab-
lishing the agency;
(9) A copy of the agreement or agreements establish-
ing each fund;
(10) A copy of any agreements between the agency,
any fund of the agency, and any administrator of a fund;
(11) A statement of the financial condition of the
agency and each fund of the agency listing all of their
assets and liabilities as of the end of the last preceding
month prior to the date of the application on such a
form as may be prescribed by the Commissioner;
(12) A copy of each contract, endorsement, and appli-
cation form proposed to be issued or used in connection
with each fund. Such contracts, endorsements, applica-
tions, or revisions thereto shall be filed with and approved
by the Commissioner prior to their use; and
(13) A copy of the rates, rating systems, and rules
proposed to be used in connection with each fund. Such
rates, rating systems, rules, and any revisions thereto
shall be filed with and approved by the Commissioner
prior to their use.
(d) A fund authorized by this chapter may be estab-
lished by an agency only if the agency has enrolled members
which:
(1) For each motor vehicle liability and public liabil-
ity fund shall generate an annual gross premium of not
less than $300,000.00;
1502
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) For each property damage fund shall generate
an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle lia-
bility or public liability with property damage shall
generate an annual gross premium of not less than
$500,000.00; or
(4) For each fund which includes motor vehicle
liability, public liability, and property damage shall
generate an annual gross premium of not less than
$800,000.00.
36-85-6. (a) The Commissioner shall examine the ap-
plication made under Code Section 36-85-5 to determine
whether the agency and any established fund will be able
to comply with this chapter and applicable rules and regula-
tions. If the Commissioner finds that the agency and any
established fund are capable of complying with such require-
ments, he shall issue a certificate of authority to the agency.
(b) If the Commissioner refuses to issue a certificate
of authority, he shall issue an order setting forth the reasons
for refusal and forward it to the agency. A copy of the order
shall be sent to each member of the fund.
(c) Except as otherwise provided in subsection (b) of
Code Section 36-85-5, the Commissioner shall approve or dis-
approve the application for a certificate of authority within
60 days of receipt by him of the application and all of the
supporting information requested.
(d) The Commissioner may refuse to issue or renew or
may suspend or revoke the certificate of authority of any
agency, in accordance with Code Section 36-85-12, for failure
of the agency to comply with any provision of this chapter
or with any of the rules, regulations, or orders of the Commis-
sioner issued pursuant thereto.
(e) The certificate shall be renewed annually in accor-
dance with rules and regulations promulgated by the Com-
missioner.
36-85-7. Each fund formed pursuant to this chapter
shall possess and thereafter maintain minimum surplus in
GEORGIA LAWS 1986 SESSION
1503
an amount such as the Commissioner may reasonably estab-
lish or subsequently require for the protection of the mem-
bers. The Commissioner may authorize a fund to maintain
a deposit with the Commissioner consisting of securities eligi-
ble for deposit by domestic insurance companies in accor-
dance with Chapter 12 of Title 33 or, for a period not to
exceed 60 months, to post a surety bond in lieu of maintain-
ing the minimum surplus required by this Code section.
36-85-8. The investable assets of a fund may be invested
in securities or other investments permitted by the laws
of this state for the investment of assets constituting the
legal reserves of property and casualty insurance companies
or in such other securities or investments as the Commis-
sioner may permit such insurers to invest their funds under
Title 33. Such investments shall be subject to the same terms,
conditions, and limitations which apply to property and casu-
alty insurance companies under Title 33.
36-85-9. Each county or municipality shall be jointly
and severally liable for all legal obligations of a fund which
arise out of an event which occurred while such county or
municipality was a member of such fund; provided, however,
that a fund shall not assume a risk greater than an amount
to be determined by the Commissioner; and provided, fur-
ther, that this legal obligation may be enforced by an assess-
ment against such member as provided in the bylaws of
the agency.
36-85-10. (a) If an agency contracts with an adminis-
trator, the agency and the administrator must enter into
a written agreement which shall be subject to review and
approval by the Commissioner in accordance with this Code
section and which shall contain at least the following:
(1) A contractual provision obligating the adminis-
trator to obtain and maintain such bonds, deposits, or
insurance coverage as may be required to be maintained
by this chapter; and
(2) A requirement that errors and omissions cover-
age or other appropriate liability insurance in an amount
which is not less than that specified by the rules and
1504 GENERAL ACTS AND RESOLUTIONS, VOL. I
regulations of the Commissioner be maintained at all
times by the administrator.
(b) The terms of any such agreement shall be reasonable
and equitable, and the agreement and any amendments
thereto shall be filed with the Commissioner at least 30 days
prior to their use. Any such agreement and any and all
amendments thereto which have not been specifically disap-
proved by the Commissioner within 30 days after the filing
thereof shall be deemed to be approved.
(c) A copy of the agreement and any and all amend-
ments thereto shall be furnished to each agency or fund
member upon request.
36-85-11. (a) The Commissioner shall require each ad-
ministrator to have and maintain a fidelity bond in an
amount which the Commissioner deems appropriate but
which is not less than $100,000.00.
03) Errors and omissions coverage or other appropriate
liability insurance in an amount which is not less than that
specified by the rules and regulations of the Commissioner
shall be maintained at all times by an administrator of a
fund; and a certificate by the insurer or other appropriate
evidence of such coverage shall be filed with the Commis-
sioner by the fund.
(c) Each administrator shall maintain an office in this
state for the payment, processing, and adjustment of the
claims of the fund or funds which it represents.
36-85-12. (a) The Commissioner may revoke, suspend,
or refuse to issue or renew the certificate of authority of
any agency when and if, after investigation, he finds that:
(1) Any certificate of authority issued to the agency
was obtained by fraud;
(2) There was any material misrepresentation in the
application for the certificate of authority;
(3) The agency, any fund established by the agency,
the administrator of a fund, or any marketing represen-
GEORGIA LAWS 1986 SESSION
1505
tative has otherwise shown itself to be untrustworthy
or incompetent;
(4) The agency, any fund established by the agency,
the administrator of a fund, or any marketing represen-
tative has violated any of the provisions of this chapter
or the rules and regulations of the Commissioner promul-
gated pursuant to this chapter;
(5) The agency, any fund established by the agency,
or the administrator of a fund has misappropriated, con-
verted, illegally withheld, or refused to pay over upon
proper demand any moneys which belong to a member
or a person otherwise entitled thereto and which have
been entrusted to the agency, fund, or administrator in
its fiduciary capacities; or
(6) The agency or any fund established by the
agency is found to be in an unsound condition or in such
condition as to render its future transaction of business
in this state hazardous to its members.
(b) Before the Commissioner shall revoke, suspend, or
refuse to issue or renew the certificate of authority of any
agency, he shall give the agency an opportunity to be fully
heard and to introduce evidence in its behalf. In lieu of revok-
ing, suspending, or refusing to issue or renew the certificate
of authority of any agency for any of the causes enumerated
in this Code section, after hearing as provided in this Code
section, the Commissioner may place the fund and its admin-
istrator on probation for a period of time not to exceed one
year when, in his judgment, he finds that the public interest
and the interests of the funds members would not be harmed
by the continued operation of the fund. At any hearing pro-
vided for by t]^is Code section, the Commissioner or his desig-
nee shall have authority to administer oaths to witnesses.
Any witness testifying falsely after taking an oath commits
the offense of perjury.
(c) No fund shall be voluntarily dissolved or otherwise
voluntarily cease to function unless:
(1) Written approval is first obtained from the Com-
missioner; and
1506
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The Commissioner determines that all claims
and other legal obligations of the fund have been paid
or that adequate provisions for such payment have been
made.
36-85-13. Interlocal risk management agencies and
funds established by such agencies shall be exempt from
state and local taxes and fees.
36-85-14. The Commissioner shall have the authority
to require and conduct periodic examinations to verify the
solvency of funds in the same manner and under the same
conditions as insurers are examined under Chapter 2 of Title
33.
36-85-15. (a) If the assets of a fund are at any time
insufficient to enable a fund to discharge its legal liabilities
and other obligations and to maintain the reserves and sur-
plus required of it under this chapter, the agency shall forth-
with make up the deficiency or levy an assessment upon
the members of the fund for the amount needed to make
up the deficiency.
(b) If the agency fails to make up the deficiency or to
make the required assessment of the fund members within
30 days after the Commissioner orders it to do so or if the
deficiency is not fully made up within 60 days after the date
on which any such assessment is made or within such longer
period of time as may be specified by the Commissioner,
the fund shall be deemed to be insolvent and shall be pro-
ceeded against in the same manner as are domestic insurers
under Chapter 37 of Title 33; and the Commissioner shall
have the same powers and limitations in such proceedings
as are provided under that chapter, except as otherwise pro-
vided for in this chapter.
(c) If the liquidation of a fund is ordered, an assessment
shall be levied upon its members for such an amount as
the Commissioner determines to be necessary to discharge
all liabilities of the fund, including the reasonable costs of
liquidation.
36-85-16. The Commissioner shall have authority to
promulgate rules and regulations to effectuate the provisions
of this chapter.
GEORGIA LAWS 1986 SESSION
1507
36-85-17. Any party which is aggrieved by any act, de-
termination, order, or any other action of the Commissioner
taken pursuant to this chapter may request a hearing before
the Commissioner or otherwise proceed in accordance with
Chapter 13 of Title 50, the 'Georgia Administrative Proce-
dure Act.
36-85-18. An interlocal risk management agency shall
maintain at all times a contract or contracts of specific excess
insurance and aggregate excess insurance in amounts which
shall be determined by the Commissioner.
36-85-19. Each fund established under this chapter
shall have an annual audit of its books and accounts per-
formed by a certified public accountant. Such audit shall
be conducted in accordance with generally accepted account-
ing principles. A copy of such audit shall be made available
to fund members.
36-85-20. The exercise by a municipality or county of
the authority provided in this chapter shall not constitute
the provision of liability insurance protection under Article
I, Section II, Paragraph IX of the Constitution of the State
of Georgia.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1508
GENERAL ACTS AND RESOLUTIONS, VOL. I
NUISANCES REPAIR, CLOSING, OR DEMOLITION OF
BUILDINGS AND STRUCTURES BY MUNICIPALITIES;
POPULATION RESTRICTIONS REPEALED; COMPLAINTS
AND ORDERS.
Code Sections 41-2-7, 41-2-8, and 41-2-12 Amended.
No. 1647 (Senate Bill No. 377).
AN ACT
To amend Chapter 2 of Title 41 of the Official Code of Georgia
Annotated, relating to abatement of nuisances generally, so as
to change certain restrictions on applicability of certain provi-
sions relating to the repair, closing, or demolition of certain
buildings and structures; to provide for legislative findings; to
provide for applicability; to provide for definitions; to provide
for the filing of certain complaints or orders; to provide for notice
of certain liens; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 2 of Title 41 of the Official Code of
Georgia Annotated, relating to abatement of nuisances gener-
ally, is amended by striking Code Section 41-2-7, relating to
the power of certain municipalities to repair, close, or demolish
certain buildings or structures, and inserting in its place a new
Code Section 41-2-7 to read as follows:
41-2-7. (a) It is found and declared that in the munici-
palities of this state there is the existence or occupancy of
dwellings or other buildings or structures which are unfit
for human habitation or for commercial, industrial, or busi-
ness occupancy or use and are inimical to the welfare and
are dangerous and injurious to the health, safety, and wel-
fare of the people of this state; and that a public necessity
exists for the repair, closing, or demolition of such dwellings,
buildings, or structures. Whenever the governing authority
of any municipality of this state finds that there exist in
such municipality dwellings, buildings, or structures which
GEORGIA LAWS 1986 SESSION
1509
are unfit for human habitation or for commercial, industrial,
or business uses due to dilapidation and defects increasing
the hazards of fire, accidents, or other calamities; lack of
adequate ventilation, light, or sanitary facilities; or other
conditions rendering such dwellings, buildings, or structures
unsafe or unsanitary, or dangerous or detrimental to the
health, safety, or welfare, or otherwise inimical to the wel-
fare of the residents of such municipality, power is conferred
upon such municipality to exercise its police power to repair,
close, or demolish the aforesaid dwellings, buildings, or struc-
tures in the manner provided in this Code section and Code
Sections 41-2-8 through 41-2-17.
(b) All the provisions of this Code section and Code Sec-
tions 41-2-8 through 41-2-17 including method and procedure
may also be applied to private property where an accumula-
tion of weeds, trash, junk, filth, and other unsanitary or
unsafe conditions, shall create a public health hazard or a
general nuisance to those persons residing in the vicinity.
A finding by any governmental health department, health
officer, or building inspector that such property is a health
or safety hazard shall constitute prima-facie evidence that
said property is in violation of this Code section and Code
Sections 41-2-8 through 41-2-17.
Section 2. Said chapter is further amended by striking
Code Section 41-2-8, relating to definitions regarding the repair-
ing, closing, or demolishing of certain buildings or structures,
and inserting in its place a new Code Section 41-2-8 to read
as follows:
"41-2-8. As used in Code Sections 41-2-7 through 41-2-
17, the term:
(1) 'Closing means securing and causing a dwelling,
building, or structure to be vacated.
(2) 'Dwellings, buildings, or structures means any
building or structure or part thereof used and occupied
for human habitation, commercial, industrial, or busi-
ness uses, or intended to be so used, and includes any
outhouses and appurtenances belonging thereto or usu-
ally enjoyed therewith and also includes any building
or structure of any design.
1510 GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) 'Governing body means the council, board of
commissioners, board of aldermen, or other legislative
body charged with governing a municipality.
(4) 'Municipality means any incorporated city
within this state.
(5) 'Owner means the holder of the title in fee sim-
ple and every mortgagee of record.
(6) 'Parties in interest means persons in possession
of said property and all individuals, associations, and
corporations who have interest of record in the county
where the property is located in a dwelling, building,
or structure, including executors, administrators, guard-
ians, and trustees.
(7) 'Public authority means any housing authority
or any officer who is in charge of any department or
branch of the government of the municipality, county,
or state relating to health, fire, or building regulations
or to other activities concerning dwellings, buildings, or
structures in the municipality.
(8) 'Public officer means the officer or officers who
are authorized by Code Sections 41-2-7 through 41-2-17
and by ordinances adopted under Code Sections 41-2-7
through 41-2-17 to exercise the powers prescribed by such
ordinances or any agent of such officer or officers.
(9) 'Repair means closing a dwelling, building, or
structure or the cleaning or removal of debris, trash,
and other materials present and accumulated which cre-
ate a health or safety hazard in or about any dwelling,
building, or structure.
Section 3. Said chapter is further amended by striking
Code Section 41-2-12, relating to service of certain complaints
or orders, and inserting in its place a new Code Section 41-2-
12 to read as follows:
"41-2-12. (a) Complaints or orders issued by a public
officer pursuant to an ordinance adopted under Code Sections
GEORGIA LAWS 1986 SESSION
1511
41-2-7 through 41-2-17 shall, in all cases, be served upon
each person in possession of said property, each owner, and
each party in interest; and the return of service signed by
the public officer or his agent or an affidavit of service exe-
cuted by any citizen of this state, reciting that a copy of
such complaint or orders was served upon each person in
possession of said property, each owner, and each party in
interest personally or by leaving such copy at the place of
his residence, shall be sufficient evidence as to the service
of such person in possession, owner, and party in interest.
(b) If any of the owners and parties in interest shall
reside out of the municipality, service shall be perfected by
causing a copy of such complaint or orders to be served upon
such party or parties by the sheriff or any lawful deputy
of the county of the residence of such party or parties or
such service may be made by any citizen; and the return
of such sheriff or lawful deputy or the affidavit of such citizen,
that such party or parties were served either personally or
by leaving a copy of the complaint or orders at the residence,
shall be conclusive as to such service.
(c) Nonresidents of this state shall be served by publish-
ing the same once each week for two successive weeks in
a newspaper printed and published in the municipality or,
in the absence of such newspaper, in one printed and pub-
lished in the county and circulated in the municipality in
which the dwellings, buildings, or structures are located.
A copy of such complaint or orders shall be posted in a con-
spicuous place on premises affected by the complaint or or-
ders. Where the address of such nonresidents is known, a
copy of such complaint or orders shall be mailed to them
by registered or certified mail.
(d) In the event either the owner or any party in interest
is a minor or an insane person or person laboring under
disabilities, the guardian or other personal representative
of such person shall be served and if such guardian or per-
sonal representative resides outside the municipality or is
a nonresident, he shall be served as hereinbefore provided
in such cases. If such minor or insane person or person labor-
ing under disabilities has no guardian or personal represen-
tative or in the event such minor or insane person lives
1512 GENERAL ACTS AND RESOLUTIONS, VOL. I
outside of the municipality or is a nonresident, service shall
be perfected by serving such minor or insane person person-
ally or by leaving a copy at the place of his residence which
shall be sufficient evidence as to the service of such person
or persons; in the case of other persons who live outside of
the municipality or are nonresidents, service shall be per-
fected by serving the judge of the probate court of the county
wherein such property is located who shall stand in the place
of and protect the rights of such minor or insane person
or appoint a guardian ad litem for such person.
(e) In the event the whereabouts of any owner or party
in interest is unknown and the same cannot be ascertained
by the public officer in the exercise of reasonable diligence
and the public officer shall make an affidavit to that effect,
then the service of such complaint or order upon such per-
sons shall be made in the same manner as provided in subsec-
tion (c) of this Code section or service may be perfected upon
any person, firm, or corporation holding itself out as an agent
for the property involved.
(f) A copy of such complaint or orders shall also be
filed in the proper office or offices for the filing of lis pendens
notice in the county in which the dwelling, building, or struc-
ture is located and such filing of the complaint or orders
shall have the same force and effect as other lis pendens
notices provided by law. Any such complaint or orders or
an appropriate lis pendens notice may contain a statement
to the effect that a lien may arise against the described prop-
erty and that an itemized statement of such lien is main-
tained on a lien docket maintained by the clerk of the govern-
ing body of the municipality.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1513
HEALTH DEAD BODIES; NOTICES OF INFECTIOUS OR
COMMUNICABLE DISEASES REQUIRED; PROCEDURES;
CONFIDENTIALITY.
Code Section 31-21-3 Enacted.
No. 1648 (Senate Bill No. 387).
AN ACT
To amend Article 1 of Chapter 21 of Title 31 of the Official
Code of Georgia Annotated, relating to general provisions con-
cerning dead bodies, so as to require certain notification to per-
sons who handle the disposition of dead bodies in cases where
a dead person had been diagnosed as having an infectious or
communicable disease at the time of death; to define a certain
term; to provide procedures; to provide for the confidential and
privileged nature of information in such notifications and re-
strict the disclosure thereof subject to certain exceptions; to
provide for immunity from liability; to provide a penalty; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 21 of Title 31 of the Official
Code of Georgia Annotated, relating to general provisions con-
cerning dead bodies, is amended by adding at the end thereof
a new Code Section 31-21-3 to read as follows:
"31-21-3. (a) For the purposes of this Code section, the
term 'infectious or communicable disease shall include the
following:
(1) Infectious hepatitis;
(2) Tuberculosis;
(3) Any venereal disease enumerated in Code Sec-
tion 31-17-1; or
(4) Acquired immune deficiency syndrome (AIDS).
1514
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) (1) When a person who has been diagnosed as hav-
ing an infectious or communicable disease dies in a hospi-
tal or other health care facility, the attending physician
shall prepare a written notification describing such dis-
ease to accompany the body when it is picked up for
disposition.
(2) When a person dies outside of a hospital or
health care facility and without an attending physician,
any family member or person making arrangements for
the disposition of the dead body who knows that such
dead person had been diagnosed as having an infectious
or communicable disease at the time of death shall pre-
pare a written notification describing such disease to ac-
company the body when it is picked up for disposition.
(3) Any person who picks up a dead body for disposi-
tion and who has been notified that the person had been
diagnosed as having an infectious or communicable dis-
ease at the time of death pursuant to the provisions of
paragraph (1) or (2) of this subsection shall present such
notification accompanying the dead body to any em-
balmer, funeral director, or other person taking posses-
sion of the dead body.
(c) Information regarding a deceaseds infectious or
communicable disease and contained in a notification re-
quired to be prepared pursuant to subsection (b) of this Code
section shall be privileged and confidential and may only
be disclosed if:
(1) That disclosure is required pursuant to Chapter
17 of this title;
(2) That disclosure is required by federal law, but
only to the extent so required;
(3) That disclosure is made by a physician pursuant
to Code Section 24-9-40 or any other law authorizing a
physician to disclose otherwise privileged information;
(4) That disclosure is for research purposes and does
not reveal:
GEORGIA LAWS 1986 SESSION
1515
(A) The identity of the deceased; or
(B) Information which would reveal the identity
of the deceased;
(5) That disclosure involves information regarding
sexual assault or sexual exploitation of a deceased child
and is required to be reported pursuant to Code Section
19-7-5 or any other law requiring the reporting of such
assault or exploitation of a child, but only to the extent
that such disclosure is so required to be reported.
(6) That disclosure involves information regarding
a deceased minor and the disclosure is made to the parent
or guardian of that minor; or
(7) That disclosure is made to the person who picks
up the dead body or is made in the ordinary course of
business to any employee or agent of any person or entity
authorized or required under this Code section to receive
or report that information.
(d) Information privileged and confidential under this
Code section may not be disclosed pursuant to discovery pro-
ceedings, subpoena, or court order.
(e) Any disclosure authorized by this Code section or
any unauthorized disclosure of information or communica-
tions made privileged and confidential by this Code section
shall not in any way abridge or destroy the confidential or
privileged character thereof except for the purposes for
which any authorized disclosure is made. Any person making
a disclosure authorized by this chapter shall not be liable
therefor, notwithstanding any contrary provisions of law.
(f) Any person having duties imposed upon that person
pursuant to subsection (b) of this Code section who knowingly
refuses or omits to perform such duties shall be guilty of a
misdemeanor.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1516
GENERAL ACTS AND RESOLUTIONS, VOL. I
DOMESTIC RELATIONS GRANDPARENTS; VISITATION
RIGHTS IN CHILD CUSTODY PROCEEDINGS; ADOPTION;
NOTICES TO GRANDPARENTS WITH VISITATION RIGHTS;
OBJECTIONS.
Code Sections 19-7-3, 19-8-8, and 19-8-10 Amended.
No. 1649 (Senate Bill No. 395).
AN ACT
To amend Title 19 of the Official Code of Georgia Annotated,
relating to domestic relations, so as to provide that a grandpar-
ent shall have the right to file an original pleading requesting
visitation rights when custody of a minor child has been granted
under any action, except an adoption where legal relationships
between the adopted child and the adopted childs relatives have
been terminated; to provide that in certain adoption proceedings
a copy of the petition for adoption shall be served upon the
grandparent with visitation rights; to provide that in certain
adoption proceedings a grandparent with visitation rights shall
have the privilege to file objections to the petition for adoption;
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 Anno-
tated, relating to domestic relations, is amended by striking
in its entirety subsection (c) of Code Section 19-7-3, relating to
visitation rights of grandparents in guardianship and custody
actions involving minor children, and inserting in lieu thereof
a new subsection (c) to read as follows:
"(c) Whenever any court in this state shall have before
it any question concerning the custody of any minor child
or whenever the parents of the minor child have been di-
vorced or are engaged in legal proceedings to obtain a di-
vorce, any grandparent of the child may be granted reasona-
ble visitation rights upon proof of special circumstances
which make such visitation rights necessary to the best inter-
ests of the child. There shall be no presumption in favor
GEORGIA LAWS 1986 SESSION
1517
of visitation by any grandparent; and the court shall have
discretion to deny such visitation rights. Any grandparent
shall have the right to intervene and petition for visitation
rights in any action involving the custody of any minor child
or in any divorce action. If the parents of the minor child
have been divorced or if custody of the minor child has been
granted in any other action, except an adoption in which
all legal relationships between the adopted child and the
adopted childs relatives have been terminated as provided
in Code Section 19-8-14, a parent of either parent of the
minor child shall have the right to file an original pleading
requesting visitation rights, but not more than once during
any two-year period and not during any year in which an-
other custody action has been filed concerning the child.
After visitation rights have been granted to any grandpar-
ent, the legal custodian or guardian of the person of the
child may petition the court for revocation or amendment
of such visitation rights, for good cause shown, which the
court, in its discretion, may grant or deny; but such a petition
shall not be filed more than once in any two-year period.
Section 2. Said title is further amended by adding at the
end of Code Section 19-8-8, relating to the filing and contents
of a petition for adoption, a new subsection (f) to read as follows:
"(f) Whenever a petitioner is a grandparent or blood
relative of the child to be adopted and another grandparent
has visitation rights to the child granted pursuant to the
provisions of Code Section 19-7-3, the petitioner shall cause
a copy of the petition for adoption to be served upon the
grandparent with visitation rights or upon such persons
counsel of record.
Section 3. Said title is further amended by striking Code
Section 19-8-10 in its entirety and inserting in lieu thereof a
new Code Section 19-8-10 to read as follows:
"19-8-10. If the child sought to be adopted has no father
or mother living, it shall be the privilege of any person re-
lated by blood to the child to file objections to the petition
for adoption. A grandparent with visitation rights to a child
granted pursuant to Code Section 19-7-3 shall have the privi-
lege to file objections to the petition of adoption if neither
1518
GENERAL ACTS AND RESOLUTIONS, VOL. I
parent has any further rights to the child and if the petition
for adoption has been filed by a blood relative of the child.
The court, after hearing such objections, shall determine,
in its discretion, whether or not the same constitute a good
reason for denying the petition.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
PUBLIC SERVICE COMMISSION MOTOR COMMON
CARRIERS AND MOTOR CONTRACT CARRIERS;
EXEMPTION FROM REQUIREMENT OF APPROVAL OF
ISSUANCE OF STOCKS, BONDS, OR OTHER EVIDENCES
OF DEBT.
Code Section 46-2-28 Amended.
No. 1650 (Senate Bill No. 496).
AN ACT
To amend Code Section 46-2-28 of the Official Code of Georgia
Annotated, relating to Public Service Commission approval of
certain debt of companies over which the commission has juris-
diction, so as to exempt certain companies from the provisions
of that Code section; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 46-2-28 of the Official Code of Geor-
gia Annotated, relating to Public Service Commission approval
of certain debt of companies over which the commission has
jurisdiction, is amended by adding at the end a new subsection
to read as follows:
GEORGIA LAWS 1986 SESSION
1519
"(f) Notwithstanding any other provision of this Code
section, motor common carriers and motor contract carriers
regulated under Chapter 7 of this title shall be exempt from
the provisions of this Code section.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
HOSPITAL EQUIPMENT FINANCING AUTHORITY
DEFINITIONS; ADMINISTRATION; STAFF; POWERS;
BONDS.
Code Sections 31-7-192, 31-7-193, 31-7-194, and 31-7-197
Amended.
No. 1651 (Senate Bill No. 532).
AN ACT
To amend Article 10 of Chapter 7 of Title 31 of the Official
Code of Georgia Annotated, known as the "Hospital Equipment
Financing Authority Act, so as to change certain definitions;
to change the provisions relating to the administration of the
authority; to change the provisions relating to staff of the author-
ity and the duties of such staff; to change the provisions relating
to the powers of the authority; to provide for investment of
moneys of the authority, including proceeds from the sale of
bonds and moneys held in reserve funds; to change the provi-
sions relating to issuance of bonds by the authority; to change
certain provisions relating to liability for bonds and the accrued
interest thereon; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
1520 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Article 10 of Chapter 7 of Title 31 of the Official
Code of Georgia Annotated, known as the "Hospital Equipment
Financing Authority Act, is amended by striking Code Section
31-7-192 in its entirety and inserting in lieu thereof a new Code
Section 31-7-192 to read as follows:
"31-7-192. As used in this article, the term:
(1) 'Authority means the Hospital Equipment Fi-
nancing Authority created by this article and any succes-
sor or successors thereto. Any change in name or compo-
sition of the authority shall in no way affect the vested
rights of any person under this article.
(2) 'Bond, 'bonds, or 'revenue bonds means reve-
nue bonds, refunding bonds, refunding notes, notes, in-
terim certificates, bond anticipation notes, and other evi-
dences of indebtedness of the authority issued under this
article, notwithstanding that such bonds may be secured
by a mortgage or the full faith and credit of a participat-
ing health facility or any other lawfully pledged security
of a health facility.
(3) 'Cost as applied to a project or any portion
thereof financed under this article includes:
(A) The cost and the incidental and related costs
of the acquisition, repair, restoration, reconditioning,
refinancing, or installation of health equipment;
(B) The cost of any property interest in health
equipment, including an option to purchase a lease-
hold interest;
(C) The cost of architectural, engineering, legal,
trustee, underwriting, and related services; the cost
of the preparation of plans, specifications, studies,
surveys, and estimates of cost and of revenue; and
all other expenses necessary or incident to planning,
providing, or determining the need for or the feasibil-
ity and practicability of health equipment;
(D) The cost of financing charges, including pre-
miums or prepayment penalties and interest accrued
GEORGIA LAWS 1986 SESSION
1521
before the acquisition and installation or refinancing
of such health equipment for up to three years after
such acquisition and installation or refinancing and
costs related to health equipment for up to three years
after such acquisition and installation or refinancing;
(E) The costs paid or incurred in connection with
the financing of health equipment, including out-of-
pocket expenses, the cost of any policy of insurance,
the cost of printing, engraving, and reproduction ser-
vices, and the cost of the initial or acceptance fee
of any trustee or paying agent;
(F) The costs of the authority incurred in connec-
tion with providing health equipment, including rea-
sonable sums to reimburse the authority for time
spent by its agents or employees in providing and
financing health equipment; and
(G) The costs paid or incurred for the adminis-
tration of any program for the purchase or lease of
or the making of loans for health equipment by the
authority and any program for the sale or lease of
or making of loans for health equipment to any partic-
ipating provider.
(4) 'Health equipment means any fixture or per-
sonal property which is determined by the authority to
be necessary or helpful for medical care, research, train-
ing, or teaching in Georgia, regardless of whether such
property is in existence at the time of, or is to be provided
after the making of, such finding.
(5) 'Health facility means any nonprofit health care
facility licensed by the department under Article 1 of
this chapter as a hospital which is owned or operated
by a participating provider and which is utilized, directly
or indirectly, in health care, medical research, or the
training or teaching of health care personnel.
(6) 'Participating provider means a person, corpora-
tion, municipal corporation, political subdivision, or
other entity, public or private, which owns or operates
1522 GENERAL ACTS AND RESOLUTIONS, VOL. I
a nonprofit health facility and which contracts under
this chapter with the authority for the financing or refi-
nancing of, or the lease or other acquisition of, health
equipment.
Section 2. Said article is further amended by striking in
their entirety subsections (h) and (i) of Code Section 31-7-193,
relating to the creation of the Hospital Equipment Financing
Authority, and inserting in lieu thereof new subsections (h) and
(i) to read as follows:
"(h) The authority may contract with one or more enti-
ties or persons to provide an administrative staff and clerical
services and to assist in the management of the routine af-
fairs of the authority, including the originating and process-
ing of any applications from participating providers for the
lease or purchase from the authority, or financing, reimburs-
ing, or refinancing by the authority, of health equipment
and to service the leases, installment purchase contracts,
and loan agreements between the authority and the partici-
pating providers. The administrative staff shall include an
executive director who shall serve as the ex officio secretary
of the authority. The executive director may be an employee
of any such entity.
(i) The executive director shall attend the meetings of
the members of the authority, shall keep a record of the
proceedings of the authority, and shall maintain all books,
documents, and papers filed with the authority, the minutes
of the authority, and its official seal. He may cause copies
to be made of all minutes and other records and documents
of the authority and may give certificates under seal of the
authority to the effect that such copies are true copies, and
all persons dealing with the authority may rely upon such
certificates. If the executive director is unable to attend a
meeting of the members of the authority, the members of
the authority shall designate a member of the authority
or another person to be responsible for carrying out the du-
ties set out in this subsection and in subsection (h) of this
Code section.
Section 3. Said article is further amended by striking in
their entirety paragraphs (24) and (25) of subsection (a) of Code
GEORGIA LAWS 1986 SESSION
1523
Section 31-7-194, relating to the powers of the authority, and
inserting in lieu thereof new paragraphs (24), (25), and (26) to
read as follows:
"(24) To cooperate with and exchange services, person-
nel, and information with any federal, state, or local govern-
mental agency;
(25) To sell, at public or private sale, with or without
public bidding, any loan or other obligation held by the au-
thority; and
(26) Subject to any agreement with bondholders, to in-
vest moneys of the authority not required for immediate
use to carry out the purposes of this part, including the
proceeds from the sale of any bonds and any moneys held
in reserve funds, in obligations which shall be limited to
the following:
(A) Bonds or other obligations of the state, or bonds
or other obligations the principal and interest of which
are guaranteed by the state;
(B) Bonds or other obligations of the United States
or of subsidiary corporations of the United States govern-
ment fully guaranteed by such government;
(C) Obligations of agencies of the United States gov-
ernment issued by the Federal Land Bank, the Federal
Home Loan Bank, Federal Intermediate Credit Bank,
and Bank for Cooperatives;
(D) Bonds or other obligations issued by any public
housing agency or municipality in the United States,
which bonds or obligations are fully secured as to the
payment of both principal and interest by a pledge of
annual contributions under an annual contributions con-
tract or contracts with the United States government,
or project notes issued by any public housing agency,
urban renewal agency, or municipality in the United
States and fully secured as to payment of both principal
and interest by a requisition, loan, or payment agreement
with the United States government;
1524
GENERAL ACTS AND RESOLUTIONS, VOL. I
(E) Certificates of deposit of national or state banks
located within the state which have deposits insured by
the Federal Deposit Insurance Corporation or the Geor-
gia Deposit Insurance Corporation, and certificates of de-
posit of federal savings and loan associations and state
building and loan associations located within the state
which have deposits insured by the Federal Savings and
Loan Insurance Corporation or the Georgia Deposit In-
surance Corporation, including the certificates of deposit
of any bank, savings and loan association, or building
and loan association acting as depository, custodian, or
trustee for any such bond proceeds; provided, however,
that the portion of such certificates of deposit in excess
of the amount insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation or the Georgia Deposit Insurance Corpora-
tion, if any such excess exists, shall be secured by deposit
with the Federal Reserve Bank of Atlanta, Georgia, the
Federal Home Loan Bank of Atlanta, Georgia, or with
any national or state bank located within the state, of
one or more of the following securities in an aggregate
principal amount equal at least to the amount of such
excess:
(i) Direct and general obligations of the state or
of any county or municipality in the state;
(ii) Obligations of the United States or subsid-
iary corporations included in subparagraph (B) of this
paragraph;
(iii) Obligations of agencies of the United States
government included in subparagraph (C) of this
paragraph; or
(iv) Bonds, obligations, or project notes of public
housing agencies, urban renewal agencies, or munici-
palities included in subparagraph (D) of this para-
graph; and
(F) Interest-bearing time deposits, repurchase
agreements, reverse repurchase agreements, rate guar-
antee agreements, or other similar banking arrange-
GEORGIA LAWS 1986 SESSION
1525
ments with a bank or trust company having capital and
surplus aggregating at least $50 million or with any gov-
ernment bond dealer reporting to, trading with, and rec-
ognized as a primary dealer by the Federal Reserve Bank
of New York having capital aggregating at least $50 mil-
lion or with any corporation which is subject to registra-
tion with the Board of Governors of the Federal Reserve
System pursuant to the requirements of the Bank Hold-
ing Company Act of 1956, provided that each such inter-
est-bearing time deposit, repurchase agreement, reverse
repurchase agreement, rate guarantee agreement, or
other similar banking arrangement shall permit the
moneys so placed to be available for use at the time pro-
vided with respect to the investment or reinvestment
of such moneys.
Section 4. Said article is further amended by striking in
its entirety subsection (b) of Code Section 31-7-197, relating to
issuance of bonds by the authority, and inserting in lieu thereof
a new subsection (b) to read as follows:
"(b) The bonds may be issued as serial bonds or as term
bonds or a combination of each in one or more series and
shall bear such date or dates, mature at such time or times,
not exceeding ten years from their respective dates of issue,
bear interest at such fixed or variable rates without regard
to any limitations contained in any other statute or laws
of this state, bear interest at different rates, and mature
at different dates within a series, bear interest at one or
more variable or fixed rates within a series and may be
converted from such variable rate or rates to a fixed rate
or rates, or may be converted from such fixed rate or rates
to a variable rate or rates from time to time, be payable
at such time or times, be in such denominations, be in such
form, either coupon or fully registered, carry such registra-
tion and conversion privileges, have such rank or priority,
be payable in lawful money of the United States at such
places, within or outside this state, and be subject to such
terms of redemption as such bond resolution may provide.
Section 5. Said article is further amended by striking in
its entirety subsection (f) of Code Section 31-7-197, relating to
the issuance of bonds by the authority, and inserting in lieu
thereof a new subsection (f) to read as follows:
1526
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(f) Interest shall cease to accrue on any bond on the
date that such bond becomes due for payment if such pay-
ment is duly provided for or made.
Section 6. Notwithstanding any other provision to the con-
trary, any bonds issued by this Authority shall require the ap-
proval of the Georgia State Financing and Investment Commis-
sion as provided in Article 2 of Chapter 17 of Title 50 of the
Official Code of Georgia Annotated.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
MOUNTAIN JUDICIAL CIRCUIT TERMS OF COURT.
Code Section 15-6-3 Amended.
No. 1652 (Senate Bill No. 539).
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
the terms for the superior courts of the Mountain Judicial Cir-
cuit; 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 Geor-
gia Annotated, relating to terms for superior courts, is amended
by striking in its entirety paragraph (25) of said Code section
and inserting in its place a new paragraph (25) to read as follows:
"(25) Mountain Circuit:
GEORGIA LAWS 1986 SESSION
1527
(A) Habersham County January 1 and July 1.
(B) Rabun County January 1 and July 1.
(C) Stephens County January 1 and July 1.
(D) Towns County January 1 and July 1.
(E) Union County January 1 and July 1.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
NOTICE OF INTENT TO INTRODUCE LEGISLATION
Notice is hereby given that there will be legislation intro-
duced at the 1986 Session of the Georgia General Assembly to
change the terms of the Superior Courts of the Mountain Judi-
cial Circuit of Georgia.
(Jan.24B)
Georgia, Towns County.
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared Wanda R. West who be-
ing first duly sworn, deposes and says: that he is Publisher en-
gaged in the publication of a newspaper known as The Towns
County Herald, published, issued, and entered as second class
mail in the City of Hiawassee, in said County and State; that....he
is authorized to make this affidavit and sworn statement; that
the notice or other legal advertisement, a true copy of which
is attached hereto, was published in The Towns County Herald
on the following dates January 23, 1986 and received the sum
of_______to publish said advertisement, being Notice of Intent
to INtroduce Legislation
This 23rd day of January, 1986
/s/ Wanda R. West
1528 GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 23rd day of January, 1986.
/s/ Gerald Kenneth West
Notary Public.
My Commission Expires: February 9, 1986.
(Seal).
NOTICE OF INTENT TO INTRODUCE LEGISLATION
Notice is hereby given that there will be legislation intro-
duced at the 1986 Session of the Georgia General Assembly to
change the terms of the Superior Courts of the Mountain Judi-
cial Circuit of Georgia.
(Jan.23B)
Georgia, Union County.
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared Wanda R. West who be-
ing first duly sworn, deposes and says: that he is Publisher en-
gaged in the publication of a newspaper known as North Georgia
News, published, issued, and entered as second class mail in
the City of Blairsville, in said County and State; that....he is
authorized to make this affidavit and sworn statement; that
the notice or other legal advertisement, a true copy of which
is attached hereto, was published in The North Georgia News
on the following dates January 23, 1986 and received the sum
of_______to publish said advertisement, being Notice of INtent
to Introduce Legislation
This 23rd day of January, 1986
/s/ Wanda R. West
Sworn to and subscribed before me,
this 23rd day of January, 1986.
/s/ Gerald Kenneth West
Notary Public.
My Commission Expires: February 9, 1986.
(Seal).
GEORGIA LAWS 1986 SESSION
1529
NOTICE OF INTENT TO INTRODUCE LEGISLATION
Notice is hereby given that there will be legislation intro-
duced at the 1986 Session of the Georgia General Assembly to
change the terms of the Superior Courts of the Mountain Judi-
cial Circuit of Georgia.
Jack N. Gunter
Chief Judge
Mountain Judicial
Circuit
Superior Courts
lc-1-23
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, John C. Foster, who, on
oath, deposes and says that he is Senator from the 50th District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Tri-County Advertiser
which is the official organ of Habersham County, on the follow-
ing date: January 23, 1986.
John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 10th day of February, 1986.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
NOTICE OF INTENT TO INTRODUCE LEGISLATION
Notice is hereby given that there will be legislation intro-
duced at the 1986 Session of the Georgia General Assembly to
change the terms of the Superior Courts of the Mountain Judi-
cial Circuit of Georgia.
1/23 C
1530
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, John C. Foster, who, on
oath, deposes and says that he is Senator from the 50th District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Clayton Tribune which
is the official organ of Rabun County, on the following date:
January 23, 1986.
John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 10th day of February, 1986.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
NOTICE OF INTENT TO INTRODUCE LEGISLATION
Notice is hereby given that there will be legislation intro-
duced at the 1986 Session of the Georgia General Assembly to
change the terms of the Superior Courts of the Mountain Judi-
cial Circuit of Georgia.
Jack N. Gunter,
Chief Judge
Mountain Judicial
Circuit
Superior Courts
c04
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority,
duly authorized to administer oaths, John C. Foster, who, on
oath, deposes and says that he is Senator from the 50th District,
and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Toccoa Record which
GEORGIA LAWS 1986 SESSION
1531
is the official organ of Stephens County, on the following date:
January 23, 1986.
John C. Foster
Senator,
50th District
Sworn to and subscribed before me,
this 10th day of February, 1986.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 11, 1988.
Approved April 11, 1986.
TEACHERS RETIREMENT SYSTEM OF GEORGIA
CREDITABLE SERVICE FOR CERTAIN PRIOR TEACHING
SERVICE.
Code Section 47-3-84.1 Enacted.
No. 1653 (House Bill No. 67).
AN ACT
To amend Article 5 of Chapter 3 of Title 47 of the Official
Code of Georgia Annotated, relating to service creditable toward
retirement under the Teachers Retirement System of Georgia,
so as to authorize certain former teachers who are not current
beneficiaries to establish certain prior teaching service as cred-
itable service and to retire on the basis of such creditable service
and prior membership service for which employee contributions
have not been withdrawn or on the basis of only such prior
membership service; to provide for other matters relative to
the foregoing; to provide an effective date; to repeal conflicting
laws; and for other purposes.
1532
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 5 of Chapter 3 of Title 47 of the Official
Code of Georgia Annotated, relating to service creditable toward
retirement under the Teachers Retirement System of Georgia,
is amended by adding between Code Sections 47-3-84 and 47-
3-85 a new Code Section 47-3-84.1 to read as follows:
"47-3-84.1. (a) Any former member of the retirement
system who is not a beneficiary of the retirement system
on July H 1986, who completed at least ten consecutive years
of membership service during a period beginning not earlier
than January 1, 1954, and ending not later than January
1, 1966, who has not withdrawn from the retirement system
employee contributions which were made during such con-
secutive years of membership service, and who is at least
60 years of age as of July 1, 1986, shall have the right to:
(1) Obtain credit for service rendered at any time
prior to January 1, 1954, as a teacher in Georgia public
school systems upon providing verification of such teach-
ing service to the board of trustees and upon paying to
the board of trustees employee and employer contribu-
tions plus applicable accrued regular interest for such
prior teaching service based on compensation actually
received for such prior teaching service;
(2) Obtain credit for up to five years of service ren-
dered at any time prior to January 1, 1945, for teaching
in public school systems of other states upon providing
verification of such out-of-state teaching service to the
board of trustees and upon paying to the board of trustees
employee and employer contributions plus applicable ac-
crued regular interest for such service based on compen-
sation actually received for such out-of-state teaching
service, provided such former member is not entitled to
receive any pension or annuity from any other state or
from any political subdivision of this or any other state
based on such service; and
(3) Apply to the board of trustees at any time be-
tween July 1, 1986, and January 1, 1987, to obtain any
GEORGIA LAWS 1986 SESSION
1533
portion or all eligible creditable service provided for by
paragraph (1) or (2) or paragraphs (1) and (2) of this sub-
section and to receive a retirement benefit based on the
combined total of creditable service so obtained plus the
years of membership service for which employee contri-
butions have not been withdrawn; ot
(4) Apply to the board of trustees at any time be-
tween July 1, 1986, and January 1, 1987, to reestablish
active membership in the retirement system only for the
purpose of retiring on the basis of membership service
for which employee contributions have not been with-
drawn without the necessity of the payment of any addi-
tional employee contributions.
(b) The board of trustees shall begin making retirement
benefit payments to a former member of the retirement sys-
tem who qualifies therefor pursuant to subsection (a) of this
Code section on the first day of the month within 30 days
after such former member so qualifies.
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 11, 1986.
1534
GENERAL ACTS AND RESOLUTIONS, VOL. I
CHIROPRACTORS SCOPE OF PRACTICE; STANDARD OF
CARE; TORTS.
Code Section 43-9-16 Amended.
No. 1654 (House Bill No. 156).
AN ACT
To amend Code Section 43-9-16 of the Official Code of Georgia
Annotated, relating to the scope of practice of chiropractors,
so as to change the scope of practice of chiropractic and provide
for torts and a standard of care; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 43-9-16 of the Official Code of Geor-
gia Annotated, relating to the scope of practice of chiropractors,
is amended by striking said Code section in its entirety and
substituting in lieu thereof a new Code Section 43-9-16 to read
as follows:
"43-9-16. (a) Chiropractors who have complied with
this chapter shall have the right to adjust patients according
to specific chiropractic methods. Chiropractors shall observe
public health regulations.
(b) The chiropractic adjustment of the articulations of
the human body may include manual adjustments and ad-
justments by means of electrical and mechanical devices
which produce traction or vibration. Chiropractors who have
complied with this chapter may also use in conjunction with
adjustments of the spinal structures electrical therapeutic
modalities which induce heat or electrical current beneath
the skin, including therapeutic ultrasound, galvanism, mi-
crowave, diathermy, and electromuscular stimulation.
GEORGIA LAWS 1986 SESSION
1535
(c) Chiropractors who have complied with this chapter
may utilize those electric therapeutic modalities described
in 43-9-16 (b), provided the chiropractor shall have completed
a course of study containing a minimum of 120 hours of
instruction in the proper utilization of those procedures in
accordance with the guidelines set forth by the Council on
Chiropractic Education or its successor and is qualified and
so certified in that proper utilization.
(d) Chiropractors who have complied with this chap-
ter shall have the right to sign health certificates, re-
porting to the proper health officers the same as other prac-
titioners.
(e) Chiropractors shall not prescribe or administer med-
icine to patients, perform surgery, or practice obstetrics or
osteopathy.
(f) Chiropractors shall not use venipuncture, capillary
puncture, acupuncture, or any other technique which is inva-
sive of the human body either by penetrating the skin or
through any of the orifices of the body or through the use
of colonics.
(g) A person professing to practice chiropractic for com-
pensation must bring to the exercise of that persons profes-
sion a reasonable degree of care and skill. Any injury result-
ing from a want of such care and skill shall be a tort for
which a recovery may be had. If a chiropractor performs
upon a patient any act authorized to be so performed under
this chapter but which act also constitutes a standard proce-
dure of the practice of medicine, including but not limited
to the use of modalities such as those described in subsection
(b) of this Code section and X-rays, under similar circum-
stances the chiropractor shall be held to the same standard
of care as would licensed doctors of medicine who are quali-
fied to and who actually perform those acts under similar
conditions and like circumstances.
(h) A licensed practitioner of chiropractic may use only
the title 'chiropractor, or 'doctor of chiropractic, or 'D.C.
1536
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
TEACHERS RETIREMENT SYSTEM OF GEORGIA
CREDITABLE SERVICE; ABSENCE BECAUSE OF
PREGNANCY.
Code Section 47-3-90 Enacted.
No. 1655 (House Bill No. 186).
AN ACT
To amend Article 5 of Chapter 3 of Title 47 of the Official
Code of Georgia Annotated, relating to creditable service under
the Teachers Retirement System of Georgia, so as to authorize
certain teachers to obtain creditable service for certain periods
of absence from employment because of pregnancy; to provide
for limitations and requirements relative thereto; to provide
for related matters; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 5 of Chapter 3 of Title 47 of the Official
Code of Georgia Annotated, relating to creditable service under
the Teachers Retirement System of Georgia, is amended by add-
ing at the end thereof a new Code Section 47-3-90 to read as
follows:
"47-3-90. (a) A member who, prior to March 5, 1976,
was employed by a public school system of this state in a
GEORGIA LAWS 1986 SESSION
1537
capacity specified by subsection (a) of Code Section 20-2-850
may, subject to the limitations of subsection 0)) and the re-
quirements of subsection (c) of this Code section, obtain cred-
itable service under the retirement system for any period
prior to March 5,1976, during which the member was absent
from employment because of pregnancy.
(b) No creditable service shall be granted for any part
of a period of absence from employment because of preg-
nancy when the member was on sick leave. The maximum
amount of creditable service which may be obtained by a
member for any one pregnancy shall be one and one-half
months and the maximum amount of creditable service
which may be obtained by a member for all pregnancies
shall be six months.
(c) A member who desires to establish creditable service
under this Code section must:
(1) Submit to the board satisfactory evidence of the
period of absence from employment which qualifies for
creditable service under this Code section; and
(2) Pay to the board an amount determined by the
board to be sufficient to cover the full actuarial cost of
granting the creditable service claimed by the member.
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 11, 1986.
1538
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS INCUMBENCY OF CANDIDATES;
INDICATION ON BALLOTS.
Code Sections 21-2-285, 21-2-325, 21-2-540, 21-3-186, 21-3-187,
21-3-225, and 21-3-324 Amended.
No. 1656 (House Bill No. 379).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide that the incumbency of
a candidate seeking election for the public office he then holds
shall be indicated on ballots and ballot labels in elections gener-
ally, special elections, municipal elections, nonpartisan munici-
pal primaries, and special elections in municipalities; 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 Anno-
tated, relating to elections, is amended by striking in its entirety
subsection (c) of Code Section 21-2-285, relating to the form of
the official election ballot, and inserting in lieu thereof a new
subsection (c) to read as follows:
"(c) Immediately under the directions, the names of all
candidates who have been nominated in accordance with
the requirements of this chapter shall be printed on the
ballot and the names of the candidates shall in all cases
be arranged under the titles of the respective offices they
are seeking. The incumbency of a candidate seeking election
for the public office he or she then holds shall be indicated
on the ballot. The names of candidates who are nominees
of a political party shall be placed under the name of their
party. The columns of political parties shall be printed on
the ballot, beginning on the left side thereof, and shall be
arranged from left to right in the descending order of the
GEORGIA LAWS 1986 SESSION
1539
totals of votes cast for candidates of the political parties
for Governor at the last gubernatorial election. The columns
of parties having no candidate for Governor on the ballot
at the last gubernatorial election shall be arranged alphabet-
ically, according to the party name, to the right of the col-
umns of the parties so represented. The columns of political
bodies shall be arranged alphabetically according to the body
name, to the right of the party columns. The names of all
independent candidates shall be printed on the ballot in a
column or columns under the heading 'Independent, which
shall be placed to the right of the political body columns.
In the case of two or more independent candidates seeking
the same office, their names shall be arranged under the
title of the office in alphabetical order. The names of candi-
dates seeking the same office shall be printed horizontally
opposite one another in their respective columns, and such
columns shall be of sufficient length to permit such an
arrangement. To the right of the independent column or
columns shall be printed a blank column sufficient for the
insertion of write-in votes. At the left of the name heading
every column on the ballot and at the left of the name
of every candidate thereon shall be a square of sufficient
size for the convenient insertion of a cross (X) or check (/)
mark.
Section 2. Said title is further amended by striking in its
entirety subsection (d) of Code Section 21-2-325, relating to the
form of ballot labels generally, and inserting in lieu thereof a
new subsection (d) to read as follows:
"(d) The titles of offices may be arranged horizontally
or vertically, with the names of candidates for an office ar-
ranged transversely under or opposite the title of the office.
The incumbency of a candidate seeking election for the pub-
lic office he or she then holds shall be indicated on the ballot
labels.
Section 3. Said title is further amended by striking Code
Section 21-2-540 in its entirety and inserting in lieu thereof a
new Code Section 21-2-540 to read as follows:
1540
GENERAL ACTS AND RESOLUTIONS, VOL. I
"21-2-540. Every special election shall be held and con-
ducted in all respects in accordance with the provisions of
this chapter relating to general elections; and the provisions
of this chapter relating to general elections shall apply
thereto insofar as practicable and as not inconsistent with
any other provisions of this chapter. All special elections
held at the time of a general election, as provided by Code
Section 21-2-541, shall be conducted by the poll officers by
the use of the same equipment and facilities, so far as practi-
cable, as are used for such general election. At least 29 days
shall intervene between the call of a special primary and
the holding of same, and at least 29 days shall intervene
between the call of a special election and the holding of
same. Except as otherwise provided by law, the superinten-
dent of each county shall publish the call of the special elec-
tion. Candidates in special elections shall not be listed on
the ballot according to party affiliation unless a candidate
has been nominated in a special primary, in which event
such a candidate shall have his name placed in a column
under the name of his party. The incumbency of a candidate
seeking election for the public office he or she then holds
shall be indicated on the ballot.
Section 4. Said title is further amended by adding at the
end of Code Section 21-3-186, relating to the form of the official
nonpartisan primary ballot used in municipal primaries, a new
paragraph (3) to read as follows:
"(3) The incumbency of a candidate seeking election
for the public office he then holds shall be indicated on the
ballot.
Section 5. Said title is further amended by striking in its
entirety subsection (c) of Code Section 21-3-187, relating to the
form of the official election ballot in municipal elections, and
inserting in lieu thereof a new subsection (c) to read as fol-
lows:
"(c) Immediately under the directions, the names of all
candidates who have been nominated in accordance with
the requirements of this chapter shall be printed on the
ballot; and the names of the candidates shall in all cases
GEORGIA LAWS 1986 SESSION
1541
be arranged under the titles of the respective offices they
are seeking. The incumbency of a candidate seeking election
for the public office he or she then holds shall be indicated
on the ballot. The names of candidates who are nominees
of a political party shall be placed under the name of their
party. The columns of political parties shall be printed on
the ballot, beginning on the left side thereof, and shall be
arranged from left to right in the descending order of the
totals of votes cast for candidates of the political parties
for Governor at the last gubernatorial election. The columns
of parties having no candidates for Governor on the ballot
at the last gubernatorial election shall be arranged alphabet-
ically according to the party name, to the right of the col-
umns of the parties so represented. The columns of political
bodies shall be arranged alphabetically, according to the
body name, to the right of the party columns. The names
of all independent candidates shall be printed on the ballot
in a column or columns under the heading 'Independent,
which shall be placed to the right of the political body col-
umns. In the case of two or more independent candidates
seeking the same office, their names shall be arranged under
the title of the office in alphabetical order. The names of
candidates seeking the same office shall be printed horizon-
tally opposite one another in their respective columns, and
such columns shall be of sufficient length to permit such
an arrangement. To the right of the independent column
or columns shall be printed a sufficient blank column for
the insertion of write-in votes. At the left of the name head-
ing every column on the ballot and at the left of the name
of every candidate thereon shall be a square of sufficient
size for the convenient insertion of a cross (X) or check (/)
mark.
Section 6. Said title is further amended by striking in its
entirety subsection (d) of Code Section 21-3-225, relating to the
form of ballot labels generally used in municipal elections and
primaries, and inserting in lieu thereof a new subsection (d)
to read as follows:
"(d) The titles of offices may be arranged horizontally
or vertically, with the names of candidates for an office ar-
ranged transversely under or opposite the title of the office.
The incumbency of a candidate seeking election for the pub-
1542 GENERAL ACTS AND RESOLUTIONS, VOL. I
lie office he or she then holds shall be indicated on the ballot
labels.
Section 7. Said title is further amended by striking Code
Section 21-3-324 in its entirety and inserting in lieu thereof a
new Code Section 21-3-324 to read as follows:
"21-3-324. Every special election for the purpose of
electing municipal officials or on a question, to be voted on
by the electors of the municipality at large or by the electors
of any political subdivision, shall be held and conducted in
all respects in accordance with the provisions of this chapter
relating to general elections; and the provisions of this chap-
ter relating to general elections shall also apply to special
elections, insofar as practicable and not inconsistent with
any other provisions of this chapter. All such special elec-
tions shall be conducted by the poll officers, using the same
equipment and facilities, so far as practicable, as are used
for such general elections. Candidates in special elections
shall not be listed on the ballot according to party affiliation
unless a candidate has been nominated in a special primary,
in which event such a candidate shall have his party affilia-
tion appear on the ballot beside his name. The incumbency
of a candidate seeking election for the public office he or
she then holds shall be indicated on the ballot.
Section 8. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1543
RETIREMENT AND PENSIONS CERTIFIED
PROFESSIONAL PERSONNEL OF THE STATE BOARD OF
EDUCATION OR STATE DEPARTMENT OF EDUCATION;
ELECTION OF MEMBERSHIP IN THE EMPLOYEES
RETIREMENT SYSTEM OF GEORGIA OR THE TEACHERS
RETIREMENT SYSTEM OF GEORGIA.
Code Sections 47-2-1, 47-3-1, 47-3-60, and 47-3-81 Amended.
No. 1657 (House Bill No. 391).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated,
relating to retirement and pensions, so as to change the provi-
sions relating to the definition of an employee under the Employ-
ees Retirement System of Georgia; to change the provisions
relating to the definition of a teacher under the Teachers Retire-
ment System of Georgia; to provide that certain personnel who
are members of the employees retirement system may elect
to become members of the teachers retirement system; to
change the provisions relating to the transfer of service credits
and contributions from the employees retirement system to
the teachers retirement system; 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 Anno-
tated, relating to retirement and pensions, is amended by adding
between paragraph (16.1) and (17) of Code Section 47-2-1, relat-
ing to definitions under the Employees Retirement System of
Georgia, a new paragraph (16.2) to read as follows:
"(16.2) The word 'employee shall not include certified
professional personnel who are in the unclassified service
1544
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the State Merit System of Personnel Administration and
who are employed by the State Board of Education or by
the State Department of Education and who elect to become
members of the Teachers Retirement System of Georgia pur-
suant to the authority of subsection (i) of Code Section 47-
3-60. As used in this paragraph, the term 'certified profes-
sional personnel shall have the meaning provided for in
paragraph (8.1) of Code Section 47-3-1.
Section 2. Said title is further amended by adding between
subparagraph (F) and subparagraph (G) of paragraph (28) of
Code Section 47-3-1, relating to definitions under the Teachers
Retirement System of Georgia, a new subparagraph (F.l) to read
as follows:
"(F.l) Certified professional personnel who are in the
unclassified service of the State Merit System of Personnel
Administration and who are employed by the State Board
of Education or by the State Department of Education and
who become members of this retirement system pursuant
to the authority of subsection (i) of Code Section 47-3-60;
Section 3. Said title is further amended by adding at the
end of Code Section 47-3-60, relating to membership in the
Teachers Retirement System of Georgia, a new subsection (i)
to read as follows:
"(i) (1) This subsection shall apply to certified profes-
sional personnel in the unclassified service of the State
Merit System of Personnel Administration who are em-
ployed by the State Board of Education or the State De-
partment of Education on July 1,1986, and who are mem-
bers of the Employees Retirement System of Georgia
and have at least five years of membership service in
said retirement system as of July 1, 1986.
(2) At any time from July 1, 1986, until not later
than July 1, 1987, certified professional personnel de-
scribed in paragraph (1) of this subsection are authorized
to transfer service credits and membership, including
employer and employee contributions, from the Employ-
GEORGIA LAWS 1986 SESSION
1545
ees Retirement System of Georgia to this retirement
system. Any such personnel electing to transfer such ser-
vice credits and membership to this retirement system
shall be required to make additional contributions to this
retirement system so that the annuity account balance
of the transferring person shall be the same as though
the transferring person had been a member of this retire-
ment system during the period of time for which service
credits are transferred from the Employees Retirement
System of Georgia to this retirement system or, in the
absence of such payment, the board of trustees of this
retirement system shall adjust the transferring persons
credits in proportion to the contributions transferred
from the Employees Retirement System of Georgia to
this retirement system. Any such personnel shall exer-
cise the authority provided by this paragraph by written
notification to the board of trustees of each of the retire-
ment systems.
(3) If any person who transfers to this retirement
system pursuant to the authority of this subsection subse-
quently becomes employed in a position where member-
ship in the Employees Retirement System of Georgia
is required, any creditable service obtained under this
retirement system for teaching service in school systems
of other states pursuant to Code Section 47-3-89 shall
not be eligible for transfer as creditable service to the
Employees Retirement System of Georgia, notwithstand-
ing the provisions of Code Section 47-2-92 or any other
provision of Chapter 2 of this title, relating to the Em-
ployees Retirement System of Georgia.
Section 4. Said title is further amended by Striking Code
Section 47-3-81, relating to the transfer of credits and contribu-
tions from the Employees Retirement System of Georgia to
the Teachers Retirement System of Georgia, in its entirety and
substituting in lieu thereof a new Code Section 47-3-81 to read
as follows:
"47-3-81. Any other provisions of law to the contrary
notwithstanding, any member who has service credits with
1546 GENERAL ACTS AND RESOLUTIONS, VOL. I
the Employees Retirement System of Georgia may have
such service credits, including employer and employee con-
tributions, transferred to the Teachers Retirement System
of Georgia. Any member who elects to transfer such service
credits shall notify the board of trustees of this retirement
system in writing of the members election to do so. Such
transferred service credits shall not be used in determining
the qualifications of a member for benefits other than vested
rights, disability, death, or normal service retirement. Such
member shall be required to make additional contributions
to this retirement system so that the members annuity ac-
count balance will be the same as though the member had
been a member of this retirement system during the period
of time for which service credits are transferred from the
Employees Retirement System of Georgia to this retirement
system or, in the absence of such payment, the board of
trustees shall adjust the members credits in proportion to
the contributions transferred from the Employees Retire-
ment System of Georgia to this retirement system.
Section 5. This Act shall become effective on July 1, 1986.
Section 6. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1547
TEACHERS RETIREMENT SYSTEM OF GEORGIA
REINSTATEMENT OF MEMBERSHIP.
Code Section 47-3-60 Amended.
No. 1658 (House Bill No. 416).
AN ACT
To amend Code Section 47-3-60 of the Official Code of Georgia
Annotated, relating to membership in the Teachers Retirement
System of Georgia, so as to change the provisions relating to
reinstatement of membership in the retirement system; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-3-60 of the Official Code of Geor-
gia Annotated, relating to membership in the Teachers Retire-
ment System of Georgia, is amended by striking paragraph (5)
of subsection (e) in its entirety and substituting in lieu thereof
a new paragraph (5) to read as follows:
"(5) Employment by an employer which operates a local
retirement fund, unless the member has ten or more years
of creditable service with this retirement system, in which
case the member may elect to continue membership in this
retirement system, subject to the same terms and conditions
as other members.
Section 2. Said Code section is further amended by adding
between subsections (e) and (f) a new subsection (e.l) to read
as follows:
"(e.l) A member who has not withdrawn the members
contributions to the retirement system and who has a break
in service of more than four years but not more than five
years may be reinstated to membership if the member pays
a sum equal to 12 1/2 percent of the members salary for
the last year of service prior to the break in service. A mem-
1548 GENERAL ACTS AND RESOLUTIONS, VOL. I
ber who has not withdrawn the members contributions to
the retirement system and who has a break in service of
more than five years but not more than six years may be
reinstated to membership if the member pays a sum equal
to 25 percent of the members salary for the last year of
service prior to the break in service. A member who has
not withdrawn the members contributions to the retirement
system may be reinstated to membership without paying
the reinstatement fees after the member renders at least
two consecutive years of membership service subsequent to
the break in service. All interest credits shall cease after
any such break in service but shall begin again on the date
of payment of the sum required for reinstatement to mem-
bership or on the first day of July immediately following
the completion of two consecutive years of membership ser-
vice following the break in service. The board of trustees
may approve the continued membership of a member while
in the armed forces of the United States or other emergency
wartime service of the United States, or a member whose
membership would be terminated because of illness which
prevents the member from rendering the service otherwise
required by this Code section. The board of trustees may
also grant an additional year of leave to a teacher for each
child born to or adopted by such teacher while on authorized
leave.
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 11, 1986.
GEORGIA LAWS 1986 SESSION
1549
EDUCATION SCHOOL SECURITY PERSONNEL; LAW
ENFORCEMENT POWERS.
Code Section 20-8-5 Amended.
No. 1659 (House Bill No. 568).
AN ACT
To amend Code Section 20-8-5 of the Official Code of Georgia
Annotated, relating to law enforcement powers of school secu-
rity personnel in certain counties, so as to remove certain popu-
lation limitations and provide for applicability to school security
personnel of county boards of education and independent boards
of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 20-8-5 of the Official Code of Geor-
gia Annotated, relating to law enforcement powers of school
security personnel in certain counties, is amended by striking
that Code section and inserting in its place a new Code section
to read as follows:
"20-8-5. (a) In each public school system in this state,
school security personnel employed by the board of education
of a county or an independent board of education of a munici-
pality for the various public schools thereof who are certified
pursuant to subsection (b) of this Code section and who are
authorized by the board of education of that county or the
independent board of education of that municipality shall
have the same law enforcement powers on school property,
including the power of arrest, as law enforcement officers
of that respective county or municipality.
(b) As a condition precedent to the exercise of law en-
forcement powers pursuant to subsection (a) of this Code
section, school security personnel must be certified by the
Georgia Peace Officer Standards and Training Council as
having met the qualifications and having completed the basic
training requirements for a peace officer under Chapter 8
1550
GENERAL ACTS AND RESOLUTIONS, VOL. I
of Title 35. The certification of school security personnel
by the Georgia Peace Officer Standards and Training Council
does not require that such security personnel exercise the
powers provided in subsection (a) of this Code section.
(c) The provisions of this Code section shall not prohibit
a board of education of a county or an independent board
of education of a municipality from employing school secu-
rity personnel without law enforcement powers.
(d) The provisions of this Code section shall not be con-
strued to permit or require school security personnel to carry
a firearm or weapon for the purpose of carrying out law
enforcement duties.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
JUVENILE DETENTION FACILITIES; EMPLOYEE AND
EMPLOYER CONTRIBUTIONS.
Code Section 47-2-295 Amended.
No. 1660 (House Bill No. 612).
AN ACT
To amend Code Section 47-2-295 of the Official Code of Geor-
gia Annotated, relating to transfers made to the Employees
Retirement System of Georgia from a county retirement system
of employee and employer contributions made in connection
with employment by a juvenile detention facility, so as to pro-
vide for transfers under stated conditions for a particular time
period; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1986 SESSION
1551
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-2-295 of the Official Code of
Georgia Annotated, relating to transfers made to the Employees
Retirement System of Georgia from a county retirement system
of employee and employer contributions made in connection
with employment by a juvenile detention facility, is amended
by adding at the end of said Code section a new subsection, to
be designated subsection (d), to read as follows:
"(d) In addition to persons who become members of this
retirement system pursuant to subsection (a) of this Code
section, the provisions of this Code section shall also apply
to any persons who become members after July 1, 1986,
but before December 31, 1987, as a result of employment
with a county juvenile detention facility, the employees of
which facility have been acquired from a county by a state
department and who were employees of such county immedi-
ately prior to becoming members of this retirement system
in positions covered under such countys retirement or pen-
sion system.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1552
GENERAL ACTS AND RESOLUTIONS, VOL. I
TEACHERS RETIREMENT SYSTEM OF GEORGIA
CREDIT FOR CERTAIN MILITARY SERVICE.
Code Section 47-3-83 Amended.
No. 1661 (House Bill No. 779).
AN ACT
To amend Code Section 47-3-83 of the Official Code of Georgia
Annotated, relating to creditable service for military service
under the Teachers Retirement System of Georgia, so as to allow
credit for military service during any period when a military
draft was in effect under certain conditions; to provide for other
matters relative thereto; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 47-3-83 of the Official Code of Geor-
gia Annotated, relating to creditable service for military service
under the Teachers Retirement System of Georgia, is amended
by adding at the end thereof a new subsection (d) to read as
follows:
"(d) In addition to creditable service authorized by sub-
sections (a) and (b) of this Code section, but subject to the
limitations of subsection (c) of this Code section, a member
who was on active duty in the armed forces of the United
States during any period when a military draft was in effect
and who was honorably discharged from military service
may receive credit for such military service under the follow-
ing conditions:
(1) The total amount of creditable service for mili-
tary service which may be received under all provisions
of this Code section may not exceed five years;
GEORGIA LAWS 1986 SESSION
1553
(2) The member shall pay to the board of trustees
the regular employee and employer contributions which
would have been paid during the period for which credita-
ble service is claimed based on the compensation of the
member upon first becoming a teacher after the comple-
tion of the military service plus applicable accrued regu-
lar interest on such employee and employer contribu-
tions compounded annually to date of payment; and
(3) No creditable service for military service may
be obtained pursuant to the authority of this subsection
if creditable service for the same military service has
been or may be obtained under subsection (a) or (b) of
this Code section.
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 11, 1986.
TRUSTS BENEFICIARIES OF TRUSTS QUALIFYING FOR
FEDERAL ESTATE OR GIFT TAX MARITAL DEDUCTION;
CONVERSION OF UNPRODUCTIVE OR NONINCOME-
PRODUCING PROPERTY.
Code Section 53-8-2 Amended.
No. 1662 (House Bill No. 1149).
AN ACT
To amend Code Section 53-8-2 of the Official Code of Georgia
Annotated, relating to investment standards for certain acquisi-
1554
GENERAL ACTS AND RESOLUTIONS, VOL. I
tions, so as to include certain beneficiaries of certain additional
marital deduction trusts among those who may require the con-
version of trust property into productive or income-producing
property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 53-8-2 of the Official Code of Geor-
gia Annotated, relating to investment standards for certain ac-
quisitions, is amended by striking subsection (d) thereof and
inserting in its place a new subsection (d) to read as fol-
lows:
"(d) Anything in this Code section or any other law of
this state to the contrary notwithstanding, the income bene-
ficiary of a trust designed to qualify for the federal estate
or gift tax marital deduction under the Internal Revenue
Code of 1954 or any subsequent statute of similar import
shall have the right to direct the trustee of the trust to
convert any unproductive or nonincome-producing property
which is at any time acquired, invested in, or retained
by the trustee into productive or income-producing prop-
erty.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1555
DRUGS CONTROLLED SUBSTANCES; DEFINITIONS;
SCHEDULES I, IV, AND V; DANGEROUS DRUG LIST;
CUMULATIVE EFFECT OF THE GEORGIA DRUG AND
COSMETIC ACT.
Code Sections 16-13-21, 16-13-25, 16-13-28, 16-13-29, 16-13-71,
and 26-3-22 Amended.
No. 1663 (House Bill No. 1158).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Geor-
gia Annotated, relating to controlled substances, so as to change
definitions; to change the listing of certain controlled substances
and dangerous drugs; to amend Chapter 3 of Title 26 of the
Official Code of Georgia Annotated, the "Georgia Drug and Cos-
metic Act, so as to provide for the cumulative effect of said
chapter with respect to certain federal regulations relating to
practices involving drugs; to provide for related matters; to pro-
vide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of
Georgia Annotated, relating to controlled substances, is
amended by striking paragraph (4) of Code Section 16-13-21,
relating to definitions, in its entirety and inserting in lieu
thereof a new paragraph (4) to read as follows:
"(4) 'Controlled substance means a drug, substance, or
immediate precursor in Schedules I through V of Code Sec-
tions 16-13-25 through 16-13-29 and Schedules I through V
of 21 C.F.R. Part 1308.
Section 2. Said chapter is further amended by striking
subparagraph (D) of paragraph (17) of Code Section 16-13-21,
relating to definitions, in its entirety and inserting in lieu
thereof a new subparagraph (D) to read as follows:
1556
GENERAL ACTS AND RESOLUTIONS, VOL. I
"(D) Coca leaves and any salt, compound, derivative,
steroisomers of cocaine, or preparation of coca leaves, and
any salt, compound, steroisomers of cocaine, derivative, or
preparation thereof which is chemically equivalent or identi-
cal with any of these substances, but not including decocain-
ized coca leaves or extractions of coca leaves which do not
contain cocaine or ecgonine.
Section 3. Said chapter is further amended by adding at
the end of paragraph (3) of Code Section 16-13-25, relating to
Schedule I controlled substances, the following new subpara-
graphs:
"(AA) l-methyl-4-phenyl-4-propionoxypiperidine;
(BB) l-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine;
(CC) 3-methylfentanyl;
(DD) n-ethyl-3, 4-methylenedioxyamphetamine;
Section 4. Said chapter is further amended by striking
paragraph (32) of subsection (a) of Code Section 16-13-28, relating
to Schedule IV controlled substances, in its entirety and insert-
ing in lieu thereof a new paragraph (32) to read as follows:
"(32) Triazolam.
Section 5. Said chapter is further amended by striking
paragraph (2) of Code Section 16-13-29, relating to Schedule V
controlled substances, in its entirety and inserting in lieu
thereof a new paragraph (2) to read as follows:
"(2) Buprenorphine.
Section 6. Said chapter is further amended by adding in
the appropriate positions in subsection (b) of Code Section 16-
13-71, defining dangerous drugs, the following new paragraphs:
GEORGIA LAWS 1986 SESSION
1557
"(68.3) Auranofin;
(95.1) Betaxolol;
(153.01) Ceflazidine;
(387.1) Flecainide acetate;
(465.1) Imipenem/cilastatin;
(490.1) Ioxaglate;
(514.1) Leuprolide;
(540.1) Maprotiline;
(624.1) Monooctanoin;
(740.1) Piroxicam;
(831.1) Ranitidine;
(881.1) Somatrem;
(903.2) Sulconazole;
(932.1) Terfenadine;
(983.1) Trientine hydrochloride;
Section 7. Said chapter is further amended by striking
paragraphs (8) and (22) of subsection (c) of Code Section 16-13-
71, defining dangerous drugs, in their entirety and inserting
in lieu thereof paragraphs (8) and (22), respectively, to read as
follows:
"(8) Diphenhydramine up to 12.5 mg. in each 5 ccs
when used in cough preparations and up to 50 mg. per single
dose when used as a nighttime sleep aid or used as an anti-
1558 GENERAL ACTS AND RESOLUTIONS, VOL. I
histamine and labeled in compliance with FDA require-
ments;
(22) Reserved.
Section 8. Chapter 3 of Title 26 of the Official Code of
Georgia Annotated, the "Georgia Drug and Cosmetic Act, is
amended by striking subsection (a) of Code Section 26-3-22, relat-
ing to the cumulative effect of said chapter with respect to other
laws, and inserting in its place a new subsection (a) to read as
follows:
"(a) This chapter shall be cumulative and supplemental
to any and all existing laws relating to the subject matter
of drugs. Specifically, nothing contained in this chapter shall
be so construed as to relieve any person, firm, or corporation
from complying with any requirements as prescribed by Part
6 of Article 2 of Chapter 4 of this title, Article 3 of Chapter
13 of Title 16, the 'Dangerous Drug Act, Article 2 of Chapter
13 of Title 16, the 'Georgia Controlled Substances Act, or
Title 21 C.F.R. 210, the federal 'current good manufacturing
practices in manufacturing, processing, packing, or holding
of drugs: general.
Section 9. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 10. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1559
SECURITIES SECURITIES DEALERS AND SALESMEN;
SANCTIONS FOR MISCONDUCT; EXEMPTIONS
FROM REGISTRATION REQUIREMENTS;
CONFIDENTIAL RECORDS; SECURITIES
MARKET INFORMATION; INTERSTATE
INVESTIGATIONS; CIVIL LIABILITY;
BURDEN OF PROOF.
Code Title 10, Chapter 5 Amended.
No. 1664 (House Bill No. 1169).
AN ACT
To amend Chapter 5 of Title 10 of the Official Code of Georgia
Annotated, relating to securities, so as to provide for orders of
the commissioner of securities assessing certain sanctions
against securities dealers and salesmen for specified misconduct;
to grant an exemption from registration requirements for cer-
tain securities; to declare certain records confidential; to prohibit
use of securities market information by the commissioner or
employees of the commissioner; to provide cooperative enforce-
ment powers in interstate investigations; to declare certain con-
duct in securities transactions unlawful; to revise and enlarge
the administrative sanctions and civil sanctions available to
the commissioner against violators of securities laws; to provide
exceptions from civil liability; to allocate the burden of proof
concerning claims of exemptions; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 5 of Title 10 of the Official Code of
Georgia Annotated, relating to securities, is amended by striking
in its entirety Code Section 10-5-4, relating to the suspension
or revocation of registration of a dealer or salesman, which reads
as follows:
1560 GENERAL ACTS AND RESOLUTIONS, VOL. I
"10-5-4. (a) The registration of any dealer, limited
dealer, salesman, or limited salesman may be suspended or
revoked by the commissioner as provided in subsection (b)
of this Code section if he finds that such registrant and, in
the case of a dealer or limited dealer, any general partner,
limited partner, director, affiliate, or executive officer of such
dealer or limited dealer:
(1) Has willfully made or caused to be made in any
application for registration under this chapter or in any
hearing conducted by the commissioner, any statement
which was, at the time and in the light of the circum-
stances under which it was made, false or misleading
with respect to any material fact or has willfully omitted
to state in any such application any material fact which
is required to be stated therein or necessary in order
to make the statements made, in light of the circum-
stances under which they were made, not misleading;
(2) In the case of a dealer or limited dealer, does
not meet the bonding requirements of this chapter or
is insolvent in the sense that he cannot meet his obliga-
tions as they mature;
(3) Has willfully violated or willfully failed to com-
ply with this chapter or a predecessor Act or any regula-
tion or order promulgated or issued under this chapter
or any predecessor Act;
(4) Has been convicted of a misdemeanor of which
fraud is an essential element or which involves a security
or any aspect of the securities business or has ever been
convicted of a felony;
(5) Is permanently or temporarily enjoined by any
court of competent jurisdiction from engaging in or con-
tinuing any conduct or practice involving any aspect of
the securities business;
(6) Is subject to any currently effective order of the
Securities and Exchange Commission or the securities
GEORGIA LAWS 1986 SESSION
1561
administrator of any other state denying registration to
or revoking or suspending the registration of such person
as a dealer or salesman or is subject to any currently
effective order of any national securities association or
national securities exchange (as defined in the Securities
Exchange Act of 1934, as now or hereafter amended)
suspending or expelling such person from membership
in such association or exchange;
(7) Conducts business in purchasing or selling secu-
rities at such variations from current market prices or
from fair value in the case of securities for which there
is no determinable market value, as, in the light of all
the circumstances, are unconscionable; or
(8) Has failed to file with the commissioner any fi-
nancial statement required pursuant to subsection (c)
of this Code section.
(b) Where the commissioner finds that there are
grounds for revocation or suspension as provided in subsec-
tion (a) of this Code section, he may issue an order suspending
or revoking the registration of any dealer, limited dealer,
salesman, or limited salesman. Such order shall not be effec-
tive until notice and opportunity for hearing are provided
in accordance with Code Section 10-5-16 and until the com-
missioner shall issue a written order in accordance with
subsection (g) of Code Section 10-5-16 if such dealer, limited
dealer, salesman, or limited salesman requests a hearing
under Code Section 10-5-16; but the commissioner may, if
he finds that the public safety or welfare requires emergency
action, order an immediate suspension of the registration
of a dealer, limited dealer, salesman, or limited salesman.
An order of immediate suspension will expire automatically
if the commissioner fails to afford notice and opportunity
for hearing pursuant to Code Section 10-5-16.
Suspension or revocation of the registration of a dealer
or limited dealer shall also suspend or revoke the registra-
tion of all his salesmen or limited salesmen; but suspension
1562
GENERAL ACTS AND RESOLUTIONS, VOL. I
or revocation of the registration of a salesman or limited
salesman solely because he was employed by a dealer or
limited dealer whose registration was suspended or revoked
shall not prejudice subsequent application for registration
by such salesman or limited salesman.
(c) The commissioner may at any time require a dealer
or limited dealer to file with him a financial statement show-
ing the financial condition of such dealer or limited dealer
as of the most recent practicable date, but such financial
statement need not be certified.,
and inserting in its place a new Code Section 10-5-4 to read
as follows:
"10-5-4. (a) The commissioner, by order, may deny,
suspend, or revoke a registration, limit the securities activi-
ties that an applicant or registered person may perform in
this state, bar an applicant or registered person from associa-
tion with a registered dealer or limited dealer, or bar a per-
son who is a partner, officer, director, or a person occupying
a similar status or performing a similar function for an appli-
cant or registered person from employment with a registered
dealer or limited dealer, if the commissioner finds that the
order is in the public interest and that the applicant or regis-
tered person or, in the case of a dealer or limited dealer, a
partner, officer, or director, a person occupying a similar
status or performing similar functions, or a person directly
or indirectly controlling the dealer or limited dealer:
(1) Has filed an application for registration with the
commissioner which, as of its effective date or any date
after filing in the case of an order denying effectiveness,
was incomplete in a material respect or contained a state-
ment that was, in light of the circumstances under which
it was made, false or misleading with respect to a mate-
rial fact;
(2) Has willfully violated or willfully failed to com-
ply with this chapter, a prior enactment, or a rule pro-
mulgated by the commissioner under this chapter or a
prior enactment;
GEORGIA LAWS 1986 SESSION
1563
(3) Is the subject of an adjudication or determina-
tion, after notice and opportunity for hearing, within
the last five years by a securities agency or administrator
of another state or a court of competent jurisdiction that
the person has willfully violated the Securities Act of
1933, the Securities Exchange Act of 1934, the Invest-
ment Advisers Act of 1940, the Investment Company Act
of 1940, the Commodity Exchange Act, or the securities
law of another state, but only if the acts constituting
the violation of that states law would constitute a vio-
lation of this chapter had the acts occurred in this
state;
(4) Within the last ten years has been convicted
of a felony or misdemeanor, which the commissioner
finds:
(A) Involves the purchase or sale of a security,
the taking of a false oath, the making of a false report,
bribery, perjury, burglary, or conspiracy to commit
any of the foregoing offenses;
(B) Arises out of the conduct of business as a
dealer or limited dealer, investment adviser, financial
institution, insurance company, or fiduciary; or
(C) Involves the larceny, theft, robbery, extor-
tion, forgery, counterfeiting, fraudulent concealment,
embezzlement, fraudulent conversion, or misappro-
priation of funds or securities;
(5) Is permanently or temporarily enjoined by a
court of competent jurisdiction from acting as an invest-
ment adviser, underwriter, dealer or limited dealer
or as an affiliated person or employee of an investment
company, depository institution, or insurance com-
pany or from engaging in or continuing conduct or
practice in connection with any of the foregoing ac-
tivities or in connection with the purchase or sale of a
security;
1564
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Is the subject of an order of the commissioner
denying, suspending, or revoking the persons registra-
tion as a dealer or limited dealer or salesman or limited
salesman;
(7) Is the subject of any of the following orders which
are effective at the time of the commissioners order and
were issued within five years before the commissioners
order:
(A) An order by the securities agency or adminis-
trator of another state, a Canadian province or terri-
tory, or the Securities and Exchange Commission, en-
tered after notice and opportunity for hearing,
denying, suspending, or revoking the persons regis-
tration as a dealer or limited dealer, salesman or lim-
ited salesman, or the substantial equivalent of those
terms as defined in this chapter;
(B) A suspension or expulsion from membership
in or association with a member of a self-regulatory
organization registered under the Securities Ex-
change Act of 1934 or the Commodity Exchange
Act;
(C) A United States Postal Service fraud or-
der;
(D) A cease and desist order entered after notice
and opportunity for hearing by the commissioner, the
securities agency or administrator of another state,
a Canadian province or territory, the Securities and
Exchange Commission, or the Commodity Futures
Trading Commission; or
(E) An order by the Commodity Futures Trading
Commission denying, suspending, or revoking regis-
tration under the Commodity Exchange Act;
GEORGIA LAWS 1986 SESSION
1565
(8) Has engaged in unethical or dishonest practices
in the securities business, as defined in the rules and
regulations of the commissioner;
(9) Is insolvent, either in the sense that liabilities
exceed assets or in the sense that obligations cannot be
met as they mature, but the commissioner may not enter
an order against a dealer or limited dealer under this
paragraph without a finding of insolvency as to the dealer
or limited dealer;
(10) Is determined by the commissioner, in compli-
ance with Code Section 10-5-3, not to be qualified on the
basis of the lack of training, experience, and knowledge
of the securities business;
(11) Has failed reasonably to supervise salesmen, lim-
ited salesmen, or employees; or
(12) Has failed to pay the proper filing fee within
30 days after being notified by the commissioner of
a deficiency, but the commissioner shall vacate an or-
der under this paragraph when the deficiency is cor-
rected.
(b) The commissioner may not begin a proceeding on
the basis of a fact or transaction known to the commissioner
when the registration became effective unless the proceed-
ing is begun within 90 days after effectiveness of the registra-
tion.
(c) If the commissioner finds that an applicant or regis-
tered person is no longer in existence; has ceased to do busi-
ness as dealer, salesman, limited dealer, or limited salesman;
is adjudicated mentally incompetent or subjected to the con-
trol of a committee, conservator, or guardian; or cannot be
located after reasonable search, the commissioner, by order,
may deny the application or revoke the registration.
1566
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The commissioner may at any time require a dealer
or limited dealer to file with him a financial statement show-
ing the financial condition of such dealer or limited dealer
as of the most recent practicable date but such financial
statement need not be certified.
Section 2. Said chapter is further amended by striking
in its entirety paragraph (8) of Code Section 10-5-8, relating
to exempt securities, and inserting in its place new paragraphs
(8) and (8.1) to read as follows:
"(8) Securities listed or approved for listing upon notice
of issuance on the New York Stock Exchange, the American
Stock Exchange, the Midwest Stock Exchange, the Pacific
Coast Stock Exchange, the Philadelphia-Baltimore-Washing-
ton Stock Exchange, or any other stock exchange approved
by the commissioner as provided in this paragraph; and all
securities senior or substantially equal in rank to any securi-
ties so listed or approved, any security represented by sub-
scription rights which have been so listed or approved, or
any warrant or right to purchase or subscribe to any of the
foregoing, provided that the commissioner may by writ-
ten order approve any stock exchange in addition to those
specified in this paragraph if he finds that it would
be in the public interest for securities listed on such ex-
change to be exempt under this paragraph and provided
that the commissioner shall have power at any time by
written order to withdraw the approval theretofore so
granted;
(8.1) A security designated or approved for designation
upon issuance as a national market system security by
the National Association of Securities Dealers, Inc., any
other security of the same issuer which is of senior or
substantially equal rank, a security called for by sub-
scription right or warrant so designated, or a warrant
or a right to purchase or subscribe to any of the forego-
ing;.
GEORGIA LAWS 1986 SESSION
1567
Section 3. Said chapter is further amended by adding at
the end of Code Section 10-5-10, relating to the designation of
the Secretary of State as commissioner of securities, three new
subsections, to be designated as subsections (h), (i), and (j), to
read as follows:
"(h) Neither the commissioner, the assistant commis-
sioner, nor any employee of the commissioner may use for
personal gain or benefit information filed with or obtained
by the commissioner which is not public information nor
may the commissioner, assistant commissioner, or any em-
ployee of the commissioner conduct securities dealings based
upon information filed with or obtained by the commissioner,
even though such information is known to the public, if there
has not been a sufficient period for the securities markets
to assimilate the information.
(i) Except as provided in subsection (j) of this Code sec-
tion, information and documents filed with or obtained by
the commissioner are public information and are available
for public examination.
(j) The following information and documents do not con-
stitute public information under subsection (i) of this Code
section and shall be confidential:
(1) Information or documents obtained by the com-
missioner in connection with an investigation under Code
Section 10-5-11;
(2) Information or documents filed with the commis-
sioner in connection with a registration statement or
exemption filing under this chapter which constitute
trade secrets or commercial or financial information of
a person for which that person is entitled to and has
asserted a claim of confidentiality or privilege authorized
by law; and
(3) Any document or record specifically designated
as confidential in accordance with this chapter or the
1568
GENERAL ACTS AND RESOLUTIONS, VOL. I
rules and regulations promulgated under this chap-
ter.
Section 4. Said chapter is further amended by striking
in its entirety Code Section 10-5-11, relating to investigations,
subpoenas, and hearings by the commissioner of securities, and
inserting in its place a new Code Section 10-5-11 to read as
follows:
"10-5-11. (a) The commissioner, at his discretion:
(1) May make such public or private investigations
within or outside of this state as he deems necessary
to determine whether any person has violated or is about
to violate this chapter or any rule, regulation, or order
under this chapter or to aid in the enforcement of this
chapter or in the prescribing of rules and regulations
hereunder;
(2) May require or permit any person to file a state-
ment in writing, under oath or otherwise as the commis-
sioner determines, as to all the facts and circumstances
concerning the matter to be investigated; and
(3) May publish information concerning any viola-
tion of this chapter or any rule, regulation, or order under
this chapter.
(b) (1) For the purpose of conducting any investigation
as provided in this Code section, the commissioner shall
have the power to administer oaths, to call any party
to testify under oath at such investigations, to require
the attendance of witnesses, to require the production
of books, records, and papers, and to take the depositions
of witnesses; and for such purposes the commissioner
is authorized to issue a subpoena for any witness or a
subpoena for the production of documentary evidence.
Said subpoenas may be served by registered or certified
mail, return receipt requested, to the addressees busi-
GEORGIA LAWS 1986 SESSION
1569
ness mailing address or by investigators appointed by
the commissioner or shall be directed for service to the
sheriff of the county where such witness resides or is
found or where the person in custody of any books,
records, or papers resides or is found. The fees and mile-
age of the sheriff, witness, or person shall be paid from
the funds in the state treasury for the use of the commis-
sioner in the same manner that other expenses of the
commissioner are paid.
(2) The commissioner may issue and apply to en-
force subpoenas in this state at the request of a securities
agency or administrator of another state if the activities
constituting an alleged violation for which the informa-
tion is sought would be a violation of this chapter if the
activities had occurred in this state.
(c) In case of refusal to obey a subpoena issued under
any Code section of this chapter to any person, a superior
court of appropriate jurisdiction, upon application by the
commissioner, may issue to the person an order requiring
him to appear before the court to show cause why he should
not be held in contempt for refusal to obey the subpoena.
Failure to obey a subpoena may be punished by the court
as contempt of court.
(d) (1) The commissioner may, with the approval of
the Attorney General, issue to any person who has been
or may be called to a hearing or other proceeding
under this chapter a written order requiring the in-
dividual to give testimony or provide other informa-
tion which he refuses to give or provide on the basis
of his privilege against self-incrimination. Such order
shall be issued only if the commissioner shall find
that:
(A) The testimony or other information from
such individual may be in the public interest; and
(B) Such individual has refused or is likely
to refuse to testify or provide other information
1570
GENERAL ACTS AND RESOLUTIONS, VOL. I
on the basis of his privilege against self-incrimina-
tion.
(2) Whenever any witness refuses, on the basis of
his privilege against self-incrimination, to testify or pro-
vide other information at any hearing or other proceed-
ing under this chapter and the person presiding over
the proceeding delivers to the witness a written order
issued under paragraph (1) of this subsection, the witness
may not refuse to comply with the order on the basis
of his privilege against self-incrimination; but no testi-
mony or other information compelled under the order
as to which the witness could validly assert his privilege
against self-incrimination (or any information directly
or indirectly derived from such testimony or other infor-
mation) may be used against the witness in any criminal
case, except a prosecution for perjury, false swearing,
giving a false statement to the commissioner pursuant
to this chapter, or otherwise failing to comply with the
order.
(e) In the case of any investigation conducted under
this Code section, the commissioner may hold hearings or
he may appoint an investigative agent to conduct the hear-
ings who shall have the same powers and authority in con-
ducting the hearings as are in this Code section granted to
the commissioner. The agent shall possess such qualifications
as the commissioner may require. A transcript of the testi-
mony and evidence and objections resulting from such hear-
ings shall be taken unless waived in writing by all parties
present at the hearings. Copies of the transcript shall be
available to all parties present at the hearing upon payment
of a reasonable expense of reproducing the transcript. All
recommendations of the investigative agent shall be advisory
only and shall not have the effect of an order of the commis-
sioner.
(f) In any case where hearings are conducted by an
investigative agent, he shall submit to the commissioner a
GEORGIA LAWS 1986 SESSION
1571
written report, including the transcript of the testimony in
evidence (if requested by the commissioner), the findings of
the hearing, and a recommendation of the action to be taken
by the commissioner. The recommendation of the agent shall
be approved, modified, or disapproved by the commissioner.
The commissioner may direct an investigative agent to take
additional testimony or permit introduction of further docu-
mentary evidence.
(g) In addition to any other hearings and investigations
which the commissioner is authorized or required by this
chapter to hold, the commissioner is also authorized to hold
general investigative hearings on his own motion with re-
spect to any matter under this chapter. A general investiga-
tive hearing as provided for in this subsection may be con-
ducted by any person designated by the commissioner for
that purpose and may, but need not be, transcribed by the
commissioner or by any other interested party. No formal
action may be taken as a result of such investigative hearing;
but the commissioner may take such action as he deems
appropriate, based on the information developed in the
hearing and on any other information which he may
have.
(h) To encourage uniform interpretation and adminis-
tration of this chapter and effective securities regulation
and enforcement, the commissioner may cooperate with the
securities agencies or administrators of one or more states,
Canadian provinces or territories, or another country, the
Securities and Exchange Commission, the Commodity Fu-
tures Trading Commission, the Securities Investor Protec-
tion Corporation, any self-regulatory organization, any na-
tional or international organization of securities officials or
agencies, and any governmental law enforcement or regula-
tory agency. Said cooperation includes, but is not limited
to, the following actions:
(1) Making a joint registration examination or in-
vestigation;
1572
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Holding a joint administrative hearing;
(3) Filing and prosecuting a joint civil or administra-
tive proceeding;
(4) Sharing and exchanging personnel;
(5) Sharing and exchanging information and docu-
ments subject to the restrictions of subsection (i) of this
Code section; and
(6) Formulating, in accordance with chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act,
rules or proposed rules on matters such as statements
of policy, guidelines, and interpretative opinions and re-
leases.
(i) The commissioner may disclose information obtained
in connection with an investigation under this Code section
to the extent provided in this Code section and if disclosure
is for the purpose of a civil, administrative, or criminal inves-
tigation or proceeding by a securities agency or law enforce-
ment agency and the receiving agency represents that,
under the applicable law, protections exist to preserve
the integrity, confidentiality, and security of the informa-
tion.
Section 5. Said chapter is further amended by striking
in its entirety Code Section 10-5-12, relating to unlawful prac-
tices in securities, and inserting in its place a new Code Section
10-5-12 to read as follows:
"10-5-12. (a) It shall be unlawful for any person:
(1) To offer to sell or to sell any security in violation
of Code Section 10-5-3,10-5-5, or 10-5-19 or any rule, regu-
lation, or order promulgated or issued by the commis-
sioner under this chapter;
GEORGIA LAWS 1986 SESSION
1573
(2) In connection with an offer to sell, sale, offer
to purchase, or purchase of any security, directly or indi-
rectly:
(A) To employ a device, scheme, or artifice to
defraud;
(B) To make an untrue statement of a material
fact or omit to state a material fact necessary in order
to make the statements made, in the light of the cir-
cumstances under which they are made, not mislead-
ing; or
(C) To engage in an act, practice, or course of
business that operates or would operate as a fraud
or deceit upon a person;
(3) To offer or sell any security:
(A) Registered under subsection (b) of Code Sec-
tion 10-5-5 by means of any prospectus except a pro-
spectus which complies with paragraph (3) of subsec-
tion (b) of Code Section 10-5-5;
(B) Registered under subsection (e) of Code Sec-
tion 10-5-5 by means of any prospectus except a pro-
spectus which complies with paragraph (3) of subsec-
tion (e) of Code Section 10-5-5; or
(C) Registered under subsection (f) of Code Sec-
tion 10-5-5 by means of any prospectus except a pro-
spectus which complies with paragraph (4) of subsec-
tion (f) of Code Section 10-5-5; or
(4) In connection with the sale of any securities reg-
istered under this chapter:
(A) To make any representation concerning any
future sales of securities of the same class by the
1574
GENERAL ACTS AND RESOLUTIONS, VOL. I
issuer at a price higher than the current offering
price; or
(B) To make any representations as to the future
existence of any public market for the securities of-
fered for sale.
(b) It shall be unlawful for any person to make to any
prospective purchaser, customer, or client any representa-
tion that the filing or effectiveness of a registration state-
ment or the registration of any security under Code Section
10-5-5 or the existence of any exemption for any security
or transaction means that the commissioner has passed in
any way upon the truth, completeness, or accuracy of such
registration statement or the merits of such security or has
recommended or given approval to such security or transac-
tion.
(c) It shall be unlawful for any person who:
(1) Is a dealer, limited dealer, salesman, or limited
salesman under this chapter;
(2) Is making an application for registration as a
dealer, limited dealer, salesman, or limited salesman un-
der this chapter;
(3) Is an issuer which has filed a registration state-
ment with respect to securities it intends to issue; of
(4) Is an affiliate of any of the persons described
in paragraph (1), (2), or (3) of this subsection
knowingly to cause to be made, in any document filed with
the commissioner or in any proceeding under this chapter,
any statement which is, at the time it is made and in light
of the circumstances under which it is made, false or mislead-
ing in any material respect.
GEORGIA LAWS 1986 SESSION
1575
(d) Without limiting the general applicability of subsec-
tions (a), (b), and (c) of this Code section, it shall be unlawful
to:
(1) Quote a fictitious price with respect to a security;
(2) Effect a transaction in a security which involves
no change in the beneficial ownership of the security
for the purpose of creating a false or misleading appear-
ance of active trading in a security or with respect to
the market for the security;
(3) Enter an order for the purchase of a security
with the knowledge that an order of substantially the
same size and at substantially the same time and price
for the sale of the security has been, or will be, entered
by or for the same, or affiliated, person for the purpose
of creating a false or misleading appearance of active
trading in a security or with respect to the market for
the security;
(4) Enter an order for the sale of a security with
the knowledge that an order at substantially the same
time and price for the purchase of the security has been,
or will be, entered by or for the same, or affiliated, person
for the purpose of creating a false or misleading appear-
ance of active trading in a security or with respect to
the market for the security; or
(5) Employ any other deceptive or fraudulent device,
scheme, or artifice to manipulate the market in a secu-
rity.
(e) Transactions effected in compliance with the appli-
cable provisions of the Securities Exchange Act of 1934 and
the rules and regulations of the Securities and Exchange
Commission thereunder shall not be deemed to constitute
market manipulation under subsection (d) of this Code sec-
tion.
1576
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. Said chapter is further amended by striking
in their entirety paragraphs (1) and (2) of subsection (a) of Code
Section 10-5-13, relating to stop orders and injunctions against
violators, which read as follows:
"(1) Issue an order, if he deems it to be appropri-
ate in the public interest or for the protection of in-
vestors, prohibiting such person from continuing such
act, practice, or transaction, subject to the right of
such person to a hearing as provided in Code Section
10-5-16;
(2) Apply to any superior court of competent juris-
diction in this state for an injunction restraining such
person and his agents, employees, partners, officers, and
directors from continuing such act, practice, or transac-
tion or engaging therein or doing any acts in furtherance
thereof and for appointment of a receiver or an auditor
and such other and further relief as the facts may war-
rant; or,
and inserting in their place new paragraphs (1) and (2) to read
as follows:
"(1) Impose administrative sanctions as provided in
this paragraph:
(A) Subject to notice and opportunity for hear-
ing in accordance with Code Section 10-5-16, unless
the right to notice is waived by the person against
whom the sanction is imposed, the commissioner
may:
(i) Issue a cease and desist order against any
person;
(ii) Censure the person if the person is regis-
tered as an issuer, dealer, limited dealer, sales-
man, or limited salesman;
(iii) Bar or suspend the person from associa-
tion with a registered dealer or a limited dealer
in this state; or
GEORGIA LAWS 1986 SESSION
1577
(iv) Issue an order against an applicant, reg-
istered person, or other person who willfully vio-
lates this chapter, imposing a civil penalty up to
a maximum of $2,500.00 for a single violation or
up to $25,000.00 for multiple violations in a single
proceeding or a series of related proceedings;
(B) Imposition of the sanctions under this para-
graph is limited as follows:
(i) If the commissioner revokes the registra-
tion of a dealer, limited dealer, salesman, or lim-
ited salesman or bars a person from association
with a registered dealer or limited dealer under
subparagraph (A) of this paragraph, the imposi-
tion of that sanction precludes imposition of the
sanction specified in division (iv) of subparagraph
(A) of this paragraph; and
(ii) The imposition by the commissioner of
one or more sanctions under this paragraph with
respect to a specific violation precludes the com-
missioner from later imposing any other sanctions
under this paragraph with respect to the viola-
tion;
(C) For the purpose of determining the amount
or extent of a sanction, if any, to be imposed under
subparagraph (A) of this paragraph, the commis-
sioner shall consider, among other factors, the fre-
quency, persistence, and willfulness of the conduct
constituting a violation of this chapter or a rule pro-
mulgated thereunder or an order of the commis-
sioner, the number of persons adversely affected by
the conduct, and the resources of the person commit-
ting the violation;
(2) Seek civil sanctions by applying to any supe-
rior court of competent jurisdiction in this state, which
court:
(A) Upon a showing by the commissioner that
a person has violated this chapter, a rule promulgated
1578
GENERAL ACTS AND RESOLUTIONS, VOL. I
thereunder, or an order of the commissioner, may
enter or grant:
(i) A temporary restraining order, perma-
nent or temporary injunction, or a writ of prohi-
bition or mandamus;
(ii) A civil penalty up to a maximum of
$2,500.00 for a single violation or up to $25,000.00
for multiple violations in a single proceeding or
a series of related proceedings;
(iii) A declaratory judgment;
(iv) Restitution to investors;
(v) The appointment of a receiver, auditor,
or conservator for the defendant or the defen-
dants assets;
(vi) An order of disgorgement; or
(vii) Other relief as the court deems just and
equitable;
(B) May, upon a showing by the commissioner
that the defendant is about to violate this chapter,
a rule promulgated thereunder, or an order of the
commissioner, issue:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction;
(iii) A writ of prohibition or mandamus; or
(iv) Such other relief as the court deems just
and equitable;
GEORGIA LAWS 1986 SESSION
1579
(C) In determining the appropriate relief to
grant, shall consider enforcement action taken and
sanctions imposed by the commissioner under para-
graph (1) of this subsection in connection with the
transaction or transactions constituting a violation
of this chapter, a rule promulgated thereunder, or
an order of the commissioner; and
(D) Upon a showing by the securities agency or
administrator of another state that a person has vio-
lated the securities act of that state, a rule promul-
gated thereunder, or an order of said agency or ad-
ministrator, in addition to any other legal or
equitable remedies, may impose one or more of the
following remedies:
(i) The appointment of a receiver, auditor,
conservator, or ancillary receiver or conservator
for the defendant or the defendants assets located
in this state; and
(ii) Such other relief as the court deems just
and equitable; or.
Section 7. Said chapter is further amended by striking
in its entirety subsection (a) of Code Section 10-5-14, relating
to civil liability from the sale of securities, and inserting in
its place a new subsection (a) to read as follows:
"(a) Any person who violates subsection (a) of Code Sec-
tion 10-5-12 shall be liable to the person buying such security;
and such buyer may sue in any court of competent jurisdic-
tion to recover the consideration paid in cash (or the fair
value thereof at the time the consideration was paid if such
consideration was not paid in cash) for the security with
interest thereon from the date of payment down to the date
of repayment as computed in paragraph (1) of subsection
(c) of this Code section (less the amount of any income re-
ceived thereon), together with all taxable court costs and
1580
GENERAL ACTS AND RESOLUTIONS, VOL. I
reasonable attorneys fees, upon the tender, where practica-
ble, of the security at any time before the entry of judgment,
or for damages if he no longer owns the security. Damages
are the amount which equals the difference between the
fair value of the consideration the buyer gave for the security
and the fair value of the security at the time the buyer
disposed of it, plus interest thereon from the date of payment
down to the date of repayment as computed in paragraph
(2) of subsection (c) of this Code section. A person who offers
or sells a security in violation of paragraph (2) of subsection
(a) of Code Section 10-5-12 is not liable under this subsection
if:
(1) The purchaser knew of the untrue statement of
a material fact or omission of a statement of a material
fact; or
(2) The seller did not know and in the exercise of
reasonable care could not have known of the untrue
statement or misleading omission.
Section 8. Said chapter is further amended by striking
in their entirety subsections (a) and (b) of Code Section 10-5-
22, relating to the burden of proving exemptions and to certain
certificates as evidence, which read as follows:
"(a) In any action, civil or criminal, where a defense
is based upon any exemption provided for in this chapter,
the burden of proving the existence of the exemption shall
be upon the party raising such defense.
(b) In any action, civil or criminal, a certificate signed
and sealed by the commissioner, stating compliance or non-
compliance with this chapter, shall constitute prima-facie
evidence of such compliance or noncompliance with this
chapter and shall be admissible in any such action.,
and inserting in their place new subsections (a) and (b) to read
as follows:
"(a) In a civil or administrative proceeding under this
chapter, a person claiming an exemption or an exception
GEORGIA LAWS 1986 SESSION
1581
from a definition has the burden of proving this exemption
or exception.
(b) In a criminal proceeding, the burden of going for-
ward with evidence of a claim of exemption or exception
from a definition is on the person claiming the exemption
or exception.
Section 9. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
PROBATE COURTS JUDGES; QUALIFICATIONS IN
COUNTIES OF MORE THAN 100,000; VACANCIES IN ANY
COUNTY; CHIEF CLERKS.
Code Sections 15-9-4, 15-9-11.1, and 15-9-36 Amended.
No. 1665 (House Bill No. 1246).
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 provi-
sions relating to additional eligibility requirements for probate
judges in certain counties; to change the provisions relating
to the filling of vacancies in the offices of the judge of probate
court in certain counties; to provide that in counties where a
chief clerk of the probate judge has been appointed, if such
clerk meets the qualifications of office for probate judge, such
chief clerk shall assume the duties of the office of the judge of
the probate court upon the death, resignation, incapacity, or
inability of such judge; to provide for terms of service and com-
pensation of chief clerks serving in the capacity of probate
judges; to provide for elections to fill vacancies; to provide au-
thority for the appointment of chief clerks of the probate judges;
1582
GENERAL ACTS AND RESOLUTIONS, VOL. I
to provide for the duties and authority of chief clerks of the
probate judges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of
Georgia Annotated, relating to probate courts, is amended by
striking in its entirety subsection (a) of Code Section 15-9-4,
relating to additional eligibility requirements for probate judges
in certain counties, and inserting in lieu thereof a new subsec-
tion (a) to read as follows:
"(a) In all counties of this state having a population
of more than 100,000 according to the United States decen-
nial census of 1970 or any future such census, no person
shall be judge of the probate court unless at the time of
his election, in addition to the qualifications required by
law, he has attained the age of 30 years and either has prac-
ticed law or participated in the writing or passage of law
for three years preceding his election or has served for at
least five years as a clerk of the probate court, which service
has been continuous and immediately prior to his election
as judge of the probate court.
Section 2. Said chapter is further amended by striking
Code Section 15-9-11.1 in its entirety and inserting in lieu
thereof a new Code Section 15-9-11.1 to read as follows:
"15-9-11.1. Notwithstanding the provisions of Code Sec-
tions 15-9-10 and 15-9-11, in any county in which a chief
clerk of the probate judge has been appointed pursuant to
Code Section 15-9-36 and said chief clerk meets all qualifica-
tions for the office of probate judge, the chief clerk of the
probate judge shall assume the duties of the office of the
judge of the probate court upon the death, resignation, inca-
pacity, or inability of such judge of the probate court of
any such county to serve. Such chief clerk of the probate
judge shall serve until such time as the incapacity or inabil-
ity of such judge is removed or until January 1 following
the next succeeding general election, whichever occurs first.
The chief clerk of the probate judge shall receive no addi-
tional compensation for performing the duties of such judge
GEORGIA LAWS 1986 SESSION
1583
except in cases involving the death or resignation of such
judge, in which case the chief clerk of the probate judge
shall receive the same compensation, paid in the same man-
ner, as such judge would have received. If the next succeed-
ing general election is not one at which county officers are
elected and unless the incapacity or inability of such judge
is removed prior to such election, a duly qualified person
shall be elected judge at a special election held at the same
time as the general election. The person so elected shall
take office on January 1 following such election and shall
serve for the remainder of the unexpired term of office.
Section 3. Said chapter is further amended by striking
Code Section 15-9-36 in its entirety and inserting in lieu thereof
a new Code Section 15-9-36 to read as follows:
"15-9-36. (a) The judges of the probate courts are, by
virtue of their offices, clerks of their own courts; but they
may, at their own expense, appoint one or more clerks, for
whose conduct they are responsible, who hold their offices
at the pleasure of the judge. The judges of the probate courts
shall also have the authority to appoint one of their clerks
as chief clerk of the probate judge unless otherwise provided
by local law.
(b) The appointed clerks, including the chief clerk of
the probate judge, may do all acts the judges of the probate
courts could do which are not judicial in their nature and
may act for judges of the probate courts in those cases in
which they are authorized to act for the judge by Code Sec-
tion 15-9-13. The chief clerk of the probate judge shall also
have the authority prescribed in Code Section 15-9-11.1.
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
1584
GENERAL ACTS AND RESOLUTIONS, VOL. I
SALES AND USE TAXES HEARING AIDS; EXEMPTION.
Code Section 48-8-3 Amended.
No. 1666 (House Bill No. 1270).
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 that the sale and use of hearing aids 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 Geor-
gia Annotated, relating to exemptions from sales and use taxa-
tion, is amended by striking the word "or at the end of para-
graph (47), by replacing the period at the end of paragraph
(48) with the symbol and word ; or, and by adding a new
paragraph (49) to read as follows:
"(49) The sale or use of hearing aids.
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1585
CHILD CUSTODY PROCEEDINGS AGREEMENTS
BETWEEN PARENTS REGARDING CUSTODY ISSUES.
Code Section 19-9-5 Enacted.
No. 1667 (House Bill No. 377).
AN ACT
To amend Article 1 of Chapter 9 of Title 19 of the Official
Code of Georgia Annotated, relating to general provisions affect-
ing child custody proceedings, so as to provide that, in proceed-
ings between parents, an agreement regarding custody issues
may be presented to the court; to provide for ratification of
such agreement except under certain conditions; to authorize
the court to supplement the agreement under certain conditions;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 19 of the Official
Code of Georgia Annotated, relating to general provisions affect-
ing child custody proceedings, is amended by adding at the end
of said article a new Code section, to be designated Code Section
19-9-5, to read as follows:
"19-9-5. (a) In all proceedings under this article be-
tween parents, it shall be expressly permissible for the par-
ents of a minor child to present to the court an agreement
respecting any and all issues concerning custody of the minor
child. As used in this Code section, the term 'custody shall
not include payment of child support.
(b) The court shall ratify the agreement and make such
agreement a part of the courts final judgment in the proceed-
ings unless the court makes specific factual findings that
the agreement would not be in the best interests of the child
or children.
(c) In its judgment, the court may supplement the agree-
ment on issues not covered by such agreement.
1586
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
COUNTIES BUSINESS AND OCCUPATIONAL LICENSE
TAXES AND FEES IN UNINCORPORATED AREAS;
ORDINANCES; PENALTIES.
Code Section 36-1-21 Enacted.
No. 1668 (House Bill No. 477).
AN ACT
To amend Chapter 1 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions applicable to counties,
so as to authorize counties to levy, assess, and collect certain
business and occupational license taxes and fees in the unincor-
porated areas of such counties; to provide for construction; to
provide for certain exemptions; to provide for ordinances and
to authorize punishment for the violation of such ordinances;
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 36 of the Official Code of
Georgia Annotated, relating to general provisions applicable
to counties, is amended by adding at the end thereof a new
Code Section 36-1-21 to read as follows:
"36-1-21. (a) This Code section shall apply to each
county electing to use the authority of this Code section,
but it shall not be construed to repeal or supersede any
local Act or ordinance or resolution adopted pursuant
GEORGIA LAWS 1986 SESSION
1587
thereto relating to the authority of a specific county to levy
business license fees or taxes, unless the governing authority
of such county, by ordinance or resolution, elects to use the
authority of this Code section rather than the authority pro-
vided by said local Act.
(b) The governing authority of any county is authorized
to levy, assess, and collect business and occupational license
taxes and license fees from all persons, firms, and corpora-
tions doing business in the unincorporated area of said
county, except those businesses specifically exempted by this
Code section.
(c) The following businesses shall be exempt from taxes
and fees authorized to be imposed pursuant to the authority
of this Code section:
(1) Those businesses regulated by the Georgia Public
Service Commission;
(2) Those electrical service businesses organized un-
der Chapter 3 of Title 46 of this Code; and
(3) Those businesses upon which local license taxes
or license fees are imposed under other general laws of
this state authorizing such local license taxes and license
fees, unless such other general laws specifically authorize
local license taxes and license fees other than those to
which such general laws specifically relate.
(d) The governing authority of any county electing to
use the authority of this Code section is authorized to classify
businesses and to assess different taxes and fees against dif-
ferent classes of businesses being carried on in the unincorpo-
rated area of such county.
(e) The governing authority of any county electing to
use the authority of this Code section is authorized to enact
ordinances to implement and carry out such authority and
to provide for the punishment of violations of such ordi-
nances.
(f) Nothing in this Code section shall apply to, or autho-
rize the governing authority of any county to exercise any
1588
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the powers conferred by this Code section over, any farm
operation for the production from or on the land of agricul-
tural products, but not including any agribusiness.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
CRIMINAL PROCEDURE BONDS AND RECOGNIZANCES;
RELEASE OF SURETY; FORFEITURE; DEPOSITS;
REMISSION ON FORFEITURE.
Code Sections 17-6-31, 17-6-70, 17-6-71, and 17-6-72 Amended.
No. 1669 (House Bill No. 748).
AN ACT
To amend Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to bonds and recognizances, so as to provide
additional conditions for the release of a surety from liability;
to provide when a forfeiture occurs; to provide for deposits of
bond amounts into the registry of the court in certain cases;
to provide for disbursements from the registry at the conclusion
of a forfeiture proceeding; to provide for the remission of forfei-
ture under certain conditions; to provide for such conditions;
to provide for applications for remission; 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 6 of Title 17 of the Official Code of
Georgia Annotated, relating to bonds and recognizances, is
amended by striking Code Section 17-6-31, relating to the proce-
GEORGIA LAWS 1986 SESSION
1589
dure for the surrender of the principal on a surety bond, in
its entirety and substituting in lieu thereof a new Code Section
17-6-31 to read as follows:
"17-6-31. When the court is not in session, a surety on
a bond may surrender the suretys principal to the sheriff
in order to be released from liability. When the court is in
session, a surety on a bond may surrender the suretys princi-
pal in open court and the principal shall be considered sur-
rendered by plea of guilty or nolo contendere to the court
or if the principal is present in person when the jury or
judge, if tried without a jury, finds the principal guilty and,
upon such plea or finding of guilty, the surety shall be re-
leased from liability. If the principal does not appear by
the end of the day on which the principal was bound to
appear, forfeiture proceedings shall be initiated. The death
of the principal shall be equivalent to a surrender.
Section 2. Said chapter is further amended by striking
in its entirety Code Section 17-6-70, relating to the commence-
ment of forfeiture proceedings, and inserting in its place a new
Code Section 17-6-70 to read as follows:
"17-6-70. A bond forfeiture occurs immediately upon
the failure of appearance of a principal of any bond or recog-
nizance given for the appearance of that person.
Section 3. Said chapter is further amended by striking
in its entirety Code Section 17-6-71, relating to execution hear-
ings on bonds, and inserting in its place a new Code Section
17-6-71 to read as follows:
"17-6-71. (a) The judge shall upon the failure to appear
order an execution hearing for a date not later than 90 days
after the failure to appear. In addition to a hearing date,
the judge shall order that the bond amount be deposited
into the registry of the court within 45 days following the
date of the order. Notice of the hearing shall be mailed by
first-class mail by the clerk of court to the principal and
to each surety at the addresses given on the bond.
(b) If at the hearing it is determined that the bond
should be forfeited, the judge shall so order and, after render-
1590
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing such judgment of forfeiture, an execution on the order
shall immediately be issued upon the bond amount. In the
event that the bond amount is not so forfeited, it shall be
returned from the registry of the court to the principal or
the surety, whomever made such deposit.
(c) Upon the denial of the application under subsection
(e) of Code Section 17-6-72 or after the passage of 120 days
from the date of a failure to appear, if no application is
pending, any bond amounts which have been paid into the
registry of the court shall be paid over by the clerk to the
fines and forfeitures fund.
Section 4. Said chapter is further amended by adding at
the end of Code Section 17-6-72, relating to the judgment of
forfeiture of appearance bonds, a new subsection (e) to read
as follows:
"(e) (1) On application filed within 120 days from for-
feiture, the court shall order remission if it determines
that there was no breach of the bond.
(2) Provided the bond amount has been paid into
the registry of the court and there has been no breach
of the terms of the bond, if the defendant surrenders
or is apprehended within 90 days after forfeiture and
the delay has not prevented the proper prosecution of
the defendant, the court, on motion at a hearing upon
notice having been given to the prosecuting attorney as
required by paragraph (4) of this subsection, may direct
remission of a maximum of 90 percent of a forfeiture
if the surety apprehended and surrendered the defendant
or if the apprehension or surrender of the defendant was
substantially procured or caused by the surety.
(3) Remission of a forfeiture shall not be ordered
for any reason other than those specified in this subsec-
tion.
(4) The prosecuting attorney must be given at least
20 days notice before a hearing is held on the application
for remission and must be furnished with a copy of the
application along with the affidavits and other documen-
GEORGIA LAWS 1986 SESSION
1591
tation and evidence supporting such application. Remis-
sion shall be granted on the condition of the payment
of costs by the surety unless the ground for remission
is that there was no breach of the bond as provided in
paragraph (1) of this subsection.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
CIVIL PRACTICE COURT COSTS; ATTORNEYS FEES
AND EXPENSES OF LITIGATION IN CASES HAVING A
COMPLETE ABSENCE OF ANY JUSTICIABLE ISSUE;
APPEALS.
Code Section 5-6-35 Amended.
Code Section 9-15-14 Enacted.
No. 1670 (House Bill No. 1146).
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 in any
civil action in any court reasonable attorneys fees and expenses
of litigation shall be awarded to any party against whom another
party has asserted a claim, defense, or other position with re-
spect to which there existed such a complete absence of any
justiciable issue of law or fact that it could not be reasonably
believed that a court would accept the asserted claim, defense,
or other position; to provide that such attorneys fees and ex-
penses may be awarded under certain other circumstances; to
provide that such costs may be awarded against a party, a partys
attorney, or both and shall constitute a money judgment; to
provide for an automatic repeal; to amend Code Section 5-6-35
of the Official Code of Georgia Annotated, relating to appeal
1592
GENERAL ACTS AND RESOLUTIONS, VOL. I
by application, so as to provide for appeals of awards of attor-
neys fees and expenses of litigation; 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 pur-
poses.
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
a new Code Section 9-15-14 to read as follows:
"9-15-14. (a) In any civil action in any court of record
of this state, reasonable and necessary attorneys fees and
expenses of litigation shall be awarded to any party against
whom another party has asserted a claim, defense, or other
position with respect to which there existed such a complete
absence of any justiciable issue of law or fact that it could
not be reasonably believed that a court would accept the
asserted claim, defense, or other position. Attorneys fees
and expenses so awarded shall be assessed against the party
asserting such claim, defense, or other position, or against
that partys attorney, or against both in such manner as
is just.
(b) The court may assess reasonable and necessary at-
torneys fees and expenses of litigation in any civil action
in any court of record if, upon the motion of any party or
the court itself, it finds that an attorney or party brought
or defended an action, or any part thereof, that lacked sub-
stantial justification or that the action, or any part thereof,
was interposed for delay or harassment, or if it finds that
an attorney or party unnecessarily expanded the proceeding
by other improper conduct, including, but not limited to,
abuses of discovery procedures available under Chapter 11
of this title, the 'Georgia Civil Practice Act. As used in this
Code section, Tacked substantial justification means sub-
stantially frivolous, substantially groundless, or substan-
tially vexatious.
(c) No attorney or party shall be assessed attorneys
fees as to any claim or defense which the court determines
GEORGIA LAWS 1986 SESSION
1593
was asserted by said attorney or party in a good faith attempt
to establish a new theory of law in Georgia if such new
theory of law is based on some recognized precedential or
persuasive authority.
(d) Attorneys fees and expenses of litigation awarded
under this Code section shall not exceed amounts which are
reasonable and necessary for defending or asserting the
rights of a party.
(e) Attorneys fees and expenses under this Code section
may be requested by motion within 45 days after the final
disposition of the action.
(f) An award of reasonable and necessary attorneys
fees or expenses of litigation under this Code section shall
be determined by the court without a jury and shall be made
by an order of court which shall constitute and be enforce-
able as a money judgment.
(g) This Code section shall be repealed effective July
1, 1989, and shall not apply to claims, defenses, or other
positions first raised thereafter but shall continue to apply
to claims, defenses, and positions first raised prior to said
date.
Section 2. Code Section 5-6-35 of the Official Code of Geor-
gia Annotated, relating to appeal by application, is amended
by striking the word "and at the end of paragraph (8) of subsec-
tion (a), by replacing the period at the end of paragraph (9) of
subsection (a) with the symbol and word and, and by adding
a new paragraph (10) of subsection (a) to describe a case in
which application for appeal is required and to read as follows:
"(10) Appeals from awards of attorneys fees or ex-
penses of litigation under Code Section 9-15-14.
Section 3. This Act shall become effective July 1, 1986.
The provisions of this Act shall apply to actions filed or presented
for filing on or after July 1, 1986. In addition, this Act shall
apply to any action pending on July 1, 1986, with respect to
any claim, defense, or other position which is first raised in
the action on or after July 1, 1986.
1594
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
CORONERS RELEASE OF MEDICAL RECORDS TO
CORONERS OF OTHER STATES; SUBPOENAS FOR
PRODUCTION OF BOOKS, RECORDS, OR PAPERS;
CONFIDENTIAL INFORMATION; COSTS.
Code Sections 45-16-27 and 45-16-34 Amended.
Code Section 45-16-10 Enacted.
No. 1671 (House Bill No. 1329).
AN ACT
To amend Chapter 16 of Title 45 of the Official Code of Geor-
gia Annotated, relating to coroners, so as to provide for the
release of certain medical records and other information to
coroners of other states under certain circumstances; to provide
that when a coroner is conducting an investigation or an inquest
into the death of an individual, such coroner shall be authorized
to issue subpoenas to compel the production of certain books,
records, or papers; to provide that certain information shall
be confidential; to provide for certain costs; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 16 of Title 45 of the Official Code of
Georgia Annotated, relating to coroners, is amended by adding
at the end of Article 1 a new Code Section 45-16-10 to read as
follows:
"45-16-10. Records, papers, or reports concerning the
death of a person on file at any hospital, nursing home, or
GEORGIA LAWS 1986 SESSION
1595
other medical facility in this state shall be available to a
coroner of another state if such person was a resident of
or buried in the county of such coroner in such other state.
The release of such records to the coroner of another state
shall not be prohibited by Article 4 of Chapter 18 of Title
50.
Section 2. Said chapter is further amended by adding at
the end of Code Section 45-16-27 a new subsection (c) to read
as follows:
"(c) When a coroner conducts an investigation into the
death of an individual, he shall be authorized to issue subpoe-
nas to compel the production of any books, records, or papers
relevant to the cause of death. Any books, records, or papers
received by the coroner pursuant to the subpoena must be
regarded as confidential information and privileged and not
subject to disclosure under Article 4 of Chapter 18 of Title
50. The actual costs of copying any books, records, or papers
for the purposes of responding to a coroners subpoena under
this subsection shall be paid out of county funds to the person
or entity required to respond to that subpoena, and the gov-
erning authority of the county of which that coroner is a
public officer shall pay those costs within 30 days after a
bill therefor is submitted to the county.
Section 3. Said chapter is further amended by striking
Code Section 45-16-34 in its entirety and inserting in lieu thereof
a new Code Section 45-16-34 to read as follows:
"45-16-34. (a) The coroner shall issue subpoenas to or
otherwise compel the attendance of witnesses; and he shall
administer to such witnesses the following oath:
'The evidence that you shall give this inquest on be-
half of the state concerning the death of______________
(or a person unknown, as the case may be) shall be the
truth, the whole truth, and nothing but the truth, so
help you God.
(b) When a coroner conducts an inquest into the death
of an individual, he shall be authorized to issue subpoenas
1596
GENERAL ACTS AND RESOLUTIONS, VOL. I
to compel production of any books, records, or papers rele-
vant to the cause of death. Any books, records, or papers
received by the coroner pursuant to the subpoena must be
regarded as confidential information and privileged and not
subject to disclosure under Article 4 of Chapter 18 of Title
50. The actual costs of copying any books, records, or papers
for the purpose of responding to a coroners subpoena under
this subsection shall be paid out of county funds to the person
or entity required to respond to that subpoena, and the gov-
erning authority of the county of which that coroner is a
public officer shall pay those costs within 30 days after a
bill therefor is submitted to the county. Provided, however,
the county shall not be responsible for duplication costs un-
der $25.00.
Section 4. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
PENAL INSTITUTIONS MEDICAL EXPENSES;
EDUCATIONAL PROGRAMS; PARDONS AND PAROLES.
Code Sections 42-5-59, 42-9-42, 42-9-43, and 42-9-60 Amended.
Code Section 42-5-64 Enacted.
No. 1672 (House Bill No. 1638).
AN ACT
To amend Title 42 of the Official Code of Georgia Annotated,
relating to penal institutions, so as to provide that the commis-
sioner of corrections may make deductions from the income
GEORGIA LAWS 1986 SESSION
1597
of those inmates authorized to work at paid employment for
any necessary medical expenses incurred by the Department
of Corrections on behalf of such inmates; to provide that the
commissioner of corrections shall maintain an educational pro-
gram within the state prison system to assist inmates in achiev-
ing a certain level of education; to provide for additional educa-
tional programs; to encourage inmates to participate in an
educational program; to provide exceptions; to provide for coop-
eration and coordination between the Department of Correc-
tions and the Department of Education; to provide for rules
and regulations; to provide for the State Board of Pardons and
Paroles to consider an inmates participation and achievement
in educational programs when relief from sentence is being con-
sidered for the inmate; to provide that when the State Board
of Pardons and Paroles releases inmates to alleviate the over-
crowding of the prison system, special consideration shall be
given to inmates who have participated in educational programs
and achieved a certain level of education; to provide effective
dates; 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 Anno-
tated, relating to penal institutions, is amended by striking in
its entirety subsection (b) of Code Section 42-5-59, relating to
the employment of inmates in the community, and inserting
in lieu thereof a new subsection (b) to read as follows:
"(b) An inmate authorized to work at paid employment
in the community under subsection (a) of this Code section
shall comply with all rules and regulations promulgated by
the board relative to the handling, disbursement, and hold-
ing in trust of all funds earned by the inmate while under
the jurisdiction of the department. An amount determined
to be the cost of the inmates keep and confinement shall
be deducted from the earnings of each inmate, and such
amount shall be deposited in the treasury of the department;
provided, however, that, if the inmate is assigned to a county
correctional institution, the deducted amount shall be depos-
ited in the treasury of the county to which the inmate is
assigned. After the deduction for keep and confinement, the
commissioner shall:
1598
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Allow the inmate to draw from the balance a
reasonable sum to cover his incidental expenses;
(2) Retain to the inmates credit an amount as is
deemed necessary to accumulate a reasonable sum to
be paid to him on his release from the penal institution;
(3) Deduct from the inmates funds any amounts
necessary to cover the costs of medical or dental attention
provided to the inmate, said deductions to be made in
accordance with policies and procedures promulgated by
the commissioner; and
(4) Cause to be paid any additional balance as is
needed for the support of the inmates dependents.
Section 2. Said title is further amended by adding at the
end of Article 3 of Chapter 5, relating to the conditions of deten-
tion generally, a new Code Section 42-5-64 to read as follows:
"42-5-64. (a) The commissioner shall maintain an edu-
cational program within the state prison system to assist
inmates in achieving at least a fifth-grade level on standard-
ized reading tests. Inmates who test below the fifth-grade
level will be encouraged by institutional staff to attend ap-
propriate classes until they attain this level.
(b) For the purposes of this Code section, educational
programing shall not apply to inmates who:
(1) Have been sentenced to death;
(2) Have attained 50 years of age; or
(3) Have serious learning disabilities.
(c) The commissioner shall provide additional educa-
tional programs in which inmates can voluntarily partici-
pate to further their education beyond the fifth-grade level.
(d) The commissioner shall utilize available services
and programs within the Department of Education, and the
Department of Education shall cooperate with the commis-
GEORGIA LAWS 1986 SESSION
1599
sioner in the establishment of educational programs and
the testing of inmates as required in this Code section.
(e) The commissioner shall be authorized to promulgate
rules and regulations necessary to carry out the provisions
of this Code section.
Section 3. Said title is further amended by striking in its
entirety subsection (c) of Code Section 42-9-42, relating to proce-
dure for the State Board of Pardons and Paroles to follow in
granting relief from sentence, and inserting in lieu thereof a
new subsection (c) to read as follows:
"(c) Good conduct, achievement of a fifth-grade level
or higher on standardized reading tests, and efficient perfor-
mance of duties by an inmate shall be considered by the
board in his favor and shall merit consideration of an appli-
cation for pardon or parole. No inmate shall be placed on
parole until and unless the board shall find that there is
reasonable probability that, if he is so released, he will live
and conduct himself as a respectable and law-abiding person
and that his release will be compatible with his own welfare
and the welfare of society. Furthermore, no person shall
be released on pardon or placed on parole unless and until
the board is satisfied that he will be suitably employed in
self-sustaining employment or that he will not become a
public charge. However, notwithstanding other provisions
of this chapter, the board may, in its discretion, grant pardon
or parole to any aged or disabled persons.
Section 4. Said title is further amended by striking in its
entirety subsection (a) of Code Section 42-9-43, relating to infor-
mation to be considered by the State Board of Pardons and
Paroles generally, and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a) The board, in considering any case within its power,
shall cause to be brought before it all pertinent information
on the person in question. Included therein shall be:
(1) A report by the superintendent, warden, or jailer
of the jail or state or county correctional institution in
which the person has been confined upon the conduct
1600 GENERAL ACTS AND RESOLUTIONS, VOL. I
of record of the person while in such jail or state or
county correctional institution;
(2) The results of such physical and mental exami-
nations as may have been made of the person;
(3) The extent to which the person appears to have
responded to the efforts made to improve his social atti-
tude;
(4) The industrial record of the person while con-
fined, the nature of his occupations while so confined,
and a recommendation as to the kind of work he is best
fitted to perform and at which he is most likely to succeed
when and if he is released; and
(5) The educational programs in which the person
has participated and the level of education which the
person has attained based on standardized reading tests.
The board may also make such other investigation as it may
deem necessary in order to be fully informed about the per-
son.
Section 5. Said title is further amended by striking in its
entirety subsection (c) of Code Section 42-9-60, relating to the
overcrowding of prison system as creating state of emergency,
and inserting in lieu thereof a new subsection (c) to read as
follows:
"(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 re-
duce 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 board
shall give special consideration for early release under this
Code section to inmates who have participated in educational
programs and who have achieved a fifth-grade level or higher
on standardized reading tests. 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.
GEORGIA LAWS 1986 SESSION
1601
Section 6. Section 1 of this Act shall become effective upon
its approval by the Governor or upon its becoming law without
such approval. The remaining sections of this Act shall become
effective October 15, 1986.
Section 7. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
EDUCATION HEALTH INSURANCE FOR PUBLIC
SCHOOL EMPLOYEES; COVERAGE; SURVIVING SPOUSES
AND DEPENDENT CHILDREN.
Code Sections 20-2-915.1 and 20-2-915.2 Enacted.
No. 1673 (House Bill No. 1693).
AN ACT
To amend Subpart 2 of Part 6 of Article 17 of Chapter 2
of Title 20 of the Official Code of Georgia Annotated, relating
to health insurance plans for public school employees, so as
to provide that public school employees who have 20 years or
more of creditable service but who are not eligible to receive
retirement benefits and surviving spouses and dependent chil-
dren of certain employees, annuitants, or other persons shall
be eligible to continue coverage under the state health benefit
plan upon payment of the full cost of the premium; to provide
for rules and regulations; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Subpart 2 of Part 6 of Article 17 of Chapter 2
of Title 20 of the Official Code of Georgia Annotated, relating
1602
GENERAL ACTS AND RESOLUTIONS, VOL. I
to health insurance plans for public school employees, is
amended by adding two new Code Sections 20-2-915.1 and 20-
2-915.2 to read as follows:
20-2-915.1. Notwithstanding any other provisions of
this subpart to the contrary, the board shall offer continuous
coverage to any public school employee with 20 or more
years of creditable service who is not eligible to receive re-
tirement benefits because of age. The public school employee
shall pay both the employer and employee premiums for
such insurance coverage.
20-2-915.2. At the time of death of any employee, annu-
itant, or other person who has elected coverage under said
contract or contracts for health insurance and who dies hav-
ing the required creditable service for receiving a benefit
from a retirement system of this state which is operated
for teachers or public school employees, any spouse or depen-
dent child or children included in the coverage of the con-
tract or contracts for health insurance as provided in this
subpart may be entitled to continue such coverage upon
agreeing to pay contributions to the cost of such coverage
as may be provided by rules and regulations of the board.
The board shall be authorized to promulgate and adopt rules
and regulations governing the continuance, discontinuance,
and resumption of coverage by any such spouse or dependent
child or children. The board shall be authorized to promul-
gate rules and regulations governing the continuance of cov-
erage by a spouse and dependent children of a retired em-
ployee when retirement benefits are insufficient for payment
of the health insurance premium.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
GEORGIA LAWS 1986 SESSION
1603
PHARMACISTS CONTINUING PHARMACEUTICAL
EDUCATION REQUIREMENTS FOR RENEWAL OF
LICENSES; PHARMACY INTERN LICENSES.
Code Sections 26-4-76 and 26-4-77 Amended.
No. 1674 (Senate Bill No. 267).
AN ACT
To amend Part 3 of Article 2 of Chapter 4 of Title 26 of
the Official Code of Georgia Annotated, relating to the regula-
tion of pharmacists, so as to provide for license expiration and
renewal and to require pharmacists to obtain continuing phar-
maceutical education as a condition for renewing their pharma-
cist license; to provide for approved correspondence courses; to
repeal certain provisions relating to continued education certifi-
cates; to provide for inactive status licenses; to provide that
persons granted inactive status shall be exempt from continuing
pharmaceutical education requirements; to change the expira-
tion period for pharmacy intern licenses; to provide for effective
dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Part 3 of Article 2 of Chapter 4 of Title 26 of
the Official Code of Georgia Annotated, relating to the regula-
tion of pharmacists, is amended by striking subsection (b) of
Code Section 26-4-76, relating to biennial registration of pharma-
cists and continuing education for pharmacists, and inserting
in lieu thereof a new subsection (b) to read as follows:
"(b) All licenses issued under this part shall be valid
for up to two years and shall be renewable biennially. The
board shall establish a program of continuing professional
pharmaceutical education for the renewal of pharmacist li-
censes. Notwithstanding any other provision of this part,
no pharmacist license shall be renewed by the board or the
joint-secretary until the pharmacist submits to the board
satisfactory proof of his participation, during the biennium
preceding his application for renewal, in not more than 30
1604 GENERAL ACTS AND RESOLUTIONS, VOL. I
hours of approved programs of continuing professional phar-
maceutical education, as defined in this Code section. Con-
tinuing professional pharmaceutical education shall consist
of educational programs providing training pertinent to the
practice of pharmacy and approved by the board under this
Code section. The board shall approve educational programs
for persons practicing pharmacy in this state on a reasonable
nondiscriminatory fee basis and may contract with institu-
tions of higher learning, professional organizations, or quali-
fied individuals for the providing of approved programs. In
addition to such programs, the board shall allow the continu-
ing professional pharmaceutical education requirement to
be fulfilled by the completion of approved correspondence
courses which provide the required hours of approved pro-
grams of continuing professional pharmaceutical education
or to be fulfilled by a combination of approved correspon-
dence courses and other educational programs. The board
may, consistent with the requirements of this Code section,
promulgate rules and regulations to implement and adminis-
ter this Code section, including the establishment of a com-
mittee to prescribe standards, approve and contract for edu-
cational programs, and set the required minimum number
of hours per year.
Section 2. Said part is further amended by striking subsec-
tion (c) of said Code Section 26-4-76 and inserting in lieu thereof
a new subsection (e) to read as follows:
"(c) The board shall by regulation provide for an inac-
tive status license for those individuals who elect to apply
for such status. Persons who are granted inactive status shall
be exempt from the requirements of continuing pharmaceu-
tical education.
Section 3. Said part is further amended by striking Code
Section 26-4-77, relating to pharmacy interns, and inserting in
lieu thereof a new Code section to read as follows:
"26-4-77. Any student in, or who has been accepted for
admission to, any generally recognized school or college of
pharmacy, and who has completed the prepharmacy require-
ments, may register with the board and may be licensed
as a pharmacy intern. Licenses issued under this Code sec-
GEORGIA LAWS 1986 SESSION
1605
tion shall bear the date thereof and shall be valid for up
to five years. Licenses which shall expire by lapse of time
may be renewed upon application, unless at the time of expi-
ration there shall be pending before the board proceedings
to suspend or revoke such license. A pharmacy intern may
compound, mix, or dispense drugs and medicines or poisons
only under the immediate supervision of a pharmacist.
Section 4. Sections 1 and 2 of this Act shall become effec-
tive January 1, 1987, but the remaining sections of this Act
shall become effective upon the approval of this Act by the Gov-
ernor or upon this Acts becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
ALCOHOLIC BEVERAGES VEHICLES, BOATS, ETC.
USED IN UNLAWFUL TRANSPORTATION OR STORING OF
DISTILLED SPIRITS; SEIZURE AND CONDEMNATION IN
ANY COUNTY.
Code Sections 3-10-1 and 3-10-11 Amended.
No. 1675 (Senate Bill No. 356).
AN ACT
To amend Chapter 10 of Title 3 of the Official Code of Georgia
Annotated, relating to regulation of distilled spirits in dry coun-
ties and municipalities, so as to provide that vehicles, convey-
ances, boats, and vessels which are used in the unlawful trans-
portation or storing of distilled spirits shall be subject to seizure
and condemnation in counties and municipalities wherein the
sale of distilled spirits is lawful as well as in counties and munici-
palities wherein the sale of distilled spirits is not lawful; to
1606
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide for all related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Chapter 10 of Title 3 of the Official Code of
Georgia Annotated, relating to regulation of distilled spirits in
dry counties and municipalities, is amended by striking Code
Section 3-10-1, relating to applicability of certain distilled spirits
laws to certain counties, and inserting in its place a new Code
section to read as follows:
"3-10-1. Except as otherwise provided in Code Section
3-10-11, this chapter shall only be applicable within counties
or municipalities in which the sale of distilled spirits is not
lawful.
Section 2. Said chapter is further amended by striking
paragraph (1) of subsection (b) of Code Section 3-10-11, relating
to contraband used in violation of distilled spirits laws, and
inserting in its place a new paragraph to read as follows:
"(1) All vehicles and conveyances of every kind and de-
scription in this state and all boats and vessels of every
kind and description in any of the waters of this state, which
vehicles and vessels are used in conveying, removing, con-
cealing, or storing any distilled spirits, the transportation,
possession, or storing of which is in violation of law, shall
be seized and condemned by any sheriff or other arresting
officer. Such vehicles, conveyances, boats, and vessels shall
be subject to seizure and condemnation as specified in this
Code section in any county or municipality of this state,
including those counties and municipalities in which the
sale of distilled spirits is lawful. The law enforcement officer
making a seizure shall report the seizure within ten days
after the seizure to the prosecuting attorney of the county,
city, or superior court having jurisdiction in the county
where the seizure was made.
Section 3. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without such
approval.
GEORGIA LAWS 1986 SESSION
1607
Section 4. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
CRIMINAL PROCEDURE DEPOSIT OF A CHAUFFEURS
OR DRIVERS LICENSE IN LIEU OF INCARCERATION,
FORMAL RECOGNIZANCE, OR BAIL FOR TRAFFIC AND
MOTOR VEHICLE OFFENSES; REINSTATEMENT;
RESTORATION FEE.
Code Section 17-6-11 Amended.
No. 1676 (Senate Bill No. 552).
AN ACT
To amend Code Section 17-6-11 of the Official Code of Georgia
Annotated, relating to the deposit of a chauffeurs or drivers
license in lieu of incarceration, formal recognizance, or bail by
persons arrested for violations of certain laws pertaining to traf-
fic and motor vehicles, so as to provide for the reinstatement
of licenses; to provide for restoration fees; to provide for practices
and procedures; to repeal conflicting laws; and for other pur-
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Code Section 17-6-11 of the Official Code of Geor-
gia Annotated, relating to the deposit of a chauffeurs or drivers
license in lieu of incarceration, formal recognizance, or bail by
persons arrested for violations of certain laws pertaining to traf-
fic and motor vehicles, is amended by striking subsection (b)
and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b) Upon receipt of the license as bail, the arresting
officer may release the person so charged as provided for
1608
GENERAL ACTS AND RESOLUTIONS, VOL. I
in this Code section for his further appearance before the
proper judicial officer as provided for in this Code section
and required by the summons. The court in which the
charges are lodged shall immediately forward to the Depart-
ment of Public Safety of this state the license which was
deposited in lieu of bail if the person fails to appear and
answer to the charge against him. The commissioner of pub-
lic safety shall, upon receipt of a license forwarded by the
court, suspend the drivers license and driving privilege of
the defaulting person until notified by the court that the
charge against the person has been finally adjudicated. Such
persons license shall be reinstated if the person submits
proof of payment of the fine from the court of jurisdiction
and pays a restoration fee of $25.00 to the Department of
Public Safety.
Section 2. All laws and parts of laws in conflict with this
Act are repealed.
Approved April 11, 1986.
SECRETARY OF STATE PRINTING AND DISTRIBUTION
OF MAPS AND ACTS.
Code Sections 45-13-20 and 45-13-24 Amended.
No. 1677 (House Bill No. 787).
AN ACT
To amend Article 2 of Chapter 13 of Title 45 of the Official
Code of Georgia Annotated, relating to the powers and duties
of the Secretary of State, so as to authorize the Secretary of
State to print and distribute current maps describing the bound-
aries of congressional districts and the legislative districts of
members of the Georgia Senate and House of Representatives;
to require the Secretary of State to mail certain legislative Acts
GEORGIA LAWS 1986 SESSION
1609
to the election superintendent and the governing authority of
certain counties or municipalities; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 45 of the Official
Code of Georgia Annotated, relating to the powers and duties
of the Secretary of State, is amended by striking paragraphs
(14) and (15) of Code Section 45-13-20, relating to the duties of
the Secretary of State, and inserting in lieu thereof new para-
graphs (14), (15), and (16) to read as follows:
"(14) To certify under his official seal, as the Comptroller
General is directed to do;
(15) To print and distribute current maps describing the
boundaries of congressional districts and the legislative dis-
tricts of members of the Georgia Senate and House of Repre-
sentatives; and
(16) To perform all other duties which are required of
him by law or which necessarily attach to his office.
Section 2. Said article is further amended by striking Code
Section 45-13-24, relating to the duty of the Secretary of State
to mail certain legislative Acts, and inserting in lieu thereof
a new Code Section 45-13-24 to read as follows:
"45-13-24. (a) It shall be the duty of the Secretary of
State, within 30 days after any Act of the General Assembly,
except local Acts and general Acts of local application, is
approved by the Governor or becomes a law without such
approval, to mail a copy thereof, with a certificate thereon
showing the date it became law, to the clerk of each superior
court in this state and, in like manner, to mail a copy of
each local Act or general Act with local application to the
clerk of the superior court of each county or counties in
which it has application. The clerk of the superior court
shall cause said copies to be kept carefully in bound volumes
and open to public inspection at all reasonable hours.
(b) Within one calendar week after any local Act or
general Act of local application which requires a local refer-
1610 GENERAL ACTS AND RESOLUTIONS, VOL. I
endum or a special election is approved by the Governor
or becomes law without his approval, it shall be the duty
of the Secretary of State to mail a copy of the Act, with a
certificate showing the date it became law, to the election
superintendent and the governing authority of each county
or municipality in which it has application.
Section 3. This Act shall become effective upon its ap-
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 15, 1986.
GEORGIA LAWS 1986 SESSION
1611
RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1986
PROPOSING AMENDMENTS
TO THE
CONSTITUTION OF THE STATE OF GEORGIA
1612
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE GENERAL OBLIGATION DEBT LOANS FOR
WATER AND SEWERAGE FACILITIES AND SYSTEMS.
Proposed Amendment to the Constitution.
No. 86 (House Resolution No. 363).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
that general obligation debt may be incurred by the state to
make loans to counties, municipal corporations, political subdi-
visions, local authorities, and other local governmental entities
for water or sewerage facilities or systems; to provide that it
shall not be necessary for the state or a state authority to take
title to or own such facilities or systems; to provide that such
debt may be incurred for a state authority created before, on,
or after November 8, 1960; to provide that the proceeds of such
debt shall be paid or transferred to, administered or invested
by, and the proceeds and investment earnings applied and dis-
bursed by the unit of state government or state authority made
responsible by law for such activities; to provide that a mutual
undertaking by a local governmental entity to borrow and the
state or a state authority to lend funds from and to one another
for water or sewerage facilities or systems when authorized by
law shall be a provision for services and an activity within the
intergovernmental contracts provisions of Article IX, Section
III, Paragraph I, subparagraph (a); to provide for the submission
of this amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Con-
stitution is amended by redesignating current subparagraph (e)
as subparagraph (f) and by inserting a new subparagraph (e)
to read as follows:
"(e) General obligation debt in order to make loans to
counties, municipal corporations, political subdivisions, local
authorities, and other local government entities for water
GEORGIA LAWS 1986 SESSION
1613
or sewerage facilities or systems. It shall not be necessary
for the state or a state authority to hold title to or otherwise
be the owner of such facilities or systems. General obligation
debt for these purposes may be authorized and incurred for
administration and disbursement by a state authority cre-
ated and activated before, on, or after November 8, 1960.
Section 2. Article VII, Section IV, Paragraph VII of the
Constitution is amended by designating the current language
of said Paragraph as subparagraph (a) and by adding immedi-
ately following such newly designated subparagraph a new sub-
paragraph to read as follows:
0)) Notwithstanding subparagraph (a) of this Para-
graph, proceeds from general obligation debt issued for mak-
ing loans to local government entities for water or sewerage
facilities or systems as provided in Paragraph 1(e) of this
section shall be paid or transferred to and administered and
invested by the unit of state government or state authority
made responsible by law for such activities, and the proceeds
and investment earnings thereof shall be applied and dis-
bursed by such unit or authority.
Section 3. Article IX, Section III, Paragraph I, subpara-
graph (a) of the Constitution is amended by adding thereto the
following:
"By way of specific instance and not limitation, a mutual
undertaking by a local government entity to borrow and
an undertaking by the state or a state authority to lend
funds from and to one another for water or sewerage facili-
ties or systems pursuant to law shall be a provision for ser-
vices and an activity within the meaning of this Paragraph.
Section 4. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
1614
GENERAL ACTS AND RESOLUTIONS, VOL. I
"( ) YES Shall the Constitution be amended so
as to provide that general obligation
( ) NO debt may be incurred by the state to
make loans to local governmental en-
tities for water and sewerage facili-
ties and systems and to provide for
the investment and application of the
proceeds of such debt and of the earn-
ings on its investment and to provide
for intergovernmental contracts not
exceeding 50 years for loan agree-
ments for such purposes?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
Approved April 1, 1986.
SUSPENSION OF CERTAIN STATE OFFICIALS UPON
INDICTMENT FOR CERTAIN FELONIES;
COMPENSATION; REINSTATEMENT.
Proposed Amendment to the Constitution.
No. 87 (House Resolution No. 505).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
that the procedures for suspending certain public officials shall
GEORGIA LAWS 1986 SESSION
1615
be initiated upon indictment for certain felonies by the United
States and to provide that a public official who is suspended
from office shall not receive any compensation after the initial
conviction and to provide that if the public official is reinstated
to office he shall be entitled to receive any compensation with-
held and to provide that after the initial conviction of certain
public officials for any felony in a trial court of this state or
the United States, regardless of whether the official has been
previously suspended, such public official shall be immediately
and without further action suspended from office and to provide
that such official shall not be entitled to receive any compensa-
tion during such suspension and to provide that if such convic-
tion is overturned the official shall be reinstated to office and
shall receive any compensation withheld and to provide for a
replacement official and the filling of a vacancy and to provide
for applicability; to provide for submission of this amendment
for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article II, Section III, Paragraph I of the Consti-
tution is amended by striking subparagraph (b) and inserting
in lieu thereof a new subparagraph (b) to read as follows:
"(b) Upon indictment for a felony by a grand jury of
this state or by the United States, which felony indictment
relates to the performance or activities of the office of any
public official, the Attorney General or district attorney shall
transmit a certified copy of the indictment to the Governor
or, if the indicted public official is the Governor, to the Lieu-
tenant Governor who shall, subject to subparagraph (d) of
this Paragraph, appoint a review commission. If the indicted
public official is the Governor, the commission shall be com-
posed of the Attorney General, the Secretary of State, the
State School Superintendent, the Commissioner of Insur-
ance, the Commissioner of Agriculture, and the Commis-
sioner of Labor. If the indicted public official is the Attorney
General, the commission shall be composed of three other
public officials who are not members of the General Assem-
bly. If the indicted public official is not the Governor, the
1616 GENERAL ACTS AND RESOLUTIONS, VOL. I
Attorney General, or a member of the General Assembly,
the commission shall be composed of the Attorney General
and two other public officials who are not members of the
General Assembly. If the indicted public official is a member
of the General Assembly, the commission shall be composed
of the Attorney General and one member of the Senate and
one member of the House of Representatives. If the Attorney
General brings the indictment against the public official,
the Attorney General shall not serve on the commission.
In place of the Attorney General, the Governor shall appoint
a retired Supreme Court Justice or a retired Court of Appeals
Judge. The commission shall provide for a speedy hearing,
including notice of the nature and cause of the hearing,
process for obtaining witnesses, and the assistance of coun-
sel. Unless a longer period of time is granted by the appoint-
ing authority, the commission shall make a written report
within 14 days. If the commission determines that the indict-
ment relates to and adversely affects the administration of
the office of the indicted public official and that the rights
and interests of the public are adversely affected thereby,
the Governor or, if the Governor is the indicted public official,
the Lieutenant Governor shall suspend the public official
immediately and without further action pending the final
disposition of the case or until the expiration of the officers
term of office, whichever occurs first. During the term of
office to which such officer was elected and in which the
indictment occurred, if a nolle prosequi is entered, if the
public official is acquitted, or if after conviction the convic-
tion is later overturned as a result of any direct appeal or
application for a writ of certiorari, the officer shall be imme-
diately reinstated to the office from which he was suspended.
While a public official is suspended under this Paragraph
and until initial conviction by the trial court, the officer
shall continue to receive the compensation from his office.
After initial conviction by the trial court, the officer shall
not be entitled to receive the compensation from his office.
If the officer is reinstated to office, he shall be entitled to
receive any compensation withheld under the provisions of
this Paragraph.
Section 2. Article II, Section III of the Constitution is
amended by adding at the end thereof a new Paragraph II to
read as follows:
GEORGIA LAWS 1986 SESSION
1617
"Paragraph II. Suspension upon felony conviction.
Upon initial conviction of any public official designated in
Paragraph I of this section for any felony in a trial court
of this state or the United States, regardless of whether
the officer has been suspended previously under Paragraph
I of this section, such public official shall be immediately
and without further action suspended from office. While a
public official is suspended from office under this Paragraph,
he shall not be entitled to receive the compensation from
his office. If the conviction is later overturned as a result
of any direct appeal or application for a writ of certiorari,
the public official shall be immediately reinstated to the office
from which he was suspended and shall be entitled to receive
any compensation withheld under the provisions of this Par-
agraph. Unless the Governor is the public official under sus-
pension, for the duration of any suspension under this Para-
graph, the Governor shall appoint a replacement official
except in the case of a member of the General Assembly.
If the Governor is the public officer under suspension, the
provisions of Article V, Section I, Paragraph V of this Consti-
tution shall apply as if the Governor were temporarily disa-
bled. Upon a final conviction with no appeal or review pend-
ing, the office shall be declared vacant and a successor to
that office shall be chosen as provided in this Constitution
or the laws enacted in pursuance thereof. The provisions
of this Paragraph shall not apply to any conviction rendered
prior to January 1, 1987.
Section 3. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so
as to provide that the procedures for
( ) NO suspending certain public officials
shall be initiated upon indictment for
certain felonies by the United States
and to provide that a public official
who is suspended from office shall not
1618 GENERAL ACTS AND RESOLUTIONS, VOL. I
receive any compensation after the
initial conviction and to provide that
if the public official is reinstated to
office he shall be entitled to receive
any compensation withheld and to
provide that after the initial convic-
tion of certain public officials for any
felony in a trial court of this state
or the United States, regardless of
whether the official has been previ-
ously suspended, such public official
shall be immediately and without fur-
ther action suspended from office and
to provide that such official shall not
be entitled to receive any compensa-
tion during such suspension and to
provide that if such conviction is over-
turned the official shall be reinstated
to office and shall receive any com-
pensation withheld and to provide for
a replacement official and the filling
of a vacancy and to provide for appli-....
cability?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
Approved April 1, 1986.
GEORGIA LAWS 1986 SESSION
1619
JUDGES SUSPENSION FROM OFFICE; COMPENSATION;
REINSTATEMENT; REPLACEMENT JUDGE.
Proposed Amendment to the Constitution.
No. 88 (House Resolution No. 506).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
that a judge who is suspended from office shall not receive any
compensation after the initial conviction and to provide that
if the judge is reinstated to office, he shall be entitled to receive
any compensation withheld and to provide that after the initial
conviction of a judge for any felony in a trial court of this state
or the United States, regardless of whether the judge has been
previously suspended, such judge shall be immediately and with-
out further action suspended from office and to provide that
such judge shall not be entitled to receive any compensation
during such suspension and to provide that if such conviction
is overturned the judge shall be reinstated to office and shall
receive any compensation withheld and to provide for a replace-
ment judge and the filling of a vacancy and to provide for applica-
bility; to provide for submission of this amendment for ratifica-
tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph VII of the
Constitution is amended by striking division (1) of subparagraph
(b) of said Paragraph and inserting in lieu thereof a new division
(1) to read as follows:
"(1) Upon indictment for a felony by a grand jury of
this state or by a grand jury of the United States of any
judge, the Attorney General or district attorney shall trans-
mit a certified copy of the indictment to the Judicial Qualifi-
cations Commission. The commission shall, subject to sub-
paragraph (b)(2) of this Paragraph, review the indictment,
and, if it determines that the indictment relates to and ad-
versely affects the administration of the office of the indicted
1620 GENERAL ACTS AND RESOLUTIONS, VOL. I
judge and that the rights and interests of the public are
adversely affected thereby, the commission shall suspend
the judge immediately and without further action pending
the final disposition of the case or until the expiration of
the judges term of office, whichever occurs first. During the
term of office to which such judge was elected and in which
the indictment occurred, if a nolle prosequi is entered, if
the public official is acquitted, or if after conviction the con-
viction is later overturned as a result of any direct appeal
or application for a writ of certiorari, the judge shall be
immediately reinstated to the office from which he was sus-
pended. While a judge is suspended under this subparagraph
and until initial conviction by the trial court, the judge shall
continue to receive the compensation from his office. After
initial conviction by the trial court, the judge shall not be
entitled to receive the compensation from his office. If the
judge is reinstated to office, he shall be entitled to receive
any compensation withheld under the provisions of this sub-
paragraph. For the duration of any suspension under this
subparagraph, the Governor shall appoint a replacement
judge. Upon a final conviction with no appeal or review pend-
ing, the office shall be declared vacant and a successor to
that office shall be chosen as provided in this Constitution
or the laws enacted in pursuance thereof.
Section 2. Article VI, Section VII, Paragraph VII of the
Constitution is further amended by adding at the end thereof
a new subparagraph (c) to read as follows:
"(c) Upon initial conviction of any judge for any felony
in a trial court of this state or the United States, regardless
of whether the judge has been suspended previously under
subparagraph (b) of this Paragraph, such judge shall be im-
mediately and without further action suspended from office.
While a judge is suspended from office under this subpara-
graph, he shall not be entitled to receive the compensation
from his office. If the conviction is later overturned as a
result of any direct appeal or application for a writ of certior-
ari, the judge shall be immediately reinstated to the office
from which he was suspended and shall be entitled to receive
any compensation withheld under the provisions of this sub-
paragraph. For the duration of any suspension under this
subparagraph, the Governor shall appoint a replacement
GEORGIA LAWS 1986 SESSION
1621
judge. Upon a final conviction with no appeal or review pend-
ing, the office shall be declared vacant and a successor to
that office shall be chosen as provided in this Constitution
or the laws enacted in pursuance thereof. The provisions
of this subparagraph shall not apply to any conviction ren-
dered prior to January 1, 1987.
Section 3. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so
as to provide that a judge who is sus-
( ) NO pended from office shall not receive
any compensation after the initial
conviction and to provide that if the
judge is reinstated to office, he shall
be entitled to receive any compensa-
tion withheld and to provide that af-
ter the initial conviction of a judge
for any felony in a trial court of this
state or the United States, regardless
of whether the judge has been previ-
ously suspended, such judge shall be
immediately and without further ac-
tion suspended from office and to pro-
vide that such judge shall not be enti-
tled to receive any compensation
during such suspension and to pro-
vide that if such conviction is over-
turned the judge shall be reinstated
to office and shall receive any com-
pensation withheld and to provide for
a replacement judge and the filling
of a vacancy and to provide for appli-
cability?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
1622
GENERAL ACTS AND RESOLUTIONS, VOL. I
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
Approved April 1, 1986.
PUBLICLY EMPLOYED EMERGENCY MEDICAL
TECHNICIANS INDEMNIFICATION; DEATH OR
PERMANENT DISABILITY IN THE LINE OF DUTY.
Proposed Amendment to the Constitution.
No. 99 (House Resolution No. 69).
A RESOLUTION
Proposing an amendment to the Constitution so as to autho-
rize the General Assembly to provide by law for indemnification
with respect to publicly employed emergency medical techni-
cians who are or have been killed or permanently disabled in
the line of duty on or after January 1, 1987; to provide for
the submission of this amendment for ratification or rejection;
and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article III, Section VI, Paragraph VI of the Con-
stitution is amended by adding a new subparagraph (c) to read
as follows:
"(c) The General Assembly may provide by law for in-
demnification with respect to publicly employed emergency
medical technicians who are or have been killed or perma-
nently disabled in the line of duty on or after January 1,
1987.
GEORGIA LAWS 1986 SESSION
1623
Section 2. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so
as to authorize the General Assembly
( ) NO to provide by law for indemnification
with respect to publicly employed
emergency medical technicians who
are or have been killed or perma-
nently disabled in the line of duty on
or after January 1, 1987?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
HEALTH INSURANCE RETIRED FORMER EMPLOYEES
OF PUBLIC SCHOOLS OR PUBLIC SCHOOL SYSTEMS,
THEIR SPOUSES, AND THEIR DEPENDENT CHILDREN.
Proposed Amendment to the Constitution.
No. 100 (House Resolution No. 125).
A RESOLUTION
Proposing an amendment to the Constitution so as to author-
ize the General Assembly to provide by law and expend or au-
thorize the expenditure of public funds for a health insurance
1624
GENERAL ACTS AND RESOLUTIONS, VOL. I
plan or program for persons and the spouses and dependent
children of persons who are retired former employees of public
schools or public school systems of this state; to provide for
the submission of this amendment for ratification or rejection;
and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article III, Section VI, Paragraph VI of the Con-
stitution is amended by adding at the end thereof a new subpara-
graph (c) to read as follows:
"(c) The General Assembly may provide by law and may
expend or authorize the expenditure of public funds for a
health insurance plan or program for persons and the
spouses and dependent children of persons who are retired
former employees of public schools or public school systems
of this state.
Section 2. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so
as to authorize the General Assembly
( ) NO to provide by law and expend or au-
thorize the expenditure of public
funds for a health insurance plan or
program for persons and the spouses
and dependent children of persons
who are retired former employees of
public schools or public school sys-
tems of this state?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
GEORGIA LAWS 1986 SESSION
1625
DEVELOPMENT DISTRICTS CREATION; AD VALOREM
TAX INCENTIVES.
Proposed Amendment to the Constitution.
No. 101 (House Resolution No. 718).
A RESOLUTION
Proposing an amendment to the Constitution so as to autho-
rize the General Assembly to provide a procedure for the cre-
ation of development districts for the promotion of commercial
and industrial development through ad valorem tax incentives;
to provide for the submission of this amendment for ratification
or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section II of the Constitution is
amended by adding at the end thereof a new Paragraph VI to
read as follows:
"Paragraph VI. Development districts. The General
Assembly may by general law provide a procedure for the
creation of development districts in areas which, because
of a need for commercial or industrial development or be-
cause of an unrealized potential for commercial or industrial
development, ad valorem tax incentives are likely to lead
to commercial or industrial development so as to promote
the vitality and well-being of the political subdivisions for
which such development districts are created. Any such gen-
eral law shall provide that a development district may be
created only upon the recommendation of an agency of the
executive branch of government and only with the consent
of the political subdivision for which the development dis-
trict is to be created. Any such general law shall provide
that each development district shall be created by local law
and shall authorize such local laws to grant exemptions from
ad valorem taxes levied by the political subdivisions for
which development districts are created. Any such general
law may provide that such local laws shall not be subject
1626 GENERAL ACTS AND RESOLUTIONS, VOL. I
to the requirements of Paragraph III of Section I of this
article and of Paragraph II of this section. No person shall
acquire any vested right to a tax exemption granted pur-
suant to this Paragraph.
Section 2. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so
as to authorize the General Assembly
( ) NO to provide a procedure for the cre-
ation of development districts for the
promotion of commercial and indus-
trial development through ad valo-
rem tax incentives?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
GEORGIA LAWS 1986 SESSION
1627
LAW ENFORCEMENT OFFICERS, FIREMEN, PRISON
GUARDS, AND PUBLICLY EMPLOYED EMERGENCY
MEDICAL TECHNICIANS INDEMNIFICATION; DEATH
OR PERMANENT DISABILITY.
Proposed Amendment to the Constitution.
No. 102 (House Resolution No. 644).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
that the General Assembly may provide by law for a program
of indemnification with respect to the death or permanent dis-
ability of any law enforcement officer, fireman, prison guard,
or publicly employed emergency medical technician who is or
at any time in the past was killed or permanently disabled in
the line of duty; to provide that funds may be appropriated
and insurance purchased for such purpose; to provide for submis-
sion of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article III, Section VI, Paragraph VI of the Con-
stitution is amended by adding a new subparagraph (c) to read
as follows:
"(c) The General Assembly may provide by law for a
program of indemnification with respect to the death or per-
manent disability of any law enforcement officer, fireman,
prison guard, or publicly employed emergency medical tech-
nician who is or at any time in the past was killed or perma-
nently disabled in the line of duty. Funds shall be appropri-
ated as necessary for payment of such indemnification or
for the purchase of insurance for such indemnification or
both.
Section 2. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
1628
GENERAL ACTS AND RESOLUTIONS, VOL. I
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so
as to provide that the General Assem-
( ) NO bly may provide by law for a program
of indemnification with respect to the
death or permanent disability of any
law enforcement officer, fireman,
prison guard, or publicly employed
emergency medical technician who is
or at any time in the past was killed
or permanently disabled in the line
of duty?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
MUNICIPAL OR COUNTY ROAD OR STREET
AUTHORITIES REFERENDUM FOR CREATION
OR AMENDMENT.
Proposed Amendment to the Constitution.
No. 103 (House Resolution No. 662).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
that no municipal or county authority which is authorized to
construct, improve, or maintain any road or street on behalf
GEORGIA LAWS 1986 SESSION
1629
of, pursuant to a contract with, or through the use of taxes or
other revenues of a county or municipal corporation shall be
created by any local Act or pursuant to any general Act nor
shall any law specifically relating to any such authority be
amended unless the creation of such authority or the amend-
ment of such law is conditioned upon the approval of a majority
of the qualified voters of the county or municipal corporation
affected voting in a referendum thereon; to provide for the sub-
mission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. ' Article III, Section VI, Paragraph V of the Con-
stitution is amended by adding at the end thereof a new subpara-
graph (e) to read as follows:
"(e) No municipal or county authority which is autho-
rized to construct, improve, or maintain any road or street
on behalf of, pursuant to a contract with, or through the
use of taxes or other revenues of a county or municipal corpo-
ration shall be created by any local Act or pursuant to any
general Act nor shall any law specifically relating to any
such authority be amended unless the creation of such au-
thority or the amendment of such law is conditioned upon
the approval of a majority of the qualified voters of the
county or municipal corporation affected voting in a referen-
dum thereon. This subparagraph shall not apply to or affect
any state authority.
Section 2. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
1630 GENERAL ACTS AND RESOLUTIONS, VOL. I
"( ) YES Shall the Constitution be amended so
as to provide that no municipal or
( ) NO county authority which is authorized
to construct, improve, or maintain
any road or street on behalf of, pur-
suant to a contract with, or through
the use of taxes or other revenues of
a county or municipal corporation
shall be created by any local Act or
pursuant to any general Act nor shall
any law specifically relating to any
such authority be amended unless the
creation of such authority or the
amendment of such law is condi-
tioned upon the approval of a major-
ity of the qualified voters of the
county or municipal corporation
affected voting in a referendum
thereon?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
GEORGIA LAWS 1986 SESSION
1631
STATE CHILDRENS TRUST FUND CREATION; USE OF
FUNDS FOR CHILD ABUSE AND NEGLECT
PREVENTION PROGRAMS.
Proposed Amendment to the Constitution.
No. 104 (Senate Resolution No. 330).
A RESOLUTION
Proposing an amendment to the Constitution so as to autho-
rize the General Assembly to provide by law for the creation
of a State Childrens Trust Fund from which funds shall be
disbursed for the purpose of child abuse and neglect prevention
programs; to provide for payments into the trust fund; to provide
for the applicability of a certain provision of the Constitution;
to provide for the submission of this amendment for ratification
or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article III, Section IX, Paragraph VI of the Con-
stitution is amended by adding at the end thereof a new subpara-
graph (f) to read as follows:
"(f) The General Assembly is authorized to provide by
law for the creation of a State Childrens Trust Fund from
which funds shall be disbursed for child abuse and neglect
prevention programs. The General Assembly is authorized
to appropriate moneys to such fund and such moneys paid
into the fund shall not be subject to the provisions of Article
III, Section IX, Paragraph IV(c), relative to the lapsing of
funds.
Section 2. The above proposed amendment to the Constitu-
tion shall be published and submitted as provided in Article
X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall
have written or printed thereon the following:
1632
GENERAL ACTS AND RESOLUTIONS, VOL. I
"( ) YES Shall the Constitution be amended so
as to authorize the General Assembly
( ) NO to provide by law for the creation of
a State Childrens Trust Fund from
which funds shall be disbursed for the
purpose of child abuse and neglect
prevention programs?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote "No.
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
GEORGIA LAWS 1986 SESSION
I
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 28, 1986
Joe Frank Harris
Governor
Honorable Zell Miller
Lieutenant Governor
State Capitol
Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 406 and 556 which were passed
by the General Assembly of Georgia at the 1986 Regular Session.
Article III, Section V, Paragraph XIII 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 Thomas B. Murphy, Speaker, House of Repre-
sentatives
Honorable Glenn W. Ellard, Clerk, House of Representa-
tives
Honorable Hamilton McWhorter, Jr., Secretary of State
Honorable Frank H. Edwards, Legislative Counsel
Honorable Michael J. Bowers, Attqrney General
Honorable Max Cleland, Secretary of State
II
GEORGIA LAWS 1986 SESSION
OFFICE OF THE GOVERNOR
Atlanta, Georgia
April 28, 1986
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 906, 1316, 2000 and 2026 which
were passed by the General Assembly of Georgia at the 1986
Regular Session.
Article III, Section V, Paragraph XIII 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 Representa-
tives
Honorable Hamilton McWhorter, Jr., Secretary of State
Honorable Frank H. Edwards, Legislative Counsel
Honorable Michael J. Bowers, Attorney General
Honorable Max Cleland, Secretary of State
GEORGIA LAWS 1986 SESSION
III
Veto No. 5H. B. 906
House Bill 906 proposed the incorporation of the City of
Islands in Chatham County. A county-wide referendum was pro-
vided for in the legislation. The passage of this bill was tech-
nically flawed by a procedural error, and another bill was
introduced and passed providing for the same subject matter.
Therefore, the author of this bill requested that this bill be
vetoed.
Veto No. 6H. B. 2000
House Bill 2000 provided for a new charter for the City of
Statesboro. After passage of the bill, a technical error was found
in the legislation. Therefore, the author of this bill requested
that it be vetoed.
Veto No. 7S. B. 556
Senate Bill 556 abolished the second division of the State
Court of Cobb County and the office of Associate Judge of the
State Court of Cobb County. Technical problems were found
with the legislation after its passage, and the author requested
it be vetoed.
Veto No. 8S. B. 406
Senate Bill 406 amends the Administrative Procedures Act
as it relates to legislative override of agency rules. Specifically,
in the event a standing committee files an objection to an agency
of departmental rule, that rule then may be considered by the
branch of the legislative whose committee has objected. Should
a resolution be adopted by a 2/3 vote of the body of the General
Assembly objecting to the rule, the agency or departmental rule
shall be void.
Under present law, both chambers must consider a resolu-
tion to override an administrative rule, while Senate Bill 406
would authorize one house of the General Assembly to void
an administrative rule of the Executive Branch. The bill is un-
constitutional as an abridgement of the powers of the Executive
Branch of government under the Constitution, and the proce-
dure established exceeds the authority of the General Assembly
IV
GEORGIA LAWS 1986 SESSION
under the Constitution. This bill, if signed, could adversely affect
the rule-making power of all agencies in state government.
For these reasons, I am vetoing Senate Bill 406.
Veto No. 9H. B. 2026
House Bill 2026 increased the filing fees in the State Court
of Dougherty County to an amount equal to that of the Dou-
gherty County Superior Court. This legislation was introduced
at the request of the Dougherty County Commission by the local
delegation. During the 1986 Session of the General Assembly,
general legislation was passed increasing the filing fees for the
superior courts of this State except for persons licensed by the
State Board of Medical Examiners. This latter piece of legisla-
tion had the effect of increasing the local filing fees for the
State Court of Dougherty County to an amount greater than
that desired by the local governing authority. Because of this
technical problem, the local county commission has requested,
with the approval of the local delegation, that this bill be vetoed.
Veto No. 10H. B. 1316
House Bill 1316 as originally introduced provided that the
Board of Medical Examiners was authorized to investigate a
licensees fitness to practice medicine, if the licensee had been
involved in two or more previous judgments or settlements of
medical malpractice or was involved in a medical malpractice
judgment or settlement in excess of $50,000. Additionally, the
bill provided that a court order requiring that a judgment or
agreement be sealed in a medical malpractice case would not
prevent the disclosure of the information contained in the file
to the Board of Medical Examiners for their investigation. A
floor amendment was added in the Senate to strike Code Section
43-34-1 relating to the practice of naturopathy. This amendment
has the effect of removing a provision in the law which practio-
ners of naturopathic medicine contend gives them the authority
to practice in this state.
In 1983, similar legislation which was passed voiding this
section was vetoed due to pending litigation in federal court.
Since the end of that litigation, there has been no attempt to
delete this section from the law until the floor amendment in
the Senate. It is now the position of the State Law Department
GEORGIA LAWS 1986 SESSION
V
that this section does not authorize the practice of naturopathic
medicine in this State. However, there still seems to be a great
amount of confusion in the minds of some citizens of this State
concerning the legal ramifications of the action of deleting this
section. In a case such as this the provisions of this legislation
should have been discussed openly in a committee of the House
or Senate before this bill was passed. In vetoing this bill, I am
not in any way endorsing the concept of naturopathic medicine.
I do want to allow any questions to be answered fully before
this section is deleted.
The original provisions of House Bill 1316 are meritorious,
and I hope they will be implemented by the General Assembly
during the 1987 Session. Until then, I strongly recommend that
the Board of Medical Examiners implement the legislation on
a voluntary basis by making mandatory on their part the investi-
gation of physicians who meet the requirements of the act and
by seeking any legal means to make sure that sealed court
records be opened to the Board, if needed in its investigations.
For these reasons, I am vetoing House Bill 1316.
VI
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of February 1, 1986
HAROLD N. HILL, JR...............V..........................Chief Justice
THOMAS O. MARSHALL......................................Presiding Justice
HAROLD G. CLARKE...............................................Justice
GEORGE T. SMITH.............................................. Justice
HARDY GREGORY, JR..............................................Justice
CHARLES L. WELTNER.............................................Justice
RICHARD BELL...................................................Justice
JOLINE BATEMAN WILLIAMS...................................Clerk
HAZEL E. HALLFORD...................................Deputy Clerk
WM. SCOTT HENWOOD.......................................Reporter
FAYE S. FOSTER.................................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of February 1, 1986
HAROLD R. BANKE............................................Chief Judge
BRASWELL D. DEEN, JR.............................Presiding Judge
WILLIAM LeROY McMURRAY, JR.......................Presiding Judge
A.W. BIRDSONG, JR................................Presiding Judge
GEORGE H. CARLEY...........................................Judge
JOHN W. SOGNIER............................................Judge
MARION T. POPE, JR.........................................Judge
ROBERT BENHAM..............................................Judge
DOROTHY TOTH BEASLEY.......................................Judge
ALTON HAWK..........................................Clerk
VICTORIA MEDCALF..............................Deputy Clerk
GAIL ARCENEAUX......................... Special Deputy Clerk
NADINE WALKER...........................Special Deputy Clerk
WM. SCOTT HENWOOD................................Reporter
JOHN TUCKER...............................Assistant Reporter
SUPERIOR COURTS
JUDGES, DISTRICT ATTORNEYS, AND CALENDAR
As of February 1, 1986
ALAPAHA CIRCUIT
HONS. W.D. KNIGHT, Chief Judge, Berrien County Courthouse
BROOKS E. BLITCH, Judge, Clinch County Courthouse
LEW S. BARROW, D.A., Berrien County Courthouse
AtkinsonFirst Monday in April and October
BerrienFirst Monday in February and August
ClinchThird Monday in March and September
CookSecond Monday in January and July
LanierFourth Monday in April and October
VII
ALCOVY CIRCUIT
HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse
GREELEY ELLIS, Judge, Newton County Courthouse
JOHN M. OTT, D.A., Walton County Courthouse
NewtonSecond and third Mondays in January, April, July and October
WaltonFirst and second Monday in February, May, August and November
APPALACHIAN CIRCUIT
HONS. BOBBY C. MILAM, Judge, Fannin County Courthouse
ROGER GLENN QUEEN, D.A., Fannin County Courthouse
FanninSecond Monday in March and November; first Monday in June
GilmerSecond Monday in February and October; first Monday in May
PickensSecond Monday in January, April and September
ATLANTA CIRCUIT
HONS. JOHN S. LANGFORD, Chief Judge, Fulton County Courthouse
OSGOOD O. WILLIAMS, Judge, Fulton County Courthouse
LUTHER ALVERSON, 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
DON A. LANGHAM, Judge, Fulton County Courthouse
WILLIAM H. ALEXANDER, Judge, Fulton County Courthouse
LEWIS R. SLATON, D.A., Fulton County Courthouse
FultonFirst Monday in January, March, May, July, September and November
ATLANTIC CIRCUIT
HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse
JAMES EMORY FINDLEY, Judge, Tattnall County Courthouse '
DAVID L. CAVENDER, Judge, Liberty County Courthouse
DUPONT KIRK CHENEY, D.A., Liberty County Courthouse
BryanThird Monday in March; first Monday in November
EvansFirst Monday in February and August
LibertyThird Monday in February and September
LongFirst Monday in March; third Monday in August
McIntoshFourth Monday in February and May; second Monday in September;
first Monday in December
TattnallThird Monday in April and October
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
BurkeSecond Monday in May and November
ColumbiaFourth Monday in March and September
RichmondThird Monday in January, March, May, July, September and November
VIII
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
CherokeeSecond Monday in January, May and September
ForsythSecond Monday in March, July, and 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
ApplingSecond and third Monday in February; third and fourth Monday in Octo-
ber
CamdenFirst Monday in April and November
GlynnSecond Monday in January, May and September
Jeff DavisFirst and second Monday in March; fourth Monday in September; first
Monday in October
WayneThird and fourth Monday in April and November
CHATTAHOOCHEE CIRCUIT
HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse
E. MULLINS WHISNANT, Judge, Muscogee County Courthouse
KENNETH B. FOLLOWILL, Judge, Muscogee County Courthouse
MRS. RUFE5 E. McCOMBS, Judge, Muscogee County Courthouse
WILLIAM J. (BILL) SMITH, D.A., Muscogee County Courthouse
ChattahoocheeFourth Monday in March and September
HarrisSecond Monday in January, May and September
MarionFourth Monday in April and October
MuscogeeFirst Monday in February, April, June, August, October and December
TalbotSecond Monday in March and November; third Monday in August
TaylorSecond Monday in February, June and October
CHEROKEE CIRCUIT
HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse
TOM POPE, Judge, Gordon County Courthouse
DARRELL E. WILSON, D.A., Bartowl County Courthouse
BartowFirst Monday in February and August; fourth Monday in April; Third
Monday in October
GordonFirst Monday in March, June and December; second Monday in September
CLAYTON CIRCUIT
HONS. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse
WILLIAM H. "BILL ISON, Judge, Clayton County Courthouse
STEPHEN E. BOSWELL, Judge, Clayton County Courthouse
THOMAS KENNETH KILPATRICK, Judge, Clayton County Courthouse
ROBERT E. KELLER, D.A., Clayton County Courthouse
ClaytonFirst Monday in February, May, August and November
IX
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
CobbSecond Monday in January, March, May, July, September and November
CONASAUGA CIRCUIT
HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse
CHARLES A. PANNELL, JR., Judge, Murray County Courthouse
WILLIAM T. BOYETT, Judge, Whitfield County Courthouse
JACK PARTAIN, D.A., Whitfield County Courthouse
MurraySecond Monday in February and August
WhitfieldSecond Monday in January and July
CORDELE CIRCUIT
HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse
G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse
EDWIN T. COTTON, D.A., Crisp County Courthouse
Ben HillSecond and third Monday in January; first and second Monday in April;
third and fourth Monday in June; and third and fourth Monday in September
and Monday following.
CrispThird and fourth Monday in February and Monday following; second, third,
and fourth Monday in May and November; second and third Monday in August.
DoolyFourth Monday in January; and Monday following the third and fourth
Monday in April, July and October.
WilcoxSecond and third Mondays in March; fourth Monday in August and Mon-
day following; first and second Monday in December.
COWETA CIRCUIT
HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse
DEWEY SMITH, Judge, Carroll County Courthouse
WILLIAM LEE, Judge, Coweta County Courthouse
ART MALLORY, D.A., Troup County Courthouse
CarrollFirst Monday in April and October
CowetaFirst Monday in March; first Tuesday in September
HeardThird Monday in March and September
MeriwetherThird Monday in February, May, August and November
TroupFirst Monday in February, May, August and November
DOUGHERTY CIRCUIT
HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse
LORING ALBERT GRAY, Judge, Dougherty County Courthouse
HOBART M. HIND, D.A., Dougherty County Courthouse
DoughertySecond Monday in January, March, May, July, September and Novem-
ber
X
DOUGLAS CIRCUIT
HONS. ROBERT J. NOLAND, Chief Judge, Post 1, Douglas County Courthouse
ROBERT J. "BOB JAMES, Judge, Post 2, Douglas County Courthouse
FRANK C. WINN, D.A., Douglas County Courthouse
DouglasThird Monday in February, May, and August; first Monday in November
DUBLIN CIRCUIT
HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse
DUBIGNION (DUB) DOUGLAS, Judge, Laurens County Courthouse
BEVERLY B. HAYES, JR., D.A., Laurens County Courthouse
JohnsonThird Monday in March, June, September and December
LaurensFourth Monday in January, April, July and October
TreutlenThird Monday in February and August
TwiggsSecond Monday in January, April, July and October
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
ChathamFirst Monday in March, June, September and December
FLINT, CIRCUIT
HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse
WILLIAM H. (HAL) CRAIG, Judge, Henry County Courthouse
E. BYRON SMITH, D.A., Lamar County Courthouse
ButtsFirst and second Monday in February and November; first Monday in May;
third and fourth Monday in August
HenrySecond, third arid fourth Monday in January, April, July and October
LamarFirst and second Monday in March, June and December; second and third
Monday in September
MonroeThird and fourth Monday in February, May and November; first and
second Monday in August
GRIFFIN CIRCUIT
HONS. ANDREW J. WHALEN, JR., Chief Judge, Spalding County Courthouse
BEN J. MILLER, Judge, Upson County Courthouse
JOHNNIE L. CALDWELL, JR., D.A., Upson County Courthouse
FayetteFirst Monday in March; second Monday in September
PikeThird Monday in April and November
SpaldingFirst Monday in February, June and October
UpsonThird Monday in March and August; first Monday in November
XI
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
GwinnettFirst Monday in January, March, May, July and November; second
Monday in September
HOUSTON CIRCUIT
HONS. WILLIS HUNT, JR., Judge, Houston County Courthouse
L.A. McCONNELL, JR., Judge, Houston County Courthouse
THERON FINLAYSON, D.A., Houston County Courthouse
HoustonFirst Monday in January, March, May, July, September and November
LOOKOUT MOUNTAIN CIRCUIT
HONS. JOSEPH E. "BO LOGGINS, Chief Judge, Chattooga County Courthouse
JON BOLLING WOOD, Judge, Walker County Courthouse
JOE B. TUCKER, Judge, Catoosa County Courthouse
DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse
CatoosaFirst Monday in March; second Monday in September
ChattoogaFirst Monday in February and August
DadeFirst Monday in April; second Monday in October
WalkerFirst Monday in May and November
MACON CIRCUIT
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse
WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse
TOMMY DAY WILCOX, Judge, Bibb County Courthouse
BRYANT CULPEPPER, Judge, Peach County Courthouse
WILLIS SPARKS, D.A., Bibb County Courthouse
BibbFirst Monday in February, April, June, August, October and December
CrawfordThird and fourth Monday in March and October
PeachFirst and second Monday in March and August; third and fourth Monday
in November
MIDDLE CIRCUIT
HONS. WALTER C. McMILLAN, JR., Chief Judge, Washington County Courthouse
MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse
RICHARD A. MALONE, D.A., Emanuel County Courthouse
CandlerFirst and second Monday in February and August
EmanuelSecond Monday in January, April, July and October
JeffersonSecond Monday in May and November
ToombsFourth Monday in February, May, August and November
WashingtonFirst Monday in March, June, September and December
XII
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
HabershamFirst Monday in January and August; fourth Monday in April
RabunThird Monday in February; fourth Monday in May and October
StephensSecond Monday in January; third Monday in May; first Monday in Sep-
tember
TownsFirst Monday in April and November
UnionFourth Monday in February; second Monday in September
NORTHEASTERN CIRCUIT
HONS. A.R. (DICK) KENYON, Chief Judge, Hall County Courthouse
J.D. SMITH, Judge, Hall County Courthouse
BRUCE UDOLF, D.A., Hall County Courthouse
DawsonFirst Monday in February and August
HallFirst Monday in May and November; second Monday in January, March,
July and September
LumpkinFourth Monday in February and August
WhiteFirst Monday in April and October
NORTHERN CIRCUIT
HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse
GEORGE H. BRYANT, Judge, Hart County Courthouse
LINDSAY A. TISE, JR., D.A., Hart County Courthouse
ElbertThird Monday in January; fourth Monday in July
FranklinThird Monday in March and September
HartThird Monday in February and August
MadisonThird Monday in April and October
OglethorpeThird Monday in May and November
OCMULGEE CIRCUIT
HONS. JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse
HUGH P. THOMPSON, Judge, Putnam County Courthouse
WILLIAM A. PRIOR, JR., Judge, Morgan County Courthouse
JOE BRILEY, D.A., Jones County Courthouse
BaldwinSecond Monday in January, April, July and October
GreeneFourth Monday in January, April, August, and November
HancockFourth Monday in March and September; second Monday in June and
December
JasperSecond Monday in February, May, August and November
JonesFirst Monday in February and August; third Monday in April and October
MorganFirst Monday in March, June, September and December
PutnamThird Monday in March, June, September and December
WilkinsonFirst Monday in January, April, July and October
XIII
OCONEE CIRCUIT
HONS. HUGH LAWSON, Chief Judge, Pulaski County Courthouse
PHILLIP R. WEST, Judge, Dodge County Courthouse
JIM WIGGINS, D.A., Dodge County Courthouse
BleckleyFirst Monday in March; second Monday in July and November
DodgeThird Monday in February, May, August and November
MontgomeryFirst Monday in February, May, August and November
PulaskiSecond and third Monday in March and September; second Monday in
June and December
TelfairFourth Monday in February and June; third and fourth Monday in October
WheelerSecond Monday in February and October; third Monday in June
OGEECHEE CIRCUIT
HONS. FAYE SANDERS MARTIN, Chief Judge, Bulloch County Courthouse
WILLIAM J. NEVILLE, Judge, Bulloch County Courthouse
J. LANE JOHNSTON, D.A., Bulloch County Courthouse
BullochFirst Monday in February, May, August and November
EffinghamFirst Monday in June and December
JenkinsFirst Monday in March and September
ScrevenSecond Monday in January; first Monday in April, July and October
PATAULA CIRCUIT
HONS. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse
LOWREY S. STONE, Judge, Early County Courthouse
CHARLES M. FERGUSON, D.A., Randolph County Courthouse
ClayThird Monday in March and November
EarlyThird Monday in January and July
MillerFourth Monday in February and October
QuitmanFourth Monday in March and September
RandolphFirst Monday in May and November
SeminoleSecond Monday in April and October
TerrellFirst Monday in June and December
PIEDMONT CIRCUIT
HONS. JAMES L. "JIM BROOKS, Judge, Jackson County Courthouse
TIM MADISON, D.A., Barrow County Courthouse
BanksFirst and second Monday in April and October
BarrowFirst and second Monday in February and August; first Monday in May
and November
JacksonFirst and second Monday in March; second and third Monday in Septem-
ber
ROCKDALE CIRCUIT
HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse
ROBERT F. MUMFORD, D.A., Rockdale County Courthouse
RockdaleFirst Monday in January, April, July and October
HBH
XIV
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
FloydSecond Monday in January, March, July and September; first Monday in
May and November
SOUTH GEORGIA CIRCUIT
HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse
WILLARD H. CHASON, Judge, Grady County Courthouse
J. BROWN MOSELEY, D.A., Decatur County Courthouse
BakerThird Monday in January and July
CalhounLast Monday in May and November
DecaturFirst Monday in February, May, August and November
GradyThird Monday in March and September
MitchellSecond Monday in January and July; third Monday in April and October
SOUTHERN CIRCUIT
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse
ROY MILLER LILLY, Judge, Thomas County Courthouse
H. ARTHUR McLANE, Judge, Lowndes County Courthouse
H. LAMAR COLE, D.A., Lowndes County Courthouse
BrooksFirst Monday in April and November
ColquittFirst Monday in February and August
EcholsFirst Monday in February and August
LowndesFirst Monday in March and the first Tuesday immediately following
the first Monday in September
ThomasFirst Monday in April and October
SOUTHWESTERN CIRCUIT
HONS. WILLIAM F. BLANKS, Presiding Judge, Sumter County Courthouse
THAD GIBSON, Judge, Sumter County Courthouse
JOHN R. PARKS, D.A., Sumter County Courthouse
LeeFourth Monday in April and October
MaconSecond Monday in May and November
SchleySecond Monday in February and August
StewartThird Monday in March and September
SumterFourth Monday in February, May and August; Monday following the
fourth Thursday in November
WebsterSecond 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, DeKalb 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
DeKalbFirst Monday in January, March, May, July, September and November
XV
TALLAPOOSA CIRCUIT
HONS. DAN P. WINN, Chief Judge, Polk County Courthouse
ARTHUR W. FUDGER, Judge, Paulding County Courthouse
W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse
HaralsonSecond Monday in April and September; first Monday in December
PauldingFirst Monday in February; third Monday in May and October
PolkSecond Monday in January; fourth Monday in April and September
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
IrwinThird and fourth Monday in February; second and third Monday in May
and November
TiftFirst Monday in March and September; first and second Monday in June
and December
TurnerSecond and third Monday in January and July; second Monday in April
and October
WorthFourth Monday in January, April, July and October
TOOMBS CIRCUIT
HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse
E. PURNELL DAVIS, Judge, Warren County Courthouse
DENNIS SANDERS, D.A., McDuffie County Courthouse
GlascockThird Monday in February, May, August and November
LincolnFourth Monday in January and July; third Monday in April and October
McDuffieSecond Monday in March, June, September and December
TaliaferroFourth Monday in February, May, August and November
WarrenThird Monday in January; first Monday in April, July and October
WilkesFirst Monday in February, May, August and November
WAYCROSS CIRCUIT
HONS. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse
CLARENCE D. BLOUNT, Judge, Ware County Courthouse
JOSEPH B. NEWTON, Judge, Ware County Courthouse
DONNIE DIXON, D.A., Ware County Courthouse
BaconFourth Monday in May and November
BrantleyFirst Monday in February; first Tuesday in September
CharltonFourth Monday in February and September
CoffeeThird Monday in March and October
PierceFirst Monday in May; second Monday in December
WareSecond Monday in April and November
WESTERN CIRCUIT
HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse
JOSEPH J. GAINES, Judge, Clarke County Courthouse
HARRY N. GORDON, D.A., Clarke County Courthouse
ClarkeSecond Monday in January, April, July and October
OconeeSecond Monday in March and September




















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INDEX
XVII
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Development districts; industrial and commercial development; ad valorem tax
incentives ..............................................................1625
Health insurance for retired former employees of public schools and public school
systems, their spouses, and their dependent children .................... 1623
Indemnification; death or permanent disability; law enforcement officers; firemen;
prison guards; publicly employed emergency medical technicians...........1627
Judges; suspension from office; compensation; reinstatement; replacement
judges....................................................................1619
Municipal or county road or street authorities; referendum required to create
or amend laws ............................................................1628
Publicly employed emergency medical technicians killed or permanently disabled
in the line of duty; indemnification .................................... 1622
State Childrens Trust Fund ...................................................1631
State general obligation debt; loans for water and sewerage facilities........1612
Suspension of state public officials upon indictment; compensation;
reinstatement.......................................................... 1614
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Section 2-7-155; amended..................................................1086
Code Section 2-7-156; amended..................................................1086
Code Sections 2-14-130 through 2-14-135; enacted .................................3
Code Section 3-1-5; enacted ....................................................618
Code Section 3-3-20; amended.....................................................10
Code Section 3-3-23; amended.................................................. 789
Code Section 3-4-51; enacted ..................................................1083
Code Section 3-4-93; amended.................................,................1083
Code Section 3-4-160; enacted .................................................1083
Code Section 3-6-29; amended ....................................................10
Code Sections 3-9-10 through 3-9-13; enacted ...................................778
Code Section 3-10-1; amended...................................................1605
Code Section 3-10-11; amended................................................. 1605
Code Section 4-4-1.1; enacted...................................................425
Code Section 4-4-5; enacted ................................................... 425
Code Section 4-10-11; amended....................................................10
Code Sections 4-11-1 through 4-11-16; enacted ..................................628
Code Section 5-3-2; amended ................................................. 982
Code Section 5-3-29; amended.................................................. 982
Code Section 5-4-1; amended ....................................................982
Code Section 5-5-1; amended .................................................. 982
Code Section 5-6-33; amended ...................................................982
Code Section 5-6-35; amended...................................................1591
Code Section 7-1-4; amended ....................................................458
Code Section 7-1-35; amended....................................................458
Code Section 7-1-236; designation...............................................458
Code Section 7-1-239; amended...................................................887
Code Section 7-1-241; amended...................................................458
XVIII
INDEX
Code Section 7-1-280; amended...................................................... 458
Code Sections 7-1-320 through 7-1-325; enacted .....................................1244
Code Section 7-1-442; redesignated ................................................ 458
Code Section 7-1-480; amended........................................................458
Code Section 7-1-590; amended.................................................. 458
Code Section 7-1-600; amended........................................................458
Code Section 7-1-612; amended.............................................. 1244
Code Section 7-1-652; amended ................................... .............._. ....458
Code Section 7-1-681; amended .............................................. .........458
Code Section 7-1-911; amended....................................................... 214
Code Section 7-1-912; amended.......................................................... 214
Code Section 7-3-7; amended ......................................................... 855
Code Section 7-4-12; amended ......................................................., .195
Code Section 8-2-90; amended............................................. ;S..T>31231
Code Section 8-3-3.1; amended ........................................................797
Code Section 8-3-171; amended...................... ,_5s.. m..........'.......... 899
Code Section 8-3-172; amended ...................................;....;............ ... . 899
Code Section 8-3-174; amended .......................................................899
Code Section 8-3-176; amended ...................................... i.... . 344, 899
Code Section 8-3-178; repealed ....................................................... 899
Code Section 8-3-180; amended.........................................................899
Code Section 9-3-21; repealed .................................... .^t................294
Code Section 9-10-5; amended .........................................................320
Code Section 9-11-34; amended........................................................ ^277
Code Section 9-11-41; amended.........................................................816
Code Section 9-11-60; amended........................1................................294
Code Sections 9-12-130 through 9-12-138; enacted..................,...................380
Code Section 9-15-4; amended..........................................................1002
Code Section 9-15-14; enacted ................................................... . 1591
Code Section 10-1-7; amended .......................................................... .207
Code Section 10-1-255; amended.......................................................... 326
Code Section 10-1-392; amended...........................................405, 1046, 1313
Code Section 10-1-393; amended .......................................... 405, 1313
Code Section 10-1-393.1; enacted ............. v..,... %; _p:.. raggj 1046
Code Section 10-1-395; amended.............................................. ..... 855
Code Section 10-1-397; amended.............................................. 1046
Code Section 10-1-399; amended......................................................... 1046
Code Section 10-1-410; amended..........................................jk.^ ncHlosg'shS
Code Sections 10-1-430 through 10-1-437; enacted ....................................... 635
Code Sections 10-1-700 through 10-1-704; enacted ....................................884
Code Section 10-5-4; amended........................................... 1559
Code Section 10-5-8; amended......................................................1559
Code Section 10-5-10; amended..................................................... 1559
Code Section 10-5-11; amended.....................,.............................. 1559
Code Section 10-5-12; amended......................................................1559
Code Section 10-5-13; amended............................;............ ....... 1559
Code Section 10-5-14; amended......................................................1559
Code Section 10-5-22; amended......................................................1559
Code Section 11-9-402; amended........................................................357
Code Section 11-9t403; amended ...............................................357, 1002
Code Section 11-9-405; amended..................................................... 1002
INDEX
XIX
Code Section 11-9-406; amended....................................................1002
Code Section 11-9-407; amended....................................................1002
Code Section 12-3-10; amended............................................................437
Code Section 12-3-50.1; enacted........................................................ 399
Code Section 12-3-194.1; amended .......................................................10
Code Section 12-3-341; amended.....................................................377
Code Section 12-3-441; amended.....................................................453
Code Section 12-3-445; amended.....................................................453
Code Section 12-4-141; amended......................................................10
Code Section 12-5-30; amended............................................................350
Code Section 12-5-38.1; enacted..........................................................350
Code Section 12-5-52; amended............................................................350
Code Section 12-5-53; amended............................................................350
Code Section 12-5-122; amended......................................................10
Code Section 12-5-127; amended......................................................10
Code Section 12-5-132; amended......................................................10
Code Section 12-5-134; amended......................................................10
Code Section 12-5-179; amended......................................................10
Code Section 12-5-372; amended...........................................................196
Code Section 12-5-443; amended........................................................ 321
Code Section 12-5-445; amended...........................................................321
Code Section 12-6-5.1; enacted...........................................................402
Code Section 12-6-23; amended............................................................402
Code Section 12-6-131; amended...........................................................362
Code Section 12-6-133; amended.......................................................... 362
Code Section 12-6-134; amended...........................................................362
Code Section 12-6-138; amended...........................................................362
Code Section 12-8-2; enacted ............................................................780
Code Section 12-8-62; amended ......................................................10, 761
Code Section 12-8-66; amended........................................................... 10
Code Section 12-8-68; amended............................................................761
Code Section 12-8-82; amended............................................................ 10
Code Sections 12-12-1 through 12-12-26; enacted.......................................1157
Code Section 14-2-5; amended............................................................1454
Code Section 14-2-41; amended...........................................................1454
Code Section 14-2-152; amended............................................................10
Code Section 14-2-172; amended..........................................................1454
Code Section 14-2-176; amended..........................................................1454
Code Section 14-2-231; amended..........................................................1454
Code Section 14-2-372; amended..........................................................1454
Code Section 14-5-20; amended......................................................... 1454
Code Section 14-5-23; enacted...........................................................1454
Code Title 14, Chapter 6; repealed......................................................433
Code Section 14-7-2; amended............................................................1454
Code Section 15-2-8; amended.............................................................279
Code Section 15-5-21; amended............................................................956
Code Section 15-6-2; amended.............................................160, 163, 417, 423
Code Section 15-6-3; amended ....................................................230, 1526
Code Section 15-6-17; amended............................................................318
Code Section 15-6-25; amended.......................................................... 794
XX
INDEX
Code Section 15-6-28; amended.................................................................1488
Code Section 15-6-32; amended.................................................................794
Code Section 15-6-50; amended.................................................................213
Code Section 15-6-77; amended.................................................................1002
Code Section 15-6-88; amended.................................................................833
Code Section 15-6-93; enacted.................................................................1002
Code Section 15-7-24; amended.................................................................171
Code Section 15-9-4; amended................................................................. 1581
Code Section 15-9-11.1; amended ................................'..........................1581
Code Section 15-9-36; amended................................................................. 1581
Code Sections 15-9-120 through 15-9-126; enacted..................................... 982
Code Section 15-10-2; amended.............................................. ...............701
Code Section 15-10-41; amended.............................................................701
Code Section 15-10-43; amended............................................................701
Code Section 15-10-47; amended.............................................................701
Code Section 15-10-49; amended.............................................................; 701
Code Section 15-10-101; amended............................................................198
Code Section 15-10-105; amended.........................................IS............... 701
Code Section 15-10-105.1; enacted .........................................................701
Code Sections 15-10-150 through 15-10-155; enacted............................ ..........787
Code Title 15, Chapter 11; amended .....................................................1017
Code Section 15-11-21; amended................................... ......................1097
Code Section 15-11-37; amended ....................................................192, 277
Code Section 15-11-41; amended............................'. s'....... j ...............1017
Code Section 15-11-51; repealed ........................................................1017
Code Section 15-11-52; repealed .......................................................1017
Code Section 15-11-53; repealed .......................................................1017
Code Section 15-11-54; repealed .......................................................1017
Code Sections 15-11-80 through 15-11-92; enacted.......................................1017
Code Section 15-12-71; amended..........................................................306
Code Section 15-16-1; amended .......................................................006
Code Section 15-16-20; amended....................................................837
Code Section 15-16-20.1; amended ............................................... 837
Code Section 15-18-14; amended....................................................203
Code Section 16-5-45; amended......................................................1325
Code Section 16-8-12; amended.......................................................1228
Code Section 16-8-60; amended........................................................652
Code Section 16-9-20; amended........................................................209
Code Section 16-10-6; amended.........................................................10
Code Section 16-10-23; amended....................................................1059
Code Section 16-10-24; amended.....................................................484
Code Section 16-11-106; amended...................................................1205
Code Section 16-11-127; amended....................................................673
Code Section 16-11-129; amended ..............................................305, 481
Code Section 16-11-130; amended..................................................1205
Code Section 16-12-20; amended...................................................1313
Code Section 16-12-36; amended..................................................1313
Code Section 16-12-60; amended...................................................311
Code Section 16-12-160; enacted .................................................645
Code Section 16-13-21; amended ............................................10, 1555
INDEX
XXI
Code Section 16-13-25; amended........... ..............................................1555
Code Section 16-13-28; amended ....................................................10, 1555
Code Section 16-13-29; amended..........................................................1555
Code Section 16-13-31; amended ....................................................10, 397
Code Section 16-13-41; amended..........................................................1031
Code Section 16-13-49; amended...........................................|.............451
Code Section 16-13-71; amended..........................................................1555
Code Section 16-13-72.1; enacted ..................................................... 421
Code Section 17-4-20; amended......................................................490, 657
Code Section 17-5-50; amended............................................................158
Code Section 17-6-1; amended.............................................................166
Code Section 17-6-11; amended........................,...............i.................1607
Code Section 17-6-31; amended...........................................................1588
Code Section 17-6-70; amended...........................................................1588
Code Section 17-6-71; amended...........................................................1588
Code Section 17-6-72; amended...........................................................1588
Code Section 17-6-90; amended...........................................................1151
Code Section 17-6-93; amended...........................................................1151
Code Section 17-6-94; enacted...........................................................1151
Code Section 17-10-1; amended............................................................842
Code Section 17-11-4; amended............................................................282
Code Section 19-3-40; amended............................................................982
Code Section 19-6-19; amended...........................................................1259
Code Section 19-6-20; amended............................,.............................1259
Code Section 19-7-3; amended ......................................................10, 1516
Code Section 19-8-8; amended............................................................1516
Code Section 19-8-10; amended...........................................................1516
Code Section 19-8-17; amended............................................................687
Code Section 19-9-1; amended ...................................................1000, 1036
Code Section 19-9-3; amended......................................................... 1000
Code Section 19-9-5; enacted ...........................................................1585
Code Section 20-1-6; enacted ............................................................619
Code Section 20-2-102; amended...........................................................800
Code Section 20-2-188; amended.......................................................... 880
Code Section 20-2-600; amended............................................................38
Code Section 20-2-690; amended.......................................................... 10
Code Section 20-2-753; amended............................................................10
Code Section 20-2-754; amended ....................................................10, 817
Code Section 20-2-757; amended............................................................10
Code Section 20-2-759; enacted..........................................................1079
Code Section 20-2-850; amended .................................................782, 1263
Code Section 20-2-870; amended...........................................................498
Code Section 20-2-880; amended...........................................................291
Code Section 20-2-889; amended............................................................10
Code Section 20-2-892; amended...........................................................291
Code Section 20-2-893; amended.......................................................... 291
Code Section 20-2-895; amended......................................................... 291
Code Section 20-2-915.1; enacted ...................................................... 1601
Code Section 20-2-915.2; enacted .......................................................1601
Code Section 20-2-940; amended...........................................................300
XXII
INDEX
Code Section 20-2-942; amended.........................................................300
Code Section 20-2-983; amended..........................................................10
Code Section 20-2-1074; amended ...................................................10, 149
Code Section 20-2-1160; amended.......................................................216
Code Sections 20-2-1190 through 20-2-1192; enacted.....................................924
Code Sections 20-2-2001 through 20-2-2020; enacted....................................1172
Code Section 20-3-58; amended.........................................................1187
Code Section 20-3-131; amended..........................................................10
Code Section 20-3-266; amended........................................................ 759
Code Section 20-3-316; amended.........................................................759
Code Section 20-3-374; amended.........................................................499
Code Section 20-4-62; amended...........................................................10
Code Section 20-4-63; amended...........................................................10
Code Section 20-5-48; amended...........................................................10
Code Section 20-5-49; amended...........................................................10
Code Section 20-7-1; amended........................................................... 10
Code Title 20, Chapter 7; repealed....................................................827
Code Section 20-8-5; amended..........................................................1549
Code Section 21-2-5; amended............................................................32
Code Section 21-2-6; amended.........................................................32
Code Section 21-2-9; amended ..........................................................855
Code Section 21-2-45; amended..........................................................772
Code Section 21-2-50; amended...................................................... -382
Code Section 21-2-130; amended..................................................... 890
Code Section 21-2-132; amended ....................................................32, 890
Code Section 21-2-136; amended ....................................................... 855
Code Section 21-2-153; amended..........................................................32
Code Section 21-2-170; amended.........................................................890
Code Section 21-2-172; amended.........................................................890
Code Sections 21-2-180 through 21-2-187; enacted.....................................890
Code Section 21-2-191; amended.........................................................220
Code Section 21-2-192; amended.........................................................220
Code Section 21-2-211; amended........................................................- 82
Code Section 21-2-212; amended....................................................... 982
Code Section 21-2-213; amended ................................................32, 382
Code Section 21-2-217; amended ................................................32, 932
Code Section 21-2-218; amended ...............................................772, 932
Code Section 21-2-228; amended.........................................................382
Code Section 21-2-231; amended..........................................................32
Code Section 21-2-232; amended....................................................... 932
Code Section 21-2-240; amended....................................................... 32
Code Section 21-2-241; amended........................................................1028
Code Section 21-2-266; amended........................................................ 348
Code Section 21-2-285; amended ................................................772, 1538
Code Section 21-2-325; amended ................................................772, 1538
Code Section 21-2-381; amended ....................................................32, 932
Code Section 21-2-381.1; amended .....................................................772
Code Section 21-2-384; amended..........................................................32
Code Section 21-2-385; amended ....................................................32, 932
Code Section 21-2-404; amended........................................................ 32
INDEX
XXIII
Code Section 21-2-413; amended ...
Code Section 21-2-414; amended ..
Code Section 21-2-415; amended ...
Code Section 21-2-440; amended ...
Code Section 21-2-450; amended ..
Code Section 21-2-455; amended ...
Code Section 21-2-495; amended ..
Code Section 21-2-497; amended ..
Code Section 21-2-501; amended ...
Code Section 21-2-502; amended ...
Code Section 21-2-522; amended ...
Code Section 21-2-524; amended ...
Code Section 21-2-540; amended ..
Code Section 21-3-2; amended..........
Code Section 21-3-7.1; enacted........
Code Section 21-3-91; amended ...
Code Section 21-3-98; amended
Code Section 21-3-121; amended ..
Code Section 21-3-123; amended ..
Code Section 21-3-126; amended ...
Code Section 21-3-133; amended ..
Code Section 21-3-164; amended ...
Code Section 21-3-186; amended ...
Code Section 21-3-187; amended ..
Code Section 21-3-225; amended ...
Code Section 21-3-283; amended ...
Code Section 21-3-285; amended ...
Code Section 21-3-320; amended ...
Code Section 21-3-321; amended ..
Code Section 21-3-324; amended ...
Code Section 21-3-478; amended ...
Code Section 21-5-2; amended
Code Title 21, Chapter 5; revised .
Code Section 22-2-130; amended ...
Code Section 23-2-1; repealed ....
Code Section 23-2-60; amended ...
Code Section 24-3-16; enacted ....
Code Section 24-8-21; amended ...
Code Section 24-9-22; amended
Code Section 24-9-29; enacted
Code Section 24-9-40; amended ...
Code Section 25-2-2; amended ....
Code Section 25-2-6; amended ....
Code Section 25-4-3; amended ....
Code Title 25, Chapter 9; amended
Code Section 25-10-1; amended ...
Code Section 25-10-5; amended ...
Code Section 26-2-30.1; enacted ..
Code Section 26-2-38; amended ...
Code Section 26-2-88; amended ...
Code Section 26-3-22; amended ...
.....32
.. 32, 382
.....32
......32
.....32
.....32
. 382, 855
.. 32, 855
....855
......32
.....772
......32
382, 1538
......32
.....772
.. 32, 772
....... 32
.. 32, 382
. 772, 932
.....382
.. 32, 932
.....348
....1538
772, 1538
....1538
.....932
.....932
....... 32
.. 32, 382
....1538
......32
......855
.....957
....1187
.....294
.....294
.....668
......982
.....1277
....1090
....1277
.....855
.....855
......10
....1069
.....798
.....798
....1089
.....197
......10
....1555
XXIV
INDEX
Code Section 26-4-4; amended...........................................................1031
Code Section 26-4-76; amended..........................................................1603
Code Section 26-4-77; amended..................................;.......................1603
Code Section 26-4-85; amended..........................................................1031
Code Section 26-4-116; amended.........................................................1031
Code Section 26-4-120; amended........................................................ 929
Code Section 26-4-148; amended...........................................................10
Code Section 26-5-17; amended............................................................10
Code Section 27-1-2; amended........................................................ 1460
Code Section 27-1-26; repealed ........................................................1059
Code Section 27-2-9; amended............................................................485
Code Section 27-2-23.1; amended ........................................................194
Code Sections 27-3-150 through 27-3-152; enacted.......................................1460
Code Section 27-4-5; amended ..........................................................169
Code Section 27-4-10; amended...........................................................504
Code Section 27-4-11; amended...........................................................504
Code Section 27-4-74.1; enacted....................................................... 172
Code1 Section 27-4-76; amended....................................................... 1460
Code Section 28-1-8; amended ..................................g..............10, 311, 314
Code Section 28-2-1; amended .......................................................... 466
Code Section 28-5-60; amended...........................................................155
Code Section 28-6-1; amended.......................................................... 855
Code Section 28-9-5; amended.......................................................... 10
Code Section 29-5-5.1; enacted...................................................... 684
Code Section 29-5-11; amended......................................................... 982
Code Section 30-3-3; amended ............................................................10
Code Section 31-3-2; amended...........................................................1242
Code Section 31-3-5.1; enacted....................................................... .227
Code Section 31-5-3; amended.......................................................... 1280
Code Section 31-6-21.1; amended ..................................................... 148
Code Section 31-6-44; amended.......................................................... 744
Code Section 31-7-75.1; enacted.........................................................744
Code Section 31-7-92; amended......................................................... 489
Code Section 31-7-192; amended........................................................ 1519
Code Section 31-7-193; amended.........................................................1519
Code Section 31-7-194; amended.........................................................1519
Code Section 31-7-197; amended.........................................................1519
Code Section 31-7-250; amended....................................................... 822
Code Section 31-7-261; amended........................................................ 509
Code Section 31-11-33; amended........................................................ 1321
Code Section 31-12-11; enacted...................................................... 1208
Code Section 31-18-1; amended............................................................10
Code Section 31-20-3; amended.......................................................... 982
Code Section 31-21-3; enacted .........................................................1513
Code Section 31-31-4.1; amended ....................................................... 674
Code Section 31-31-7; enacted ........................................................ 674
Code Section 31-32-3; amended.......................................................... 445
Code Section 31-32-6; amended.......................................................... 445
Code Section 32-2-2; amended.............................................................10
Code Section 32-2-3; amended ...........................................................796
Code Section 32-2-69; amended...........................................................153
INDEX
XXV
Code Section 32-3-4; amended....................................................... 1187
Code Section 32-6-28; amended......................................................471, 655
Code Section 32-6-112; amended..........................................................1187
Code Section 32-10-60; amended..........................................................1241
Code Section 33-2-1; amended.............................................................855
Code Section 33-3-21.1; enacted....................................................... .896
Code Section 33-6-5; amended ............................................................695
Code Section 33-7-6; amended............................................................1237
Code Section 33-7-11; amended............................................................394
Code Section 33-9-7; amended............................................................ 698
Code Section 33-9-8; amended.............................................................698
Code Section 33-9-29; amended............................................................698
Code Section 33-9-39; enacted...........................................................1184
Code Section 33-9-40; enacted...........................................................1184
Code Section 33-14-6; amended............................................................855
Code Section 33-16-14; amended...........................................................510
Code Section 33-21-1; amended............................................................676
Code Section 33-21-2; amended............................................................676
Code Section 33-21-3; amended............................................................676
Code Section 33-21-4; amended............................................................676
Code Section 33-21-8; amended............................................................676
Code Section 33-21-9; amended............................................................676
Code Section 33-21-13; amended...........................................................676
Code Section 33-21-14; amended.....................................................;.. 676
Code Section 33-21-24; amended...........................................................676
Code Section 33-21-25; amended......................................................... 676
Code Section 33-21-26; amended...........................................................676
Code Section 33-22-13; amended...........................................................496
Code Section 33-24-21.1; enacted .................................................... .688
Code Section 33-24-28.3; enacted ........................................................695
Code Section 33-24-47; enacted ......................................................... 695
Code Section 33-25-4; amended............................................................ 10
Code Section 33-30-12; repealed .........................................................688
Code Section 33-33-11; amended...........................................................508
Code Section 33-37-17; amended........................................................ 10
Code Section 34-7-41; amended.............................................................10
Code Section 34-8-40; amended............................................................ 10
Code Section 34-8-123; amended....................................................... .925
Code Section 34-8-125; amended......................................................... 299
Code Section 34-8-126; amended...........................................................415
Code Section 34-11-7; amended...................................................10
Code Section 34-12-2; amended................................................ 330
Code Section 34-12-8; amended...................................................10
Code Section 34-12-19; amended...........................................................10
Code Sections 34-13-1 through 34-13-20; enacted ....................................... 330
Code Section 35-2-36; amended .............................................. .452
Code Section 35-2-48; amended................................................. 193
Code Section 35-2-52; amended..................................................452
Code Section 35-2-57; repealed ............................................... 1059
Code Section 35-3-15; repealed ............................................... 1059
Code Section 35-3-33; amended............................................... 513

XXVI
INDEX

Code Sections 35-3-80 through 35-3-85; enacted .......................................659
Code Section 36-1-21; enacted.....................................................764, 1586
Code Section 36-5-21; amended......................................................... 328
Code Section 36-5-25; enacted ........................................................347
Code Section 36-7-2; amended .........................................................888
Code Section 36-10-2.1; enacted........................................................ 309
6ode Section 36-30-3; amended.......................................................... 841
Code Section 36-31-4; amended............................................................10
Code Section 36-32-1; amended......................................................... 784
Code Section 36-33-1; amended......................................................... 1312
Code Section 36-36-22.1; amended .......................................................284
Code Section 36-41-3; amended ......................................................... 947
Code Section 36-41-5; amended...........................................................947
Code Section 36-41-8; amended ....................................................10, 947
Code Section 36-44-5; amended........................................................... 10
Code Sections 36-68-1 through 36-68-3; enacted .......................................1080
Code Section 36-81-8; amended............................................................10
Code Section 36-81-20; enacted ...'...................................................758
Code Section 36-82-200; enacted.........................................................344
Code Section 36-83-2; amended...........................................................205
Code Section 36-83-4; amended...........................................................205
Code Section 36-83-8; amended...........................................................205
Code Title 36, Chapter 85; enacted ....................................................1269
Code Sections 36-85-1 through 36-85-20; enacted .......................................1496
Code Title 37, Chapter 2; revised......................................................1213
Code Section 37-3-1; amended...........................................................1098
Code Section 37-3-43; amended......................................................... 1098
Code Section 37-3-44; amended..........................................................1098
Code Section 37-3-64; amended..........................................................1098
Sections 37-3-80 through 37-3-85; revised..............................................1098
Code Sections 37-3-90 through 37-3-95; enacted ....................................... 1098
Code Section 37-3-150; amended..........................................................982
Code Section 37-4-2; amended...........................................................1092
Code Section 37-4-40.1; enacted ...................................................... 1092
Code Section 37-4-40.2; enacted .......................................................1092
Code Section 37-4-40.3; enacted .......................................................1092
Code Section 37-4-40.4; enacted .......................................................1092
Code Section 37-4-40.5; enacted ...................................................... 1092
Code Section 37-4-110; amended..........................................................982
Code Section 37-7-1; amended...........................................................1098
Code Section 37-7-43; amended....................................................... 1098
Code Section 37-7-44; amended......................................................... 1098
Code Section 37-7-64; amended..........................................................1098
Code Sections 37-7-80 through 37-7-85; revised........................................1098
Code Sections 37-7-90 through 37-7-95; enacted .......................................1098
Code Section 37-7-150; amended......................................................... 082
Code Section 37-8-34; amended...........................................................082
Code Section 40-2-8; amended ........................................................ 1053
Code Section 40-2-20; amended........................................................ 1053
Code Section 40-2-20.1; enacted ...................................................... 1053
Code Section 40-2-29; amended ........................................................ 1333
INDEX
XXVII
Code Section 40-2-29.1; amended ....................
Code Section 40-2-29.2; amended ....................
Code Section 40-2-29.4; enacted ....................
Code Section 40-2-29.5; enacted.....................
Code Section 40-2-29.6; enacted.....................
Code Section 40-2-29.7; enacted.....................
Code Section 40-2-37; amended.......................
Code Section 40-2-41; amended.......................
Code Section 40-2-61; amended.......................
Code Section 40-2-71.1; amended ....................
Code Section 40-2-73; amended.......................
Code Section 40-2-75.1; enacted.....................
Code Section 40-2-77; amended.......................
Code Section 40-3-22; amended.......................
Code Section 40-3-27; amended.......................
Code Section 40-3-30; amended.......................
Code Section 40-3-31; amended.......................
Code Section 40-3-32; amended.......................
Code Section 40-3-33; amended.......................
Code Section 40-5-2; amended .......................
Code Section 40-5-22; amended.......................
Code Section 40-5-53; amended.......................
Code Section 40-5-56; amended.......................
Code Section 40-5-83.1; amended ....................
Code Section 40-5-100; amended......................
Code Section 40-6-3; amended........................
Code Section 40-6-163; amended......................
Code Section 40-8-6.1; enacted .....................
Code Section 40-8-9; enacted .......................
Code Section 40-8-21; amended.......................
Code Section 40-8-91; amended.......................
Code Section 40-8-111; amended......................
Code Section 40-8-155; amended......................
Code Section 40-8-156; amended......................
Code Section 40-8-158; amended......................
Code Section 40-8-159.1; amended....................
Code Section 40-9-32; amended.......................
Code Section 40-13-28; amended......................
Code Section 40-13-33; enacted .....................
Code Sections 40-15-1 through 40-15-5; amended
Code Section 41-2-7; amended .......................
Code Section 41-2-8; amended........................
Code Section 41-2-12; amended.......................
Code Section 42-2-2; amended........................
Code Section 42-5-2; amended........................
Code Section 42-5-34; amended.......................
Code Section 42-5-35; amended.......................
Code Section 42-5-41; repealed .....................
Code Section 42-5-59; amended.......................
Code Section 42-5-64; enacted ......................
Code Section 42-8-36; amended.......................
...........................312
..........................211
201, 223, 275, 288, 290, 850, 852
.................223, 850, 852
......................... 223
...........................223
.........................1053
......................... 1333
......................... 1333
..........................626
..........................1333
...........................427
..........................1333
...........................438
...........................438
...........................438
.......................... 438
...........................438
..........................281
.....................156, 514
...........................839
.........................1002
........................ 184
...........................839
...........................395
........................ .834
...........................819
.........................1210
..........................946
..........................1185
..........................802
......................... 501
.........................1061
.., . ...................1061
.........................1061
.....................10, 1061
...........................10
...........................982
.......................... 444
..........................181
.....................10, 1508
..........................1508
..........................1508
...........................179
...........................493
..........................1170
........................ .1170
......................... 1491
..........................1596
..........................1596
...........................492
XXVIII
INDEX
Code Section 42-8-60; amended............................................................218
Code Section 42-8-62; amended............................................................442
Code Section 42-9-21.1; repealed........................................................1491
Code Section 42-9-42; amended.........................................................1596
Code Section 42-9-43; amended...........................................................1596
Code Section 42-9-60; amended..........................................................1596
Code Section 43-1-20.1; enacted ........................................................1155
Code Sections 43-1A-1 through 43-1A-9; enacted ........................................803
Code Section 43-4-2; amended ............................................................434
Code Section 43-4-17.1; enacted..........................................................434
Code Section 43-7-4; amended ............................................................766
Code Section 43-7-11; amended............................................................766
Code Section 43-7-11.1; enacted........................................................ 766
Code Section 43-7-12; amended............................................................766
Code Section 43-7-13; amended........................................................... 766
Code Section 43-7-16; amended........................................ ...............766
Code Section 43-7-22; repealed ..........................................................766
Code Section 43-7-27; amended............................................................766
Code Section 43-9-7; amended .......................................................... 831
Code Section 43-9-16; amended...........................................................1534
Code Section 43-10-1; amended............................................................643
Code Section 43-10-2; amended............................................................643
Code Section 43-10-8; amended.............................................................16
Code Section 43-10-9; amended ......................................................10, 843
Code Section 43-10-12; amended............................................................16
Code Section 43-10-20; amended...........................................................843
Code Section 43-11-74; amended....................................................... 828
Code Section 43-13-6; amended.......................................................... 823
Code Section 43-13-6.1; amended .........................................................839
Code Section 43-17-2; amended...........................................................1465
Code Section 43-17-4; amended...........................................................1465
Code Section 43-17-10; amended .........................................................1465
Code Section 43-18-40; amended............................................................16
Code Section 43-18-92; amended...........................................................855
Code Section 43-18-94; amended...........................................................855
Code Section 43-18-95; amended...........................................................855
Code Section 43-18-97; amended.......... .............................................. 855
Code Section 43-18-102; amended..................................................... 855
Code Section 43-18-104; amended..........................................................855
Code Section 43-18-105; amended........................................................ 855
Code Section 43-18-106; amended..........................................................855
Code Section 43-18-107; amended..........................................................855
Code Section 43-21-3.1; enacted ........................................................1212
Code Section 43-21-51; amended........................................................449
Code Section 43-23-6; amended............................................................430
Code Section 43-23-11; amended...........................................................430
Code Section 43-23-12; amended......................................................mk -430
Code Section 43-23-20; amended...........................................................430
Code Section 43-27-1; amended............................................................846
Code Section 43-27-2; amended............................................................846
Code Section 43-27-4; amended............................................................846
INDEX
XXIX
Code Section 43-27-5; amended...........................................................846
Code Section 43-27-6; amended...........................................................846
Code Section 43-27-7; amended...........................................................846
Code Section 43-27-12; amended..........................................................846
Code Section 43-33-3; amended...........................................................812
Code Section 43-33-5; amended...........................................................812
Code Section 43-33-6; amended......................................................... 812
Code Section 43-33-10; amended..........................................................812
Code Section 43-33-12; amended..........................................................812
Code Section 43-33-13; amended..........................................................812
Code Section 43-33-14; amended..........................................................812
Code Section 43-33-16; amended..........................................................812
Code Section 43-33-17; amended..........................................................812
Code Section 43-33-21; amended..........................................................812
Code Section 43-34-21; amended..........................................................304
Code Sections 43-34-140 through 43-34-151; enacted.....................................264
Code Section 43-36-4; amended............................................................10
Code Section 43-36-13; amended...........................................................10
Code Section 43-38-5; amended...........................................................751
Code Section 43-38-6; amended...........................................................751
Code Section 43-38-11; amended..........................................................751
Code Title 43, Chapter 39; revised.....................................................473
Code Section 43-40-8; amended..........................................................364
Code Section 43-40-12; amended..........................................................364
Code Section 43-40-15; amended........................................................ 364
Code Section 43-40-19; amended..........................................................364
Code Section 43-40-20; amended..........................................................364
Code Section 43-40-22; amended...........................................................10
Code Section 43-40-25; amended ...................................................10, 364
Code Section 43-40-25.1; enacted .......................................................364
Code Section 43-40-29; amended..........................................................364
Code Section 43-48-2; amended...........................................................465
Code Section 43-48-17.1; repealed.......................................................465
Code Section 44-1-14; amended...........................................................922
Code Section 44-3-3; amended.............................................................10
Code Section 44-3-9; amended.............................................................10
Code Section 44-3-13; amended......................................................... 10
Code Section 44-3-111; amended..........................................................942
Code Section 44-3-131; amended ...................................................10, 1468
Code Section 44-3-132; amended.........................................................1468
Code Section 44-3-133; amended.........................................................1468
Code Section 44-3-134; amended ...................................................10, 1468
Code Section 44-3-135; amended.........................................................1468
Code Section 44-3-136; amended...........................................................10
Code Section 44-3-140; amended.........................................................1468
Code Section 44-3-162; amended...........................................................10
Code Section 44-3-168; amended...........................................................10
Code Section 44-3-171; amended...........................................................10
Code Section 44-3-188; amended.........................................................1313
Code Section 44-4-25; amended.......................................................... 10
Code Section 44-5-143; amended..........................................................645
XXX
INDEX
Code Section 44-5-143.1; enacted .......................................................645
Code Section 44-5-145; amended......................................................... 645
Code Section 44-7-50; amended..........................................................1446
Code Section 44-9-59; amended...........................................................982
Code Section 44-12-194; amended......................................................... 10
Code Section 44-12-198; amended..........................................................10
Code Section 44-13-1.1; enacted.........................................................-10
Code Section 44-13-2; amended.......................................................... 10
Code Section 44-14-3; amended......................................................... 754
Code Section 44-14-67; amended..........................................................754
Code Section 44-14-142; amended........................................................1002
Code Section 44-14-470; amended....................................................... 222
Code Section 45-3-1; amended............................................................168
Code Section 45-5-1; amended ...........................................................996
Code Section 45-5-5; amended............................................................996
Code Section 45-5-6; amended ......................................................... 600
Code Section 45-5-6.1; enacted.........................................................600
Code Section 45-7-4; amended............................................................877
Code Section 45-7-9; enacted ..........................................................1491
Code Section 45-7-21; amended............................................................10
Code Section 45-9-4; amended............................................................150
Code Section 45-9-81; amended............ .............................................1478
Code Section 45-9-83; amended............................................................10
Code Section 45-10-25; amended......................................................... 10
Code Section 45-11-8; amended...........................................................303
Code Section 45-12-23; amended......................................................... 855
Code Section 45-12-24; amended..........................................................855
Code Section 45-12-40; enacted .........................................................178
Code Section 45-12-93; amended...........................................................10
Code Section 45-13-20; amended.........................................................1608
Code Section 45-13-24; amended....................................................... 1608
Code Title 45, Chapter 14; revised.................................................... 855
Code Section 45-16-1; amended............................................................10
Code Section 45-16-10; enacted.........................................................1594
Code Section 45-16-27; amended ....................................................10, 1594
Code Section 45-16-34; amended.........................................................1594
Code Section 45-16-63; amended...........................................................10
Code Section 45-16-65; amended...........................................................10
Code Section 45-17-1; amended........................................................ 1446
Code Section 45-17-1.1; enacted ...................................................... 1446
Code Section 45-17-2; amended......................................................... 1446
Code Section 45-17-2.1; amended....................................................10, 1446
Code Section 45-17-6; amended......................................................... 1446
Code Section 45-17-8; amended..........................................................1446
Code Section 45-17-8.1; amended ..................................................... 1446
Code Section 45-17-10; amended.........................................................1446
Code Section 45-18-52; amended...........................................................1
Code Section 45-18-54; amended...........................................................10
Code Section 45-18-56; amended........................................................ -10
Code Sections 45-18-70 through 45-18-72; enacted.......................................1489
Code Section 45-19-32; amended...........................................................10
INDEX
XXXI
Code Section 45-19-36; amended........................................................... 10
Code Section 45-20-2; amended............................................................469
Code Section 46-1-1; amended...........................................................1283
Code Section 46-1-2; amended ..........................................................37
Code Section 46-2-28; amended.................................... .................... 1518
Code Section 46-7-1; repealed ..........................................................1283
Code Section 46-7-7; amended...........................................................1283
Code Section 46-7-15; amended......................................................... 1283
Code Section 46-7-16; amended...........................................................1283
Code Section 46-7-22; repealed .........................................................1283
Code Section 46-7-35; repealed .........................................................1283
Code Section 46-7-51; repealed .........................................................1283
Code Section 46-7-53; amended.......................................................... 1283
Code Section 46-7-60; amended....................................................... 1283
Code Section 46-7-61; amended...........................................................1283
Code Section 46-7-66; amended...........................................................1283
Code Section 46-7-69.1; enacted ........................................................1283
Code Section 46-8-40; amended.......................................................... 855
Code Section 46-8-232; amended.........................................................308
Code Section 46-10-9; amended..........................................................283
Code Section 47-1-11; enacted...................................................1233, 1240
Code Section 47-2-1; amended.......................................................... 1543
Code Section 47-2-96; amended.......................................................... 1233
Code Section 47-2-201; amended...........................................................999
Code Section 47-2-244; amended..........................................................1329
Code Section 47-2-264; amended..........................................................1250
Code Section 47-2-295; amended..........................................................1550
Code Section 47-2-296; amended........................................................ 1266
Code Section 47-2-334; amended .................................................. 30, 1233
Code Section 47-3-1; amended............................................................ 1543
Code Section 47-3-43; amended........................................................... 375
Code Section 47-3-48; amended........................................................... 375
Code Section 47-3-60; amended ..................................................1543, 1547
Code Section 47-3-81; amended...........................................................1543
Code Section 47-3-83; amended...........................................................1552
Code Section 47-3-84.1; enacted ............................................|..........1531
Code Section 47-3-85; amended...........................................................1258
Code Section 47-3-90; enacted.........................<...............................1536
Code Section 47-3-120; amended .................................................. 620, 1262
Code Section 47-3-124; amended...........................................................620
Code Section 47-3-126.2; enacted ...................................................... 620
Code Section 47-6-1; amended .............................................................30
Code Section 47-6-60; amended ......................................................... 1255
Code Section 47-6-80; amended......................................................... 1255
Code Section 47-9-70; amended......................................................... 1326
Code Section 47-9-73; amended ..................................................1265, 1326
Code Section 47-9-76; amended.......................................................... 1257
Code Section 47-11-50; amended...................................................... 1494
Code Section 47-11-71; amended........................................................ 1249
Code Section 47-11-73; enacted........................H |............................ 1249
Code Section 47-14-70; amended ....................................................30, 1252
XXXIV
INDEX
Code Section 53-3-22; amended..................................... ...........982
Code Section 53-3-23; amended.....................................j...........982
Code Section 53-3-80; enacted ................................................436
Code Section 53-5-2; amended..................................................1272
Code Section 53-5-4; amended.................................................-. 1272
Code Section 53-5-6; amended.................;...;............................... 1272
Code Section 53-5-7; amended..........:.................................... . . 1272
Code Section 53-5-8; amended .................................................1272
Code Section 53-5-9; amended............................ .....;................ 1272
Code Section 53-5-10; amended............................................... 1272
Code Section 53-5-12; amended................................................ 1272
Code Section 53-5-21; amended................................................ 982
Code Section 53-6-24; amended...................................................200
Code Section 53-7-97; amended...................................................982
Code Section 53-7-187; amended............................................... .982
Code Section 53-8-2; amended................................................ 1553
Code Section 53-8-9; enacted .............................................. 882
Code Section 53-8-42; amended.................................................. 982
Code Section 53-9-26; amended................................................ 982
Code Section 53-13-16; amended...................................................10
CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS
Acworth Downtown Development Authority ........................................4386
Adairsville Development Authority..............................................4696
Adel; bonds ...................................................................3875
Atlanta; ad valorem taxes to retire city revenue obligations..................4828
Atlanta; assumption of Fulton County School District debt; annexation of territory
by city ..................................................................4814
Atlanta; bonded indebtedness for water and solid waste disposal systems.......4818
Atlanta; collection of city taxes by county tax commissioner..................4037
Atlanta; freeport exemption; urban enterprise zones............................4426
Atlanta; $45 million bonded indebtedness for school facilities and equipment ... 4564
Atlanta; Fulton County; and DeKalb County; hospital authorities; contracts-----4783
Atlanta; Fulton County, and DeKalb County; bonds; grandstands and
stadiums..................................................................4786
Atlanta; historic zones .................................................... 4826
Atlanta; issuance of bonds for municipal purposes without a referendum.........4824
Atlanta; issuance of bonds for school purposes without a referendum............4822
Atlanta; maximum indebtedness ............................................... 4816
Atlanta; revenue bonds for off-street parking facilities .....................4830
Atlanta; revenue bonds; water works and sanitation systems ...................4810
Atlanta; school system; annexation of territory by the city ..................4812
Atlanta; stadium ..............................................................4047
Atlanta; urban enterprise zones; taxation..................................... 4424
Austell; discount for prompt payment of ad valorem taxes .....................4389
Austell; homestead exemption.............................................4384, 4414
Austell; homestead exemption for persons 65 or over ..........................4391
Banks County; business licenses and taxes.................................. 5365
Berrien County Industrial Building Authority..................................3877
Brooks County Development Authority ......................................... 4739
INDEX
XXXV
Butts County Industrial Development Authority...............................3848
Calhoun County; board of education..........................................3940
Camden County; board of education ..........................................4363
Cartersville Development Authority...........................................4694
Cedartown Development Authority.............................................5070
Chatham County; civil service systems .................|....................4222
Chatham County; construction and maintenance of streets; assessments.........4214
Chatham County; General Hospital Authority of West Chatham County............4352
Chatham County; homestead exemptions for persons who are 65 or disabled-----4219
Chatham County; homestead exemption from school taxes .......................4354
Chatham County; ordinances; occupational license taxes; recorders court ....4560
Chatham County; payment of property taxes....................................4217
Chattahoochee County; board of education....................................4311
Chattahoochee County; business license fees and taxes.......................4315
Chattahoochee County; county school superintendent; appointment ............4313
Chattahoochee County; sheriff ..............................................4319
Chattahoochee County Industrial Development Authority........................4317
Chattooga County Development Authority ......................................4556
Cities of 150,000 or more; street improvement bonds.........................4808
Cities of more than 300,000; courts.........................................4820
Cities of more than 400,000; demolition of buildings on private premises ....... 4566
City of Covington Parking Authority ........................................3871
City of Dalton Building Authority.............. ............................5547
City of Perry Industrial Building Authority.................................4194
Clayton County; board of education; school superintendent...................5013
Clayton County; business licenses and regulation ...........................4762
Clayton County; civil service system.........................................5573
Clayton County; ordinances; penalties .......................................5011
Clayton County; waterworks and sewerage system; bonds ......................5009
Cobb County; alcoholic beverage taxes; school districts......................4052
Cobb County and municipalities therein; abolished municipalities.............4412
Cobb County and municipalities therein; alcoholic beverages; allocation of taxes
to schools............................................................ 4594
Cobb County; board of education ............................................4055
Cobb County; board of education; enactment of legislation without a
referendum .............................................................4057
Cobb County; board of education; reapportionment of education districts .....4416
Cobb County; board of education; school superintendent.......................4511
Cobb County; business licenses and taxes ................................. 5450
Cobb County; civil service system ...........................................4505
Cobb County; fire protection districts ..................................... 4501
Cobb County; medical examiner................................................4507
Cobb County; ordinances; penalties.......................................... 4410
Cobb County; sewerage system; bonds ........................................ 4509
Cobb County; solid waste facilities; bonds .................................4408
Columbus, Georgia; ad valorem taxation of personal property in transit or
stored ................................................................ 3803
Columbus, Georgia; appropriations for advertising and promotion.............3788
Columbus, Georgia; charter review commission.................................3805
Columbus, Georgia; consolidation of city and county governments..............3784
Columbus, Georgia; homestead exemptions.................................... 3798
XXXVI
INDEX
Columbus, Georgia; Muscogee County Health Department........................3774
Columbus, Georgia; Muscogee County; homestead exemptions ...................3796
Columbus, Georgia; Muscogee County Industrial Development Authority.........3782
Columbus, Georgia; Muscogee County; merger of school systems ...............3772
Columbus, Georgia; Muscogee County School District; homestead exemptions ... 3794
Columbus, Georgia; revenue bonds ...........................................3790
Columbus, Georgia; school district; homestead exemptions....................3792
Columbus, Georgia; street improvement bonds ................................3786
Columbus, Georgia; valuation of homestead property ........................3800
Columbus Airport Commission.................................................. 3776
Columbus Building Authority................................................ 3778
Columbus-Muscogee County Port Development Commission .......................3780
Counties of 550,000 or more; county-wide public library system.............4832
DeKalb County; board of education; operation of a junior college ..........4333
DeKalb County, Fulton County, and Atlanta; bonds; grandstands and
stadiums...............................................................4786
DeKalb County; Fulton County; and Atlanta; hospital authorities; contracts .... 4783
DeKalb County; garbage and solid waste collection and disposal contracts ..5047
DeKalb County; municipalities as special services tax districts............4615
Dodge County; board of education; elections................................4536
Dodge County-Eastman Development Authority .................................4534
Downtown Dalton Development Authority ......................................3881
Downtown Marietta Development Authority .................................. 4503
Downtown Savannah Authority.................................................4201
Downtown Smyrna Development Authority.......................................3957
Downtown Statesboro Development Authority ..................................4655
Downtown Way cross Development Authority....................................3906
Early County Development Authority ........................ .............4618
Eastern Judicial Circuit; judges pro hac vice .............................4357
East Point Business and Industrial Development Authority ..................4461
Effingham County Industrial Development Authority ..........................3886
Emanuel County Development Authority ......................................4741
Forsyth County; merit or civil service system .............................4573
Fulton County and political subdivisions therein; ad valorem taxation;
procedures.......................................................... 4432
Fulton County, Atlanta, and DeKalb County; bonds; grandstands and stadiums . 4786
Fulton County; Atlanta; freeport exemption; urban enterprise zones ........4426
Fulton County; board of commissioners; advertising and promoting the county .. 4029
Fulton County; board of commissioners; board of education; branch offices..4043
Fulton County; business licenses and taxes.................................4045
Fulton County; civil service system.........................................4420
Fulton County; civil service system; coverage ..............................4452
Fulton County; county officers; chief clerks, assistants, or deputies......4774
Fulton County; DeKalb County; Atlanta; hospital authorities; contracts ....4783
Fulton County; detention facilities ........................................4428
Fulton County; expenditure of county funds to support state-owned institutions . 4450
Fulton County; garbage disposal districts ..................................4454
Fulton County; general obligation bonds for certain public improvements;
issuance without a referendum .........................................4444
Fulton County; governing authority; powers, responsibilities, and limitations ... 4442
Fulton County; grants to municipalities for recreational programs ..........4436
INDEX
XXXVII
Fulton County; homestead exemption for residents who are disabled or 65 or
older ....................................................................4434
Fulton County; homestead exemptions; nonprofit cooperative ownership housing
corporation stockholders .................................................4448
Fulton County; landfills ....................................................4418
Fulton County; medical examiner .............................................4031
Fulton County; operation of recreational programs in cities of 5,000 or less.4446
Fulton County; ordinances....................................................4027
Fulton County; pension system; participation ................................4039
Fulton County; recreational programs in cities of not more than 5,000 .......4035
Fulton County; retirement system; increases in benefits......................4041
Fulton County; services districts; taxation .................................4430
Fulton County; sewerage, water, and fire prevention systems; parks; taxes..... 4422
Fulton County; stadium ......................................................4047
Fulton County; street improvements...........................................4033
Fulton County; tax commissioner; chief deputy................................4440
Fulton County; tax commissioner; collection of taxes for the City of Atlanta-4037
Fulton County; tax commissioner; uncollectible checks for automobile license
tags......................................................................4049
Fulton County; urban enterprise zones; taxation................................4424
Fulton County Industrial District; educational taxation .......................4438
Gainesville and Hall County Development Authority .............................4328
General Hospital Authority of West Chatham County........... ..................4352
Griffin Development Authority..................................................3915
Gwinnett County; board of education; school superintendent ....................4626
Gwinnett County; business license taxes; solid waste disposal; ambulance service;
cable television..........................................................4624
Gwinnett County; fire protection districts; sewerage districts ................4554
Gwinnett County; garbage disposal; landfills; sanitation districts.............4547
Gwinnett County; merit system ............................................... 4621
Gwinnett County; ordinances; speed limits; bridges; truck routes...............5359
Gwinnett County; water, sanitation, sewerage, and fire protection districts ...4629
Gwinnett County Industrial Building Authority .................j...............4549
Habersham County; board of education; borrowing ..................*............3827
Habersham County; homestead exemption from school taxes .......................3807
Hall County; board of education............................................... .4330
Hall County; business and occupation licenses and taxes .......................5344
Hall County; civil service system.................-............................4324
Hall County; powers of taxation; assessment dates; tax bills...................4321
Haralson County; contracts for lease or acquisition of a county courthouse ....4690
Henry County; business licenses and taxes; racetracks .........................4806
Houston County; county school system; local sales and use tax .................4715
Houston County and county school district; limits on ad valorem taxes..........4209
Jackson County; board of education; school superintendent......................5061
Jackson County; jurisdiction of the Georgia Bureau of Investigation............4704
Jackson County Industrial Development Authority ........................... .. 4702
Jasper County Industrial Development Authority ............................. 4155
Jefferson County and local taxing jurisdictions therein; discount for early
payment of ad valorem taxes..............................................4404
Joint city-county boards of tax assessors in counties having a city of 300,000 or
more .....................................................................4456
XXXVIII
INDEX
Kingsland Development Authority ...........................................4365
Macon; preferential city tax assessments for revitalized or rehabilitated
residential property .................................................5002
Macon-Bibb County Board of Health .........................................4682
Macon-Bibb County; consolidation of tax assessments and collection.........5533
Macon-Bibb County Industrial Authority ....................................4685
Macon-Bibb County Urban Development Authority..............................4698
Macon-Bibb County; zoning and planning.....................................5308
Marietta; board of lights and water works .................................4059
Marietta; bonded indebtedness for educational purposes.....................4406
Marietta; combined water, sewerage, and electric systems; bonds ...........5509
Meriwether County; board of education; school superintendent ..............3838
Meriwether County Development Authority....................................3840
Monroe County; grand jury; arbitration of disputes relating to county matters .. 4150
Monroe County Industrial Development Authority.............................4584
Muscogee County; ad valorem taxation of personal property in transit or
stored ...............................................................3803
Muscogee County; appropriations for advertising and promotion .............3788
Muscogee County; charter review commission ................................3805
Muscogee County; Columbus Building Authority ............................ 3778
Muscogee County; Columbus, Georgia; merger of school systems ..............3772
Muscogee County; Columbus-Muscogee County Port Development Commission .. 3780
Muscogee County; consolidation of city and county governments............. 3784
Muscogee County; homestead exemptions......................................3796
Muscogee County; homestead exemptions..................................... 3798
Muscogee County; revenue bonds .......... .................................3790
Muscogee County; school district; homestead exemptions.................... 3792
Muscogee County; school district; homestead exemptions.....................3794
Muscogee County; street improvement bonds................................. 3786
Muscogee County; valuation of homestead property...........................3800
Muscogee County Health Department ........................................ 3774
Muscogee County Industrial Development Authority...........................3782
Newton County; business licenses; sports activities; taxes ................3908
Newton County; ordinances; enforcement ....................................4468
Newton County; sewerage, water, sanitation, garbage collection, landfill, and fire
districts ............................................................4571
Newton County; tax assessments, levies, bills, notices, and payments.......4568
Oconee County; board of education.........................skv..............4562
Oglethorpe County Development Authority ...................................3852
Paulding County Industrial Building Authority ............................ 5690
Perry Industrial Building Authority........................................4194
Powder Springs Downtown Development Authority............................ 4513
Quitman County Industrial Development Authority ......................... 3857
Randolph County Development Authority................................... 3855
Richmond County; advertisment and promotion of the county .................4480
Richmond County; incinerators; garbage and refuse facilities; bonds........4483
Rockdale County; board of education ..................................... 4018
Rockdale County; school superintendent ................................... 4016
Rockmart Development Authority.............................................5488
Savannah; historic zones ................................................. 5077
Savannah; homestead exemption from school taxes............................4354
INDEX
XXXIX
Savannah; issuance of bonds without a referendum ....................4199, 4837
Savannah Airport Commission................,.................. ..........4203
Screven County; ad valorem tax exemption for qualifying manufacturing
establishments .................................................... 5697
Screven County Industrial Development Authority .........................5694
Smyrna; homestead exemption...............................................5525
Smyrna; homestead exemption for disabled residents ......................5523
Stephens County Development Authority .................................... 4153
Stewart County; board of education; elections I..........................3859
Stewart County; Chattahoochee River bridges........ .....................3863
Stewart County; electrical system ........................................3861
Stewart County; natural gas system........................................3865
Stewart County Industrial Development Authority ..........................3867
Tallapoosa Development Authority..........................................4688
Telfair County; county officers; ineligibility to hold office............4527
Troup County; board of education; school superintendent; Act continuing local
constitutional amendment repealed; referendum ..................... 3515
Turner County Development Authority........ ............................... 4708
Waco Development Authority................................................4692
Walton Industrial Building Authority .....................................4730
Ware County; county manager............................................. - 3679
Ware County; sheriff; county police force; powers........................4373
Ware County; tax to promote new industry ................................ 3904
Ware County; Waycross and Ware County Development Authority .............4379
Waycross; bonds for water works system...................................4375
Waycross; Downtown Waycross Development Authority.........................3906
Waycross; tax to promote new industry....................................4377
Waycross and Ware County Development Authority........................... 4379
Webster County Industrial Development Authority .........................4619
West Jackson Fire District ............................................ 4661
COURTS
SUPREME COURT
Appeals from probate courts in counties of more than 150,000 ............982
Attorneys; admission to practice; fingerprints; criminal records checks .279
Justices; retirement age..................................................1329
COURT OF APPEALS
Appeals from probate courts in counties of more than 150,000 ............ 982
Judges; retirement age.................................................. 1329
SUPERIOR COURTS
Appalachian Judicial Circuit; terms .......................................230
Appeals from probate courts in counties of more than 150,000 abolished...982
Appeals from the Department of Human Resources and county boards of
health...............................................................1280
Augusta Judicial Circuit; number of judges ................................417
XL
INDEX
Brantley County; clerk placed on annual salary .............................4589
Bulloch County; clerk; employees compensation..............................5556
Butts County; clerk; compensation ..........................................4165
Carroll County; clerk; compensation.........................................5080
Chatham County; clerk; compensation.........................................4797
Chatham County; venue; Georgia Ports Authority .............................164
Chattahoochee Judicial Circuit; assistant district attorneys; compensation .4793
Cherokee Judicial Circuit; assistant district attorney .....................4401
Clarke County; district attorney; personnel ................................4840
Clayton County; clerk; sheriff; compensation; deputy clerk ... .............5566
Clayton Judicial Circuit; district attorney; supplement.....................4760
Clayton Judicial Circuit; judges; supplement ...............................4756
Clerks; annual training; reimbursement of expenses .........................213
Clerks; fees and costs .....................................................1002
Clerks; first offenders; entries on criminal dockets and other records .....442
Clerks; minimum annual salaries ............................................ 833
Cobb County; clerk and deputy clerk; compensation ..........................4581
Cobb Judicial Circuit; district attorney; salary supplement; investigators;
assistant district attorneys ..........................................4726
Cobb Judicial Circuit; judges; salary supplements...........................3949
Dougherty Judicial Circuit; judges; supplements.............................3708
Eastern Judicial Circuit; judges pro hac vice; local constitutional amendment
continued..............................................................4357
Hall County; Lake Lanier Islands Development Authority; venue ..............377
Henry County; clerk; compensation ..........................................4171
Judges; continuing judicial education expenses; secretaries base salaries .794
Law clerks; payments to counties employing more than one law clerk..........1488
Mountain Judicial Circuit; district attorneys investigator; compensation ..5493
Mountain Judicial Circuit; terms............................................1526
Northeastern Judicial Circuit; additional judge..............................160
Piedmont Judicial Circuit; additional judge .................................163
Quitman County; clerk placed on an annual salary............................4545
Stone Mountain Judicial Circuit; additional judge ...........................423
Superior Court Judges Retirement System; retirement age; spouses benefits .... 1326
Upson County; clerk placed on an annual salary .............................4612
Walker County; clerk of the superior court; personnel; compensation.........4142
Western Judicial Circuit; district attorney; personnel .....................4840
JUVENILE COURTS
Cobb County; judges compensation...........................................4772
Designated felony acts; discharge from custody; motions; time limits .......192
Designated felony acts; services and treatment of children; disposition of children
upon reaching 17 years of age..........................................277
Employees of juvenile detention facilities; retirement......................1550
Termination of parental rights..............................................1017
PROBATE COURTS
Brantley County; judge placed on annual salary..............................4589
Bulloch County; clerks compensation; part-time employees...................4744
INDEX XLI
Catoosa County; clerical help for the judge... .............................4722
Chatham County; judge; clerk; compensation..................................4797
Clayton County; judge; compensation.........................................4758
Cobb County; judge; clerk; compensation.....................................4065
Counties of more than 150,000; practice and procedures; jury trials; appeals;
new trials..............................................................982
Henry County; judge; compensation ..........................................4171
Judges; qualifications; vacancies; chief clerks ............................1581
Judges; vacancies in office of county cbmmissioner; duties .................328
Oconee County; judge of the probate cdurt; treasurers office abolished .. 3895
Pistol licenses; residency requirements; jurisdiction........................481
STATE COURTS
Chatham County; judge; clerk; compensation..................................4797
Chattooga County; judge; practice of law; office facilities; solicitors
qualifications .........../............................................4540
Clarke County; judge; compensation..........................................5075
Clayton County; deputy clerk; compensation of judge and solicitor; fines and
forfeitures ...........................................................5569
Cobb County; assistant solicitors; compensation of solicitor, chief assistant, and
assistant solicitors...................................................5065
Cobb County; clerk; chief deputy clferk; compensation.......................4458
Cobb County; costs..........................................................5049
Cobb County; judges; compensation...........................................4700
DeKalb County; additional assistant solicitors...................... .......4466
DeKalb County; fees ..................................................... 4631
Fees in civil actions....................................................... 604
Gwinnett County; judges; solicitor; compensation ...........................5356
Miller County; judge and solicitor; salary .................................. 3921
Solicitors; residency requirements......................................... 171
Toombs County; judge and solicitor; compensation; clerical assistance ......4586
Walker County; judge and solicitor; compensation and expenses ..............4144
MAGISTRATE COURTS
Chatham County; chief magistrate; compensation..............................4797
Chatham County; judge emeritus; additional magistrates; compensation........5527
Constables; minimum age .................................................... 198
Costs and jail fees; committal hearings
Douglas County; chief magistrate; compensation............................. 5063
Fees in civil actions........................................................604
Henry County; law library fees .............................................3890
Municipal court services; contracts ............................,.......... 787
Prejudgment attachment; default judgments; appeals; executions; clerks......701
Putnam County; chief magistrate and clerk; compensation ....................3953
MUNICIPAL, RECORDERS, AND POLICE COURTS
Athens; municipal court; creation....... ...................................3883
Athens; municipal court; establishment......................................5761
XLII
INDEX
Chatham County; judge; compensation..........................................4797
Chatham County; recorders court; local constitutional amendment continued ... 4560
Emerson; mayors court established ..........................................4338
Lyons; recorders court; appeals; certiorari.........w.......................4795
Macon; municipal court; standby substitute judges; compensation of judges....5739
Magistrate courts; services; contracts....................................... 787
Marietta; municipal court; penalties.........................................5812
Marietta; municipal court; probation office..................................5068
Marshallville; mayors or recorders court; fines ...........................3879
Municipal courts; creation and jurisdiction..................................784
Newington; mayors or recorders court; penalties ...........................5776
Roswell; recorder ...........................................................3665
Thomaston; mayors court; fines; arrests .....,..............................5816
Traffic courts in cities of more than 300,000; senior judges ................455
White; mayors court; judge; certiorari..........g...........................4342
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Banks County; business licenses and taxes; local constitutional amendment
continued..............................................................5365
Banks County; staggered motor vehicle registration periods ..................5640
Banks County; superior court; additional judge...............................163
Barrow County Airport Authority; creation ...................................5518
Barrow County; board of commissioners; records; bids; purchases; sessions ...4542
Barrow County; staggered motor vehicle registration periods .................5644
Barrow County; superior court; additional judge..............................163
Bartow County; assistant district attorney ..................................4401
Bartow County; homestead exemption from school district taxation for certain
residents 62 or over; referendum .......................................5361
Berrien County Industrial Building Authority; local constitutional amendment
continued...............................................................3877
Bibb County and Macon; zoning and planning; local constitutional amendment
continued............................................................... 5308
Bibb County; board of public education and orphanage; compensation...........3809
Bibb County; Macon-Bibb County Board of Health; local constitutional
amendment continued ................................................. 4682
Bibb County; Macon-Bibb County Industrial Authority; local constitutional
amendment continued ..................................................... 4685
Bibb County; Macon-Bibb County Transit Authority; board members; insurance;
immunity................................................................4601
Bibb County; Macon-Bibb County Urban Development Authority; local
constitutional amendment continued......................................4698
Bibb County-Macon; consolidation of tax assessments and collection...........5533
Bibb County; office of treasurer abolished ............................. 5294
Bibb County; redevelopment powers; referendum ...............................4736
Bibb County; staggered motor vehicle registration periods; referendum........5620
Brantley County; clerk of the superior court; judge of the probate court; tax
commissioner; annual salaries in lieu of fees...........................4589
Brantley County; conveyance of state owned real property to the county ......567
INDEX
XLIII
Brooks County Development Authority; local constitutional amendment
continued.................................................................4739
Bulloch County; board of commissioners; chairman; clerk; deputy clerk ........4732
Bulloch County; clerk of the superior court; employees compensation..........5556
Bulloch County; coroner; compensation; travel expenses........................4748
Bulloch County; judge of the probate court; clerks compensation; part-time
employees ................................................................4744
Bulloch County; sheriff; deputies and employees; compensation; number.........5007
Bulloch County; staggered motor vehicle registration periods; referendum......5627
Bulloch County; tax commissioner; assistants compensation; part-time
employees ................................................................4746
Burke County; staggered motor vehicle registration periods ...................5612
Burke County; superior court; number of judges..................................417
Butts County; board of commissioners; vice chairman; vacancies................5026
Butts County; business licenses; penalties................................... 3846
Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water
and Sewer Authority; creation; Butts County Water Authority abolished ... 5457
Butts County; clerk of the superior court; compensation.......................4165
Butts County Industrial Development Authority; local constitutional amendment
continued.................................................................3848
Butts County; tax commissioner; compensation...................................5260
Calhoun County; board of education; local constitutional amendment
continued................................................................3940
Camden County; board of education; local constitutional amendment continued . 4363
Camden County; business and occupational license taxes.........................4558
Camden County; staggered motor vehicle registration periods; referendum.......5647
Candler County; Metter-Candler County Airport Authority created ..............4638
Carroll County; board of education; compensation and expenses ................4720
Carroll County; board of education; elections..................................4734
Carroll County; civil service board; composition; terms; officers; appeals ...4596
Carroll County; clerk of the superior court; compensation . ..................5080
Carroll County Government Authority Study Commission; creation ................5654
Catoosa County; board of utilities commissioners; compensation ...............5535
Catoosa County; commissioner; compensation; personnel .........................3540
Catoosa County; commissioner; hospitalization insurance for certain elected
officers; budgets; bids ..................................................5538
Catoosa County; judge of the probate court; clerical help.....................4722
Catoosa County; tax commissioner; compensation; help...........................5135
Chatham Area Transit Authority created.........................................5082
Chatham County; board of commissioners; transit services ......................5315
Chatham County; civil service systems; local constitutional amendment
continued.................................................................4222
Chatham County; construction and maintenance of streets; assessments; local
constitutional amendment continued ..................................... 4214
Chatham County; county and judicial officers; compensation.....................4797
Chatham County; Eastern Judicial Circuit; judges pro hac vice; local
constitutional amendment continued........................................4357
Chatham County; General Hospital Authority of West Chatham County; local
constitutional amendment continued...................................... 4352
Chatham County; homestead exemption from school taxes; local constitutional
amendment continued ......................................................4354
XLIV
INDEX
Chatham County; homestead exemptions; local constitutional amendment
continued.................................................................4219
Chatham County; magistrate court; judge emeritus; additional magistrates;
compensation .............................................................5527
Chatham County; ordinances; occupational license taxes; recorders court; local
constitutional amendment continued........................................4560
Chatham County; payment of property taxes; local constitutional amendment
continued................................................................ 4217
Chatham County; superior court; venue; Georgia Ports Authority..................164
Charlton County; county attorney; residence ...................................5701
Charlton County; tax commissioner; compensation; fees........................4790
Chattahoochee County; board of education; local constitutional amendment
continued................................................................. .4311
Chattahoochee County; business license fees and taxes; local constitutional
amendment continued ......................................................4315
Chattahoochee County; county school superintendent; appointment; local
constitutional amendment continued........................................ 4313
Chattahoochee County Industrial Development Authority; local constitutional
amendment continued ......................................................4317
Chattahoochee County; sheriff; local constitutional amendment continued .......4319
Chattahoochee County; sheriff; operating expenses..............................4575
Chattooga County; board of commissioners created; referendum ..................5138
Chattooga County Development Authority; local constitutional amendment
continued.................................................................4556
Chattooga County Hospital Authority; vacancies ................................4635
Chattooga County; local sales and use tax for education; formula for
allocation.............................................................. .3712
Chattooga County; state court; judge; practice of law; office facilities; solicitors
qualifications ...........................................................4540
Cherokee County; board of commissioners; creation; referendum..................3635
Cherokee County; board of education; appointment of chairman; terms;
vacancies .............................................................. 4393
Cherokee County Water and Sewerage Authority; powers; street lights; electrical
service billing.......................................................... 4776
Clarke County; coroner; compensation...........................................4710
Clarke County; district attorney; personnel ...................................4840
Clarke County; state court; judge; compensation.............................. 5075
Clayton County; board of commissioners; vice-chairman; compensation of
members ..................................................................5563
Clayton County; board of education; chairman; terms; vacancies.................4752
Clayton County; board of education; school superintendent; local constitutional
amendment continued ...................................................... 5013
Clayton County; board of education; vacancies ................................. 4754
Clayton County; business licenses and regulation; local constitutional amendment
continued.................................................................4762
Clayton County; civil service system; local constitutional amendment
continued............................................................... 5573
Clayton County; coroner; compensation..................................... 5015
Clayton County; employee pensions; benefits ...................................5663
Clayton County; homestead exemptions; referendum...............................5019
Clayton County; judge of the probate court; compensation.......................4758
INDEX
XLV
Clayton County; ordinances; penalties; local constitutional amendment
continued.................................................................5011
Clayton County; purchases ...................................................5668
Clayton County; sheriff; clerk of the superior court; compensation; deputy clerk . 5566
Clayton County; state court; deputy clerk; compensation of judge and solicitor;
fines and forfeitures ....................................................5569
Clayton County; tax commissioner; deputy tax commissioner; compensation .... 5017
Clayton County; waterworks and sewerage system; bonds; local constitutional
amendment continued ..................................................... 5009
Clayton Judicial Circuit; district attorney; supplement........................4760
Clayton Judicial Circuit; judges; supplement ..................................4756
Cobb County; alcoholic beverages; taxes; school districts; local constitutional
amendment continued ......................................................4052
Cobb County and municipalities therein; abolished municipalities; local
constitutional amendment continued........................................4412
Cobb County and municipalities therein; alcoholic beverage taxes; allocation to
schools; local constitutional amendment continued ........................4594
Cobb County; board of commissioners; compensation; chairman....................4157
Cobb County; board of education; compensation .................................4024
Cobb County; board of education; enactment of legislation without a referendum;
local constitutional amendment continued..................................4057
Cobb County; board of education; local constitutional amendment continued----4055
Cobb County; board of education; reapportionment of education districts; local
constitutional amendment continued........................................4416
Cobb County; board of education; school superintendent; local constitutional
amendment continued ......................................................4511
Cobb County; business licenses and taxes; local constitutional amendment
continued.................................................................5450
Cobb County; chief deputy sheriff; chief investigator; compensation ...........5312
Cobb County; civil service system; coverage ................................ 5448
Cobb County; civil service system; local constitutional amendment continued ... 4505
Cobb County; clerk and deputy clerk of the superior court; compensation......4581
Cobb County; fire protection districts; local constitutional amendment
continued................................................................ 4501
Cobb County; homestead exemption; county and school district purposes;
referendum ...............................................................4370
Cobb County; judge and clerk of the probate court; compensation..............4065
Cobb County; juvenile court; judges compensation..............................4772
Cobb County-Marietta Water Authority; bonding limits; compensation; vacancies;
competitive bidding.......................................................5296
Cobb County; medical examiner; local constitutional amendment continued......4507
Cobb County; ordinances; penalties; local constitutional amendment continued .. 4410
Cobb County; sewerage system; bonds; local constitutional amendment
continued.................................................................4509
Cobb County; solid waste facilities; bonds; local constitutional amendment
continued.................................................................4408
Cobb County; South Cobb County Courthouse Facilities Study Commission .........4021
Cobb County; state court; assistant solicitors; compensation of solicitor, chief
assistant, and assistant solicitors ................................... 5065
Cobb County; state court; clerk; chief deputy clerk; compensation..............4458
Cobb County; state court; costs................................................5049
XL VI
INDEX
Cobb County; state court; judges; compensation...............................4700
Cobb County; superior court judges; salary supplements.......................3949
Cobb County; tax commissioner; compensation of the chief clerk.............'.. .4112
Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment;
meetings................................................................ 5549
Cobb Judicial Circuit; district attorney; investigators; assistant district
attorneys .............................................................. 4726
Colquitt County; board of commissioners; composition; elections; districts;
compensation; powers............................................i.......... 3735
Colquitt County; board of education; compensation and expenses...............3722
Colquitt County; board of education; composition; elections; districts;
referendum ............................................................. 3724
Columbia County; staggered motor vehicle registration periods; referendum .... 5636
Columbia County; superior court; number of judges..............................417
Columbia County; Tri-County Water Authority.................................. 5318
Cook County; board of commissioners; composition; elections; districts.......5029
Cook County; board of education; school superintendent; elections;
compensation ............................................................5499
Dade County; board of education; quorum.......................................4767
Dawson County; homestead exemptions; referendum...............................4061
Dawson County; superior court; additional judge................................160
Decatur County; board of education; elections; school superintendent;
appointment; referendum ............................................... 4096
DeKalb County Airport Authority; membership ..................................5678
DeKalb County and municipalities therein; firemen; Acts on duty hours
repealed ..........................................................4712, 4714
DeKalb County; board of commissioners; budgets and expenditures .............5704
DeKalb County; board of education; operation of a junior college; local
constitutional amendment continued.......................................4333
DeKalb County; board of zoning appeals; membership...........................5672
DeKalb County; community relations commission; membership.....................5685
DeKalb County, Fulton County, and Atlanta; bonds; grandstands and stadiums;
local constitutional amendment continued.................................4786
DeKalb County; Fulton County; and Atlanta; hospital authorities; contracts; local
constitutional amendment continued.......................................4783
DeKalb County; garbage and solid waste collection and disposal contracts; local
constitutional amendment continued.................................... 5047
DeKalb County; governing authority; powers and duties; applicability of laws;
referendum ............................................................. 4107
DeKalb County Government Study Commission; creation .........................5650
DeKalb County Land Use Study Commission; re-creation.........................5530
DeKalb County; municipalities as special services tax districts; local constitutional
amendment continued .................................................... 4615
DeKalb County; pension board; definitions; contributions......................5716
DeKalb County; planning commission; membership................................5672
DeKalb County; staggered motor vehicle registration periods...................5611
DeKalb County; state court; additional assistant solicitors...................4466
DeKalb County; state court; fees ............................................ 4631
DeKalb County; superior court; additional judge................................423
Dodge County; board of education; elections; local constitutional amendment
continued................................................................4536
INDEX
XL VII
Dodge County-Eastman Development Authority; local constitutional amendment
continued.................................................................4534
Dougherty County; joint county-municipal board of registration and elections
created...................................................................3831
Dougherty County; staggered motor vehicle registration periods ...............5646
Dougherty Judicial Circuit; judges; supplements................................3708
Douglas County; coroner; compensation..........................................4750
Douglas County; Douglasville-Douglas County Water and Sewer Authority;
members; voting; compensation.............................................5072
Douglas County; magistrate court; chief magistrate; compensation .............5063
Douglas County; staggered motor vehicle registration periods; referendum.......5618
Early County Development Authority; local constitutional amendment
continued.................................................................4618
Effingham County Industrial Development Authority; ad valorem taxation;
powers and duties; membership.............................................3873
Effingham County Industrial Development Authority; local constitutional
amendment continued ......................................................3886
Effingham County; staggered motor vehicle registration periods ................5630
Elbert County; board of commissioners; elections; districts; compensation; duties 3598
Elbert County; board of education; re-creation; referendum....................3578
Emanuel County; conveyance of state property......................................8
Emanuel County Development Authority; local constitutional amendment
continued.................................................................4741
Evans County; board of education; compensation; expenses......................4051
Fannin County; board of registrations and elections created....................3533
Fannin County; superior court terms ............................................230
Floyd County; board of elections and registration created ....................5289
Floyd County; homestead exemption; referendum..................................5511
Floyd County; school district; homestead exemption; referendum................5057
Forsyth County; board of commissioners; expense allowance.....................4395
Forsyth County; Etowah-Forsyth Water Authority; members; appointment ..........4680
Forsyth County; homestead exemption from school district taxes; referendum ... 4347
Forsyth County; merit or civil service system; local constitutional amendment
continued.................................................................4573
Forsyth County Water and Sewerage Authority; abolition; transfer of rights,
obligations, and employees to Forsyth County..............................3658
Fulton County and political subdivisions therein; ad valorem taxation; procedures;
local constitutional amendment continued..................................4432
Fulton County; annexation of territory by City of Atlanta; school system; local
constitutional amendment continued........................................4812
Fulton County; assumption of school district debt by city of Atlanta; local
constitutional amendment continued........................................4814
Fulton County, Atlanta, and DeKalb County; bonds; grandstands and stadiums;
local constitutional amendment continued..................................4786
Fulton County; Atlanta; freeport exemption; urban enterprise zones; local
constitutional amendment continued........................................4426
Fulton County; Atlanta-Fulton County Taxation Study Commission; creation ... 5652
Fulton County; board of commissioners; advertising and promoting the county;
local constitutional amendment continued..................................4029
Fulton County; board of commissioners; board of education; branch offices; local
constitutional amendment continued........................................4043
XL VIII
INDEX
Fulton County; business licenses and taxes; local constitutional amendment
continued...................................................................4045
Fulton County; civil service system; coverage; local constitutional amendment
continued...................................................................4452
Fulton County; civil service system; local constitutional amendment continued .. 4420
Fulton County; county and school district taxes; homestead exemption;
referendum .................................................................4359
Fulton County; county officers; chief clerks, assistants, or deputies; local
constitutional amendment continued..........................................4774
Fulton County; county-wide library system; title to real property; special district;
taxation ...................................................................5370
Fulton County; DeKalb County; Atlanta; hospital authorities; contracts; local
constitutional amendment continued..........................................4783
Fulton County; detention facilities; local constitutional amendment continued .. 4428
Fulton County; expenditure of county funds to support state-owned institutions;
local constitutional amendment continued....................................4450
Fulton County; garbage disposal districts; local constitutional amendment
continued...................................................................4454
Fulton County; general obligation bonds; issuance without a referendum; certain
public improvements; local constitutional amendment continued ............4444
Fulton County; governing authority; powers, responsibilities, and limitations;
local constitutional amendment continued....................................4442
Fulton County; grants to municipalities for recreational programs; local
constitutional amendment continued..........................................4436
Fulton County; homestead exemption for residents who are disabled or 65 or
older; local constitutional amendment continued.............................4434
Fulton County; homestead exemptions; nonprofit cooperative ownership housing
corporation stockholders; local constitutional amendment continued .........4448
Fulton County Industrial District; educational taxation; local constitutional
amendment continued ....................................................... 4438
Fulton County; landfills; local constitutional amendment continued ...............4418
Fulton County; medical examiner; local constitutional amendment continued ... 4031
Fulton County; operation of recreational programs in cities of 5,000 or less; local
constitutional amendment continued..........................................4446
Fulton County; ordinances; local constitutional amendment continued...............4027
Fulton County; pension system; participation; local constitutional amendment
continued...................................................................4039
Fulton County; recreational programs in cities of not more than 5,000; local
constitutional amendment continued..........................................4035
Fulton County; redevelopment powers; referendum ..................................4148
Fulton County; retirement system; increases in benefits; local constitutional
amendment continued ...................................................... 4041
Fulton County; services districts; taxation; local constitutional amendment
continued................................................................ 4430
Fulton County; sewerage, water, and fire prevention systems; parks; taxes; local
constitutional amendment continued..........................................4422
Fulton County; stadium; local constitutional amendment continued .................4047
Fulton County; street improvements; local constitutional amendment
continued...................................................................4033
Fulton County; tax commissioner; chief deputy; local constitutional amendment
continued...................................................................4440
INDEX
XLIX
Fulton County; tax commissioner; collection of taxes for the City of Atlanta;
local constitutional amendment continued.................................4037
Fulton County; tax commissioner; uncollectible checks for automobile license
tags; local constitutional amendment continued...........................4049
Fulton County; urban enterprise zones; taxation; local constitutional amendment
continued .........................................................4424, 4426
Gilmer County; superior court terms ..........................................230
Glynn County; staggered motor vehicle registration periods ...................5632
Gordon County; assistant district attorney ............... ...................4401
Gordon County; coroner; compensation; deputy coroners ........................4718
Greene County; board of commissioners; elections; districts; vacancies........3684
Greene County; board of education; elections; districts; vacancies ...........3696
Greene County Development Authority; membership; terms of office .............. .3681
Gwinnett County; board of education; compensation ............................5354
Gwinnett County; board of education; chairman; term ..........................4552
Gwinnett County; board of education; school superintendent; local constitutional
amendment continued .....................................................4626
Gwinnett County; business license taxes; solid waste disposal; ambulance service;
cable television; local constitutional amendment continued ..............4624
Gwinnett County; fire protection districts; sewerage districts; local constitutional
amendment continued ..................................................... 4554
Gwinnett County; garbage disposal; landfills; sanitation districts; local
constitutional amendment continued........................................4547
Gwinnett County Industrial Building Authority; local constitutional amendment
continued............................................................... 4549
Gwinnett County; merit system board; executive secretary; personnel director;
meetings.................................................................5303
Gwinnett County; merit system; local constitutional amendment continued.......4621
Gwinnett County; ordinances; speed limits; bridges; truck routes; local
constitutional amendment continued........................................5359
Gwinnett County; staggered motor vehicle registration periods; referendum .... 5625
Gwinnett County; state court; judges; solicitor; compensation..................5356
Gwinnett County; water, sanitation, sewerage, and fire protection districts; local
constitutional amendment continued..................................... 4629
Habersham County; board of commissioners; compensation.........................5554
Habersham County; board of education; borrowing; local constitutional
amendment continued ......................................................3827
Habersham County; district attorney; investigator............................ 5493
Habersham County; homestead exemption from school taxes; local constitutional
amendment continued ......................................................3807
Habersham County; superior court; terms........................................1526
Hall County; board of education; local constitutional amendment continued .... 4330
Hall County; business and occupational licenses and taxes ....................4326
Hall County; business and occupation licenses and taxes; local constitutional
amendment continued ......................................................5344
Hall County; civil service system; local constitutional amendment continued .... 4324
Hall County; Gainesville and Hall County Development Authority; local
constitutional amendment continued....................................... 4328
Hall County; Lake Lanier Islands Development Authority; venue ................ 377
Hall County; power of taxation; assessment dates; tax bills; local constitutional
amendment continued ......................................................4321
L
INDEX
Hall County; school, district; homestead exemption; referendum............. . .3811
Hall County; staggered motor vehicle registration; referendum ----------------5616
Hall County; superior court; additional judge ................................160
Haralson County; contracts for lease or acquisition of a county courthouse; local
constitutional amendment continued ....------...... ...................4690
Haralson County; tax commissioner; commission for collection of school taxes , .5154
Haralson County Water Authority; membership; terms; quorum; vacancies.........4657
Harris County; board of education; education districts --------------- ----... 4517
Hart County; coroner; compensation......................... ................... .5310
Heard County; Franklin-Heard County Water Authority; sewage projects;
limitations on bonds and interest rates.................................5367
Henry County; business licenses and taxes; racetracks; local constitutional
amendment continued ....................................................4806
Henry County; homestead exemptions from school district taxes; residents 62
or over or totally disabled; referendum.................................5053
Henry County; magistrate court; law library fees..............................3890
Henry County; sheriff; judge of the probate court; clerk of the superior court;
tax commissioner; compensation .................................,{>...4171
Henry County; staggered motor vehicle registration periods; referendum ......... 5607
Houston County and county school district; limits on ad valorem taxes; local
constitutional amendment continued...................................... 4209
Houston County; board of commissioners; redevelopment powers; referendum ... 3901
Houston County; county school system; local sales and use tax; local constitutional
amendment continued .................................................. 4715
Jackson County; board of education; school superintendent; local constitutional
amendment continued ................................................... 5061
Jackson County Industrial Development Authority; local constitutional
amendment continued ................................................... 4702
Jackson County; jurisdiction of the Georgia Bureau of Investigation; local
constitutional amendment continued................................... 4704
Jackson County; staggered motor vehicle registration periods..................5639
Jackson County; superior court; additional judge .............................163
Jackson County Water and Sewerage Authority; creation ........................5473
Jackson County; West Jackson Fire District; local constitutional amendment
continued..........................................;...................4661
Jasper County; board of commissioners; compensation ..........................4853
Jasper County; business licenses and taxes....................................4781
Jasper County Industrial Development Authority; local constitutional
amendment continued ....................................................4155
Jeff Davis County; malt beverages and wine ...............s...................5710
Jefferson County and local taxing jurisdictions therein; discount for early
payment of ad valorem taxes; local constitutional amendment continued ... 4404
Jenkins County; staggered motor vehicle registration periods..................5609
Lanier County; Lakeland-Lanier County Charter Commission Act; referendum .. 3609
Laurens County; board of education; elections; referendum ....................3821
Liberty County; board of commissioners; elections; districts; vacancies.......3557
Liberty County; board of education; creation; elections; districts; referendum ... 3542
Liberty County; school superintendent; appointment; referendum................3554
Lincoln County; board of commissioners; composition; elections; terms; districts;
county attorney; meetings.............................................. 3653
Lincoln County; board of education; elections; districts; vacancies; referendum .. 3661
INDEX LI
Lincoln County; tax commissioner; compensation; expenses......................4478
Lincoln County; Tri-County Water Authority....................................5318
Lowndes County; conveyance of state property to the board of commissioners .... 551
Lumpkin County; staggered motor vehicle registration periods..................5605
Lumpkin County; superior court; additional judge .............................160
Marion County; board of commissioners; elections; districts; terms;
referendum ...............................................................5558
Marion County; board of education; elections; referendum.......................5023
McDuffie County; Tri-County Water Authority ...................................5318
Meriwether County; board of education; school superintendent; local
constitutional amendment continued........................................3838
Meriwether . County Development Authority; local constitutional amendment
continued.................................................................3840
Miller County; board of education; districts ..................................3917
Miller County; state court; judge and solicitor; salary.......................3921
Mitchell County; school superintendent; appointment; referendum................3892
Monroe County; grand jury; arbitration of disputes relating to county matters;
local constitutional amendment continued..................................4150
Monroe County Industrial Development Authority; local constitutional
amendment continued ......................................................4584
Morgan County; business and occupational license taxes ........................4163
Muscogee County; ad valorem taxation of personal property in transit or stored;
local constitutional amendment continued..................................3803
Muscogee County; advisory referendum on school board elections.................3927
Muscogee County; appropriations for advertising and promotion; local
constitutional amendment continued........................................3788
Muscogee County; assistant district attorneys .................................4793
Muscogee County; charter review commission; local constitutional amendment
continued............................................................... 3805
Muscogee County; Columbus Airport Commission; local constitutional
amendment continued .................................................. 3776
Muscogee County; Columbus Building Authority; local constitutional amendment
continued.................................................................3778
Muscogee County; Columbus, Georgia; merger of school systems; local
constitutional amendment continued........................................3772
Muscogee County; Columbus-Muscogee County Port Development Commission;
local constitutional amendment continued..................................3780
Muscogee County; consolidation of city and county governments; local
constitutional amendment continued........................................3784
Muscogee County Health Department; local constitutional amendment
continued.................................................................3774
Muscogee County; homestead exemptions; local constitutional amendments
continued ..........................................................3796, 3798
Muscogee County Industrial Development Authority; local constitutional
amendment continued ......................................................3782
Muscogee County; revenue bonds; local constitutional amendment continued ... 3790
Muscogee County; school district; homestead exemptions; local constitutional
amendment continued.................................................3792, 3794
Muscogee County; school district; museums; art galleries; art centers..........3842
Muscogee County; school superintendent; emergency contracts .................. 3844
LII
INDEX
Muscogee County; staggered motor vehicle registration periods ................5614
Muscogee County; street improvement bonds; local constitutional amendment
continued................................................................3786
Muscogee County; valuation of homestead property; local constitutional
amendment continued .....................................................3800
Newton County; board of education; chairman ...................................4211
Newton County; business licenses; sports activities; taxes; local constitutional
amendment continued .....................................................3908
Newton County; ordinances; enforcement; local constitutional amendment
continued................................................................4468
Newton County; sewerage, water, sanitation, garbage collection, landfill, and fire
districts; local constitutional amendment continued .....................4571
Newton County; tax assessments, levies, bills, notices, and payments; defaults;
local constitutional amendment continued.................................4568
Oconee County; board of education; local constitutional amendment continued .. 4562
Oconee County Public Utility Authority ........................................4123
Oconee County; treasurers office abolished; duties of judge of the probate
court....................................................................3895
Oglethorpe County; board of commissioners created .............................3586
Oglethorpe County; board of education; elections; referendum ................. 3568
Oglethorpe County Development Authority; local constitutional amendment
continued.............................................................. 3852
Paulding County Industrial Building Authority; local constitutional amendment
continued................................................................5690
Paulding County; school superintendent; appointment; referendum ...............4335
Peach County Water and Sewerage Authority; creation ...........................4663
Pickens County; commissioner; compensation ....................................4381
Pickens County; superior court terms............................................230
Pike County Recreation Authority; creation.....................................4070
Polk County; staggered motor vehicle registration periods; referendum..........5633
Polk County; tax commissioner; compensation....................................4788
Pulaski County; deputy sheriffs; salary; number................................3850
Putnam County; board of education; compensation and per diem .................4525
Putnam County; magistrate court; chief magistrate and clerk; compensation-----3953
Quitman County; clerk of the superior court placed on an annual salary .......4545
Quitman County Industrial Development Authority; local constitutional
amendment continued .....................................................3857
Rabun County; board of commissioners; chairman ................................5004
Rabun County; district attorney; investigator .................................5493
Rabun County; superior court; terms ...........................................1526
Randolph County; board of commissioners; re-creation; elections................3624
Randolph County Development Authority; local constitutional amendment
continued................................................................3855
Richmond County; advertisment and promotion of the county; local constitutional
amendment continued .....................................................4480
Richmond County; incinerators; garbage and refuse facilities; bonds; local
constitutional amendment continued.......................................4483
Richmond County; superintendent of the board of education; terms; removal ... 4167
Richmond County; superior court; number of judges ..............................417
Rockdale County; board of education; local constitutional amendment
continued................................................................4018
INDEX LIII
Rockdale County; school superintendent; local constitutional amendment
continued................................................................4016
Schley County; transfer of structure from the Georgia Forestry Commission ...532
Screven County; ad valorem tax exemption for qualifying manufacturing
establishments; local constitutional amendment continued................5697
Screven County Industrial Development Authority; local constitutional
amendment continued ........................ ...........................5694
Screven County; staggered motor vehicle registration periods; referendum.....5642
South Cobb County Courthouse Facilities Study Commission .....................4021
Spalding County; coroner; compensation .......................................5545
Spalding County; homestead exemptions; referendum.............................4855
Spalding County; staggered motor vehicle registration periods; referendum....5623
Stephens County; board of commissioners; compensation ........................4743
Stephens County Development Authority; local constitutional amendment
continued................................................................4153
Stephens County; district attorney; investigator .............................5493
Stephens County; superior court; terms........................................1526
Stewart County; board of education; elections; local constitutional amendment
continued................................................................3859
Stewart County; Chattahoochee River bridges; local constitutional amendment
continued................................................................3863
Stewart County; electrical system; local constitutional amendment continued ... 3861
Stewart County Industrial Development Authority; local constitutional
amendment continued .....................................................3867
Stewart County; natural gas system; local constitutional amendment
continued................................................................3865
Sumter County; public school system created; referendum.......................3501
Talbot County; deputy sheriffs ...............................................4120
Tattnall County; board of education; compensation ............................3888
Telfair County; county officers; ineligibility to hold office; local constitutional
amendment continued .................................................... 4527
Tift County; board of commissioners; composition; districts; elections........5274
Tift County; board of education; composition; districts; elections; qualifications .. 5262
Toombs County; board of commissioners; compensation ..........................4159
Toombs County; state court; judge and solicitor; compensation; clerical
assistance............................................................ 4586
Towns County; district attorney; investigator.................................5493
Towns County; superior court; terms ..........................................1526
Troup County; board of education; district defined; referendum ..............3633
Troup County; board of education; school superintendent; Act continuing local
constitutional amendment repealed; referendum ...........................3515
Troup County; Mountville Water Authority......................................3531
Turner County Development Authority; local constitutional amendment
continued................................................................4708
Turner County; sheriff; compensation..........................................4706
Twiggs County; school superintendent; appointment; referendum ................5542
Walker County; clerk of the superior court; personnel; compensation..........4142
Walker County; coroner; compensation .........................................4146
Walker County; state court; judge and solicitor; compensation and expenses .... 4144
Walker County; tax commissioner; compensation of personnel ...................4139
Walton County; coroner; compensation ........................................ 3819
LIV
INDEX
Walton Industrial Building Authority; local constitutional amendment
continued...............................................................4730
Ware County; board of commissioners; compensation ...........................4213
Ware County; board of commissioners; composition; elections; districts; officers;
compensation ...........................................................5374
Ware County; coroner; compensation ..........................................3913
Ware County; county manager; local constitutional amendment continued........3679
Ware County; sheriff; county police force; powers; local constitutional amendment
continued...............................................................4373
Ware County; tax to promote new industry; local constitutional amendment
continued...............................................................3904
Ware County; Waycross and Ware County Development Authority; local
constitutional amendment continued......................................4379
Washington County; homestead exemption for persons 65 or older;
referendum .............................................................4485
Washington County; homestead exemption from county school taxes;
referendum .............................................................4489
Wayne County; coroner; compensation..........................................3942
Wayne County; tax commissioner; compensation; employees......................4858
Webster County Industrial Development Authority; local constitutional
amendment continued ....................................................4619
West Jackson Fire District; local constitutional amendment continued ....... 4661
White County; superior court; additional judge ..............................160
Whitfield County; board of commissioners; composition; elections; compensation;
referendum .............................................................5597
Wilkes County; board of education; composition; elections; districts;
referendum .............................................................4091
Worth County; board of education; compensation...............................3710
Worth County; board of education; membership; elections; referendum .........3716
Union County; district attorney; investigator................................5493
Union County; superior court; terms .........................................1526
Upson County; clerk of the superior court placed on an annual salary ........4612
Upson County; school district; homestead exemption; referendum...............4497
COUNTIES AND COUNTY MATTERS BY POPULATION
100.000 or more; voter registration places...................................772
100.000, more than; judges of the probate courts; qualifications ............1581
150.000, more than; probate courts; practice and procedures; jury trials; appeals;
new trials............................................................. 982
190,000-210,000; Act providing compensation of county officers repealed ......229
300.000 or more, counties having a city of; joint city-county boards of tax assessors;
local constitutional amendment continued................................4456
550.000 or more; boards of commissioners; compensation ......................378
550,000 or more; county-wide public library system; local constitutional
amendment continued ....................................................4832
550,000 or more; public works contracts; lowest responsible bidder..........309
550,000 or more and municipalities therein; checks or money orders for payment
of taxes..................................................................
274
INDEX LV
COUNTY MATTERSHOME RULE AMENDMENTS
Charlton County; county attorney; residence ...............................5701
Clayton County; employee pensions; benefits ............................... 5663
Clayton County; purchases ................................................. 5668
DeKalb County; board of commissioners; budgets and expenditures .......... 5704
DeKalb County; board of zoning appeals; membership ....................... 5672
DeKalb County; community relations commission; membership......... .........5685
DeKalb County; pension board; definitions; contributions....................5716
DeKalb County; planning commission; membership..............................5672
DeKalb County Airport Authority; membership ...............................5678
Jeff Davis County; malt beverages and wine ................................ 5710
Paulding County Industrial Building Authority; local constitutional amendment
continued............................................................ 5690
Screven County; ad valorem tax exemption for qualifying manufacturing
establishments; local constitutional amendment continued...............5697
Screven County Industrial Development Authority; local constitutional
amendment continued ...................................................5694
MUNICIPAL CORPORATIONS
NAMED CITIES
Acworth Downtown Development Authority; local constitutional amendment
continued........................................................... 4386
Acworth; mayor and aldermen; elections; qualifications; terms; referendum..3752
Adairsville Development Authority; local constitutional amendment
continued..............................................................4696
Adel; bonds; local constitutional amendment continued ......................3875
Albany; assessments for street improvements ................................5802
Albany; joint county-municipal board of registration and elections created..3831
Allentown; new charter .................................................... 5227
Alma; date of appointment of city officers..................................5758
Alpharetta; corporate limits ............................................. 3673
Alto; mayor and council; terms; elections .................................K 5383
Americus; municipal election date...........................................5042
Americus; school system merger; referendum .........!......................3501
Athens; municipal court; creation ........................................ 3883
Athens; municipal court; establishment..................................... 5761
Atlanta; ad valorem taxes to retire city revenue obligations; local constitutional
amendment continued ...................................................4828
Atlanta; assumption of debt of Fulton County School District when territory is
annexed; local constitutional amendment continued......................4814
Atlanta; bonded indebtedness for water and solid waste disposal systems; local
constitutional amendment continued.....................................4818
Atlanta; collection of city taxes by tax commissioner of Fulton County; local
constitutional amendment continued.....................................4037
Atlanta; community improvement districts....................................4174
Atlanta; contracts; hospital authorities; Fulton and DeKalb Counties; local
constitutional amendment continued.....................................4783
Atlanta; $45 million bonded indebtedness for school facilities and equipment;
local constitutional amendment continued...............................4564
LVI
INDEX
Atlanta; freeport exemption; urban enterprise zones; local constitutional
amendment continued .....................................................4426
Atlanta, Fulton County, and DeKalb County; bonds; grandstands and stadiums;
local constitutional amendment continued.................................4786
Atlanta-Fulton County Taxation Study Commission; creation.....................5652
Atlanta; historic zones; local constitutional amendment continued ............4826
Atlanta; issuance of bonds for municipal purposes without a referendum; local
constitutional amendment continued..................................... 4824
Atlanta; issuance of bonds for school purposes without a referendum; local
constitutional amendment continued...................................... 4822
Atlanta; maximum indebtedness; local constitutional amendment continued .... 4816
Atlanta; Metropolitan Atlanta Rapid Transit Authority; insurance; retirement;
collective bargaining; arbitration ......................................3756
Atlanta; Metropolitan Atlanta Rapid Transit Authority; operating revenue ..... 4115
Atlanta; redevelopment powers; referendum ....................................4834
Atlanta; revenue bonds for off-street parking facilities; local constitutional
amendment continued .....................................................4830
Atlanta; revenue bonds; water works and sanitation systems; local constitutional
amendment continued .....................................................4810
Atlanta; school system; annexation of territory into city; local constitutional
amendment continued .....................................................4812
Atlanta; stadium; local constitutional amendment continued ...................4047
Atlanta; urban enterprise zones; purposes; size; exemptions ..................5346
Atlanta; urban enterprise zones; taxation; local constitutional amendment
continued.......................................................'.......4424
Augusta; city council; terms; composition; elections..........................5656
Austell; discount for prompt payment of ad valorem taxes; local constitutional
amendment continued .....................................................4389
Austell; homestead exemptions; local constitutional amendment continued 4384, 4414
Austell; homestead exemption for persons 65 or over; local constitutional
amendment continued .....................................................4391
Austell; new charter ..................................................... .,4902
Baldwin; new charter ....................................................... 5578
Bogart; election of officers; personnel plan repealed.........................5789
Buford; corporate limits..................................................... 5386
Cairo; conveyance of state property............................................520
Cairo; mayor and council; qualifications; elections; districts; ex officio mayor pro
tempore .................................................................5336
Camilla; councilmen; voting districts; elections ........................... 4493
Canton; corporate limits......................................................3607
Carrollton; corporate limits; deannexation ...................................4470
Cartersville Development Authority; local constitutional amendment continued . 4694
Cave Spring; conveyance of state property to city............................... 262
Cedartown Development Authority; local constitutional amendment
continued................................................................5070
Centerville; redevelopment powers; referendum .............................. 5157
Chamblee; election districts..................................................5796
Chamblee; mayor and councilmen; majority vote to fix compensation............5753
Chatsworth; mayor and aldermen; date for taking office..................... .3869
City of Islands; incorporation; charter; referendum ..........................4872
Clayton; homestead exemptions; referendum ....................................4778
INDEX
LVII
Cobb County and municipalities therein; abolished municipalities; local
constitutional amendment continued....................................... 4412
Cobb County and municipalities therein; alcoholic beverage taxes; allocation to
schools; local constitutional amendment continued ........................4594
College Park; corporate limits ................................................5575
Collins; mayor; terms of office; referendum..................................,4472
Columbus, Georgia; ad valorem taxation of personal property in transit or stored;
local constitutional amendment continued..................................3803
Columbus, Georgia; appropriations for advertising and promotion; local
constitutional amendment continued........................................3788
Columbus, Georgia; charter review commission; local constitutional amendment
continued.................................................................3805
Columbus, Georgia; code of ethics; penalties...................................4206
Columbus, Georgia; Columbus Airport Commission; local constitutional
amendment continued ..................................................... 3776
Columbus, Georgia; Columbus Building Authority; local constitutional
amendment continued ......................................................3778
Columbus, Georgia; Columbus-Muscogee County Port Development Commission;
local constitutional amendment continued............................... 3780
Columbus, Georgia; consolidation of city and county governments; local
constitutional amendment continued........................................3784
Columbus, Georgia; homestead exemptions; local constitutional amendment
continued............................................................... 3798
Columbus, Georgia; mayor and councilors; vacancies.............................4515
Columbus, Georgia; Muscogee County Health Department; local constitutional
amendment continued ..................................................... 3774
Columbus, Georgia; Muscogee County; homestead exemptions; local constitutional
amendment continued ..................................................... 3796
Columbus, Georgia; Muscogee County Industrial Development Authority; local
constitutional amendment continued....................................... 3782
Columbus, Georgia; Muscogee County; merger of school systems; local
constitutional amendment continued........................................3772
Columbus, Georgia; Muscogee County School District; homestead exemptions;
local constitutional amendment continued..................................3794
Columbus, Georgia; revenue bonds; local constitutional amendment continued .. 3790
Columbus, Georgia; school district; homestead exemptions; local constitutional
amendment continued ......................................................3792
Columbus, Georgia; school district; museums; art galleries; art centers .......3842
Columbus, Georgia; school superintendent; emergency contracts .................3844
Columbus, Georgia; street improvement bonds; local constitutional amendment
continued............................................................... 3786
Columbus, Georgia; valuation of homestead property; local constitutional
amendment continued ......................................................3800
Comer; mayor; term of office................................................. 4724
Commerce; corporate limits; city manager; school tax; compensation of school
board......................... .................I.......................5452
Covington; City of Covington Parking Authority; local constitutional amendment
continued................................................................ 3871
Dalton; City of Dalton Building Authority; local constitutional amendment
continued.................................................................5547
Dalton; Downtown Dalton Development Authority; local constitutional
amendment continued .................................................. 3881
LVIII
INDEX
Decatur; homestead exemption for residents 65 or over; referendum ............4475
DeKalb County and municipalities therein; firemen; Act on duty hours
repealed ......................................... ................4712, 4714
Douglasville-Douglas County Water and Sewer Authority; members; voting rights;
terms; quorum; compensation .............................................. 5072
Duluth; mayor and council; compensation; officers; clerk .....................4769
East Ellijay; new charter.....................................................5416
Eastman; corporate limits ....................................................4538
Eastman; Dodge County-Eastman Development Authority; local constitutional
amendment continued .................................................. 4534
East Point Business and Industrial Development Authority; membership; powers;
local constitutional amendment continued..................................4461
East Point; retirement system; inclusion of employees; contributions..........5824
Elberton; mayor and councilmen; election dates ...............................4309
Eleanor; abolished; charter repealed..........................................4610
Ellaville; mayor and council; composition; elections; districts ..............4011
Emerson; mayors court established ...........................................4338
Flovilla; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg
Water and Sewer Authority created .......................................5457
Forsyth; corporate boundaries ................................................ 4367
Franklin-Heard County Water Authority; sewage projects; limitations on bonds
and interest rates ................................................... 5367
Gainesville and Hall County Development Authority; local constitutional
amendment continued .....................................................4328
Gainesville; independent school district; homestead exemption; referendum.....3815
Garden City; corporate limits ................................................ 4578
Griffin Development Authority; local constitutional amendment continued ...... 3915
Hapeville; corporate limits....................................................4345
Helen; city council changed to "city commission..............................4397
Hiawassee; corporate limits....................................................3955
Hiram; councilmen; elections; terms of mayor and councilmen..................4398
Islands, City of; incorporation; charter; referendum...........................4872
Ivey; new charter..............................................................5160
Jackson; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg
Water and Sewer Authority created ........................................5457
Jackson; mayor and council members; districts; special election; terms;
qualifications; vacancies.................................................3675
Jeffersonville; mayor and council; terms ......................................3910
Jenkinsburg; Butts County, City of Flovilla, City of Jackson, and City of
Jenkinsburg Water and Sewer Authority created ............................5457
Jesup; referendum for franchise for distribution of electric current .........5780
Kingsland Development Authority; local constitutional amendment continued .. 4365
LaGrange; Downtown LaGrange Development Authority; district limits ............4086
Lakeland-Lanier County Charter Commission Act; referendum .....................3609
Lawrenceville; new charter ....................................................4961
Lyons; recorders court; appeals; certiorari...................................4795
Macon-Bibb County Board of Health; local constitutional amendment
continued................................................................ 4682
Macon-Bibb County; consolidation of tax assessments and collection; local
constitutional amendment continued........................................5533
INDEX LIX
Macon-Bibb County Industrial Authority; local constitutional amendment
continued................................................................4685
Macon-Bibb County Transit Authority; board members; insurance; immunity ... 4601
Macon-Bibb County Urban Development Authority; local constitutional
amendment continued .................................................... 4698
Macon-Bibb County; zoning and planning; local constitutional amendment
continued................................................................5308
Macon; fire and police employees retirement; normal and delayed retirement
dates....................................................................5727
Macon; fire and police employees retirement system; contributions ..........5764
Macon; mayors veto ..........................................................5744
Macon; municipal court; standby substitute judges; compensation of judges....5739
Macon; pensions and retirement system; contributions.........................5771
Macon; pensions and retirement system; exclusions from participation ........5731
Macon; preferential city tax assessments for revitalized or rehabilitated
residential property; local constitutional amendment continued ..........5002
Macon; redevelopment powers; referendum .................................... 5038
Marietta; board of lights and water works; local constitutional amendment
continued................................................................4059
Marietta; bonded indebtedness for educational purposes; local constitutional
amendment continued .....................................................4406
Marietta; civil service board and clerk; compensation....................... 5805
Marietta; civil service; fire and police departments .........................5832
Marietta; Cobb County-Marietta Water Authority; bonding limits; compensation;
vacancies; bids ........................................................ 5296
Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority; members;
meetings............................................................... 5549
Marietta; combined water, sewerage, and electric systems; bonds; local
constitutional amendment continued.......................................5509
Marietta; corporate limits; deannexation ..............................3959, 4948
Marietta; council; qualifications; municipal court; probation office..........5068
Marietta; Downtown Marietta Development Authority; district ..................5515
Marietta; Downtown Marietta Development Authority; local constitutional
amendment continued .................................................... 4503
Marietta; homestead exemption; referendum.....................................5043
Marietta; mayor and council; salary and expense allowance ...................5783
Marietta; municipal court; penalties....................................... 5812
Marietta; penalties for violation of charter..................................5809
Marshallville; mayors or recorders court; fines ............................3879
Metter-Candler County Airport Authority created ..............................4638
Milledgeville; corporate limits ............................................ 3945
Moultrie; corporate limits; qualifications of councilmen; voting in zoning
matters .............................................................. 4604
Mountville Water Authority; revenue bonds ....................................4764
Mountville Water Authority; service area; revenue bonds .....................3531
Newington; mayors or recorders court; penalties ........................... 5776
Nunez; new charter...................................................;.......5195
Pelham; board of education; elections; referendum.............................3648
Pelham; mayor and council; elections; districts; terms..I....................3644
Perry; City of Perry Industrial Building Authority; local constitutional
amendment continued .................................................... 4194
Perry; redevelopment powers; referendum ......................................4196
LX
INDEX
Pooler; corporate limits; referendum .........................................5592
Pooler; name changed to "City of Pooler..................................... 5736
Powder Springs Downtown Development Authority; local constitutional
amendment continued .....................................................4513
Register; town boundaries; election of mayor and council......................4607
Richland; corporate limits ...................................................5490
Rockmart Development Authority; local constitutional amendment continued .. 5488
Rome; school district; homestead exemption; referendum........................4530
Rossville; office of tax assessor and tax coordinator abolished. .............4687
Roswell; mayor and councilmen; elections; vacancies; election dates; recorder ... 3665
Savannah; corporate limits; taxes ............................................4522
Savannah; Downtown Savannah Authority; local constitutional amendment
continued................................................................4201
Savannah; historic zones; local constitutional amendment continued ...........5077
Savannah; homestead exemption from school taxes; local constitutional
amendment continued .....................................................4354
Savannah; issuance of bonds without a referendum; local constitutional
amendment continued..................................................4199, 4837
Savannah; Savannah Airport Commission; local constitutional amendment
continued............................................................. 4203
Savannah Transit Authority; Chatham Area Transit Authority....................5082
Smyrna; Downtown Smyrna Development Authority; local constitutional
amendment continued .................................................. 3957
Smyrna; homestead exemption; local constitutional amendment continued.........5525
Smyrna; homestead exemption for disabled residents; local constitutional
amendment continued .....................................................5523
Smyrna; mayor and council; compensation.......................................3951
Soperton; mayor and council; terms; elections; districts ................... 3930
Statesboro; Downtown Statesboro Development Authority; local constitutional
amendment continued ................................................... 4655
St. Marys; corporate limits ................................................ 4128
Summertown; new charter...................................................... 5103
Summerville; corporate limits.................................................4953
Sylvania; mayor and council; eligibility for office of city manager...........5786
Tallapoosa Development Authority; local constitutional amendment continued .. 4688
Thomaston; ad valorem tax collection; contracts............................. 5748
Thomaston; mayors court; fines; arrests .....................................5816
Tifton; municipal election dates............................................. 3829
Trion; school district; local sales and use tax for education ................3712
Tybee Island; mayor and council; powers; parking and street and beach use fee
on motor vehicles .............a.........................................4067
Valdosta; corporate limits ...................................................4224
Vidalia; school district; powers of board of education; referendum............4862
Waco Development Authority; local constitutional amendment continued .........4692
Warner Robins; redevelopment powers; referendum ..............................3923
Warner Robins; voter registration............................................ 5821
Waycross and Ware County Development Authority; local constitutional
amendment continued .....................................................4379
Waycross; board of education; membership of city manager..............3897, 3899
Waycross; bonds for water works system; local constitutional amendment
continued................................................................4375
INDEX LXI
Waycross; commission; elections; qualifications; vacancies; oath..............4843
Waycross; Downtown Waycross Development Authority; local constitutional
amendment continued .....................................................3906
Waycross; tax to promote new industry; local constitutional amendment
continued................................................................4377
White; mayors court; judge; certiorari.......................................4342
Woodstock; corporate limits...................................................4004
MUNICIPALITIES BY POPULATION
150.000 or more; street improvement bonds; local constitutional amendment
continued................................................................4808
300.000 or more, counties having a city of; joint city-county boards of tax assessors;
local constitutional amendment continued.................................4456
300,000, more than; courts; local constitutional amendment continued .......4820
300.000, more than; traffic courts; senior judges ..........................455
400.000, more than, demolition of buildings on private premises; local
constitutional amendment continued.......................................4566
400,000, not less than; contracts; downtown development areas; urban
redevelopment areas.......................................................841
400.000 or more; Urban Residential Finance Authorities for Large
Municipalities............................................................947
MUNICIPALITIESHOME RULE AMENDMENTS
Albany; assessments for street improvements ..................................5802
Alma; date of appointment of city officers....................................5758
Athens; municipal court; establishment........................................5761
Bogart; election of officers; personnel plan repealed.........................5789
Chamblee; election districts..................................................5796
Chamblee; mayor and councilmen; majority vote to fix compensation............5753
East Point; retirement system; inclusion of employees; contributions..........5824
Jesup; referendum for franchise for distribution of electric current ........5780
Macon; fire and police employees retirement; normal and delayed retirement
dates................................................................... 5727
Macon; fire and police employees retirement system; contributions ..........5764
Macon; mayors veto ..........................................................5744
Macon; municipal court; standby substitute judges; compensation of judges....5739
Macon; pensions and retirement system; contributions.........................5771
Macon; pensions and retirement system; exclusions from participation ........5731
Marietta; civil service board and clerk; compensation........................5805
Marietta; civil service; fire and police departments .........................5832
Marietta; mayor and council; salary and expense allowance ...................5783
Marietta; municipal court; penalties....................................... 5812
Marietta; penalties for violation of charter..................................5809
Newington; mayors or recorders court; penalties .......................... 5776
Pooler; name changed to "City of Pooler .,.. ...............................5736
Sylvania; mayor and council; eligibility for office of city manager..........5786
Thomaston; ad valorem tax collection; contracts...............................5748
Thomaston; mayors court; fines; arrests .....................................5816
Warner Robins; voter registration........................................... 5821
LXII
INDEX
RESOLUTIONS AUTHORIZING COMPENSATION
Boone, Mr. Willie Lee ..................................................... 522
Breen, Mr. Norman..................1.................................... 531
Nail, Wyman, Jr. and Rhonda .............................................519
Nettles, Mr. M. C.............................. .........................525
Sawyer, Ms. Barbara Ann Rozier......'..........................;.........523
Smith, Mr. R. Glenn .....................................................537
Webb, Mr. Paul, d.b.a. Kwik Kopy #206 ...................................524
Woodall, Mr. Franklin D..................................................530
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES,
AND EASEMENTS
AT&T Communications, Inc.; easement in Bibb County ......................, 544
AT&T Communications, Inc.; easement in Douglas County ...................538
Bibb County; easement for a lightguide cable under state property in Bibb
County .............................................................544
Brantley County; conveyance of state owned real property to the county ..567
Brooks County Board of Commissioners; conveyance to......................549
Cairo, City of; conveyance ..............................................520
Cave Spring; conveyance of state property to city........................262
Douglas County; easement for a lightguide cable under state property in Douglas
County .............................................................538
Emanuel County Board of Commissioners; amendment.........................8
Fields, Charles Allen; acceptance of bid for purchase of state property in Franklin
County .............................................................553
Fort Howard Paper Company; easement over state property in Effingham
County ............................................................. 39
Hamilton County, Tennessee; conveyance of the states interest in a 99 year
lease of property ................................................... . 540
Lowndes County Board of Commissioners; conveyance of state property .....551
Pulaski Development Company, Inc.; conveyance of state property..........547
Schley County Board of Commissioners; transfer of structure from the Georgia
Forestry Commission .............................................. 532
Southern Railway Company; modification of lease; self-insurance .........543
Western and Atlantic Railroad; amendment of lease to Seaboard System Railroad,
Inc............................................................... 231
MISCELLANEOUS RESOLUTIONS
Atlanta-Fulton County Taxation Study Commission; created ...............5652
Beasley, John C., bridge designated .................................. 186
Carroll County Government Authority Study Commission; creation ..........5654
Chambers, R. E., Memorial Bridge designated .............................190
DeKalb County Government Study Commission; created ......................5650
English designated as the official language of the state of Georgia .....529
Governors Commission on Black on Black Crime............................188
Hayes, Roland, Parkway designated ...................................... 516
Kidd, Culver, Medical and Surgical Building designated..................1201
Lost Mountain Scenic Highway designated..................................535
Lowery, Sr., R. Sidney, Memorial Bridge designated ......................518
INDEX
LXIII
McGill, Sam P., Exhibition Building designated ................................1197
Metropolitan Atlanta Rapid Transit Overview Committee; date for repeal of
resolution..................................................................457
Newman, Colonel Mancel, Bridge designated........................................533
Newton, Louie DeVotie; portrait placed in state capitol .......................1199
Phil Peters Building designated..................................................534
Reaves, Henry L., Arena designated..............................................1198
Restitution orders; use urged in cases of child abuse or sexual abuse..........1203
Smith, Dr. W. K., Highway designated.............................................185
Task Force on Funding of Indigent Health Care Programs; creation requested ... 526
Training of criminal justice and social services professionals in child abuse, sexual
abuse, and sexual exploitation cases urged.................................1204
Wood, Joe T., War Veterans Nursing Home designated ............................1201



. ,'J'^tnoH ,fes<





.-5' > -

INDEX
LXV
INDEX
A
ACKNOWLEDGEMENTS OF SERVICE
Probate of wills; attestation required............................436
ACTS
Local Acts requiring a referendum or special election ............1608
ACWORTH, CITY OF
Acworth Downtown Development Authority; local constitutional
amendment continued.................................................4386
Mayor and aldermen; elections; qualifications; terms; referendum .3752
ACWORTH DOWNTOWN DEVELOPMENT AUTHORITY
Local constitutional amendment continued .........................4386
ADAIRSVILLE, CITY OF
Adairsville Development Authority; local constitutional amendment
continued ..........................................................4696
ADAIRSVILLE DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...............................4696
ADEL, CITY OF
Bonds; local constitutional amendment continued ........................3875
ADOPTION
Children in foreign countries; releases or consent by guardians...687
Grandparents with visitation rights; notices; objections .........1516
AD VALOREM TAX
Agricultural property; preferential assessment; alternative tax penalty .820
Appeals of assessments; notices of appeal................................419
"Driver educational motor vehicle redefined ............................180
Exemption of certain tangible personal property with a fair market value
not exceeding $500.00; referendum ...................................878
Homestead exemption for disabled veterans and their families ...... 1445
Penalties for failure to pay............................................1322
Tax digest approva; property on appeal; confidentiality of taxpayer
materials........................................................... 747
LXVI
INDEX
AGGRAVATED SODOMY
Bail; appeal bonds..................................................166
AGRICULTURE
Ad valorem tax; preferential assessment of agricultural property; alternative
penalties ......................................................820
Family farms; Georgia Residential Finance Authority; powers............899
Food; adulteration or misbranding ..................................197
Georgia Boll Weevil Eradication Act of 1985; borrowing by the certified
cotton growers organization; liens; executions................1086
Georgia Development Authority; first-time farmer tax-free note program .... 656
Hay bales; motor vehicle size limits................................471
"Livestock defined; police powers of Commissioner of Agriculture;
deputization of employees..............,...........................425
School buses; 4-H activities....................................... 149
Vidalia Onion Act of 1986 ............................................3
AIDS-
Dead bodies; notices of infectious or communicable diseases required ..1513
AID TO FAMILIES WITH DEPENDENT CHILDREN
Income; Summer Youth Employment Training Program; Adult and Youth
Program ........................................................881
Positive Employment and Community Help (PEACH) Program established .. 410
AIR TRANSPORTATION ACT
Pilots employed by the Department of Transportation; mandatory retirement
age ............................................................338
ALBANY, CITY OF-B
Assessments for street improvements ............................. 5802
Joint county-municipal board of registration and elections; creation ..3831
ALBANY STATE COLLEGE
Motor vehicle license plates .......................................852
ALCOHOLIC BEVERAGES
Alcoholics; outpatient treatment.............................. 1098
Boating, skiing, etc. under the influence of alcohol or drugs..........612
Code revision ........................I............................ 10
Distilled spirits; manufacture, sale, or distribution in municipalities;
authorization or prohibition .............................. 1083
Hotels; sales by in-room service; licenses .........................778
INDEX
LXVII
Possession or consumption by underaged persons in the home......789
Posting of signs warning that consumption of alcohol during pregnancy is
dangerous ...................................................618
Vehicles, boats, etc. used in unlawful transportation or storing of distilled
spirits; seizure and condemnation in any county.............1605
ALLENTOWN, CITY OF
New charter ....................................................5227
ALMA, CITY OF
Date of appointment of city officers ...........................5758
ALPHARETTA, CITY OF
Corporate limits................................................3673
ALTO, TOWN OF
Mayor and council; terms; elections.............................5383
AMATEUR RADIO OPERATORS
Motor vehicle license plates ...................................1333
AMERICUS, CITY OF
Municipal election date.........................................5042
School system merger; referendum................................3501
AMUSEMENT RIDE SAFETY ACT
Definitions; applicability ......................................330
ANATOMICAL GIFT ACT
Procedures; minors; irrevocability at death; purchase or sale of human bodies
or parts thereof.............................................645
ANIMALS
Code revision ....................................................10
"Georgia Animal Protection Act; regulation of animal shelters, kennels,
stables, and pet dealers.....................................628
"Livestock defined; police powers of Commissioner of Agriculture;
deputization of employees....................................425
Poultry houses; sales and use tax exemption of fuel used to heat houses ... 1453
APPALACHIAN JUDICIAL CIRCUIT
Terms of court
230
lxviii
INDEX
APPEAL AND ERROR
Aggravated sodomy; bail; appeal bonds................................166
Appeals from decisions of local boards of education; written notices.216
Appeals from probate courts in counties of more than 150,000 ........982
Attorneys fees and expenses of litigation; appeals of awards........1591
Department of Human Resources and. county boards of health; appeals;
procedures ......................................................1280
APPROPRIATIONS
General Appropriations Act for S.F.Y. 1986-87 .......................1337
Supplemental for S.F.Y. 1985-86 .....................................1, 44
ARCHITECTS
State Board of Architects; membership; cease and desist orders; civil
penalties; judicial review .................................434
ARRESTS
Offenses occurring between persons of the opposite sex dwelling together ... 657
Use of force................................................490
ART
Georgia Council for the Arts; name change.......................174
Limited edition reproductions; art dealers; warranties; deceptive practices .. 635
ASBESTOS
Agency for Removal of Hazardous Materials created ..............829
"Georgia Asbestos Safety Act enacted..........................1157
ASBESTOS AND HAZARDOUS MATERIALS
State property; insurance ......................................150
AT&T COMMUNICATIONS, INC.
Easement in Bibb County ........................................544
Easement in Douglas County......................................538
ATHENS, CITY OF
Municipal court; creation .....................................3883
Municipal court; establishment ................................5761
ATLANTA, CITY OF
Ad valorem taxes to retire city revenue obligations; local constitutional
amendment continued........................................4828
INDEX
LXIX
Assumption of Fulton County School District debt when territory is
annexed.............................................................4814
Atlanta-Fulton County Taxation Study Commission; creation ..............5652
Bonded indebtedness for water and solid waste disposal systems; local
constitutional amendment continued .................................4818
Bonds; grandstands and stadiums; local constitutional amendment
continued ......................................................... 4786
Community improvement districts .......................i...............4174
Contracts with Fulton or DeKalb Counties or hospital authorities; local
constitutional amendment continued ............................... 4783
Freeport exemption; urban enterprise zones; local constitutional amendment
continued ..........................................................4426
Historic zones; local constitutional amendment continued................4826
Issuance of bonds for municipal purposes without a referendum; local
constitutional amendment continued .................................4824
Issuance of bonds for school purposes without a referendum; local
constitutional amendment continued .................................4822
Maximum indebtedness; local constitutional amendment continued..........4816
Metropolitan Atlanta Rapid Transit Authority; see "Metropolitan Atlanta
Rapid Transit Authority
Redevelopment powers; referendum........................................4834
Revenue bonds for off-street parking facilities; local constitutional
amendment continued.................................................4830
Revenue bonds; water works and sanitation systems; local constitutional
amendment continued.................................................4810
School facilities and equipment; $45 million bonded indebtedness; local
constitutional amendment continued .................................4564
School system; annexation of territory by the city; local constitutional
amendment continued.................................................4812
Stadium; local constitutional amendment continued.......................4047
Taxes; collection by tax commissioner of Fulton County; local constitutional
amendment continued.................................................4037
Urban enterprise zones; purposes; size; exemptions......................5346
Urban enterprise zones; taxation; local constitutional amendment
continued ..........................................................4424
ATLANTA REGIONAL COMMISSION
Regional public projects; debt; taxation; operating expenses............1049
ATTACHMENT
Notarial acts, certifications, and seals ...............................1446
Prejudgment attachment may not be granted by magistrate courts ..........701
ATTORNEYS
Admission to practice; fingerprints; criminal records checks.............279
Attorneys fees in cases having a complete absence of any justiciable issue;
appeals ............................................................1591
Bail bond business prohibited ...........................................303
LXX
INDEX
AUDITOR, STATE
Compensation.........................................................877
AUDITS
Federal Single Audit Act of 1984; local government audits............758
Hospital authorities; filing of audits...............................489
AUGUSTA, CITY OF
Council; terms; composition; elections .............................5656
AUGUSTA JUDICIAL CIRCUIT
Number of judges ....................................................417
AUSTELL, CITY OF
Discount for prompt payment of ad valorem taxes; local constitutional
amendment continued.............................................4389
Homestead exemptions; local constitutional amendments continued .. 4384, 4414
Homestead exemption for persons 65 or over; local constitutional amendment
continued ......................................................4391
New charter ........................................................4902
B
BAD CHECKS
Fees ......................................................... 207,209
BAIL
Aggravated sodomy....................................................166
BALDWIN, CITY OF
New charter ........................................................5578
BANKING AND FINANCE
Bad check fees.................................................207, 209
Financial institutions; definitions; department personnel; receiving money
for deposit or transmission; bank powers; directors; minors; credit
unions ..........................................................458
Interest rate on judgments ..........................................195
Intestate decedents; persons in possession of $2,500.00 or less; savings
account deposits ................................................887
Reports of currency transactions; definitions; amounts; enforcement .214
Transfer of trust powers by banks to affiliated trust companies; trust services
by banks or trust companies which do not exercise trust powers..1244
INDEX
LXXI
BANKS COUNTY
Business licenses and taxes; local constitutional amendment continued .... 5365
Staggered motor vehicle registration periods....................5640
Superior court; additional judge .................................163
BARBERS
Cosmetology examinations .........................................843
State Board of Barbers; work permits; cosmetologists; licenses;
termination .................................................766
BARROW COUNTY
Barrow County Airport Authority; creation.................... 5518
Board of commissioners; records; bids; purchases; sessions ...:.. 4542
Staggered motor vehicle registration periods.....................5644
Superior court; additional judge .................................163
BARROW COUNTY AIRPORT AUTHORITY
Creation........................................................ 5518
BARTOW COUNTY
Assistant district attorney .....................................4401
Homestead exemption from school district taxation for certain residents
62 or over; referendum......................................5361
BATHHOUSES
Regulation; inspection; injunctions; penalties ..................1208
BEASLEY, JOHN C., BRIDGE DESIGNATED ..................................186
BEEF
Labeling; antibiotics or growth hormones; "Georgia lean beef...1089
BEHAVIOR
Bonds for good behavior; procedures; contempt ...................1151
BELOW COST SALES ACT
Attorney fees and costs; punitive damages.........................326
BERRIEN COUNTY
Berrien County Industrial Building Authority; local constitutional
amendment continued.........................................3877
LXXII
INDEX
BERRIEN COUNTY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued ...........................3877
BIBB COUNTY
Board of public education and orphanage; compensation...............3809
Easement for a lightguide cable under state property in Bibb County...544
Macon; consolidation of tax assessments and collection; local constitutional
amendment continued.............................................5533
Macon-Bibb County Board of Health; local constitutional amendment
continued ......................................................4682
Macon-Bibb County Industrial Authority; local constitutional amendment
continued ......................................................4685
Macon-Bibb County Transit Authority; board members; insurance;
immunity .......................................................4601
Macon-Bibb County Urban Development Authority; local constitutional
amendment continued.............................................4698
Redevelopment powers; referendum....................................4736
Staggered motor vehicle registration periods; referendum............5620
Treasurer; office abolished ........................................5294
Zoning and planning; local constitutional amendment continued ......5308
BINGO
Persons assisting in conduct of games; pay; number of organizations..511
BLASTING OR EXCAVATING
Underground facilities or utilities ................................1069
BOARDING HOUSES
Notices of termination of occupancy ................................1212
BOATS
Marine and campground memberships; forms; cancellation...............405
BOGART, TOWN OF
Election of officers; personnel plan repealed ......................5789
BOLL WEEVIL ERADICATION ACT
Borrowing by the certified cotton growers organization; liens; executions .. 1086
BONDS
Criminal procedure; release of surety; forfeiture; deposits; remission of
forfeiture..................................................... 1588
Georgia Allocation Plan; repeal upon occurrence of certain events ....344
INDEX
LXXIII
BONDS FOR GOOD BEHAVIOR
Procedures; return of warrants; contempt ......................1151
BOONE, MR. WILLIE LEE
Compensation.....................................................522
BOXING
Boxing while under the influence of alcohol or a drug; State Boxing
Commission ...................................................674
BRANTLEY COUNTY
Clerk of the superior court; judge of the probate court; tax commissioner;
annual salaries; fees; personnel ............................4589
Conveyance of state owned real property to the county .......... 567
BREAST CANCER
Publication and distribution of booklet..........................304
BREEN, MR. NORMAN
Compensation.....................................................531
BROOKS COUNTY '
Board of commissioners; conveyance of state property ............549
Brooks County Development Authority; local constitutional amendment
continued ...................................................4739
BROOKS COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued .......................4739
BUFORD, CITY OF
Corporate limits................................................ 5386
BUTTS COUNTY
Board of commissioners; vice chairman; vacancies............... 5026
Business licenses; penalties....................................3846
Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg
Water and Sewer Authority created ...........................5457
Butts County Industrial Development Authority; local constitutional
amendment continued..........................................3848
LXXIV
INDEX
Butts County Water Authority abolished ...............................5457
Clerk of the superior court; compensation ............................4165
Tax commissioner; compensation .......................................5260
BUTTS COUNTY, CITY OF FLOVILLA, CITY OF JACKSON, AND CITY OF
JENKINSBURG WATER AND SEWER AUTHORITY
Creation; Butts County Water Authority abolished......................5457
BUTTS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued .............................3848
BUTTS COUNTY WATER AUTHORITY
Abolished.............................................................5457
V
BULLOCH COUNTY
Board of commissioners; chairman; clerk; deputy clerk ................4732
Clerk of the superior court; employees compensation..................5556
Coroner; compensation; travel expenses ...............................4748
Judge of the probate court; clerks compensation; part-time employees.4744
Sheriff; deputies and employees; compensation and number..............5007
Staggered motor vehicle registration periods; referendum..............5627
Tax commissioner; assistants compensation; part-time employees ......4746
BURKE COUNTY
Staggered motor vehicle registration periods......................... 5612
Superior court; number of judges .....................................417
BUILDINGS AND HOUSING
Asbestos removal and encapsulating ...................................1157
Cities of more than 400,000; demolition of buildings on private premises;
local constitutional amendment continued ........................4566
Georgia Residential Finance Authority; powers; membership; residential
energy-conserving systems; family farms...........................899
Georgia Residential Finance Authority; state ceiling on single-family
residential housing bonds; "Georgia Allocation Plan ............344
Glass installations; hazardous locations .............................1231
Homeowner warranty agreements ...................................... 1237
Housing authorities; eligible housing units ...........................797
Modular or sectional housing; permits for transportation .............655
Repair, closing, or demolition of buildings and structures by municipalities;
procedure .......................................................1508
Septic tanks; permits; building permits................................227
Urban Residential Finance Authorities Act for Large Municipalities (400,000
or more); powers; loans; bonds....................................947
INDEX
LXXV
CAIRO, CITY OF
Conveyance of state property.....................................520
Mayor and council; qualifications; elections; districts; ex officio mayor pro
tempore......................................................5336
CALHOUN COUNTY
Board of education; local constitutional amendment continued ....3940
CAMDEN COUNTY
Board of education; local constitutional amendment continued ....4363
Business and occupational license taxes .........................4558
Staggered motor vehicle registration periods; referendum.........5647
CAMILLA, CITY OF
Councilmen; voting districts; elections..........................4493
"CAMPAIGN AND FINANCIAL DISCLOSURE ACT
Repeal............................................................957
CAMPGROUNDS
Campground and marine memberships; cancellation; forms ...........405
CANDLER COUNTY
Metter-Candler County Airport Authority created..................4638
CANTON, CITY OF
Corporate limits.................................................3607
CARNIVAL RIDE SAFETY ACT..............................................330
CARROLL COUNTY
Board of education; compensation and expenses....................4720
Board of education; elections ...................................4734
Carroll County Government Authority Study Commission; creation...5654
Civil service board; composition; terms; officers; appeals ......4596
Clerk of the superior court; compensation .......................5080
CARROLLTON, CITY OF
Corporate limits; deannexation
4470
LXXVI
INDEX
CARTERSVILLE, CITY OF
Cartersville Development Authority; local constitutional amendment
continued ..................................................4694
CARTERSVILLE DEVELOPMENT AUTHORITY
Local constitutional amendment continued .......................4694
CASH
Reports of currency transactions by financial institutions....... 214
CATOOSA COUNTY
Board of utilities commissioners; compensation .................5535
Commissioner; compensation; personnel ..........................3540
Commissioner; hospitalization insurance for certain elected officers; budgets;
bids........................................................5538
Judge of the probate court; clerical help.......................4722
Tax commissioner; compensation; help ...........................5135
CAVE SPRING, CITY OF^B
Conveyance of state property to city ........................... 262
CEDARTOWN, CITY OF
Cedartown Development Authority; local constitutional amendment
continued ..................................................5070
CEDARTOWN DEVELOPMENT AUTHORITY
Local constitutional amendment continued .......................5070
CEMETERIES
Regulation; employees; new nonperpetual cemeteries prohibited; escrow
accounts ...................................................1468
CENTERVILLE, CITY OF
Redevelopment powers; referendum............................... 5157
CHAMBERS, R. E MEMORIAL BRIDGE ......................................190
CHAMBLEE, CITY OF
Election districts ......................1.....................5796
Mayor and councilmen; majority vote to fix compensation ....... 5753
CHARITABLE ORGANIZATIONS
Names; reports; registration fees
1465
INDEX
LXXVII
CHARLES ALLEN FIELDS
Acceptance of bid for purchase of state property in Franklin County ...553
CHARLTON COUNTY
County attorney; residence...........................................5701
Tax commissioner; compensation; fees.................................4790
CHATHAM AREA TRANSIT AUTHORITY
Creation; Savannah Transit Authority Act repealed....................5082
CHATHAM COUNTY
Board of commissioners; transit services.............................5315
Chatham Area Transit Authority; creation ............................5082
Civil service systems; local constitutional amendment continued........4222
Construction and maintenance of streets; assessments; local constitutional
amendment continued..............................................4214
County and judicial officers; compensation......................... 4797
General Hospital Authority of West Chatham County; local constitutional
amendment continued..............................................4352
Homestead exemptions for persons who are 65 or disabled; local
constitutional amendment continued ..............................4219
Homestead exemptions from school taxes; local constitutional amendment
continued ...................................................... 4354
Magistrate court; judge emeritus; additional magistrates; compensation_5527
Ordinances; occupational license taxes; recorders court; local constitutional
amendment continued..............................................4560
Payment of property taxes; local constitutional amendment continued....4217
Superior court; judges pro hac vice; local constitutional amendment
continued .......................................................4357
Superior court; venue; Georgia Ports Authority .......................164
CHATSWORTH, CITY OF
Mayor and aldermen; date for taking office...........................3869
CHATTAHOOCHEE COUNTY
Board of education; local constitutional amendment continued ........4311
Business license fees and taxes; local constitutional amendment
continued .......................................................4315
Chattahoochee County Industrial Development Authority; local
constitutional amendment continued ..............................4317
County school superintendent; appointment; local constitutional amendment
continued .......................................................4313
Sheriff; local constitutional amendment continued ...................4319
Sheriff; operating expenses..........................................4575
lxxviii
INDEX
CHATTAHOOCHEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ......................4317
CHATTAHOOCHEE JUDICIAL CIRCUIT
Assistant district attorneys...........................................4793
CHATTOOGA COUNTY
Board of commissioners created; referendum.....................5138
Chattooga County Development Authority; local constitutional amendment
continued .................................................4556
Chattooga County Hospital Authority; vacancies ................4635
Local sales and use tax for education; formula for allocation..........3712
State court; judge; practice of law; office facilities; solicitors qualifications . 4540
CHATTOOGA COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ......................4556
CHATTOOGA COUNTY HOSPITAL AUTHORITY
Vacancies......................................................4635
CHECKS
Fees for bad checks, drafts, or orders .....................207, 209
CHEROKEE COUNTY
Board of commissioners; creation; referendum ..................3635
Board of education; appointment of chairman; terms; vacancies .........4393
Cherokee County Water and Sewerage Authority; street lights; electrical
service billing ...........................................4776
CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY
Powers; street lights; electrical service billing..............4776
CHEROKEE JUDICIAL CIRCUIT
Assistant district attorney ...................................4401
CHILD ABUSE
Jury leave for teachers ........................................498
CHILD-CARING INSTITUTIONS
Emergency relocation of residents; prohibition of admissions; monitors.662
INDEX
LXXIX
CHILD CUSTODY
Agreements between parents regarding custody issues ......................1585
Grandparents; visitation rights .....................................1516
Notification of changes in the residence of the child............... 1036
Visitation rights of noncustodial parent ............................1000
CHILDREN
Hearsay evidence; statements by children under 14 describing sexual contact
or physical abuse ................................................668
Missing Children Information Center ......................................659
CHILDREN AND YOUTH
Child welfare agencies; licenses; reports; prohibited conduct; penalties .1038
Deprived children; petitions when a child is not released at a detention
hearing .........................................................1097
CHILD SUPPORT
Revision of permanent alimony for the support of a child..................1259
CHIROPRACTORS
Educational requirements; schools or colleges in foreign countries .......831
Scope of practice; standard of care; torts ...............................1534
CIGARS
Excise tax rate 468
CITIES
Annexation by municipalities having independent school systems .......284
Cities of 150,000 or more; street improvement bonds; local constitutional
amendment continued.......................................... 4808
Cities of 300,000 or more; joint city-county boards of tax assessors; local
constitutional amendment continued ............................ 4456
r Cities of more than 300,000; courts; local constitutional amendment
continued ....................................................... 4820
Cities of more than 300,000; traffic courts; senior judges ...............455
Cities of more than 400,000; demolition of buildings on private premises;
local constitutional amendment continued ............ ................4566
Cities of not less than 400,000; contracts; downtown development areas;
urban redevelopment areas ..................................... 841
Distilled spirits; manufacture, sale, or distribution ....................1083
Emergency medical services......................................... 1321
Joint purchase of insurance by municipalities and counties; joint self-
insurance programs...............................................1496
Municipal courts; creation and jurisdiction ..............................784
Municipal court services; magistrate courts; contracts ...................787
Municipal officers; vacancies; resignations; procedures ............ 996
LXXX
INDEX
Repair, closing, or demolition of buildings and structures by municipalities;
procedure .........................................................1508
Retirement and pension systems; military service......................1233
Retirement systems; investment of assets..............................1240
School superintendents; qualifications..................................800
Sovereign immunity; public policy; waiver; insurance...................1312
CITY OF COVINGTON PARKING AUTHORITY
Local constitutional amendment continued ..............................3871
CITY OF DALTON BUILDING AUTHORITY
Local constitutional amendment continued ..............................5547
CITY OF ISLANDS
Incorporation; charter; referendum ....................................4872
CITY OF PERRY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued ..............................4194
CIVIL PRACTICE
Charges to the jury; reduction to writing; sending out with the jury .320
Court costs; attorneys fees and expenses of litigation in cases having a
complete absence of any justiciable issue; appeals................1591
Damages and attorneys fees; wholesale sales; contracts between principals
and their sales representatives.....................................884
Discovery; production of documents; nonparties; practitioners of healing arts,
hospitals, and health care facilities :............................1277
Dismissal and recommencement of civil actions; time; permission and order
of court ........................................................ 816
, Foreign judgments; enforcement ...................................... 380
Habeas corpus and nonjury proceedings in counties in which county
correctional institutions or jails are located ...................318
Interest rate on judgments .............................................195
Public property; causes of action; proceedings; judicial relief ......316
Relief from judgments; procedures; complaints in equity for relief from
judgments abolished; time limits; fraud .......................... 294
Securities; exemptions from civil liability; burden of proof..........1559
Subpoenas; medical records; coroners ..................................1594
Superior courts; clerks; fees and costs; prefiling deposits ..........1002
"Uniform Enforcement of Foreign Judgments Law enacted ...............380
Venue; actions against railroads and electric companies ...... .......37
Venue; actions against the Georgia Ports Authority....................164
CIVIL SERVICE
County employees; employees of elected county officers
764
INDEX
LXXXI
CLAIMS ADVISORY BOARD
Membership of the commissioner of corrections; quorum................155
CLARKE COUNTY
Coroner; compensation .........................,.....................4710
District attorney; personnel .........................................4840
State court; judge; compensation.....................................5075
CLAYTON, CITY OF
Homestead exemptions; referendum...........|.........................4778
CLAYTON COUNTY
Board of commissioners; compensation; vice-chairman...................5563
Board of education; chairman; terms; vacancies.......................4752
Board of education; school superintendent; local constitutional amendment
continued ..................................................... 5013
Board of education; vacancies ...................................... 4754
Business licenses and regulation; local constitutional amendment
continued ........................................................4762
Civil service system; local constitutional amendment continued ......5573
Coroner; compensation .............................................. 5015
District attorney; county salary supplement ..........................4760
Employee pensions; benefits.................................:........5663
Homestead exemptions; referendum......................................5019
Judge of the probate court; compensation ............................4758
Judges of the superior court; supplements........................... 4756
Ordinances; penalties; local constitutional amendment continued.......5011
Purchases .......................................................... 5668
Sheriff; clerk of the superior court; compensation; deputy clerk.....5566
State court; deputy clerk; compensation of judge and solicitor; fines and
forfeitures....................................................5569
Tax commissioner; deputy tax commissioner; compensation ............. 5017
Waterworks and sewerage system; bonds; local constitutional amendment
continued ...................................................... 5009
CLAYTON JUDICIAL CIRCUIT
District attorney; county salary supplement ..... ...................4760
Judges; salary supplement .......................................... 4756
CLERKS OF THE SUPERIOR COURTS
Annual training; reimbursement of expenses ....................... 213
Executions from the magistrate courts; recording ......................701
Minimum annual salaries.............................................. 833
Satisfaction and cancellation of deeds to secure debt and other instruments;
duties; fees; forms; liability ....................................754
LXXXII
INDEX
COASTAL MARSHLANDS
Uniform rules of the road; enforcement on private property.... ............ 834
COBB COUNTY
Abolished municipalities; assets and obligations; local constitutional
amendment continued...............................................4412
Alcoholic beverages; taxes; allocation to schools; local constitutional
amendment continued................................................4594
Alcoholic beverages; taxes; school districts; local constitutional amendment
continued .........................................................4052
Board of commissioners; compensation; chairman ......................; 14157
Board of education; compensation........................................4024
Board of education; enactment of legislation without a referendum; local
constitutional amendment continued ................................4057
Board of education; local constitutional amendment continued ..........4055
Board of education; reapportionment of education districts; local
constitutional amendment continued ............................... 4416
Board of education; school superintendent; local constitutional amendment
continued ........................................................4511
Business licenses and taxes; local constitutional amendment continued .... 5450
Chief deputy sheriff; chief investigator; compensation ............... 5312
Civil service system; coverage .........................................5448
Civil service system; local constitutional amendment continued ........4505
Clerk and deputy clerk of the superior court; compensation ............4581
Cobb County-Marietta Water Authority; bonding limits; compensation;
vacancies; bids................................................. 5296
Cobb Judicial Circuit; judges; salary supplements .....................3949
Cobb-Marietta Coliseum and Exhibit Hall Authority; members; meetings .. 5549
District attorney; salary supplement; investigators; assistant district
attorneys........................................................ 4726
Fire protection, districts; local constitutional amendment continued...4501
Homestead exemption; county and school district purposes; referendum .... 4370
Judge and clerk of the probate court; compensation......................4065
Juvenile court; judges compensation.................................... 4772
Medical examiner; local constitutional amendment continued..............4507
| Ordinances; penalties; local constitutional amendment continued .....4410
Sewerage system; bonds; local constitutional amendment continued ......4509
Solid waste facilities; bonds; local constitutional amendment continued .... 4408
South Cobb County Courthouse Facilities Study Commission................4021
State court; assistant solicitors; compensation of solicitor, chief assistant,
and assistant solicitors ..........................................5065
State Court; clerk; chief deputy clerk; compensation...................4458
State court; costs.................................................. 5049
State court; judges; compensation.......................................4700
Tax commissioner; compensation of the chief clerk......................4112
COBB COUNTY-MARIETTA WATER AUTHORITY
Bonding limits; compensation; vacancies; bids
5296
INDEX
LXXXIII
COBB JUDICIAL CIRCUIT
District attorney; salary supplement; investigators; assistant district
attorneys...................................................... 4726
Judges; salary supplements ...................................... 3949
COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY
Members; terms; vacancies; meetings ............................... 5549
COCAINE
Mixtures; penalties ............................................. 397
COLLEGE PARK, CITY OF
Corporate limits...................................................5575
COLLINS, CITY OF
Mayor; terms of office; referendum.................................4472
COLONEL MANCEL NEWMAN BRIDGE .......................................... 533
COLQUITT COUNTY
Board of commissioners; composition; elections; districts; compensation;
powers........................................................ 3735
Board of education; compensation and expenses......................3722
Board of education; composition; elections; districts; referendum..3724
COLUMBIA COUNTY
Staggered motor vehicle registration periods; referendum...........5636
Superior court; number of judges .................................. 417
Tri-County Water Authority created ............................... 5318
COLUMBUS, GEORGIA
Ad valorem taxation of personal property in transit or stored; local
constitutional amendment continued ............................ 3803
Appropriations for advertising and promotion; local constitutional
amendment continued............................................ 3788
Charter review commission; local constitutional amendment continued .... 3805
Code of ethics; penalties ......................................... 4206
Columbus Airport Commission; local constitutional amendment continued . 3776
Columbus Building Authority; local constitutional amendment continued .. 3778
Columbus, Georgia and Muscogee County; merger of school systems; local
constitutional amendment continued ............................3772
Columbus-Muscogee County Port Development Commission; local
constitutional amendment continued ............................3780
Consolidation of city and county governments; local constitutional
amendment continued............................................3784
LXXXIV
INDEX
Homestead exemptions; local constitutional amendment continued ... 3796, 3798
Mayor and councilors; vacancies..........................................4515
Muscogee County Health Department; local constitutional amendment
continued ..........................................................3774
Muscogee County Industrial Development Authority; local constitutional
amendment continued.................................................3782
Muscogee County; school district; homestead exemptions; local constitutional
amendment continued................................................ 3794
Revenue bonds; local constitutional amendment continued..................3790
School district; homestead exemptions; local constitutional amendment
continued ..........................................................3792
School district; museums; art galleries; art centers ....................3842
School superintendent; emergency contracts ..............................3844
Street improvement bonds; local constitutional amendment continued ......3786
Valuation of homestead property; local constitutional amendment
continued ..........................................................3800
COLUMBUS BUILDING AUTHORITY
Local constitutional amendment continued ................................3778
COLUMBUS-MUSCOGEE COUNTY PORT DEVELOPMENT COMMISSION *
Local constitutional amendment continued ................................3780
COMER, CITY OF
Mayor; term of office ...................................................4724
COMMERCE AND TRADE
Amusement Ride Safety Act; definitions; applicability ....................330
Art dealers; limited edition reproductions; warranties; deceptive practices ... 635
Bad checks; fees ....................................................207, 209
Below Cost Sales Act; attorney fees and costs; punitive damages.........326
"Carnival Ride Safety Act enacted....................................... 330
Code revision .............................................................10
Development districts; ad valorem tax incentives.........................1625
Engaging in a profession or business without a license; sanctions; cease and
desist-orders...................................................... 1155
Fair Business Practices Act; campground memberships; marine
memberships ........................................................ 405
Fair Business Practices Act; office supply transactions ................1046
Fair Business Practices Act; promotional giveaways or contests .........1313
Food fish dealers; licenses ..............................................172
Fuel; attorney fees and costs; punitive damages......................... 326
Retail Installment and Home Solicitation Sales Act; fees for bad checks,
drafts, or orders .................................................. 207
Securities; dealers and salesmen; sanctions; exemptions from registration
of securities; confidential records; interstate investigations; civil
liability; burden of proof......................................... 1559
Wholesale sales; contracts between principals and their sales
representatives; payments; damages; attorneys fees..................884
INDEX
LXXXV
COMMERCE, CITY OF
Corporate limits; city manager; school tax; compensation of school board ... 5452
COMMERCIAL CODE
Secured transactions; financing and continuation statements; maturity
dates; expiration ................................................357
Superior courts; clerks; fees and costs...............................1002
COMPOSITE STATE BOARD OF MEDICAL EXAMINERS
Breast cancer booklet..................................................304
COMPTROLLER GENERAL
Title changed in certain Code sections.................................855
CONDOMINIUMS
Documents; requirements for copies furnished to the prospective buyer ...942
CONSERVATION AND NATURAL RESOURCES
Abandoned wells or holes ..............................................922
Asbestos removal and encapsulating; licensing of contractors; inspections .. 1157
Coastal marshlands and estuarine areas; enforcement of uniform rules of
the road on private property........................................834
Code revision ..........................................................10
Dumping wastes into public storm or sanitary sewers without permission;
penalties; contraband.............................................780
Forestry; reforestation incentives program.............................402
"Georgia Asbestos Safety Act enacted................................ 1157
Georgia Environmental Facilities Authority created.....................569
Georgia Forestry Commission; transfer of structure to Schley County Board
of Commissioners ................................................. 532
Georgia Safe Dams Act of 1978; exemption of certain dams extended .......196
Hazardous waste management; definitions; claims; limitation of liability .... 761
Herty Foundation; powers............................................... 362
Historic preservation; grants; surveys; powers and duties of the Department
of Natural Resources............................................ 399
Lake Lanier Islands Development Authority; venue of actions..............377
Metropolitan Rivers Protection Act; rules and regulations; procedures;
appeals........................................................... 321
Motor vehicle emission inspections....................................1061
Resisting, obstructing, or opposing a conservation ranger ...............484
Sapelo Island Heritage Authority; Hog Hammock community................453
State parks, historic sites, and recreational areas; hunting or trapping.437
Water and sewerage facilities; state loans; general obligation debt......1612
Water quality; permit terms; general permits; federal funds; penalties; local
ordinances .................................................... 350
Wood load tickets ......................................................402
LXXXVI
INDEX
CONSUMERS UTILITY COUNSEL
Date for abolition of office.......................................283
CONTESTS
Promotional giveaways and contests ................................1313
CONTRACTS
Cities of not less than 400,000; downtown development areas; urban
redevelopment areas ...........................................841
Department of Transportation; award of contracts when only one bid is
received........................................................153
Interest rate on judgments .........................................195
Real estate sales or listing contracts ............................364
Wholesale sales; contracts between principals and their sales
representatives ................................................884
CONTROLLED SUBSTANCES
Reports of law enforcement agencies.................................451
COOK COUNTY
Board of commissioners; composition; elections; districts .........5029
Board of education; school superintendent; elections; compensation.5499
CORONERS
Boating accident victims; blood tests ..............................612
Subpoenas; confidential information; costs; release of medical records to
coroners of other states..................................... 1594
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS
Code revision ...................................................... 10
Corporate documents; retention periods; revocation of corporate name
reservations; voting; notice of sale or disposition of assets; filing fees;
rules of the Secretary of State .............................. 1454
Corporate takeovers; law repealed ................................. 433
COSMETOLOGISTS
Barbering examinations..............................................766
Examinations; practice; barbers................................... 843
COTTON
Georgia Boll Weevil Eradication Act of 1985; borrowing by the certified
cotton growers organization; liens; executions............... 1086
INDEX
LXXXVII
COUNCIL FOR THE ARTS
Name change ............................................................174
COUNTIES
Abandoned wells or holes ...............................................922
Business and occupational license taxes and fees in unincorporated
areas .............................................................1586
Civil service systems....................................................764
Clerks of the superior courts; minimum annual salaries .................833
Clerks of superior courts; reimbursement for training ..................213
Counties having a city of 300,000 or more; joint city-county board of tax
assessors; local constitutional amendment continued................4456
Counties of 190,000-210,000; Act providing compensation of county officers
repealed............................................................229
Counties of 550,000 or more; boards of commissioners; compensation......378
County boards of health; membership.....................................1242
County boards of health; septic tanks; building permits.................227
County commissioners; vacancies; judges of the probate courts ...........328
County officers; vacancies; resignations.................................996
County surveyors; private practice without a license prohibited;
exceptions..........................................................888
County-wide public library systems in counties of 550,000 or more; local
constitutional amendment continued ................................4832
Emergency medical services..............................................1321
Governmental reorganization.............................................1080
Grand juries; duties; inspections .......................................306
Joint purchase of insurance by municipalities and counties; joint self-
insurance programs ................................................1496
Judges of the probate courts; qualifications; vacancies; chief clerks ..1581
Law clerks; payments to counties........................................1488
Motor vehicle license plates; county name decals........................1333
Public works contracts; counties of 550,000 or more ....................309
Retirement and pension systems; military service........................1233
Retirement systems; investment of assets ...............................1240
School superintendents; qualifications ..................................800
Sheriffs; minimum annual salaries........................................837
Single commissioners; minimum annual salaries .......................... 347
State inmates housed in county institutions; emergency medical costs ....493
Tax assessors; size of county boards....................................1322
Tax collectors and tax commissioners; annual training requirements;
removal from office.................................................502
Tax receivers, tax collectors, and tax commissioners; qualifications ...495
Tax receivers, tax collectors, and tax commissioners; vacancies.........1229
Zoning; disclosure by public officials..................................1269
COURT OF APPEALS
Appeals from probate courts in counties of 150,000 or more
982
lxxxviii
INDEX
COURTS
Appalachian Judicial Circuit; terms of court...............................230
Assistant district attorneys; compensation; LL.M. degrees..................203
Child abuse, sexual abuse, and sexual exploitation; training of criminal
justice professionals; reports ........................................1204
Cities of more than 300,000; courts; local constitutional amendment
continued .....................:.......................................4820
Clerks of the superior courts; minimum annual salaries ....................833
Clerks; probation of first offenders; records; entries; forms .............442
Court of Appeals; appeals from probate courts in counties of more than
150,000 ................................................................982
Grand juries; duties; inspections .........................................306
Institute for continuing Judicial Education; training; reports.............1204
Judges; suspension from office; compensation; reinstatement; replacement
judges.................................................................1619
Judicial Council of Georgia; prior written notice of intended adoption of
rules and regulations required .........................................956
Juvenile courts; designated felony acts; discharge from custody of the
Division of Youth Services; motions; time limits ......................192
Juvenile courts; termination of parental rights ...........................1017
Juvenile proceedings; deprived children; petitions when the child is not
released at a detention hearing .......................................1097
Juvenile proceedings; designated felony acts; services, treatment, and
programs; disposition of children under 17 sentenced in the superior
courts upon becoming 17 years of age................................... 277
Magistrate courts; constables; minimum age..................................198
Magistrate courts; costs and jail fees; committal hearings.................282
Magistrate courts; fees in civil actions...................................604
Magistrate courts; municipal court services; contracts ....................787
Magistrate courts; prejudgment attachment; default judgments; appeals;
executions; clerks; qualifications, powers, and duties ................701
Mountain Judicial Circuit; terms ..........................................1526
Municipal courts; creation and jurisdiction ................................784
Northeastern Judicial Circuit; additional judge ............................160
Notaries public; seals; certifications; recording of documents, deeds, etc.1446
Probate courts in counties of more than 150,000; practice and procedures;
jury trials; appeals to the Court of Appeals and Supreme Court; new
trials..................................................................982
Probate courts; judges; qualifications; vacancies; chief clerks ...........1581
Probate courts; judges; vacancies in office of county commissioner .........328
Officers of the court, law enforcement officers, and attorneys prohibited from
bail bond business..................................................... 303
Secretaries of superior court judges and district attorneys; retirement;
creditable service ................................................... 1250
Sheriffs; minimum annual salaries...........................................837
Sheriffs; suspension for failure to complete minimum annual in-service
training................................................................606
State courts; fees in civil actions.........................................604
State courts; solicitors; residency requirements............................171
Superior Court Judges Retirement System; retirement age; spouses
benefits ............................................................ 1326
INDEX
LXXXIX
Superior courts; appeals from probate courts in counties of more than 150,000
abolished.............................................................982
Superior courts; appeals from the Department of Human Resources and
county boards of health .............................................1280
Superior courts; clerks; annual training; reimbursement of expenses.......213
Superior courts; clerks; fees and costs.................................. 1002
Superior courts; clerks; recording of executions from magistrate courts ..701
Superior courts; habeas corpus and nonjury proceedings in counties in which
county correctional institutions or jails are located ................318
Superior courts; judges; continuing judicial education expenses; secretaries
base salaries.........................................................794
Superior courts; law clerks; payments to counties ........................1488
Supreme Court; admission of attorneys to practice; fingerprints; criminal
record checks...................................................... 279
Supreme Court; appeals from probate courts in counties of more than
150,000...............................................................982
Traffic courts in cities of more than 300,000; senior judges .............455
COVINGTON, CITY OF
City of Covington Parking Authority; local constitutional amendment
continued ...........................................................3871
CREDIT UNIONS
Minors; accounts ........................................................ 458
CRIMES AND OFFENSES
Aggravated sodomy; bail; appeal bond.......................................166
Bad checks; fees and charges.........................................207, 209
Bingo games; pay for persons assisting in conduct of games; number of
organizations a person may assist ....................................511
Child abuse; sexual contact; hearsay evidence..............................668
Child abuse; use of restitution orders urged..............................1203
Cocaine; mixtures; penalties...............................................397
Code revision ..............................................................10
Controlled substances; conditions for dispensing..........................1031
Controlled substances; definitions; schedules I, IV, and V; dangerous drug
list .............................................................. 1555
Controlled substances; reports of law enforcement, agencies ...............451
Controlled substances; reports; sales at wholesale; registration of
wholesalers...........................................................929
Criminal reproduction and sale of recorded material; visual images;
videotape; masters ...................................................652
Custody; interstate interference; penalties...............................1325
Dangerous drugs; permits to distribute; suspension or revocation; disposition
of drugs..............................................................421
Defense of a habitation; tort immunity.....................................515
Family violence; arrests...................................................657
Gambling and lotteries; promotional giveaways and contests................1313
Human bodies; purchase or sale of human bodies or parts thereof............645
xc
INDEX
Impersonating a peace officer............................................1059
Interstate interference with custody; penalties..........................1325
Pistol licenses; fees ................................................... 305
Pistol licenses; residency requirements ..................................481
Resisting, obstructing, or opposing a law enforcement officer, prison guard,
correctional officer, probation supervisor, parole supervisor, or
conservation ranger......... ......................................484
Retired peace officers; carrying pistols in publicly owned or operated
buildings ...........................................................673
Sexual abuse; use of restitution orders urged ...........................203
Theft of a firearm; penalties............................................1228
Trial judges; concealed weapons ........ ................................1205
Weapons; stun guns and tasers; possession during the commission or
attempted commission of certain crimes .............................1205
CRIMINAL PROCEDURE
Arrests; certain offenses occurring between persons of the opposite sex
dwelling together openly in a meretricious relationship ............657
Arrests; use of force; felony suspects; preventing excapes ..............490
Bail; aggravated sodomy; appeal bonds ...................................166
Bonds for good behavior; procedures; contempt ...........................1151
Bonds; release of surety; forfeiture; deposits; remission of forfeiture .1558
Costs and jail fees; assessment by magistrates at committal hearings;
unfounded and malicious complaints..................................282
First offenders; entry of adjudication of guilt; review of criminal records
by judges............................................................218
First offenders; probation; records; entries; forms......................442
Hearsay evidence; statements by children under 14 describing sexual contact
or physical abuse ...................................................668
Indictment, suspension, and vacancies in the offices of public officials.600
Nonjury proceedings and habeas corpus proceedings in counties having
county correctional institutions or jails ...........................318
Probation of first offenders; entry of adjudication of guilt; review of criminal
records by judge ................................................... 218
Probation of first offenders; records; entries; forms ...................442
Restitution orders; use urged in cases of child abuse and sexual abuse...1203
Sentences; no change permitted after the term of court or 60 days .......842
Stolen motor vehicles; return to owners ..................................158
Traffic and motor vehicle offenses; deposit of drivers license in lieu of bail
or incarceration; reinstatement; restoration fees...................1607
Traffic convictions; time limits for filing challenges.................. 444
CUSTODY
Interstate interference with custody; penalties..........................1325
D
DADE COUNTY
Board of education; quorum
4767
INDEX XCI
DALTON, CITY OF
City of Dalton Building Authority; local constitutional amendment
continued ........................................................5547
Downtown Dalton Development Authority; local constitutional amendment
continued ........................................................3881
DAMS
Exemption of certain dams from the Georgia Safe Dams Act of 1978 .......196
DANCE HALLS
Inspections............................................................ 449
DAWSON COUNTY
Homestead exemptions; referendum...................................... 4061
Superior court; additional judge .......................................160
DAY CARE CENTERS
Criminal records checks; fees...........................................822
Licenses; prohibited conduct; penalties ...............................1038
State employees; capital hill pilot program ...........................1489
DAY-CARE FACILITIES
Monitors................................................................662
DEAD BODIES
Boating accidents; blood tests..........................................612
Purchase or sale........................................................645
DEADLY FORCE
Arrests; preventing escapes ............................................490
DEBTOR AND CREDITOR
Attachment; notarial acts, certifications, and seals; recording of
documents.........................................................1446
Garnishment; notarial acts, certifications, and seals; recording of
documents.........................................................1446
Income tax refunds; setoff debt collection; claimant agencies; priority.825
DECATUR, CITY OF
Homestead exemption for residents 65 or over; referendum ..............4475
DECATUR COUNTY
Board of education; elections; school superintendent; appointment;
referendum........................................................4096
XCII
INDEX
DECEPTIVE TRADE PRACTICES
Art dealers; limited edition reproductions; warranties ..............635
DEEDS
Notarial acts, certifications, and seals; recording of documents ....1446
DEEDS TO SECURE DEBT
Satisfaction and cancellation; recording; costs; forms ..............754
DEKALB COUNTY
Board of commissioners; budgets and expenditures ....................5704
Board of education; operation of a junior college; local constitutional
amendment continued............................................. 4333
Bonds; grandstands and stadiums; local constitutional amendment
continued .......................................................4786
Community relations commission; membership ......................... 5685
Contracts with Atlanta, Fulton County, or hospital authorities; local
constitutional amendment continued ..............................4783
County and municipal firemen; Acts on duty hours repealed......4712, 4714
DeKalb County Airport Authority; membership..........................5678
DeKalb County Board of Zoning Appeals; membership ...................5672
DeKalb County Government Study Commission; creation .................5650
DeKalb County Land Use Study Commission; re-creation ................5530
DeKalb County Pension Board; definitions; contributions .............5716
DeKalb County Planning Commission; membership ...................... 5672
Garbage and solid waste collection and disposal contracts; local
constitutional amendment continued ............................. 5047
Governing authority; powers and duties; applicability of laws;
referendum.......................................................4107
Municipalities as special services tax districts; local constitutional
amendment continued .............................................4615
Staggered motor vehicle registration periods........................ 5611
State court; additional assistant solicitors ........................4466
State court; fees....................................................4631
Superior court; additional judge .....................................423
DEKALB COUNTY AIRPORT AUTHORITY
Membership ..........................................................5678
DENTAL HYGIENISTS
Powers ..........................., ....... ......;.......- 828
DEVELOPMENT DISTRICTS
Ad valorem tax incentives to promote commercial and industrial
development...............................................
1625
INDEX
XCIII
DISABLED VETERANS
Homestead exemption ..................................................1445
DISMISSAL OF CIVIL ACTIONS
Time; permission and order of court ...................................816
DISTRICT ATTORNEYS
Assistant district attorneys; LL.M. degrees; compensation..............203
DODGE COUNTY
Board of education; elections; local constitutional amendment continued ... 4536
Dodge County-Eastman Development Authority; local constitutional
amendment continued...............................................4534
DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY
Local constitutional amendment continued .............................4534
. DOMESTIC RELATIONS
Adoption; children in foreign countries; releases or consent by guardians ... 687
Adoption; notices to grandparents with visitation rights; objections...1516
Bonds for good behavior; procedures; contempt .........................1151
Child custody; agreements between parents regarding custody issues ....1585
Child custody; grandparents; visitation rights........................1516
Child custody; notification of court of changes in the residence of the
child.............................................................1036
Child custody; visitation rights of noncustodial parent...............1000
Child support recovery; dissemination of drivers license records to the
Department of Human Resources......................................156
Code revision ..........................................................10
Estates; letters of administration; surviving spouses .................200
Family violence .......................................................657
Interstate interference with custody; penalties.......................1325
Premarital blood tests; appeals .......................................982
Restitution orders; use urged in cases of child abuse or sexual abuse .1203
Revision of permanent alimony for the support of a child; change in income
or financial status of either former spouse .......................1259
State Childrens Trust Fund; child abuse and neglect; proposed amendment
to the Constitution...............................................1631
Termination of parental rights .......................................1017
DOUGHERTY COUNTY
Joint county-municipal board of registration and elections; creation .3831
Judges of the superior court; supplements.............................3708
Staggered motor vehicle registration periods........................ 5646
XCIV
INDEX
DOUGHERTY JUDICIAL CIRCUIT
Judges; supplements...........................................3708
DOUGLAS COUNTY
Coroner; compensation..........................................4750
Douglasville-Douglas County Water and Sewer Authority; members; voting;
compensation.............................................. 5072
Easement for a lightguide cable under state property in Douglas County .... 538
Magistrate court; chief magistrate; compensation .............5063
Staggered motor vehicle registration periods; referendum......5618
DOUGLASVILLE, CITY OF
Douglasville-Douglas County Water and Sewer Authority; members; voting;
compensation...............................................5072
DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY
Members; voting; terms; quorum; compensation..................5072
DOWNTOWN DALTON DEVELOPMENT AUTHORITY
Local constitutional amendment continued .....................3881
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY
Downtown LaGrange District; limits ...........................4086
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY
Downtown district........................................... 5515
Local constitutional amendment continued .....................4503
DOWNTOWN SAVANNAH AUTHORITY
Local constitutional amendment continued .....................4201
DOWNTOWN SMYRNA DEVELOPMENT AUTHORITY
Local constitutional amendment continued .....................3957
DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY
Local constitutional amendment continued .....................4655
DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY
Local constitutional amendment continued
3906
INDEX
XCV
DRIVER TRAINING SCHOOLS
Renewal of licenses.............................................. 823
DRUGS
Boating, skiing, etc. under the influence of alcohol or drugs........612
Controlled substances; reports of law enforcement agencies ..........451
Dangerous drugs; permits to distribute; suspension or revocation; disposition
of drugs...................................................... 421
Dispensing; conditions ....................................... 1031
Wholesalers; registration; reports; prohibited purchases; penalties .929
DR. W. K. SMITH HIGHWAY........................... ......................185
DULUTH, CITY OF
Mayor and council; compensation; officers; clerk .................4769
E
EARLY COUNTY
Early County Development Authority; local constitutional amendment
continued ................................................... 4618
EARLY COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ............................4618
EAST ELLIJAY, CITY OF1'
New charter ......................................................5416
EASTERN JUDICIAL CIRCUIT
Judges pro hac vice; local constitutional amendment continued ....4357
EASTMAN, CITY OF
Corporate limits..................................................4538
Dodge County-Eastman Development Authority; local constitutional
amendment continued...........................................4534
EAST POINT, CITY OF
East Point Business and Industrial Development Authority; membership;
powers; local constitutional amendment continued..............4461
Retirement system; inclusion of employees; contributions........ 5824
EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY
Membership; powers; local constitutional amendment continued
4461
XCVI
INDEX
EDUCATION
Albany State College; motor vehicle license plates.........................852
Appeals from decisions of local boards of education; written notices of
decisions and right to appeal.........................................216
Board of Regents; public real property inventory...........................1483
Boards of education; appeals in disciplinary cases Y.Y.v...................817
Code revision ...............................................................10
College students; voter registration; residence............................1028
County and independent school superintendents; qualifications..............800
County boards of education and school superintendents; vacancies;
resignations; procedures ............................................ 996
Criminal records checks of employees ......................................669
"Driver educational motor vehicle redefined for ad valorem tax
purposes ..............................................................160
Driver training schools; renewal of licenses................................823
Educational programs in penal institutions.................................1596
Food service personnel; sick leave......................................... 924
Fort Valley State College; motor vehicle license plates....................288
Georgia Higher Education Assistance Corporation; income tax refunds; setoff
debt collection .......................................................825
Georgia Institute of Technology; motor vehicle license plates..............211
Georgia Southern College; motor vehicle license plates ....................852
Georgia State University; motor vehicle license plates......................850
Georgia Student Finance Authority; income tax refunds; setoff debt
collection............................................................ 825
Georgia Student Finance Authority; service cancelable educational loans;
members of the Georgia National Guard.................................499
Health insurance for retired former employees of public schools or public
school systems, spouses, and dependent children.......................1623
Health insurance for teachers; contributions by local employers; coverage;
Georgia Military College...............................................291
Insurance; joint purchase by boards of education; joint self-insurance
programs; interlocal risk management agencies ........................1172
Jury leave for teachers ....................................................498
Leases of schoolhouses and school property no longer needed for school
purposes ...............................................................38
Legislative Educational Research Council abolished .........................827
Macon Junior College; motor vehicle license plates..........................223
Mercer University; motor vehicle license plates ...........................223
Morehouse College; motor vehicle license plates............................223
Morris Brown College; motor vehicle license plates..........................850
Municipalities having independent school systems; annexation of territory .. 284
Property; leases ............................................................38
Public school disciplinary tribunals; appeals; time limits for decisions...817
Public school disciplinary tribunals; children in kindergarten through
primary grade 3 ......................................................1079
Public school employees; health insurance; coverage; surviving spouses and
dependent children....................................................1601
Retired Teachers Day designated............................................619
Savannah State College; motor vehicle license plates .......................290
School bus drivers; minimum salary .........................................880
INDEX
XCVII
School bus drivers to report vehicles passing a stopped school bus;
enforcement.......................................................819
School bus exhaust system requirements ...............................501
School buses; 4-H activities...........................................149
School security personnel; law enforcement powers.....................1549
Sick and annual leave for teachers and other personnel; breaks in service;
certification ...................................................1263
Sick leave for teachers; cross references in law changed .............782
State Medical Education Board; income tax refunds; setoff debt collection ... 825
Student loans and financial assistance; debt collection; income tax refunds .. 825
Student loans and financial assistance; Selective Service System registration
required of applicants ...........................................759
Teachers Retirement System of Georgiasee "Retirement and Pensions
Teachers and professional employees; termination, suspension, nonrenewal,
demotion, or reprimand; procedures; notices.......................300
University System of Georgia; acquisition of public property; eminent
domain ..........................................................1187
University of Georgia; motor vehicle license plates ..................312
Valdosta State College; motor vehicle license plates .................223
Wesleyan College; motor vehicle license plates.........................201
West Georgia College; motor vehicle license plates ...................852
Young Harris College; motor vehicle license plates ...................275
EFFINGHAM COUNTY
Effingham County Industrial Development Authority; ad valorem taxation;
powers and duties; membership ...................................3873
Effingham County Industrial Development Authority; local constitutional
amendment continued..............................................3886
Staggered motor vehicle registration periods..........................5630
EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Ad valorem taxation; powers and duties; membership ...................3873
Local constitutional amendment continued .............................3886
ELBERT COUNTY
Board of commissioners; elections; districts; compensation; duties....3598
Board of education; re-creation; referendum ..........................3578
ELBERTON, CITY OF
Mayor and councilmen; election dates..................................4309
ELEANOR, TOWN OF
Abolished; charter repealed ..........................................4610
ELECTIONS
Absentee ballots; assisting an elector; lists of voters who have died or appear
to be disqualified................................................932
XCVIII
INDEX
Absentee electors; election superintendents; registrars; contests; calls;
advertisements .................................................... 772
Ballot questions ...................................................... 772
"Campaign and Financial Disclosure Act repealed........................957
Code revision ........................................................ 32
Commissioner of Insurance............................... Jttj.........i.8.855
Constitutional Officers Election Board; recounts........................382
Deputy registrars; registration cards; receipts; main offices of boards of
registrars ........................................................ 932
"Ethics in Government Act enacted..................................... 957
House of Representatives; Districts No. 28 and 34 reapportioned ........466
Incumbency of candidates to be indicated on ballots ..................1538
Municipal; eligibility of municipal registrars, deputy registrars, and
members of boards of elections for public office; political activity;
registration; exit polls ...........................................382
Notices and advertisements; eligibility of registrars, deputy registrars, and
members of boards of elections for public office ...................382
Polling places; standards for selection.................................348
Presidential preference primary; date ................................. 220
Qualification and nomination of candidates; conventions; petitions......890
Registration deadlines; exit polls; campaign activities; recounts; calls for
special elections ................................................. 382
Vacancies in public office; procedures .................................996
Voter registration places in counties of 100,000 or more ...............772
Voter registration; residence; factors to be considered by registrars; college
students........................................................ 1028
ELECTRIC COMPANIES
Venue of actions .................................................... 37
ELLAVILLE, CITY OF
Mayor and council; composition; elections; districts..................4011
EMANUEL COUNTY
Board of commissioners; conveyance of state property; amendment ........8
Emanuel County Development Authority; local constitutional amendment
continued ........................................................4741
EMANUEL COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued .............................4741
EMERGENCY MEDICAL SERVICES
First responders; licenses; municipalities and counties...............1321
EMERGENCY MEDICAL TECHNICIANS
Indemnification; death or permanent disability
1622, 1627
INDEX
XCIX
EMERSON, CITY OF
Mayors court established; judge; jurisdiction .................. 4338
EMINENT DOMAIN
State Commission on the Condemnation of Public Property; acquisition of
public property ..............................................1187
EMISSION INSPECTIONS
Motor vehicles; dates; initial inspections........................1061
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
Certain certified personnel of the State Board of Education or State
Department of Education; membership ..........................1543
Comptroller General; references changed to Commissioner of Insurance.999
County probation system employees.................................1266
Justices of the Supreme Court; Judges of the Court of Appeals........1329
Juvenile detention facility employees ............................1550
Military service; certain provisions relative to employment after July 1,
1982, not repealed by implication .......................>.......1233
Secretaries of superior court judges and district attorneys; creditable
service...................................................... 1250
EMPLOYMENT SECURITY LAW
Nonprofit organizations; department may secure security bonds;
reimbursable security deposits ................................925
Settlement and compromise of deliquent payment disputes; rules and
regulations; reports; records..................................415
Waiver of interest payments by the Commissioner of Labor; reports;
audits.........................................................299
ENGLISH
Designation as the official language of the State of Georgia ......529
ENVIRONMENTAL FACILITIES AUTHORITY, GEORGIA
Created............................................................569
EQUITY
Complaints in equity for relief from judgments abolished; time limits;
procedures; fraud .............................................294
"ETHICS IN GOVERNMENT ACT
Enactment
957
c
INDEX
ETOWAH-FORSYTH WATER AUTHORITY
Members; appointment ..........................................4680
EVANS COUNTY
Board of education; compensation; expenses .......................4051
EVIDENCE
Hearsay; statements by children under 14 describing sexual contact or
physical abuse ................................................668
Libel; retractions and requests therefor; relevant and competent evidence ... 272
Lost papers; appeals ............................,................982
Privileged communications to a clergyman; medical information ....1277
Privileged communications; veterinary care ....................1090
Securities; burden of proof; confidential information..........1559
F
FAIR ACCESS TO INSURANCE REQUIREMENTS PLAN
Extension of operation of law ....................................508
FAIR BUSINESS PRACTICES ACT OF 1975-
Campground and marine memberships; forms; cancellations ..........405
Office supply transactions.....................................1046
Promotional giveaways or contests.............................. 1313
FAMILY VIOLENCE
Persons of the opposite sex dwelling together openly in a meretricious
relationship ..................................................657
FANNIN COUNTY
Board of registrations and elections created .....................3533
Terms of superior court.........................................230
FEDERAL GRANT PROGRAMS
Governor; agreements with other states ..........................178
FIDUCIARIES
Investments by corporate fiduciaries in certain investment trusts.882
FIELDS, CHARLES ALLEN
Acceptance of bid for purchase of state property in Franklin County ....... 553
INDEX Cl
FIREARMS
Licenses to carry pistols; residency requirements....................481
Stun guns and tasers; possession during commission of crimes; trial judges;
concealed weapons ...............................................1205
Theft; penalties ................................................... 1228
FIRE PROTECTION AND SAFETY
Abstracts of driving records of applicants for employment by local fire
departments......................................................514
Blasting or excavating near underground facilities or utilities......1069
Code revision .......................................................10
Criminal histories of applicants for employment by local fire departments .. 513
Firemen employed by the state; injuries in the line of duty; compensation . 1491
Fireworks.............................................................798
Indemnification; death or permanent disability of firemen . .........1627
Indemnification; firemen; definition ................................1478
Motor vehicle license plates for certified firefighters .............427
FIREWORKS
Model rockets; safety regulations, license fees, and inspections relative to
fireworks; Safety Fire Commissioner; powers ......................798
FIRST OFFENDERS
Adjudications of guilt; review of criminal records by judges ........218
Probation; records; entries; forms ...................................442
FLOVILLA, CITY OF
Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg
Water and Sewer Authority created .............................. 5457
FLOYD COUNTY
Board of elections and registration created .........................5289
Homestead exemption; referendum .....................................5511
School district; homestead exemption; referendum ....................5057
FOOD, DRUGS, AND COSMETICS
Adulteration or misbranding of food ................................. 197
Beef; Labeling^-antibiotics or growth hormones; "Georgia lean beef..1089
Cocaine mixtures; penalties ............................]............397
Code revision .........................................................10
Controlled substances; reports of law enforcement agencies ...........451
Dangerous drugs; permits to distribute; suspension or revocation; disposition
of drugs..........................................................421
Drug dependent individuals and drug abusers; outpatient treatment;
procedures ......................................................1098
CII
INDEX
Drugs; controlled substances; conditions for dispensing ...........1031
Drugs; cummulative effect of the Georgia Drug and Cosmetic Act; controlled
substances; dangerous drugs ..................................1555
Drugs; wholesalers; registration; reports on controlled substances; penalties;
practitioners prohibited from making certain purchases.........929
Food fish dealers; licenses........................................172
Insulin and insulin syringes; sales and use tax exemption .........1459
Oxygen; sales and use tax exemption' ..............................1467
Pharmacists; continuing pharmaceutical education requirements; pharmacy
intern licenses...............................................1603
Vidalia Onion Act of 1986 ...........................................3
FOOD FISH DEALERS
Licenses ..........................................................172
FOREIGN JUDGMENTS
Enforcement........................................................380
FORESTRY
Reforestation incentives program; wood load tickets................402
FORSYTH, CITY OF
Corporate boundaries..............................................4367
FORSYTH COUNTY
Board of commissioners; expense allowance.........................4395
Etowah-Forsyth Water Authority; members; appointment..............4680
Forsyth County Water and Sewerage Authority; abolition; transfer of rights,
obligations, and employees to Forsyth County .................3658
Homestead exemption from school district taxes; referendum .......4347
Merit or civil service system; local constitutional amendment continued ... 4573
FORSYTH COUNTY WATER AND SEWERAGE AUTHORITY
Abolition; transfer of rights, obligations, and employees to Forsyth County . 3658
FORT HOWARD PAPER COMPANY
Easement over state property in Effingham County....................39
FORT VALLEY STATE COLLEGE
Motor vehicle license plates ......................................288
4-H CLUBS
School buses; use for activities...................................149
INDEX cm
FRANKLIN, CITY OF
Franklin-Heard County Water Authority; sewage projects; limitations on
bonds and interest rates............................................5367
FRANKLIN-HEARD COUNTY WATER AUTHORITY
Sewage projects; limitations on bonds and interest rates................5367
FUEL
Below Cost Sales Act; attorney fees and costs; punitive damages..........326
FULTON COUNTY
Annexation by the City of Atlanta; school system; local constitutional
amendment continued.................................................4812
Atlanta; freeport exemption; urban enterprise zones; taxes; local
constitutional amendment continued .................................4426
Atlanta-Fulton County Taxation Study Commission; creation ..............5652
Board of commissioners; advertising and promoting the county; local
constitutional amendment continued .................................4029
Board of commissioners; board of education; branch offices; local
constitutional amendment continued .................................4043
Bonds; grandstands and stadiums; local constitutional amendment
continued ..........................................................4786
Business licenses and taxes; local constitutional amendment continued .... 4045
Civil service system; local constitutional amendment continued .........4420
Civil service system; coverage; local constitutional amendment continued .. 4452
Contracts with Atlanta, DeKalb County, or hospital authorities; local
constitutional amendment continued .................................4783
County and school district taxes; homestead exemption; referendum.......4359
County officers; chief clerks, assistants, or deputies; local constitutional
amendment continued.................................................4774
County-wide library system; title to real property; special district;
taxation............................................................5370
Detention facilities; local constitutional amendment continued .........4428
Expenditure of county funds to support state-owned institutions; local
constitutional amendment continued .................................4450
Fulton County Industrial District; educational taxation; local constitutional
amendment continued................................................ 4438
Garbage disposal districts; local constitutional amendment continued....4454
General obligation bonds for certain public improvements; issuance without
a referendum; local constitutional amendment continued..............4444
Governing authority; powers, responsibilities, and limitations; local
constitutional amendment continued .................................4442
Grants to municipalities for recreational programs; local constitutional
amendment continued.................................................4436
Homestead exemption for residents who are disabled or 65 or older ......4434
Homestead exemptions; nonprofit cooperative ownership housing
corporation stockholders; local constitutional amendment continued ... 4448
CIV
INDEX
Landfills; local constitutional amendment; continued....................4418
Medical examiner; local constitutional amendment continued .............4031
Operation of recreational programs in cities of 5,000 or less; local
constitutional amendment continued .................................4446
Ordinances; local constitutional amendment continued ...................4027
Pension system; participation; local constitutional amendment continued .. 4039
Recreational programs in cities of not more than 5,000; local constitutional
amendment continued................................................ 4035
Redevelopment powers; referendum........................................4148
Retirement system; increases in benefits; local constitutional amendment
continued ..........................................................4041
School district debt; assumption by City of Atlanta when territory is annexed;
local constitutional amendment continued ........................ .4814
Services districts; taxation; local constitutional amendment continued .4430
Sewerage, water, and fire prevention systems; parks; taxes; local
constitutional amendment continued .................................4422
Stadium; local constitutional amendment continued.......................4047
Street improvements; local constitutional amendment continued ..........4033
Tax commissioner; chief deputy; selection; local constitutional amendment
continued ..........................................................4440
Tax commissioner; collection of taxes for the City of Atlanta; local
constitutional amendment continued .................................4037
Tax commissioner; uncollectible checks for automobile license tags; local
constitutional amendment continued |................................4049
Urban enterprise zones; taxation; local constitutional amendment
continued ..........................................................4424
FULTON COUNTY AND POLITICAL SUBDIVISIONS THEREIN
Ad valorem taxation; procedures; local constitutional amendment
continued ..........................................................4432
FUNERAL DIRECTORS
Dead bodies; notices of infectious or communicable diseases.............1513
G
GAINESVILLE, CITY OF
Gainesville and Hall County Development Authority; local constitutional
amendment continued.................................................4328
Independent school district; homestead exemption; referendum............3815
GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...............................4328
GAME AND FISH
Dip nets; cast nets; threadfin shad; blueback herring; gizzard shad....169
Fish dealers; licenses; channel catfish; out-of-state fish shipments...1460
Food fish dealers; resident and nonresident licenses; penalties..........172
INDEX CV
Hunting or trapping at state parks, historic sites, and recreational areas .... 437
"Hunting redefined..................................................1460
Impersonating a conservation ranger..................................1059
Interference with lawful taking of wildlife prohibited; failure to obey a law
enforcement officer..............................................1460
Raccoon fur sellers license fee.................................. 194
Red drum; spotted sea trout; creel and size limits ....................504
Resisting, obstructing, or opposing a conservation ranger ............484
Taxidermists; mounting and sale of furbearers, deer, and squirrel .....485
GARDEN CITY
Corporate limits.....................................................4578
GARNISHMENT-^;
Notarial acts, certifications, and seals.............................1446
GENERAL ASSEMBLY
Acts; local Acts requiring a referendum or special election; maps......1608
Air travel; reimbursement of members .................................314
Assistant administration floor leaders of the House of Representatives;
compensation......................................................311
Claims Advisory Board; membership of the commissioner of corrections;
quorum ...........................................................155
Code revision .........................................................10
"Georgia Occupational Regulation Review Law; review of proposed
legislation.......................................................803
House Districts No. 28 and 34; reapportionment .......................466
Judicial Council of Georgia; notice of proposed rules and regulations .956
Legislative Educational Research Council abolished ...................827
Metropolitan Atlanta Rapid Transit Overview Committee; date for repeal
of resolution.....................................................457
Mileage reimbursement rate ...........................................356
Motor vehicle license plates ....................................... 1333
Municipal or county road or street authorities; referendum required ...1628
GENERAL HOSPITAL AUTHORITY OF WEST CHATHAM COUNTY
Local constitutional amendment continued ............................4352
GENERAL PROVISIONS
English designated as the official language of the State of Georgia...529
Statutes; referendum required to create or amend county or municipal road
or street authorities............................................1628
GEORGIA AGRICULTURAL EXPOSITION CENTER
Henry L. Reaves Arena designated ....................................1198
Sam P. McGill Exhibition Building designated.........................1197
GVI
INDEX
GEORGIA ALLOCATION PLAN
Repeal upon occurance of certain events ...................................344
"GEORGIA ANIMAL PROTECTION ACT
Enacted; regulation of animal shelters, kennels, stables, and pet dealers -628
GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985-
Borrowing by the certified cotton growers organization; liens; executions .. 1086
GEORGIA BUILDING AUTHORITY
Agency for Removal of Hazardous Materials created .........................829
Day care centers for state employees; capitol hill pilot program ..........1489
Real property inventory ...................................................1483
GEORGIA BUILDING AUTHORITY (HOSPITAL)
Real property inventory .........................................1483
GEORGIA BUILDING AUTHORITY (MARKETS)
Real property inventory .........................................1483
GEORGIA BUILDING AUTHORITY (PENAL)
Real property inventory ........................................ 1483
GEORGIA BUREAU OF INVESTIGATION
Impersonating an agent............................................1059
Jackson County; jurisdiction; local constitutional amendment continued ... 4704
Missing Children Information Center created; local law enforcement
agencies; duties .............................................659
Phil Peters Building designated....................................534
GEORGIA COUNCIL FOR THE ARTS
Name change .......................................................174
GEORGIA CRIME INFORMATION CENTER
Attorneys; admission to practice; criminal records checks..........279
Department of Human Resources; criminal records checks of applicants for
employment....................................................1225
Drivers licenses; records.........................................156
Fire departments; criminal histories of applicants for employment .513
Records checks for persons exercising supervisory or disciplinary power over
children.......................................................669
INDEX
CVII
GEORGIA DEVELOPMENT AUTHORITY
First-time farmer tax-free note program; eligibility for loans .656
Membership; powers; programs; tax exemptions; venue ............705
GEORGIA EDUCATION AUTHORITY (UNIVERSITY)
Real property inventory .....................................1483
GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY
Creation......................................................569
GEORGIA FOOD ACT
Beef labeling................................................1089
GEORGIA FORESTRY COMMISSION
Transfer of structure to Schley County Board of Commissioners.532
GEORGIA HAZARDOUS WASTE MANAGEMENT ACT
Definitions; claims; limitation of liability .................761
GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION
Income tax refunds; setoff debt collection....................825
Selective Service System registration.........................759
GEORGIA INSTITUTE OF TECHNOLOGY
Motor vehicle license plates .................................211
GEORGIA LEGISLATIVE RETIREMENT SYSTEM
Employee contributions; service retirement allowance ........1255
GEORGIA MILITARY COLLEGE
Health insurance for teachers ................................291
GEORGIA NATIONAL GUARD
Educational loans ............................................499
"GEORGIA OCCUPATIONAL REGULATION REVIEW LAW
Review of proposed legislation licensing or certifying a profession or
business..................................................................
803
HHHRHHH Hi 1 9 HU IS HI HI 1111 HUB
CVIII
INDEX
GEORGIA PORTS AUTHORITY
Real property inventory ........................................1483
Venue of actions ................................................164
GEORGIA RESIDENTIAL FINANCE AUTHORITY' ]
Powers; membership; residential energy-conserving systems; family
farms ........................................................899
State ceiling on single-family residential housing bonds; "Georgia Allocation
Plan .......................................................344
GEORGIA SAFE DAMS ACT OF 1978-
Exemption of certain dams extended...............................196
GEORGIA SOUTHERN COLLEGE
Motor vehicle license plates ....................................852
GEORGIA STATE FINANCING AND INVESTMENT COMMISSION
Appropriations; use if debt is not incurred; negotiated sales; investments .... 339
GEORGIA STATE PATROL
Impersonating a member .........................................1059
State Patrol Disciplinary Board; membership .....................193
GEORGIA STATE UNIVERSITY
Motor vehicle license plates ....................................850
GEORGIA STUDENT FINANCE AUTHORITY-H
Income tax refunds; setoff debt collection.......................825
Selective Service System registration............................759
GEORGIA TIME-SHARE ACT
Promotional giveaways and contests .............................1313
GEORGIA WATER QUALITY CONTROL ACT
Permit terms; general permits; federal funds; penalties; local ordinances .... 350
GIFTS
Anatomical gifts; procedures; minors; irrevocability at death; purchase or
sale.........................................................
645
INDEX CIX
GILMER COUNTY
Terms of Superior Court .........................................230
GLASS
Building installations; hazardous locations.................. 1231
GLYNN COUNTY
Staggered motor vehicle registration periods..................5632
GORDON COUNTY
Assistant district attorney ..................................4401
Coroner; compensation; deputy coroners........................4718
GOVERNOR
Elections; recounts ...........................................382
Federal grant programs; agreements with other states...........178
Task Force on Funding of Indigent Health Care Programs; creation by
Governor requested ........................................526
GOVERNORS COMMISSION ON BLACK ON BLACK CRIME................ .......188
GRAND JURIES
Duties; inspections.......................................... 306
GRANDPARENTS
Child custody; adoption; visitation rights ...................1516
GREENE COUNTY
Board of commissioners; elections; districts; vacancies ......3684
Board of education; elections; districts; vacancies...........3696
Greene County Development Authority; membership; terms of office.3681
GREENE COUNTY DEVELOPMENT AUTHORITY
Membership; terms of office ............................... 3681
GRIFFIN, CITY OF
Griffin Development Authority; local constitutional amendment continued . 3915
GRIFFIN DEVELOPMENT AUTHORITY
Local constitutional amendment continued
3915
cx
INDEX
GUARDIAN AND WARD
Appeals ................................................................982
Estate planning tax-motivated dispositions of a wards property
authorized..........................................................684
GWINNETT COUNTY
Board of education; chairman; terms....................................4552
Board of education; compensation.......................................5354
Board of education; school superintendent; local constitutional amendment
continued .........................................................4626
Business license taxes; solid waste disposal; ambulance service; cable
television; local constitutional amendment continued ..............4624
Fire protection districts; sewerage districts; local constitutional amendment
continued 4554
Garbage disposal; landfills; sanitation districts; local constitutional
amendment continued................................................4547
Gwinnett County Industrial Building Authority; local constitutional
amendment continued................................................4549
Merit system board; executive secretary; personnel director; meetings .5303
Merit system; local constitutional amendment continued ................4621
Ordinances; speed limits; bridges; truck routes; local constitutional
amendment continued..............................................5359
Staggered motor vehicle registration periods; referendum...............5625
State court; judges; solicitor; compensation ..........................5356
Water, sanitation, sewerage, and fire protection districts; local constitutional
amendment continued................................................4629
GWINNETT COUNTY INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued ..............................4549
H
HABEAS CORPUS
Proceedings in counties in which county correctional institutions or jails
are located .......................If............................318
HABERSHAM COUNTY
Board of commissioners; compensation ..................................5554
Board of education; borrowing; local constitutional amendment continued .. 3827
District attorney; investigator; compensation .........................5493
Homestead exemption from school taxes; local constitutional amendment
continued ........................................................ 3807
Superior court; terms............................................... 1526
HALL COUNTY
Board of education; local constitutional amendment continued
4330
INDEX CXI
Business and occupational licenses and taxes; local constitutional
amendment continued..........................................5344
Business and occupational license taxes........................ 4326
Civil service system; local constitutional amendment continued .4324
Gainesville and Hall County Development Authority; local constitutional
amendment continued..........................................4328
Lake Lanier Islands Development Authority; venue of actions......377
Power of taxation; assessment dates; tax bills; local constitutional
amendment continued..........................................4321
School district; homestead exemption; referendum ...............3811
Staggered motor vehicle registration periods; referendum........5616
Superior court; additional judge ................................160
HAMILTON COUNTY, TENNESSEE
Conveyance of the states interest in a 99 year lease............. 540
HANDGUNS
See "Pistols
HANDICAPPED PERSONS
Code revision ....................................................10
HAPEVILLE, CITY OF
Corporate limits................................................4345
HARALSON COUNTY
Contracts for lease or acquisition of a county courthouse; local constitutional
amendment continued..........................................4690
Haralson County Water Authority; membership; terms; quorum;
vacancies................................................... 4657
Tax commissioner; commission for collection of school taxes ....5154
HARALSON COUNTY WATER AUTHORITY
Membership; terms; quorum; vacancies............................4657
HARRIS COUNTY
Board of education; education districts ........................4517
HART COUNTY
Coroner; compensation...........................................5310
HAY BALES
Motor vehicle size limits
471
CXII
INDEX
HAYES, ROLAND, PARKWAY.........................................................516
HAZARDOUS WASTE MANAGEMENT
Definitions; claims; limitation of liability ............................761
HEALTH-
AIDS; dead bodies; notices of infectious or communicable diseases
required.............................................................1513
Alcoholism or drug addiction; hospitals; insurance coverage...............695
Anatomical gifts; organ transplants; procedures; purchase or sale of human
bodies or parts thereof ..............................................645
Bathhouses; certain operations prohibited; inspection warrants; injunctions;
penalties ......................................................... 1208
Breast cancer booklet .................................................. 304
Boxing while under the influence of alcohol or a drug; State Boxing
Commission; sunset ...................................................674
Chiropractic; educational requirements....................................831
Code revision .............................................................10
County boards of health; membership......................................1242
Dead bodies; notices of infectious or cohmiunicable diseases required;
procedures ..........................................................1513
Department of Human Resources and county boards of health; appeals;
procedures; notices; time limits.....................................1280
Emergency medical services; first responders; licenses; insurance;
municipalities and counties..........................................1321
Emergency medical technicians; indemnification; death or permanent
disability ...................................................1622, 1627
Health maintenance organizations; regulation .............................676
Health Planning Agency; state health plan; rules; certificates of need...148
Health Planning Review Board; practices and procedures; appeals...........744
Hearing aids; sales and use tax exemption................................1584
Hospital and nursing home liens...........................................222
Hospital authorities; audits; filing ...!.................................489
Hospital Equipment Financing Authority; administration; staff; bonds;
powers...............................................................1519
Hospitals owned by hospital authorities or political subdivisions; use of
proceeds from sale; indigent care.....................................744
Indemnification of firemen and persons rendering emergency services at
fires .............................................................. 1478
Insulin and insulin syringes; sales and use tax exemption ...............1459
Living wills; effectiveness; forms........................................445
Medicaid; modification of state plan; nursing homes ......................486
Medical records; subpoenas; release to coroners of other states .........1594
Mental health, mental retardation, and substance abuse; administration of
programs........................................................... 1213
Nursing home administrators ..............................................846
Oxygen; sales and use tax exemption .....................................1467
Personal care homes; county boards of health; immunity from liability for
Criminal records checks of personnel..................................509
Personal care homes; criminal records checks; records search fees........822
INDEX
CXIII
Physical therapists; licenses; examinations ........................812
Pregnancy; posting signs on consumption of alcohol .................618
Privileged communications; medical information.....................1277
Psychologists; State Board of Examiners of Psychologists; licenses;
examinations ...................................................473
"Respiratory Care Practices Act; enactment ........................264
Road houses, dance halls, etc.; inspections ........................449
Septic tanks; permits; county boards of health; regulations; building
permits ........................................................227
State inmates; emergency medical costs .............................493
Sterilization of mentally incompetent persons; appeals from probate
courts..........................................................982
Task Force on Funding of Indigent Health Care Programs; creation
requested.......................................................526
HEALTH MAINTENANCE ORGANIZATIONS
Regulation; rates ..................................................676
HEARD COUNTY
Franklin-Heard County Water Authority; sewage projects; limitations on
bonds and interest rates..................................... 5367
HEARING AIDS
Sales and use tax exemption .......................................1584
HELEN, CITY OF
City council changed to "city commission..........................4397
HENRY COUNTY
Business licenses and taxes; racetracks; local constitutional amendment
continued .....................................................4806
Homestead exemptions from school district taxes; residents 62 or over or
totally disabled; referendum ..................................5053
Magistrate court; law library fees.................................3890
Sheriff; judge of the probate court; clerk of the superior court; tax
commissioner; compensation ....................................4171
Staggered motor vehicle registration periods; referendum...........5607
HENRY L. REAVES ARENA...................................................1198
HERTY FOUNDATION
Powers .............................................................362
HIAWASSEE, CITY OF
Corporate limits
3955
CXIV
INDEX
HIGHWAYS, BRIDGES, AND FERRIES
Air Transportation Act; mandatory retirement age for pilots employed by
the Department of Transportation...............................338
Code revision .................................................... 10
County or municipal road or street authorities; referendum.............1628
Department of Transportation; award of contracts when only one bid is
received................;..........................................153
Designation of highways or bridges; see Tabular Index "Miscellaneous
Resolutions
Lost Mountain Scenic Highway.......................................535
Modular or sectional housing; permits for transportation ..............655
Motor vehicle size and weight limits; vehicles transporting hay bales .471
Roland Hayes Parkway ..............................................516
State Commission on the Condemnation of Public Property; eminent
domain .......................................................1187
State Tollway Authority; federal contributions....................1241
Transportation plans; facility, site, or project corridor hearings and design
hearings ......................................................796
HIRAM, CITY OF
Councilmen; elections; terms of mayor and councilmen .............4398
HISTORIC PRESERVATION
Powers and duties of the Department of Natural Resources; grants; surveys
399
HOG HAMMOCK COMMUNITY
Best use of property; real property transactions...................453
HOMEOWNER WARRANTY AGREEMENTS
Insurers .........................................................1237
HOSPITAL AUTHORITIES
Audits; filing.................................................... 489
HOSPITAL EQUIPMENT FINANCING AUTHORITY
Administration; staff-; powers; bonds.............................1519
HOSPITALS
Alcoholism or drug addiction; insurance payments ..................695
Liens..............................................................222
Living wills; effectiveness; forms.................................445
Medical records; subpoenas; release to coroners in other states...1594
Sale; use of proceeds; indigent care ..............................744
INDEX
CXV
HOTELS
Alcoholic beverage sales by in-room service; licenses........ 778
Notices of termination of occupancy .............................. 1212
HOUSE OF REPRESENTATIVES
Districts No. 28 and 34 reapportioned...........................466
HOUSING AUTHORITIES
Eligible housing unit; definition.............................. 797
HOUSTON COUNTY
Board of commissioners; redevelopment powers; referendum .......3901
County school system; local sales and use tax; local constitutional
amendment continued.........................................4715
Limits on ad valorem taxes; local constitutional amendment continued .... 4209
I
IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS LICENSES
Distinctive cards for persons under 21..............................395
INCOME TAX
Dependent care assistance ..........................................749
Retirement income exclusion; notices of changes in federal net income;
penalties ....................................................1480
Setoff debt collection; claimant agencies; priority; student loans .825
INFECTIOUS OR COMMUNICABLE DISEASES
Dead bodies; notices required..................................... 1513
INNKEEPERS
Notices of termination of occupancy ...............................1212
INSULIN
Sales and use tax exemption .......................................1459
INSURANCE
Accident and sickness insurance; alcoholism or drug addiction; hospitals .... 695
Boards of education; joint purchase; joint self-insurance programs.1172
Code revision ..................................................... 10
Comptroller General; title changed to Commissioner of Insurance in certain
Code sections .................................................855
CXVI
INDEX
Fair Access to Insurance Requirements Plan; time of operation of law
extended ............................................................508
Farmers mutual fire insurance companies; maximum limits of risk ........510
Group accident and sickness policies; notice of termination of coverage .688
Group health contracts; continuing coverage after cancellation; conversion
rights; certificates; notices of termination of coverage ............688
Health insurance for retired former employees of public schools, spouses,
and dependent children ............................................ 1623
Health maintenance organizations; regulation as insurers ................676
Insurance premium finance companies; delivery of cancellation notices to
insurers.............................................................496
Intangible personal property tax; property held in a foreign country incident
to an insurance business.............................................769
Local governments; joint purchase of insurance by municipalities and
counties; joint self-insurance programs; interlocal risk management
agencies.............................................................1496
Motor vehicle insurance; surcharges; personal motor vehicles of law
enforcement officers; multi-vehicle accidents.......................1184
Motor vehicle liability insurance; uninsured and underinsured motorist
coverage ............................................................394
Municipalities; sovereign immunity; public policy; waiver; insurance ...1312
Notices of termination, increase in premium rates, or changes in coverage;
time periods; automatic extensions of policies.......................695
Private detectives and security agencies.................................751
Property and casualty insurance; agreements as to apportionment of risks;
approval; refunds as a result of violations..........................698
Property and casualty insurers; itemized annual reports..................896
Property insurance; definition; surplus line insurers; corporate surety
insurers; homeowner warranty agreements ............................1237
Unfair trade practices; cancellation of an entire line or class of business .... 695
INTANGIBLE PERSONAL PROPERTY TAX
Property held in a foreign country incident to an insurance business ....769
INTEREST AND USURY
Interest rate on judgments ..............................................195
INTERSTATE INTERFERENCE WITH CUSTODY
Penalties ............................................................. 1325
ISLANDS, CITY OF
Incorporation; charter; referendum .....................................4872
IVEY, CITY OF
New charter
5160
INDEX
CXVII
J
JACKSON, CITY OFgjHs
Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg
Water and Sewer Authority created ...........................5457
Mayor and council members; districts; special election; terms; qualifications;
vacancies....................................................3675
JACKSON COUNTY
Board of education; school superintendent; local constitutional amendment
continued ...................................................5061
Georgia Bureau of Investigation; jurisdiction; local constitutional
amendment continued..........................................4704
Jackson County Industrial Development Authority; local constitutional
amendment continued..........................................4702
Jackson County Water and Sewerage Authority; creation.............5473
Staggered motor vehicle registration periods......................5639
Superior court; additional judge ..................................163
West Jackson Fire District; local constitutional amendment continued.4661
JACKSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued .........................4702
JACKSON COUNTY WATER AND SEWERAGE AUTHORITY-H
Creation..........................................................5473
JASPER COUNTY
Board of commissioners; compensation .............................4853
Business licenses and taxes ................................... 4781
Jasper County Industrial Development Authority; local constitutional
amendment continued..........................................4155
JASPER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued .........................4155
JEFF DAVIS COUNTY
Malt beverages and wine.......................................... 5710
JEFFERSON COUNTY
Discount for early payment of ad valorem taxes; local constitutional
amendment continued..........................................4404
JEFFERSONVILLE, CITY OF
Mayor and council; terms of office
3910
CXVIII
INDEX
JEKYLL ISLANDSTATE PARK AUTHORITY
Real property inventory ........................................1483
JENKINSBURG, CITY OF
Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg
Water and Sewer Authority created ..................................5457
JENKINS COUNTY
Staggered motor vehicle registration periods.............................5609
JESUP, CITY OF
Referendum for franchise for distribution of electric current............5780
JOB TRAINING PARTNERSHIP ACT
Aid to Families with Dependent Children; income..........................881
JOHN C. BEASLEY BRIDGE DESIGNATED ...................................186
JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA
Retirement and disability benefits .............................1249
Time for making payments to the fund.....................................1494
JUDGMENTS
Interest rate on judgments ......................................195
Relief from judgments; procedures; complaints in equity abolished........294
JUDICIAL COUNCIL OF GEORGIA
Prior written notice of intended adoption of rules and regulations
required....................................................956
JURIES
Charges to the jury in civil actions; writing; sending out with the jury.320
Grand juries; duties; inspections ...............................306
Jury leave for teachers .........................................498
JUVENILE COURTS
Deprived children; petitions when a child is not released at a detention
hearing ................................................. 1097
Disposition of children; designated felony acts; services and treatment..277
INDEX
CXIX
JUVENILES
Designated felony acts; discharge from custody of the Division of Youth
Services; motions; time limits ................................192
Termination of parental rights ................................... 1017
K
KENNELS
Regulation and licensing............................................628
KIDD, CULVER, MEDICAL AND SURGICAL BUILDING
Designated.........................................................1201
KINGSLAND, CITY OF
Kingsland Development Authority; local constitutional amendment
continued ....................................................4365
KINGSLAND DEVELOPMENT AUTHORITY
Local constitutional amendment continued ..........................4365
L
LABOR AND INDUSTRIAL RELATIONS
Amusement Ride Safety Act; definitions; applicability ..............330
"Carnival Ride Safety Act enacted..................................330
Code revision .......................................................10
Criminal records checks of persons exercising supervisory or disciplinary
power over children............................................669
Employment Security Law; nonprofit organizations; department may secure
security bonds; reimbursable security deposits.................925
Employment Security Law; settlement and compromise of delinquent
payment disputes; rules and regulations; reports; records......415
Employment Security Law; waiver of interest payments by the Commissioner
of Labor; reports; audits .....................................299
Fireworks...........................................................798
Job Training Partnership Act; Aid to Families with Dependent Children;
income.........................................................881
Positive Employment and Community Help (PEACH) Program established .. 410
Wholesale sales; contracts between principals and their sales
representatives ...............................................884
LAGRANGE, CITY OF
Downtown LaGrange Development Authority; district limits ..........4086
LAKELAND, CITY OF
Lakeland-Lanier County Charter Commission Act; referendum
3609
cxx
INDEX
LAKELAND-LANIER COUNTY CHARTER COMMISSION ACT ............................3609
LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY
Venue of actions; Superior Court of Hall County......................377
LANDLORD AND TENNANT
Innkeepers; notices of termination of occupancy .....................1212
LANDSCAPE ARCHITECTS
Licenses; applications; certificates; penalties; board...............430
LANGUAGE
English designated as the official language of the State of Georgia..529
LANIER COUNTY
Lakeland-Lanier County Charter Commission Act; referendum............3609
LAURENS COUNTY-H
Board of education; elections; referendum ...........................3821
LAW ENFORCEMENT OFFICERS AND AGENCIES
Arrests; use of force ............................................. 490
Bail bond business; prohibition from engaging in business ...........303
Child abuse, sexual abuse, and sexual exploitation; training of criminal
justice professionals; reports ................................1204
Controlled substances; reports to local governments .................451
Corrections employees; deputizing; police officers powers ..........1170
Department of Agriculture employees.................................425
Department of Public Safety and criminal justice agencies; abstracts
of driving records of applicants for employment by local fire
departments.................................................... 514
Department of Public Safety; Georgia Crime Information Center; drivers
license records; Department of Human Resources; child support ...156
Department of Public Safety; Uniform Division; recruits and cadets;
authority; clothing allowance for members assigned to personal security
or special duty................................................ 452
Georgia Bureau of Investigation; impersonating an agent..............1059
Georgia Bureau of Investigation; jurisdiction in Jackson County; local
constitutional amendment continued ............................4704
Georgia Bureau of Investigation; Missing Children Information Center
created; local law enforcement agencies; duties ................659
Georgia Bureau of Investigation; Phil Peters Building designated.....534
Georgia Crime Information Center; attorneys; criminal records checks.279
Georgia Crime Information Center; criminal histories of applicants for
employment by local fire departments .......................... 513
INDEX
CXXI
Georgia Crime Information Center; criminal records checks for persons
exercising supervisory or disciplinary power over children............669
Georgia Crime Information Center; Department of Human Resources;
criminal records checks of applicants for employment..................1225
Indemnification; death or permanent disability ............................1627
Law enforcement officers employed by the state; injuries in the line of duty;
compensation...........................................................1491
Law enforcement vehicles; marking; lights; disposal; personal use ...........802
Motor vehicle insurance surcharges for personal vehicles of law enforcement
officers...............................................................1184
Railroads; special officers; qualifications .................................308
Resisting, obstructing, or opposing a law enforcement officer ...............484
Retired peace officers; carrying pistols in publicly owned or operated
buildings ..............................................................673
School bus drivers; reports of vehicles passing a stopped school bus;
enforcement ............................................................819
School security personnel ..................................................1549
State Patrol; impersonating a member .......................................1059
State Patrol Disciplinary Board; membership .................................193
Stolen motor vehicles; return to owners .....................................158
LAWRENCEVILLE, CITY OF
New charter ....................................................4961
LEGISLATIVE EDUCATIONAL RESEARCH COUNCIL
Abolished........................................................827
LIBEL
Evidence; requests for and publication of retractions ...........272
LIBERTY COUNTY
Board of commissioners; elections; districts; vacancies ..................3557
Board of education; creation; elections; districts; referendum............3542
School superintendent; appointment; referendum ...........................3554
LIBRARIES
County-wide public library systems in counties of 550,000 or more; local
constitutional amendment continued ..................................4832
LIENS
Hospitals and nursing homes................................222
LIMITED EDITION REPRODUCTIONS OF ART I
Deceptive practices; warranties
635
CXXII
INDEX
LINCOLN COUNTY
Board of commissioners; composition; elections; terms; districts; county
attorney; meetings .................................................3653
Board of education; elections; districts; vacancies; referendum........3661
Tax commissioner; compensation; expenses ...............................4478
Tri-County Water Authority created .....................................5318
LIVING WILLS
Effectiveness; forms.....................................................445
LOCAL GOVERNMENT
Animal shelters; regulation and licensing ...............................628
Audits; acceptance of audits which meet the requirements of the federal
Single Audit Act of 1984 .......................................... 758
Blasting or excavating..................................................1069
Building permits; septic tanks; county boards of health; regulations ..227
Clerks of the superior courts; minimum annual salaries ................833
Code revision ............................................................10
Counties; abandoned wells or holes ......................................922
Counties; business and occupational license taxes and fees in unincorporated
areas ..............................................................1586
Counties; civil service systems..........................................764
Counties; law clerks for superior courts; payments to counties ........1488
Counties; single commissioners; minimum annual salaries .................347
County and independent school superintendents; qualifications............800
County boards of health; membership.....................................1242
County boards of tax assessors; size of boards..........................1322
County commissioners; vacancies; judges of the probate courts .........328
County surveyors; private practice without a license prohibited;
exceptions...........................................................888
County tax receivers, tax collectors, and tax commissioners; qualifications ... 495
County tax receivers; tax collectors; and tax commissioners; vacancies.1229
Development districts; ad valorem tax incentives........................1625
Emergency medical services..............................................1321
Fire departments; abstracts of driving records of applicants for
employment ..........................................................514
Fire departments; criminal histories of applicants for employment .....513
Georgia Allocation Plan; repeal upon certain events......................344
Georgia Environmental Facilities Authority ..............................569
Governmental reorganization; repeal of municipal charters; local laws..1080
Grand juries; duties; inspections .......................................306
Hospitals owned by political subdivisions or hospital authorities; sales; use
of proceeds; indigent care...........................................744
Joint city-county boards of tax assessors in counties having a city of 300,000
or more; local constitutional amendment continued...................4456
Joint purchase of insurance; joint self-insurance programs; interlocal risk
management agencies ............................................... 1496
Judges of the probate courts; qualifications; vacancies; chief clerks .1581
Law enforcement agencies; missing children ..............................659
INDEX
CXXIII
Law enforcement agencies; reports; controlled substances................451
Local government investment pools; bodies created for a public purpose..205
Local officials; disclosure of interests in property to be rezoned......1269
Local retirement systems; investment of assets .........................1240
Magistrate courts providing municipal court services; contracts ........787
Municipal courts; creation and jurisdiction ............................784
Municipalities; annexation; 60 percent method; municipalities having
independent school systems; procedures...............................284
Municipalities; cities of not less than 400,000; contracts; downtown
development areas; urban redevelopment areas.........................841
Municipalities; sovereign immunity; public policy; waiver; insurance ...1312
Ordinances; water quality................................................350
Public property; causes of action; proceedings; judicial relief ........316
Public works contracts; counties of 550,000 or more ....................309
Repair, closing, or demolition of buildings and structures by municipalities;
procedure ..........................................................1508
Retirement and pension systems; military service........................1233
Road or street authorities; referendum required to create or amend
laws ...............................................................1628
Sheriffs; minimum annual salaries........................................837
State inmates housed in county institutions; emergency medical costs ...493
Suspension and vacancies in offices of public officials; indictment;
compensation.........................................................600
Traffic courts in cities of more than 300,000; senior judges ...........455
Urban Residential Finance Authorities Act for Large Municipalities (400,000
or more); powers ....................................................947
Vacancies in public office; resignations; procedures; elections..........996
Water and sewerage facilities; state loans .............................1612
Zoning; disclosure of interests in property by public officials; disclosure of .. 1269
LOST MOUNTAIN SCENIC HIGHWAY..................................................535
LOTTERIES
Promotional giveaways and contests .....................................1313
LOWERY, SR., R. SIDNEY, MEMORIAL BRIDGE ......................................518
LOWNDES COUNTY
Conveyance of state property to the board of commissioners .............551
LUMPKIN COUNTY
Staggered motor vehicle registration periods............................5605
Superior court; additional judge ........................................160
LYONS, CITY OF
Recorders court; appeals; certiorari
4795
CXXIV
INDEX
M
MACON, CITY
Bibb County; consolidation of tax assessments and collection; local
constitutional amendment continued .............................5533
Fire and police employees retirement system; contributions ........5764
Fire and police employees retirement system; normal and delayed
retirement dates................................................5727
Macon-Bibb County Board of Health; local constitutional amendment
continued ......................................................4682
Macon-Bibb County Industrial Authority; local constitutional amendment
continued ......................................................4685
Macon-Bibb County Transit Authority; board members; insurance;
immunity .................................................... 4601
Macon-Bibb County Urban Development Authority; local constitutional
amendment continued.............................................4698
Mayors veto........................................................5744
Municipal court; standby substitute judges; compensation of judges..5739
Pensions and retirement system; contributions.......................5771
Pensions and retirement system; exclusions from participation.......5731
Preferential city tax assessments for revitalized or rehabilitated residential
property; local constitutional amendment continued .............5002
Redevelopment powers; referendum....................................5038
Zoning and planning; local constitutional amendment continued ......5308
MACON-BIBB COUNTY INDUSTRIAL AUTHORITY-H
Local constitutional amendment continued ...........................4685
MACON-BIBB COUNTY TRANSIT AUTHORITY-^
Board members; medical or hospitalization insurance; immunity ......4601
MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...........................4698
MACON JUNIOR COLLEGE
Motor vehicle license plates ........................................223
MAGISTRATE COURTS
Constables; minimum age .............................................198
Costs and jail fees; assessment at committal hearings; unfounded and
malicious complaints ............................................282
Municipal court services; contracts..................................787
Prejudgment attachment; default judgments; appeals; executions; clerks;
qualifications, powers, and duties...............................701
MAPS
Secretary of State; printing and distribution
1608
INDEX
CXXV
MARIETTA, CITY OF
Board of lights and water works; local constitutional amendment
continued ....................................................4059
Bonded indebtedness for educational purposes; local constitutional
amendment continued......................................... 4406
Civil service board and clerk; compensation ......................5805
Civil service; fire and police departments........................5832
Cobb County-Marietta Water Authority; bonding limits; compensation;
vacancies; bids...............................................5296
Cobb-Marietta Coliseum and Exhibit Hall Authority; members; meetings .. 5549
Combined water, sewerage, and electric systems; bonds; local constitutional
amendment continued...................................... 5509
Corporate limits; deannexation...............................3959, 4948
Council; qualifications; municipal court; probation office .......5068
Downtown Marietta Development Authority; district.................5515
Downtown Marietta Development Authority; local constitutional
amendment continued...........................................4503
Homestead exemption; referendum .............................. 5043
Mayor and council; salary and expense allowance...................5783
Municipal court; penalties .......................................5812
Penalties for violations of charter ..............................5809
MARINE MEMBERSHIPS
Forms; cancellation................................................405
MARION COUNTY
Board of commissioners; elections; districts; terms; referendum...5558
Board of education; elections; referendum ........................5023
MARSHALLVILLE, TOWN OF
Mayors or recorders court; fines ............................. 3879
McDuffie county
Tri-County Water Authority created ...............................5318
McGILL, SAM P., EXHIBITION BUILDING ...................................1197
MEDICAL ASSISTANCE
Modification of state plan; nursing homes; rates...................486
MENTAL HEALTH
Administration of mental health, mental retardation, substance abuse, and
other disability services; councils; plans....................1213
Appeals from probate courts .......................................982
CXXVI
INDEX
Department of Human Resources; Division of Mental Health, Mental
Retardation, and Substance Abuse created; councils............1213
Mentally retarded persons requiring temporary and immediate care;
custody; examinations; discharge; procedures; program plans ..1092
Outpatient treatment for mentally ill persons, alcoholics, drug dependent
individuals, and drug abusers; procedures.....................1098
Privileged communications; clergy; medical information .........1277
Psychologists; State Board of Examiners of Psychologists; licenses;
examinations ...................... >................;........473
MERCER UNIVERSITY
Motor vehicle license plates ....................................223
MERIWETHER COUNTY
Board of education; school superintendent; local constitutional amendment
continued ............................................... 3838
Meriwether County Development Authority; local constitutional amendment
continued ............................................. 3840
MERIWETHER COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ........................3840
METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS
Regional public projects; debt; taxation; operating expenses.....1049
METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE
Date for repeal of resolution ...................................457
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY
Group insurance and retirement plans; collective bargaining; arbitration . .3756
Transit operating revenue; income from leases....................4115
METROPOLITAN RIVERS PROTECTION ACT
Rules and regulations; practices and procedures; appeals .........321
METTER, CITY OF
Metter-Candler County Airport Authority created................ 4638
METTER-CANDLER COUNTY AIRPORT AUTHORITY
Creation.........................................................4638
MICROFORMS
Standards; liability.............................................1154
INDEX
CXXVII
MILEAGE AND TRAVEL EXPENSES
State officials and employees ....................................356
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
Disabled veterans; homestead exemption ...........................1445
Former prisoners of war; motor vehicle license plates for spouses.626
Georgia National Guard; educational loans ........................499
Military service credit under state or local retirement systems...1233
Selective Service System; registration required for student loans and
educational assistance.......................................759
MILLEDGEVILLE, CITY OF
Corporate limits............................................... 3945
MILLER COUNTY
Board of education; districts...................................3917
State court; judge and solicitor; salary .......................3921
MINORS
Anatomical gifts; procedures ....................................645
Credit union deposits .......................................... 458
Interstate interference with custody ...........................1325
MISSING CHILDREN INFORMATION CENTER
Creation; duties of local law enforcement agencies ..............659
MITCHELL COUNTY
School superintendent; appointment; referendum .................3892
MODEL ROCKETS ........................................................798
MODULAR OR SECTIONAL HOUSING UNITS
Permits for transportation ......................................655
MONROE COUNTY
Grand jury; arbitration of disputes relating to county matters; local
constitutional amendment continued .........................4150
Monroe County Industrial Development Authority; local constitutional
amendment continued.........................................4584
MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued
4584
CXXVIII
INDEX
MOREHOUSE COLLEGE
Motor vehicle license plates ............................................223
MORGAN COUNTY
Business and occupational license taxes .................................4163
MORRIS BROWN COLLEGE
Motor vehicle license plates ...........................................850
MOTOR CARRIERS
Regulation; contracts; permits; records ...............................1283
MOTOR COMMON CARRIERS AND MOTOR CONTRACT CARRIERS
Public Service Commission approval for issuance of stocks, bonds, or debt;
exemption........................................................ 1518
MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM
Administration; instructor training course; effective dates.............181
MOTOR VEHICLES AND TRAFFIC
Appeals from certain probate courts ....................................982
Code revision ...........................................................10
Certificates of title; applications; signatures of dealers; oaths; time periods .. 438
Certificates of title; transfer under a will; procedures.................281
Deposit of drivers license in lieu of bail or incarceration; reinstatement;
restoration fees .................................................1607
"Driver educational motor vehicle redefined for ad valorem tax purposes .. 180
Driver training schools; renewal of licenses............................823
Drivers licenses and driver training schools; cross-references in laws .839
Drivers licenses; records; dissemination to the Georgia Crime Information
Center and the Department of Human Resources; child support
payment recovery................................................. 156
Drivers licenses; suspension for failure to respond to citations;
reinstatement; payment of fines and restoration fee.................184
Dumping wastes into public storm or sanitary sewers without permission;
contraband ........................................................780
Emission inspections; dates; initial inspections.......................1061
Identification cards for persons without drivers licenses; applicants under
21 to be issued distinctive cards .................................395
Law enforcement vehicles; marking; lights; disposal; personal use .......802
License plates; certified firefighters........................*..........427
License plates; county name decals; fees for duplicate registration
certificates; amateur radio operators; General Assembly plates....1333
License plates; Georgia Southern College, West Georgia College, and Albany
State College ................................................... 852
INDEX
CXXIX
License plates; Georgia State University and Morris Brown College......850
License plates; former prisoners of war; spouses...................... 626
License plates; Fort Valley State College .............................288
License plates; Georgia Institute of Technology .......................211
License plates; Morehouse College; Mercer University; Macon Junior College;
Valdosta State College ................................................ 223
License plates; Savannah State College.....................................290
License plates; staggered registration and licensing of vehicles ..........1053
License plates; University of Georgia bicentennial.........................312
License plates; Wesleyan College ..........................................201
License plates; Young Harris College.......................................275
Lights on wreckers and vehicles towed by wreckers .........................1185
Motorcycle operator safety training program ...............................181
Motor vehicle liability insurance; uninsured and underinsured motorist
coverage .................*&iJ........................................394
Motor vehicle size and weight limits; vehicles transporting |iay bales ....471
Passing a stopped school bus; reports by bus driver; enforcement...........819
School bus exhaust system requirements ....................................501
Stolen motor vehicles; return to owners ...................................158
Superior courts; clerks; fees and costs; forwarding records of conviction .... 1002
Traffic offenses; challenges to final convictions; time limits for filing .444
Trucks; alteration of suspension systems; limitations; penalties...........1210
Trucks and truck tractors; display of owners or lessees name and address .. 946
Uniform rules of the road; enforcement on private property which fronts
on coastal marshlands or estuarine areas; notices.....................834
Used motor vehicle dismantlers, rebuilders, and salvage dealers; definitions;
out-of-state buyers cards .......................................465
Wreckers and vehicles towed by wreckers; lights.......................1185
MOULTRIE, CITY OF
Corporate limits; qualifications of councilmen; voting in zoning matters---4604
MOUNTAIN JUDICIAL CIRCUIT
District attorneys investigator; compensation........................5493
Terms of court ...................................................... 1526
MOUNTVILLE, TOWN OF
Mountville Water Authority; revenue bonds.............................4764
MOUNTVILLE WATER AUTHORITY
Revenue bonds.........................................................4764
Service area; revenue bonds...........................................3531
MUNICIPAL CORPORATIONS
Annexation by municipalities having independent school systems ........284
Cities of 150,000 pr more; street improvement bonds; local constitutional
amendment continued..............................................4808
cxxx
INDEX
Cities of 300,000 or more; joint city-county boards of tax assessors; local
constitutional amendment continued ..................................4456
Cities of more than 300,000; courts; local constitutional amendment
continued .......................................................... 4820
Cities of more than 300,000; traffic courts; senior judges ..............455
Cities of more than 400,000; demolition of buildings on private premises;
local constitutional amendment continued ............................4566
Cities of not less than 400,000; contracts; downtown development areas;
urban redevelopment areas ......................................... 841
Distilled spirits; manufacture, sale, or distribution ...................1083
Emergency medical services............................................. 1321
Governmental reorganization............................................. 1080
Joint purchase of insurance by municipalities and counties; joint self-
insurance programs.............................................:.... 1496
Municipal courts; creation and jurisdiction ..............................784
Municipal court services; magistrate courts; contracts ..................787
Municipal officers; vacancies; resignations; procedures ..................996
Repair, closing, or demolition of buildings and structures by municipalities;
procedure ........................................................ 1508
Retirement and pension systems; military service.........:. so..........1233
Retirement systems; investment of assets............................... 1240
School superintendents; qualifications ................................. 800
Sovereign immunity; public policy; waiver; insurance.....................1312
Zoning; disclosure by public officials................................. 1269
MUSCOGEE COUNTY
Ad valorem taxation of personal property in transit or stored; local
constitutional amendment continued ..................................3803
Advisory referendum on school board elections .......................... 3927
Appropriations for advertising and promotion; local constitutional
amendment continued .................................................3788
Assistant district attorneys.............................................4793
Charter review commission; local constitutional amendment continued .... 3805
Columbus Airport Commission; local constitutional amendment continued . 3776
Columbus Building Authority; local constitutional amendment continued .. 3778
Columbus-Muscogee County Port Development Commission; local
constitutional amendment continued ..................................3780
Consolidation of city and county governments; local constitutional
amendment continued..................................................3784
Health department; local constitutional amendment continued........I.....3774
Homestead exemptions; local constitutional amendment continued ... 3796, 3798
Muscogee County and Columbus, Georgia; merger of school systems; local
constitutional amendment continued ..................................3772
Muscogee County Industrial Development Authority; local constitutional
amendment continued............................................... 3782
Revenue bonds; local constitutional amendment continued..................3790
School district; homestead exemptions; local constitutional amendment
continued......................................................3792, 3794
School district; museums; art galleries; art centers ....................3842
School superintendent; emergency contracts ........................... 3844
Staggered motor vehicle registration periods........................... 5614
INDEX
CXXXI
Street improvement bonds; local constitutional amendment continued .3786
Valuation of homestead property; local constitutional amendment
continued .....................................................3800
MUSCOGEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...........................3782
N
NAIL, WYMAN, JR. AND RHONDA
Compensation................................................... 519
NATIONAL GUARD
Educational loans ................................................ 499
NETTLES, MR. M. C.
Compensation.......................................................525
NEWINGTON, TOWN OF
Mayors or recorders court; penalties ...........................5776
NEWMAN, COLONEL MANCELBRIDGE DESIGNATED ...............................533
NEWTON COUNTY
Board of education; chairman ..................................4211
Business licenses; sports activities; taxes; local constitutional amendment
continued ....................................................3908
Ordinances; enforcement; local constitutional amendment continued.4468
Sewerage, water, sanitation, garbage collection, landfill, and fire districts;
local constitutional amendment continued .....................4571
Tax assessments, levies, bills, notices, and payments; local constitutional
amendment continued...........................................4568
NEWTON, LOUIE DEVOTIE
Portrait placed in state capitol .................................1199
NORTHEASTERN JUDICIAL CIRCUIT
Additional judge...................................................160
NOTARIES PUBLIC
Probate of wills; acknowledgements of service .....................436
NUISANCES
Code revision
10
CXXXII
INDEX
Repair, closing, or demolition of buildings and structures by municipalities;
procedure ...................................................1508
NUNEZ, CITY OF
New charter ................................................... 5195
NURSING HOME ADMINISTRATORS .
State Board of Nursing Home Administrators; removal of members; powers;
licenses; termination date.....................................846
NURSING HOMES
Liens.............................................................222
Medicaid patients; rates..........................................486
Medical records; subpoenas; release to coroners in other states.1594
O
OATHS
Public officers; additional oath..................................168
OCONEE COUNTY
Board of education; local constitutional amendment continued ....4562
Oconee County Public Utility Authority...........................4123
Treasurers office abolished; judge of the probate court; duties.3895
OCONEE COUNTY PUBLIC UTILITY AUTHORITY
Name changed; members; compensation; liability ..................4123
OFFICE OF PLANNING AND BUDGET
Hospital authority audits ....................................... 489
OFFICE SUPPLY TRANSACTIONS
Unfair or deceptive acts ........................................1046
OFFICIAL CODE OF GEORGIA ANNOTATED
Code revision and reenactment .....................................10
Title 21, elections; Code revision..............................32
Title 47, retirement and pensions; Code revision ...............30
OGLETHORPE COUNTY
Board of commissioners created ..................................3586
Board of education; elections; referendum .......................3568
INDEX
CXXXIII
Oglethorpe County Development Authority; local constitutional amendment
continued ................................................ 3852
OGLETHORPE COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued .....................3852
ONIONS
Vidalia Onion Act of 1986 .......................................3
ORGANS
Anatomical gifts; procedures; minors; irrevocability at death; purchase or
sale........................................................645
OXYGEN
Sales and use tax exemption ..................................1467
P
PARENT AND CHILD
Termination of parental rights ............................. 1017
PAULDING COUNTY
Paulding County Industrial Building Authority; local constitutional
amendment continued........................................5690
School superintendent; appointment; referendum ...............4335
PAULDING COUNTY INDUSTRIAL BUILDING AUTHORITY '
Local constitutional amendment continued .....................5690
PEACE OFFICERS
Impersonation ................................................. 1059
See "Law Enforcement Officers and Agencies
PEACE OFFICERS ANNUITY AND BENEFIT FUND
Retirement and disability benefits ............................609
PEACE OFFICER STANDARDS AND TRAINING COUNCIU-
Training; reports.............................................1204
PEACH COUNTY
Peach County Water and Sewerage Authority; creation
4663
CXXXIV
INDEX
PEACH COUNTY WATER AND SEWERAGE AUTHORITY
Creation...............................................................4663
PELHAM, CITY OF
Board of education; elections; terms; composition; referendum...........3648
Mayor and council; elections; districts; terms .........................3644
PENAL INSTITUTIONS
Arrests; preventing escapes; use of force...............................490
Board of Corrections; expenses of members ..............................179
Commissioner of corrections; membership on the Claims Advisory Board .... 155
Emergency medical costs; state inmates housed in county institutions ...493
Employees; deputizing; wardens, superintendents, and commissioner of
corrections; powers................................................1170
Employees of the Department of Corrections or State Board of Pardons and
Paroles; injuries in the line of duty; compensation.................1491
First offenders; adjudication of guilt; review of criminal records by judges ... 218
First offenders; probation; entries by clerk on criminal dockets; form .442
Habeas corpus and nonjury proceedings in counties in which county
correctional institutions or jails are located .....................318
Medical expenses; educational programs; pardons and paroles............1596
Pardons and paroles; participation in educational programs.............1596
Prison guards; indemnification; death or permanent disability .........1627
Probation of first offenders; entries by clerk on criminal dockets and other
records; form ......................................................442
Resisting, obstructing, or opposing a prison guard, correctional officer,
probation supervisor, or parole supervisor..........................484
Tolling of sentences when the running of a probated sentence is suspended;
revocation of probation without notice..............................492
PERRY, CITY OF
City of Perry Industrial Building Authority; local constitutional amendment
continued .........................................................4194
Redevelopment powers; referendum.......................................4196
PERSONAL CARE HOMES
Criminal records checks; fees...........................................822
Criminal records checks of employees; immunity from liability of county
boards of health ...................................................509
PET DEALERS
Regulation and licensing................................................628
PETERS, PHIL, BUILDING
534
INDEX
CXXXV
PETROLEUM PRODUCTS
Below Cost Sales Act; attorney fees and costs; punitive damages..326
PHARMACISTS
Continuing pharmaceutical education requirements; pharmacy intern
licenses ................................................... 1603
Prohibited purchases; penalties..................................929
PHYSICAL THERAPISTS
Licenses; examinations...........................................812
PICKENS COUNTY
Commissioner; compensation .................................... 4381
Terms of superior court .........................................230
PIEDMONT JUDICIAL CIRCUIT
Additional judge............................................... 163
PIKE COUNTY
Pike County Recreation Authority; creation .....................4070
PIKE COUNTY RECREATION AUTHORITY
Creation.................................................... 4070
PILOTS
State; employees of Department of Transportation; mandatory retirement
age .........................................................338
PISTOLS
Licenses to carry; fees ....................................... 305
PILOTS
Ships pilots....................................................482
Licenses to carry; residency requirements .......................481
Retired peace officers; carrying pistols in publicly owned or operated
buildings ...................................................673
Theft of a firearm; penalties................................. 1228
PODIATRISTS
Dispensing controlled substances
1031
CXXXVI
INDEX
POLK COUNTY
Staggered motor vehicle registration periods; referendum.......5633
Tax commissioner; compensation ....................................4788
POOLER, CITY OF
Corporate limits; referendum.......................................5592
POOLER, TOWN OF
Name changed to "City of Pooler ..............................5736
POSITIVE EMPLOYMENT AND COMMUNITY HELP (PEACH) PROGRAM
Establishment; aid to families with dependent children..............410
POWDER SPRINGS, CITY OF
Powder Springs Downtown Development Authority; local constitutional
amendment continued.............................................4513
POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY-^
Local constitutional amendment continued ..........................4513
PREGNANCY
Posting of warnings on consumption of alcohol during pregnancy.618
PREJUDGMENT ATTACHIVpSNT
Magistrate courts may not grant..,..................................701
PRESIDENTIAL PREFERENCE PRIMARY-gS
Date................................................................220
PRISONERS OF WAR
Motor vehicle license plates for spouses ......................626
PRIVATE DETECTIVES AND SECURITY AGENCIES
Licenses; enforcement; liability insurance .........................751
PROBATE COURTS
Counties of more than 150,000; practice and procedures; jury trials; appeals
to the Court of Appeals and Supreme Court; new trials ......982
Judges; qualifications; vacancies; chief clerks ...............1581
Judges; vacancies in office of county commissioner ............328
Probate of wills; acknowledgements of service; attestation required.436
INDEX
CXXXVII
PROBATION
Revocation without notice; tolling of sentences............................492
PROFESSIONS AND BUSINESSES
Architects; State Board of Architects; membership; cease and desist orders;
civil penalties; judicial review......................................434
Asbestos removal and encapsulating; licensing of contractors ..............1157
Attorneys; admission to practice; fingerprints; criminal records checks....279
Barbers; cosmetology examifiations .........................................843
Barbers; work permits; cosmetologists; licenses; termination ...............766
Campground and marine memberships...........................................405
Chiropractors; educational requirements; schools or colleges in foreign
countries..............?..............................................831
Chiropractors; scope of practice; standard of care; torts..................1534
Code revision ...............................................................10
Cosmetologists; examinations; barbers.......................................843
Dental hygienists; powers ..................................................828
Dentists; dispensing drugs and controlled substances; conditions...........1031
Driver training schools and drivers licenses; cross-references in laws ....839
Driver training schools; renewal of licenses ..............................823
Engaging in a profession or business without a license; sanctions; cease and
desist orders; penalties; venue.......................................1155
Funeral directors; dead bodies; notices of infectious of communicable
diseases .............................................................1513
"Georgia Occupational Regulation Review Law; enactment; review of
proposed legislation licensing or certifying a profession or business.803
Innkeepers; notices of termination of occupancy ....................... 1212
Landscape architects; licenses; applications; certificates; penalties; board .... 430
Land surveying; county surveyors prohibited from private practice without
a license; exceptions..................................................888
Medicine; breast cancer booklet.............................................304
Medicine; dead bodies; notices of infectious or communicable diseases to
accompany bodies......................................................1513
Nursing home administrators ................................................846
Office supply transactions.................................................1046
Pharmacists; continuing pharmaceutical education requirements; pharmacy
intern licenses...................................................... 1603
Pharmacists; purchases of drugs from certain wholesalers prohibited;
penalties ........................................................... 929
Physical therapists; State Board of Physical Therapy; members; powers;
licenses; examinations.................................................812
Physicians; dispensing controlled substances and drugs; Conditions ........1031
Podiatrists; dispensing drugs and controlled substances; conditions .......1031
Private detectives and security agencies; licenses; liability insurance;
enforcement............................................................751
Professional fund raisers and solicitors; charitable organizations;
registration fees; reports; names.....................................1465
Psychologists; State Board of Examiners of Psychologists; licenses .........473
Real estate brokers and salespersons........................................364
CXXXVIII
INDEX
"Respiratory Care Practices Act; enactment ..............................264
Road houses, dance halls, etc.; inspections ..............................449
Taxidermists; mounting and sale of furbearers, deer, and squirrel ........485
Used motor vehicle dismantlers, rebuilders, and salvage dealers; definitions;
out-of-state buyers cards ............ .............................465
Wreckers; lights on wreckers and towed vehicles...........................1185
Veterinarians; dispensing drugs and controlled substances; conditions ....1031
PROPERTY
Abandoned wells or holes; abatement of hazards; costs; county work crews .. 922
Agricultural property; preferential ad valorem tax assessment; penalties__820
Anatomical gifts; procedures; individuals under 18; irrevocability at death;
purchase or sale of human bodies or parts thereof.....................645
Asbestos removal and encapsulating; licensing of contractors; inspections .. 1157
Blasting or excavating....................................................1069
Cemeteries; regulation; employees; new nonperpetual care cemeteries
prohibited; escrow accounts...........................................1468
Code revision ............................................................ 10
Condominiums; documents; requirements for copies .........................942
Deeds to secure debt and instruments evidencing debt; satisfaction and
cancellation; recording; costs; forms; liability and duties of clerks of
superior courts ............................I.........................754
Defense of a habitation; tort immunity....................................515
Georgia Time-Share Act; promotional giveaways and contests . .............1313
Historic preservation; powers and duties of the Department of Natural
Resources ............... sJ.................................>.....jj_399
Homeowner warranty agreements; insurers ..................................1237
Innkeepers; notices of termination of occupancy ..........................1212
Liens of hospitals and nursing homes; time between injury and care
immaterial ...........................................................222
Money of an intestate decedent; savings account deposits required.........887
Notarial acts, certifications, and seals; recording of documents; deeds;
dispossessory warrants and affidavits ................................1446
Obstructions of private ways; appeals ....................................982
Public property; causes of action; proceedings; judicial relief ..........316
Real estate brokers and salespersons; contracts; licenses; trust and escrow
accounts ............................................................ 364
Recording affidavits; fees of clerks of the superior courts ............1002
Repair, closing, or demolition of buildings and structures by municipalities;
procedure .......................................................... 1508
School property; leases ........................................'......... 38
Septic tanks; building permits.......................................... 227
State Commission on the Condemnation of Public Property; eminent domain
.................................................a*.....................1187
State-owned personal property; inventory................................. 826
State real property inventory............................................ 1483
Surveyors; private practice by county surveyors.......................... 888
Years support; rights of redemption of property set aside ...... ......1272
Zoning; disclosure of interests of local officials in property; disclosure of
gifts and contributions ............................................ 1269
INDEX
CXXXIX
PROSECUTING ATTORNEYS COUNCIL
Training; reports......................................................1204
PSYCHOLOGISTS
State Board of Examiners of Psychologists; licenses; examinations; name
change.............................................................473
PUBLIC OFFICERS AND EMPLOYEES
Asbestos and hazardous material abatement or removal from state property;
insurance and self-insurance.......................................150
Assistant administration floor leaders of the House of Representatives;
compensation.......................................................311
Assistant district attorneys; compensation; LL.M. degrees...............203
Bail bond business; officers of the court, law enforcement officers, and
attorneys prohibited...............................................303
Board of Corrections; expenses of members ..............................179
Clerks of the superior courts; minimum annual salaries ................833
Code revision .................................................1.......10
Comptroller General; references in retirement laws changed to
Commissioner of Insurance .........................................999
Comptroller General; title changed to Commissioner of Insurance in certain
Code sections .....................................................855
Constables of magistrate courts; minimum age......................... 198
Constitutional Officers Election Board; recounts........................382
Consumers utility counsel; date for abolition of office ................. 283
Coroners; release of medical records to coroners of other states; subpoenas;
confidential information; costs ..................................1594
County and independent school superintendents; qualifications...........800
County civil service systems............................................764
County commissioners; minimum annual salaries for single-member
commissioners .....................................................347
County commissioners; vacancies; judges of the probate courts ..........328
County tax collectors and tax commissioners; annual training requirements;
removal from office............................................I 502
County tax receivers, tax collectors, and tax commissioners; qualifications ... 495
County tax receivers, tax collectors, and tax commissioners; vacancies.1229
Day care centers for state employees; capitol hill pilot program ......1489
Emergency medical technicians; indemnification; death or permanent
disability ................................ ................1622, 1627
Employees of the Department of Corrections or State Board of Pardons and
Paroles; law enforcement officers and firemen employed by the state;
injuries in the line of duty; compensation....................... 1491
"Ethics in Government Act enacted; State Ethics Commission created ...957
Firemen; indemnification ............................................ 1478
General Assembly; air travel; reimbursement of members .................314
Governor; federal grant programs; agreements with other states ........178
Judges; suspension from office; compensation; reinstatement; replacement
judges............................................................1619
Judges of the probate courts; qualifications; vacancies; chief clerks .1581
CXL
INDEX
Local officials; disclosure of interests in property to be rezoned; disclosure
of gifts and contributions ........................................1269
Mileage and travel expenses of state officials and employees ..........356
Notaries public; requirements for notarial acts and certifications;
applications for commissions; seals; recording of documents; attachment
and garnishment; dispossessory warrants and affidavits; deeds......1446
Oaths .................................................................168
Public officials; suspension or vacancy; indictment by the United States;
compensation........................................................600
Public school employees; health insurance..............................1601
School food service personnel; sick leave...............................924
Secretary of State; maps; local Acts requiring a referendum or special
election ..........................................................1608
Sheriffs; minimum annual salaries.......................................837
State auditor; compensation............................................877
State courts; solicitors; residency requirements.......................171
State Merit System of Personnel Administration; interdepartmental
transfers; working test; definitions................................469
Suspension of state public officials upon indictment; compensation;
reinstatement; vacancies.......................................... 1614
Vacancies; procedure for filling; elections; resignations of members of
Congress and state, county, and municipal officers ................996
PUBLIC PROPERTY
Bad debts; write offs by state agencies.................................506
PUBLIC RECORDS
Microform standards ...................................................1154
Veterinary care .......................................................1090
PUBLIC SCHOOL DISCIPLINARY TRIBUNALS
Children in kindergarten through primary grade 3.......................1079
PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM
School food service personnel; sick leave...............................924
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION
Blasting or excavating near underground facilities or utilities........1069
Consumers utility counsel; date for abolition of office ..............283
Motor carriers; regulation; contracts; permits; records ............. 1283
Motor common carriers and motor contract carriers; approval of the Public
Service Commission to issue stock, bonds, or debt; exemption.......1518
Railroads and electric companies; venue of actions ....................37
Railroads; special officers; qualifications ......................... 308
Trucks and truck tractors; display of name and domicile of owner or
lessee
946
INDEX
CXLI
PULASKI COUNTY
Deputy sheriffs; salary; number of deputies....................3850
PULASKI DEVELOPMENT COMPANY, INC.
Conveyance of state property...................................547
PUTNAM COUNTY
Board of education; compensation and per diem..................4525
Magistrate court; chief magistrate and clerk; compensation.....3953
Q
QUALITY BASIC EDUCATION ACT
School bus drivers; minimum salary ............................880
QUITMAN COUNTY
Clerk of the superior court placed on an annual salary........4545
Quitman County Industrial Development Authority; local constitutional
amendment continued.......................................3857
QUITMAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued .....................3857
R
RABUN COUNTY
Board of commissioners; chairman..............................5004
District attorney; investigator; compensation ................ 5493
Superior court; terms.........................................1526
RACCOON FUR SELLERS LICENSE FEE ...................................194
RAILROADS
Special officers; qualifications IR............................308
Venue of actions ..............................................37
RANDOLPH COUNTY
Board of commissioners; re-creation; elections................3624
Randolph County Development Authority; local constitutional amendment
continued ................................................3855
RANDOLPH COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued
3855
CXLII
INDEX
REAL ESTATE BROKERS AND SALESPERSONS
Licenses; hearings; notices; trust and escrow accounts; contracts.364
REAVES, HENRY L., ARENA..............................................1198
RECORDED MATERIAL
Criminal reproduction and sale; videotape; visual images; masters.652
RECORDS
Microform standards .............................................1154
Veterinary care .................................................1090
REGISTER, TOWN OF
Town boundaries; election of mayor and council ..................4607
"RESPIRATORY CARE PRACTICES ACT
Enactment...................................................... 264
RESTITUTION ORDERS
Use urged in cases of child abuse or sexual abuse.................1203
RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT
Fees for bad checks, drafts, or orders............................207
RETIRED TEACHERS DAY ............................................... 619
RETIREMENT AND PENSIONS
Code revision .....................................................30
Comptroller General; references in retirement laws changed to
Commissioner of Insurance ....................................999
Employees Retirement System of Georgia; certain certified professional
personnel of the State Board of Education or State Department of
Education; membership .......................................1543
Employees Retirement System of Georgia; county probation system
employees....................................................1266
Employees Retirement System of Georgia; juvenile detention facility
employees.......................................... 1550
Employees Retirement System of Georgia; military service; certain laws
not repealed by implication..................................1233
Employees Retirement System of Georgia; secretaries of superior court
judges and district attorneys; creditable service............1250
Employees Retirement System of Georgia; Justices of the Supreme Court;
Judges of the Court of Appeals...............................1329
INDEX
CXLIII
Georgia Legislative Retirement System; employee contributions; service
retirement allowance...............................................1255
Judges of the Probate Courts Retirement Fund of Georgia; retirement and
disability benefits .........................................1.....1249
Judges of the Probate Courts Retirement Fund of Georgia; time for making
payments to the fund ..............................................1494
Local retirement systems; investment of assets ........................ 1240
Military service as creditable service under any state or local retirement
system ............................................................1233
Peace Officers Annuity and Benefit Fund; retirement and disability
benefits ...........................................................609
Pilots employed by the Department of Transportation; mandatory retirement
age ................................................................338
Sheriffs Retirement Fund of Georgia; death benefits ....:..............607
Sheriffs Retirement Fund of Georgia; fees in state courts and magistrate
courts; retirement benefits; partial years service ............... 604
Superior Court Clerks Retirement Fund of Georgia; retirement benefits for
clerks and their spouses .......................................... 1252
Superior Court Judges Retirement System; calculation of spouses benefits
upon death of a member ........................................... 1265
Superior Court Judges Retirement System; cost-of-living adjustments;
surviving spouses ..............................................; 1257
Superior Court Judges Retirement System; retirement age; spouses
benefits ..........................................................1326
Teachers Retirement System of Georgia; average compensation ............1262
. Teachers Retirement System of Georgia; certain certified professional
personnel of the State Board of Education or State Department of
Education; membership ........................................... 1543
Teachers Retirement System of Georgia; creditable service; absence because
of pregnancy ...........................................1..........1536
Teachers Retirement System of Georgia; creditable service for certain prior
teaching service .............................................. ...1531
Teachers Retirement System of Georgia; credit for certain military service . 1552
Teachers Retirement System of Georgia; employer contributions; local units
of administration; State Board of Education.........................375
Teachers Retirement System of Georgia; membership of former members
of the Employees Retirement System of Georgia; withdrawal of
contributions .....................................................1258
Teachers Retirement System of Georgia; reinstatement of membership -----1547
Teachers Retirement System of Georgia; minimum retirement allowance;
retirement under local retirement systems; cost-of-living increase.620
REVENUE AND TAXATION
Ad valorem tax; agricultural property; preferential assessment; alternative
tax penalty .......................................................... 820
Ad valorem tax; appeals of assessments; notices of appeal...............419
Ad valorem tax; approval of tax digest; property on appeal; confidentiality
of taxpayer materials ....................:........................747
Ad valorem tax; development districts ..................................1625
Ad valorem tax; exemption of certain tangible personal property with a
fair market value not exceeding $500.00; referendum ...............878
CXLIV
INDEX
Ad valorem tax; homestead exemption for disabled veterans and their
families .......................................................... 1445
Ad valorem tax; motor vehicles; "driver educational motor vehicle
redefined............................................................180
Ad valorem tax; penalties for failure to pay; exemptions................1322
Checks or money orders for payment of taxes; counties of 550,000 or more
and municipalities therein...........................................274
Cigars; excise tax rate .................................................468
Code revision ...........................................................10
County business and occupational license taxes and fees in unincorporated
areas ..............................................................1586
Development districts; promotion of commercial and industrial development;
ad valorem tax incentives ..........................................1625
Estate planning tax-motivated dispositions of a wards property by a
guardian ............................................................684
Excise tax rate on cigars................................................468
Income tax; dependent care assistance ...................................749
Income tax; retirement income; notices of changes in federal net income;
penalties ..........................................................1480
Income tax; setoff debt collection; claimant agencies; priority; student
loans................................................................825
Intangible personal property tax; property held in a foreign country incident
to the conduct of an insurance business..............................; 769
Joint city-county boards of tax assessors in counties having a city of 300,000
or more; local constitutional amendment continued...................4456
Motor vehicle license plates; staggered licensing of motor vehicles.....1053
Sales and Use tax; food stamps or WIC coupons ......................... 1464
Sales and use tax; fuel to heat poultry houses ........................ 1453
Sales and use tax; hearing aids.........................................1584
Sales and use tax; insulin and insulin syringes ........................1459
Sales and use tax; oxygen...............................................1467
Tax assessors; size of county boards................................... 1322
Tax collectors and tax commissioners; annual training requirements;
removal from office ............................................... 502
Tax collectors; counties of 550,000 or more; checks and money orders.....274
Tax receivers, tax collectors, and tax commissioners; qualifications ....495
Tax receivers, tax collectors, and tax commissioners; vacancies.........1229
RICHLAND, CITY OF
Corporate limits........................................................5490
RICHMOND COUNTY*!
Advertisment and promotion of the county; local constitutional amendment
continued ..........................................................4480
Incinerators; garbage and refuse facilities; bonds; local constitutional
amendment continued.................................................4483
Superintendent of the board of education; terms; removal ...............4167
Superior court; number of judges ........................................417
ROAD HOUSES
Inspections............................................................. 449
INDEX
CXLV
ROCKDALE COUNTY
Board of education; local constitutional amendment continued ........4018
School superintendent; appointment; local constitutional amendment
continued ..................................................4016
ROCKMART, CITY OF
Rockmart Development Authority; local constitutional amendment
continued ..................................................5488
ROCKMART DEVELOPMENT AUTHORITY
Local constitutional amendment continued .......................5488
ROLAND HAYES PARKWAY.................................................516
ROME, CITY OF
School district; homestead exemption; referendum ...............4530
ROSSVILLE, CITY OF
Office of tax assessor and tax coordinator abolished ................4687
ROSWELL, CITY OF
Mayor and councilmen; elections; vacancies; election dates; recorder.3665
R. SIDNEY LOWERY, SR., MEMORIAL BRIDGE...............................518
S
SALES AND USE TAX
Food stamps or WIC coupons as payment; transactions exempted....1464
Fuel to heat poultry houses ....................................1453
Hearing aids....................................................1584
Insulin and insulin syringes....................................1459
Oxygen prescribed by a licensed physician.......................1467
SAFETY GLAZED GLASS
Hazardous installations.........................................1231
SAM P. McGILL EXHIBITION BUILDING ..................................1197
SAPELO ISLAND HERITAGE AUTHORITYV'r I
Hog Hammock community
453
CXLVI
INDEX
SAVANNAH AIRPORT COMMISSION
Local constitutional amendment continued ..........................4203
SAVANNAH, CITY OF
Corporate limits; taxes............................................4522
Downtown Savannah Authority; local constitutional amendment
continued ....................................................4201
Historic zones; local constitutional amendment continued. .........5077
Homestead exemption from school taxes; local constitutional amendment
continued ................................................... 4354
Issuance of bonds without a referendum; local constitutional amendment
continued................................................4199, 4837
Savannah Airport Commission; local constitutional amendment
continued .....................................................4203
Savannah Transit Authority Act repealed; Chatham Area Transit Authority
created........................................................5082
SAVANNAH STATE COLLEGE
Motor vehicle license plates ..................................... 290
SAVANNAH TRANSIT AUTHORITY
Act repealed; creation of Chatham Area Transit Authority ........ 5082
SAWYER, MS. BARBARA ANN ROZIER
Compensation........................................................523
SCHLEY COUNTY
Board of commissioners; transfer of structure from the Georgia Forestry
. Commission .................................................. 532
SCREVEN COUNTY
Ad valorem tax exemption for qualifying manufacturing establishments;
local constitutional amendment continued ......................5697
Screven County Industrial Development Authority; local constitutional
amendment continued............................................5694
Staggered motor vehicle registration periods; referendum...........5642
SCREVEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ......................... 5694
SEABOARD SYSTEM RAILROAD, INC.
Amendment of lease of Western and Atlantic Railroad
231
INDEX
CXLVII
SECRETARY OF STATE
Acts; certified copies of local Acts requiring a referendum or special
election ...................................................1608
Hospital authority audits .......................................489
Maps............................................................1608
State real property inventory; duties transferred to State Properties
Commission .................................................1483
SECURITIES
Dealers and salesmen; sanctions; exemption from registration of securities;
confidential records; interstate investigations; civil liability; burden of
proof............................................................1559
SELECTIVE SERVICE SYSTEM
Student loans and educational assistance.........................759
SENTENCES
No change permitted after the term of court or 60 days ..........842
SEPTIC TANKS
Dumping wastes into public storm or sanitary sewers without permission ... 780
Regulations; county boards of health; building permits ......227
SHERIFFS
Minimum annual salaries...............................................837
Suspension for failure to complete minimum annual in-service training.606
SHERIFFS RETIREMENT FUND OF GEORGIA
Death benefits................................................... 607
Fees in state courts and magistrate courts; retirement benefits; partial years
service ..........................................................604
SHIPS
Pilots; mooring and docking of ships ............................482
SINGLE AUDIT ACT OF 1984, FEDERAL
Local audits.................................................... 758
SMITH, DR. W. K., HIGHWAY............................................185
SMITH, MR. R. GLENN
Compensation
537
CXLVIII
INDEX
SMYRNA, CITY OF
Downtown Smyrna Development Authority; local constitutional amendment
continued .........................................................3957
Homestead exemption; local constitutional amendment continued ..........5525
Homestead exemption for disabled residents; local constitutional amendment
continued .........................................................5523
Mayor and council; compensation.........................................3951
SOCIAL SERVICES
Aid to families with dependent children; income; Summer Youth
Employment Training Program; Adult and Youth Program................881
Aid to families with dependent children; pilot community work experience
programs abolished; Positive Employment and Community Help
(PEACH) Program establishes..........................................40
Appeals from certain probate courts .....................................982
Child abuse, sexual abuse, and sexual exploitation; training of professionals
urged; reports ....................................................1204
Child-caring institutions; emergency relocation of residents; prohibition of
admissions; monitors ...............................................662
Child support recovery; dissemination of drivers license records to the
Department of Human Resources.......................................156
Child welfare agencies; licenses; restrictions; reports; prohibited conduct;
penalties .........................................................1038
Code revision ............................................................10
Criminal records checks for persons exercising supervisory or disciplinary
power over children.................................................669
Day care centers; criminal records checks; fees..........................822
Department of Human Resources; criminal records checks of applicants for
employment; fingerprints...........................................1225
Juveniles; disposition of children under 17 sentenced in the superior courts
upon becoming 17 years of age; treatment ...........................277
Medicaid; modification of state plan; semiprivate accommodations; nursing
homes...............................................................486
State Childrens Trust Fund; child abuse and neglect prevention programs;
proposed amendment to the Constitution ............................1631
Task Force on Funding of Indigent Health Care Programs; creation by
Governor requested .................................................526
SOPERTON, CITY OF
Mayor and council; terms; elections; district^ .........................3930
SOUTH COBB COUNTY COURTHOUSE FACILITIES STUDY COMMISSION .4021
SOUTHERN RAILWAY COMPANY
Modification of lease; self-insurance....................................543
SOVEREIGN IMMUNITY
Municipalities; public policy; waiver; insurance .......................1312
INDEX
CXLIX
SPALDING COUNTY
Coroner; compensation.................................................5545
Homestead exemptions; 62 or older or totally disabled; referendum.4855
Staggered motor vehicle registration periods; referendum..............5623
STABLES
Regulation and licensing...............................................628
STAGGERED MOTOR VEHICLE LICENSE PLATE ISSUANCE ........................1053
STATE AUDITOR
Compensation............................................... 877
STATE BOARD OF NURSING HOME ADMINISTRATORS
Removal of members; powers and duties; licenses; reciprocity; termination
date ....................................................846
STATE BOXING COMMISSION
Sunset of commission; boxing while under the influence of alcohol or a
drug ....................................................674
STATE CHILDRENS TRUST FUND
Proposed amendment to the Constitution................................1631
STATE COMMISSION ON THE CONDEMNATION OF PUBLIC PROPERTY .. 1187
STATE COURTS
Solicitors; residency requirements.......................... 171
STATE DEPOSITORY BOARD
Local government investment pools; bodies created for a public purpose.205
STATE EMPLOYEES ASSURANCE DEPARTMENT
Comptroller General; references changed to Commissioner of Insurance...999
STATE ETHICS COMMISSION
Creation...............................................................957
STATE FORESTRY COMMISSION
Reforestation incentives program; wood load tickets
402
CL
INDEX
STATE GOVERNMENT
Air Transportation Act; pilots; mandatory retirement age.................338
Asbestos and hazardous materials; abatement or removal; liability insurance
and self-insurance..................................................150
Central inventory of personal property; applicability; acquisition costs; prior
approval .......................................................... 826
Code revision ............................................................10
Comptroller General; title changed to Commissioner of Insurance in certain
Code sections ......................................................855
Consumers utility counsel; date for abolition of office ...............283
English designated as the official language of the State of Georgia.....529
Federal grant programs; agreements with other states..................178
General obligation debt; loans for water and sewerage facilities .......1612
Georgia Building Authority; Agency for Removal of Hazardous Materials
created.............................................................829
Georgia Building Authority; day care centers............................1489
Georgia Building Authority; real property inventory ....................1483
Georgia Council for the Arts; name change................................174
Georgia Development Authority; first-time farmer tax-free note program;
eligibility for loans...............................................656
Georgia Development Authority; membership; powers; programs; tax
exemptions; venue ..................................................705
Georgia Environmental Facilities Authority created.......................569
Georgia State Financing and Investment Commission; appropriations; use
if debt is not incurred; negotiated sale of notes and bonds;
investments ...................................................... 339
Health Planning Agency; state health plan; rules; certificates of need..148
Metropolitan area planning and development commissions; regional public
projects; debt; taxing power; operating expenses ..................1049
Mileage and travel expenses; reimbursement rate..........................356
Public property; causes of action; proceedings; judicial relief .........316
Public property; inventory of real property; filing of conveyances and court
orders; State Properties Commission................................1483
Records; microform standards; liability.................................1154
Records; veterinary care ...............................................1090
State Commission on the Condemnation of Public Property; acquisition of
public property ...................................................1187
State Patrol Disciplinary Board; membership .............................193
State Properties Commission; real property inventory; duties ...........1483
State Records Committee; microform standards; liability.................1154
Suspension of public officials upon indictment; compensation; reinstatement;
vacancies..........................................................1614
Uncollectable debts or obligations; write offs by state agencies or
departments; audits ................................................506
Western and Atlantic Railroad; amendment of lease to Seaboard System
Railroad, Inc.......................................................231
STATE MEDICAL EDUCATION BOARD
Income tax refunds; setoff debt collection
825
INDEX
CLI
STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION
Day care centers for state employees; capitol hill pilot program .1489
Definitions; interdepartmental transfers; working test ...........469
STATE PATROL
Impersonating a member ...........................................1059
Recruits and cadets; authority; clothing allowance for members assigned
to personal security or special duty..........................452
State Patrol Disciplinary Board................................... 193
STATE PROPERTIES COMMISSION
Real property inventory; duties...................................1483
See Tabular Index heading "Resolutions Authorizing Land Conveyances,
Leases, and Easements.
STATE PROPERTY
Hog Hammock community............................................ 453
STATE RECORDS COMMITTEE
Microform standards; liability....................................1154
STATESBORO, CITY OF
Downtown Statesboro Development Authority; local constitutional
amendment continued..........................................4655
STATE TOLLWAY AUTHORITY
Federal contributions.............................................1241
STATUTES
County or municipal road or street authorities; referendum requirement ... 1628
STATUTES OF LIMITATION
Traffic convictions; time limits for filing challenges.............444
STEPHENS COUNTY
Board of commissioners; compensation .............................4743
District attorney; investigator; compensation ....................5493
Stephens County Development Authority; local constitutional amendment
continued ...................................................4153
Superior court; terms............................................. 1526
CLII
INDEX
STEPHENS COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ....................4153
STEWART COUNTY
Board of education; elections; local constitutional amendment continued ... 3859
Chattahoochee River bridges; local constitutional amendment continued ... 3863
Electrical system; local constitutional' amendment continued.3861
Natural gas system; local constitutional amendment continued.3865
Stewart County Industrial Development Authority; local constitutional
amendment continued.......................................3867
STEWART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ....................3867
ST. MARYS, CITY OFfcjfj
Corporate limits.............................................4128
STONE MOUNTAIN JUDICIAL CIRCUIT
Additional judge..............................................423
STONE MOUNTAIN MEMORIAL ASSOCIATION
Real property inventory .....................................1483
STUN GUNS
Possession during commission or attempted commission of certain felonies . 1205
SUMMERTOWN, CITY OF
New charter .................................................5103
SUMMERVILLE, CITY OF
Corporate limits.............................................4953
SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM
Income; Aid to Families with Dependent Children...............881
SUMTER COUNTY
Public school system created; referendum ....................3501
SUPERIOR COURT CLERKS RETIREMENT FUND OF GEORGIA
Retirement benefits for clerks and their spouses
1252
INDEX
CLIII
SUPERIOR COURT JUDGES RETIREMENT SYSTEM
Calculation of spouses benefits upon death of a member .................1265
Cost-of-living adjustments; surviving spouses....................1257
Retirement age; spouses benefits ...............................1326
SUPERIOR COURTS
Appeals from probate courts in counties of more than 150,000; abolished_982
Appeals from the Department of Human Resources and county boards of
health ......................................................1280
Clerks; annual training; reimbursement of expenses......................213
Clerks; fees and costs...........................................1002
Clerks; recording executions from the magistrate courts ...........701
Judges; continuing judicial education expenses; secretaries base salaries .... 794
Law clerks; payments to counties............................1488
SUPREME COURT-MS
Appeals from probate courts in counties of more than 150,000 ...........982
SURVEYORS
County surveyors; private practice.............................. 888
SYLVANIA, CITY OF
Mayor and council; eligibility for office of city manager........5786
T
TALBOT COUNTY'.r;
Deputy sheriffs..................................................4120
TALLAPOOSA, CITY OF
Tallapoosa Development Authority; local constitutional amendment
continued ...................................................4688
TALLAPOOSA DEVELOPMENT AUTHORITY
Local constitutional amendment continued ........................4688
TAPE PIRACY
Videotape; visual images; masters
652
CLIV
INDEX
TASERS
Possession during commission or attempted commission of certain felonies . 1205
TASK FORCE ON FUNDING OF INDIGENT HEALTH CARE PROGRAMS
Creation by Governor requested .....................................526
TATTNALL COUNTY
Board of education; compensation....................................3888
TAX COLLECTORS AND TAX COMMISSIONERS
Annual training requirements; removal from office...................502
Counties of 550,000 or more; checks and money orders ...............274
Qualifications .....................................................495
Vacancies..........................................................1229
TAXIDERMISTS
Mounting and sale of fur bearers, deer, and squirrel................485
TEACHERS RETIREMENT SYSTEM OF GEORGIA
Average compensation; computation .................................1262
Certain certified professional personnel of the State Board of Education or
State Department of Education; membership......................1543
Creditable service; absence because of pregnancy...................1536
Creditable service for certain prior teaching service..............1531
Credit for certain military service ...............................1552
Employer contributions; local units of administration; State Board of
Education ......................................................375
Membership of former members of the Employees Retirement System of
Georgia; withdrawal of contributions ..........................1258
Minimum retirement allowance; retirement under local retirement systems;
cost-of-living increase....................................... 620
Reinstatement of membership........................................1547
TELFAIR COUNTY
County officers; ineligibility to hold office; local constitutional amendment
continued .....................................................4527
THOMASTON, CITY OF
Ad valorem tax collection; contracts ..............................5748
Mayors court; fines; arrests..................................... .5816
INDEX
CLV
TIFT COUNTY
Board of commissioners; composition; districts; elections; terms; sessions ... 5274
Board of education; composition; districts; elections; qualifications .5262
TIFTON, CITY OF
Municipal election dates ...........................................3829
TIMBER
Reforestation incentives program; wood load tickets.................402
TOOMBS COUNTY
Board of commissioners; compensation ...............................4159
State court; judge and solicitor; compensation; clerical assistance.4586
TORTS
Chiropractors; standard of care; scope of practice .................1534
Code revision ........................................................10
Immunity of persons who are justified in threatening or using force in defense
of a habitation..................................................515
Libel; requests for and publication of retractions as relevant and competent
evidence.........................................................272
TOWNS COUNTY
District attorney; investigator; compensation ......................5493
Superior court; terms...............................................1526
TRI-COUNTY WATER AUTHORITY
Created for Columbia, McDuffie, and Lincoln Counties................5318
TRION, CITY OF
Local sales and use tax for education ..............................3712
TROUP COUNTY
Board of education; election; school superintendent; appointment; Act
continuing local constitutional amendment repealed; referendum .3515
Board of education; school district defined; referendum ............3633
Mountville Water Authority .........................................3531
CLVI
INDEX
TRUCKS
Suspension systems; limitations on alterations; penalties..........1210
TRUSTS
Investment standards; unproductive or nonincome-producing property.1553
TURNER COUNTY
Sheriff; compensation..............................................4706
Turner County Development Authority local constitutional amendment
continued ................................................4708
TURNER COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued .....................4708
TWIGGS COUNTY
School superintendent; appointment; referendum ...............5542
TYBEE ISLAND, CITY OF ~ : ,
Mayor and council; powers; parking and street and beach use fee on motor
vehicles .................................................4067
Hu-
uniform COMMERCIAL CODE
Secured transactions; financing and continuation statements; maturity date;
expiration ................................................357
"UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS LAW
Enactment......................................................380
UNION COUNTY
District attorney; investigator; compensation ................5493
Superior court; terms.........................................1526
UNITED STATES CONGRESS
Resignation of members; procedure
996
INDEX
CLVII
UNIVERSITY OF GEORGIA
Bicentennial license plates ................................312
UPSON COUNTY
Clerk of the superior court placed on an annual salary......4612
School district; homestead exemption; referendum ...........4497
URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE
MUNICIPALITIES (400,000 OR MORE)
Powers; loans; bonds................................................947
USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE
DEALERS
Definitions; out-of-state buyers cards.............................465
V
VACANCIES IN OFFICE
Procedures; resignations ...........................................996
VALDOSTA, CITY OF
Corporate limits...................................................4224
VALDOSTA STATE COLLEGE
Motor vehicle license plates .......................................223
VENUE
Actions against railroads or electric companies .....................37
VETERANS
Disabled veterans; homestead exemption ............................1445
VETERINARIANS
Privileged communications; evidence; public inspection of records .1090
VIDALIA, CITY OF
School district; powers of board of education; referendum
4862
CL VIII
INDEX
VIDALIA ONION ACT OF 1986 ...............................................3
VIDEOTAPE
Criminal reproduction and sale of recorded material ................652
W
WACO, TOWN OF
Waco Development Authority; local constitutional amendment continued .. 4692
WACO DEVELOPMENT AUTHORITY
Local constitutional amendment continued ..........................4692
WALKER COUNTY
Clerk of the superior court; personnel; compensation ..............4142
Coroner; compensation..............................................4146
State court; judge and solicitor; compensation and expenses........4144
Tax commissioner; compensation of personnel .......................4139
WALTON COUNTY
Coroner; compensation..............................................3819
Walton Industrial Building Authority; local constitutional amendment
continued ....................................................4730
WALTON INDUSTRIAL BUILDING AUTHORITY
Local constitutional amendment continued ..........................4730
WARE COUNTY
Board of commissioners; compensation ..............................4213
Board of commissioners; composition; elections; districts; officers;
compensation................................................ 5374
Coroner; compensation..............................................3913
County manager; local constitutional amendment continued ..........3679
Sheriff; county police force; powers; local constitutional amendment
continued ....................................................4373
Tax to promote new industry; local constitutional amendment continued ... 3904
Waycross and Ware County Development Authority; local constitutional
amendment continued...........................................4379
INDEX
CLIX
WARNER ROBINS, CITY OF
Redevelopment powers; referendum................................. 3923
Voter registration ...............................................5821
WASHINGTON COUNTY
Homestead exemption for persons 65 or older; referendum...................4485
Homestead exemption from county school taxes; referendum..................4489
WATER QUALITY
Permit terms; general permits; federal funds; penalties; local ordinances_350
WATERS OF THE STATE, PORTS, AND WATERCRAFT
Boating, skiing, etc. under the influence of alcohol or drugs prohibited;
chemical tests; penalties......................................612
Georgia Ports Authority; venue of actions .........................164
Metropolitan Rivers Protection Act; rules and regulations; appeals .......321
Pilots; directions for mooring; docking of ships...................482
WAYCROSS, CITY OF
Board of education; membership of city manager ..............3897, 3899
Bonds for water works system; local constitutional amendment continued .. 4375
Commission; elections; qualifications; vacancies; oath............4843
Downtown Waycross Development Authority; local constitutional
amendment continued...........................................3906
Tax to promote new industry; local constitutional amendment continued ... 4377
Waycross and Ware County Development Authority; local constitutional
amendment continued...........................................4379
WAYCROSS AND WARE COUNTY DEVELOPMENT AUTHORITY
Local constitutional amendment continued ....................... 4379
WAYNE COUNTY
Coroner; compensation.............................................3942
Tax commissioner; compensation; employees.........................4858
WEAPONS
See also, "Pistols
Stun guns and tasers; possession during commission of certain crimes; trial
judges; concealed weapons ....................................1205
CLX
INDEX
WEBB, MR. PAUL, D.B.A. KWIK KOPY # 206-
Compensation ........................................................524
WEBSTER COUNTY
Webster County Industrial Development Authority; local constitutional
amendment continued............................................ 4619
WEBSTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Local constitutional amendment continued ...........................4619
WELLS
Abandoned wells or holes; abatement of hazards ................922
WESLEYAN COLLEGE
Special motor vehicle license plates.................................201
WESTERN AND ATLANTIC RAILROAD
Amendment of lease to Seaboard System Railroad, Inc............231
WESTERN JUDICIAL CIRCUIT-^
District attorney; personnel paid by Clarke County.............4840
WEST GEORGIA COLLEGE
Motor vehicle license plates ..................................852
WEST JACKSON FIRE DISTRICT^
Local constitutional amendment continued ...........................4661
WHITE, CITY OF
Mayors court; appointment and qualifications of judge; certiorari .4342
WHITE COUNTY
Superior court; additional judge ....................................160
WHITFIELD COUNTY
Board of commissioners; composition; elections; compensation; referendum . 5597
WILKES COUNTY
Board of education; composition; elections; districts; referendum
4091
INDEX
CLXI
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
Appeals from probate courts in counties of more than 150,000 ............982
Code revision ..................................................... 10
Estate planning tax-motivated dispositions of a wards property by a
guardian authorized.............................................684
Intestate decedents; persons in possession of $2,500.00 or less of an intestate
decedent; savings account deposits required ....................887
Investments by corporate fiduciaries in certain investment trusts........882
Letters of administration; surviving spouses .......................200
Living wills; effectiveness; forms..................................445
Motor vehicles; certificates of title; transfer under a will; procedures.281
Probate; acknowledgements of service; attestation by a notary public or the
clerk of the probate court required.............................436
Trust powers; transfer by banks ...................................1244
Trusts; beneficiaries of trusts qualifying for federal estate or gift tax marital
deduction; unproductive or nonincome-producing property........1553
Years support; procedures; time periods; rights of redemption;
schedules......................................................1272
WINDER, CITY OF
Barrow County Airport Authority; creation..........................5518
WRECKERS-
Lights on wreckers and vehicles towed by wreckers .................1185
WOOD, JOE T., WAR VETERANS NURSING HOME
Designated.........................................................1201
WOODALL, MR. FRANKLIN D.
Compensation........................................................530
WOODSTOCK, CITY OF
Corporate limits...................................................4004
WORTH COUNTY
Board of education; compensation...................................3710
Board of education; membership; elections; referendum..............3716
CLXII
INDEX
Y
YEARS SUPPORT
Procedures; amount; rights of redemption . ................1272
YOUNG HARRIS COLLEGE
Motor vehicle license plates ..............................275
Z
ZONING AND PLANNING
Disclosure of interests of local officials in property; disclosure of gifts and
contributions ............................... . 1269
POPULATION
CLXIII
POPULATION OF GEORGIA COUNTIES
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Campbell
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
1980
15,565
6,141
9,379
3,808
34,686
8,702
21,354
40,760
16,000
13,525
150,256
10,767
8,701
15,255
10,175
35,785
19,349
13,665
5,717
13,371
7,518
56,346
36,991
7,343
202,226
21,732
21,856
51,699
74,498
3,553
150,357
6,660
297,718
26,894
35,376
40,118
13,490
39,268
7,684
19,489
12,318
4,774
25,495
483,024
16,955
10,826
100,710
54,573
13,158
1970
12,726
5,879
8,233
3,875
34,240
6,833
16,859
32,911
13,171
11,556
143,366
10,291
5,940
13,743
6,539
31,585
18,255
10,560
6,606
11,334
6,412
45.404
28,271
5,680
187,816
25,813
20,541
31,059
65,177
3,636
98,126
6,405
196,793
*22,828
32,298
22,327
12,129
32.310
5,748
18,087
9,910
3,639
22.310
415,387
15.658
10.404
89,639
28.659
12,682
1960
13,246
6,188
8,359
4,543
34,064
6,497
14,485
28,267
13,633
12,038
141,249
9,642
5,891
15,292
6,226
24,263
20,596
8,976
7,341
9,975
6,672
36,451
21,101
5,313
188,299
13,011
19,954
23,001
45,363
4,551
46,365
6,545
114,174
21,953
34,048
13,423
11,822
28,893
5,816
17,768
8,666
3,590
25,203
256,782
16,483
11,474
75,680
16,741
13,151
1950
14,003
7,362
8,940
5,952
29,706
6,935
13,115
27,370
14,879
13,966
114,079
9,218
6,387
18,169
5,965
24,740
23,458
9,079
8,578
7,322
8,063
34,112
15,146
4,821
151,481
12,149
21,197
20,750
36,550
5,844
22,872
6,007
61,830
23,961
33,999
9,525
12,201
27,786
6,080
17,663
7,364
3,712
23,620
136,395
17,865
14,159
43,617
12,173
17,413
1940
14.497
7,093
8,096
7,344
24,190
8,733
13,064
25,283
14,523
15,370
83,783
9,655
6,871
20.497
6,288
26,010
26,520
9,182
10,438
5,910
9,103
34,156
12,199
5,256
117,970
15,138
18,532
20,126
28,398
7,064
11,655
6,437
38,272
21,541
33,012
9,433
11,919
26,972
7,128
17,540
5,894
4,479
22,234
86,942
21,022
16,886
28,565
10,053
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
CLXIV
POPULATION
County
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
McDuffie
McIntosh
Macon
Madison
Marion
Meriwether
1980
2,297
18,327
18,758
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
POPULATION
CLXV
County
Miller
Milton
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
1980
7,038
21,114
14,610
7,011
11,572
19,685
170,108
34,489
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
CLXVI
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
5,462,982 4,589,575 3,943,116 3,444,578 3,123,723
POPULATION NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
1930
11,181
25,030
12,647
5,032
9,149
6,056
20,808
13,439
15,944
10,844
21,094
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
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
POPULATION
CLXVII
County
Dodge .......
Madison .....
Worth........
Tattnall.....
Effingham ....
Jefferson....
Haralson.....
McDuffie.....
Hart.........
Elbert ......
Washington ..
Peach .......
Burke .......
Crisp .......
Murray.......
Grady .......
Wayne........
Emanuel......
Mitchell ....
Meriwether ..
Barrow ......
Chattahoochee
Stephens.....
Chattooga ....
Toombs.......
Habersham ..
Jackson .....
Decatur......
Upson .......
Paulding.....
Coffee.......
Forsyth......
Fayette ......
Sumter ......
Gordon ......
Walton ......
Polk.........
Tift.........
Population
16,955
17,747
18,064
18,134
18,327
18,403
18,422
18,546
18,585
18,758
18,842
19,151
19,349
19,489
19,685
. 19,845
20,750
.. 20,795
21,114
21,229
,. 21,354
.. 21,732
21,761
21,856
22,592
25,020
25,343
25,495
25,998
26,110
26,894
27,958
29,043
29,360
30,070
31,211
32,382
32,862
County
Newton ...
Baldwin...
Colquitt...
Bulloch ...
Henry
Rockdale ..
Laurens...
Catoosa ...
Ware
Liberty ..,
Thomas ..
Coweta ..
Columbia
Bartow ..
Spalding .
Troup ...
Cherokee.
Douglas ..
Glynn
Carroll...
Walker ..
Whitfield .
Lowndes .
Clarke ...
Hall.....
Houston .
Floyd ....
Dougherty
Bibb.....
Clayton ..
Gwinnett
Muscogee
Richmond
Chatham .
Cobb.....
DeKalb ..
Fulton
Total ..
Population
34,489
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
CLXVIII 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 Senatorial
District COUNTY_________________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
9 2'& 3
11 & 15
53
37 & 51
46
11
17 & 44
7
32, 33, 37, 56
19
10 & 13
23 & 24
8
28
27
13
53
50
10
5, 41/43, 55
19
13
12
30 & 34
11
8
4
47
21
4
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jfefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
Macon
Madison
Marion
McDuffie
McIntosh
Meriwether
Miller
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
51
34
52
49 & 56
47
34/36, 38/40,
56
51
21
3 & 6
51
10
24
9 & 48
50
49
25
31
29
47
29
17
18
13
46 & 47
25
19
21
21
20
25
27
7
20
14
3
24
4
8
50
14
47
16
24
3
29
11
11
27
20
25
54
15 & 16
45
MEMBERS OF THE GENERAL ASSEMBLY CLXIX
COUNTY
Senatorial
District
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
COUNTY
Senatorial
District
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
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
CLXX
MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1985-1986
District Name
Address
23 Frank A. Albert.......
22Thomas F. Allgood ....
29 A. Quillian Baldwin, Jr..
18Ed Barker ............
33 Roy E. Barnes .......
39 Julian Bond..........
13 Rooney L. Bowen......
51 Max Brannon ..........
56Haskew H. Brantley, Jr.
46 Paul C. Broun.........
47 M. Parks Brown.......
3 Glenn E. Bryant .....
5Joe Burton ............
28Kyle Cobb ...........
1J. Tom Coleman........
40 Paul D. Coverdell ...
45Harrill L. Dawkins....
49 J. Nathan Deal ......
31Nathan Dean............
21Bill English..........
34 Bev Engram ..........
54W. W. (Bill) Fincher, Jr.
50 John C. Foster.......
30 Wayne Garner ........
20Hugh M. Gillis, Sr....
26 Richard L. Greene....
27 W. F. (Billy) Harris..
37Carl Harrison.........
52 Edward Hine, Jr......
12A1 Holloway...........
17Janice S. Horton......
42Pierre Howard.........
15 Floyd Hudgins........
53 Waymond C. Huggins ..,
4 Joseph E. Kennedy....
25Culver Kidd...........
16 Ted J. Land..........
35 Arthur Langford, Jr..
24 Sam P. McGill .......
14 Lewis H. (Bud) McKenzie
48 Donn H. Peevy........
7Ed Perry..............
9R. T. (Tom) Phillips ..
.............. 3102 Walton Way Ext., Augusta 30909
.....................615 Telfair Bldg., Augusta 30903
.....................P.O. Box 1364, LaGrange 30241
...............P.O. Box 5036, Warner Robins 31099
............... 4841 Brookwood Dr., Mableton 30059
...............361 West View Dr., SW, Atlanta 30310
.............................Box 417, Vienna 31092
.....................P.O. Box 1027, Calhoun 30701
.....................P.O. Box 605, Alpharetta 30201
..................... 165 Pulaski St., Athens 30610
........................P.O. Box 37, Hartwell 30643
.....................P.O. Box 585, Hinesville 31313
........... 2598 Woodwardia Rd., NE, Atlanta 30345
...................P.O. Box 1010, Griffin 30224
..................P.O. Box 22398, Savannah 31403
..........2015 Peachtree Rd., NE, Atlanta 30309
........ 1445-A Old McDonough Rd., Conyers 30207
..................P.O. Box 2522, Gainesville 30503
.................. 340 Wingfoot St., Rockmart 30153
.....................214 Golf Dr., Swainsboro 30401
..... 749 Pinehurst Dr., P.O. Box 908, Fairburn 30213
..................P.O. Drawer 400, Chatsworth 30705
........................P.O. Box 100, Cornelia 30531
..................25 Azalea Trail, Carrollton 30117
........................P.O. Box 148, Soperton 30457
........Suite 517, Trust Co. Bank Bldg., Macon, 31201
.....1261 Willingham Springs Rd., Thomaston 30286
.....................P.O. Box 1374, Marietta 30061
........................P.O. Box 5511, Rome 30161
........................P.O. Box 588, Albany 31702
............... 430 Burke Circle, McDonough 30253
160 Clairemont Ave., 500 Fidelity National Bank Bldg.,
Decatur 30030
....................P.O. Box 12127, Columbus 31907
.....................P.O. Box 284, LaFayette 30728
........................P.O. Box 246, Claxton 30417
..................P.O. Box 370, Milledgeville 31061
........... 1069 Standing Boy Court, Columbus 31904
............... 1544 Niskey Lake Trail, Atlanta 30331
....................P.O. Box 520, Washington 30673
....................P.O. Box 565, Montezuma 31063
..................P.O. Box 862, Lawrenceville 30245
.....................P.O. Box 925, Nashville 31639
........... 1703 Pounds Rd., Stone Mountain 30087
MEMBERS OF THE GENERAL ASSEMBLY CLXXI
19Walter S. Ray..........
6Riley Reddish..........
2Albert (Al) Scott .....
36David Scott............
44Terrell Starr..........
55Lawrence (Bud) Stumbaugh
38Horace Tate............
11Jimmy Hodge Timmons ...
32Jim Tolleson...........
10Paul Trulock ..........
8Loyce W. Turner........
41James W. (Jim) Tysinger ..
43Eugene P. (Gene) Walker .'.
.................Box 295, Douglas
............Cherokee Lake, Jesup
.........P.O. Box 1704, Savannah
.....190 Wendell Dr., SE, Atlanta
. 4766 Tanglewood Lane, Forest Park
1071 Yemassee Trail, Stone Mountain
.........621 Lilia Dr., SW, Atlanta
............132 Woodlawn, Blakely
.....2195 Beech Valley Dr., Smyrna
..............P.O. Box 70, Climax
..... 608 Howellbrook Dr., Valdosta
.... 3781 Watkins Place NE, Atlanta
.... 2231 Chevy Chase Lane, Decatur
31533
31545
31402
30315
30050
30083
30310
31723
30080
31734
31602
30319
30032
CLXXII MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF THE SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES
FOR THE TERM 1985-86
District Name
Address
1 ..........J. Tom Coleman, Jr...............P.O. Box 22398
Savannah 31403
2 ..........Albert (Al) Scott................P.O. Box 1704
Savannah 31402
3 ..........Glenn E. Bryant..................P.O. Box 585
Hinesville 31313
4 ..........Joseph E. Kennedy................P.O. Box 246
Claxton 30417
5 ..........Joe Burton.......................2598 Woodwardia Rd. NE
Atlanta 30345
6 ..........Riley Reddish....................Cherokee Lake
Jesup 31545
7 ..........Ed Perry.........................P.O. Box 925
Nashville 31639
8 ..........Loyce W. Turner..................608 Howellbrook Dr.
Valdosta 31602
9 ..........R. T. (Tom) Phillips.............1703 Pounds Rd.
Stone Mountain 30087
10 ..........Paul Trulock.....................P.O. Box 70
Climax 31734
11 ..........Jimmy Hodge Timmons..............132 Woodlawn
Blakely 31723
12 ..........Al Holloway......................P.O. Box 588
Albany 31702
13 ..........Rooney L. Bowen..................Box 417
Vienna 31092
14 ..........Lewis H. (Bud) McKenzie..........P.O. Box 565
Montezuma 31063
15 ..........Floyd Hudgins ...................P.O. Box 12127
Columbus 31907
16 ..........Ted J. Land......................1069 Standing Boy Court
Columbus 31904
17 ..........Janice S. Horton.................430 Burke Circle
McDonough 30253
18 ..........Ed Barker........................P.O. Box 5036
Warner Robins 31099
19 ..........Walter S. Ray....................Box 295
Douglas 31533
20 ..........Hugh M. Gillis, Sr...............P.O. Box 148
Soperton 30457
21 ..........Bill English.....................214 Golf Dr.
Swainsboro 30401
22 ..........Thomas F. Allgood................615 Telfair Bldg.
Augusta 30903
MEMBERS OF THE GENERAL ASSEMBLY CLXXIII
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Frank A. Albert...................3102 Walton Way Ext.
Augusta 30909
Sam P. McGill.....................P.O. Box 520
Washington 30673
Culver Kidd.......................P.O. Box 370
Milledgeville 31061
Richard L. Greene.................Suite 517
Trust Co. Bank Bldg.
Macon 31201
W. F. (Billy) Harris..............1261 Willingham Springs Rd.
Thomaston 30286
Kyle Cobb.........................P.O. Box 1010
Griffin 30224
A. Quillian Baldwin, Jr...........P.O. Box 1364
LaGrange 30241
Wayne Garner......................25 Azalea Trail
Carrollton 30117
Nathan Dean.......................340 Wingfoot St.
Rockmart 30153
Jim Tolleson......................2195 Beech Valley Drive
Smyrna 30080
Roy E. Barnes.....................4841 Brookwood Drive
Mableton 30059
Bev Engram........................749 Pinehurst Dr.
P.O. Box 908
Fairburn 30213
Arthur Langford, Jr...............1544 Niskey Lake Trail
Atlanta 30331
David Scott.......................190 Wendell Dr. SE
Atlanta 30315
Carl Harrison.....................P.O. Box 1374
Marietta 30061
Horace E. Tate....................621 Lilia Dr. SW
Atlanta 30310
Julian Bond.......................361 West View Dr., SW
Atlanta 30310
Paul D. Coverdell.................2015 Peachtree Rd., NE
Atlanta 30309
James W. (Jim) Tysinger...........3781 Watkins Place NE
Atlanta 30319
Pierre Howard.....................160 Clairemont Ave.
500 Fidelity National Bank
Bldg.
Decatur 30030
Eugene P. (Gene) Walker...........2231 Chevy Chase Lane
Decatur 30032
Terrell Starr.....................4766 Tanglewood Lane
Forest Park 30050
, Harrill L. Dawkins..............1445-A Old McDonough Rd.
Conyers 30207
. Paul C. Broun...................165 Pulaski St.
Athens 30610
CLXXIV MEMBERS OF THE GENERAL ASSEMBLY
47 ..........M. Parks Brown.....................P.O. Box 37
Hartwell 30643
48 ..........Donn M. Peevy.....................P.O. Box 862
Lawrenceville 30245
49 ..........J. Nathan Deal...................P.O. Box 2522
Gainesville 30503
50 ..........John C. Foster....................P.O. Box 100
Cornelia 30531
51 ..........Max Brannon...................... P.O. Box 1027
Calhoun 30701
52 ..........Edward Hine, Jr..................P.O. Box 5511
Rome 30161
53 ..........Waymond C. Huggins................P.O. Box 284
LaFayette 30728
54 ..........W. W. (Bill) Fincher, Jr..........P.O. Drawer 400
Chatsworth 30705
55 ..........Lawrence (Bud) Stumbaugh.........1071 Yemassee Trail
Stone Mountain 30083
56 ..........Haskew H. Brantley, Jr............P.O. Box 605
Alpharetta 30201
MEMBERS OF THE GENERAL ASSEMBLY CLXXV
GEORGIA HOUSE OF REPRESENTATIVES
House
COUNTY District
House
COUNTY District
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
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 Ip
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
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
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
CLXXVI 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
House
District
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
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 CLXXVII
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1985-1986
District Representative Address
56...........Betty Aaron........................3920 Johns Hopkins Ct.
Decatur 30034
36...........G. D. Adams........................3417 Northside Dr.
Hapeville 30354
79...........Marvin Adams.......................709 Greenwood Rd.
Thomaston 30286
21-Post 1....Fred Aiken.........................4020 Pineview Dr., SE
Smyrna 30080
57-Post 3....Dean Alford........................20 Willowick Dr.
Lithonia 30058
127..........Roy L. Allen.......................1406 Law Dr.
Savannah 31401
8-Post 1...Wendell T. Anderson, Sr............RFD 4
Canton 30114
68...........Bob Argo...........................P.O. Box 509
Athens 30603
57-Post 1....Troy A. Athon......................1161 Valley Dr., NE
Conyers 30207
21-Post 3....Bill Atkins........................4719 Windsor Dr.
Smyrna 30080
156..........Dean G. Auten......................628 King Cotton Row
Brunswick 31520
72-Post 5....Frank I. Bailey, Jr................P.O. Box 777
Riverdale 30274
140..........Ralph J. Balkcom...................Route 1
Blakely 31723
62...........Charles E. Bannister...............312 Emily Dr.
Lilburn 30247
108..........Emory E. Bargeron..................P.O. Box 447
202 E. Fifth St.
Louisville 30434
10...........Bill H Barnett.....................P.O. Box 755
Cumming 30130
59...........O. M. (Mike) Barnett...............4779 St. Moritz Drive
Lilburn 30247
148..........James M. Beck......................2427 Westwood Dr.
Valdosta 31602
72-Post 2....Jimmy W. Benefield.................6656 Morning Dove Place
Jonesboro 30236
38...........Lorenzo Benn.......................579 Fielding Lane SW
Atlanta 30311
104..........Kenneth (Ken) W. Birdsong..........Route 1
Gordon 31031
CLXXVIII MEMBERS OF THE GENERAL ASSEMBLY
94 .........Sanford D. Bishop, Jr..............P.O. Box 709
Columbus 31902
30...........Paul Bolster . .................... 660 Woodland Ave., SE
Atlanta 30316
138...........Henry Bostick......................P.O. Box 94
Tifton 31793
137...........Paul S. Branch, Jr.................Route 4, Box 499-A
Fitgerald 31750
91...........Claude A. Bray, Jr...... ..........P.O. Box 549
Manchester 31816
34...........Tyrone Brooks........................ Station A, P.O. Box 11185
Atlanta 30310-0185
88 .........George M. Brown....................P.O. Box 1114
Augusta 30903
95 .........Thomas B. Buck III.................P.O. Box 196
Columbus 31902
20-Post 2....A. L. (Al) Burruss.................P.O. Box 6338
Marietta 30065
153-Post 2....Roger C. Byrd......................P.O. Box 756
Hazlehurst 31539
146...........Hanson Carter......................808 River Rd.
Nashville 31639
133...........Tommy Chambless....................P.O. Box 2008
Albany 31702
129...........George A. Chance, Jr...............P.O. Box 373
Springfield 31329
89 .........Don Cheeks.........................3047 Walton Way
Augusta 30909
15-Post 1....E. M. (Buddy) Childers.............28 Surrey Trail
Rome 30161
53...........Mrs. Mobley (Peggy) Childs.........520 Westchester Dr.
Decatur 30030
55...........Betty J. Clark.....................P.O. Box 17852
Atlanta 30316
13-Post 1....Louie Max Clark....................RFD 2
Danielsville 30633
23...........Luther S. Colbert..................495 Houze Way
Roswell 30076
118..........Terry L. Coleman...................P.O. Box 157
Eastman 31023
4-Post 1....Carlton H. Colwell.................P.O. Box 850
Blairsville 30512
87...........Jack Connell.......................P.O. Box 308
Augusta 30903
20-Post 3....Bill Copper........................2432 Powder Springs Rd.
Marietta 30064
106..........Jesse Copelan, Jr..................P.O. Box 109
Eatonton 31024
40...........Barbara H. Couch...................2864 W. Roxboro Rd. NE
Atlanta 30324
141..........Walter E. Cox......................202 West St.
Bainbridge 31717
MEMBERS OF THE GENERAL ASSEMBLY CLXXIX
5..........John G. Crawford
150 ........Tom Crosby, Jr......
17...........Bill Cummings.......
33...........J. C. Daugherty, Sr. ..
45...........J. Max Davis........
29...........Douglas C. Dean.....
151 ........Harry D. Dixon....
74...........Denny M. Dobbs....
11-Post 1....William J. Dover....
73...........Wesley Dunn..........
112..........Ward Edwards........
22...........Dorothy Felton......
6-Post 2...Philip A. (Phil) Foster
154..........James M. Floyd....
97...........Mary Jane Galer.....
110..........John F. Godbee......
63...........Bill Goodwin........
130 ........Gerald E. Green....
39...........John W. Greer.......
99...........Denmark Groover, Jr.
124..........DeWayne Hamilton...
131 ........Bob Hanner..........
84...........Bobby Harris........
8-Post 2...W. G. (Bill) Hasty, Sr..
1-Post 2...Forest Hays, Jr.....
Route 1, Box 518
Lyerly 30730
705 Wacona Dr.
Waycross 31501
Route 1
508 Morgan Valley Rd.
Rockmart 30153
202 Daugherty Bldg.
15 Chestnut St., SW
Atlanta 30314
1177 W. Nancy Creek Dr., NE
Atlanta 30319
346 Arthur St., SW
Atlanta 30310
1303 Coral Rd.
Waycross 31501
329 Harold Dobbs Road
Covington 30209
"Timbrook, Route 2
Clarkesville 30523
P.O. Box 353
McDonough 30253
P.O. Box 146
Butler 31006
465 Tanacrest Dr., NW
Atlanta 30328
411 College Dr. Apt. E 16
Dalton 30720
Rt. 1, Box 23
Hinesville 31313
7236 Lullwater Rd.
Columbus 31904
401 Lane St.
Brooklet 30415
3823 Club Forest Dr.
Norcross 30092
Route 3, Box 119
Cuthbert 31740
925 Healey Bldg.
Atlanta 30303
P.O. Box 755
Macon 31202
P.O. Box 14562
Savannah 31406
Route 1, Box 26
Parrott 31777
Rt. 5, Box 593
Thomson 30824
Route 9, Hilton Way
Canton 30114
Route 2
Flintstone 30725
CLXXX MEMBERS OF THE GENERAL ASSEMBLY
43..........Paul W. Heard, Jr.................102 Camp Creek Court
Peachtree City 30269
83..........James P. (Jim) Hill...............471 Stevens Creek Rd.
Martinez 30907
72-Post 3...C. E. (Ed) Holcomb................P.O. Box 122
Jonesboro 30237
28..........Bob Holmes........................1850 King Geo. Lane, SW
Atlanta 30331
116 ........George Hooks......................P.O. Box 928
Americus 31709
103..........Frank Horne.......................850 Walnut St.
Macon 31201
117 ........Newt Hudson.......................Route 1, Box 29-A
Rochelle 31079
21-Post 2...Johnny Isakson....................5074 Hampton Farms Dr.
Marietta 30067
9-Post 3...Jerry D. Jackson..................P.O. Box 7275
Chestnut Mountain 30502
65..........Neal Jackson......................316 N. Broad St.
Monroe 30655
11-Post 2...Mary Jeanette Jamieson............P.O. Box 852
Toccoa 30577
123..........Diane Harvey Johnson..............1201 E. Duffy St.
P.O. Box 5544
Savannah 31414
21-Post 4...Frank B. Johnson..................436 Concord Rd.
Smyrna 30080
72-Post 4...Rudolph Johnson...................5604 Reynolds Rd.
Morrow 30260
76...........Suzi Johnson.......................P.O. Box 277
Orchard Hill 30266
42...........Thomas M. Kilgore..................1992 Tara Circle
Douglasville 30135
125..........Jack Kingston......................30 Wylly Ave.
Savannah 31406
111..........Bob Lane...........................205 Aldred Ave.
Statesboro 30458
27...........Dick Lane..........................2704 Humphries St.
East Point 30344
20-Post 5....Terry D. Lawler....................P.O. Box 189
Clarkdale 30020
49...........Tom Lawrence.......................2283 Stratmor Dr.
Stone Mountain 30087
9-Post 2...Bobby Lawson.......................P.O. Box 53
Gainesville 30503
72-Post 1....Bill Lee...........................5325 Hillside Dr.
Forest Park 30050
70...........Carolyn W. Lee.....................546 Burwell Road
Carrollton 30117
44...........John Linder........................5039 Winding Branch Dr.
Dunwoody 30338
MEMBERS OF THE GENERAL ASSEMBLY CLXXXI
67..........Hugh Logan................
142.........Bobby Long................
107.........Jimmy Lord................
102.........David E. Lucas............
25 ........John M. Lupton............
7..........J. C. Maddox..............
57-Post 2...William C. (Bill) Mangum, Jr.
60..........Charles C. Martin.........
26 ........Jim Martin................
145...........Hugh D. Matthews..........
12..........Lauren (Bubba) McDonald, Jr
15-Post 2...Forrest L. McKelvey.......
35..........J. E. (Billy) McKinney....
81..........Wade Milam................
13-Post 2...Billy Milford.............
153-Post 1....Lundsford Moody...........
139...........James C. Moore............
47..........Chesley V. Morton, Jr.....
75..........John L. Mostiler..........
93..........Roy D. Moultrie...........
126...........Anne Mueller..............
18..........Thomas B. Murphy..........
121 .........Clinton Oliver............
86..........Mike Padgett..............
122 .........James L. (Jim) Pannell....
. 1328 Prince Ave.
Athens 30601
. 1466 6th St., NW
Cairo 31728
. P.O. Box 254
Sandersville 31082
. 448 Woolfolk St.
Macon 31201
. 594 Westover Dr.
Atlanta 30305
P.O. Box 577
Calhoun 30701
, 4320 Pleasant Forest Dr.
Decatur 30034
470 Hill St. .
Buford 30518
Suite 620, 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
Route 1, Box 5
Augusta 30906
218 W. State St.
P.O. Box 10186
Savannah 31412
CLXXXII MEMBERS OF THE GENERAL ASSEMBLY
105...........Bobby Eugene Parham................P.O. Box 606
Milledgeville 31061
109...........Larry J. "Butch Parrish...........224 W. Main St.
Swainsboro 30401
149...........Robert L. Patten...................Route 1, Box 180
Lakeland 31635
2 .........Robert G. (Bob) Peters.............P.O. Box 550
Ringgold 30736
19..........Boyd Pettit........................P.O. Box 1256
Cartersville 30120
120...........L. L. (Pete) Phillips..............P.O. Box 166
Soperton 30457
100 .........Frank C. Pinkston..................P.O. Box 4872
Macon 31208
119 ... ......DuBose Porter......................125 N. Franklin St.
Dublin 31021
135...........Howard H. Rainey...................913 Third Ave., E
Cordele 31015
3 .........Tom Ramsey.........................P.O. Box 1130
Chatsworth 30705
155...........Virginia P. Ramsey.................393 Lake Circle Drive
Brunswick 31520
101 .........William C. (Billy) Randall.........2770 Hillcrest Ave.
Macon 31204
90..........Dick Ransom........................3214 Skinner Mill Road
Augusta 30909
98..........Robert Ray.........................Route 1, Box 189
Fort Valley 31030
147...........Henry L. Reaves....................Route 2, Box 83
Quitman 31643
50..........Frank L. Redding, Jr...............P.O. Box 117
Decatur 30030
52..........Eleanor L. Richardson .............755 Park Lane
Decatur 30033
58..........Cas Robinson.......................4720 Fellswood Dr.
Stone Mountain 30083
96..........Pete Robinson......................3334 Coweta Drive
Columbus 31907
82..........Ben Barron Ross....................P.O. Box 245
Lincolnton 30817
144...........A. Richard Royal...................20 N. Scott St.
Camilla 31730
64..........John D. Russell....................P.O. Box 588
Winder 30680
32..........Mrs. Helen Selman..................Jones Ferry Rd., Box 315
Palmetto 30268
71..........J. Neal Shepard, Jr................P.O. Box 836
Newnan 30264
143...........Allen Sherrod......................Route 1
Coolidge 31738
37..........Georganna T. Sinkfield.............179 Tonawanda Dr., SE
Atlanta 30315
MEMBERS OF THE GENERAL ASSEMBLY CLXXXIII
136......
78......
16......
152......
92......
1-Post 1
66......
46......
69......
31......
20- Post 4
24......
128......
4-Post 2
113 .....
80......
85......
115......
61.......
77.......
114 ......
41.......
132.......
21- Post 5.
48.......
Earleen Sizemore.........
Larry Smith..............
Paul E. Smith............
Tommy Smith..............
Calvin Smyre.............
Michael M. Snow..........
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........
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
Route Two, Box 1595
Chickamauga 30707
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
Larry Walker......................P.O. Box 1234
Perry 31069
Vinson Wall.......................164 E. Oak St.
Lawrenceville 30245
J. Crawford Ware..................P.O. Box 305
Hogansville 30230
Roy H. (Sonny) Watson, Jr.........P.O. Box 1905
Warner Robins 31099
Charlie Watts.....................505 Hardee St.
Dallas 30132
John White........................P.O. Box 3506
Albany 31706
Tom Wilder........................2920 Rockbridge Rd.
Marietta 30066
Betty Jo Williams.................2024 Castleway Dr. NE
Atlanta 30345
CLXXXIV MEMBERS OF THE GENERAL ASSEMBLY
54..........Juanita Terry Williams.............8 E. Lake Dr. NE
Atlanta 30317
6-Post 1...Roger Williams.....................132 Huntington Rd.
Dalton 30720
20-Post 1...Joe Mack Wilson....................77 Church St.
Marietta 30060
9-Post 1...Joe T. Wood........................P.O. Drawer 1417
Gainesville 30503
51..........Ken Workman........................4794 Bexley Drive
Stone Mountain 30083
14..........Charles W. Yeargin.................P.O. Box 584
Elberton 30635
134...........Mary M. Young......................423 Holloway Ave.
Albany 31705
MEMBERS OF THE GENERAL ASSEMBLY CLXXXV
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1985-1986
BY DISTRICTS AND ADDRESSES
District Representative
Address
1-Post 1....Michael M. Snow....................Route Two, Box 1595
Chickamauga 30707
1-Post 2....Forest Hays, Jr....................Route 2
Flintstone 30725
2 .........Robert G. (Bob) Peters.............P.O. Box 550
Ringgold 30736
3 .........Tom Ramsey.........................P.O. Box 1130
Chatsworth 30705
4-Post 1....Carlton H. Colwell.................P.O. Box 850
Blairsville 30512
4-Post 2....Ralph Twiggs.......................P.O. Box 432
Hiawassee 30546
5...........John G. Crawford...................Route 1, Box 518
Lyerly 30730
6-Post 1....Roger Williams.....................132 Huntington Rd.
Dalton 30720
6-Post 2....Philip A. (Phil) Foster............411 College Dr. Apt E 16
Dalton 30720
7...........J. C. Maddox.......................P.O. Box 577
Calhoun 30701
8-Post 1....Wendell T. Anderson, Sr............RFD 4
Canton 30114
8- Post 2..W. G. (Bill) Hasty, Sr.............Route 9, Hilton Way
Canton 30114
9- Post 1..Joe T. Wood........................P.O. Drawer 1417
Gainesville 30503
9-Post 2....Bobby Lawson.......................P.O. Box 53
Gainesville 30503
9-Post 3....Jerry D. Jackson...................P.O. Box 7275
Chestnut Mountain 30502
10............Bill H. Barnett....................P.O. Box 755
Cumming 30130
11-Post 1.....William J. Dover..................."Timbrook, Route 2
Clarkesville 30523
11-Post 2.....Mary Jeanette Jamieson.............P.O. Box 852
Toccoa 30577
12............Lauren (Bubba) McDonald, Jr........Route 5, Dogwood Trail
Commerce 30529
13-Post 1.....Louie Max Clark....................RFD 2
Danielsville 30633
13-Post 2.....Billy Milford......................Route 3
Hartwell 30643
14............Charles W. Yeargin.................P.O. Box 584
Elberton 30635
CLXXXVI MEMBERS OF THE GENERAL ASSEMBLY
15-Post 1....E. M. (Buddy) Childers....
15-Post 2....Forrest L. McKelvey.......
16 .........Paul E. Smith.............
17 .........Bill Cummings.............
18 .........Thomas B. Murphy..........
19 .........Boyd Pettit ..............
20-Post 1....Joe Mack Wilson...........
20-Post 2....A. L. (Al) Burruss........
20-Post 3....Bill Copper...............
20-Post 4....Steve Thompson............
20- Post 5..Terry D. Lawler...........
21- Post 1..Fred Aiken................
21-Post 2....Johnny Isakson............
21-Post 3....Bill Atkins...............
21-Post 4....Frank B. Johnson..........
21-Post 5....Tom Wilder................
22 .........Dorothy Felton............
23 .........Luther S. Colbert.........
24 .........Kiliaen V. R. (Kil) Townsend
25 .........John M. Lupton............
26 .........Jim Martin................
27 .........Dick Lane.................
28 .........Bob Holmes................
29 .........Douglas C. Dean...........
30 .........Paul Bolster..............
28 Surrey Trail
Rome 30161
104 Hooper St., RFD 1
Lindale 30147
2 Saddle Horn Drive
P.O. Box 486
Rome 30162
Route lb 508 Morgan Valley Rd.
Rockmart 30153
P.O. Drawer 1076
Bremen 30110
P.O. Box 1256
Cartersville 30120
77 Church St.
Marietta 30060
P.O. Box 6338
Marietta 30065
2432 Powder Springs Rd.
Marietta 30064
4265 Bradley Dr.
Austell 30001
P.O. Box 189
Clarkdale 30020
4020 Pineview Dr. SE
Smyrna 30080
5074 Hampton Farms Dr.
Marietta 30067
4719 Windsor Dr.
Smyrna 30080
436 Concord Rd.
Smyrna 30080
2920 Rockbridge Rd.
Marietta 30066
465 Tanacrest Dr. NW
Atlanta 30328
495 Houze Way
Roswell 30076
56 Paces West Drive NW
Atlanta 30327
594 Westover Dr.
Atlanta 30305
Suite 620, 161 Spring St.
Atlanta 30303
2704 Humphries St.
East Point 30344
1850 King Geo. Lane, SW
Atlanta 30331
346 Arthur St. SW
Atlanta 30310
660 Woodland Ave., SE
Atlanta 30316
MEMBERS OF THE GENERAL ASSEMBLY CLXXXVII
31 ........Mable Thomas.............
32 ........Mrs. Helen Selman........
33 ........J. C. Daugherty, Sr......
34 ........Tyrone Brooks............
35 ........J. E. (Billy) McKinney
36 ........G. D. Adams..............
37 ........Georganna T. Sinkfield ...
38 ........Lorenzo Benn.............
39 ........John W. Greer............
40 ........Barbara H. Couch.........
41 ........Charlie Watts............
42 ........Thomas M. Kilgore........
43 ........Paul W. Heard, Jr........
44 ........John Linder..............
45 ........J. Max Davis.............
46 ........Cathey W. Steinberg......
47 ........Chesley V. Morton, Jr....
48 ........Betty Jo Williams........
49 ........Tom Lawrence.............
50 ........Frank L. Redding, Jr.....
51 ........Ken Workman..............
52 ........Eleanor L. Richardson....
53 ........Mrs. Mobley (Peggy) Childs,
54 ........Juanita Terry Williams---
55 ........Betty J. Clark...........
. P.O. Box 573
Atlanta 30301
. Jones Ferry Rd., Box 315
Palmetto 30268
. 202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
. Station A, P.O. Box 11185
Atlanta 30310-0185
. 765 Shorter Terrace NW
Atlanta 30318
. 3417 Northside Dr.
Hapeville 30354
. 179 Tonawanda Dr., SE
Atlanta 30315
. 579 Fielding Lane SW
Atlanta 30311
925 Healey Bldg.
Atlanta 30303
2864 W. Roxboro Rd. NE
Atlanta 30324
505 Hardee St.
Dallas 30132
1992 Tara Circle
Douglasville 30135
102 Camp Creek Court
Peachtree City 30269
5039 Winding Branch Dr.
Dunwoody 30338
1177 W. Nancy Creek Dr. NE
Atlanta 30319
1732 Dunwoody Place NE
Atlanta 30324
3580 Coldwater Canyon Ct.
Tucker 30084
2024 Castleway Dr. NE
Atlanta 30345
2283 Stratmor Dr.
Stone Mountain 30087
P.O. Box 117
Decatur 30030
4794 Bexley Drive
Stone Mountain 30083
755 Park Lane
Decatur 30033
520 Westchester Dr.
Decatur 30030
8 E. Lake Dr. NE
Atlanta 30317
P.O. Box 17852
Atlanta 30316
CLXXXVIII
MEMBERS OF THE GENERAL ASSEMBLY
56...........Betty Aaron.. .....................3920 Johns Hopkins Ct.
Decatur 30034
57-Post 1....Troy A. Athon......................1161 Valley Dr. NE
Conyers 30207
57-Post 2....William C. (Bill) Mangum, Jr.......4320 Pleasant Forest Dr.
Decatur 30034
57-Post 3....Dean Alford........................20 Willowick Dr.
Lithonia 30058
58 .........Cas Robinson.............-.........4720 Fellswood Dr.
Stone Mountain 30083
59 .........O. M. (Mike) Barnett...............4779 St. Moritz Drive
Lilburn 30247
60 .........Charles C. Martin..................470 Hill St.
Buford 30518
61 .........Vinson Wall........................164 E. Oak St.
Lawrenceville 30245
62 .........Charles E. Bannister...............312 Emily Dr.
Lilburn 30247
63 .........Bill Goodwin.......................3823 Club Forest Dr.
. Norcross 30092
64 .........John D. Russell....................P.O. Box 588
Winder 30680
65 ........... Neal Jackson....................316 N. Broad St.
Monroe 30655
66 .........Frank E. Stancil...................P.O. Box 694
Watkinsville 30677
67 .........Hugh Logan......................... 1328 Prince Ave.
Athens 30601
68 .........Bob Argo ..........................P.O. Box 509
Athens 30603
69 .........Charles Thomas.....................P.O. Box 686
Temple 30179
70 .........Carolyn W. Lee.....................546 Burwell Road
Carrollton 30117
71 .........J. Neal Shepard, Jr................P.O. Box 836
Newnan 30264
72-Post 1....Bill Lee...........................5325 Hillside Dr.
Forest Park 30050
72-Post 2....Jimmy W. Benefield.................6656 Morning Dove Place
Jonesboro 30236
72-Post 3....C. E. (Ed) Holcomb.................P.O. Box 122
Jonesboro 30237
72-Post 4....Rudolph Johnson....................5604 Reynolds Rd.
Morrow 30260
72-Post 5....Frank I. Bailey, Jr................P.O. Box 777
Riverdale 30274
73 .........Wesley Dunn........................P.O. Box 353
McDonough 30253
74 .........Denny M. Dobbs.....................329 Harold Dobbs Road
Covington 30209
75 .........John L. Mostiler...................150 Meadovista Dr.
Griffin 30223
MEMBERS OF THE GENERAL ASSEMBLY CLXXXIX
Suzi Johnson.......
J. Crawford Ware ...
Larry Smith........
Marvin Adams.......
Kenneth Waldrep ...
Wade Milam.........
Ben Barron Ross
James P. (Jim) Hill..
Bobby Harris.......
Charles W. Walker ..
Mike Padgett.......
Jack Connell.......
George M. Brown....
Don Cheeks.........
Dick Ransom........
Claude A. Bray, Jr...
Calvin Smyre.......
Roy D. Moultrie....
Sanford D. Bishop, Jr.
Thomas B. Buck III..
Pete Robinson......
Mary Jane Galer....
Robert Ray.........
Denmark Groover, Jr.
Frank C. Pinkston...
. 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.O. Box 245
Lincolnton 30817
471 Stevens Creek Rd.
Martinez 30907
Rt. 5, Box 593
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
3214 Skinner Mill Road
Augusta 30909
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
3334 Coweta Drive
Columbus 31907
7236 Lullwater Rd.
Columbus 31904
Route 1, Box 189
Fort Valley 31030
P.O. Box 755
Macon 31202
P.O. Box 4872
Macon 31208
cxc
MEMBERS OF THE GENERAL ASSEMBLY
101
102
103
104
105
106
107
108
109
110
111
112
113
William C. (Billy) Randall..
David E. Lucas..........
Frank Horne.............
Kenneth (Ken) W. Birdsong
Bobby Eugene Parham.
Jesse Copelan, Jr.......
Jimmy Lord..............
Emory E. Bargeron.......
Larry J. "Butch Parrish...
John F. Godbee..........
Bob Lane ...............
Ward Edwards............
Ted W. Waddle...........
2770 Hillcrest Ave.
Macon 31204
448 Woolfolk St.
Macon 31201
850 Walnut St.
Macon 31201
Route 1
Gordon 31031
P.O. Box 606
Milledgeville 31061
P.O. Box 109
Eatonton 31024
P.O. Box 254
Sandersville 31082
P.O. Box 447
202 E. Fifth St.
Louisville 30434
224 W. Main St.
Swainsboro 30401
401 Lane St.
Brooklet 30415
205 Aldred Ave.
Statesboro 30458
P.O. Box 146
Butler 31006
113 Tanglewood Dr.
Warner Robins 31093
114 .........Roy H. (Sonny) Watson, Jr.........P.O. Box 1905
Warner Robins 31099
115 ......... Larry Walker.....................P.O. Box 1234
Perry 31069
116 .........George Hooks.......................P.O. Box 928
Americus 31709
117 .........Newt Hudson.......................Route 1, Box 29-A
Rochelle 31079
118 .........Terry L. Coleman...................P.O. Box 157
Eastman 31023
119 .........DuBose Porter.......................125 N. Franklin St.
Dublin 31021
120 .........L. L. (Pete) Phillips..............P.O. Box 166
Soperton 30457
121 .........Clinton Oliver.....................P.O. Box 237
Glennville 30427
122 .........James L. (Jim) Pannell...........218 W. State St.
P.O. Box 10186
Savannah 31412
123 .......... Diane Harvey Johnson..........1201 E. Duffy St.
P.O. Box 5544
Savannah 31414
124 .........DeWayne Hamilton................P.O. Box 14562
Savannah 31406
MEMBERS OF THE GENERAL ASSEMBLY
CXCI
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143 .
144 .
145.
146.
147 .
148.
149.
150.
. Jack Kingston.....
. Anne Mueller......
. Roy L. Allen......
. Tom Triplett........
. George A. Chance, Jr.
. Gerald E. Greene....
, Bob Hanner........
John White.........
Tommy Chambless...
Mary M. Young......
Howard H. Rainey...
Earleen Sizemore....
Paul S. Branch, Jr...
Henry Bostick......
James C. Moore.....
Ralph J. Balkcom ...
Walter E. Cox......
Bobby Long.........
Allen Sherrod......
A. Richard Royal....
Hugh D. Matthews ..
Hanson Carter......
Henry L. Reaves ....
James M. Beck......
Robert L. Patten
Tom Crosby, Jr.....
, 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 31602
Route 1, Box 180
Lakeland 31635
705 Wacona Dr.
Waycross 31501
CXCII MEMBERS OF THE GENERAL ASSEMBLY
151 .........Harry D. Dixon....................1303 Coral Rd.
Waycross 31501
152 .........Tommy Smith............,..........Route 1
Alma 31510
153-Post 1....Lunsford Moody....................Route 1, Box 205
Baxley 31513
153-Post 2....Roger C. Byrd.....................P.O. Box 756
Hazlehurst 31539
154 .........James M. Floyd....................Rt. 1, Box 23
Hinesville 31313
155 .........Virginia P. Ramsey................393 Lake Circle Drive
Brunswick 31520
156 .........Dean G. Auten.....................628 King Cotton Row
Brunswick 31520
RESULTS OF REFERENDUM ELECTIONS
CXCIII
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1985
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 ............
1985 ............
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
25
1005
Election
Results
Not Known
1
5
1
4
Not
Held
1
1
1
2
1
1
1
2
5
3
1
2
2
1
3
1
5
1
2
1
1
8
50
4
2
2
3
3
54
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
14
901
REFERENDUM ELECTIONS
The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are
provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority
holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election
shall be sent to the Secretary of State at the same time.
Georgia Laws 1953, January-February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Carroll ..
Chatham
DeKalb ..
Franklin .
Gilmer ..
Gilmer ..
Gwinnett
Irwin
Mitchell .
Murray ..
Murray ..
Murray ..
Troup ...
Whitfield
Town Mt. Zion ...........
Taxation.................
County Commissioners ....
County Commissioners ....
City of Ellijay..........
City of Ellijay..........
City of Lawrenceville ...
Tax Commissioner.........
City of CamillaTreasurer
Town of Spring Place.....
City of Chatsworth.......
Tax Commissioner.........
City of West Point.......
City Court of Dalton.....
4-21-53
4- 1-53
3-26-53
For 55
Agn 30
For 4445
Agn8483
For1152
Agn 565
For 69
Agn 151
For* 69
Agn 151
For 55
Agn 61
For 568
Agn 694
For 36
Agn 48
Election Results
Not Known
For 553
Agn 261
For 250
Agn 112
For 210
Agn2613
CXCIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1953, November-December session:
County
Page
No.
SUBJECT
Date of
Election
Result
Burke ...
Cherokee
Clayton ..
Clayton ..
Clayton ..
Coweta ..
Crisp
Decatur....
DeKalb
Early......
Elbert.....
Forsyth
Greene
Habersham
2049
2668
2855
2029
2064
2040
2407
2197
2578
2282
2987
2674
2455
2745
County Commissioners...............
Certain County Officerscompensation
City of Forest Park................
City of Jonesboro..................
City of Lake Tara .................
City of Newnan ....................
City of Cordele...................I
City of West Bainbridge
City of Decatur.......
City of Blakely.......
City of Elberton......
County indebtedness ...
County Commissioners .
City of Clarkesville ....
9- 8-54
11- 2-54
12- 9-53
2- 6-54
10- 5-54
1- 11-54
10-21-54
4-19-54
3- 23-54
3-23-54
2- 16-54
For1833
Agn 648
For 913
Agn 674
Election Results
Not Known
For 64
Agn 229
Election Results
Not Known
For -eJ. 406
Agn 603
City vote:
For202; Agn132
County vote:
For 23: Agn252
For 200
Agn 527
For 466
Agn 827
For . 45
Agn| 82
For 958
Agn'248
Election Results
Not Known
For 1637
Agn1807
For 154
Agn 164
RESULTS OF REFERENDUM ELECTIONS CXCV
Georgia Laws 1953, November-December session:
City of Thomson
City Court of Miller County
City of Augusta
City of Augusta
City of Americus
City of West Point
County Commissioners
County Commissioners
City of Athens/Clarke Countyschool systems
City of Morrow
City of College Park
CXCVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1955:
County
Page
No.
SUBJECT
Date of
Election
Result
DeKalb
2806
Form of government
City Court of Elberton ............
City of Hapeville .................
City of Lawrenceville .............
Tax Commissioner...................
Certain County Officerscompensation
City of Warner Robins..............
City of Commerce ..................
City of Dublin.....................
County Commissioners...............
Certain County Officerscompensation
City of Tifton.....................
City of Jesup......................
5-18-55
3- 7-56
(1)
(2)
Single Com.
For 750
Multiple Com.
For 5013
Co. Exec.
For 2728
Co. Manager
For 2733
For 4471
Agn 522
Election Results
Not Known
For 25
Agn 89
For -r2163
Agn 775
For 2144
Agn 826
For 234
Agn 547
For -
Agn-
For-
Agn-
For-
Agn-
For -
Agn-
For-
Agn-
- 582
-1327
- 337
- 109
- 610
- 877
- 764
- 270
- 383
- 206
RESULTS OF REFERENDUM ELECTIONS CXCVII
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Baldwin .
Baldwin .
(1 of 2)
Baldwin .
(1 of 2)
Baldwin .
Banks ...
Barrow ...
Carroll ...
Carroll ...
Chattooga.
Clayton ..
(1 of 2)
Clayton ..
(1 of 2)
Clayton ..
Clayton & Fulton
Colquitt ........
Colquitt ........
2725
2865
2865
3003
2056
3100
2797
2877
2899
2040
2040
2518
2744
2399
2403
County Commissioners................
City of Milledgeville ..............
City of Milledgeville ..............
City of Milledgeville ..............
Sheriffcompensation ...............
City of Winder ......................
City Court of Carrollton.............
City of Whitesburg...................
County Commissioner.................
City of Forest Park.................
City of Forest Park.................
City of Mountain View...............
City of College Park ...............
Certain County Officerscompensation
Tax Commissioner....................
4- 3-56
7-18-56
10- 15-56
7-18-56
3-14-56
5- 4-56
11- 6-56
9-12-56
3- 24-56
4- 28-56
2-28-56
2-28-56
For1394
Agn1385
For 107
Agn 58
For 463
Agn 243
For 12
Agn 51
For 1054
Agn1378'
ForT-_ 13
Agn 103
For1305
Agn2344
Election Results
Not Known
For 2142
Agn1167
Election Results
Not Known
Election Results
Not Known
For 341
Agn 44
For 28
Agn 1 22
For 3864
Agn2411
For 3939
Agn2540
CXCVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Colquitt
DeKalb .
DeKalb ..
(1 of 2)
DeKalb ..
(1 of 2)
Fayette ..
Glascock .
Gwinnett
Hall.....
2830
2932
3237
3237
2022
3507
2502
3166
City of Moultrie.....................
City Court of Decatur................
Multiple commission form of government
Commission Chairman..................
Tax Commissioner.....................
Sheriffcompensation ................
Tax Commissioner.....................
City of Lula.........................
10- 1-56
5-16-56
5-16-56
5-16-56
2- 25-56
3- 14-56
11- 6-56
3-27-56
For
Agn
For
Agn
For: (a)-
12,520
5,846
18,393
2,001
4,743
For: (b)15,300
For
Agn
For
Agn
For
Agn-
292
37
498
227
3,383
1,641
Belton vote:
For64; Agn2
Lula vote:
For35; Agn3
*West Moultrie Area:
Colonial Heights Area:
Crestwood Gardens Area:
East Moultrie Area:
Tifton Highway Area:
Sylvester Drive Area:
Area 1-West Moultrie Area
Area 2-Colonial Heights Area:
Area 3-Crestwood Gardens Area:
Area 4-East Moultrie Area:
Area 5-Tifton Highway Area:
Area 6-Sylvester Drive Area:
For1986; Agn169
For2002; Agn159
For2005; Agn167
For2004; Agn165
For1989; Agn173
For1976; Agn175
For 99; Agn 57
For145; Agn 83
For 27; Agn 87
For 41; Agn147
City vote:
For
For
29; Agn107
78; Agn144
Area vote:
RESULTS OF REFERENDUM ELECTIONS CXCIX
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Baldwin ........
Baldwin ........
: (1 of 2)
Baldwin ........
(1 of 2)
Baldwin ........
Banks ..........
Barrow..........
Carroll ........
Carroll ........
Chattooga.......
Clayton.........
(1 of 2)
Clayton.........
(1 of 2)
Clayton.........
Clayton & Fulton
Colquitt .......
Colquitt .......
County Commissioners................
City of Milledgeville ..............
City of Milledgeville ..............
City of Milledgeville ..............
Sheriffcompensation ...............
City of Winder .....................
City Court of Carrollton............
City of Whitesburg..................
County Commissioner.................
City of Forest Park.................
City of Forest Park.................
City of Mountain View...............
City of College Park ...............
Certain County Officerscompensation
Tax Commissioner....................
9-12-56
3- 24-56
4- 28-56
2-28-56
2-28-56
For1394
Agn1385
For 107
Agn 58
For 463
Agn 243
For 12
Agn 51
For 1054.
Agn1378
For 13
Agn? 103
For 3-1305
Agn2344
Election Results
Not Known
For 2142
Agn1167
Election Results
Not Known
Election Results
Not Known
For 341
Agn 44
For 28
Agn 22
For 3864
Agn2411
For3939
Agn2540
CXCVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Colquitt
DeKalb .
DeKalb ..
(1 of 2)
DeKalb ..
(1 of 2)
Fayette ..
Glascock .
Gwinnett
Hall.....
2830
2932
3237
3237
2022
3507
2502
3166
City of Moultrie.....................
City Court of Decatur................
Multiple commission form of government
Commission Chairman..................
Tax Commissioner.....................
Sheriffcompensation ................
Tax Commissioner.....................
City of Lula..........................
10- 1-56
5-16-56
5-16-56
5-16-56
2- 25-56
3- 14-56
11- 6-56
3-27-56
For 12,520
Agn 5,846
For 18,393
Agn 2,001
For:(a), 4,743
For: (b)15,300
For-
Agn
For
Agn
For
Agn
292
37
498
227
3,383
1,641
Belton vote:
For64; Agn2
Lula vote:
For35; Agn3
West Moultrie Area:
Colonial Heights Area:
Crestwood Gardens Area:
East Moultrie Area:
Tifton Highway Area:
Sylvester Drive Area:
Area 1-West Moultrie Area:
Area 2-Colonial Heights Area:
Area 3-Crestwood Gardens Area:
Area 4-East Moultrie Area:
Area 5-Tifton Highway Area:
Area 6-Sylvester Drive Area:
For1986; Agn169
For2002; Agn159
For2005; Agn167
For2004; Agn165
For1989; Agn173
For1976; Agn175
For 99; Agn 57
For145; Agn 83
For 27; Agn 87
For 41; Agn147
For 29; Agn107
For 78; Agn144
City vote:
Area vote:
RESULTS OF REFERENDUM ELECTIONS CXCIX
Georgia Laws, 1956:
County
Houston ,.
Jackson...
Laurens ..
Miller ....
Murray ...
Muscogee .
Newton ...
Richmond .
Spalding .,
Thomas ..
Thomas ..
Troup ...
Page
No.
SUBJECT
City of Warner Robins
City Court of Jefferson............
City of Dublin.....................
Voting machines ...................
City of Chatsworth.................
City of Columbus...................
City of Covington..................
City of Augusta ...................
City of Griffin....................
Certain County Officerscompensation
Tax Commissioner...................
City of Hogansville ...............
Date of
Election
5- 8-56
9-12-56
Not held
9-12-56
8- 25-56
9- 12-56
5- 1-56
4-18-56
4-17-56
4-24-56
4-24-56
7-18-56
Result
For" 215
Agn 30
For 972
Agn1556
For 231
Agn 580
For 77 .
Agn 109
City vote:
For6179; Agn2356
Outside city vote:
For 516; Agn2070
For 109
Agnjlffi 90
For7769
Agn3734
City vote:
For 948; Agn 595
Affected area:
For-|365; Agn 400
For 902
AgnS- 939
For 876
Agn 957
City vote:
For 216; Agn 117
Outside city vote:
For 41, Agn 159
RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1956:
County
Page
No.
SUBJECT
Date of
Election
Result
Troup ...
Troup ...
Walker ..
Whitfield
3078
3423
2995
2093
City of Hogansville ...
City of North West Point
Town of Linwood.......
City of Dalton........
7-18-56
4-25-56
3-15-56
For 257
Agn 276
For 34
Agn 111
Election Results
Not Known
For 985
Agn1831
3-12-57
7-26-57
3-20-57
2-27-57
2-27-57
5- 4-57
5-29-57
For 1010
Agn 314
ForSl^Agn14
Area 2:
For312; Agn14
Area 3:
For313; Agn13
For 422
Agn 128
For 617
Agn2112
For 714
Agn2047
For 73
Agn 181
For 485
Agn 99
Georgia Laws, 1957:
Bartow
Bulloch
Chatham
Clarke ...
Clarke ...
Cobb ....
Coffee ...
2048
2877
2003
2033
2036
3020
2833
City of Cartersville
City of Statesboro .
City of Port Wentworth
City of Athens......
City of Athens......
City of Acworth ....
City of Douglas.....
RESULTS OF REFERENDUM ELECTIONS CCI
Georgia Laws, 1957:
County
Page
No.
SUBJECT
Date of
Election
Result
Colquitt ..
Cook .....
Dougherty
Douglas...
Emanuel..
Gwinnett .
Hancock ..
Henry
Miller
Pickens ...
Pickens ...
Polk......
3317
2400
2185
City of Moultrie.....
County Commissioners
City of Albany ......
City of Douglasville ...
City of Swainsboro ....
City of Lawrenceville .
City of Sparta.......
County Commissioners
County Commissioners
Town of Jasper.......
Town of Jasper.......
City of Cedartown ....
10-14-57
4- 17-57
5- 8-57
For 25
Agn 53
For 227
Agn 364
For 325
Agn 720
City vote:
For50; Agn 53
Affected area:
For 2; Agn164
City vote:
For: Area 1 and 2
Outside city vote:
For: Area 2
Agn: Area 1
For 27
Agn 4
For 784
Agn 924
Majority vote for
$5 per meeting
City vote:
For78; Agn 12
Outside city vote:
For15; Agn213
For 75
Agn 10
For 656
Agn 934
CGII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1957:
County
Page
No.
SUBJECT
Date of
Election
Result
Pulaski ...
Spalding ..
Twiggs ...
Walker
Wilkinson
3353
2809
3002
2419
2383
City of Hawkinsville ..
City of Griffin......
County Commissioners
Town of Linwood......
Town of McIntyre ....
4-30-57
4- 30-57
5- 22-57
4- 27-57
5- 25-57
For 115
Agn 266
For 552
Agn 317
For 156
Agn 174
For 71
Agn 29
For 49
Agn 18
Georgia Laws, 1958:
Bacon ...
Baldwin .
Barrow ..
Bartow ..
Bartow ..
Brooks...
Chatham
Chatham
City of Alma......................
County Commissioner...............
City of Winder ...................
Tax Commissioner..................
Certain County Officerscompensation
City of Quitman...................
Town of Thunderbolt ..............
City of Savannah..................
For 206
Agn 197
For 932
Agn 717
For 131
Agn 229
For3590
Agn1254
For 3462
Agn1356
For 173
Agn 74
For 291
Agn 115
For 4024
Agn2283
RESULTS OF REFERENDUM ELECTIONS CCIII
Date of
Election
11- 4-58
5- 7-58
5- 7-58
5-19-58
5- 14-58
6- 3-58
5-19-58
5-14-58
7- 16-58
7-14-58
(Area 6)
7-21-58
(Area 7)
7-28-58
(Area 8)
5-10-58
Result
For 55
Agn 30
Forf^ 119
Agn 483
ForJ 223
Agn 37
Election Results
Not Known
Election Results
Not Known
For 53; Agn 1
For-110; Agn79
For 31; Agn27
City area vote:
For 41; Agn 1
Affected area:
For 91; Agn41
Georgia Laws, 1958:
County
Chattahoochee ..
Cherokee .......
Cherokee .......
Clayton.........
Clayton.........
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Colquitt .......
DeKalb
Page
No.
2554
2437
2661
3022
3397
2309
2363
2721
2453
2854
3212
2441
3318
SUBJECT
Sheriffcompensation
City of Canton......
City of Canton......
City of Mountain View
City of Forest Park
City of College Park ..
City of College Park ..
City of College Park ..
City of College Park ..
City of College Park ..
City of East Point
City of Moultrie....
City of Chamblee
CCIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1958:
County
Dodge ...
Early___
Emanuel.
Fannin .,
Franklin
Gordon .
Page
No.
SUBJECT
County Commissioners
City of Blakely......
City of Swainsboro ....
City of Blue Ridge
City of Carnesville
City of Calhoun ..
Date of
Election
3-18-58
8-12-58
10-13-58
5-17-58
4-22-58
3-26-58
Result
For 571
Agn2997
For 559
Agm-^96
Parcel # 1-City vote:
For227; Agn15
Outside city:
For143; Agn54
Parcel # 2-City vote:
For229; Agn15
Outside city:
For 39; Agn40
Parcel # 3-City vote:
For230; Agn14
Outside city:
For 24; Agn28
For~ 162
Agn 282
For 33
Agn 21
City vote:
For234; Agn 75
County vote:
For203; Agn256
RESULTS OF REFERENDUM ELECTIONS CCV
TV
Georgia Laws, 1958:
County
Page
No.
Henry ...
Henry ...
Jasper ...
Jeff Davis
Lowndes .
Newton ..
Polk....
3198
3367
2921
SUBJECT
City of Gainesville
City of Bremen....................
Certain County Officerscompensation
City of Stockbridge ..............
City of Hampton .................
City of McDonough.................
City of Monticello ...............
County Commissioners..............
City of Valdosta .................
City of Covington.................
Town of Van Wert..................
Date of
Election
4- 1-58
Not Held
5- 21-58
4-30-58
4-30-58
6- 3-58
4-19-58
4-14-58
7- 9-58
9-10-58
Result
For 925
Agn 169
For 346
Agn 206
City vote:
For61; Agn 75
Outside City:
For16; Agn116
City vote:
For92; Agn3
Outside City:
For37; Agn9
Election Results
Not Known
City vote:
For147; Agn107
Outside City:
For 15; Agn 50
For1025
Agn 901
For 907
Agn 243
For 151
Agn 460
For 7
Agn 57
CCVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1958:
County
Pulaski .
Putnam
Tift
Page
No.
2826
2980
2696
SUBJECT
Tax Commissioner.............
City of Eatonton............
City of Tifton (2 elections held)
City of Tifton..............
City of Manor...............
County Commissioners........
County Commissioners........
Georgia Laws, 1959:
Bartow
Bartow
Bartow
Bartow
City of Cartersville ..................
City of Cartersville ..................
City of Adairsville....................
City of White(Sec. 2) (2 elections held)
Date of
Election
11- 4-58
6-11-58
4- 30-58
5- 7-58
5-17-58
11- 4-58
Not held
4-29-59
4- 29-59
5- 12-59
5-16-59
Result
For 222
Agn 235
For 42
Agn 257
City vote:
For669; Agn43
Outside City:
For333; Agn286
Election Results
Not Known
For 19
Agn 100
For 749
Agn 98
For 79
Agn 154
For 3
Agn 21
For 77
Agn 120
County Election, Sec. 2:
For7; Agn36
City Election:
For27; Agn45
RESULTS OF REFERENDUM ELECTIONS CCVII
Georgia Laws, 1959:
County
Page
No.
SUBJECT
Date of
Election
Result
Bartow .........
Catoosa.........
Chattooga.......
Cherokee .......
Clayton & Fulton
Clayton &sFulton
Clayton & Fulton
Clayton & Fulton
Cobb & Douglas
Cobb & Douglas
Cobb & Douglas
Cobb & Douglas
Colquitt ......
Dougherty......
Dougherty......
City of Kingston...................
County Commissioners...............
City of Summerville ...............
Certain County Officerscompensation
City of College Park ..............
City of College Park ..............
City of College Park .............
City of College Park ..............
City of AustellParcel #2..........
City of AustellParcel #3..........
City of AustellParcel #1..........
City of AustellParcel #4..........
City of Norman Park ................
County Commissioners ...............
City of Albany .....................
For 49
Agn 2
For 718
Agn2430
For 160
Agn 462
For 1522
Agn 509
For 14
Agn 38
For 0
Agn 0
For 5
Agn ' 0
For 3
Agn 0
For 7
Agn 8
For -M 2
Agn 11
For 5
Agn 49
For 14
Agn 15
For 50
Agn 81
For 755
Agn 417
For 1413
Agn 710
CCVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1959:
County
Page
No.
SUBJECT
Date of
Election
Result
Douglas
Elbert.....
Elbert.....
Elbert.....
Emanuel...
Gwinnett ..
Habersham
McDuffie ...
Meriwether &
Talbot.......
Newton
Polk ...
2871
2627
2621
2624
2592
3161
2178
2568
2534
2780
2171
City of Lithia Springs.............
County Commissioners...............
Tax Commissioner...................
Certain County Officerscompensation
City of Twin City..................
City of Dacula.....................
City of Cornelia ..................
Certain County Officerscompensation
City of Manchester ................
City of Oxford.....................
City of Cedartown ................
4- 8-59
4- 8-59
4- 8-59
4- 8-59
5- 4-59
5- 9-59
4-13-59
6- 30-59
4- 1-59
5- 1-59*
5-19-59
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For -
Agn-
For -
Agn-
For -
Agn-
- 241
- 569
- 804
- 436
-1041
- 203
-1014
- 228
- 200
- 162
- 82
- 45
- 102
- 91
- 502
- 75
For 109
Agn 30
For 30
Agn 36
City vote:
For387; Agn 75
County vote:
For 86; Agn291
RESULTS OF REFERENDUM ELECTIONS CCIX
Georgia Laws, 1959:
County
Page
No.
SUBJECT
Date of
Election
Result
Polk ...
Toombs
Turner
Union .
2732
2010
2575
2053
Certain County Officerscompensation
County Commissioners...............
County Commissioners...............
County Commissioners...............
3- 16-60
4- 8-59
Not Held
3-17-59
For 4388
Agn1624
For 1510
Agn 827
For 810
Agnt1629
Georgia Laws, 1960:
Banks .
Berrien
Bibb ...
Chatham .......
Chattooga......
Clarke ........
Cobb ..........
Coweta ........
Douglas & Cobb .
3035
3301
3223
2273
2715
2234
2127
3020
2118
County Commissioners
City of Nashville ...
Macon-Bibb County ...
Town of Thunderbolt
Town of Trion......
City of Athens.....
City of Smyrna.....
City of Newnan ....
City of Austell ...
9-14-60
11- 8-60
6- 1-60
1-17-61
5- 5-60
4-13-60
4-30-60
3-26-60
For 1197
Agn 767
For 466'
Agn 418
City vote:
For4598; Agn4288
Outside City vote:
For 1902; Agn7368
Payne City vote:
For 37; Agn 55
For 151
Agn 283
For 53
Agn 25
For 276
Agn 522
Election Results
Not Known
For 320
Agn 146
For 27
Agn 38
CCX RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1960:
County
Page
No.
SUBJECT
Date of
Election
Result
Dodge ..
DeKalb .
Emanuel
Evans ..
Franklin.......
Fulton & Clayton
Fulton & Clayton
Greene ........
Greene ........
Henry..........
Houston
Jefferson
2608
3158
2360
2251
2143
2849
2854
3089
3093
3297
2605
2913
Town of Rhine ......
City of Decatur.....
County Commissioners
City of Claxton.....
County Commissioner Advisory Board .
City of College Park ...............
City of College Park ...............
Tax Commissioner....................
Certain County Officerscompensation
City of McDonough...................
Tax Commissioner
Town of Avera ...
4- 27-60
11- 8-60
5- 5-60
3- 9-60
5-14-60
5-16-60
4- 28-60
4- 28-60
5- 18-60
11- 8-60
For 146
Agn 4
Election Results
Not Known
For 877
Agn2080
Proposed Area:
For 32; Agn 62
Within City vote:
For379; Agn107
For 2296
Agn1038
For 6
Agn 0
For 21
Agn 15
For 801
Agn 823
For 822
Agn 835
Inside City vote:
For61; Agn35
Outside City vote:
For41; Agn83
For 4059
Agn 959
Election Results
Not Known
O
o
RESULTS OF REFERENDUM ELECTIONS
Date of
Election
5-11-60
3- 30-60
4- 15-60
4-27-60
3-15-60
Not Held
3-22-60
9-14-60
9-14-60
9-14-60
Result
Fo**?* 131
Agn 193
For 1096
Agn-G 573
For 87
AgnIg 656
Election Results
Not Known
Election Results
Not Known
Election Results
Not Known
Election Results
Not Known
City of Camilla
For45; Agn15
Mitchell County
For 8; Agn-^ 1
For 1894
Agn 332
For*-; 74
Agn 50
For 798
Agn 962
For^3 803
Agn' 952
For 805
Agn 949
Georgia Laws, 1960:
County
Lamar
Liberty
Lowndes .
McIntosh
McIntosh
McIntosh
McIntosh
Mitchell .
Morgan ..
Murray ..
Polk.....
Pulaski ..
Pulaski ..
Pulaski ..
Page
No.
2294
2237
3125
2888
2893
2899
2904
2301
2518
3180
2111
2991
2995
2998
SUBJECT
Certain County Officerscompensation
County Commissioners................
City of Valdosta....................
Clerk Superior Court ...............
Sheriff.............................
Tax Commissioner....................
Ordinary............................
City of Camilla.....................
Certain County Officerscompensation
City of Spring Place ...............
City of Cedartown ..................
Clerk Superior Court ...............
Tax Collector.......................
Ordinary............................
CCXII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1960:
County
Page
No.
SUBJECT
Date of
Election
Result
Pulaski ..
Pulaski ..
Rabun ...
Rockdale.
Stewart..
Walton ..
Walton ..
Walton ..
Wayne...
Whitfield
Whitfield
Whitfield
Sheriff...............................
Tax Receiver...........................
City of Clayton ......................
City of Conyers.......................
County Commissioner and Advisory Board
Certain County Officerscompensation ...
County Commissioners..................
Tax Commissioner......................
County Commissioners..................
County Commissioner...................
Certain County Officerscompensation ...
Tax Commissioner......................
For 810
Agn 953
For 777
Agn 952
For 46
Agn 160
For 134
Agn 283
For 418
Agn 297
For 3092
Agn 918
For 2748
Agn1117
For 3181
Agn 900
For 458
Agn1672
For 955
Agn1042
For 1272
Agn 746
For 1227
Agn 806
RESULTS OF REFERENDUM ELECTIONS CCXIII
Georgia Laws, 1961:
County
Page
No.
SUBJECT
Date of
Election
Result
Appling..
Bartow ..
Bartow ..
Bartow ..
Bibb.....
Carroll ..
Chatham
Chatham .
Chattooga.
Colquitt ..
3118
2969
City of Baxley.....
City of Cartersville
City of Cartersville
City of Cartersville
City of Macon......
City of Carrollton ..
City of Savannah ..
Civil Service System
City of Summerville
City of Moultrie ....
4- 18-61
6-10-61
6-10-61
6-10-61
5- 24-61
5-20-61
5-10-61
4- 20-61
5- 27-61
Not held
For 514
Agns^ 292
For 6
Agn 44
For 29
Agn 20
For 205 -
Agn 159
City vote:
For1560; Agn 445
Outside City vote:
For12,269;
Agn9037
For 267
Agn 764
City of Savannah:
For9176; Agn1679
Zone No. 1:
For 886; Agn 759
Zone No. 2:
For 123; Agn 277
For 137
Agn 144
For 338
Agn 241
CCXIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1961:
County
Page
No.
SUBJECT
Date of
Election
Result
Early ..
Early ..
Forsyth
Gwinnett
Gwinnett ..
Laurens ...
Meriwether
Meriwether
Meriwether
Meriwether
Meriwether
Monroe
2245
2260
2252
2583
3156
2598
2760
3058
3223
3416
3456
2994
City of BlakelyNorth City Limits.
City of BlakelySouth City Limits .
City of Cumming...............
City of Nor cross
City of Suwanee....................
City of Dublin.....................
City of Manchester ................
Board of County Commissioners .....
County Treasurer...................
Tax Commissioner-compensation......
Certain County Officerscompensation
City of Forsyth....................
6-13-61
6-14-61
4- 1-61
5- 20-61
4- 29-61
8-2-61
5- 3-61
5-31-61
5-31-61
5-31-61
5-31-61
10- 4-61
For 61
Agn 56
For 35
Agn 56
City vote:
For108; Agn 26
Outside City vote:
For 41; Agn142
City vote:
For 45; Agn 25
Outside City vote:
For 21; Agn 43
For 56
Agn 15
For1077
Agn 463
For 614
Agn 322
For 860
Agn 320
For 680
Agn 493
For 940
Agn 243
For 938
Agn 254
For 668
Agn 245
RESULTS OF REFERENDUM ELECTIONS CCXV
Georgia Laws, 1961:
County
Page
No.
SUBJECT
Date of
Election
Result
Murray
Pike ...
Polk ...
Sumter
Troup .
3403
2704
2931
3251
2650
City of Spring Place
City of Zebulon...
City of Rockmart ...
City of Americus ...
City of West Point ..
6-24-61
5- 6-61
12- 2-61
5- 9-61
4-26-61
For 24
Agn 19
For 52
Agn 1
See below*
For 331
Agn 954
For 143
Agn 224
Result: City of RockmartFor: 669; Agn
Ward 1 For: 22; Agn
Ward 2 For: 0; Agn
Ward 3 For? 0; Agn
Ward 4 For: 6; Agn
Ward 5 For: 0; Agn
174
36
17
0
69
1
CCXVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1962:
County
Page
No.
SUBJECT
Date of
Election
Result
Bryan .........
Chatham .......
Clarke ........
Clarke ........
Clayton & Fulton
Clayton & Fulton
Clayton & Fulton
Columbia.......
Emanuel........
Fulton.........
Fulton.........
Fulton.........
Fulton.........
Gwinnett ......
Henry..........
Jackson .......
City of Richmond Hill.........
Town of Pooler................
City of Athens................
City of Athens................
City of College Park .........
City of College Park .........
City of College Park .........
City of Martinez..............
Board of County Commissioners
City of East Point ...........
City of East Point ...........
City of East Point ...........
City of East Point ...........
Pinball machines..............
Town of Locust Grove..........
City of Jefferson.............
For-
Agn-
For-
Agn-
For-
Agn-
For -
Agn-
For -
Agn-
For-
Agn-
For -
Agn-
For-
Agn-
For-
Agn-
For -
Agn-
For -
Agn-
For -
Agn-
For-
Agn-
For -
Agn-
For-
Agn-
RESULTS OF REFERENDUM ELECTIONS CCXVII
Georgia Laws, 1962:
County
Page
No.
SUBJECT
Date of
Election
Result
Jackson....
Laurens ...
Laurens ...
Meriwether
Meriwether
Meriwether
Meriwether
Meriwether
Mitchell ...
Murray
Muscogee ..
Newton
Oglethorpe .
Putnam ...
2624
City of Commerce .......................
Town of Dudley .........................
County Treasurer........................
City of Manchester .....................
City of Manchester .....................
City of Manchester .....................
City of Manchester .....................
City of Manchester ..................
City of Camilla.........................
City of Chatsworth......................
Columbus-Muscogee Board of Commissioners .
City of Covington.......................
City Court of Lexington................
Certain County Officerscompensation...
12- 5-62
3-28-62
Not Held
3-28-62
3-28-62
3-28-62
3-28-62
3- 28-62
4- 24-62
6-23-62
4-11-62
4-25-62
11- 6-62
11- 6-62
Inside City:
For385; Agn108
Outside City:
For 58; Agn237
For 29
Agn 4
For 234
Agn 66
For 251
Agn 47
For 224
Agn 67
For 231
Agn 76
For 227
Agn 57
For 15
Agn 0
For 143
Agn 183
Muscogee County:
For6612; Agn9103
City of Columbus:
For5563; Agn6032
For 550
Agn 167
For 392
Agn 180
For 626
Agn 129
CCXVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1962:
County
Putnam
Terrell ...
Terrell ....
Upson.....
Warren ....
Washington
Wayne......
Wilkinson .
Page
No.
SUBJECT
Tax Commissioner........................
City of Dawson..........................
City of Dawson..........................
City of Thomaston.......................
Clerk Superior Court attend Court of Ordinary.
City of Tennille .......................
Board of County Commissioners ..........
Town of McIntyre .......................
Date of
Election
11- 6-62
7-11-62
11- 6-62
4- 7-62
Result
For" 548
Agn 184
Ext. 1Defeated
Ext. 2Ratified
Election Results
Not Known
For 577
Agn 543
For 281
Agn 313
In proposed area:
For 13; Agn44
In City Tennille:
For139; Agn-58
For 664
Agn 449
For 70
Agn 21
RESULTS OF REFERENDUM ELECTIONS CCXIX
Georgia Laws, 1963:
County
Page
No.
SUBJECT
Date of
Election
Baker ...
Baldwin .
Bartow ..
Bartow ..
Bartow ..
Bartow ..
Bartow ..
Bartow ..
Berrien ..
Bleckley .
Cherokee
Clayton ..
Clayton ..
Cobb ....
Colquitt .
2928
3035
2066
2070
2074
2078
2082
2086
2627
2382
2016
2723
2815
2781
2203
Tax Collector and Tax Receivercompensation ...
Civil and Criminal Court of Baldwin County.....
Sheriffs Deputies and Jailerscompensation....
Deputy Clerk of Superior Courtcompensation ...
Clerical help in office of the Ordinarycompensation
County Commissioner clerical helpcompensation ..
Deputy Tax Commissionercompensation...........
Sheriffequipment .............................
Town of Enigma.................................
Tax Commissioner...............................
City of Canton.................................
Town of Lovejoy................................
City of Riverdale .............................
Board of County Commissioners ................
City of Moultrie..............................
4- 25-63
5- 28-63
4-10-63
4-10-63
4-10-63
4-10-63
4-10-63
4- 10-63
6- 4-63
6- 5-63
5- 1-63
Not Held
Not Held
1- 8-64
Result
For 581
Agn 343
For 142
Agn 346
For 721
Agn1170
For 545
Agn1330
For 666
Agn1230
For 532
Agn1343
For 511
Agn1356
For. 714
Agn1172
For 15
Agn 0
For 209
Agn 436
For 45
Agn 29
For2123
Agn4100
Election Results
Not Known
CCXX RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1963:
County
Page
No.
SUBJECT
Date of
Election
Result
DeKalb
Dougherty
Emanuel..
Fulton.....
Glynn .....
Hall.......
Henry .....
Houston ...
Irwin......
Jackson
Meriwether
Muscogee ..
Newton
Pulaski
Screven ....
3457
3630
2583
2887
3249
3552
2609
3330
2602
2575
2332
2731
3017
3436
2835
City of North Atlanta
City of Albany
City of Swainsboro
City of East Point .........
City of Brunswick ..........
Board of County Commissioners
Board of County Commissioners
City of Warner Robins.......
Tax Commissioner............
City of Commerce ...........
City of Warm Springs........
City of Columbus............
Board of County Commissioners
Tax Commissioner............
City of Sylvania............
7-11-63
7-29-63
5-13-63
Not Held
10- 1-63
9- 3-63
5-15-63
5- 7-63
5- 28-63
Not Held
Not Held
6- 5-63
5- 15-63
6- 18-63
6- 4-63
For(l) 508
For(2) 55
For(3) 842
For 1034
Agn1406
Inside City:
For243; Agn44
Outside City:
For81; Agn41
For 798
Agn 570
For 1421
Agn1571
For Sec. 1 669
For Sec. 2 624
For 1127
Agn 776
For 91
Agn 279
For 3254
Agn1615
For 333
Agn 669
For 354
Agn 321
For 160
Agn 79
RESULTS OF REFERENDUM ELECTIONS CCXXI
Georgia Laws, 1963:
County
Page
No.
SUBJECT
Date of
Election
Talbot ..
Telfair ..
Thomas .
Thomas ,
Turner
Walton
Ware ..
Wilkes.
Wilkes.
2185
2482
3402
3405
2471
2600
2237
2803
3447
Board of County Commissioners .....
City of McRae.....................
City of Boston....................
City of Boston....................
County Commissioner...............
Tax Equalization Program..........
Board of County Commissioners ....
Certain County Officerscompensation
Tax Commissionercompensation ....
5-22-63
5- 1-63
5-20-63
5-20-63
4- 24-63
7-24-63
5- 30-63
5-28-63
5-28-63
Result
For 239
Agn 295
For 130
Agn 3
For 45
Agn 126
For 52
Agn 127
For 249
Agn 603
For 1715
Agn1838
For1727
Agn1373
For 1304
Agn 119
For1281
Agn 130
CCXXII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1964, January-February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Appling..
Brooks...
Chatham
Cherokee
Cherokee
Colquitt .
Cook
Dodge ...
Fulton ...
Fulton ...
Gwinnett
Hancock .
Harris ...
Hart
2028
Certain County Officerscompensation
City of Quitman....................
Town of Pooler.....................
City of Woodstock .................
City of Canton.....................
City of Moultrie..................
County Commissioners...............
City of Empire ....................
City of Union City.......;.........
City of Alpharetta.................
City of Suwanee....................
Certain County Officerscompensation
Town of Pine Mountain..............
Board of Finance
6-17-64
5-11-64
4-22-64
4-29-64
9- 9-64
For 2543
Agn 848
Election Results
Not Known
For 124
Agn 61
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
For-
Agn-
- 174
- 394
-1174
- 613
-2003
-1612
- 55
- 71
- 214
- 279
For 90
Agn 4
For 251
Agn 64
Inside:
For 61
Agn 43
Outside:
For 0
Agn 7
Question A: 1,246
Question B: 873
(Repealed by Ga. L. 1964, Ex. Sess., p. 2342)
RESULTS OF REFERENDUM ELECTIONS CCXXIII
Georgia Laws 1964, January-February session:
County
McDuffie
McDuffie ...
McDuffie ...
Meriwether
Meriwether
Monroe....
Murray ....
Peach ....
Page
No.
2095
2104
2107
2154
2412
2542
2672
2627
SUBJECT
Board of County Commissioners
Tax Commissioner...........
Sheriff and Deputiescompensation
Town of Greenville ........
City of Woodbury...........
Board of County Commissioners
County Commissionerscompensation
Board of County Commissioners
Pickens
Pickens
2066 Board of County Commissioners
2078 City of Jasper................
Thomas
Tift ...
Tift ...
2497
2208
2361
Sheriffcompensation
City of Tifton.......
City of Tifton.......
Date of
Election
Result
4- 1-64
4- 1-64
4- 1-64
4-22-64
For 971
AgnH-1720
For 985
Agn^l708
For = 982
AgnS-1705
Election Results
Not Known
For~ 110
Agn9 30
Not held
9- 9-64
4-29-64
3- 4-64
3-21-64
4-29-64
4-22-64
4-22-64
ForS-1868
Agn1763
(3 questions)
For 509
Agn 502
For ,692
Agn7 93
Fort-1822
Agn 144
Inside City:
For 43
Agn 3
Outside City:
For 9
Agn 0
For 1685
Agn-3 639
For 281
Agn 216
For 136
Agn 368
CCXXIV RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1964, January-February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Tift ...
Tift ...
Walker
Walker
Walker
Walker
Ware......
Whitfield ,
Wilkinson
2900
3069
2014
2018
2024
2643
2455
2175
2314
Board of County Commissioners
Board of County Commissioners
Ordinarycompensation...........
Tax Commissioner................
Clerk Superior Courtcompensation
Fire Prevention Districts.......
Fire District Commissioners.....
Tax Commissioner.............
Board of County Commissioners
Tax Commissioner.............
5-13-64
5-13-64
2-18-64
2-18-64
2-18-64
2- 15-65
3- 22-65
Not held
3-20-64
11- 3-64
For 1992
Agn1290
For2592
Agn 738
For 4695
Agn 285
For4673
Agn 251
For 4655
Agn 298
For 246
Agn 41
For 3 member board
81 votes for each
candidate
For 3817
Agn2807
For 933
Agn 863
RESULTS OF REFERENDUM ELECTIONS CCXXV
Georgia Laws 1972, January/February session:
County
Brantley
Brantley
Brantley ...
Brantley ...
Camden ...
Camden
Camden
Camden
Page
No.
SUBJECT
Date of
Election
Result
3145
3147
3148
3710
3138
Salary of deputy, sheriffs .........
Certain county officers compensation
Clerk Superior Court Salary.........
City of Nahunta.....................
Certain county officers salary......
3705
Create Board of County Commissioners
3714
Compensation of Tax Commissioner
3717
County Board of Education
8- 8-72*
8- 8-72*
8- 8-72*
12- 5-73
8- 8-72
8- 8-72*
8- 8-72*
8- 8-72*
For 1,262
Agn 1,059
For 1,220
Agn 983
For 841
Agn 1,396
Election Results
Not Known
Demo.
For 701
Agn 1,109
Rep.
For 0
Agn1
Demo.
For 679
Agn 1,070
Rep.
For 1
Agn 0
Demo.
For 654
Agn 1,114
Rep.
For 0
Agn 1
Demo.
For 683
Agn 1,050
Rep.
For 1
Agn 0
CCXXVI RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1972, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Camden
Chatham .
Chatham .
Chatham .
Chattooga.
Decatur.
Dodge ..
Dodge ..
Douglas.
Elbert ..
Fayette .
Fayette .
Floyd ...
Forsyth .
3770
3019
3098
3116
2043
3288
2329
3339
3997
2479
3438
3435
3300
2065
Small Claims Court of Camden County
Savannah-Chatham County government.....
Savannah-Chatham County Board of Education
Savannah-Chatham County Board of Education
Abolish State Court Chattooga County ...
Board of County Commissioners ..
City of Eastman....jj..........
County Board of Education......
County Board of Education......
Board of County Commissioners ..
Board of County Commissioners ..
Abolish office of county treasurer .
Abolish State Court Floyd County ,
Board of county commissioners ..,
8- 8-72*
4- 10-73
Not held*
5- 9-72
5- 9-72
8- 8-72*
5-23-72
4- 27-72
8- 8-72*
5- 16-72
8- 8-72*
11- 7-72*
11- 7-72*
11- 7-72*
4-19-72
Demo.
For 926
Agn 801
Rep.
For 1
Agn 0
City of Savannah
Chatham County
For20,074
Agn 7,595
For 8,296
Agn19,097
Demo.
For 2,455
Agn 2,274
Rep.
For 2
Agn 2
For 668
Agn 2,687
For 474
Agn 1,117
For 914
Agn 858
For 400
Agn 620
For 1,583
Agn 3,036
For 668
Agn 3,138
For 1,499
Agn 2,210
For 6,911
Agn 4,674
For 551
Agn 386
Ga. L. 1973, p. 2268 changed date of election.
RESULTS OF REFERENDUM ELECTIONS CCXXVII
Georgia Laws 1972, January/February session:
County
Page
No,
SUBJECT
Date of
Election
Result
Gwinnett ..
Habersham
Harris....
Heard ....
Henry.....
Henry ....
Houston ...
Jeff Davis ..
Laurens ...
Lowndes ...
Lowndes ...
Lowndes ...
McDuffie ..,
McIntosh .
County Board of Education........
City of Demorest ................
Board of County commissioners....
Board of county commissioners ...
State Court of Henry County......
Board of County Commissioners ....
County Board of Education........
County Board of Education........
County Board of Education......
Ordinarycompensation............
Tax Commissionercompensation ..
Clerk Superior Courtcompensation
County Board of Education........
City of Darien...................
5-17-72
For 989
Agn 924
Election Results
Not Known
For-
Agn-
For-
Agn-
For-
1,410
616
756
732
570
Agn 1,943
407
2,070
For
Agn
For 2,853
Agn 6,462
For
Agn
For 3,185
Agn 1,103
For 3,533
Agn 1,995
For 3,622
Agn 1,885
For 3,463
Agn-
For-
Agn-
829
511
2,254
305
61
City of Darien
For: 86
Agn 62
Dist. No. 271
For 7
Agn , 73
Total
For 93
Agn 135
CCXXVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1972, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
McIntosh
Macon ...
Madison .
Madison .
Peach ...
Peach ...
Pike.....
Pulaski ..
Putnam .
Putnam .
Spalding .
Telfair...
Thomas ..
Tift .....
Treutlen .
Treutlen .
Walker ..
Walton ..
City of Darien........................
Board of county commissioners ........
County Board of Education.............
Appt. of county school superintendent ...
Appt. of county school superintendent ...
City of Fort Valley ...............:..
County Board of Education.............
Board of County Commissioners ........
County Board of Education.............
City of Eatonton......................
Griffin-Spalding County Bd. of Education
County Board of Education.............
Create Board of County Commissioners ..
City of Tifton........................
County Board of Education.............
Board of County Commissioners ........
County Board of Education.............
City of Social Circle.................
Not Held
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
For
Agn
608
882
1,060
1,785
921
2,145
688
2,648
440
1,351
402
142
399
939
1,262
831
118
28
452
121
564
365
1,885
3,278
247
498
688
233
715
221
6,373
2,129
51
49
RESULTS OF REFERENDUM ELECTIONS CCXXIX
Georgia Laws 1972, January/February session:
County
Whitfield ...
Wilcox......
Wilkinson .
Wilkinson .
Page
No.
4017
2495
3312
333
SUBJECT
City of Tunnell Hill............
Appt. of County School Superintendent
Appt. of County School Superintendent
County Board of Education.......
Date of State-wide Primary Election 8-8-72.
Date of General Election 11-7-72.
CCXXX RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1973, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Appling..
+ Appling
Brantley .
Chatham
Chatham
Clarke ...
Clarke ...
Clarke ...
Clarke ...
Clarke ...
Cherokee
Cook ....
Greene
Habersham
Lowndes ...
Marion
Miller .
3569
3677
3631
2268
3693
2356
2367
2387
2467
3374
3207
2300
3853
3809
3837
3827
2776
County Board of Education-compensation
City of Baxley........................
City of Nahunta..................
Savannah-Chatham County government
City Savannah Beach.......
City of Athens............
City of Athens............
City of Athens............
Clarke County Commissioners
Clarke County Board of Education
County Board of Education.......
Cook County Commissioners
Greene County Board of Education
Habersham County Board of Education
City of Twin Lakes ................
County School Superintendent .
State Court of Miller County #
8- 13-74*
9- 29-73
6-12-73+
6- 2-73
5-31-73
5-31-73
5-31-73
8-14-73
8-13-74*
7- 17-73
5- 22-73
8- 13-74*
11- 6-73
6- 20-73
11- 5-74**
11- 5-74**
Yes: 791 No: 1033
Yes 45
No 588
Election Results
Not Known
Chatham County
For 3,157
Agn 6,666
City of Savannah
For12,039
Agn 4,090
Yes 21
No 29
For 1,818
Agn 1,591
For 2,430
Agn 1,057
For 648
Agn 682
Yes 1,809
No 1,125
Not Held
Yes 412
No 52
For 758
Agn 735
Not Held
For 1,326
Agn 1,465
Yes 37
No 191
Yes: 184 No: 331
See Below #
RESULTS OF REFERENDUM ELECTIONS CCXXXI
tGa. L. 1973, p. 2268 changed date of the. election as set out in Ga. L. 1972 p. 3019
#This 1973 Act repealed by Georgia Laws 1974, p. 3171
*Date of State Wide Primary ElectionAugust 13, 1974.
**Date of General ElectionNovember 5, 1974.
+The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as
follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears.
CCXXXII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws 1974, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Banks
Bibb.....
Bibb.....
Brooks
Carroll ...
Chatham .
Chatham .
Cherokee .
Cobb .....
Fayette ...
Fayette ...
Fayette ...
Fulton
'Heard
Long ____
Lowndes
Newton ...
Richmond .
Stephens.
3798
2028
3074
3088
2791
2088
2305
2534
3516
2982
3848
3030
2497
2347
2878
2311
2978
2105
2037
Create office of Tax Commissioner ...........
Abolish Board of Water Commissioners
of City of Macon..........................
MacomBibb County Water & Sewerage Authority
Change in Commissioner Districts.............
City of Carrollton...........................
City of Savannah.............................
City of Savannah Beach-Tybee Island .........
Board of County Commissioners ...............
Cobb County School District Board............
City of Fayetteville ........................
Abolish office of Treasurer..................
Town of Tyrone ..............................
City of East Point ..........................
Town of Centralhatchee re-created............
Board of Education members compensation......
Town of Dasher ..............................
City of Covington............................
1. Consolidation of City of Augusta and
Richmond County government ...............
2. Election of Sheriff for Richmond Cty....
3. Election of Board of Public Safety
of Richmond County ....................
Choice of 5 types of government for the County
8-13-74*
11- 5-74#
5- 14-74
11- 5-74#
6- 11-74
4-16-74
4- 1-74
11- 5-74#
11- 5-74#
11- 5-74#
11- 5-74#
5- 23-74
8-13-74*
6- 8-74
8-13-74*
6- 1-74
12- 4-74
5-14-74
(3 elections
held on
same date)
4- 9-74
Yes: 1628 No: 671
Not Held
For: 2049 Agn: 198
Yes: 741 No: 567
Yes: 215 No: 66
Yes: 192 No: 883
Results Not Known
Yes: 2989 No: 1995
Yes: 18,039
No: 14,541
Yes: 302 No: 507
Yes: 1928 No: 1616
Yes: 77 No: 29
Yes: 3378 No: 2852
Yes: 9 No: 2
Yes: 311 No: 303
Yes: 31 No: 31
Yes: 368 No: 674
City Vote
Yes: 4833 No: 2928
County Vote
Yes: 5801 No: 7106
Yes: 11,431
Yes: 6,575
Ques. 1 122 votes
Ques. 2
Ques. 3
Ques. 4
Ques. 5
396 votes**
108 votes
98 votes
248 votes
RESULTS OF REFERENDUM ELECTIONS CCXXXIII
Georgia Laws 1974, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Troup
Upson......
Wilkes.....
All counties
2203
2023
3510
186
City of Hogansville
County Board of Education created ..
Appoint county school superintendent
The Common Day of Rest Act .........
6- 5-74
4- 9-74
11- 5-74#
11- 5-74#
Inside City
Yes: 57 No:
Outside City
33
Yes
Yes
Yes
13
594
739
No: 43
No: 111
No: 1274
Yes: 434,559 No: 363,947
Common Day of Rest Act results tabulated infra.
Date of General Primary 8-13-74.
#Date of General Election 11-5-74.
*Effective Question is No. 2.
CCXXXIV RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CCXXXV
GENERAL ELECTION
Date 11-5-74
"Common Day of Rest Act of 1974
Ga. L. 1974, p. 186
COUNTY Yes No
Appling................................................... 590 692
Atkinson.................................................. 274 245
Bacon................................................... 300 003
Baker..................................................... 109 253
Baldwin................................................ 1,901 1,989
Banks .................................................... 566 709
Barrow ................................................. 1,501 1,830
Bartow ................................................. 1,704 2,407
Ben Hill.................................................. 578 1,127
Berrien................................................... 442 1,142
Bibb.................................................... 8,536 12,667
Bleckley.................................................. 439 888
Brantley.................................................. 189 303
Brooks.................................................... 341 916
Bryan .................................................... 344 447
Bulloch................................................. 1,604 2,441
Burke .................................................... 545 797
Butts..................................................... 786 929
Calhoun .................................................. 166 429
Camden.................................................... 367 430
Candler................................................... 187 231
Carroll................................................. 3,696 4,391
Catoosa................................................. 1,440 1,424
Charlton.................................................. 177 198
Chatham................................................ 14,278 12,039
Chattahoochee ............................................ 153 116
Chattooga............................................... 1,322 1,281
Cherokee................................................ 2,424 2,830
Clarke.................................................. 6,525 4,853
Clay...................................................... 116 242
Clayton................................................. 9,965 10,231
Clinch.................................................... 144 379
Cobb................................................... 25,632 21,237
Coffee.................................................... 629 1,493
Colquitt................................................ 1,168 2,701
Columbia ............................................... 1,113 1,687
Cook...................................................... 423 978
Coweta ................................................. 2,622 2,470
Crawford.................................................. 338 455
Crisp..................................................... 537 1,303
Dade ..................................................... 485 317
Dawson.................................................... 515 199
Decatur................................................... 579 958
DeKalb................................................. 54,127 40,882
Dodge .................................................... 470 1,835
Dooly..................................................... 314 684
Dougherty .............................................. 3,887 8,146
Douglas................................................. 2,958 2,815
Early..................................................... 297 1,084
Echols..................................................... 66 74
Effingham................................................. 627 1,039
Elbert ................................................... 998 1,765
CCXXXVI 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
No
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
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
RESULTS OF REFERENDUM ELECTIONS CCXXXVII
COUNTY Yes No
Pickens.................................................... 536 443
Pierce .................................................... 311 540
Pike....................................................... 652 713
Polk..................................................... 1,973 2,009
Pulaski.................................................... 430 566
Putnam..................................................... 565 545
Quitman..................................................... 85 142
Rabun...................................................... 618 701
Randolph .................................................. 334 790
Richmond................................................. 7,477 11,596
Rockdale................................................. 1,811 2,032
Schley..................................................... 117 171
Screven.................................................... 514 740
Seminole................................................... 309 588
Spalding................................................. 2,867 3,258
Stephens................................................... 698 1,673
Stewart.................................................... 183 329
Sumter .................................................. 1,119 1,925
Talbot..................................................... 320 326
Taliaferro.................................................. 70 192
Tattnall................................................... 484 960
Taylor..................................................... 520 741
Telfair.................................................... 359 977
Terrell.................................................... 456 1,062
Thomas................................................... 1,315 2,173
Tift....................................................... 940 1,716
Toombs..................................................... 975 1,640
Towns...................................................... 535 247
Treutlen................................................... 333 630
Troup ................................................... 2,550 3,831
Turner .................................................... 334 870
Twiggs..................................................... 427 696
Union ................................................... 1,330 548
Upson ................................................... 2,145 2,115
Walker .................................................. 2,104 2,264
Walton ................................................. 1,397 1,786
Ware..................................................... 1,363 1,910
Warren..................................................... 173 364
Washington............................................... 1,035 2,037
Wayne...................................................... 660 1,118
Webster..................................................... 99 127
Wheeler ................................................... 257 698
White ..................................................... 941 562
Whitfield................................................ 2,030 2,274
Wilcox..................................................... 239 759
Wilkes..................................................... 439 1,531
Wilkinson.................................................. 395 765
Worth...................................................... 423 1,203
TOTAL.................................................. 434,559 363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylords, Inc., 233 Ga. 694, decided
February 13, 1975.

Georgia Laws, 1975, January/February Session:
County
Appling.
Baker
Baker
Berrien
Berrien
Bibb
Brantley
Bryan
Charlton .
Chatham
Clarke ...
Decatur..
DeKalb ..
Dodge ...
Douglas..
Gordon ..
Greene ..
Hall.....
*Harris .
Harris ...
Heard ...
Henry ...
Newton ..
Paulding.
Spalding .
Page
No.
3678
2659
2662
2525
3388
3349
3937
City of Baxleycorporate limits
Abolish office of Treasurer
Create office of Tax Commissioner
Appoint County School Superintendent
Appoint County School Superintendent
Board of Water. Commissioners
County Board of Education
4015
3962
2779
4087
2752
3031
2506
2719
4270
3574
2960
4369
4433
4133
3577
2916
2771
Election of Chairman & Vice-Chairman of the
Board of County Commissioners
County Board of Education
County Board of Education
City of Athensgovernment functions
Hospital Authority
County Board of Education Districts-terms
County Board of Education elected
County Commissionersincrease membership
Create Board of Commissioners for County
County Board of Education
Board of County Commissioners
County Board of Education & Superintendent
City of Shilohcharter amended
Board of County Commissioners
City of Stockbridgecharter amendment
County Board of Education
County Board of Commissioners created
Town of Orchard Hill
This Act ruled invalid by U.S. Justice Department on August 18, 1975.
CCXXXVIII RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1975, January/February Session:
County
Page
No.
SUBJECT
Spalding...... 4352 Board of County Commissioners ......................
Stephens........ 4142 City of Toccoa Commissioners .........................
Taylor.......... 3486 County Board of Education.............................
Union........... 4499 County Board of Commissioners ........................
Upson........... 3356 County School Superintendent appointed................
Whitfield ...... 4296 City of Tunnell Hill..................................
Worth........... 4202 County School Superintendent..........................
Chatham ........ 3128 Alcoholic beverages on premisestime limit............
(This election act was on a population basis and affects only Chatham County)
Date of
Election
11- 4-75
6-12-75
6-17-75
8- 12-75
6-24-75
6- 25-75
7- 15-75
9- 17-75
Result
For: 1,205
For: 209
For: 298
For: 189
For: 531
For: 126
For: 235
Agn: 4,100
Agn: 191
Agn: 127
Agn: 1,037
Agn: 700
Agn: 288
Agn: 460
Municipality Yes No
Savannah 9,658 6,595
Unincorporated area 4,979 3,857
Bloomingdale 122 146
Garden City 362 466
Pooler 166 190
Port Wentworth 227 297
Savannah Beach 469 168
Thunderbolt 230 138
Vernonburg 24 20
1975 Extra Session Acts
Coweta ........ 1730 | City of Newnancharter amendment..................... | 9- 9-75 | For: 248 Agn: 57
(This election based on population of municipality and affects only City of Newnan, Coweta County)________________
*Date of Presidential Preference Primary 5-4-76.
#Date of General Primary 8-10-76
RESULTS OF REFERENDUM ELECTIONS CCXXXIX
Georgia Laws, 1976, January/February Session:
County
Bacon
Baldwin
Baldwin
Bartow .
Bibb
Bryan ....
Camden ...
Carroll
Chattooga..
Clayton
Cobb .....
DeKalb
Fayette
Glynn ....
Grady ....
Habersham
Habersham
Long......
Long ..---
Lumpkin ..
Newton
Newton
Oconee
Richmond ..
Page
No.
2713
3278
3282
4090
3818
3288
2831
4479
2694
3974
3656
2809
3398
4027
3162
2798
2803
3536
3321
3945
3402
3505
3935
4927
SUBJECT
Co. Brd. of Education and Co. School Superintendent
City of Milledgevillecharter amendment
City of Milledgevillecharter amendment # 1
City of Milledgevillecharter amendment # 2
City of Euharleecharter amendment .........
Macon-Bibb Co. consolidated government......
City of Richmond Hillcharter amendment ........
Tax Commissionersalary ........................
Co. Brd. of Education and Co. School Superintendent
Board of Co. Commissioners created..............
City of Mountain Viewabolish charter...........
City of Powder Springsabolish charter..........
Intoxicating beverages sold on Sunday ..........
Brd. Co. Commissionersrincrease membership.....
Co. Brd. of Educationnew districts, election...
Co. Brd. of Educationcompensation members......
Co. Brd. of Educationcreated ..................
Co. School Superintendent appointed.............
Co. Brd. of Educationcreated1..................
Small Claims Court created .....................
Co. Brd. of Education and Co. School Superintendent
Board of County Commissionersdistricts.........
Co. Brd. of Educationelection districts........
Co. School Superintendentappointed.............
Augusta-Richmond County unified government......
Date of
Election
5- 4-76*
5- 4-76*
5- 4-76*
5-15-76
5- 4-76*
6-29-76
11- 2-76**
11- 2-76**
5- 4-76*
Not Held
9-11-76
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5- 4-76*
5-25-76
11- 2-76**
5- 4-76*
Result
Proposal No. 1 389
Proposal No. 2 131
Proposal No. 3 568
Yes: 772 No: 583
Yes: 718 No: 609
Yes: 289 No: 1,045
Yes: 34 No: 8
City Vote
Yes: 8,149 No: 11,522
County vote
Yes: 8,825 No: 16,209
Yes: 199 No: 8
Not Held
Yes: 3,105 No: 3,868
Yes: 970 No: 2,297
Yes: 331 No: 455
For: 52,761
Agn: 30,442
Yes: 1,984 No: 1,512
Yes: 3,752 No: 4,746
Yes: 444 No: 1,259
Yes: 2,244 No: 876
Yes: 940 No: 1,951
For: 490
Yes: 114
Yes: 678
Yes: 2,980
Yes: 3,227
Yes: 1,259
Yes: 11,027
Agn: 172
No: 527
No: 917
No: 1,387
No: 1,167
No: 1,863
No: 13,417
CCXL RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1976, January/February session:
County
Page
No.
SUBJECT
Date of
Election
Result
Proposition # 1
Proposition #2
Ware ..
Warren
2811
3660
County Manager ......................
Brd. Co. Commissionersmultimember board
5-
11-
4-76*
2-76*
Question #1 15,801
Question # 2 6,005
Question # 1 9,404
Question # 2 10,302
Yes: 2,194 No: 2,838
Yes: 802 No: 352
Date of Presidential Preference Primary Election (May 4, 1976)
**Date of November 2, 1976 General Election
This Act was declared unconstitutional by decision of Federal Court.
M
r
RESULTS OF REFERENDUM
Georgia Laws, 1977, January/February Session:
County
Page
No.
SUBJECT
Date of
Election
Result
Baker ...
Bryan ...
Carroll ..
Dawson ..
Hart
Pierce ...
Rockdale.
Schley ...
Schley ...
Stephens.
Stephens.
Tift ....
Towns ...
2603
3215
4519
3529
3482
2924
2817
2952
2955
3875
3881
3895
3974
County Board of Educationvacancies ......
Abolish office of Treasurer... ...........
City of Templecorporate limits...........
County Board of Educationelection........
Town of Bowersvillenew charter...........
County Brd. of Education and County
School Superintendentelection of.........
Board of County Commissionerscreation of...
County Commissionersterms staggered ......
County Board of Educationterms staggered ...
County Board of Educationelection.........
County School Superintendentappointment of ,
City of Tiftonannexation .................
County Board of Education and County School
Superintendent..............................
11- 7-78*
5- 24-77
6- 15-77
6-14-77
5- 9-77
11- 7-78*
5- 17-77
11- 7-78*
11- 7-78*
6- 28-77
6-28-77
12- 19-77
2- 2-78
Yes: 151
Yes: 116
Yes: 225
Yes: 369
Yes: 30
Yes: 307
Yes: 1,618
Yes: 160
Yes: 167
Yes: 1,375
Yes: 793
Yes: 690
587
744
66
58
628
1,042
1,158
Yes: 1,014 No: 1,384
*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.
CCXLII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1978 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Bryan ...
Butts
Chatham
Chatham .
Chatham .
Chatham .
Chatham .
Chattooga.
Cherokee .
Clarke
Columbia .
DeKalb ...
DeKalb ...
Hart .....
Macon
McDuffie ..
Rabun
Rabun
Rockdale..
Telfair
3774
3368
932
4132
4073
3998
4466
3848
3029
4573
3359
3639
4104
3177
4217
3666
3427
3430
3868
3445
Board of education..................
Board of education..................
Alcoholic beverages on Sunday ......
Chatham County (Unincorporated area)
Garden City.........................
Port Wentworth......................
Bloomingdale........................
Pooler..............................
Thunderbolt.........................
Tybee Island.....................
Vernonburg .........................
Savannah ...........................
City of Garden City.................
City of Bloomingdale................
City of Savannah....................
Municipal Court of Savannah.........
Board of Education .................
County Commissioners................
Use of School Tax in Clarke County
Board of Education .................
City of Clarkston ..................
Board of Education .................
County Commissioners................
Tax Commissioner....................
Board of Education .................
School Board and Superintendent.....
Board of Education .................
City of Conyers.....................
School Board and Superintendent.....
5-2-78
11- 7-78*
8- 8-78**
5-22-78
Not Held
4-19-78
8- 8-78**
11- 7-78*
4- 4-78
11- 7-78*
11- 7-78*
10- 18-78
11- 7-78*
11- 7-78*
11- 7-78*
5- 16-78
11- 7-78*
11- 7-78*
7- 8-78
11- 7-78*
Yes: 739
Yes: 886
Yes: 2,022
Yes: 154
Yes: 89
Yes: 23
Yes: 85
Yes: 142
Yes: 307
Yes: 25
Yes: 6,870
Yes: 663
Yes: 14,407 1
Yes: 6,783 1
Yes: 778 1
Yes: 2,449 1
Yes: 3,710 ]
Yes: 887 ]
Yes: 95 ]
Yes: 18,829 I
Yes: 643 ]
Yes: 737 ]
Yes: 202 ]
Yes: 453 1
Yes: 861 ]
Yes: 179 ]
#1 386
#2 231
#3 323
No: 259
No: 539
No: 1,863
No: 318
No: 171
No: 50
No: 152
No: 77
No: 171
No: 14
No: 4,768
No: 166
No: 8,091
No: 9,753
No: 1,446
No: 2,308
No: 3,268
No: 1,569
No: 96
No: 34,766
No: 1,018
No: 232
No: 131
No: 692
No: 300
No: 167
RESULTS OF REFERENDUM ELECTIONS CCXLIII
Referendum Election Results: Acts of the 1978 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Thomas..
Thomas ..
Thomas ..
Twiggs ..
Whitfield
3746
3741
3752
3408
3365
Tax Commissioner.................
Judge Probate Court, Compensation .
Clerk Superior Court, Compensation
County Commissioners.............
City of Varnell..................
(Civil Action File No. 18,462)
11- 7-78*
11- 7-78*
11- 7-78*
8- 8-78**
Not Held
Yes: 2,679 No: 820
Yes: 2,683 No: 802
Yes: 2,674 No: 797
Yes: 1,067 No: 805
*Date of General Election 1978
**Date of General Primary 1978
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 refer to the Act which called for the referendum.
CCXLIV RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1979 Session of the General Assembly
County
Carroll ...
Glynn .....
Montgomery
Stephens.
Telfair...
Page
No.
4245
3467
3151
3047
3539
SUBJECT
City of Sand HillCity Charter ,
Education Districts .......
Board of Education ........
Terms of Boards of Commissioners
School Districts...............
Date of
Election
6-12-79
12-11-79
6- 5-79
4-24-79
7-31-79
Result
Yes: 102 No: 193
Yes: 2,490 No: 977
Question #1
Proposal # 1 320
Proposal # 2 205
Proposal #3 92
Question #2
Proposal #1 881
Proposal # 2 860
Proposal #3 1,015
Yes: 921 No: 329
Yes: 858 No: 615
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.
RESULTS OF REFERENDUM ELECTIONS CCXLV
Referendum Election Results: Acts of the 1980 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Baldwin ......
Ben Hill......
Chatham
(City of
Thunderbolt)
3043
3954
3653
Cherokee .....
Coffee .......
Columbia......
Decatur.......
DeKalb........
Douglas.......
Effingham ....
Gordon .......
Henry ........
Irwin.........
Laurens ......
Laurens ......
McIntosh .....
Mitchell......
(City of Pelham)
Oconee .......
Richmond......
Upson.........
Upson.........
Whitfield ....
3275
1795
3707
3272
3996
4120
3542
3720
3009
3030
3016
3189
3112
3914
3757
3841
3027
4127
4122
Board of Commissioners
Tax Commissioner.....
Corporate Limits of City of Thunderbolt
Thunderbolt Proposition #1...........
Proposition #2.....................
Macceo Island Proposition #1.........
Proposition #2.....................
Bonna Bella Proposition #1...........
Proposition #2.....................
Board of Education ..................
Election of School Supt..............
Board of Commissioners...............
Board of Ed. residency requirements ...
Type of Government for DeKalb Co.....
Board of Education ..................
Board of Education...................
Board of Education ..................
County Commissioners.................
Office of Tax Commissioner...........
Board of County Commissioners .......
Terms of Mayor & Council ............
(City of Dublin)
Board of Education ..................
Elections etc. .......................
Bd. of County Commissioners...........
Board of Education ...................
County School Superintendent..........
Tax for Fire Protection ..............
Corporate Limits .....................
(City of Cohutta)
5-13-80
5-28-80
5-27-80
8-12-80
Not Held
5- 7-80
11- 4-80
8- 5-80
11- 4-80
8-12-80
Not Held
3- 11-80
4- 8-80
3-11-80
3- 11-80
4- 29-80
6- 3-80
5- 21-80
Not Held
3-11-80
Not Held
5-17-80
Yes: 714 No: 1,194
Yes: 614 No: 398
152 No:
109 No:
58 No:
Yes: 62 No: 21
Yes: 814 No: 435
Yes: 1,920 No: 1,103
Yes: 2,267 No: 899
Type 1: 38,094
Type 2: 23,553
Yes: 3,424 No: 7,389
Yes: 430 No: 92
Yes: 2,252 No: 1,500
Yes: 834 No: 119
Yes: 1,797 No: 1,413
Yes: 324 No: 653
Yes: 642 No: 143
Yes: 254 No: 392
642 No:
254 No:
585 No:
604 No:
10 No:
CCXLVI RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CCXLVH
Referendum Election Results: Acts of the 1982 Session of the General Assembly
County
Appling.....
Page
No.
SUBJECT
Date of
Election
Result
Bacon
Chatham
(Town of
Thunderbolt) ....
Cherokee
4606 5 mbr. bd. of Co. Commissioners in certain counties
(9,365 - 9,385).................................
Disposal sites of hazardous wastes .............
Terms of mbrs. of Board of Ed...................
Compensation of bd. of education ...............
Superintendent of schools ......................
Bd. of education Districts......................
Bd. of public education and orphanage ..........
Members of bd. of commissioners ................
Office of treasurer abolished...................
Corporate limits...................
3602 Board of Education
11- 2-82
8- 2-82
5-11-82
Five mbr. -1191
Six mbr. -1000
Yes 1,299 No 351
Yes 1,652 No 1,465
Yes 1,652 No 1,465
Yes 1,615 No 1,450
Yes 843 No 2,205
Yes 15,184 No 5,458
Yes 9,455 No 12,176
Yes 883 No 429
Yes 832 No 709
Corporate Limits
Yes 126 No 133
Unincorporated Area
Yes 21 No 0
Yes 302 No 200
CCXLVIII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Clarke/City of
Athens .......
Clayton
Cobb ..
Cook ..
DeKalb
DeKalb
Douglas..
Emanuel.
Franklin .
Gwinnett
Haralson
1855
4431
1768
3749
*4304
4239
4786
4049
3753
3510
4523
Georgia alcoholic beverage code amended as to certain
counties (69,000 - 75,000) ...............................
Members of board of education
Sale of alcoholic beverages in certain counties (200,000
550,000) (295,000 - 300,000) (350,000 - 500,000) .........
Election, etc. of school superintendent
Establishing form of Government ....
Community College...................
Board of education districts ........
Board of education...................
Board of education and superintendent
Board of education...................
Members of board of education .......
8-10-82
8-10-82
11- 2-82
11- 2-82
8-10-82
8-10-82
11- 2-82
6- 1-82
8-10-82
4- 6-82
8-10-82
Clarke County
Yes 2,257 No 2,338
City of Athens
Yes 2,393 No 2,354
Yes 8,665 No 7,584
Yes 35,622 No 34,777
Yes 1,623 No 1,020
Yes 36,070 No 26,939
transfer 43,375
retain 23,587
Yes 6,032 No 1,700
Yes 1,853 No 411
#1 Proposal - 458
#2 Proposal -1,308
#3 Proposal- 573
Yes 1,825 No 1,972
Yes 2,133 No 230
These are 1981 laws that were required to be held in 1982.
RESULTS OF REFERENDUM ELECTIONS CCXLIX
Referendum Election Results: Acts of the 1982 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Lowndes........
Lumpkin .......
Lumpkin .......
Oconee
(City of Bogart)..
Pierce ........
Pulaski
Twiggs
4649
4638
3627
Jackson County school district merged with Jefferson
City school district and Commerce City school district
Board of commissioners ..
Superintendent of Schools
Board of education......
New charter ............
11- 2-82
Jackson Co.
Yes 1,991 No 2,438
Inside City of Commerce
Yes 796 No 243
Inside City of Jefferson
Yes 390 No
78
School board and superintendent.
School district superintendent ...
Election of members of Bd. of Ed.
11- 2-82
11- 2-82
8-10-82
Yes 3,652 No 4,513
Yes 312 No 595
Yes 720 No 191
Yes 66 No 147
Proposal No. 1
Question No. 1 - 526
Question No. 2 -1,124
Proposal No. 2
613
947
Question No. 1
Question No. 2
Yes 698 No 787
Yes 1,327 No 533
CCL RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly
-a
1
I
MS
RESULTS OF REFERENDUM ELECTIONS CCLI
CCLII RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1983 Session of the General Assembly
County
DeKalb (City of
Doraville).......
Forsyth
Fulton & Coweta
(City of
Palmetto).......
Madison (City of
Colbert)..........
Murray ..
Newton ..
Seminole
Page
No.
Tift County and
City of Tifton ..
3581
3521
4134
4181
3611
3814
3994
3590
SUBJECT
City Council and Mayor Terms of Office
Appointment of School Superintendent .
Corporate Limits extended ...........
Charter Amendmentsproviding homestead exemption for
certain residents...............................
New Board of Education ..........................
Homestead exemptions for certain residents ......
Board of Educationelection of mbrs. etc.........
Consolidate governments of Tift Co. & City of Tifton.
Date of
Election
4- 2-83
5- 3-83
5-21-83
5- 4-83
8- 2-83
6-26-84
Result
Yes 266 No
89
Yes 379 No 966
Yes 319 No 35
Yes
58 No
Referendum not held
Referendum not held
Yes 1,181 No 1,198
Yes 2,060 No 3,860
RESULTS OF REFERENDUM ELECTIONS CCLIII
IfiJi
Referendum Election Results: Acts of the 1983 Session of the General Assembly
CCLIV RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CCLV
CCLVI RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CCLVII
CCLVIII RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS CCLIX
Referendum Election Results: Acts of the 1985 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Dawson
DeKalb
City of
Decatur.
Fayette ...
Fayette
Fulton
City of
Atlanta
Fulton
City of
College
Park ..
Gwinnett
4179
4140
3992
4198
4371
4513
5106
Business and Occupational License Taxes
Homestead Exemptions for certain residents
who are 62 or older; Referendum .......
Fayette County School DistrictAd Valorem
Tax Exemption for Elderly and Disabled
Residents: Referendum....................
Fayette CountySchool Superintendent;
appointment by Board of Education; Referendum
City of AtlantaRedevelopment powers
Homestead exemptions; Referendum
Homestead Exemption from Gwinnett County
School District Ad Valorem Taxes; Referendum
To be Held
November
1986 General
Election
12- 4-85
6-11-85
To be Held
November
1986 General
Election
City Failed to
Publish as
required
by Law
City Atty.
ruled not to
put on ballot
5-13-85
To be Held
1986 General
Election
Result
Yes: 1,123 No: 154
Yes: 2,256 No: 255
Yes: 1,721 No: 143
CCLX RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1985 Session of the General Assembly
County
Page
No.
SUBJECT
Date of
Election
Result
Heard ...
Jeff Davis
Lanier ...
Marion
Morgan
Pierce
Pierce ,
Polk ..
Taylor .
Wilkes.
5078
4493
3966
4573
4643
4836
4841
4985
5087
4580
Board of Education; Elections; Referendum
Board of Education; Elections: Referendum
Board of Education; Elections; Terms;
Referendum..........................
Board of Education; Districts: Elections
Referendum............................
Board of Education: Elections; School
Superintendent; Referendum .........
Board of Commissioners; Elections;
Referendum.......................
Board of Education; Elections; Referendum .
Board of Education; Re-created; Referendum
Board of Education; Elections; Referendum .
Homestead Exemption from County and School
District Ad Valorem Taxes; Referendum...
9-24-85
4-8-86
6-25-85
Not pre-
cleared by
U.S. Justice
Dept.
To be Held
General Pri-
mary 1986
11- 5-85
11- 5-85
6-11-85
5-21-85
To be Held
General Pri-
mary 1987
Yes: 580 No: 90
Yes: 208 No: 45
Yes: 252 No: 12
Yes: 386 No
Yes: 365 No
Yes: 362 No
Yes: 362 No
169
181
299
180
RESULTS OF REFERENDUM ELECTIONS CCLXI
For any information regarding these
ACTS and RESOLUTIONS please contact:
MAX CLELAND
Secretary of State
DOES $1(0)?