Acts and resolutions of the General Assembly of the state of Georgia 1961 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia HAPEVILLE: PRESS OF LONGINO PORTER, INC. 19610000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1961 19610000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

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Compiler's Note To speed publication, the Acts and Resolutions of the 1961 session, with the exception of the proposed amendments to the Constitution, were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 772. The proposed amendments to the Constitution were grouped together beginning at page 595 of Volume One and are followed by a complete index beginning at page 644. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. There are no intervening pages between 772 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1961 GEORGIA STATE HIGHWAY AUTHORITY ACTAMENDED No. 1 (House Bill No. 1) An Act to amend an Act approved March 25, 1953, (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11) known as the State Bridge Building Authority Act, dealing with the acquisitionm construction, financing and self-liquidating of projects, embracing bridges and the approaches thereto and the leasing of the same to the State Highway Department, so as by amendment to the State Bridge Building Authority Act to rename the short title of the Act to be cited as the Georgia State Highway Authority Act; to provide that existing roads on the State highway ststem of State-Aid roads, as well as bridges, be projects of the Authority; to rename the Authority the Georgia State Highway

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Authority; to make definitions of certain words and terms used in the Act; to confer powers and impose duties on the Authority; to provide for contracts by competitive bids; to provide for the initiation of projects, surveys, plans, specifications and studies by the State Highway Department and reimbursement for expenses; to provide for the lease of projects; to provide for the payment of rentals; to create an Authority Fund; to authorize the issuance of bonds and provide for the validation of same; to provide for the use of the proceeds of bonds; to protect the interests of, and to provide remedies for, bondholders; to protect and not impair the rights of existing holders of any bonds; to provide for the repeal of all laws or parts of laws in conflict with this Act; and for other purposes. Whereas, the General Assembly of Georgia has determined that the State Highway System now includes 16,000 miles of primary and secondary roads, the maintenance and improvement of which is by law the duty of the State Highway Board; and Whereas, the General Assembly finds that in previous sessions emphasis and appropriations have been primarily to add new roads and new bridges to an already heavily extended and under-financed State-Aid road system, but inadequate provision has been made for the upkeep, maintenance and improvement of the State Highway System; and Whereas, the General Assembly finds that the condition of the State Highway System has, for lack of proper maintenance and improvement funds, deteriorated to such an extent that the entire system must be overhauled by a capital improvement or the current rate of deterioration will exceed current maintenance, and that any further delay will but add to the ultimate expense of making safe and passable the existing roads; and Whereas, the General Assembly is alarmed by the death rate on our highways, a contributing factor being the poor condition of the State-Aid roads; and

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Whereas, the citizens of Georgia, in recognition of this fact, have by Constitutional amendment (Article VII, Section IX, Paragraph IV) appropriated and dedicated funds equal in amount to the moneys derived from the motor fuel taxes for the purpose of providing and maintaining an adequate system of public roads and bridges; and Whereas, the citizens of Georgia have recognized that existing contracts with public agencies and authorities must be obligations promptly and consistently met, and have by Constitutional amendment (Article VII, Section VI, Paragraph 1 (a) appropriated from the General Funds of the State moneys to meet these existing contractual obligations; and Whereas, the General Assembly deems it necessary and advisable to overhaul and make capital improvements of a permanent nature to the State Highway System of State-Aid roads (which is the same as primary Federal Aid and secondary Federal Aid roads) by means of long-term revenue bond financing which otherwise cannot be achieved; and Whereas, the reconstruction of existing roads on rights-of-way already belonging to the State can be accomplished at approximately 20% of the cost per mile of new roads on new rights-of-way; and Whereas, the General Assembly finds that reconstruction will reduce necessary maintenance costs in an amount at least equal to the debt service on the bonds required to finance such reconstruction, while at the same time such reconstruction would convert a presently dangerously outmoded State-Aid road system into a first-class system without adding new mileage to an already large highway system; and Whereas, the General Assembly finds that such a program of financing is like unto that undertaken by the State Bridge Building Authority with respect to bridges and in order to achieve and accomplish additional efficiency and economy amends the powers previously granted to that Authority with respect to

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bridges so that the same will include existing roads on the State Highway System and will add $100,000,000 to the existing $30,000,000 bonding power; Now therefore, be it enacted by the General Assembly of Georgia: Section 1. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 1 of said Act and inserting in lieu thereof a new section, to be numbered Section 1, which, when inserted, will read as follows: Section 1. Short title of Act . This Act may be cited as the `Georgia State Highway Authority Act.' Section 2. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 2 of said Act and inserting in lieu thereof a new section, to be numbered Section 2, which, when inserted, will read as follows: Section 2. (a) Georgia State Highway Authority created . There is hereby created a body corporate and politic and an instrumentality and public corporation of this State, to be known as `Georgia State Highway Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) Membership of the Authority; appointment; officers; quorum; books and records . The Georgia State Highway Authority shall consist of the same membership as the State Highway Board. The members of the State Highway Board shall be ex officio the members of the Authority as a separate and distinct duty, for which they shall receive no additional compensation. All members

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of the Authority shall be entitled to all actual expenses necessarily incurred while in the performance of their duties on behalf of the Authority. The Authority shall elect one of its members as chairman. It shall also elect a secretary and treasurer, who need not necessarily be a member of the Authority. The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. A majority of the members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of the quorum to transact any and all business as aforesaid. Members of the Authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the Authority, including books of income and disbursements of every nature. The books and records shall be inspected and audited by the State Auditor at least once a year. Section 3. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 3 of said Act and inserting in lieu thereof a new section, to be numbered Section 3, which, when inserted, will read as follows: Section 3. Definitions . As used in this Act the following words and terms shall have the meaning hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent: (a) AuthorityGeorgia State Highway Authority created by this Act.

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(b) Bonds and revenue bondsAny bonds issued by the Authority under the provisions of this Act, including refunding bonds. (c) Project (1) A continuous length or stretch of road (including bridges located thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Act, or as to which any such action has been completed by the Authority; and (2) One or more bridges (as herein defined) together with the approaches thereto (as herein defined). (d) BridgeA structure of standard design approved by the State Highway Department or its successor in office erected in order: (1) To afford unrestricted vehicular passage over obstructions in the public highways of the State, or between the State and any neighboring State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals and (2) To afford unrestricted vehicular passage under existing railroads and public highways. (e) ApproachNot more than three miles of the traffic artery on either end of the bridge and within the limit shall mean so much of the traffic arteries on either end of the bridges as shall be required to develop the maximum traffic capacity of the bridge, including necessary grading, paving, minor drainage structure and other construction necessary to the approach. (f) RoadAny continuous stretch existing of public way, road, thoroughfare, street or right-of-way designated as part of the State Highway System of State-Aid roads (which for the purpose of this Act is the same as primary Federal Aid and secondard Federal Aid roads) in the manner provided by law and not located wholly within the boundaries of any incorporated municipality,

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used to afford passage to persons and vehicles from one point to another within this State, including any bridge or bridges located thereon necessary to the convenient and unimpeded use of such road. The term shall also include a reasonable right-of-way on each side of any such road, together with the necessary drainage system, culverts, cuts, fills, and other appurtenances necessary or useful in connection with such road or acquired for the purpose of improving or straightening any such road. (g) Cost of project or projectsThe cost of construction, cost of all lands, properties, franchises, and rights in property, the cost of all machinery and equipment necessary for operation of a project, financing charges, interest prior to and during construction, cost of engineering, plans and specifications, surveys and supervision, legal expenses, expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, fiscal expense and such other expense as may be necessary or incident to the financing authorized by this Act and the expense of construction or any action permitted by this Act with respect to a particular project, and the placing of the same in operation, and including any other expense authorized by this Act to be incurred by the Authority which is incurred with respect to any action as regards a particular project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under the provisions of this Act for such project or group of projects. (h) Self-liquidatingA project, or group of projects shall be self-liquidating if in the judgment of the Authority the revenues, rents and earnings derived by the Authority therefrom will be sufficient to pay the principal of and interest on bonds which may be issued for the cost of such project or group of projects plus the cost of maintaining, repairing and operating said projects or combination of projects and other lawful expenses of the Authority.

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Section 4. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 4 of said Act in its entirety and inserting in lieu thereof a new section, to be numbered Section 4, which, when inserted, will read as follows: Section 4. Powers of the Authority . The Authority shall have, in addition to any other powers conferred in this Act the following powers: (a) To have a seal and alter the same at its pleasure. (b) To acquire, by purchase, lease, or otherwise, and to hold, lease and dispose of in any manner, real and personal property of every kind and character for its corporate purposes. (c) To appoint such additional officers, who need not be members of the Authority, as the Authority deems advisable, and to employ such experts, agents, and employees as may be, in its judgment necessary to carry on properly the business of the Authority; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same: Provided, however, that the total compensation paid such persons shall not exceed the sum of $50,000 per year. (d) To make such contracts and agreements as the legitimate and necessary purposes of this Act shall require, and to execute and perform lease contracts for projects as permitted by this Act, and to make all other contracts and agreements as may be necessary to the proper performance of any action permitted hereby. (e) To build, rebuild, construct, reconstruct, surface, resurface, lay out, grade, repair, improve, widen, straighten, operate, own, maintain, lease and manage projects located on property conveyed to the Authority as herein authorized, and to pay the cost in whole or in part of any such action or actions from the proceeds of bonds.

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(f) To borrow money for any of its corporate purposes and to issue bonds for such purposes as hereinafter provided. (g) To exercise any power granted to private corporations not in conflict with the Constitution and laws of this State, nor with other provisions of this Act. (h) To do and perform all things necessary or convenient to carry out the powers conferred upon the Authority by this Act. (i) By or through its agents, or employees, to enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings, and examinations as the Authority may deem necessary or convenient for the purposes of this Act, and such entry shall not be deemed a trespass. The Authority shall, however, make reimbursement for any actual damage resulting from such activities. (j) To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks and other equipment and appliances of any public utility in, on, along, over or under any project. (k) To prescribe rules and regulations for the operation of each project, should the Authority deem such rules and regulations necessary. Section 5. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 5 of said Act and inserting in lieu thereof a new section, to be numbered Section 5, which, when inserted, will read as follows: Section 5. Contracts; competitive bids . All contracts of the Authority for the construction of any project authorized by this Act shall be let only after public competitive sealed bids therefor upon plans and specifications

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approved by the State Highway Board or their successors in office. Section 6. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 7 of said Act and inserting in lieu thereof a new section, to be numbered Section 7, which, when inserted, will read as follows: Section 7. Initiation of projects; surveys, plans, specifications and studies by State Highway Department; reimbursement for expenses . (a) Action by the Authority as respects any project or combination of projects shall be initiated as follows: The State Highway Board, after investigation shall by resolution recommend to the Authority the undertaking with respect to a specific project or a group of projects of any action permitted by this Act deemed by said board to be desirable in the public interest and consistent with the purposes hereof. The Authority shall consider such request and may by resolution provide for undertaking and financing of all or any part of such recommended actions, but it shall be under no duty to undertake or finance any of them. (b) The State Highway Board is authorized to make and to expend any funds available to it for the purpose of making surveys, studies and estimates in connection with formulating its recommendations to the Authority; and it is further authorized to prepare and furnish and expend its funds for the purpose of preparing all necessary plans and specifications and furnishing all engineering skill and supervision for any project or projects with respect to which the Authority has undertaken or contemplates undertaking any action permitted by this Act. The State Highway Department shall keep an accurate record of such expenses, which, if not reimbursed, or paid for by the Authority as hereinafter permitted, shall be deemed proper and legitimate expenses of said board and department.

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(c) The surveys, plans and specifications for any action taken by the Authority with respect to any project shall be prepared by the State Highway Department and the engineering and construction supervision shall be performed by State Highway Department unless the State Highway Board specifically authorizes the Authority to do so with its own employees and agents. In any event, all such plans and specifications shall be approved by the State Highway Engineer before work is entered upon pursuant thereto. (d) The Authority may contract to reimburse the State Highway Board and Department for surveys, studies, estimates, plans, specifications, furnishing engineering skill and supervision, and for any other services permitted by this Act from the proceeds of any issue of revenue bonds secured by the rentals of the project or group of projects with respect to which the services were rendered, and the same shall be considered as part of the cost of the project. Section 7. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 8 of said Act and inserting in lieu thereof a new section, to be numbered Section 8, which, when inserted, will read as follows: Section 8. Lease of projects . The Authority as lessor is authorized to lease any project or group of projects to the State and the State Highway Department as lessees, and the Governor, on behalf of the State, and the State Highway Board, on behalf of the State Highway Department, are authorized to execute and enter upon such leases for the use of a project or group of projects by the State, The State Highway Department, and the general public, on the terms and conditions hereinafter set forth: (a) Said leases shall be for a term not in excess of 50 years;

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(b) The rental to be paid for the use of the project or projects shall be fixed by the Authority and shall be calculated so as to enable the Authority (1) To pay the principal of and interest on the bonds, the proceeds of which have been or will be spent on the cost of the project or projects thus leased, including premium, if any; (2) To comply with any sinking fund requirement contained in the indenture of trust securing such bonds; (3) To pay the cost of maintaining, repairing and operating such project or projects; (4) To perform fully all of the provisions of the trust indenture securing the bonds to the payment of which such rental is pledged; (5) To pay the pro rata share of the reasonable and necessary administrative and operating expense of the Authority, including any sum or sums that may be owed to the State Highway Department as a result of expenditures made by that department under the provisions of this Act; (6) To accumulate any excess income which may be required by the bond purchasers or dictated by the requirements of achieving ready marketability and low interest rates of the bonds; (7) To pay any expenses in connection with the bond issue or project or group of projects such as trustees' fees, counsel fees, fiscal fees, and the like. (c) The rental shall be payable at such intervals as may be agreed upon and set forth in such lease, and any lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking of the Authority with respect to any project or projects; and it may also provide for payment of

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rental during such times as the leased project or group of projects may be partially or wholly untenantable; (d) The lease may obligate the lessees to maintain and to keep in good repair (including complete reconstruction, if necessary) the leased projects, regardless of the cause of the necessity for such maintenance, repair, or reconstruction. If such provision be included in any lease, then the maintenance, repair, upkeep and reconstruction, if necessary, shall be performed by the State Highway Department of Georgia, which is hereby authorized to expend any sums legally available to it in carrying out such obligations. (e) The lease may obligate the lessees to indemnify and save harmless the Authority from any and all injury and damage to persons or property occurring on or by reason of the leased premises and improvements thereon, and to undertake at State expense the defense of any actions brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises; and a lease may contain a similar obligation on the part of the county through which a project covered by the lease runs. Section 8. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 9 of said Act in its entirety and thereby repealing said section. Section 9 of 1959 Act repealed. Section 9. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 11 of said Act and inserting in lieu thereof a new section, to be numbered Section 11, which, when inserted, will read as follows: Section 11. Payment of rentals; limit; enforcement of covenants . The rentals contracted to be paid by lessees to the Authority under leases entered upon pursuant to

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this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the Governor and the State Highway Board to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 10. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 12 of said Act and inserting in lieu thereof a new section, to be numbered Section 12, which, when inserted, will read as follows: Section 12. Authority fund . All revenues in excess of all obligations of the Authority of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the Authority for the security of bonds issued hereunder, together with all receipts and gifts of every kind and nature whatsoever shall be and become the Authority fund. The Authority in its discretion shall pledge or utilize the Authority fund for any one or more of the following purposes: (a) Pledges to the payment of any bond issue requirements, sinking or reserve funds, as may be provided for under the terms of this Act;

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(b) Payment of any outstanding unpaid bond obligations or administrative expenses; (c) The construction of any project requested by the State Highway Board the cost of which may amount to a sum less than the accumulated balance of such fund; (d) The most advantageous obtainable purchase, redemption and retirement of the Authority's bonds pursuant to privileges accorded to the Authority in the various issues of bonds outstanding; (e) The most advantageous open market purchase of the Authority's bonds that it may accomplish; (f) Investment in obligations of the United States or obligations the payment of which is guaranteed by the United States, of guaranteed convertibility or maturity not in excess of five years, provided, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this section. Section 11. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 14 of said Act and inserting in lieu thereof a new section, to be numbered Section 14, which, when inserted, will read as follows: Section 14. Bonds . The Authority shall have power and is hereby authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $130,000,000 in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects. The bonds of each issue shall be dated, shall bear interest as provided for in section 15, shall be payable in such manner of payment as to both principal and interest as may be determined by the Authority from the Special Funds provided in this Act

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for such payment, shall mature, not later than 30 years from the date of issuance, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Section 12. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 19 of said Act and inserting in lieu thereof a new section, to be numbered Section 19, which, when inserted, will read as follows: Section 19. Proceeds of bonds . The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds or shall be used for construction of additional projects as the resolution creating such bonds and the trust indenture securing them may provide. Any additional projects constructed with such excess moneys shall be included in the lease the rentals from which are

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pledged to the payment of such bonds by an appropriate amendment thereto, but no additional rental shall be charged merely on account of such additional projects. Section 13. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 27 of said Act and inserting in lieu thereof a new section, to be numbered Section 27, which, when inserted, will read as follows: Section 27. Remedies of bondholders . Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Highway Board and/or the State Highway Department or their respective successors; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof

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shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State; provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) and Article VII, Section IX, Paragraph IV of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 14. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 32 of said Act and inserting in lieu thereof a new section, to be numbered Section 32, which, when inserted, will read as follows: Section 32. Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the `Revenue Bond Law,' as amended (Ga. L. 1937, p. 761, as amended). Section 15. That an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), known as the State Bridge Building Authority Act, be amended by striking section 34 of said Act and inserting in lieu thereof a new section, to be numbered Section 34, which, when inserted, will read as follows: Section 34. Interest of bondholders protected . While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority

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or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance by its Highway Board and/or Department, or their successors, of all project rental and/or lease contracts and all the covenants thereof entered into under this Act. The provisions of this Act shall be for the benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds. Section 16. This Act, being an amendment to the Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended, is intended to be supplementary thereto and no provision of this Act is intended to, or shall be construed as, diminishing or impairing in any manner the rights of the holders of any bonds outstanding at the time of the approval of this Act, and should it be determined that any provision of this Act does diminish or impair any such right in any manner such provision is hereby declared to be ineffective for that purpose, but shall be effective for all other purposes. Intent. Section 17. The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction the decision of such court shall not affect the remaining provisions of this Act or the Act that it is amendatory of. Section 18. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved January 18, 1961.

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STATE HIGHWAY BOARDPOWER TO CONTRACT DEBTS. No. 2 (Senate Bill No. 1). An Act to amend the Act creating the State Highway Board, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), and as amended by an Act approved February 17, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 81), and as amended by an Act approved February 23, 1955 (Ga. L. 1955, p. 249), so as to authorize expressly the State Highway Board to execute and perform lease contracts for the use of projects as provided for in the Georgia State Highway Authority Act, as amended, and in the Georgia Rural Roads Authority Act and in the State Office Building Authority Act; to provide for a limitation upon the amount of such obligations; to designate certain funds which may be pledged for the payment of such obligations, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act entitled An Act to repeal an Act approved March 17, 1943 (Ga. L. 1943, p. 216-222), to create the offices of State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department; to prescribe the duties and powers, compensation and tenure; to provide for the management of county road mileage and the determination thereof; to provide for the distribution of funds to the counties for construction and maintenance of county roads and bridges exclusively; to provide for distribution of Federal-aid primary and Federal-aid secondary highway funds to congressional districts and cities; to provide long-range planning and construction and paving State highway roads and bridges not on the Federal-aid highway system; to prescribe venue and service for suits against said State Highway Department; to prescribe

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penalties; and for other purposes, approved February 2, 1950 (Ga. L. 1950, p. 62) as amended by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), and by an Act approved February 17, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 81), and by an Act approved February 23, 1955 (Ga. L. 1955, p. 249), is hereby amended by striking section 12 of said Act and inserting in lieu thereof a new section to be numbered section 12, which, when inserted, will read as follows: Section 12. Powers to contract debts prohibited; purchasing of materials, equipment and supplies . (a) The State Highway Board in the administration of the State Highway Department is hereby expressly prohibited from making or contracting any debts or entering into any contract, for which it does not have funds on hand to pay at the time of making said debt or entering into said contract; except that the State Highway Board in the administration of the State Highway Department is hereby expressly authorized to enter into lease contracts with the Georgia State Highway Authority, State Office Building Authority and the Georgia Rural Roads Authority, and may obligate the Department to pay lease rentals for the use of projects according to the provisions of the `Georgia State Highway Authority Act,' as amended, the `State Office Building Authority Act' as amended, and the `Georgia Rural Roads Authority Act,' as amended, provided that the total of such lease rentals contracted to be paid at any time shall never exceed $11,000,000 per annum for such lease contracts with Georgia State Highway Authority, $400,000 for such lease contracts with the State Office Building Authority and $8,500,000 per annum for such lease contracts with Georgia Rural Roads Authority. For the purpose of paying said lease rentals such funds as may be received by the State Highway Department for the cost of maintaining, improving and reconstructing the roads and bridges on the State highway system and the cost incident thereto, may be pledged by the State Highway Board in the administration of the State Highway Department for the payment of such lease rentals.

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(b) The chairman of the State Highway Board shall advertise for competitive bids on all road contracts, bridge contracts, and all other construction contracts, involving funds in the amount of $1,000 or more, all of which must be approved by the State Highway Board or a majority thereof in writing and no contract shall be made or let without two or more bids from reliable individuals, firms or corporations, except contracts with political subdivisions or other departments of the State which shall be let at the average bid price of the same kind or work let to contract after advertisement during the period of sixty days prior to the letting of the contract. (c) By lease contracts entered into pursuant to Constitutional provisions (one of which provided that motor fuel tax and motor vehicle license tax should be appropriated for highway purposes in an amount not less than the taxes collected from these two sources) the State by the State Highway Board has entered into valid contracts making the payment of lease rentals a first charge on these funds. The State Highway Board, in administration of the State Highway Department, is hereafter expressly prohibited from making and entering into any lease contracts if the aggregate of such lease rentals exceed $19,900,000 per annum, or 15 per cent of the appropriation received by the State Highway Department in the fiscal year immediately preceding the making or entering into of any such lease rental contract, whichever is greater; and the State Highway Board shall make this prohibition a covenant of any lease contract entered into in the future. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved January 18, 1961.

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COWETA JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 10 (House Bill No. 91). An Act to provide for a supplement to the compensation of the solicitor-general of the superior courts of the Coweta Judicial Circuit: To provide for method and means for payment of such supplement in specified amounts by the counties comprising the Coweta Judicial Circuit: To provide levying of a tax to pay said supplement: To provide an effective date: To repeal conflicting laws: And for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Solicitor-General of the Superior Courts of the Coweta Judicial Circuit shall receive in addition to any compensation, allowances, funds or moneys of any kind received by him from the State, a supplement in compensation in the amount of nine thousand three hundred fifty ($9,350.00) dollars per annum, to be paid from the funds of the counties comprising the Coweta Judicial Circuit. The annual amount which shall be paid by each of said counties is as follows: Salary. Carroll County $ 2477.75 Coweta County $ 1963.50 Heard County $ 364.65 Meriwether County $ 1337.05 Troup County $ 3207.05 Section 2. Each of the above named counties by and through the proper authorities, shall pay the above supplemental salaries in equal monthly installments from the county treasury on the first day of each month. Payable monthly. Section 3. It shall be the duty of the board of commissioners of roads and revenues or other authority having control of county matters, to make provisions when levying taxes for the expenses of the courts, for the levying and collection of sufficient taxes for the purpose of

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paying the salary supplement as herein provided, and the power to levy taxes for such purposes is hereby delegated to the proper authority of the counties comprising the Coweta Judicial Circuit. Section 4. This Act shall become effective on the first day of the month following the approval of this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Carroll County. Personally appeared before me the undersigned, Stanley Parkman, who being duly sworn deposes on oath and says that he is the author of the Carroll County Georgian, and that the same is a public gazette published in the City of Carrollton in Carroll County, Georgia, and that said newspaper is one of general circulation in said county and is the legal organ for the County of Carroll. Deponent further says that the following notice, to wit: Notice of Legislation. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia, legislation to amend an Act approved January 27, 1949, (Ga. L. Ex. Sess. 1948, pp. 15, 16, and 17), setting the salary of the Solicitor of the Coweta Judicial Circuit and for other purposes. The Solicitor-General of the Superior Courts of the Coweta Judicial Circuit shall receive a supplement in compensation in an amount not to exceed eleven thousand seven hundred fifty ($11,750.00) dollars per annum, to be paid from the funds of the counties comprising the Coweta Judicial Circuit as the population of the respective counties, according to the 1960 census, bears to the total population of all the counties of the Coweta Judicial Circuit. The annual amount which shall be paid by each of said counties is as follows: Carroll County$3,113.75; Coweta County$2,467.50; Heard County$458.25; Meriwether County$1,680.25; and Troup County$4,030.25.

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has been published in the said Carroll County Georgian, to wit: On December 15, 1960, December 22, 1960, and December 29, 1960; being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Stanley Parkman Sworn and subscribed to before me, this the 2nd day of January, 1961. /s/ Martha Sue Lambert Notary Public, Carroll County, Georgia. (Seal). Georgia, Coweta County. Personally appeared before me the undersigned, E. W. Thomasson, who being duly sworn deposes on oath and says that he is publisher of the Newnan Times Herald, and that the same is a public gazette published in the City of Newnan, Coweta County, Georgia, and that said newspaper is one of general circulation in said county and is the legal organ for the County of Coweta. Deponent further says that the following notice, to wit: Notice of Legislation. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia, legislation to amend an act approved January 27, 1949, (Ga. L. Ex. Sess. 1948, pp. 15, 16, and 17, setting the salary of the Solicitor-General of the Coweta Judicial Circuit and for other purposes. The Solicitor-General of the Superior Courts of the Coweta Judicial Circuit shall receive a supplement in compensation in an amount not to exceed eleven thousand seven hundred fifty ($11,750.00) Dollars per annum, to be paid from the funds of the counties comprising the Coweta Judicial Circuit as the population of the respective counties, according to the 1960 census, bears to the total population of all the counties of the Coweta Judicial Circuit. The annual amount which shall be paid by each of said counties is

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as follows: Carroll county, $3,113.75, Coweta county$2,467.50; Heard County$458.25; Meriwether County$1,680.25, and Troup County$4,030.25. has been published in the said Newnan Times Herald, to wit: December 15, 1960, December 22, 1960 and December 29, 1960; being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ E. W. Thomasson Sworn and subscribed to before me, this the 5th day of January, 1961. /s/ Faye A. Lipford, Notary Public Coweta County, Georgia. (Seal). Georgia, Heard County. Personally appeared before me the undersigned, Berrien T. McCutchen, who being duly sworn deposes on oath and says that he is the publisher of the News and Banner; and that the same is a public gazette published in the City of Franklin, Heard County, Georgia, and that said newspaper is one of general circulation in said county and is the legal organ for the County of Heard, deponent further says that the following notice, to wit: Notice of Legislation. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia, legislation to amend an Act approved January 27, 1949, (Ga. L. Ex. Sess. 1948; pp. 15, 16 and 17), setting the salary of the Solicitor-General of the Coweta Judicial Circuit and for other purposes. The Solicitor-General of the Superior Courts of the Coweta Judicial Circuit shall receive a supplement in compensation in an amount not to exceed eleven thousand seven hundred fifty ($11,750.00) dollars per annum, to be paid from the funds of the counties comprising the Coweta Judicial Circuit as the population of the respective counties, according to the 1960 census, bears to the total population of all the

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counties of the Coweta Judicial Circuit. The annual amount which shall be paid by each of said counties is as follows: Carroll County, $3,113.75; Coweta County$2467.50; Heard County$458.25; Meriwether County$1,680.25; and Troup County$4,030.25. has been published in the said News and Banner, to wit: Dec. 23rd, 1960; Dec. 30th, 1960 and Jan. 6th, 1961; being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Berrien T. McCutchen Sworn and subscribed to before me, this the 6th day of Jan., 1961. /s/ Talmadge Davis, Clerk, Heard Superior Court. (Seal). Georgia, Meriwether County. Personally appeared before me the undersigned, Mrs. R. K. Stovall, who being duly sworn deposes on oath and says that she is the publisher of the Meriwether Vindicator, and that the same is a public gazette published in the City of Greenville in Meriwether County, Georgia, and that said newspaper is one of general circulation in said county and is the legal organ for the County of Meriwether. Deponent further says that the following notice, to wit: Notice of Legislation. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia, legislation to amend an Act approved January 27, 1949, (Ga. L. Ex. Sess. 1948, pp. 15, 16 and 17), setting the salary of the Solicitor of the Coweta Judicial Circuit and for other purposes. The Solicitor-General of the Superior Court of the Coweta Judicial Circuit shall receive a supplement in compensation in an amount not to exceed ($11,750.00) dollars per annum, to be paid from the funds of the counties comprising the Coweta Judicial

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Circuit as the population of the respective counties, according to the 1960 census, bears to the total population of all the counties of the Coweta Judicial Circuit. The annual amount which shall be paid by each of said counties is as follows: Carroll County$3,113.75; Coweta County$2,467.50; Heard County$458.25; Meriwether County$1,680.25; and Troup County$4,030.25. has been published in the said Meriwether Vindicator, to wit: on December 22nd, December 29th, 1960, and January 5, 1961; being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Mrs. R. K. Stovall Sworn and subscribed to before me, this the 5th day of January, 1961. /s/ John Head Ordinary, Meriwether County, Georgia. (Seal). Georgia, Troup County. Personally appeared before me the undersigned, Wm. A. Coker, who being duly sworn deposes on oath and says that he is general manager, of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia, and that said newspaper is one of general circulation in said county and is the legal organ for the County of Troup. Deponent further says that the following notice, to wit: Notice of Legislation. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia, legislation to amend an Act approved January 27, 1949, (Ga. L. Ex. Sess. 1948, pp. 15, 16, and 17), setting the salary of the Solicitor-General of the Coweta Judicial Circuit and for other purposes. The Solicitor-General of the Superior Courts of the Coweta Judicial Circuit shall receive a supplement in compensation in an amount not to exceed eleven thousand seven hundred fifty ($11,750.00)

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dollars per annum, to be paid from the funds of the counties comprising the Coweta Judicial Circuit as the population of the respective counties, according to the 1960 census, bears to the total population of all the counties of the Coweta Judicial Circuit. The annual amount which shall be paid by each of said counties is as follows: Carroll County, $3,113.75, Coweta County$2,467.50; Heard County$458.25; Meriwether County$1,680.25, and Troup County$4,030.25. has been published in the said LaGrange Daily News, to wit: Dec. 16, 1960, Dec. 23, 1960, and Dec. 30, 1960; being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ William A. Coker Sworn and subscribed to before me, this the 5th day of Jan., 1961. /s/ Eleanor H. Orr. Notary Public, Troup County, Georgia. (Seal). Approved January 30, 1961. EDUCATIONSUSPENSION OF OPERATION AND REOPENING OF SCHOOL SYSTEMS. No. 13 (House Bill No. 174). An Act to provide for suspension and reopening of public schools; to provide for the call of an election on said issue, to prescribe the procedure relating thereto; to provide that teachers' and other contracts shall not be affected by such suspension but that the compensation thereunder shall continue under specified terms; to provide for a continuation of state funds to any local system closed hereunder; to authorize the State Board of Education to promulgate rules and regulations

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providing for computation of such state funds; to provide for suspension of the compulsory school attendance law; to define local school system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any county, city or other local school system board of education may at any time, by resolution of a majority of the members, call an election on the question of suspending operation of the public schools under said board's jurisdiction; provided, that it shall be the duty of said board to call such an election when a petition signed by at least fifteen (15%) per cent. of the registered voters residing within the local system is presented to the board requesting such an election. Elections to suspend operation. Section 2. A certified copy of the resolution calling an election under section 1 hereof shall be delivered to the Ordinary, and it shall be his duty within not less than five (5) days after receipt thereof to issue a call for such election by publishing notice of the time and place thereof once a week for two (2) weeks (without regard to the number of days) in the newspaper in which county advertisements are published. Said election shall be called to be held by the Ordinary not less than fifteen (15) nor more than thirty (30) days after the call thereof by the Ordinary. Only persons qualified to vote for members of the General Assembly within the limits of the system affected shall be entitled to vote in such election. The ballots to be used in such election shall have imprinted thereon the words For Suspension of Public Schools in (name of system). and, Against Suspension of Public Schools in (name of system). The Ordinary shall canvass the ballots and certify the results thereof to the local board of education. The cost of conducting all elections under this Act shall be paid from county funds as now provided for general elections. Same, call, notice, ballots and returns. Section 3. If a majority of the qualified voters voting in said election vote in favor of suspending operation of the schools in such local system, it shall be the duty of

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the local school board thereof to suspend operation of said schools and to close same, in which event the board shall take all steps necessary to preserve and protect school properties during and after such suspension. After such suspension, the local board of education and superintendent shall continue to function for the purpose of administering such duties as may be authorized or required by law. Such suspension shall not affect the contracts of any principals, teachers and other school personnel with the local system, but all such persons shall continue to receive the salary or other compensation thereunder provided until such time as other suitable and adequate employment is obtained, but in no event to continue beyond the contract term; nor shall such suspension impair the obligation of any other indebtedness incurred by the local system for the operation of public schools prior to suspension, or for temporary loans, or for capital outlay, whether by bonded indebtedness, rentals due under lease contracts with the State School Building Authority, or otherwise. Suspension of operations, contracts, etc. Section 4. Where a local school system has suspended operation of its public schools as herein provided, such system shall continue to receive state funds in amounts computed by the State Board of Education, so far as possible, in accordance with laws now or hereafter in force governing the allocation and distribution of state funds for educational purposes to local units of administration. Such funds shall be allotted in such manner as will insofar as possible reflect the amount of state money which such local school system would receive if the public schools were open during the school year in question. State funds. Section 5. Any local board of education may at any time by resolution of a majority of the members, call for an election on the question of reopening the public schools under its jurisdiction; provided, that an election shall be called by the board when a petition signed by not less than fifteen (15%) per cent of the qualified registered voters residing within the local system is presented to the board. Such election shall be called, advertised,

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financed and conducted in the same manner as hereinbefore provided for elections on the question of suspending operation of the schools. The ballots shall have imprinted thereon, For Reopening of Schools in (name of system), and Against Reopening of Schools in (name of system). If a majority of the voters voting in such election vote in favor of reopening the schools, it shall be the duty of the local board to accomplish such reopening at the earliest possible date, but not later than 30 days after said election. Elections to reopen schools, etc. Section 6. When, for the same school year, there has been an election on the question of suspending or reopening the schools in a given local system, it shall be discretionary only and not mandatory with the board thereof as to whether a second election on either of such questions shall be held, notwithstanding the filing with the board of a petition as hereinbefore provided. Successive elections. Section 7. When the schools have been suspended in any local system under this Act, the compulsory school attendance law shall become inoperative in such system, and no child in such system shall be entitled as of right to attend a public school therein or elsewhere. Compulsory attendance. Section 8. 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 was not originally a part hereof. The General Assembly hereby 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. Severability. Section 9. As used herein, the words local school system shall mean and include all county, city, independent and other public school systems in existence in

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this state, whether created before or after the Constitution of 1877. Local school system defined. Section 10. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1961. EDUCATIONGRANTS FOR EDUCATION, POWERS OF COUNTY SCHOOL BOARDS. Code 32-909, 32-937 Amended. No. 14 (Senate Bill No. 48). An Act to implement Article VIII, Sec. XIII, Par. I of the Constitution of Georgia by providing grants of state and local funds for school children; to prescribe the amount, terms and conditions, and manner of payment; to authorize supplements to such grants from state funds; to provide for grants where the local system wrongfully fails or refuses to make such grants; to provide misdemeanor punishment for violation of any terms of this Act or for the making of any false statement in writing under this Act; to define terms; to specifically repeal certain Acts; to amend Code sections 32-909 and 32-937 relating to powers of county boards of education so as to redefine same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the purpose of this Act to implement Article VIII, Section XIII, Par. I of the Constitution of Georgia, and to further secure the constitutional rights of school children to attend private schools of their choice in lieu of public schools. Intent. Section 2. Every school child in this State between the ages of six (6) and nineteen (19) who has not finished

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or graduated from high school, in lieu of attending the public schools, shall be entitled to receive from the local board of education or other local governing authority wherein such child resides, a grant of state and local funds to be expended for the purpose of attending a nonsectarian private school. The amount of each such grant shall be determined by dividing the total state and local funds for each school year available in the local school system for teachers' and other school personnels' salaries, pupil transportation and other items of current expense, by the number of pupils in such local system; provided, however, the local board may prescribe differentials as between grants for elementary pupils and grants for high school pupils. Where capital outlay or other funds are available and not obligated under bonded indebtedness or as rentals to the State School Building Authority, or otherwise, such funds may also be included in such computation for distribution as grants hereunder. The Governor and State Board of Education are also authorized to make available to the several local school systems such additional sums of state funds as may be available, to be used by such local system in supplementing the education grants hereinbefore provided. Said grants shall be paid by check to the parent, legal guardian or custodian of the child entitled thereto. Grant of funds, amount. Section 3. For the purpose of implementing this Act, the local boards of education are hereby authorized and directed to prescribe the necessary application forms to be used by persons applying for such grants. Application forms. Section 4. If the State Superintendent of Schools determines that any local school system wrongfully fails or refuses to pay any grant as hereinbefore provided, he may direct the payment from state funds of such grant in the same amount and manner as if such grant had been made by the local system, and all such sums so paid shall be deducted from the state funds to which such local system otherwise would have been entitled under applicable law. State superintendent of schools. Section 5. Any person who shall knowingly make any

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false statement in writing in any application or form required or authorized under this Act; or any parent, legal guardian or custodian who uses or permits to be used any grants hereunder made for purposes other than for education in the manner applied for, shall be guilty of a misdemeanor and punished as provided by law. Crimes. Section 6. As used herein, the words local school system shall mean and include all county, city, independent and all other public school systems in existence in this State, whether created before or after the Constitution of 1877. Local school systems. Section 7. Section 32-937 of the Code, relating to admission to the common school system, as amended by an Act approved March 9, 1945 (Ga. L. 1945, p. 397), is hereby amended by striking said section and by substituting in lieu thereof the following: Section 32-937. Admission to all common schools shall be gratuitous to all children between the ages of six (6) and nineteen (19) years residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the State and the veterans desiring to attend the common schools of this State. Code 32-937 amended. Section 8. All laws heretofore enacted dealing with education grants, more specifically an Act approved February 6, 1956 (Ga. L. 1956 Vol. 1, p. 6), and an Act approved February 3, 1959 (Ga. L. 1959 Vol. 1, p. 15); also an Act relating to the control and limitation of education funds, approved February 11, 1955 (Ga. L. 1955, p. 174); and an Act relating to the limitation upon the powers of taxation of independent school systems, approved March 10, 1959 (Ga. L. 1959 Vol. 1, p. 157), as

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amended by an Act approved February 19, 1960 (Ga. L. 1960 Vol. 1, p. 147-149), are hereby repealed. Prior Acts repealed. Section 9. Code Section 32-909, as amended by Acts approved February 10, 1937 (Ga. L. 1937, pp. 882, 892) and February 1, 1946 (Ga. L. 1946, pp. 206, 207), which section relates to the powers of school boards, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 32-909. The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair or rent school houses, purchase maps, globes, and school furniture, and make all arrangements necessary to the efficient operation of the schools. The said boards are invested with the title, care and custody of all schoolhouses or other property, with power to control the same in such manner as they think will best serve the interests of the common schools; and when, in the opinion of the board, any schoolhouse site has become unnecessary or inconvenient, they may sell the same in the name of the county board of education; such conveyance to be executed by the president or secretary of the board, according to the order of the board. They shall have the power to receive any gift, grant, donation, or devise made for the use of the common schools within the respective counties, and all conveyances of real estate which may be made to said board shall vest the property in said board of education and their successors in office. In respect to the building of schoolhouses, the said board of education may provide for the same by a tax on all property located in the county and outside the territorial limits of any independent school system. The construction of all public school buildings must be approved by th superintendent and board of education and must be according to the plans furnished by the county school authorities and the State Board of Education. Code 32-909 amended. Section 10. All other laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1961.

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EDUCATIONHEARINGS BY, AND APPEALS FROM, LOCAL BOARDS. DUTIES OF STATE BOARD OF EDUCATION. Code 32-910 Amended. No. 15 (Senate Bill No. 49). An Act to amend Code section 32-910, as amended, relating to appeals to the State Board of Education, so as to redefine the school systems from which such appeals may be taken; to redefine the procedure on such appeals; to repeal section 6 of an Act approved February 10, 1937 (Ga. L. 1937, pp. 864, 867) relating to appeals to the State Board; to amend section 3 of said Act, relating to the powers of the State Board, so as to redefine same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Code section 32-910 of the Code, as amended by an Act approved March 24, 1947 (Ga. L. 1947, p. 1189), relating to appeals to the State Board of Education, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 32-910. The county, city or other independent board of education shall constitute a tribunal for hearing and determining 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, and when such board has made a decision, it shall be binding on the parties; provided however, either party shall have the right to appeal to the State Board of Education, which appeal shall be made through the local superintendent of schools in writing and shall distinctly set forth the question in dispute, the decision of the local board, a transcript of the testimony and other evidence adduced before the board certified as true and correct by the local superintendent, and

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a concise statement of the reasons why the decision below is complained of. This section shall apply to all county, city, or independent school systems in this state, regardless of when created. The State Board shall provide by regulation for notice to the parties and hearing on the appeal. Code 32-910 amended. Section 2. Section 6 of an Act approved February 10, 1937 (Ga. L. 1937, pp. 864, 867), relating to appeals to the State Board of Education, is hereby repealed. Section 6 1937 Act repealed. Section 3. Section 3 of said Act, relating to the powers of the State Board is hereby amended by striking said section and by substituting in lieu thereof the following: Section 3. The State Board of Education shall provide rules and regulations prescribing a course of study for all common and high schools receiving State aid and may, in their discretion, approve additional courses of study set up by the local units of administration; provide for curriculum revisions and for the classification and certification of teachers. They shall make such rules and regulations as may be necessary for the administration of the common school fund. They shall prepare and submit to the Governor and General Assembly of the State of Georgia an estimate of the funds necessary for the operation of the State Public School System. They shall have general supervision of the State Department of Education and shall employ and dismiss, upon the recommendation of the State Superintendent of Schools, such clerical employees, supervisors, administrators, and other employees as may be necessary for the efficient operation of the State Department of Education. They shall set aside the necessary funds for the maintenance of the office of the State Department of Education and the State Superintendent of Schools, the amount and sufficiency of said funds to be in the discretion of the State Board of Education, said funds to be disbursed by the State Superintendent of Schools in the payment of salaries and travel expense of employees; for printing, communication, equipment, repairs and other expenses incidental to the operation of the State Department of Education. Section 3 of 1937 Act amended.

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Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1961. SOUTHERN JUDICIAL CIRCUITCOMPENSATION OF JUDGE. No. 17 (House Bill No. 10). An Act to amend an Act which provides for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit and for payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), by striking in its entirety section 1 of said Act and inserting in lieu thereof a new section 1 which provides for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit and for payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), is hereby amended by striking in its entirety section 1 of said Act and inserting in lieu thereof a new section 1 which shall read: Section 1. The judge of the superior courts of the Southern Judicial Circuit shall receive in addition to any compensation, allowances, funds, or moneys of any kind received by him from the State, a supplement in compensation

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in the amount of $3,600.00 per annum, to be paid monthly from the funds of the counties comprising the Southern Judicial Circuit. The amount which shall be paid by each of said counties is as follows: Brooks County, $396.00 per annum. Colquitt County, $898.00 per annum. Echols County, $72.00 per annum. Lowndes County, $1,332.00 per annum. Thomas County, $902.00 per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1961. GENERAL ASSEMBLYEMPLOYMENT OF MEMBERS BY EXECUTIVE BRANCH OF STATE GOVERNMENT. No. 18 (House Bill No. 109). An Act to amend an Act entitled, An Act to make it a crime: To improperly influence legislative action; to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; to accept remunerations in addition to compensation provided by law while acting as an officer, employee, or agent of the State; to embezzle or convert public money or records; to convert the property of another while acting as an officer, employee or agent of the State; to fail to fully account for public money; to misuse public funds or property while acting as a custodian; to accept kickbacks from public employees; to make false statements and entries in public records; to make false acknowledgements or appearances or oaths; to wrongfully use the seal of the State, or any agency thereof; to make false certificates and false statements; to trade in public property while a public officer; and to prohibit conspiracies and restraint of free and open competition

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in transactions with the State; to enforce the separation of powers provision in the constitution of the State; to prohibit the offering or accepting of anything of value to influence members of the executive branch of government, the legislative branch of government, or the judicial branch of government; and for other purposes, approved February 12, 1959 (Ga. L. 1959, p. 34), so as to provide that certain provisions therein shall not apply to any member of the General Assembly who has been an officer or employee of the executive branch of government for more than seventeen years; 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 make it a crime: To improperly influence legislative action; to deal with the State; directly or indirectly, while acting as an officer, employee, or agent of the State; to accept remunerations in addition to compensation provided by law while acting as an officer, employee, or agent of the State; to embezzle or convert public money or records; to convert the property of another while acting as an officer, employee, or agent of the State, to fail to fully account for public money; to misuse public funds or property while acting as a custodian; to accept kickbacks from public employees; to make false statements and entries in public records; to make false acknowledgements or appearances or oaths; to wrongfully use the seal of the State or any agency thereof; to make false certificates and false statements; to trade in public property while a public officer; and to prohibit conspiracies and restraint of free and open competition in transactions with the State; to enforce the separation of powers provision in the Constitution of the State; to prohibit the offering or accepting of anything of value to influence members of the executive branch of government, the legislative branch of government, or the judicial branch of government; and for other purposes, approved February 12, 1959 (Ga. L. 1959, p. 34), is hereby amended by adding to section 7 thereof, the following sentence:

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Provided, further, that nothing in this section shall be construed to apply to any member of the General Assembly who has been an officer or employee of the executive branch of government of the State of Georgia for more than seventeen years, if all of such service in the executive branch was performed prior to the effective date of this section which was January 1, 1961. so that when amended section 7 shall read as follows: Section 7. Enforcement of the separation of powers provision of the Constitution . To the end that the mandate of the Constitution contained in Article 1, Section 1, Paragraph XXIII, to the effect that the legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at any time, exercise the functions of either of the others.....' be more adequately enforced; it shall be unlawful for (a) members of the General Assembly to accept or hold office or employment in the executive branch of the government of the State of Georgia, or any agency thereof, or in the judicial branch of government; (b) judges of courts or record or their clerks and assistants, to accept or hold office or employment in the executive branch of the government of the State of Georgia, or any agency thereof, or in the legislative branch of government; (c) officers or employees of the executive branch of government, to accept or hold office or employment in the legislative or judicial branches of government. Any person who knowingly disburses or receives any compensation or money in violation of this section shall be guilty of a misdemeanor. Provided, however, that nothing within this section shall be construed to apply to any officer or employee of the executive branch who has taken a leave of absence without pay from his post for temporary service as an employee of the legislative branch while it is in session and during the authorized stay over period. Provided, further, that nothing in this section shall be construed to apply to any member of the General Assembly who has been an officer or employee of the executive branch of government of the State of Georgia for more than seventeen years, if all

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of such service in the executive branch was performed prior to the effective date of this section which was January 1, 1961. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1961. ESTABLISHMENT OF GUARD LINES AT PENITENTIARIES. No. 25 (House Bill No. 143). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 1956 (Ga. L. 1956, p. 161, et seq.), so as to provide for the establishment of guard lines at the various penitentiaries; to provide that it shall be unlawful for any person to come inside said guard lines with gun, pistol or intoxicating liquors; to provide that it shall be unlawful for any person to traffic with, trade with, buy from or sell to convicts; to provide arresting authority for wardens and deputy wardens; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 1956 (Ga. L. 1956, p. 161, et seq.) is hereby amended by adding the following new sections: Section 33.1. Guard lines shall be established at the various penitentiary camps, by the warden and his

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deputy wardens in charge, in the same way and manner that land lines are, except that at each corner of said lines finger boards must be used, on which shall be plainly stamped or written: `Guard line ofcamp.' Said finger boards shall also be placed at all entrances and exits for vehicles and pedestrians at said camps, and at such intervals along said guard lines as will reasonably place all persons approaching the guard line on notice of the location of said penitentiary camps. Guard lines. Section 33.2. It shall be unlawful for any person to come inside of the guard lines established, with gun, pistol, or any other weapon, or any intoxicating liquors, without the knowledge and consent of the warden or his deputy wardens in charge. Same, crimes. Section 33.3. It shall be unlawful for any person to trade or traffic with, buy from, or sell to a convict any article without the knowledge and consent of the warden or his deputy warden in charge. Trades with convicts. Section 33.4. It shall be unlawful for any person to loaf, linger, or stand around where convicts are employed or kept, after having been ordered by the warden or deputy warden in charge of said convicts to desist therefrom. Lingering around convicts. Section 33.5. The wardens shall have authority to deputize any person, and such warden and his deputies are by this law legally constituted arresting officers, with or without warrants, for the purpose of arresting persons violating sections 33.1 through 33.4 of this Act, and any person resisting arrest shall be dealt with as the law directs for resisting an officer. Deputies. Section 33.6. Any person violating any of the provisions of Sections 33.3 and 33.4 shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $25.00, or shall be imprisoned not less than six (6) months nor more than twelve (12) months, or shall be subject to both fine and imprisonment in the discretion of the court. Misdemeanors.

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Section 33.7. Any person violating any of the provisions of section 33.2 shall be guilty of a felony and upon conviction shall be sentenced to not less than one year nor more than four (4) years imprisonment. Felony. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1961. STATE FUNDS FOR IMPROVEMENT OF REAL ESTATE. No. 27 (House Bill No. 55). An Act to provide that any real estate held by the State of Georgia in fee simple or under a quit claim deed with a reversionary interest in the federal government, or under a long term federal license agreement with a reversionary interest in the federal government may be improved with funds appropriated for a State Department provided that the Budget Bureau as well as the Director of the Department affected must consent to the use of such funds if the amount of the funds to be appropriated exceeds one thousand ($1,000.00) dollars; to specifically repeal an Act approved February 2, 1945 (Ga. L. 1945, p. 124); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following words and phrases, when used in this Act, shall for the purposes of this Act have the meaning respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: 1. Long Term Federal LicenseA license, under which the State of Georgia holds real estate belonging

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to the federal government, for a period of ten years or longer. Definitions. Section 2. Any real estate held by the State of Georgia in fee simple or held under a quit claim deed with a reversionary interest in the federal government or under a long term federal license agreement with a reversionary interest in the federal government may be improved with funds appropriated for a State Department provided the Director of the Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to the use of such funds if the amount of the funds to be appropriated exceeds one thousand ($1,000.00) dollars. If the amount of the improvement funds to be appropriated is one thousand ($1,00.00) dollars or less, the Director of the Department shall have the authority to approve the appropriation without the approval of the Budget Bureau. Improvement of certain real estate. Section 3. An Act entitled, An Act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the Head of the Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 124), is hereby repealed in its entirety. 1945 Act repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1961.

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ROME JUDICIAL CIRCUITSALARIES OF ASSISTANT SOLICITOR-GENERAL AND CLERK TYPIST. No. 28 (House Bill No. 298). An Act to amend section 7 and 9 of an Act entitled Rome Judicial Circuit, Solicitor-General and Assistant, Georgia Laws 1956, pp. 385-390, by increasing the salary of the assistant solicitor-general from five hundred ($500.00) dollars per month to six hundred, twenty-five ($625.00) dollars per month; to increase the salary of the clerk-typist from three hundred ($300.00) dollars per month to three hundred, fifty ($350.00) dollars per month; to repeal all laws or parts of laws in conflict therewith. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the effective date of this Act; Section 1. That section 7 of the Act of 1956, pp. 385-390, relating to the salary of the assistant solicitor-general of the Rome Judicial Circuit, be and the same is hereby amended by striking and repealing the words and figures five hundred dollars ($500.00) in lines 2 and 3 of said section, and enacting in lieu thereof the words and figures six hundred, twenty-five ($625.00) dollars, so that said section 7 shall read as follows: Section 7. Said assistant solicitor-general shall be paid out of county funds a salary of six hundred, twenty-five ($625.00) dollars per month, payable monthly. Assistant solicitor-general. Section 2. That section 9 of the Act of 1956, pp. 385-390, relating to the salary of the clerk-typist employed by the solicitor-general, be and the same is hereby amended by striking and repealing the words and figures three hundred dollars ($300.00), in line 4 of said section, and enacting in lieu thereof the words and figures three hundred, fifty ($350.00), so that said section 9 shall read as follows: Clerk typist.

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Section 9. Said clerk-typist shall be paid out of county funds a monthly salary in such amount as may be determined from time to time by said solicitor-general not to exceed the sum of three hundred, fifty ($350.00) per month. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. The notice and affidavit attached hereto are made a part of this Bill, and reference is made thereto. Notice of Intention to Ask Legislation. To the People of Floyd County: Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session in 1961, for the enactment of a local bill to amend an act entitled Rome Judicial CircuitSolicitor-General and Assistant, Georgia Laws 1956, pp. 385-390, so as to increase the monthly salary paid to the assistant solicitor-general of the Rome Judicial Circuit and the monthly salary of the clerk-typist authorized in said act to be employed by the solicitor-general. This notice is given in compliance with Article 3, Section 14 of the Constitution of the State of Georgia, as amended in 1945. This 21st day of December, 1960. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives. Georgia, Floyd County: Personally appeared before the undersigned official authorized to administer oaths, J. Battle Hall, who, on oath states that he is a member of the General Assembly

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from Floyd County, and is the author of the local Bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation out-lined in said Bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said Bill, are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a part of said Bill; and that said notice was published as provided by law. This 26 day of January, 1961. /s/ J. Battle Hall. Sworn to and subscribed before me, this 26 day of January, 1961. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Notice of Intention to Ask Legislation. To the People of Floyd County: Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session in 1961, for the enactment of a local bill to amend an act entitled Rome Judicial CircuitSolicitor-General and Assistant, Georgia Laws 1956, pp. 385-390, so as to increase the monthly salary paid to the assistant solicitor-general of the Rome Judicial Circuit and the monthly salary of the clerk-typist authorized in said act to be employed by the solicitor-general. This notice is given in compliance with Article 3, Section 14 of the Constitution of the State of Georgia, as amended in 1945.

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This 21st day of December, 1960. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives. Approved February 23, 1961. GAME AND FISHNON-RESIDENT FISHING LICENSES. No. 31 (House Bill No. 44). An Act to amend an Act relating to the Game and Fish Commission and to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 485), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960), p. 974), so as to provide for a three-day Statewide non-resident fishing license; to provide the fee therefor and the disposition thereof; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the Game and Fish Commission and to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 485), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 974), is hereby amended by adding a new section to be numbered section 30A, to read: Section 30A. Any other provision of this Act to the contrary notwithstanding, the Game and Fish Commission is authorized to issue a three-day Statewide non-resident fishing license upon the payment of the fee of one and 25/100 dollars ($1.25). Twenty-five cents (25) of said fee shall be retained by the agent issuing the license as provided by law and the remainder of said fee shall be disposed of as provided by law.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1961. CURRENT INCOME TAX PAYMENT ACT OF 1960 AMENDEDREFUNDS. No. 32 (House Bill No. 163). An Act to amend section 15 of the Current Income Tax Payment Act of 1960 (Ga. L. 1960, pp. 7, 32-33), relating to employee refunds and credits, to more clearly prescribe procedures therefor; to repeal conflicting law; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 15 of the Current Income Tax Payment Act of 1960, (Ga. L. 1960, pp. 7, 32-33), relating to employee refunds and credits, is amended to more clearly prescribe procedures therefor, by numbering subsection (c) thereof as subsection (c) (1) and adding a new subsection (c) (2) thereto as follows: (2) A refund hereunder shall be deemed to have been made when the Commissioner issues a check therefor in favor of the claimant, and the record in the office of the Commissioner as to the time of issuance shall be prima facie evidence of this fact. Whenever a check is issued for a refund claimed or shown due on a final return, and no separate claim has been filed therefor, such check shall be mailed, by first-class mail, to the claimant at the address shown on said return in an envelope instructing return thereof if not delivered in ten days. The Commissioner shall publish the names of claimants whose checks are returned, and if such checks are not claimed in accordance with the Commissioner's instructions within 90 days after such publication, the refund claims covered by such checks shall be deemed

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to have been abandoned. Any refund check which is not presented for payment within 180 days after its date shall be void, and the refund claim covered thereby shall be deemed to have been abandoned. When any claim for refund has been abandoned, any funds which may have been designated or set aside for its payment shall thereafter be returned to the State Treasury and the claimants' right thereto thereafter barred. The provisions hereof shall not apply to a claim for refund filed with, but separate from, a final return under general law, and shall not affect the period of limitations allowed by general law applicable to such claim for refund when filed separate from a final return. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1961. STATE HOUSING AUTHORITY BOARD ABOLISHED. No. 35 (House Bill No. 36). An Act to abolish the State Housing Authority Board; to repeal all laws creating and establishing the State Housing Authority Board and the office of the State Director of Housing; to validate acts of public officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the State Housing Authority Board is hereby abolished. Section 2. That all provisions of law creating and establishing the State Housing Authority Board and delegating power and authority therein are hereby repealed. Section 3. That all provisions of law creating and establishing the office of the State Director of Housing

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and delegating power and authority therein are hereby repealed. Section 4. That all acts of public officers, prior to the effective date of this Act, requiring approval of the State Director of Housing or the State Housing Authority Board are hereby declared valid and legal in all respects and no such act or acts shall be held or declared void, invalid or legally insufficient for want of such approval. Section 5. That the effect of this Act, upon passage and approval, shall be to amend the Housing Authorities Law, Act No. 411, Laws of 1937, approved March 30, 1937; and the Housing Cooperation Law, Act No. 499, Laws of 1937, approved March 31, 1937; and amendments thereto, for the purposes of abolishing the State Housing Authority Board, the office of the State Director of Housing and any and all such offices and boards heretofore created and established by law, and to divest all such offices and officers, boards and board members of all legal powers and authority and said laws are amended in these particulars and for these purposes only so that all other provisions thereof shall be and remain the same and in full force and effect; provided, that nothing in this Act shall be construed to impair the authority of any housing authority, its commissioners or officers, or the validity of any housing project or of any contracts or agreements in connection therewith. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1961.

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VOTERS' REGISTRATION ACT OF 1958 AMENDEDCANCELLATION OF REGISTRATION. No. 38 (House Bill No. 171). An Act to amend an Act effecting a complete revision of the laws of this State relating to the qualification and registration of voters, approved March 25, 1958 (Ga. L. 1958, p. 269), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 182), so as to provide that the provisions relating to cancellation of registration for not having voted within a two-year period shall be changed so as to apply to those persons who have not voted within a three-year period; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act effecting a complete revision of the laws of this State relating to the qualification and registration of voters, approved March 25, 1958 (Ga. L. 1958, p. 269), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 182), is hereby amended by striking from section 20 the word two wherever it appears, and inserting in lieu thereof the word three, so that when so amended section 20 shall read as follows: Section 20. The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one election, as provided in this section, within a three-year period unless he shall specifically request continuation of his registration in the manner hereinafter provided. Within 60 days after the first day of January, beginning in the year 1959, and biennially thereafter, the registrars shall revise and correct the registration records in the following manner: They shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general election or primary,

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Federal, State or county within the three years next preceding said first day of January; provided, however, that on or before March 1st of said year they shall mail in a sealed envelope by first class mail to each elector at the last address furnished by the registrant a notice substantially as follows: `You are hereby notified that according to State law, your registration as a qualified voter will be cancelled for having failed to vote within the past three years, unless before April 1st of the current year you continue your registration by applying in person to this office.' Effective April 1, 1959, and biennially thereafter, the registrars shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified voters prior to May 1st of that year. Any elector whose registration has been thus cancelled may re-register in the manner provided for original registration in this law. No person shall remain a qualified voter longer than he shall retain the qualifications under which he is registered. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1961. ORDINARIES RETIREMENT FUND ACT AMENDED. No. 39 (House Bill No. 387). An Act to amend an Act creating the Ordinaries' Retirement Fund of Georgia, approved March 21, 1958 (Ga. L. 1958, pp. 185-193), as amended by an Act approved March 17, 1959, (Ga. L. 1959, pp. 269-270), and another Act approved March 17, 1959 (Ga. L. 1959, pp. 354-358), so as to change the time for filing application for membership; to provide for payments to the

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fund; to provide for allocation to the fund of a part of fees collected by Ordinaries for services rendered; to change the amount of compensation of the several Ordinaries of the State and the manner and form same is made available; to provide for adjusted compensation for Ordinaries by making retirement benefits available; to change the qualifications for receiving retirement benefits; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Said Act, as so amended, is hereby further amended by striking from section 7(c) thereof the word Act and by inserting in lieu thereof the word Amendment, so that said section as amended hereby shall read as follows: Section 7(c) File such application with said Board within a period of twelve months from the date of the approval of this Amendment, if serving as such Ordinary on said date of approval hereof and remaining in such capacity for said period of twelve months, or forever be barred from membership in said fund; or, Application for membership. Section 2. Said Act, as so amended, is hereby further amended by striking from section 7(d) thereof the word Act and by inserting in lieu thereof the word Amendment, so that said section, as hereby amended, shall read as follows: Section 7(d) File such application within a period of twelve months from the date of first becoming such Ordinary, if such date is subsequent to the date of approval of this amendment, or forever be barred from membership in said fund; Qualifications. Section 3. Said Act, as so amended, is hereby further amended by adding thereto immediately following section 8 thereof, a new section to be designated as section 8(a) as follows:

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Section 8(a) From the date of approval of this Act, twenty per cent of all fees collected by any and all Ordinaries in the State of Georgia for any service rendered as such for taking application for marriage licenses, issuing and recording such marriage licenses and for filing said application and marriage licenses with the State Board of Health shall be withheld by the Ordinaries so collecting the same and paid over to the Board of Commissioners of the Ordinaries' Retirement Fund of Georgia, irrespective of whether such collecting Ordinary is now or may hereafter be compensated from fees collected or salary or both, by the tenth of each succeeding month after such collection. It shall be the duty of each Ordinary to keep accurate records of all said fees collected and such records may be audited by said Board at any time. The sums remitted to the Board under this section shall be used to provide adjustments of the compensation of the several Ordinaries in Georgia by making retirement benefits herein provided available to said Ordinaries and for paying costs of administration incurred by the Board. Contributions. Section 4. Said Act, as so amended, is hereby further amended by striking section 13 thereof in its entirety and by inserting in lieu thereof a new section 13, which shall read as follows: Section 13. No Ordinary shall be eligible for retirement benefits provided for in this Act until he or she has reached the age of sixty-five (65) years. However, any other provisions of this Act to the contrary notwithstanding, any Ordinary who has met all other requirements of this Act, except that he or she has not attained the age of sixty-five (65) years, may sever his or her relations as a regularly qualified and commissioned Ordinary of a county of the State of Georgia, cease payments of any dues into said fund whatsoever and upon reaching the age of sixty-five (65) years and filing his or her application as is provided for in subsection (e) of section 9 as is enacted hereby, commence receiving the retirement benefits provided for in said Act. Eligibility for retirement.

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Section 5. If any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1961. AUGUSTA JUDICIAL CIRCUITADDITIONAL JUDGE. No. 42 (Senate Bill No. 35). An Act to add one additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia, so as to make three judges in said court to provide for the election and term of office of said judge, and fix a time at which he shall begin his term of office; 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 Augusta Judicial Circuit; to provide for the division of business of the court between the three judges of the Augusta Judicial Circuit of Georgia; to provide for the judge senior in term of continuous service to be the presiding judge, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for quarters, additional officers of the Court or deputies for the administration of the business of the Augusta Judicial Circuit of Georgia, their compensation, duties, terms of office; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section 3, Paragraph 1 of the Constitution of the State of Georgia of 1945, one additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia is hereby added, thereby increasing to three the number of judges of the superior court for said circuit. Additional judge. Section 2. The qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges. His compensation from the State of Georgia and from the counties of said circuit shall be the same as that of other judges of the Superior Court of the Augusta Judicial Circuit of the State of Georgia. His privileges of appointment of a secretary shall be the same as those enjoyed by any other judge of the Augusta Judicial Circuit of Georgia. A court reporter appointed by the judge of one of the other divisions shall act for the third Judge of the Augusta Judicial Circuit without salary but shall receive the usual fees for reporting and transcribing any case in said court when directed by the judge thereof. Qualifications, compensation, etc. Section 3. The Governor shall appoint the additional judge to the Augusta Judicial Circuit of Georgia created by this Act, who will hold office from the effective date of this Act until the 31st day of December, 1962, or until such subsequent date as his successor has been elected and qualified as herein provided. In the general election for the members of the General Assembly to be held in 1962, the new judge added to the Augusta Judicial Circuit of Georgia by this Act shall be elected by the electors of the whole state entitled to vote for members of the General Assembly, to serve for a full term of four years, which shall expire December 31, 1966. All subsequent elections for such judge shall be for the term of four years, and 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. Appointment, elections, etc.

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Section 4. Said additional Judge of the Superior Court of the Augusta Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges and immunities of a judge of said court. Duties. Section 5. Be it further enacted that all writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Augusta Judicial Circuit of Georgia may bear teste in the name of any of the judges of said Augusta Judicial Circuit, and when issued by and in the name of any of said judges of said circuit shall be fully valid and may be held and determined before any judge of said circuit. Same. Section 6. Be it further enacted by the authority aforesaid that the drawing, empanelling and charging of all juries, either grand, petit or special, may be by any of the judges of the superior court of said circuit, or by all of them. Same. Section 7. Compensation, salary and contingent expense allowance of said additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. Also, he shall be paid by the counties of said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid. Salary, etc. Section 8. The judge of said court senior in term of continuous service shall be the presiding judge of said court, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided. Presiding judge. Section 9. Upon and after the qualification of the additional Judge of the Superior Court for the Augusta Judicial Circuit of Georgia, the three judges of said court shall be and are authorized to adopt, promulgate, amend and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective

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transaction of business of the court, and in transacting the business of the court, and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each, and in the event of a disagreement among said judges affecting the duties and responsibilities of the Judges of the Superior Court of the Augusta Judicial Circuit, the decision of the senior judge in term of continuous service shall be controlling. Rules of court. Section 10. The Commissioners of Roads and Revenues of Richmond County, Georgia are hereby authorized and directed to provide suitable courtroom, jury room and chambers for said additional judge. Said commissioners are further empowered to provide such additional assistance or employees in the office of the Sheriff of Richmond County, Georgia and the office of the Clerk of Superior Court of Richmond County, Georgia as the business of such court may require. Courtroom chambers, etc. Section 11. Be it further enacted by the authority aforesaid, that although the appointment of said additional judge may be made immediately upon approval of this Act by the Governor, said additional judge provided under this Act shall not assume his official duties as a member of the superior court for the Augusta Judicial Circuit of Georgia, until the 1st day of August 1961. Term of first appointee. Section 12. Be it further enacted by the authority aforesaid that the sections of this Act are separately enacted, and it is the intention of the General Assembly of Georgia that if any one or more sections, or portions thereof, of this Act should be deemed unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining provisions of said Act or portions thereof. Intent. Section 13. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved March 3, 1961.

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JUDGE OF THE SUPERIOR COURTS EMERITUS ACTAMENDED No. 46 (Senate Bill No. 6.) An Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p. 283), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. L. 1955, p. 152), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved February 21, 1957 (Ga. L. 1957, p. 82), and an Act approved March 3, 1960 (Ga. L. 1960, p. 161), so as to modify the service qualifications for appointment to the office of Judge of the Superior Courts Emeritus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p. 283), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. L. 1955, p. 152), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved February 21, 1957 (Ga. L. 1957, p. 82), and an Act approved March 3, 1960 (Ga. L. 1960, p. 161), is hereby amended by striking from the first paragraph of section 2 the words a city or county court of the State of Georgia as they appear between the words of and or in the first sentence of said paragraph and substituting in lieu thereof the following:

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a city court, a county court, or any court of record of the State of Georgia from which an appeal may be taken directly to the Court of Appeals of Georgia. so that when so amended, the first paragraph of section 2 shall read as follows: Section 2. Any Judge of the Superior Court of the State of Georgia who shall be in at least his nineteenth (19th) year of service as Judge of the Superior Court of the State, any service as Solicitor General of a judicial circuit, as Judge of or Solicitor of a city court, a county court, or any court of record of the State of Georgia from which an appeal may be taken directly to the Court of Appeals of Georgia, or membership in the General Assembly of Georgia or service in the Armed Forces of the United States occasioned by the national emergencies of World War I, World War II or the Korean conflict, being allowable in computing such nineteen (19) years of service, provided at least one complete term or its equivalent number of years in two or more terms have been served as Judge of the Superior Court of this State, or who has already been in service for nineteen (19) years as a Judge of the Superior Court of this State on March 9, 1945, and who is still in service as such officer, shall be eligible for appointment to Judge of the Superior Courts Emeritus: Provided, the General Assembly retirement service credit shall be for the entire term of office to which such person was elected and served. Likewise, any Judge of the Superior Court of the State of Georgia who shall have attained the age of sixty-eight (68) years and shall be in at least his tenth (10th) year of service as a Judge of the Superior Court of this State, or any Judge of the Superior Court of the State of Georgia who shall have been in service as a Judge of the Superior Court for ten (10) years and becomes disabled from continuing his duties as Judge of the Superior Court shall be eligible to appointment to Judge of the Superior Courts Emeritus, satisfactory evidence of such disability having been presented to the board of trustees herein created and a recommendation of appointment having been made by a majority of said board. Qualifications.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1961. COMPENSATION OF SECRETARY OF STATE. Code 40-504 Amended. No. 47 (Senate Bill No. 3). An Act to amend Code section 40-504, relating to the salary of the Secretary of State, as amended, so as to provide for the compensation of the Secretary of State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 40-504, relating to the salary of the Secretary of State, as amended is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 40-504 to read as follows: 40-504. The Secretary of State shall be compensated in the amount of twelve thousand ($12,000) dollars per annum, with an additional amount of eight hundred ($800) dollars per annum for each four (4) years of service, figured at the beginning of each such period of service, with a State Department financed by appropriations payable through the State Treasury up to twenty (20) years, and an annual contingent expense allowance in the amount of two thousand four hundred ($2,400) dollars per annum in lieu of any and all travel expenses and expenses of purchasing a personal automobile for official use with the exception of actual transportation expenses incurred while traveling by public carrier and the expenses incurred at the legal mileage rate for the use of a personal automobile. He shall also be compensated in the amount of two hundred and forty ($240) dollars for each ex officio office created by law

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and held by him. In the event he is performing duties provided for under any other title under a Statute wherein a specific amount of compensation or allowance is provided therefor, he shall receive such amount in addition to the amount authorized hereinbefore but shall not receive the amount of two hundred and forty ($240) per annum therefor as provided hereinbefore for holding an ex officio office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1961. SECRETARY OF STATE AND ATTORNEY GENERALREMOVED FROM ACT PROVIDING UNIFORM METHOD OF FIXING SALARIES. No. 48 (Senate Bill No. 4). An Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended, so as to remove the Secretary of State and the Attorney General from the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended, is hereby amended by deleting therefrom, wherever they appear, the words the Secretary of State and the Attorney General. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1961.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACT. Code 68-206, 68-207, 68-222 and 68-9904 Repealed. No. 49 (House Bill No. 53). An Act to be known as the Motor Vehicle Certificate of Title Act; to provide for certain definitions; to give the Commissioner of the State Revenue Department the responsibility of administering said Act; to exclude certain vehicles from the operation of said Act; to except certain liens from the operation of said Act; to require vehicles registered in this State to have certificates of title; to provide for optional certificates of title for certain vehicles; to establish a procedure for application for the first certificate of title; to require the Commissioner to examine the records for stolen or converted vehicles in certain instances before issuing a certificate of title; to provide for the Commissioner to keep records of issued certificates of title; to establish the content and effect of a certificate of title; to provide a mode of delivery of certificates of title; to allow the Commissioner to refuse to issue a certificate of title; to provide for replacement of lost, stolen, or mutilated certificates of title and to establish certain rights; to prescribe a mandatory transfer procedure for transfer of the vehicle and certificate of title; to provide an exception for transfer by dealers; to require dealers to keep records of sale; to provide a procedure for transfer of ownership and certificate of title by operation of law; to prescribe and require payment of fees; to provide when the Commissioner shall issue a new certificate of title; to require acts by owners and the Commissioner upon scrapping, dismantling, or destroying vehicles; to provide an exclusive manner for the perfection of security interests in vehicles; to establish a procedure for release of security interest; to place affirmative duties on a lienholder; to provide for the suspension or revocation of certificates of title; to provide for hearings and court reviews; to prescribe offenses relating to certificates; to prescribe a procedure for reporting stolen, converted,

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recovered, and unclaimed vehicles; to provide a penalty for a false report of theft or conversion of a vehicle; to provide penalties for tampering with vehicle identifying numbers; to prescribe a means of proving criminal intent and knowledge; to provide for penalties and effect on other laws; to define previously registered vehicles; to provide for deferred application of this Act to previously registered vehicles; to provide for establishment of a security interest in a previously registered vehicle; to provide for preservation of an unsatisfied security interest in a previously registered vehicle; to prescribe a manner for filing and maintaining a record of notices of security interests and for the examination of such records; to establish a procedure for assignment by a lienholder; to provide a manner for release of security interest; to place affirmative duties on a lienholder; to provide for specific repeal of certain laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: PART 1. DEFINITIONS AND EXCLUSIONS . Section 1. Title . This Act shall be known and may be cited as the Motor Vehicle Certificate of Title Act. Section 2. Definitions . Except when the context otherwise requires, as used in this Act: (a) Dealer means a person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business in this State and to whom current dealer registration plates have been issued by the Commissioner. (b) Commissioner means the Georgia State Revenue Commissioner. (c) Identifying number means the numbers, and letters, if any, on a vehicle designated by the Commissioner for the purpose of identifying the vehicle. (d) Implement of husbandry means a vehicle designed

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and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways. (e) Lienholder means a person holding a security interest in a vehicle. (f) To Mail means to deposit in the United States mail properly addressed and with postage paid. (g) Owner means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. (h) Person means a natural person, firm, copartnership, association, or corporation. (i) Pole trailer means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as logs, poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (j) Security agreement means a written agreement which reserves or creates a security interest. (k) Security interest means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation, including but not limited to devices such as chattel mortgages, conditional sale contracts, bills of sale to secure debt, deeds of trust, trust receipts, and mechanic liens. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is

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valid against third parties generally, subject only to specific statutory exceptions. (l) Special mobile equipment means a vehicle not designed for the transportation of persons or property upon a highway and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes, or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (m) State means a State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada. (n) Vehicle means a device in, upon, or by which a person or property is or may be transported or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks, or which obtains motive power from fixed overhead electric wires. Section 3. Powers of the Commissioner . (a) The Commissioner is responsible for the administration of this Act and may employ such clerical assistants and agents as may be necessary from time to time to enable him to speedily, completely, and efficiently perform the duties herein conferred on him. (b) The Commissioner shall prescribe and provide suitable forms of applications, certificates of titles,

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notices of security interests, and all other notices and forms necessary to carry out the provisions of this Act. (c) The Commissioner may: (1) Make necessary investigation to procure information required to carry out the provisions of this Act; (2) Adopt and enforce reasonable rules and regulations to carry out the provisions of this Act; (3) Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, or its motor is changed, and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate. Section 4. Exclusions . No certificate of title need be obtained for: (1) A vehicle owned by the United States unless it is registered in this State; (2) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration; or a vehicle used by a manufacturer solely for testing; (3) A vehicle owned by a nonresident of this State and not required by law to be registered in this State; (4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another State; (5) a vehicle moved solely by animal power; (6) An implement of husbandry;

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(7) Special mobile equipment; (8) A self-propelled wheel chair or invalid tricycle; (9) A pole trailer. (10) Motor busses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes. Section 5. Excepted liens and security interest; buyer from manufacturer or dealer . This Act does not apply to or affect: (a) A lien given by statute to the United States, this State, or any political subdivision of this State; (b) A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest. PART II. CERTIFICATES OF TITLE . Section 6. Certificate of title required . (a) Except as provided in section 4, every owner of a vehicle which is in this State, and required to be registered in this State by law, and for which no certificate of title has been issued by the Commissioner shall make application to the Commissioner for a certificate of title of the vehicle. (b) The Commissioner shall not register or renew the registration of a vehicle unless an application for a certificate of title has been delivered to the Commissioner with a properly executed registration application. Section 7. Optional certificate of title . The owner of an implement of husbandry or special

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mobile equipment may apply for and obtain a certificate of title on it. All of the provisions of this Act are applicable to a certificate of title so issued, except that a person who receives a transfer of an interest in the vehicle without knowledge of the certificate of title is not prejudiced by reason of the existence of the certificate, and the perfection of a security interest under this Act is not effective until the lienholder has complied with the provisions of applicable law which otherwise relate to the perfection of security interests in personal property other than motor vehicles. Section 8. Application for first certificate of title . (a) The application for the first certificate of title of a vehicle in this State shall be made by the owner to the Commissioner on the form he prescribes at the same time application for registration or change of registration is made. Said application shall contain: (1) The name, residence and mail address of the owner; (2) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used; (3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements; and (4) Any further information the Commissioner reasonably requires to identify the vehicle and to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle. (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of

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any lienholder holding a security interest created or reserved at the time of the sale by the dealer and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application to the Commissioner. (c) If the application refers to a vehicle last previously registered in another State or country, the application shall contain or be accompanied by: (1) Any certificate of title issued by the other State or country; (2) Any other information and documents the Commissioner reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it. Section 9. Examination of records . (a) The Commissioner, upon receiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by section 10 and against the record of stolen and converted vehicles required to be maintained by section 32. (b) The provisions of subsection (a) above shall not be applicable to an application for the first certificate of title of a new car when said application is accompanied by a manufacturer's certificate of origin. Section 10. Issuance and records . (a) The Commissioner shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle. (b) The Commissioner shall maintain a record of all certificates of title issued by it:

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(1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle tag registration number; and, in the discretion of the Commissioner, in any other method it determines. (c) The Commissioner is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as he may deem expedient. The photographic or photostatic copies herein authorized shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein, and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. Section 11. Contents and effect . (a) Each certificate of title issued by the Commissioner shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of any lienholders, in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate; (4) The title number assigned to the vehicle; (5) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and

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(6) Any other data the Commissioner prescribes. (b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, or naming of a lienholder and the assignment or release of the security interest of a lienholder. (c) A certificate of title issued by the Commissioner is prima facie evidence of the facts appearing on it. (d) A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle. Section 12. Delivery . (a) The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. (b) Except as provided in section 22(c), any lienholder who receives a vehicle's certificate of title by mail or delivery from the Commissioner pursuant to any provision of this Act shall, if said certificate correctly reflects the lienholder's security interest, forward the certificate by mail or delivery to the owner of said vehicle within five (5) days after receipt of the certificate by said lienholder. (e) The owner of a vehicle shall have permanent custody of the certificate of title. Section 13. Refusing certificate of title . The Commissioner shall refuse issuance of a certificate of title only if any required fee is not paid or if he has reasonable grounds to believe that: (a) The applicant is not the owner of the vehicle;

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(b) The application contains a false or fraudulent statement; (c) The applicant fails to furnish required information or documents or any additional information the Commissioner reasonably requires; or (d) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this State. Section 14. Lost, stolen or mutilated certificates . (a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the Commissioner, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Commissioner. The duplicate certificate of title shall contain the legend This is a duplicate certificate and may be subject to the rights of a person under the original certificate, and shall be mailed to the owner. (b) The Commissioner shall not issue a new certificate of title to a transferee upon application made on a duplicate until fifteen (15) days after receipt of the application. (c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Commissioner. (d) Where two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vehicle through any certificate of title shall have his interest protected. Section 15. Transfer . (a) If an owner transfers his interest in a vehicle

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other than by the creation of a security interest, he shall at the time of delivery of the vehicle execute an assignment and warranty of title, which must be subscribed and sworn to before an officer authorized to administer oaths in the State, 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. (b) Except as provided in section 16, the transferee shall, promptly after delivery to him of the vehicle and certificate of title, execute the application for a new certificate of title in the space provided therefor on the certificate or as the Commissioner prescribes, and cause the certificate and application to be mailed or delivered to the Commissioner with the application for change of registration for the vehicle. (c) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of section 22. (d) Except as provided in section 16 and as between the parties, a transfer by an owner is not effective until the provisions of this section and section 16 have been complied with and no purchaser or transferee shall acquire any right, title, or interest in and to a vehicle purchased by him unless and until he shall obtain from the transferor the certificate of title thereto, duly transferred in accordance with the provisions of this section. (e) The Commissioner shall promulgate procedure and provide forms whereby a prospective purchaser may, if he desires, have the Commissioner's records searched for undisclosed certificates of title and security interests. Section 16. Transfer to or from dealer . (a) A dealer who buys a vehicle and holds it for resale need not apply to the Commissioner for a new certificate

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of title, but may retain the certificate delivered to him and, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, which must be subscribed and sworn to before an officer authorized to administer oaths in this State, and show the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the Commissioner prescribes. Transfers of vehicles under this section shall otherwise conform with the provisions of section 15. Any person selling a previously registered vehicle as defined in section 38, which is exempt from the provisions of this Act by section 39 during this Act's three-year implementation period need not have a certificate of title. A dealer selling a previously registered vehicle exempt from the provisions of this Act by section 39 during this Act's three-year implementation period, need not furnish a purchaser of such a vehicle a certificate of title. The purchaser after buying such a vehicle from a dealer shall then apply for a certificate of title as required by section 39 in the manner provided by Part II of this Act. (b) Every dealer shall maintain for three (3) years a record in the form the Commissioner prescribes of every vehicle bought, sold or exchanged by him, or received by him for sale or exchange, which shall be open to inspection by a representative of the Commissioner during reasonable business hours. Section 17. Transfer by operation of law . (a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the Commissioner the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the Commissioner prescribes with the application for change of registration for the vehicle.

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(b) If the interest of the owner is terminated or the vehicle is sold under a security agreement or by operation of law by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the Commissioner the last certificate of title, his application for a new certificate in the form the Commissioner prescribes, and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was terminated according to law or sold pursuant to the terms of the security agreement. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer to another person, shall promptly deliver to the transferee the certificate of title, executed in accordance with section 15, affidavit, and other documents required to be sent to the Commissioner by the transferee in accordance with this Section. (c) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the Commissioner upon request of the Commissioner. The delivery of the certificate pursuant to the request of the Commissioner does not affect the rights of the person surrendering the certificate, and the action of the Commissioner in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate. (d) In the event of transfer as upon inheritance, devise, or bequest, upon receipt of: an application for a new certificate of title with the required fee, the last certificate of title, if available, and a certified copy of a will, or letters of administration, or if no administration is to be had on said estate, an affidavit by the applicant to the effect that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate, or a certificate from the ordinary showing that the motor vehicle registered in the name of the decedent owner

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has been assigned to the decedent's survivors as part of their years support, the Commissioner shall issue to the person or persons shown by such evidence to be entitled thereto, the certificate of title for said vehicle. Section 18. Fees . (a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the Commissioner or his agent. (b) An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the Commissioner or his agent. (c) The Commissioner shall be paid the following fees: (1) For filing an application for a first certificate of title, $1.00; (2) For a certificate of title after a transfer, $1.00; (3) For duplicate certificate of title, $1.00; (4) For filing a notice of security interest, $1.00. (d) The State Revenue Commissioner is authorized to utilize the services of persons appointed as County Tag Agents under an Act approved March 9, 1955 (Ga. L. 1955, p. 619), as amended, and to allow such County Tag Agents to retain a fee therefor not in excess of 25 for each application handled, said fee to be disposed of as other tag fees retained by him as Tag Agent are disposed of in his county. Any applicant for a title shall have the right to mail the application direct to the Department of Revenue. Section 19. When Commissioner to issue new certificate . (a) The Commissioner, upon receipt of a properly

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assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner. (b) The Commissioner, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to it, the Commissioner shall make demand therefor from the holder thereof. (c) The Commissioner shall file and retain for five (5) years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein. Section 20. Scrapping, dismantling or destroying vehicles . An owner who scraps, dismantles or destroys a vehicle and a person who purchases a vehicle as scrap or to be dismantled or destroyed shall immediately cause the certificate of title to be mailed or delivered to the Commissioner for cancellation, along with the manufacturer's serial plate from all vehicles which were manufactured after the 1956 model year. A certificate of title of the vehicle shall not again be issued except upon application containing the information the Commissioner requires. Section 21. Perfection of security interest . (a) Unless excepted by section 5, a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this Act.

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(b) A security interest is perfected by the delivery to the Commissioner of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within ten (10) days thereafter, otherwise, as of the time of the delivery. (c) If a vehicle is subject to a security interest when brought into this State, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following: (1) If the parties understood at the time the security interest attached that the vehicle would be kept in this State and it was brought into this State within thirty (30) days thereafter for purposes other than transportation through this State, the validity of the security interest in this State is determined by the law of this State. (2) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply: (A) If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, his security interest continues perfected in this State. (B) If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this State for six (6) months after a first certificate of title of the vehicle is issued in this State, and also, thereafter if, within the six (6) month period, it is perfected in this State. The security interest may also be perfected in this State after the expiration of the six (6) month period; in that case perfection dates from the time of perfection in this State. (3) If the security interest was not perfected under

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the law of jurisdiction where the vehicle was when the security interest attached, it may be perfected in this State; in that case, perfection dates from the time of perfection in this State. (4) A security interest may be perfected under paragraph (2) (B) or paragraph (3) of this subsection either as provided in subsection (b) or by the lienholder delivering to the Commissioner a notice of security interest in the form the Commissioner prescribes and the required fee. Section 22. Security interest . If an owner creates a security interest in a vehicle: (a) The owner shall immediately execute the application, in the space provided therefor on the certificate of title or on a separate form the Commissioner prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the required fee to be delivered to the lienholder. (b) The lienholder shall immediately cause the certificate application and the required fee to be mailed or delivered to the Commissioner. (c) Upon receipt of the certificate of title, application and the required fee, the Commissioner shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, as well as previous unreleased lienholders, if any, and mail the certificate to the first lienholder named in it. If more than one lienholder is named on the certificate, each lienholder, after verifying the certificates correctness, shall mail or deliver it to the next named lienholder within five (5) days after receiving the certificate. The last lienholder named on the certificate shall comply with the provisions of section 12(b).

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Section 23. Mechanics lien . All mechanics of every sort, for work done, or for work done and materials furnished, or for materials furnished, in repairing motor vehicles required to have a certificate of title by section 6 of this Act, shall have a special lien on the same which may be asserted by retention of such property, or the mechanic may surrender such vehicle and give credit, when the same shall be enforced in accordance with the provisions of Ga. Code section 67-2401, and shall be superior to all liens except for taxes and such other liens as the liens mechanic may have had notice of before the work was done or material furnished. When they surrender possession of the property to the debtor, such mechanics shall record their claims of lien as provided in section 22 and the validity of the lien against third parties shall be determined in accordance with the provisions of this Act. Section 24. Assignment by lienholder . (a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate. (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the Commissioner the certificate and assignment by the lienholder named in the certificate in the form the Commissioner prescribes. Section 25. Release of Security Interest . (a) If the security interest of a lienholder named on the certificate of title is satisfied, he shall, within ten

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(10) days after demand, execute a release of the security interest in the form the Commissioner prescribes and mail or deliver the release to the owner. (b) The owner shall then forward the certificate of title with the release of the security interest to the Commissioner, who shall release the lienholder's rights on the certificate or issue a new certificate, and mail or deliver the certificate to the owner. Section 26. Duty of lienholder . A lienholder named in a certificate of title shall, upon written request of the owner, of another lienholder named on the certificate, of an interested third party, or by the Commissioner, disclose any pertinent information as to his security agreement and the indebtedness secured by it. Section 27. Exclusiveness of procedure . The method provided in this Act of perfecting and giving notice of security interests subject to this Act is exclusive. Security interests subject to this Act are hereby exempted from the provisions of law which otherwise require or relate to the recording or filing of instruments creating or evidencing security interests in vehicles. Section 28. Suspension or revocation of certificates . (a) The Commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with section 29, when authorized by any other provision of law or if he finds: (1) The certificate of title was fraudulently procured or erroneously issued, or (2) The vehicle has been scrapped, dismantled or destroyed. (b) Suspension or revocation of a certificate of title

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does not, in itself, affect the validity of a security interest noted on it. (c) When the Commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the Commissioner. (d) The Commissioner may seize and impound any certificate of title which has been suspended or revoked. Section 29. Hearings . The Commissioner shall establish a board to hear complaints of persons aggrieved by the Commissioner's acts or omissions to act in the administration of this Act. The Commissioner shall promulgate rules and regulations governing the procedure for such hearings. Section 30. Court review . A person aggrieved by an act or omission to act of the Commissioner in the administration of this Act is entitled to a review of a hearing conducted pursuant to section 29 by the superior court of the county of said person's residence. Said review shall be a de novo proceedings. PART III. OFFENSE PROVISIONS . Section 31. Offenses relating to certificates . (a) Felonies . A person who, with fraudulent intent: (1) Alters, forges or counterfeits a certificate of title; (2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the Commissioner prescribes; (3) Has possession of or uses a certificate of title knowing it to have been altered, forged or counterfeited; or

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(4) Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title; is guilty of a felony. (b) Misdemeanors . A person who: (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title; (2) Wilfully fails to mail or deliver a certificate of title to the Commissioner or a release of security interest to the owner within ten (10) days after the time required by this Act; (3) Wilfully violates any other provision of this Act, except as provided in subsection (a); is guilty of a misdemeanor. Section 32. Stolen, converted, recovered and unclaimed vehicles . (a) A Peace Officer who learns of the theft of a vehicle not since recovered shall report the theft to the Commissioner. A Peace Officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the Commissioner shall forthwith report the recovery to the Commissioner. Peace Officer's report. (b) Owner's or Lienholder's Report . An owner or a lienholder shall report the theft of a vehicle, or its conversion if a crime, to the Commissioner. A person who has so reported the theft or conversion of a vehicle shall, forthwith after learning of its recovery, report the recovery to the Commissioner. (c) Garage Operator's Report . An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed for a period of thirty (30) days, shall, within

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five (5) days after the expiration of that period, report the vehicle as unclaimed to the Commissioner. A vehicle left by its owner whose name and address are known to the operator or his employee is not considered unclaimed. A person who fails to report a vehicle as unclaimed in accordance with this subsection forfeits all claims and liens for its garaging, parking or storing. (d) Commissioner's Record . The Commissioner shall maintain an appropriately indexed weekly and cumulative public records of stolen, converted, recovered and unclaimed vehicles reported to it pursuant to this Section. The Commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the Commissioner prescribes. (e) Commissioner's Action . The Commissioner may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to this Section; until the Commissioner learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the vehicle. Section 33. False report of theft or conversion . A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer or to the Commissioner is guilty of a misdemeanor. Section 34. Removed, falsified or unauthorized identification number or registration license plate on vehicle or engine . (a) A person who wilfully removes (except in conformance with section 20) or falsifies an identification number of a vehicle or an engine for a vehicle, is guilty of a misdemeanor. (b) A person who, wilfully and with intent to misrepresent the identity of a vehicle or engine removes or falsifies an identification number of the vehicle or engine with intent to convert or defraud, is guilty of a felony.

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(c) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been falsified, is guilty of a felony. (d) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, is guilty of a felony. (e) A person who removes a registration license plate from a vehicle or affixes to a vehicle a registration license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor. (f) As used in this section: (1) Identification Number includes an identifying number, serial number, engine number or other distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of the Commissioner or in accordance with the laws of another State or country; Definitions. (2) Remove includes deface or destroy; (3) Falsify includes alter and forge. (g) An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the Commissioner without violating this section; an identification number so placed or restored is not falsified. Section 35. Evidence of criminal intent or knowledge . In a prosecution for a crime specified in this Act, evidence that the defendant has committed a prior act

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or acts of the same kind is admissible to prove criminal intent or knowledge. Section 36. Penalties . Unless another penalty is provided in this Act: (a) Felonies . A person convicted of a felony for the violation of a provision of this Act is punishable by a fine of not less than five hundred dollars ($500.00), nor more than five thousand dollars ($5,000.00), or by imprisonment for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment; (b) Misdemeanors . A person convicted of a misdemeanor for the violation of a provision of this Act is punishable by a fine not to exceed one thousand ($1,000.00), confinement in the county or other jail not to exceed six (6) months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve (12) months, any one or more of these punishments in the discretioin of the trial judge. Section 37. Effect on other laws . The penal provisions of this Act in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto. PART IV. IMPLEMENTATION PROVISIONS FOR PREVIOUSLY REGISTERED VEHICLES . Section 38. Previously registered vehicle defined . A previously registered vehicle means a vehicle registered in this State when this Act takes effect or a vehicle whose last registration before this Act takes effect was in this State. Section 39. Deferred application of Act to previously registered vehicles .

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Part II of this Act does not apply to a previously registered vehicle until: (a) It is purchased from a dealer in this State after this Act takes effect; (b) The Commissioner issued a certificate of title for the vehicle; or (c) Three (3) years elapse from the date this Act takes effect. Section 40. Security interest in a previously registered vehicle . A security interest in a previously registered vehicle for which no certificate of title or application for certificate is required is perfected by the delivery to the Commissioner of a notice of security interest in the form the Commissioner prescribes and the required fee. It is perfected as of the time of its creation if the delivery is completed within ten (10) days thereafter, otherwise, as of the time of delivery. A notice of a security interest created or reserved before this Act takes effect need be executed by the lienholder only. Section 41. Unsatisfied security interest in previously registered vehicle . If a security interest in a previously registered vehicle is perfected under any other applicable law of this State at the time this Act takes effect, the security interest continues perfected: (a) Until its perfection lapses under the law under which it was perfected or would lapse in the absence of a further recording or filing; or (b) Until the earlier lapse of two (2) years and nine (9) months from the date this Act takes effect; and (c) Thereafter if previously perfected under section 40.

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Section 42. Filing and record of notices of security interests; examination of record . (a) The Commissioner shall file each notice of security interest received by it with the required fee and maintain a record of all notices of security interest filed by it: (1) Alphabetically, under the name of the owner; (2) Under the identifying number of the vehicle; and (3) In the discretion of the Commissioner, in any other method it determines. (b) The Commissioner need not maintain, in the record provided for in subsection (a), any reference to a security interest in a previously registered vehicle after the Commissioner files a notice of release of the security interest or issues a certificate of title of the vehicle containing the name of the lienholder. (c) The Commissioner, before issuing or reissuing a certificate of title, shall check the name of the owner and the identifying number of the vehicle against the record provided for in subsection (a). Section 43. Assignment by lienholder . (a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until an assignment by the lienholder is delivered to the Commissioner as provided in subsection (b). (b) The assignee may, but need not to perfect the assignment, deliver to the Commissioner an assignment by the lienholder in the form the Commissioner prescribes.

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(c) The Commissioner shall file each assignment received by it and note the assignee as lienholder upon the record of notices of security interests maintained by the Commissioner pursuant to section 42. Section 44. Release of security interest . (a) If the security interest of a lienholder named in a notice of security interest filed by the Commissioner is satisfied, he shall, within ten (10) days after demand, execute a release of the security interest in the form the Commissioner prescribes and mail or deliver the release to the Commissioner. (b) Upon receipt of the release of security interest the Commissioner shall file the release and note it upon the record of notices of security interests maintained by the Commissioner pursuant to section 42. Section 45. Duty of Lienholder . A lienholder named in a notice of security interest filed by the Commissioner shall, upon written request of the owner, of another lienholder, of an interested third party, or by the Commissioner, disclose any pertinent information as to his security agreement and the indebtedness secured by it. Section 46. Repeal . The following laws or parts of laws are hereby specifically repealed: Ga. Code section 68-206, as amended, which provides for the issuance, revocation, duplication, and fees for certificates of title on sale of motor vehicles; Ga. Code section 68-207, as amended, which provides for transfer of certificates of title for motor vehicles upon sale; Ga. Code section 68-222, as amended, which provides for submission of monthly reports by automobile dealers to the State Revenue Commissioner; Section 8 of an Act approved March 9, 1955 (Ga. L. 1955, p. 659), which provides

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for a central license tag file to be maintained by the State Revenue Commissioner; Ga. Code section 68-9903, which provides a penalty for forging or altering a motor vehicle certificate of registration; Ga. Code section 68-9904, which provides a penalty for operation of a motor vehicle after transfer of title without obtaining a new certificate of registration. Section 47. Time of taking effect . This Act shall take effect January 1, 1962. The Governor may by executive order postpone the effective date of this Act until March 1, 1962. Section 48. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 3, 1961. CRIMINAL LAW STUDY COMMITTEECREATED. No. 3 (House Resolution No. 32). A Resolution. Creating the Criminal Law Study Committee; and for other purposes. Whereas, the criminal laws of this State have not been revised for over 25 years and many of such laws are completely obsolete; and Whereas, many criminal laws are unnecessarily verbose, some are difficult of distinction, many are over-lapping and others are extremely difficult to interpret; and Whereas, all of the above leads to confusion in the field of criminal law and acts as a handicap to both the accused and the prosecution; and

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Whereas, the Georgia Bar Association has adopted a recommendation of its Standing Committee on Criminal Law and Procedure to the effect that a committee be created to make a thorough study of all the laws of this State relating to criminal law and procedure; and Whereas, it is felt that the creation of such a committee and the revision of the criminal laws of this State would be of untold benefit, either directly or indirectly, to every citizen of this State. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a Criminal Law Study Committee. Said Committee shall consist of fourteen members, as follows: Three members of the Senate, to be appointed by the Lieutenant Governor; five members of the House of Representatives, to be appointed by the Speaker of the House; one member of the Standing Committee on Criminal Law and Procedure of the Georgia Bar Association, to be appointed by the Governor; one member of the Superior Court Judges Association, to be appointed by the Governor; one member of the Solicitors General Association, to be appointed by the Governor; one member of the City Court Judges Association, to be appointed by the Governor; one member of the City Court Solicitors Association, to be appointed by the Governor and one member of the staff of the Attorney General, to be appointed by the Governor. All appointments shall be made within 30 days after the approval of this resolution by the Governor, or within 30 days after it otherwise becomes law. Created, members. The Committee shall meet within 30 days after all members have been named for the purpose of organizing and electing a chairman, a secretary and such other officers as deemed desirable by the Committee. For the purpose of setting the date for such first meeting, making the necessary arrangements relative thereto and presiding until a chairman is elected, the member from the Standing Committee on Criminal Law

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and Procedure of the Georgia Bar Association is hereby designated as temporary chairman. Ample notice of the date, time and place of the first meeting shall be given by the temporary chairman. At such first meeting, the Committee shall adopt procedures for its operation and act upon such other matters as deemed advisable. Future meetings of the Committee shall be held upon call of the chairman and under such other procedures as may be adopted by the Committee. A majority of the membership of the Committee shall constitute a quorum and a majority vote of the members present shall be sufficient for transacting business of the Committee. Meetings, organization. The Committee shall conduct a thorough study of the criminal laws of this State and all laws relating directly or indirectly thereto. It shall study problems which have arisen due to ambiguities and inconsistencies in the present law and shall formulate a revision of the laws relative to criminal law and procedure. The Committee is authorized to hold public hearings. The Committee shall remain in effect until, in its opinion, its work as provided for herein is completed. The persons originally appointed as members of the Committee shall remain as members of the Committee until the completion of its work, even though no longer being a member of the group from which originally appointed. Provided, however, that in the event of a vacancy due to death, resignation, or other cause, the Governor shall fill the vacancy by appointing a person from the group in which the vacancy occurs. Provided, further that the above shall not apply to the members from the General Assembly, and such members shall remain on the Committee only so long as they continue to be members of the General Assembly. In the event of a vacancy from the Senate, the Lieutenant Governor shall fill the vacancy, and in the event of a vacancy in the House of Representatives, the Speaker of the House shall fill the vacancy. The Committee is authorized to distribute reports of its operation if deemed advisable. duties. Vacancies.

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The Committee is hereby authorized to appoint sub-committees and adopt such procedures as it feels will best serve the purposes for which it is created. In order to perform its duties more efficiently, the Committee is authorized to employ clerical help and an editorial and research staff and fix the compensation therefor, subject to the approval of the Governor. The Committee is authorized to obtain such materials, supplies and equipment as it deems necessary to accomplish its duties and purposes. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, including travel. All funds necessary for the purposes of this resolution shall come from the funds appropriated to the legislative branch of the government and from any other available funds. Staff. Expenses. Approved March 7, 1961. Executive Department Atlanta S. ERNEST VANDIVER GOVERNOR EXECUTIVE ORDER PETER ZACK GEER EXECUTIVE SECRETARY BY THE GOVERNOR: WHEREAS: The General Assembly of Georgia at the 1961 session thereof did pass an Act known as the Motor Vehicle Title Act, which was signed by the Governor on March 3, 1961 (Act No. 49); and WHEREAS: Said Act is very broad and comprehensive in scope and provides that the Commissioner of the State Revenue Department shall have the responsibility of administering the terms and provisions of such Act; and WHEREAS: After conferences with the State Revenue Commissioner and other organizations affected by said legislation, it has been determined that it would be advisable and prudent for the effective date of said Act to be postponed until March 1, 1962; and WHEREAS: Section 47 of said Act provides as follows: Time of taking effect. This Act shall take effect January 1, 1962. The Governor may by executive order postpone the effective date of this Act until March 1, 1962; now, it is therefore ORDERED: That the date on which said Act shall become effective be and the same is hereby fixed at March 1, 1962, as provided by the terms of said legislation. Thisday of May, 1961. GOVERNOR BY THE GOVERNOR: EXECUTIVE SECRETARY OBSERVANCE OF CIVIL WAR CENTENNIAL. No. 4 (House Resolution No. 70). A Resolution. Relative to the Civil War Centennial; and for other purposes. Whereas, on January 16, 1861, in accordance with a proclamation issued by his Excellency Joseph E. Brown, Governor of Georgia, delegates from the several counties of the State, duly elected by the people thereof, assembled in Convention in the Capitol at Milledgeville; and Whereas, one hundred years ago on January 19, 1861, the said Convention of the people of Georgia did meet and adopt the Ordinance of Secession, and on

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the 21st day of January, 1861, said Ordinance was signed by the required number of delegates; Whereas, the War Between the States, which followed required great sacrifices from every Georgian and caused untold hardships, loss of life, wealth, and natural resources; and Whereas, it is fitting and proper that the One Hundredth Anniversary of this momentous event be commemorated so as to perpetuate a knowledge and memory of the deeds and traditions of a valiant people; and Whereas, the State of Georgia has established the Georgia Civil War Centennial Commission to mark this Anniversary during the years 1961-1965, and has called upon the local communities to participate in a proper observance thereof; and Whereas, the purposes of the Georgia Civil War Centennial Commission are; 1. To honor the valor and sacrifice of Georgians who fought and died for principles they believed eternal, and for the sons of other confederate states who also made the supreme sacrifice. 2. To perpetuate a knowledge of the deeds and traditions of a valiant people. 3. To educate the public concerning the campaigns, shrines, the personalities and the human story of the conflict in Georgia, in the faith that the knowledge of the truth will finally lead to understanding and not resentment. 4. To preserve the monuments, the graves, the relics, and the ruins of the wartime past to remind this and future generations of their link with history. 5. To locate and preserve valuable documents,

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diaries, manuscripts, photographs, newspapers, and other records contributing to the true history of the war and to encourage the persons who own such mementos to take or send them to the state archives or some local agency for filming. Now therefore be it resolved by the General Assembly of Georgia that every citizen and every local community in the State of Georgia is hereby urged and requested to commemorate the valor and courage, both on the battlefield and at home, of our forebears, and honor their heroic memory in true reverence and respect during the Centennial years 1961-1965, and that this date January 19, 1961, marks the official state wide observance of the Civil War Centennial to commemorate the War Between the States. Approved March 7, 1961. EMPLOYEES' RETIREMENT SYSTEMCOVERAGE FOR CIVILIAN EMPLOYEES OF NATIONAL GUARD. No. 52 (House Bill No. 429). An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended; so as to authorize the participation of civilian employees of the Army National Guard of Georgia and Air National Guard of Georgia in the employees' retirement system upon their coverage under a merit system and Federal funds becoming available for payment of the employer's contributions; to authorize the payment of contributions under said system; to authorize the Adjutant General to establish a merit system for such employees, and enter into appropriate agreements for deduction of employees' contributions; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding to subsection (3) of section 1 the following: Any other provisions of law to the contrary notwithstanding the Adjutant General is authorized though not directed, to establish a merit system for, and to perform all of the duties and obligations of an `employer', (as the term is defined in this section) for, any and all civilian employees of the Army National Guard of Georgia and the Air National Guard of Georgia who are employed in or with the Army National Guard of Georgia or the Air National Guard of Georgia, even though such employees may be paid by Federal funds. The Adjutant General is further authorized to make and enter into such agreements and take such action as necessary to provide for all contributions and payments specified in this Act, from funds made available by the Federal Government, and to otherwise comply with the provisions of said Acts so as to make said Act applicable to the aforesaid civilian employees employed in or with the Army National Guard of Georgia or the Air National Guard of Georgia. Section 2. Said Act is further amended by adding to subsection (4) of section 1 the following: Any other provisions of law to the contrary notwithstanding, any and all civilian employees of the Army National Guard of Georgia and of the Air National Guard of Georgia, employed in or with the Army National Guard of Georgia or the Air National Guard of Georgia, shall, be, upon establishment of a merit system for such civilian employees, and upon the Adjutant General effecting the agreements and actions authorized herein, considered as `employees' as defined in this section, and as such shall be entitled to the retirement allowances, benefits and privileges provided by this Act, although

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and notwithstanding that such employees may be paid by Federal funds; provided, however, that no credit shall accrue to such civilian employees for any service rendered prior to the effective date of coverage under said system. The Adjutant General is authorized to make such arrangements and agreements as may be necessary or proper in order to effect deductions from the salaries or wages of said civilian employees as may be necessary or proper in the administration of the employees' retirement system for such civilian employees. Section 3. It is hereby specifically declared to be the legislative intent of this Act to provide for the participation of the employees of the Army National Guard of Georgia and of the Air National Guard of Georgia in the employees' retirement system only in the specific event that Federal funds become available for payment of all the employer's contributions, and other employer expenses, for such participation. Intent. Section 4. Nothing contained in this Act shall be construed to deem or designate the civilian employees of the Army National Guard of Georgia or the Air National Guard of Georgia as employees of this State for any purpose other than as specified in this Act. Intent. Section 5. All Acts or parts of Acts in conflict with this Act are hereby repealed. Section 6. This Act shall take effect immediately upon its passage and approval by the Governor. Effective date. Approved March 6, 1961.

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MINIMUM FOUNDATION PROGRAM FOR EDUCATION ACTAMENDED. No. 53 (House Bill No. 497). An Act to amend an Act known as the Minimum Foundation Program for Education Act, approved February 25, 1949 (Ga. L. 1949, p. 1404), as amended, so as to provide that pupils who live within a certain distance of the school, which they are eligible to attend, shall not be eligible to be counted as transported pupils for State aid; to provide that other students shall be eligible; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program for Education Act, approved February 25, 1949 (Ga. L. 1949, p. 1404), as amended, is hereby amended by adding a new paragraph to section 9, to read as follows: Any pupil who lives within one and one-half (1) miles, according to the nearest practical route by school bus, of the school which such pupil is eligible to attend shall not be eligible to be counted as a transported pupil for State aid. Pupils who live beyond such distance shall be eligible to be counted as transported pupils for State aid provided such pupils are transported by school buses or other vehicles authorized by the county board of education of the county in which such pupils reside. Any pupil living within the above distance who is prevented from walking to the school because of a natural or artificial barrier may make application to the State Board of Education for a certificate excusing him from the provisions of this rule and if the certificate is granted such pupil may be transported and may be counted for State aid purposes. Pupils eligible for school bus transportation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1961.

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ACT REGULATING PREPARATION, RECORDING, ETC. OF PLATS OF SURVEYAMENDED. No. 61 (House Bill No. 359). An Act to amend an Act regulating the preparation, contents, and recording of maps or plats of survey of tracts or bodies of land, approved March 24, 1933, (Ga. L. 1933, p. 193), as amended by an Act approved March 17, 1960, (Ga. L. 1960, p. 3196), so as to provide that certain counties shall come under the operation of said Act; to change the population and census figures therein; to remove ambiguities relating to the application of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the preparation, contents, and recording of maps or plats of survey of tracts or bodies of land, approved March 24, 1933, (Ga. L. 1933, p. 193), as amended by an Act approved March 17, 1960, (Ga. L. 1960, p. 3196), is hereby amended by striking from section 4 the figures and words 300,000 or more according to the 1950 census and substituting in lieu thereof the figures and words 13,500 or more according to the 1960 census, so that when so amended section 4 shall read as follows: Section 4. Section 1, 2 and 3 of this Act shall become effective in any county, except as hereinafter provided, upon the recommendation of the Grand Jury. Sections 6, 7, 8, 9, 10, 11, and 12 shall be effective in all counties having all or part of a city within their bounds with a population of 13,500 or more according to the 1960 census or any future United States census. Counties where applicable. Section 1A. Said Act is further amended by striking from the first paragraph of section 6 the following: and in order to be filed to real estate, whenever such maps or plats bear the land surveyor's certificate prepared

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in accordance with the requirements of this Act; so that when so amended, the first paragraph of section 6 shall read as follows: 1960 Act amended. Section 6. The clerk of the superior court shall file and record, in the office of said clerk, any and all maps or plats relating to real estate in said county, whether or not such maps or plats shall be attached to or made a part of any deed or other instrument relating to real estate, whenever such maps or plats bear the land surveyor's certificate prepared in accordance with the requirements of this Act; and in order to be filed and recorded, such maps or plats shall bear the land surveyor's certificate, prepared in accordance with requirements of this Act. The clerk of superior court shall not be required to examine maps or plats submitted to him for recording, to determine their compliance with the minimum standards and specifications herein set forth, where such maps or plats bear the surveyor's certificate required herein. Such maps or plats shall be prepared in accordance with the following minimum standards and specifications, except where specific provisions in county or municipal regulations require higher minimum standards and specifications, in which case said specific provisions shall govern: Section 1B. Said Act is further amended by striking from section 11 the words invalidate and inserting in lieu thereof the words apply to, so that when so amended, section 11 shall read as follows: Section 11. Nothing in this Act shall be deemed to apply to any map or plat made prior to the ratification of this Act. 1960 Act amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1961.

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AID TO COUNTIESAD VALOREM TAXATION EQUALIZATION PROGRAMS. No. 71 (House Bill No. 66). An Act to authorize State aid to counties in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. To the extent of funds appropriated and available for the purpose, the State Revenue Commissioner is authorized to aid the counties of this State in defraying the cost of employing persons, firms or corporations to assist county boards of tax assessors in the mapping, platting, cataloging, indexing and appraising of property for ad valorem tax purposes and to make, subject to the approval of such boards of tax assessors, reevaluations of property, to search out and appraise unreturned property, or to purchase such information from any municipality or political subdivision of this State. Aid to counties. Section 2. The aid contemplated hereunder is not intended for the purpose of defraying the ordinary or recurring costs or expenses of property tax administration within the counties but is intended to encourage the counties to enter upon survey, evaluation and equalization programs of all, or substantially all, property within their respective boundaries. Intent. Section 3. The aid contemplated hereunder is that the State will pay such portion of the cost of such a program as the financial condition of the county requires, the amount so paid to be repaid to the State by the county for whose benefit paid, as hereinafter provided. Loans. Section 4. The State Revenue Commissioner shall administer this Act. He, along with the President of the County Commissioners Association and the President of the Georgia Municipal Association shall, as a committee,

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have the authority to determine the counties to receive this aid, and the extent of it, giving consideration to the funds available, the relative needs among the counties for such a program, and the relative abilities of the counties to finance such a program. The State Revenue Commissioner shall have authority to promulgate such rules, regulations and instructions as he deems necessary to the administration of this Act. Provided, however, no aid shall be granted hereunder except with respect to a program which, prior to its initiation, has received the approval of the Committee, and provided further that the governing authority of each county shall have the exclusive right to determine with whom they shall contract or employ for such reappraisal. Administration of Act. Section 5. Upon application of the governing authority of a county for aid under this Act, and the submission of a valuation and equalization program and its approval by the Committee and the State Revenue Commissioner's determination of the extent of aid, the governing authority of said county and the State Revenue Commissioner shall enter into a contract respecting the payment of the cost of such program and the repayment of the amount to be paid by the State. Said contract shall provide for the repayment of said amount, without interest, in five equal annual installments, the first to be due on December 31st of the calendar year following the calendar year during which such contract is executed, and one of the remaining annual instalments be due on December 31st of each calendar year thereafter for four years. Said contract shall also provide that whenever any annual instalment payment is in default, the State Revenue Commissioner shall have an irrevocable power of attorney from said governing authority to direct the State Treasurer to pay over to him, as State Revenue Commissioner, all funds otherwise due to said county, or its governing authority, under the Act approved March 8, 1945, (Ga. L. 1945, p. 316) or under any other appropriation of the General Assembly for grants to counties for aid in county road construction or maintenance, or both, until such default has been paid. The State Treasurer

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is hereby required to give effect to such direction notwithstanding any other provision of law. Contracts. Section 6. The limitations on the millage levy prescribed in Code sections 92-3702 and 92-3706 shall not apply to any levy which a county governing authority may make for purposes of defraying the cost of a survey, evaluation and equalization program contemplated hereunder or of repaying to the State amounts advanced under this Act; nor shall amounts to be repaid to the State under this Act constitute debts within the meaning of Section VII of Article VII of the Constitution of the State; nor shall the aid contemplated hereunder be construed as an assumption of county debts within the meaning of Paragraph V of Section III of Article VII of said Constitution. Taxation to repay loans. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1961. AID TO COUNTIESWATER POLLUTION CONTROL. No. 73 (House Bill No. 175). An Act to provide for grants to counties, municipalities, or any combination of the same to assist in construction of those projects as qualify for Federal aid and assistance under the Federal Water Pollution Control Act; to provide that the State Board of Health shall administer this Act; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State of Georgia is hereby authorized to make grants, as funds are available, to any county, municipality, or any combination of the same to assist said governmental units in the construction of those water

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pollution control projects as qualify for Federal aid and assistance under the provisions of Title 33, Section 466-466k of the United States Code Annotated. Authority to make grants. Section 2. The State's contribution toward the construction of the above projects shall be thirty (30%) per cent of the cost of that portion of said projects which qualify for Federal assistance under the provisions of Title 33, Section 466-466k of the United States Code Annotated, or $250,000.00, whichever is the lesser sum. It is the intent and purpose of this Act to provide State funds to match Federal funds only for such projects or portions of such projects as qualify under the provisions of said Federal Act for Federal assistance. Limits of assistance. Section 3. The State Board of Health shall be the agency for the administration of the funds granted by this State. The administration of these funds shall be done in direct conjunction with the administration of Federal funds granted for this purpose. Administration of Act. Section 4. The determination of the relative need, the priority of projects, and the standards of construction shall be consistent with the provisions of Title 33, Section 466-466k of the United States Code Annotated. Intent. Section 5. The State Board of Health is hereby empowered to adopt such rules and regulations and such procedures to be followed in applying for State grants herein authorized as shall be necessary for the effective administration of this Act. Rules. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1961.

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GENERAL ASSEMBLYAPPORTIONMENT OF HOUSE OF REPRESENTATIVES. Code 47-101 Amended. No. 75 (House Bill No. 156). An Act to amend Code section 47-101, relating to the apportionment of the House of Representatives among the several counties, as amended, so as to reapportion the members of the House of Representatives among the several counties according to the United States Census of 1960; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-101, relating to the apportionment of the House of Representatives among the several counties, as amended, is hereby amended, by striking said section in its entirety and inserting in lieu thereof a new section 47-101 to read as follows: 47-101. The membership of the House of Representatives shall be as follows: Three members each from the counties of Fulton, DeKalb, Chatham, Muscogee, Bibb, Richmond, Cobb, Dougherty; two members each from the counties of Floyd, Hall, Lowndes, Troup, Clayton, Clarke, Walker, Gwinnett, Whitfield, Glynn, Houston, Carroll, Spalding, Thomas, Ware, Baldwin, Colquitt, Laurens, Coweta, Bartow, Polk, Decatur, Sumter, Bulloch, Upson, Tift, Cherokee, Coffee, Catoosa, Newton; and one member each from each of the other counties of the State. Apportionment. Section 2. This Act shall be applicable to the members of the House of Representatives who are elected for the 1963-64 term and also to those who are elected for future terms. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1961.

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EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDDEPARTMENT OF CORRECTIONS. No. 78 (House Bill No. 168). An Act to amend an Act approved February 3, 1949, establishing an employees' retirement system, (Ga. L. 1949, Reg. Sess., pp. 138 et seq.), and as amended, so as to determine membership and conditions of membership in Division A of said system for those eligible employees of the State Department of Corrections; to provide a method of financing the inclusion of the membership by the said department and by its eligible employees; to provide for the termination of the Retirement System's liability under certain conditions; to provide for the establishment of procedures connected herewith; 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 establishing an employees' retirement system, approved February 3, 1949, (Ga. L. 1949, Reg. Sess., pp. 138 et seq.), as amended, is hereby amended by adding at the end thereof the following: (1) From and after the approval date of this Act, the eligible employees of the State Department of Corrections are hereby authorized to become members of Division A within the Employees' Retirement System of Georgia. Members of Division A. (2) The State Department of Corrections or such official therein, who is responsible for the payment of compensation to the employees within said department, shall cause to be deducted from the compensation of each member for each and every payroll period the employees' contributions as may be required by the provisions of the Systems Act, and shall pay to the Board of Trustees, in such manner as the Board may prescribe, the amounts so deducted. The Director of said Department is hereby authorized and directed to pay from funds appropriated

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for the operation of the State Department of Corrections, the employer contributions as may be required by the provisions of the System Act, such employer contributions shall be paid to the Board of Trustees, in such manner as the Board may prescribe. Contributions, etc. (3) In addition to the regular established employer contributions as required by the System Act, the Director of the State Department of Corrections is hereby authorized and directed to pay, from funds received by the Department of Corrections as income from earnings realized as compensation for the various services rendered by the Department, an additional contribution as determined by the Board of Trustees, said additional contribution shall be a regular quarterly amount sufficient to amortize the total amount of the employer's contributions which would have been paid for all of said Department's employees from August 1, 1953 to July 1, 1961, said quarterly amounts shall include an amount of interest on these employer contributions as prescribed by the Board of Trustees. The regular quarterly payments shall cause the amortization, within a period not in excess of 5 years, of the total amount of the employer's contributions including any and all interest as may be further prescribed by the Board of Trustees, said quarterly payments shall begin on July 1, 1961. In the event the earnings of the department are not sufficient to pay such contributions the same shall be paid from funds available to the Department from appropriations or otherwise. If the contributions are not made as provided herein the provisions of this Act shall be null and void. (4) (a) Any individual who is an employee of the State Department of Corrections on the approval date of this Act may become a member of Division A of the Retirement System but he shall not be considered as eligible for any service whatsoever other than membership service for which he will contribute. (b) Any individual, who, on August 1, 1953, was an employee of the State Department of Corrections, and without a break in service with said Department, so

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remains in the employment of said Department on the approval date of this Act, and who has not previously declined membership in the Employees' Retirement System of Georgia shall, upon becoming a member of said System, and upon immediate payment by the member of the total amount of accumulated contributions which would have accrued had he been a contributing member since August 1, 1953, be entitled to all creditable service in the same manner as other individuals in said Department who became members of Division A of the Retirement System. (5) Anything in this Act to the contrary notwithstanding, those employees of the State Department of Corrections upon becoming members of the System shall be eligible for Survivors' Benefits as prescribed and in accordance with the rules and regulations relative to the same which were in existence on July 1, 1953, provided however, any determination relative to the member's eligibility for such benefits shall also be based upon the attained age of the member on the date he elects membership, notwithstanding the fact that he may have been an employee of said department on January 1, 1953. Section 2. The provisions of this Act relative to membership for those eligible employees of the State Department of Corrections shall become effective upon approval by the governor or at such time as it may become law. The provisions of this Act relative to employer contributions shall become effective as of July 1, 1961. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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COBB JUDICIAL CIRCUITCOMPENSATION OF JUDGES. No. 82 (House Bill No. 260). An Act to amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), so as to provide that said additional judge shall receive the same compensation, salary, expenses and allowances as the other judge of said circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The compensation, salary, expenses and allowances of said additional Judge of the Superior Court of the Cobb Judicial Circuit of Georgia from the State of Georgia and Cobb County shall be the same as that of the other Judge of the Superior Court of the Cobb Judicial Circuit, so that both Judges shall receive the same amount of funds in their positions as Judges of said Superior Court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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CLERKS OF SUPERIOR COURTSCONTENTS OF DUPLICATE INDEX BOOKS. Code 24-2715 Amended. No. 89 (House Bill No. 191). An Act to amend Code section 24-2715, relating to additional duties of the clerks of the superior courts, so as to define the term grantor for the purposes of this section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2715, relating to additional duties of the clerks of the superior courts, is hereby amended by adding at the end of subsection (8) the following: The name of the grantor as listed on such index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by such owner or by some other person, firm or corporation on behalf of such owner, and whether or not such owner is deceased, and an appropriate notation shall be made as to the capacity of the person, firm or corporation executing such instrument on behalf of such owner. so that when so amended, subsection (8) of Code section 24-2715 shall read as follows: 8. The clerk of the superior court shall provide, at the expense of each county, a duplex index book, wherein shall be indexed the names of grantor and grantee of every instrument recorded in his office, the character of the instrument, date of the instrument, book where recorded, and the date of the record. The name of the grantor as listed on such index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed

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by such owner or by some other person, firm or corporation on behalf of such owner, and whether or not such owner is deceased, and an appropriate notation shall be made as to the capacity of the person, firm or corporation executing such instrument on behalf of such owner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. GENERAL ASSEMBLYINSPECTION OF INSTITUTIONSACT REPEALED. Code 35-604 Repealed. No. 91 (House Bill No. 138). An Act to repeal Code section 35-604 relating to the committee of the General Assembly to visit institutions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 35-604 which reads as follows: 35-604. (2865) Committee from General Assembly to visit institution .The President of the Senate and Speaker of the House of Representatives shall biennially appoint from the members of the General Assembly a special committee of nine, six from the House and three from the Senate, whose duty it shall be to visit the Georgia Industrial Home and such other institutions as shall have inmates committed to them under this law and look into the conduct and management of such institutions. The officers of each and all such institutions shall make a report to the General Assembly, through the committee, of the number and names of the inmates from

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each county under this law, together with date of entrance, and as to the general work of the institution. Such committee so appointed shall visit said institution without notice, inspect same, and render a report to the General Assembly as to the condition of each and every institution so visited, together with such comments upon the work there being done as they may see fit and proper. (Acts 1904, pp. 93, 95.) is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. CRIMINAL LAWRECEIVER OF STOLEN GOODS. Code 26-2620 Amended. No. 93 (House Bill No. 106). An Act to amend Code section 26-2620, relating to receiving stolen goods, so as to provide that the buyer or receiver may be tried without the necessity of the principal thief having been convicted, if the principal thief is under seventeen years of age or is insane; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2620, relating to receiving stolen goods, is hereby amended by adding at the end thereof the following: Such buyer or receiver may be prosecuted without the principal thief having been convicted, if the principal thief is under seventeen years of age or is insane. so that when so amended Code section 26-2620 shall read as follows:

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26-2620. If any person shall buy or receive any goods, chattels, money, or other effects that shall have been stolen or feloniously taken from another, knowing the same to be stolen or feloniously taken, such person shall be an accessory after the fact, and shall receive the same punishment as would be inflicted on the person convicted of having stolen or feloniously taken the property. Such buyer or receiver may be prosecuted without the principal thief having been convicted, if the principal thief is under seventeen years of age or is insane. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. GENERAL ASSEMBLYINSPECTIONS OF STATE PROPERTY, INSTITUTIONS, ETC.ACTS REPEALED. Code 47-111 Repealed. No. 94 (House Bill No. 137). An Act to repeal Code section 47-111 relating to visiting committees of the legislature; to repeal an Act relating to inspection of property, institutions and resources of the State, approved March 28, 1935 (Ga. L. 1935, p. 391); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-111, which reads as follows: 47-111. (355) Visiting committees of legislature; membership; expenses .All committees appointed by the President of the Senate and Speaker of the House of Representatives to visit the various institutions of the

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State shall consist of not more than three from the Senate and nine from the House of Representatives. Said committees shall receive as compensation, in addition to their per diem, the actual and necessary money paid out by them as expenses in visiting said institutions. (Acts 1898, p. 109). is hereby repealed in its entirety. Section 2. An Act entitled An Act to provide for inspection of all property, institutions and resources of the State by committees appointed by the Speaker of the House and the President of the Senate, to provide for their expenses; and for other purposes. approved March 28, 1935 (Ga. L. 1935, p. 391) is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. SUBSTITUTE BIRTH CERTIFICATES FOR ADOPTED CHILDREN, OPTIONS OF ADOPTING PARENTS. No. 95 (House Bill No. 189). An Act to amend an Act providing a comprehensive vital statistics law, approved March 8, 1945 (Ga. L. 1945, p. 236), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 304), so as to change the provisions relating to the opening of sealed records; to prescribe the procedure for providing birth certificates for certain adopted children not born in the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a comprehensive vital

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statistics law, approved March 8, 1945 (Ga. L. 1945, p. 236), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 304), is hereby amended by striking from section 10 the words Such sealed records may be opened by the Division of Vital Statistics only upon demand of the adopted person, if of age, or by order of a court of competent jurisdiction., and inserting in lieu thereof the words Such sealed records may be opened by the Division of Vital Statistics only upon order of a Judge of a Superior Court., so that when so amended section 10 shall read as follows: Opening of sealed records. Section 10. Adoptions . In case of adoption it shall be the duty of the clerk of the superior court to forward by the fifteenth of the following month to the Division of Vital Statistics of the Georgia Department of Public Health a Certificate of Adoption on a form which shall be prescribed by the State Board of Health, in lieu of the adoption papers. The Division upon receipt of the Certificate of Adoption and upon request of the adopting parents shall prepare a substitute certificate, if the birth occurred in the State of Georgia, on a form prescribed by the State Board of Health in the name of the adopted person naming the true date of birth and sex of said adopted person and statistical particulars and names of the foster parents in place of natural parents. At the option of the adoptive parents the place of birth may be shown as the true place of birth or as the residence of the parents as of the date of the birth of the child, if the adoptive parents were bona fide residents of the State of Georgia on the date of birth. The adopting parents shall have the right to exercise the above stated option provided the adoption was made final after March 6, 1856. If no birth certificate is found to be on file for the adopted person and if such person was born in the State of Georgia, a delayed birth certificate shall be executed according to the provisions of section 23. The Division of Vital Statistics shall send a copy of the substitute record to the official responsible for the maintenance of county and/or city vital statistics records and such official shall substitute said substitute record for the certificate on file in his office. If the county of residence

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of the adoptive parents is used as the place of birth, the substitute certificate shall be sent to that county and the original county certificate recalled without a copy of the substitute certificate being filed in lieu thereof. The copies of the original county birth record shall then be forwarded to the Division of Vital Statistics to be sealed with the original record in the files of the Division of Vital Statistics. Such sealed records may be opened by the Division of Vital Statistics only upon order of a Judge of a Superior Court. Upon receipt of a certified copy of a court order of annulment of adoption, the Division of Vital Statistics shall restore the original certificate to its original place in the files. Section 2. Said Act is further amended by adding a new section to be known as Section 10A to read as follows: Section 10A. Any other provisions of this Act, as amended, to the contrary notwithstanding, in the event the adopted person was not born in the State of Georgia, a birth certificate shall be prepared as provided in section 10 of this Act, as amended, and the adoptive parents are hereby given all choices and options prescribed in section 10 relative to an adopted person who is born in the State of Georgia. Provided, however, the above shall apply only to an adopted person born outside the State of Georgia who was or is entitled to United States citizenship at the time of birth, and who was or is placed for adoption through the State Department of Welfare or a child placement agency licensed by the State, or any other legal adoption. Children born outside of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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GAME AND FISHACQUISITION OF LAND AND WATER BY FEDERAL GOVERNMENT. No. 104 (House Bill No. 45). An Act to amend an Act approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, revising, superseding, and consolidating the laws relating to the State Game and Fish Commission, so as to give the consent of the State of Georgia for the acquisition of land and water by the United States for the conservation, protection, propagation and development of all species of fish and wildlife; to place certain reservations upon such consent; to provide for notice by the Federal Government; to provide for approval by the Game and Fish Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, revising, superseding, and consolidating the laws relating to the State Game and Fish Commission, is hereby amended by adding a new section to be numbered section 26A to read as follows: Section 26A. The consent of the State of Georgia is hereby given to the acquisition by the United States by purchase, gift, devise, lease, condemnation, or otherwise, of such areas of land or water or of land and water in the State of Georgia as the United States may deem necessary for the conservation, protection, propagation, and development of all species of fish and wildlife, and for other conservation purposes, reserving, however, to the State of Georgia full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of any act of Congress authorizing such acquisitions: Provided, that prior to such acquisition, notice shall be given by the Federal Government to the Game and Fish Commission of the State of Georgia of plans stating the specific

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use to be made of and the specific location and description of such lands desired by the Federal Government for any such conservation use, and that such plan for acquisition of said lands be approved by the Game and Fish Commission of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. DEPARTMENT OF CORRECTIONSDUTIES OF DIRECTOR. No. 107 (House Bill No. 169). An Act to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to the State Board of Corrections, to prisons, public works camps and prisoners approved February 20, 1956 (Ga. L. 1956, p. 161), as amended so as to provide that the Director of the State Board shall act for the Department for and in compliance to any retirement provisions for the employees and officials of the State Department, which are now in effect or that may hereafter be enacted; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to the State Board of Corrections, to prisons, public works camps and prisoners approved February 20, 1956 (Ga. L. 1956, p. 161), is hereby amended by adding at the end of section 8 thereof, the following language: In addition, the Director shall act for the Department for and in compliance to any retirement provisions for

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the employees and officials of said Department which are now in effect or that may hereafter be enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. COBB JUDICIAL CIRCUITTERMS OF COURT. No. 114 (House Bill No. 141). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the terms of court of the Superior Court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. That the terms of the Superior Court of Cobb County shall be regularly held on the second Monday in the months of January, March, May, July, September, and November. Terms. Section 2. The change in terms of the Superior Court of Cobb County provided for in this Act shall become effective with the May, 1961 term. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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PIEDMONT JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. Code 24-3103 Amended. No. 119 (House Bill No. 75). An Act to repeal an Act entitled An Act to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; to provide how much compensation shall be paid by the counties comprising the Piedmont Judicial Circuit; to provide for the disposition of fees; to repeal an Act providing for additional compensation for the court reporter of the Piedmont Judicial Circuit (Ga. L. 1943, p. 278) (Act # 172); to provide an effective date; to repeal conflicting laws; and for other purposes, approved February 27, 1956 (Ga. L. 1956, p. 305); to amend Code section 24-3103, relating to the compensation of court reporters in civil cases, as amended, so as to provide for additional compensation for the court reporter of the Piedmont Judicial Circuit; 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 that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; to provide how such compensation shall be paid by the counties comprising the Piedmont Judicial Circuit; to provide for the disposition of fees; to repeal an Act providing for additional compensation for the court reporter of the Piedmont Judicial Circuit (Ga. L. 1943, p. 278) (Act #172); to provide an effective date; to repeal conflicting laws; and for other purposes, approved February 27, 1956 (Ga. L. 1956, p. 305), is hereby repealed in its entirety. 1956 Act repealed. Section 2. Code section 24-3103, relating to the compensation of court reporters in civil cases, as amended, is hereby amended by adding at the end thereof the following:

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Provided, however, that in addition to the compensation above provided, the official reporter of the Superior Court of the Piedmont Judicial Circuit, shall be paid, in the discretion of the presiding judge the sum of $15.00 per day for attending court each day the court shall be in session for the trial of civil cases before a jury, which sum shall be paid on the order of the presiding judge out of funds of the county of which the trial is had. Compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. STATE BOARD OF CORRECTIONSREINSTATEMENT OF FORFEITED GOOD TIME ALLOWANCES. No. 121 (House Bill No. 144). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 1956 (Ga. L. 1956, p. 161, et seq.), so as to provide that the State Board of Corrections may provide by rules and regulations for the reinstatement of a part of the statutory and extra-good time allowance forfeited by the offenses of escape, attempt to escape, mutiny, sodomy, resisting arrest, assaulting a guard, warden, or other prison official or employee, or possession of any contraband which would aid in an escape or the infliction of serious injury upon any person; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating

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to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 1956 (Ga. L. 1956, p. 161, et seq.) is hereby amended by adding to the end of subsection (c) of section 24 of said Act the following: Provided, however, that the State Board of Corrections may formulate rules and regulations providing the manner and under what circumstances a prisoner may earn reinstatement of a part or percentage of whatever statutory or extra-good time has been forfeited by the offenses hereinabove mentioned., so that, as amended, subsection (c) of section 24 of said Act shall read as follows: (c) Deduction from good-time allowance . The wardens of the various penal institutions above referred to shall immediately notify the board in writing of any punishment imposed or other disciplinary action taken against any prisoner under such warden's custody, said report to be on forms prescribed and furnished by the board, and shall show, among other things, the work record and behaviour record of the prisoner, including the punishment imposed therefor. From said record so furnished, the Director of Corrections or his assistants shall evaluate said act of misconduct or failure to work, and make appropriate deductions from the statutory and extra good-time allowances earned by the prisoner up to the time of the offense, said deduction to take into account the severity of the offense, and the past record of the prisoner; provided, that all statutory and extra good-time allowance earned up to the time of the offense shall be forfeited for escape, attempt to escape, mutiny, sodomy, resisting arrest, assaulting a guard, warden, or other prisoner official or employee, or possession of any contraband which would aid in an escape or the infliction of serious injury upon any person. Provided, however, that the State Board of Corrections may formulate rules and regulations providing the manner and under what circumstances a prisoner may earn reinstatement of a part or percentage of whatever statutory or extra-good

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time has been forfeited by the offenses hereinabove mentioned. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. PROCEDURE TO BE FOLLOWED IN CHANGING THE NAME OF INDIVIDUALS. Code Chapter 79-5 Amended. No. 126 (House Bill No. 172). An Act to amend Code chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or their children's names, as amended, so as to provide for a new procedure to be followed in changing the name of any individual; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or their children's names, as amended, is hereby amended by striking Code section 79-501 in its entirety and substituting in lieu thereof a new section to read as follows: 79-501. Any person desirous of changing his name or the names of his children may present a petition to the Superior Court of the county of his residence, setting forth fully and particularly the reason why such change is asked, which petition shall be verified by the petitioner. Within seven (7) days of the filing of said petition, the petitioner shall cause a notice of such filing, signed by him, to be published in the official gazette of the county once a week for four weeks. Said notice shall contain

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therein the name of the petitioner, the name of the person whose name is to be changed if different from that of petitioner, the new name desired, the court in which same is pending, the date on which the petition was filed, and the right of any interested or affected party to appear therein and file objections. Upon the expiration of thirty (30) days from the filing of the petition, and proof to the court of publication of the notice as herein required, if no objection is filed, the court shall proceed in term or in vacation, at chambers, at such date as the court shall fix, to hear and determine all matters raised by the petition and to render final judgment or decree thereon. Procedure. Section 2. Said Chapter is further amended by striking Code section 79-502 in its entirety and substituting in lieu thereof a new section to read as follows: 79-502. If written objections are filed by any interested or affected party within thirty (30) days after filing of the petition, the court shall thereupon proceed to hear the matter at chambers, in term or vacation. Objections. Section 3. Said chapter is further amended by adding a new Code section to be numbered 79-503 which shall read as follows: 79-503. Nothing herein contained shall authorize any person to change his name with a view to deprive another fraudulently of any right under the law. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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DEPARTMENT OF LAWCOMPENSATION OF ATTORNEY GENERAL, ASSISTANT ATTORNEYS GENERAL. No. 138 (Senate Bill No. 51). An Act to amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, so as to provide for the compensation of the Attorney General; to provide for the compensation of Assistant Attorneys General; to provide for the compensation of the employees of the Department of Law; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, is hereby amended by striking from section 2 the words the Attorney General shall be paid $7,500.00 per annum payable monthly. Section 2. Said Act, as amended, is further amended by adding a new section to be numbered Section 2A to read: Section 2A. The Attorney General shall be compensated in the amount of twelve thousand and no/100 dollars ($12,000.00) per annum, with an additional amount of eight hundred and no/100 dollars ($800.00) per annum for each four (4) years of service, figured at the beginning of each such period of service, with a State Department financed by appropriations payable through the State Treasury up to twenty (20) years, and an annual contingent expense allowance in the amount of two thousand four hundred dollars ($2,400.00) per annum in lieu of any and all travel expenses and expenses of purchasing a personal automobile. He shall also be compensated in the amount of two hundred and forty dollars ($240.00) per annum for each ex officio office created by law and held by him. In the event he is performing

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duties provided for under any other title under a statute wherein a specific amount of compensation or allowance is provided therefor, he shall receive such amount but shall not receive the amount of two hundred and forty dollars ($240.00) per annum therefor as provided hereinbefore for holding an ex officio office. Salary of Attorney General. Section 3. Said Act, as amended, is further amended by striking section 3 thereof in its entirety and in lieu thereof inserting the following: Section 3. All of said Assistant Attorneys General shall be appointed by the Governor with the approval of the Attorney General, and subject to confirmation by the Senate, except one Assistant who shall be appointed by the Attorney General. The Attorney General shall determine the compensation of each Assistant Attorney General and he shall determine the compensation of the employees of the Department of Law; provided, however, that the employees thereof under a Merit System shall be compensated in accordance with the provisions of said system. Any Assistant Attorney General may be removed at any time by the Governor with the approval of the Attorney General or any such Assistant Attorney General may be removed by the Attorney General with the approval of the Governor. Assistant Attorneys General, employees of Department of Law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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STATE TREASURERCOMPENSATION. Code 40-901 Amended. No. 141 (Senate Bill No. 11). An Act to amend Code section 40-901, as amended, relating to the election, salary, and term of office of the Treasurer of the State of Georgia, so as to clarify the provisions thereof relating to the term of office; to change the compensation provided therein; to provide for the compensation of employees of the Treasury Department of the State of Georgia; to provide that the compensation provided herein shall be the total compensation of said Officer, notwithstanding any other provision of law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 40-901, as amended, relating to the election, salary, and term of office of the Treasurer of the State of Georgia, is hereby amended by striking said section in its entirety and in lieu thereof inserting a new Code section 40-901, to read: Section 40-901. There shall be a Treasurer of the State who shall be elected at the same time, for the same term, and in the same manner as the Governor, who shall receive an annual salary of $18,000.00, payable semi-monthly, and in addition thereto he shall be reimbursed for actual expenses incurred in the performance of his duties. The State Treasurer shall fix the compensation of the employees of the Treasury Department; provided, however, that employees of the Treasury Department under the Merit System applicable to Treasury Department employees shall be compensated as provided by the rules and regulations of said system. Treasurer's salary, employees of department. Section 2. The compensation provided herein shall be the full compensation of the State Treasurer and shall suspend and remove said officer from the provisions of

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an Act approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended, relating to the compensation of certain State officers. The provisions of section 6 of said Act shall not be applicable to Code section 40-901 as herein amended. It is the intent and purpose of this Act to provide the total compensation of said officer under the provisions of this Act, any other provision of law to the contrary notwithstanding. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. SELECTION OF JURORS IN CERTAIN COUNTIES. Code 59-108 Amended. No. 143 (House Bill No. 60). An Act to amend Code section 59-108, relating to how jurors' names shall be selected from the jury box, so as to provide that in certain counties all traverse jurors in all courts, with certain exemptions, within the county shall be drawn from the same box which shall contain two separate compartments; to provide that no selection shall be made from the second compartment until the first compartment shall have been emptied; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-108, relating to how jurors' names shall be selected from the jury box, is hereby amended by adding to said section the following: In all counties of this State having a population of not less than 136,000 and not more than 157,000 according to the United States Census for 1960, or any future census, the citizens selected to serve as traverse jurors in any

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court within said county, except the Justice of the Peace Courts, the Coroner's and Ordinary's Courts, shall be selected from the same jury box. Said jury box shall contain two separate compartments. Once selection of jurors has commenced from one compartment, no name shall be drawn from the other compartment until the first compartment shall have been emptied of all names. so that when so amended, said section shall read as follows: 59-108. The jury commissioners shall place the tickets containing the names of grand jurors in a box to be provided at the public expense, which box shall contain compartments marked number one and two, from which grand jurors shall be drawn, and the jury commissioners shall place the tickets containing the names of traverse jurors in a separate box, from which traverse jurors shall be drawn. In all counties of this State having a population of not less than 136,000 and not more than 157,000 according to the United States Census for 1960, or any future census, the citizens selected to serve as traverse jurors in any court within said county, except the Justice of the Peace Courts, the Coroner's and Ordinary's Courts, shall be selected from the same jury box. Said jury box shall contain two separate compartments. Once selection of jurors has commenced from one compartment, no name shall be drawn from the other compartment until the first compartment shall have been emptied of all names. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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DEPARTMENT OF PUBLIC SAFETYDRIVER'S LICENSES. No. 144 (House Bill No. 52). An Act to amend an Act creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle driver's licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 17, 1939 (Ga. L. 1939, p. 135), an Act approved March 27, 1947 (Ga. L. 1947, p. 294), an Act approved February 19, 1951 (Ga. L. 1951, p. 157), an Act approved March 9, 1955 (Ga. L. 1955, p. 662), an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 35), an Act approved March 13, 1957 (Ga. L. 1957, p. 375), an Act approved March 13, 1957 (Ga. L. 1957, p. 656), and an Act approved March 25, 1958 (Ga. L. 1958, p. 396), so as to exempt all former non-resident motorists from certain provisions of said Act for a period of thirty (30) days after actual physical presence within this State commences; to provide that upon application for a Georgia driver's license, all previous valid motor vehicle operator licenses shall be surrendered to the Department of Public Safety; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle driver's licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 17, 1939 (Ga. L. 1939, p. 135), an Act approved March 27, 1947 (Ga. L. 1947, p. 294), an Act approved February 19, 1951 (Ga. L. 1951, p. 157), an Act approved March 9, 1955 (Ga. L. 1955, p. 662), an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 35), an Act approved March 13, 1957 (Ga. L. 1957, p. 375), an Act approved March 13, 1957 (Ga. L. 1957, p. 656), and an Act approved March 25, 1958 (Ga. L. 1958, p. 396), is hereby

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amended by adding to the end of subsection 1 of section 1 of article IV the following: The provisions of this subsection shall not apply to former non-residents of this State within a thirty (30) day period after the actual physical presence necessary to establish legal domicile within this State commences; provided, however, the new resident possesses a valid driver's license issued by the State of his former domicile, or is over eighteen (18) years of age, and was previously domiciled in a State which does not require a license for the operation of a motor vehicle. so that when so amended, subsection 1 of section 1 of article IV shall read as follows: From and after July 1, 1937, it shall be a misdemeanor punishable by the courts of this State having jurisdiction thereof, by the imposition of a fine not to exceed $50, including costs, imprisonment not to exceed six months, to work on the chain gang, or the public roads or on such other public works as the county or State authorities may employ the chain gang, not to exceed six months, any one or more of these punishments in the discretion of the judge, for any person to operate a truck, motorcycle, automobile, or any other motor-propelled vehicle upon the public roads or highways in this State or any county thereof, or upon the public streets of any incorporated village, town, or city within this State, without first obtaining a license under the provisions of this Act; Provided, however, that an obligatory minimum fine of $5 shall be assessed upon every person guilty of operating a motor vehicle without a license to operate the same unless otherwise exempt by law. The provisions of this Subsection shall not apply to former non-residents of this State within a thirty (30) day period after the actual physical presence necessary to establish legal domicile within this State commences; provided, however the new resident possesses a valid driver's license issued by the State of his former domicile, or is over eighteen (18) years of age, and was previously domiciled in a State which does not require a license for the operation of a motor vehicle. Drivers' licenses.

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Section 2. Said Act is further amended by adding between the words applicant and and, in the last sentence of section 5 of article IV, the following: and if such applicant shall have been a former non-resident, all valid motor vehicle operator licenses issued to said applicant by any other state, so that when so amended, section 5 of article IV shall read as follows: Section 5. All licenses issued or renewed on or after July 1, 1955, shall expire at midnight on the next March 31 following issuance or renewal, except that five-year licenses or renewals shall expire at midnight on March 31 of the fifth year following issuance or renewal. All licenses issued prior to July 1, 1955 shall expire at midnight March 31, 1956. All honorary licenses issued pursuant to an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 755), shall not expire by virtue of this Act, and shall remain of full force and effect until suspended or revoked as provided by law. No person entitled to such honorary license shall be required to pay any fee therefor. No person making application for a renewal license shall be required to stand an examination in order to obtain a renewal of the license which expires March 31, 1956. Nothing contained herein shall prevent the revocation or suspension of any license now in force or hereafter issued as is now or may be hereafter provided by law. A renewal license may be issued within a period of 90 days prior to the expiration of the license to be renewed and the Director of the Department of Public Safety may extend the time for the renewal of licenses up to 60 days after the expiration date if he deems an extension necessary. Application for license and renewal shall be made under oath on forms furnished by the Director of the Department of Public Safety and must be accompanied by the fee charged, the name and address of the applicant, and if such applicant shall have been a former non-resident, all valid motor vehicle operator licenses issued

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to said applicant by any other state, and such other information as the Director may deem necessary. Surrender of out of State licenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. GENERAL ASSEMBLYADJOURNMENT RESOLUTION. House Resolution No. 147. A Resolution. Relative to adjournment of the General Assembly; and for other purposes. Be it resolved by the General Assembly of Georgia that the House and Senate adjourn at 3:00 o'clock p.m., Thursday, February 2, 1961, until 10:00 o'clock a.m., Monday, February 20, 1961. IN SENATE Read and Adopted February 2, 1961. /s/ George D. Stewart, Secretary. IN HOUSE Read and Adopted February 2, 1961. /s/ Glenn W. Ellard, Clerk.

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COURT OF APPEALSADDITIONAL JUDGES. Code 24-350124-3502 Amended. No. 148 (House Bill No. 80). An Act to amend Code section 24-3501, as amended, particularly by an Act approved March 8, 1945 (Ga. L. 1945, p. 232), an Act approved March 3, 1960 (Ga. L. 1960, p. 158), and Code section 24-3502, as amended by an Act approved March 3, 1960 (Ga. L. 1960, p. 158), so as to increase the number of judges from seven to nine; to provide that the court shall sit in three divisions, composed of three judges in each division; to provide when all members of the court shall sit as one court; to provide for the election of the eighth and ninth judges; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-3501, as amended, particularly by an Act approved March 8, 1945 (Ga. L. 1945, p. 232), an Act approved March 3, 1960 (Ga. L. 1960, p. 158), relating to the number of Judges on the Court of Appeals, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section, to read: 24-3501. The Court of Appeals shall consist of nine Judges, who shall elect one of their number as Chief Judge, in such manner and for such time as may be prescribed by rule or order of the Court. The Court shall sit in three divisions, composed of three Judges in each division. Two Judges shall constitute a quorum of a division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the Court. The Chief Judge shall be the Presiding Judge of the first division. He shall designate the Presiding Judges of the second and third divisions, and shall, under rules prescribed

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by the Court, distribute the cases among the divisions in such manner as to equalize their work as far as practicable; and all criminal cases shall be assigned to one division. Each division shall hear and determine, independently of the others, the cases assigned to it, except that all members of the Court, sitting as one court, shall pass on and determine each case in which there is a dissent in the division to which the case was originally assigned. In all cases which involve one or more questions which in the opinion of the majority of the Judges of the division to which a case is assigned should be passed upon by all the members of the Court, sitting as one court, the questions may be presented to all the members of the Court, sitting as one court, and if a majority of all the members of the Court, sitting as one court, decide that the question or questions involved should in their judgment and discretion be decided by all the members of the Court, sitting as one court, the case shall be passed upon by all the members of the Court, sitting as one court, provided that a majority of the Judges passing upon the case concur in the judgment. In neither class of cases shall there be oral argument except before the division to which the cases are originally assigned. Code 24-3501 amended. It being among the purposes of this section to avoid and reconcile conflicts among the decisions of the three divisions and to secure more authoritative decisions, it is hereby provided that when the three divisions sitting as one court, composed of all three divisions, the Court as thus constituted may by the concurrence of as many as five Judges overrule any previous decision by any division alone in the same manner as now prescribed for the Supreme Court; and, as precedent, a decision by such entire Court, with only a majority concurring shall take precedence over a decision by any division. A decision concurred in by all the Judges shall not be overruled or materially modified except with the concurrence of all the Judges. When all the members of the Court are sitting together as one court five Judges shall be necessary to

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constitute a quorum, but in all cases decided by such Court as a whole by less than nine Judges, the concurrence of at least five shall be essential to the rendition of a judgment. The tenure of the Judges first commissioned as the eighth and ninth Judges of the Court of Appeals shall continue until December 31, 1962, and until their successors are qualified; that their successors shall be elected at the general State election to be held on Tuesday after the first Monday in November, 1962, for a term of six years and until their successors are qualified. Section 2. That Code section 24-3502, as amended by an Act approved March 3, 1960 (Ga. L. 1960, p. 158), relating to the election of Judges on the Court of Appeals, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section, to read: Two Judges of the Court of Appeals shall be elected at each general State election to be held on Tuesday after the first Monday in November of the even numbered years, in the manner in which Justices of the Supreme Court are elected; except that three Judges shall be elected at the general State election to be held in 1960 and thereafter at each six-year interval, and that four Judges shall be elected at the general State election to be held in 1962 and thereafter at each six-year interval. The terms of the Judges so elected shall begin on January 1 following their election, and shall continue for six years and until their successors are qualified. They shall be commissioned accordingly by the Governor. Code 24-3502 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1961.

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EMPLOYEES RETIREMENT SYSTEM ACT AMENDED. No. 150 (House Bill No. 390). An Act to amend an Act approved February 3, 1949, establishing an employees' retirement system (Ga. L. 1949, Reg. Sess., pp. 138 et seq.), and as amended, so as to redefine retirement allowances; to limit prior service; to modify option provisions; to stipulate conditions of membership and retirement; to provide the procedure whereby certain members of the Teachers' Retirement System may become a member of Division A; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved February 3, 1949, whose caption is set forth in the caption hereof (Acts of 1949, pp. 138, et seq.), as amended, be, and the same is hereby amended by striking subsection (16) of section 1 (Section 40-2501 (16), Ga. Ann. Code) and inserting in lieu thereof, the following: (16) Retirement allowances shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof as provided in section 5, subsection (8) (Section 40-2505 (8), Ga. Ann. Code), of this Act. All retirement allowances shall be payable in equal monthly installments, except that the Board of Trustees, by regulations, may pay, in lieu of a retirement allowance of less than ten dollars per month, or in lieu of part of an annuity, a lump sum not to exceed the equivalent actuarial value. Retirement allowances. Section 2. Said Act as amended is further amended by adding to section 3 thereof a new and additional subsection numbered (8) to read as follows: (8) (a) Any other provision of law to the contrary notwithstanding, any member of the Teachers' Retirement

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System of Georgia, who after the effective date of this Act becomes an employee of an agency subject to the provisions of this Act, shall retain his membership with that system. Provided, however, that upon written request by such member to the Board of Trustees of said system authorizing said Board to adjust his prior service credits in the same manner as those members of Division A of the Employees' Retirement System, such member shall, upon certification from the Teachers' Board of Trustees to the Employees' Board of Trustees, be eligible for and become a member of Division A within the Employees' System. So long as such individual continues his membership in Division A, his adjusted credits with the Teachers' System shall continue to be active and his accrued contributions under the Employees' System shall be transferred at least annually, or upon request of the Teachers' System, to and become a part of the records of said system. Such individual shall accrue no credits or benefits provided for under this Act except to increase his credits with the Teachers' System. Social Security coverage for ex teachers. (b) Any former member of the Teachers' System who on or after October 1, 1959 and prior to the passage of this Act transferred his membership to the Employees' System shall upon his request, have his prior service credits adjusted in the same manner as those members of Division A of said System and thereupon become a member of Division A, Employees' Social Security Coverage Group. Section 3. Said Act, as amended is further amended by adding to section 4 (Section 40-2504, Ga. Ann. Code), a new and additional subsection numbered (11) to read: (11) Any other provisions of law to the contrary notwithstanding, after October 1, 1961, no prior service of any nature whatsoever, shall be deemed as creditable for any individual within a department or a division of a department that is or may be covered under provisions of this law; provided, however, this shall not be construed as prejudicial to any credits for prior service as

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established by the system prior to the date set forth in this subsection. Prior service credits. Section 4. Said Act, as amended, is further amended by striking, in its entirety, that particular paragraph of subsection (8) of section 5 (Section 40-2505 (8), Ga. Ann. Code) beginning with the words Option 4, and inserting in lieu of the stricken paragraph, the following: Option 4. Any other provisions of law to the contrary notwithstanding, until the first payment of any member's retirement allowance becomes payable, he may elect to convert his earned benefits into any method of payments which may be deemed necessary by the member, and upon approval by the Board of Trustees, said payments shall be paid either to the member, or at the election of the member, to any designated party, or to the estate of the member, or to the estate of any designated person, provided that under the method selected, any benefit which may be payable to the member, or to the party, or estate, so designated by the member, or to the member's estate, in excess of the member's monthly retirement allowance, shall be limited to a period not to exceed five continuous years from the date of the first payment and such monthly payment shall not exceed 135% of the monthly retirement allowance of the member when computed without option and provided further, except in cases where years certain payments have been established for the member, no monthly allowance shall be payable to the beneficiary which shall be an amount greater than the monthly allowance payable to the member's beneficiary had the monthly allowance been determined under Option 2 of this section. Payment of benefits. Section 5. Said Act, as amended, is further amended by adding to section 5 (Section 40-2505, Ga. Ann. Code), a new and additional subsection numbered (12) to read: (12) Any other provisions of law to the contrary notwithstanding, only those provisions of this section 5 relating to voluntary service retirement, death and disability

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allowances, shall apply to any transferring individual or to those individuals whose membership was by reason of (Section 40-2524, and to Section 40-2531, Ga. Ann. Code). Retirement allowances. Section 6. Said Act, as amended, is further amended by adding to section 8 (Section 40-2511, Ga. Ann. Code), a new and additional subsection numbered (8) to read: (8) Any other provisions of law to the contrary notwithstanding, should any employee, or his employer, or the designated reporting official, so covered within the provisions of this Act fail to properly report such employment, membership, and contributions as required by this Act, the Board of Trustees, after having exhausted all administrative efforts to obtain such reports, and contributions, are authorized to and shall declare null and void any and all benefits which may have otherwise accrued to the employee, to his employer or to the designated reporting official, had proper reports and contributions been made, such individuals shall no longer be members nor henceforth be considered as eligible for membership, provided further; however, those contributions which may have been previously credited to the individuals annuity savings fund shall be forthwith refunded. Failure of departments to cooperate. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8. That this Act shall take effect immediately upon its passage and approval by the Governor. Effective date. Approved March 16, 1961.

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STATE EMPLOYEE HEALTH INSURANCE PLAN ACT. No. 154 (House Bill No. 514). An Act to authorize the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia; to define the terms used in this Act; to provide for the contents of such Health Insurance Plan and persons eligible to participate in such plan; to provide for exclusion from such plan; to authorize the Board to execute contracts to provide benefits under such plan; to authorize the establishment of a self-insurance plan; to authorize the inclusion of retiring State employees and dependents of State employees and retiring State employees of such plan; to provide for the payment of benefits under such plan; to provide for a health insurance fund and contributions thereto; to provide for the financing of the health insurance plan; to authorize the Board to adopt and promulgate the rules and regulations for the administration of such plan; to provide an effective date; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by Authority of the same that: Section 1. For the purposes of this Act, an employee is defined as a person who works full-time for the State and receives his compensation in a direct payment from a department, agency, or institution of the State Government, and annuitants who at the time of their retirement met these criteria and draw a monthly benefit from the Employees Retirement System of Georgia. Employee defined. Section 2. As used in this Act the term Board shall mean the State Personnel Board. Board defined. Section 3. The State Personnel Board is hereby empowered and authorized to establish a health insurance plan for employees of the State of Georgia, to adopt and promulgate rules and regulations for its administration,

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subject to the limitations contained in this Act, which may provide for group hospitalization, surgical and medical insurance against the financial costs of hospitalization, surgery, medical treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital in-patient and out-patient service benefits, and medical expense indemnity benefits, including major medical benefits. Health insurance authorized. Section 4. Such health insurance shall not include expenses incurred by or on account of an individual prior to the effective date of the plan as to him; dental care and treatment, except dental surgery and appliances to the extent necessary for the correction of damage caused by accidental injury while covered by the plan, or as a direct result of disease covered by the plan; eye glasses, hearing aids and examinations for the prescription or fitting thereof; cosmetic surgery or treatment except to the extent necessary for correction of damage caused by accidental injury while covered by the plan or as a direct result of disease covered by the plan; services received in a hospital owned or operated by the United States Government for which no charge is made; services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan, in which the state participates in the cost thereof, and such other expenses as may be excluded by regulations of the board. Exclusions. Section 5. The health insurance plan shall be designed by the State Personnel Board (1) to provide a reasonable relationship between the hospital, surgical and medical benefits to be included, and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents, and (2) to include reasonable controls, which may include deductible and reinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the

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various hospital, surgical and medical services to be provided and to provide reasonable assurance of stability in future years of the plan. Intent. Section 6. Said Board is hereby authorized to execute a contract or contracts to provide the benefits under the plan of health insurance benefits determined upon in accordance with the provisions of this Act. Such contract or contracts may be executed with one or more corporations licensed to transact accident and health insurance business in this state. All of the benefits to be provided under this Act may be included under one or more similar contracts, or the benefits may be classified into different types with each type included under one or more similar contracts issued by the same or different companies. A reasonable time before entering into any insurance contract hereunder said Board shall invite proposals from such qualified insurers as in the opinion of the Board would desire to accept any part of the insurance coverage authorized by this Act. Contracts. Said Board may arrange with any corporation licensed to transact accident and health insurance business in this state issuing any such contract to reinsure portions of such contract with any other such corporation which elected to be a reinsurer and is legally competent to enter into a reinsurance agreement. The Board may designate one or more of such corporations as the administering corporation or corporations. Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the corporation or corporations issuing such contract or contracts would otherwise issue. The corporation eligible to participate as reinsurers, and the amount of coverage under the contract or contracts to be allocated to each issuing corporation or reinsurer, may be redetermined by the Board for and in advance of any

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contract year after the first year and with any modifications thereof it deems appropriate to carry out the intent of such subdivision, subject to such limitations as set forth in this Act. The Board may at the end of any contract year discontinue any contract or contracts it has executed with any corporation or corporations and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of this section or may in its discretion establish a self-insured plan in whole or in part. Reinsurance. Section 7. The contract or contracts shall provide for health insurance for retiring state employees and their spouses and dependent children as defined by the regulations of the Board, on such terms as the Board may deem appropriate, and the Board may authorize the inclusion in the plan of the employees and retiring employees of state authorities covered by the Employees' Retirement System of Georgia and their spouses and dependent children, as defined by the regulations of the Board. Any state authority participating in the plan shall be required to pay the same rate of contribution paid by the state. The Board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the plan. Retiring employees. Section 8. Each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the Board, included in the coverage upon agreeing to pay his contribution to the cost of such coverage for such dependents. The Board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents. Dependents. Section 9. Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the Board. Benefits.

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Section 10. There is hereby created a health insurance fund which shall be available without fiscal year limitation for premium, subscription charge, benefits, and administration costs. The amounts withheld from employees and retired employees under this Act, all amounts contributed by the state or from Federal Funds to such health insurance fund, and all amounts contributed by any state authority, pursuant to this Act shall be credited to such health insurance fund. All other income as well as the income derived from any dividends, premium rate adjustments or other refunds under any such contract or contracts shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The Merit System Director shall be custodian of such health insurance fund, and shall be responsible under a properly approved bond for all monies coming into said fund, and paid out of said fund as may be required to be paid to any contracting corporation under any contract entered into pursuant to the provisions of this Act, and to cover administrative costs. Health insurance fund. Section 11. During any period in which an employee is covered under this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as amy be established by the Board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The various department, boards and agencies of the State Government shall contribute to this health insurance fund such portions of the costs of such benefits as may be established by the State Personnel Board as funds become available in each department, board and/or agency not exceeding the sum of two per centum

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of the total outlay for personal services in addition to an amount to be established by the Board to defray the cost of administration and the states' portion of the cost of benefits payable for annuitants. Employee payments. Employer payments. Section 12. The Board shall promulgate such rules and regulations as may be required for the effective administration of this Act. Rules. Section 13. If any clause, sentence, paragraph, subdivision or section or part of this Act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Act directly involved in the controversy in which such judgment shall have been rendered. Severability. Section 14. On or before June 1st of each year, the State Merit System Director shall certify to the director or chief administrative officer of each State department, bureau, institution, board, commission or authority having employees covered by this Act the amount of percentage adopted by the Board as employer payments for the ensuing fiscal year and they shall, in their annual budget, make provisions for funds with which to pay the Board the required employer payments. Budgets. Section 15. (a) This Act shall take effect January 1, 1962; on said date, or as soon thereafter as the Board shall determine herein defined as the employer commencement date, the State Merit System Director shall notify all employers that the employer payments will commence on said date. The Merit System Director shall also notify all employers and the employers shall notify the employees, that employee payments will commence on a date which shall be not later than three calendar months following the employer commencement date. The date as established by the Board with reference to the employee payments shall be herein defined as the employee commencement date. Upon establishment of the employer commencement date, the provisions of

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this Act with reference to such payments will go into effect. In determining the commencement dates, the Board shall be governed by the money made available by the State to carry this Act into effect. Effective dates. (b) All persons who become State employees as defined in this Act, on or after the employer commencement date, and who are eligible as specified by Rules and Regulations of the Board, shall, as a condition of their employment become members of this health insurance program; except, that any employee in State service prior to the employer commencement date, who is otherwise eligible in accordance with Rules and Regulations of the Board, shall have an option to elect coverage in this program, and no coverage shall be or become available for anyone rejecting such coverage. Employees covered. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1961. OFFICE OF CORONER IN COUNTIES OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 POPULATION. Code 21-105 Amended. No. 156 (House Bill No. 571). An Act to amend section 21-105 of the Code of Georgia of 1933 so as to provide that coroners in counties having a population of not less than 250,000 and not more than 500,000 according to the United State Census of 1960, or any future United States census, shall receive a salary in lieu of the fees allowed by law for holding inquests; to provide for the manner in which such salary shall be fixed; to create the position and employment of a deputy coroner in said counties; to define the duties and compensation of said deputy

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coroner; and to provide authorization for the commissioner or board of commissioners of roads and revenues, or other authority having in charge the fiscal affairs of such counties to provide secretarial, clerical or other services or assistance for the office of the coroner in such counties; to repeal an Act approved March 4, 1955, Ga. L. 1955, 426, amending section 21-105 of the Code of Georgia of 1933, so as to provide that coroners in counties having a population of not less than 120,000 and not more than 145,000, according to the United States census of 1950, or any future United States census, shall receive a salary in lieu of the fees allowed by law for holding inquests and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 21-105 of the Code of Georgia of 1933 be, and the same is hereby amended, by adding to said section the following words: In all counties of this State having a population of not less than 250,000, and not more than 500,000, according to the United States census of 1960, or any future United States census, the coroner shall receive an annual salary, payable monthly out of the county treasury, in lieu of the fees allowed a coroner by law for holding inquests. Said salary shall be in sum of not less than six thousand ($6000.00) dollars per annum. Salary. Section 2. In all such counties there shall be created the position of deputy coroner. The deputy coroner shall be employed by the coroner and shall hold office at the pleasure or direction of the coroner. It shall be the duty of said deputy coroner to assist the coroner in the performance of the duties of the coroner as prescribed by the laws of Georgia pertaining to the duties of the coroners of this state, and the said deputy coroner, shall, when in the performance of said duties have the same authority to act as the coroner. The said deputy coroner shall receive an annual salary of not less than twelve

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hundred ($1200.00) dollars, payable monthly out of the county treasury, and said deputy coroner shall receive no other fees for the performance of his duties, and said salary shall thereafter be fixed by the commissioner or board of commissioners of roads and reevnues, or other authority having in charge the fiscal affairs of such counties. Deputy coroner. Section 3. In all such counties the commissioner or board of commissioners of roads and revenues, or other authority having in charge the fiscal affairs of such counties shall be authorized to provide and furnish secretarial, clerical, or other services, or assistance for the office of the coroner. Clerical help. Section 4. This Act shall become effective and of force upon its passage and approval by the Governor. Effective date. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed, and that an Act approved March 4, 1955 (Ga. L. 1955, p. 426) providing a salary in lieu of fees for coroners in counties having a population of not less than 120,000 and not more than 145,000, according to the United States census of 1950, or any future United States census, be, and the same is hereby expressly repealed. 1955 Act repealed. Section 6. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that

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he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being (December 22, December 29, 1960 and January 5, 1961). The DeKalb New Era /s/ W. H. McWhorter Managing-Editor. Sworn to and subscribed before me, this 30 day of January, 1961. /s/ Carl E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 23, 1963. (Seal). Notice of Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the January 1961 Session of the General Assembly of Georgia, the title of which bill or bills to be as follows: An Act to amend section 21-105 of the Code of Georgia of 1933 as amended, so as to provide the manner in which the salary of the Coroner of DeKalb County shall be paid, and to set the compensation of said Coroner, and to repeal an Act approved March 4, 1955; to provide for the position and employment of a Deputy Coroner, to prescribe the duties and compensation of said Deputy Coroner; to provide for the employment of clerical and

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other assistance in the Coroner's office, and for other purposes. This 16th day of December, 1960. /s/ E. C. Harvey, Jr., Coroner DeKalb County, Georgia 12-22-3t. Approved March 16, 1961. FISHING ON THE SABBATH. Code 26-6908 Amended. No. 157 (House Bill No. 591). An Act to amend Code section 26-6908, relating to fishing on the Sabbath, so as to provide that it shall only be unlawful to engage in commercial fishing on the Sabbath; to provide for a penalty; to except certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-6908, which reads as follows: 26-6908. Any person who shall fish or attempt to catch any kind of fish with hook and line, nets, gigs, or by any other manner or means, in any of the waters or streams within the State on the Sabbath Day, shall be guilty of a misdemeanor. is hereby amended by striking the language thereof and inserting in lieu thereof new language, to read as follows: 26-6908. Any person who shall fish or attempt to catch any kind of fish by employing any equipment or method which requires the sanction of any commercial

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fishing license on the Sabbath day shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Section 1A. This Act shall not become effective in and shall not apply to any county in this State having a population of not less than 6,515 and not more than 6,650 according to the United States Census of 1960 or any future such census. Not applicable in certain counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1961. EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDSURVIVOR BENEFITS No. 159 (Senate Bill No. 34). An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 323), so as to provide for the stability of survivor benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 323), is hereby amended by striking paragraph (d) of subsection (5) of section 17, which reads as follows, in its entirety: (d) If within a period of twelve months after release of any notice provided for in Paragraph (b) of this subsection the board of trustees has not released a subsequent

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notice under provisions of paragraph (c) of this subsection, then all provisions of this section 17 shall be null and void and additional contributions provided for herein shall cease. Section 2. Said Act is further amended by adding a new subsection to section 17 to be known as subsection (7) to read as follows: (7) Any other provisions of this Act or of any rules or regulations to the contrary notwithstanding, in the event a member retires, he may continue paying the amount provided under this section which he was paying at the time of retirement and the benefits provided for under this section shall remain fixed at the same amount as they would have been had he died on the day immediately preceding his retirement. The Board is hereby authorized to promulgate rules and regulations to cover the foregoing. Section 3. Said Act is further amended by adding a new subsection to section 17 to be known as subsection (8) to read as follows: (8) Any other provisions of this Act or of any rules or regulations to the contrary notwithstanding, any member who withdraws from service prior to attaining age 60 but whose right to a service retirement allowance has vested under paragraph 10 of section 5 of this Act, may continue paying the amount provided under this section which he was paying at the time of his withdrawal from service, together with the amount of the employer contribution in effect at the time of his withdrawal, and the benefits provided for under this section shall remain fixed at the same amount as they would have been had he died on the day immediately preceding his withdrawal. The Board is hereby authorized to promulgate rules and regulations to cover the foregoing. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1961.

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TAXATIONPAYMENT ON REAL PROPERTY TAXES, RELEASE OF TAX LIENS. Code 92-5713 Enacted. No. 160 (Senate Bill No. 63). An Act to amend Code Chapter 92-57, containing miscellaneous provisions relating to the return, assessment, and collection of taxes, so as to add a new Code section thereto to be known as Code section 92-5713; to provide for the payment of real property taxes by the owner or any transferee on one or more tracts of property; to provide for the release of tax liens; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-57, containing miscellaneous provisions relating to the return, assessment, and collection of taxes, is hereby amended by adding a new Code section to be known as Code section 92-5713 and to read as follows: 92-5713. The owner of any real property located in this State, and the transferee of every owner who shall acquire title to real property within this State between the date on which the tax lien on such property vests and the date on which the tax evidenced by such tax lien shall become due and payable, shall have the right to pay the taxes assessed against any one or more lots, tracts or parcels of such real property, (a) by paying the amount of tax charged to such lot, tract, or parcel, if such property were separately returned by the owner, or in the case of a transfer, by the transferor thereof; or (b) if such property were not separately returned, by paying that percentage of the total tax assessed which the value of the property sought to be released bears to the value of all the property returned by the owner of such property as of the date on which such tax lien vested. The officers charged with the collection of taxes

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for this State and any subdivision thereof, (including municipalities and counties) and including any transferee of said tax lien, shall accept payment of the taxes assessed against one or more lots, tracts or parcels of real property upon tender by the owner thereof, including any transferee of such real property who shall have obtained title thereto between the time when such lien vested and the time on which such taxes are payable, and shall execute a release as to such property without regard to whether or not the taxes assessed against any other property, real or personal, of such owner or the transferee of such real property or the transferor of such owner have been paid; the official or transferee of said tax lien accepting said payment and releasing said property shall be paid a fee of two ($2.00) dollars for issuing said receipt and release; provided, however, that no such officer or transferee of said tax lien shall be required to release any one or more tracts of real property after a fi. fa. has been recorded on the General Execution Docket in the county where such property is situated, without also receiving the entire amount of past due taxes as reflected in said fi. fa., and provided further that no such officer or transferee of said tax lien shall be required to release the last or only remaining lot, parcel or tract of real property until all personal property taxes owned by said owner have been paid. Code 92-5713 Enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1961. USE OF RADAR OR TIMING DEVICES ON HIGHWAYS. No. 162 (Senate Bill No. 162). An Act to provide that no law enforcement officers except the Georgia State Highway Patrol shall be allowed the use of timing devices or radar equipment to enforce safety regulations on highways and roads in

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Georgia; to provide that said Act shall not apply within the limits of any incorporated municipality of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No law enforcement officers in the State of Georgia shall be allowed the use of timing devices or radar equipment to enforce safety regulations on highways and roads in Georgia. Use prohibited. Section 2. The provisions in the above section shall not apply to members of the Georgia State Highway Patrol. Exceptions. Section 2A. The provisions of this Act shall not apply within limits of incorporated municipalities. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1961. VOTERS' REGISTRATION ACT OF 1958 AMENDEDREGISTRATION OFFICES IN COUNTIES OF OVER 500,000 POPULATION. No. 163 (Senate Bill No. 21). An Act to amend Section 4 of the Voters' Registration Act of 1958, approved March 25, 1958, (Ga. L. 1958, pp. 269 et seq.), so as to provide for places of registration in counties having a population of more than 500,000, according to the last or any future Federal decennial census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 4 of the Voters' Registration Act of 1958, approved March 25, 1958, (Ga. L. 1958, pp. 269

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et seq.), be and the same is hereby amended by adding thereto a new section to be designated as Section 4-A to read as follows: Section 4-A. Notwithstanding any other provisions of this Act as amended, all counties of the State having a population of more than 500,000 according to the last or any future Federal decennial census, the registration authorities of such counties shall maintain a separate office in the county courthouse for the transaction of all matters contemplated in this Act as amended. In addition thereto, the governing authorities of such counties shall designate the city hall of any municipality within such county, other than the county seat, as the place or places for the registration of voters. Any combination of any three of the registrars or deputy registrars or other registration authorities when so designated or directed by the chief registration authority or chief registrar shall receive applications, conduct examinations and otherwise provided for the registration of voters at such city hall or city halls and shall constitute among themselves a board of registrars while so acting, with all the rights and powers and subject to the same limitations as provided for boards of registrars elsewhere in this Act amended. For the purpose of purging registration lists, the clerk of the superior court of any such county shall furnish to the chief registrar a list of all persons convicted of any felony. Offices in certain counties. Purging list. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1961.

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VOTERS REGISTRATION ACT OF 1958 AMENDEDREGISTRARS IN COUNTIES OF OVER 500,000 POPULATION. No. 164 (Senate Bill No. 22). An Act to amend the Voters Registration Act approved March 25, 1958 (Ga. L. 1958, pp. 269 et seq.), as amended, so as to repeal section 4 of said Act and provide in lieu thereof for registrars in counties having a population of more than 500,000, according to the last or any future Federal Decennial Census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, approved March 25, 1958, (Ga. L. 1958, pp. 269 et seq.), as amended, is hereby further amended by striking therefrom section 4 relating to and providing a system for registration in counties of this State having a population of more than 400,000 according to the last or any future Federal Decennial Census and by inserting in lieu thereof a new section 4 to read as follows: Section 4. Any other provisions of this law to the contrary notwithstanding, in any county of this State having a population of more than 500,000, according to the 1960 United States Census or any such future census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the Superior Court. The appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar, who shall serve as such during his term of office. Such designation shall likewise be entered on the minutes of the governing authority. It shall be the duty of the governing authority to certify the appointments and designation to the Secretary of State within thirty days after such appointments and designation. In

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certifying such names to the Secretary of State, the governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority of the county. The governing authority of the county shall have the right to remove one or more of said registrars at any time, for cause, after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of such removal or resignation of any registrar, his duties and authority as such shall terminate instanter. Successors shall be appointed by the governing authority. Each appointment or change in designation shall be entered on the minutes of the governing authority and certified as herein provided. The first appointments in any such county shall be made in the year 1961 and the persons appointed shall assume office January 1, 1962. The persons presently serving as registrars in any such county shall continue to serve through December 31, 1961. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registrars. Appointment of Registrars. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1961. TALLAPOOSA JUDICIAL CIRCUITEXPENSE ALLOWANCE OF ASSISTANT SOLICITOR-GENERAL. No. 165 (Senate Bill No. 137). An Act to amend an Act creating the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, approved March 7, 1955 (Ga. L. 1955, p. 3157), so as to provide for a monthly expense allowance for such

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assistant solicitor-general; to provide the manner in which said expense allowance shall be paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Assistant Solicitor-General of the Tallapoosa Judicial Circuit, approved March 7, 1955 (Ga. L. 1955, p. 3157), is hereby amended by adding at the end of section 5 of said Act the following new paragraph: Provided further, and in addition to the above, the Assistant Solicitor-General of the Tallapoosa Judicial Circuit shall be paid a two hundred ($200.) dollar per month expense allowance. Said expense allowance shall be paid equally out of the general treasuries of the various counties of said circuit. It shall be the duty, and is hereby made the duty of the ordinary, county commissioner or commissioners, or other authorities having control of county matters in said counties in said judicial circuit, to cause the part or portion of said expense allowance so assessed each of said counties to be paid to said assistant solicitor-general on the first day of each month, and regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioner or other authorities having control of county matters to annually make provisions, when levying and collecting taxes for expenses for court, for the levying and collection of sufficient taxes in their respective counties as hereinbefore set forth, for the purpose of paying the portion of said expense allowance chargeable against their respective counties; and the power to levy taxes for such purposes is hereby delegated to and conferred upon said counties., so that when so amended section 5 of said Act shall read as follows: Section 5. That the compensation paid to said assistant solicitor-general shall be paid by the solicitor-general of said circuit and in no event shall the counties comprising the Tallapoosa Judicial Circuit be required

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to pay any part of the salary or compensation of such assistant solicitor-general of said circuit. Provided further, and in addition to the above, the Assistant Solicitor-General of the Tallapoosa Judicial Circuit shall be paid a two hundred ($200) dollar per month expense allowance. Said expense allowance shall be paid equally out of the general treasuries of the various counties of said circuit. It shall be the duty, and is hereby made the duty, of the ordinary, county commissioner or commissioners, or other authorities having control of county matters in said counties in said judicial circuit, to cause the part or portion of said expense allowance so assessed each of said counties to be paid to said assistant solicitor-general on the first day of each month, and regular warrants issued therefor; and it is further made the duty of said ordinaries, county commissioner or other authorities having control of county matters to annually make provisions, when levying and collecting taxes for expenses of court, for the levying and collection of sufficient taxes in their respective counties as hereinbefore set forth, for the purpose of paying the portion of said expense allowance chargeable against their respective counties; and the power to levy taxes for such purposes is hereby delegated to and conferred upon such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1961.

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VALIDATION OF BONDS BY COUNTIES, MUNICIPALITIES, ETC. Code 87-301, 87-302 Amended. No. 167 (House Bill No. 544). An Act to amend Code Chapter 87-3, relating to the validation of bonds by county, municipal, or other political subdivisions, as amended, so as to provide for the procedure to be followed when said bond issues are authorized by resolution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 87-3, relating to the validation of bonds by county, municipal, or other political subdivisions, as amended, is hereby amended by striking in its entirety Code section 87-301, relating to the notice to the solicitor-general of the results of elections held for the purpose of proving the issuance of county, municipal, or other political subdivision bonds, as amended, and substituting in lieu thereof a new Code section 87-301 to read as follows: 87-301 . When any county, municipality, or political subdivision, desiring to incur any bonded debt, as prescribed in Paragraphs I, II, and III of Section VII, Article VII, of the Constitution (Sects. 2-6001 to 2-6003) shall hold an election ((or shall pass a resolution) in accordance with the provisions of the Constitution and laws of this State controlling and regulating such elections (or the passage of such resolutions) and the returns of such election (or resolution) shall show prima facie that such election (or resolution) is in favor of the issuance of said bonds, the officer or officers of such county, municipality, or political subdivision charged by law with the duty of declaring the result of said election (or resolution) shall, within six (6) months after so declaring the result of said election (or of the passage of said resolution) notify the Solicitor General of the judicial circuit

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in which such county, municipality, or political subdivision shall be, in writing, of the fact that an election was held (or that a resolution was passed) and that the election (or resolution) was in favor of the issuance of such bonds. The service of such notice shall be personal upon the solicitor-general, but in the event he is absent from the circuit, it shall be served in person upon the Attorney General. Procedure, notice, etc. Section 2. Said Chapter is further amended by striking in its entirety Code section 87-302, relating to the duties of the solicitor-general or Attorney General when notices of such bond issues are filed, as amended, and substituting in lieu thereof a new Code section 87-302 and to read as follows: 87-302. Duty of Attorney General or solicitor-general to file petition; order of court; answer .Within 20 days from the date of the service of the required notice upon the solicitor-general, or the Attorney General, as the case may be, of the fact that an election was held or a resolution passed and that the election or resolution was in favor of the issuance of the bonds, the solicitor-general or the Attorney General, as the case may be, shall prepare and file in the office of the clerk of the superior court of the county in which the election was held or resolution passed, a petition, directed to the superior court of said county, in the name of the State, and against the county, municipality or division desiring to issue bonds under said election or a resolution, setting forth the service of said notice, the name of the county, municipality or division seeking to issue said bonds, the principal amount of the bonds to be issued, the purpose for which the same are issued, the interest rate or rates which such bonds are to bear and the amount of principal to be paid in each year during the life of the bonds, and that said election or resolution is prima facie in favor of the issuance of said bonds: Provided, however, said petition, in lieu of specifying the rate or rates of interest which said bonds are to bear, may set forth the wording which was used with respect to interest in the notice which was published calling the election to authorize

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the issuance of the bonds; and shall obtain from the judge of said court an order requiring the county, municipality or division by its proper officers to appear at such time and place, either in term or at chambers, within 20 days from the filing of the petition, as the judge of the court may direct, and to show cause, if any exist, why the bonds should not be confirmed and validated. Such petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities or divisions; and to such petition the officers of such county, municipality or division shall make sworn answers at or before the date set in said order for said hearing. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1961. MEDICAL ASSISTANCE FOR THE AGED ACT. No. 168 (Senate Bill No. 32). An Act to be known as The Medical Assistance for the Aged Act; to state the legislative intent that benefit recipients under this Act shall have the absolute right of freedom of choice of providers of medical care; to provide for certain definitions; to delegate to the State Department of Public Welfare the responsibility of administering this Act; to grant the State Department of Public Welfare rule and regulation promulgation authority in accordance with established criteria; to provide for cost apportionment between the State Department of Public Welfare and the County Welfare Departments; to permit the State Department of Public Welfare to contract with the State Department of Public Health in order to effectuate the purposes of this Act; to grant the State Department of Public Welfare the power to contract in order to effectuate the purposes of this Act; to delegate advisory functions

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to the Council for Construction, Licensure, and Indigent Care; to establish a procedure for determining the scope of medical care to be provided; to establish guide lines for vendor payment of benefits rendered recipients; to prohibit the perfection of liens against the property of recipients on account of benefits received pursuant to this Act; to provide for the recovery of incorrectly paid benefits; to provide penalties for violations of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as The Medical Assistance for the Aged Act. Title. Section 2. Any person eligible to receive authorized medical care, services, and supplies as provided herein shall have the absolute right of freedom of choice in selecting any provider who is duly authorized under the provisions hereof to provide such care, services, and supplies. Freedom of choice. Section 3. As used in this Act, unless the context clearly requires a different meaning: (a) Medical Care means essential medical, surgical, chiropractic, osteopathic, podiatric, optometric, dental, and nursing services, in the home, office, clinic, or other suitable place, which are provided or prescribed by physicians or dentists licensed to render such service, including drugs and medical supplies, appliances, laboratory, diagnostic and therapeutic services, nursing home and convalescent care, in patient hospital care, and such other essential medical services and supplies as enumerated in section 8 (a) (1) through (12) as may be prescribed by such persons; Definitions. (b) Council means the Hospital Advisory Council for Construction, Licensure, and Indigent Care, created by an Act which abolished the Hospital Care Council and the Hospital Advisory Committee and created the

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Hospital Advisory Council for Construction, Licensure, and Indigent Care, approved March 17, 1960 (Ga. L. 1960, p. 884); (c) Dentist means a person authorized to practice dentistry under the laws of Georgia; (d) Nurses means persons authorized to practice nursing under the laws of Georgia; (e) Nursing home means a home licensed as such pursuant to the laws of Georgia; (f) Hospital means a hospital which has been issued a current licensure permit, either annual or provisional, pursuant to the laws of Georgia; (g) Pharmacist means a person authorized to practice pharmacy under the laws of Georgia; (h) Physician, for the purposes of this Act only, means a person authorized to render those aspects of medical care services which he is authorized to render under the laws of Georgia. (i) Public assistance recipient means a person who has been certified by the County Department of Public Welfare as being eligible for, and a recipient of, public assistance under the provisions of Old-Age Assistance Act, approved February 26, 1937 (Ga. L. 1937, p. 311), as amended. (j) Recipient of medical assistance for the aged means an aged person who is sixty-five (65) years of age and over, and who resides in this State (within the meaning of regulations issued by the Director of the State Department of Public Welfare in conformity with federal requirements), and who is unable through his own income and resources to provide himself with essential medical care without depriving himself of necessary food, shelter, clothing, or other necessities of life and who does not fall within the definition of public assistance

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recipient as defined in section 3(i) of this Act and has been certified by the County Department of Public Welfare as meeting the requirements of need. (k) Recipient means a person who is either a public assistance recipient as defined in section 3(i) of this Act or a recipient of medical assistance for the aged. (l) Vendor payment means a payment for medical care which is paid by the State Department of Public Welfare directly to an authorized person or institution which rendered medical care to a recipient of medical care. (m) Director means Director of the State Department of Public Welfare. (n) Welfare Department means the State Department of Public Welfare. (o) Health Department means the State Department of Public Health. (p) Political subdivision, for the purposes of this Act only, means any present or future political, municipal, or administrative division of the State of Georgia. Section 4. (a) This Act shall be administered by the Welfare Department. The Director of the Welfare Department shall have authority to issue such rules and regulations as may be necessary to properly administer this Act and to comply with the requirements of Public Law 86-778, known as the Social Security Amendments of 1960, and any future amendment thereto. Administration of Act. (b) The rules and regulations promulgated by the Director pursuant to the authority granted in section 4(a) shall be in effect in all political subdivisions of the State and mandatory upon any department or agency of the State, county, or municipal governments administering said regulations, or upon any person, partnership, or corporation,

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public or private, which may by contract with the Welfare Department or its duly authorized agents administer said regulations. The Director shall insure that such rules and regulations provide for: Rules. (1) Methods of administration necessary for the proper and efficient operation of the State plan for implementation of this Act. (2) Reasonable standards for determining eligibility for and the extent of such assistance, to include: (A) Reasonably prompt granting of assistance to eligible persons who have submitted an application. (B) Exclusion from eligibility of any person who is an inmate of the public institution (except as a patient in a medical institution) or any person who is a patient in an institution for tuberculosis or mental diseases, or any person who is a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis with respect to any period after said person has been a patient in such an institution, as a result of such diagnosis, for forty-two (42) days. (C) Consideration of the income and resources of an applicant for medical care benefits, including consideration of eligibility for medical care under any other program and consideration of the legal obligation of contractors, public or private, to provide the person medical care. (D) Exclusion of any recipient from participation in medical care benefits provided for by this Act to the extent he is otherwise eligible for medical care as defined herein under any other program or through the legal obligation of a contractor, public or private, to pay or provide for such care. (E) Periodic review of recipients income and resources for possible adjustment of the amount of assistance.

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(F) An opportunity for a fair hearing to any person whose claim for assistance under this Act is denied, not acted upon with reasonable promptness, or unfavorably adjusted. (3) Safeguards which restrict the use or disclosure of information concerning applicants and recipients of medical care benefits under this Act to purposes directly connected with the administration of this Act. (4) Furnishing recipients of medical assistance for the aged with: (A) Some institutional and noninstitutional care. (B) Medical care while said recipient is sojourning out of this State. (c) The State shall reimburse the Counties to the extent of ninety-five (95) per cent of the administrative expenses of this Act, subject to budgetary limitations. The State shall pay the total cost of all benefits payable under this Act. For the purposes of this Act, administrative expenses shall mean the salaries and travel expenses of the employees of the staff of the County Welfare Department engaged in the performance of services necessary to effectuate this Act. Expenses. Section 5. (a) The Welfare Department shall be authorized to contract with the Health Department for the latter to act as agent of the former in arranging for the provision of medical care and services or for agreements with suppliers or for arrangements as to payments to suppliers of said medical care and services. Any such contract or agreement with the Health Department shall include provisions whereby the said Health Department shall furnish to the Welfare Department all data needed by the latter for program planning, evaluation, and reporting purposes and the said Health Department will take such steps as may be necessary to assure that all operations under said contract meet all requirements of

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Public Law 86-778 (Social Security Amendments of 1960) and all future amendments thereto, as well as the regulations promulgated pursuant thereto. Medical care contracts. (b) The Welfare Department shall retain all responsibility relating to the certification of eligibility of all recipients, fiscal matters, and general responsibility for the administration of this Act, but shall be authorized to contract with the Health Department for the purpose of carrying out the medical care aspects of the program, which aspects shall include but not be limited to the operation functions of certifying the need of recipients for medical care, issuing authorizations for provisions of medical care, certifying the provision of medical care in accordance with authorizations issued and in accordance with quantity and quality standards as established, developing and maintaining a manual of policies and procedures for the operation of the medical care aspects of the program, developing bases of payment for medical care, and certifying vendor billings for compliance with bases of payment as established consistent with the provisions of subsection (a) above. Responsibility of Welfare Department. Section 6. The Welfare Department or its duly authorized agents shall have authority to negotiate and contract with any appropriate department or agency of the State, county, or municipal governments or any person, partnership, or corporation, public or private, in any manner proper for carrying out the purpose of this Act. Contracts. Section 7. The Council shall advise the Welfare Department and Health Department as to policies, plans, budgets, programs, and rules and regulations and may develop and formulate recommendations relating to: Council. (a) The supervision and administration of this Act; (b) The scope of medical care for which the Welfare Department should undertake to pay; (c) Quantity and quality standards and methods for

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determining costs for vendor payment and eligible vendors for medical care services, taking into consideration insurance and other financial resources available to recipients; (d) Limitations, duration, and frequency of medical care for which vendor payments for medical care services should be made; (e) Grants, gifts, and contributions from the Federal Government, or from other sources, for the purpose of carrying out the intent and purposes of this Act; (f) A federal-state medical care fund from funds appropriated from time to time by the General Assembly for medical assistance recipients; (g) The conducting of studies, research, demonstrations, and surveys to carry out the purposes of this Act. (h) Agreements and contracts for the administration of this Act. (i) The periodic evaluation of the program and publication of reports thereof; (j) The formulation of such modifications, expensions, or contractions of the program as may be desirable or necessary. Section 8. (a) The scope of medical care in behalf of public assistance recipients and recipients of medical care for the aged for which the Welfare Department undertakes to pay shall be designated and limited by regulations promulgated by said Department, pursuant to the provisions hereof. The selection of the class or classes of medical care shall be recommended by the Council to the Director of Welfare Department after taking into consideration, among other things, the amount of federal and state funds available, the most essential needs of public assistance recipients and recipients of medical care for the aged and the meeting of such

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need on a basis insuring the greatest amount of medical care as defined in section 3(a) consonant with the funds available including but not limited to the following categories: Scope of medical care. (1) Inpatient hospital services; (2) Skilled nursing-home services; (3) Physicians' services; (4) Outpatient hospital or clinic services; (5) Home health care services; (6) Private duty nursing services; (7) Physical therapy and related services; (8) Dental services; (9) Laboratory and X-ray services; (10) Prescribed drugs, eyeglasses, denture, and prosthetic devices; (11) Diagnostic, screening, and preventive services; and (12) Any other medical care or remedial care recognized under the laws of Georgia. (b) Payment for hospital care, nursing home care, and drugs or other medical and dental supplies shall be on bases which relate the amount of the payment to the cost of providing such services or supplies. (c) No vendor payment shall be made unless the class and type of medical care rendered and the cost bases therefor has first been designated by regulation. (d) The range of medical care benefit standards provided and the quantity and quality standards and the

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methods for determining cost formulae for vendor payments shall be uniform for the entire State and designated by regulation. The amount of payments for units of services need not be uniform for the entire State but may vary from county to county and from city to city, as well as among hospitals, based on the prevailing cost of medical care in such locale and other local economic and geoographic conditions. Section 9. No lien may be imposed against the property of any recipient on account of medical care benefits paid or to be paid on his behalf under this Act, except that the Director of the Welfare Department may recover from any recipient the value of benefits incorrectly paid on behalf of such recipient. Liens. Section 10. Any person knowingly obtaining or attempting to obtain, or who aids or abets any other person to obtain or attempt to obtain by means of wilfully false statement, representation, impersonation, or failure to disclose a material fact, or other fraudulent device, any benefits provided by this Act relating to medical assistance for the aged, to which he is not lawfully entitled, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law for a misdemeanor. Crimes. Each false statement, representation, failure, or violation, and each benefit payment made in reliance on such false statement, representation, failure, shall constitute a separate offense. Section 11. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 28, 1961.

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INCOME TAXEXEMPTION OF INCOME OF REAL ESTATE INVESTMENT TRUSTS. Code 92-3105 Amended. No. 177 (House Bill No. 255). An Act to amend section 92-3105 of the Code of Georgia, as amended, specifying corporations and organizations exempt from State income tax, so as to provide an additional exemption for real estate investment trusts, to the extent the net income of such trusts is exempt from federal income tax; to provide that such exemption shall be effective with respect to taxable years beginning after December 31, 1960; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-3105 of the Code of Georgia, as amended, specifying those corporations and organizations exempt from State income tax, is hereby amended by inserting a new subparagraph after subparagraph (l) and before the final paragraph of said section, such new subparagraph to be subparagraph (m), providing an additional exemption for real estate investment trusts, to the extent the net income of such trusts is exempt from federal income tax, which shall read as follows: (m) Any `real estate investment trust', as such term is defined in section 856 of the United States Internal Revenue Code of 1954, with respect to a taxable year beginning after December 31, 1960, but such trust shall not be exempt from taxation hereunder as to any portion of its net income which is subject to Federal income taxes. so that when so amended said section shall read as follows: 92-3105. Corporations and organizations exempt from tax .The following organizations shall be exempt from taxation under this law:

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(a) Fraternal beneficiary societies, orders, or associations (1) operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system, and (2) providing for the payment of life, sick, accident, or other benefits to the members of such society, order or association or their dependents. (b) Building and loan associations and cooperative banks without capital stock, organized and operated for mutual purposes and without profit. (c) Cemetery corporations, any community chest, funds, or foundations, organized and operated exclusively for religious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual. (d) Business leagues, chambers of commerce or boards of trade not organized for profit, and not part of the net earnings of which inures to the benefit of any private stockholder or individual. (e) Civic leagues or organizations not organized for profit, but operated exclusively for the promotion of social welfare. (f) Clubs organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any private stockholder or member. (g) Farmers or other mutual hail, cyclone, or fire insurance companies, mutual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations of a purely local character, the income of which consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting expenses. (h) Farmers, fruit-growers, or like organizations organized

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and operated as sales agents for the purpose of marketing the products of members and turning back to them the proceeds of sales, less the necessary selling expenses and on the basis of the quantity of produce furnished by them, and other non-profit agricultural associations organized and operated under the provisions of the cooperative marketing law. (i) Banks and trust companies, including savings banks incorporated under the banking laws of this State or of the United States, doing a general banking business. (j) Insurance companies which pay to the State a tax upon premium income. (k) Trusts exempt from Federal income taxes under Section 165 (a) of the Internal Revenue Code. (l) Any regulated investment company exempt from Federal income taxes under sections 361 ff. of the 1939 Internal Revenue Code, sections 851 ff. of the 1954 Internal Revenue Code, or any amendments thereto, for each year after 1939 in which such company is so exempt. (m) Any `real estate investment trust,' as such term is defined in section 856 of the United States Internal Revenue Code of 1954, with respect to a taxable year beginning after December 31, 1960, but such trust shall not be exempt from taxation hereunder as to any portion of its net income which is subject to Federal income taxes. Provided, however, that no such society, order, association, cooperative, fund, chest, foundation, league, chamber, board, club, company, charitable trust or organization which engages directly or indirectly in competitive commerce with private or public corporations, individuals, partnerships or associations not so exempt, in the marketing of their products or services, shall be so exempt from taxation as to that portion of its net income attributable to such competitive commerce. That portion of its net income shall be deemed attributable to such

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competitive commerce which bears the same ratio to its total net income as its gross income from such competitive commerce bears to its total gross income: Provided, however, cooperatives formed by producers of farm, forest and dairy products for the purpose of selling the products produced by the members of such cooperatives, or obtained from other such farmers cooperatives, shall be exempt from taxation under the law to the extent that its net profits are attributable to the sale of such products. That portion of its net profits shall be deemed attributable to the sale of such products which bears the same ratio to its total net income as the total price of such products paid to its members by such cooperative bears to the gross sales of such cooperative: Provided, further, that incidental or occasional fund raising projects or undertakings by such organizations shall not be deemed to be competitive commerce. Anything in this paragraph to the contrary notwithstanding, any such corporations or organizations for which a specific method of taxation is provided by State laws shall continue to be taxed as heretofore. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. ATLANTA JUDICIAL CIRCUITJUDGES EMERITUS. No. 181 (Senate Bill No. 16). An Act to provide that all judges emeritus, who, prior to becoming such, were judges of the superior court of the Atlanta Judicial Circuit, shall be provided office space in the Court House and adequate secretarial assistance upon request of such Judge Emeritus; that it shall be the duty of the Board of Commissioners of Roads and Revenues of Fulton County to carry out and make effective the provisions of this Act; to repeal all laws and parts of laws in conflict herewith, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that: 1. All judges emeritus, who, prior to becoming such, were judges of the superior court of the Atlanta Judicial Circuit, shall be provided office space in the court house and adequate secretarial assistance upon request of such judge emeritus. Offices and clerical help. Section 2. Be it further enacted that it shall be the duty of the Board of Commissioners of Roads and Revenues of Fulton County to carry out and make effective the provisions of this Act. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of the intention to apply for the passage of this local legislation has been published in the Fulton County Daily Report, the newspaper in which the sheriff's advertisements for the locality are published, once a week for three weeks during the period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit of the publisher to the effect that the said notice has been published as provided by law. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961.

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COMPENSATION OF COMMISSIONER OF LABOR. Code 54-105 Amended. No. 183 (Senate Bill No. 10). An Act to amend an Act entitled An Act to provide for the establishment of the Department of Labor, approved March 25, 1937 (Ga. L. 1937, p. 230 et. seq.), as amended, (Chapter 54-1 Georgia Ann. Code) to provide for the compensation of the Commissioner of Labor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 25, 1937, establishing the Department of Labor of the State of Georgia, and as amended, with respect to the salary of the Commissioner of Labor be and the same is hereby amended by striking therefrom the provision relating to salary and by striking section 54-105 Georgia Ann. Code in its entirety and inserting in lieu thereof a new section 54-105 to read as follows: 54-105 . The Commissioner of Labor shall be compensated in the amount of twelve thousand ($12,000) dollars per annum, payable in semi-monthly installments, with an additional amount of eight hundred ($800) dollars per annum for each four (4) years of service, figured at the beginning of each such period of service, up to twenty (20) years, and an annual contingent expense allowance in the amount of two thousand four hundred ($2400) dollars per annum, payable in semi-monthly installments, in lieu of any and all travel expenses and expenses of purchasing a personal automobile for official use with the exception of actual transportation expenses incurred while traveling by public carrier and the expenses incurred at the legal mileage rate for the use of a personal automobile, except that the Commissioner of Labor shall in addition thereto be entitled to receive from and out of funds derived from a Federal grant to the State such necessary and actual expenses incurred by him while

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away from Atlanta in the performance of his duties as administrator of the Employment Security Law either within or without the State of Georgia; and provided that, in addition thereto, and notwithstanding any other provision of law, the compensation of the Commissioner of Labor shall be augmented from grants by the appropriate Federal Agency in such an amount as is determined by the Federal Agency to be commensurate with the duties imposed by the Employment Security Law, and which shall be considered compensation as salary provided by law. Section 2. The compensation provided herein shall be full compensation of the Commissioner of Labor and shall suspend and remove said officer from the provisions of an Act approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended, relating to the compensation of certain State officers. It is the intent and purpose of this Act to provide the total compensation of said officer under the provisions of this Act, any other provision of law to the contrary notwithstanding. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. DEPARTMENT OF PUBLIC WELFARETRAINING SCHOOLS. No. 184 (Senate Bill No. 115). An Act to authorize the State Department of Public Welfare to establish divisions or branches of the State training schools now or hereafter placed under its jurisdiction, to provide for the location of such divisions or branches, and to provide authority to discontinue to operate any such division or branch of said training schools in its discretion in the administration of the

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overall operation of such schools, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, A. The State Department of Public Welfare is hereb[UNK]y authorized to establish and operate divisions or branches of the Georgia Training School for Girls and the Georgia Training School for Boys for the purpose of providing the improved facilities and method of operation of said schools, and more fully utilizing said schools for the training, education and improvement of the pupils of said schools. Divisions. B. Such divisions or branches hereby authorized may be established upon lands owned or which may hereafter be acquired by the State of Georgia, the exact location of any such division or branch to be designated by the Director of the State Department of Public Welfare by and with the approval of the Budget Bureau. Appropriate improvements for such localities may be made by the State as funds are available or may be made available for such purpose. Locations. C. Any such division or branch now existing or which may hereafter be established may in the future be discontinued in the discretion of the said department of public welfare if desirable in the administration of the overall program for operation of the Georgia Training School for Girls and the Georgia Training School for Boys. Authority to close branches. Section 2. All laws and parts of laws in conflict of the foregoing shall be and are hereby repealed. Approved March 28, 1961.

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INVESTMENTS BY EXECUTORS, ADMINISTRATORS, ETC. Code 113-1518 Amended. No. 185 (Senate Bill No. 29). An Act to amend section 113-1518 of Chapter 113-15 of the Code of Georgia, as amended, relating to investments made by executors, administrators, guardians and trustees so as to provide that a corporate fiduciary may retain the property owned by the estate, including stock or other securities of its own issue, and they may exercise by purchase or otherwise any rights, warrants or commission features attaching to such securities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 113-1518 of Chapter 113-15, relating to investments made by executors, administrators, guardians, and trustees be, and the same is hereby, amended by striking the same in its entirety and substituting in lieu thereof a new section, to be numbered Section 113-1518, which, when amended, shall read as follows: 113-1518. Investment in State bonds and other securities; insured deposits; retention of property of estate .Executors and administrators may invest trust funds in bonds and other securities issued by this State, or the Rents of the University System of Georgia, bearing a lower rate of interest than seven per cent per annum, and shall, in the settlement of their accounts on the funds so invested, be chargeable with no greater interest than that received from the State. Executors and administrators are also authorized to invest trust funds in the bonds or other obligations issued by the United States Government, and in the bonds of any corporation created by an Act of Congress, the bonds of which said corporation so created by the said Act of Congress are guaranteed by the United States Government. No person, firm, corporation, or association

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shall be liable to account for a greater rate of interest than the amount actually received on said investment. Deposits of funds at interest in any chartered state or national bank or trust company, located in this state, and which is insured by the Federal Deposit Insurance Corporation, shall be deemed investments, and such deposits are authorized as legal investments, to the extent that said deposits are insured by the said Federal Deposit Insurance Corporation, without any order or authority from any court. Executors, administrators, guardians, and trustees are authorized, unless otherwise provided in the fiduciary instrument, to retain the property received by them on the creation of the estate, guardianship or trust (including, in the case of a corporate fiduciary, stock or other securities of its own issue), even though such property may not otherwise be a legal investment, and shall not be liable for such retention, except for gross neglect. In the case of corporate securities, they may likewise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures (and they may exercise by purchase or otherwise any rights, warrants or conversion features attaching to any such securities). This Act shall apply to all such property held by such fiduciary on the effective date of this Act under estates or trusts previously created, except that it shall not relieve any such fiduciary from liability for loss which shall have already accrued on or before the effective date of this Act for losses that have already occurred. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961.

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CERTIORARI PROCEDURE. Code 19-209, 19-210, 19-301, 19-302, 19-401, 19-402, and 19-403 Amended. Code 19-205, 19-211 and 19-212 Repealed. No. 186 (Senate Bill No. 70). An Act to clarify, simplify and conform the procedure in certiorari proceedings to that prevailing in ordinary civil cases as to appearance day; to repeal section 19-205 of the Code, relating to affidavit; to amend section 19-209, relating to the institution and return of certiorari proceedings so as to redefine same; to amend section 19-210, relating to filing of certiorari proceedings, so as to redefine the time for filing and service thereof on the respondent and opposite party; to repeal sections 19-211 and 19-212, relating to service and notice to the opposite party; to amend section 19-301, relating to the answer, so as to redefine the procedure and time for filing thereof; to amend section 19-302, relating to traverse, so as to redefine the procedure relative thereto; to amend section 19-401, relating to hearing, so as to redefine the time and procedure relative thereto; to amend section 19-401, relating to errors considered, so as to further define the scope of review; to repeal section 19-403, relating to traverse of the answer, and to substitute therefor a new section providing for amendments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Code section 19-205, relating to the affidavit required in certiorari proceedings, is hereby repealed. Code 19-205 repealed. Section 2. Section 19-209, relating to the time within which certiorari proceedings must be instituted and the

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return day thereof, is hereby amended by striking said section and substituting in lieu thereof the following: 19-209. All writs of certiorari shall be applied for within 30 days after the final determination of the case in which the error is alleged to have been committed, and not after; and shall be answered by the respondent on or before the appearance day thereof, which shall be thirty (30) days after service of such petition and writ upon the respondent. Code 19-209 amended. Section 3. Code section 19-210, relating to the filing of certiorari proceedings, is hereby amended by striking said section and substituting in lieu thereof the following: 19-210. All certiorari proceedings shall be filed in the clerk's office within a reasonable time after sanction thereof, and shall be served on the respondent within five (5) days after such filing by the sheriff or his deputy, or by the petitioner or his attorney. A copy of the petition and writ shall also be served on the opposite party or his counsel or other legal representative, in person or by mail, and service shown by acknowledgement, or by certificate of the counsel or person perfecting such service. Code 19-210 amended. Section 4. Code section 19-211, relating to service on the opposite party, and section 19-212, relating to notice to the opposite party, are hereby repealed. Code 19-211, 19-212 repealed. Section 5. Code section 19-301, relating to filing of answer to the writ of certiorari, is hereby amended by striking said section and substituting in lieu thereof the following: 19-301. The answer to the writ of certiorari shall be filed in office within thirty (30) days after service thereof on the respondent, unless further time is granted by the superior court, and copy thereof shall be mailed or delivered to the petitioner by the respondent or by the clerk of the superior court. Failure to perfect such service shall be grounds for continuance but shall not otherwise affect the validity of the proceedings. Code 19-301 amended.

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Section 6. Code section 19-302, relating to exceptions to the answer, is hereby amended by striking said section and substituting in lieu thereof the following: The petitioner or defendant in certiorari may traverse or except to the answer of the respondent, which exceptions or traverse shall be filed in writing, specifying the defects, within fifteen (15) days after the filing of such answer, and if such traverse or exceptions be substained, the answer shall be perfected as directed by the court. Code 19-302 amended. Section 7. Section 19-401, relating to hearing on the certiorari proceeding, is hereby amended by striking said section and substituting in lieu thereof the following: 19-401. Certiorari causes shall be heard by the court without a jury, in term time or in vacation and in chambers or in open court, upon reasonable notice to the parties, at any time that such matters may be ready for hearing. Where traverse to the answer has been filed and jury trial demanded, said matter may be tried at any time a jury is available therefor. Code 19-401 amended. Section 8. Section 19-402, relating to errors considered in certiorari proceedings, is hereby amended by striking said section and substituting in lieu thereof the following: 19-402. No ground of error shall be considered which is not distinctly set forth in the petition. The scope of review shall be limited to all errors of law, and determination as to whether the judgment or ruling below was sustained by substantial evidence. All technical distinctions heretofore existing as to what questions would be considered, such as questions concerning judgments absolutely void, or assignments of error drawing in question the legal constitution or jurisdiction of the tribunal below, are hereby abolished. Code 19-402 amended. Section 9. Code section 19-403, relating to traverse of the answer, is hereby repealed, and a new section to be known as section 19-403 substituted in lieu thereof as follows:

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19-403. Certiorari proceedings shall be amendable at any stage, as to matters of form or substance, both as to the petition, bond, answer and traverse, and a valid bond may by amendment be substituted for a void bond or no bond at all. Code 19-403 amended. Section 10. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961. SUPERIOR COURTSSUPPLEMENTS FOR JUDGES IN COUNTIES OF NOT LESS THAN 42,000 AND NOT MORE THAN 43,500 PERSONS. No. 188 (Senate Bill No. 164). An Act to supplement the salary of the judges of the superior courts in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the judges of the superior courts in all counties having a population of not less than 42,000 and not more than 43,500, according to the 1960 or any future United States Census, shall be supplemented out of the treasury of such counties in an amount of one hundred ($100.00) dollars per month. Said supplementary salary shall be in addition to all other supplementary compensation being received by the judges of the superior courts from such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961.

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SALARIES OF CORONERS IN COUNTIES OF NOT LESS THAN 42,000 AND NOT MORE THAN 43,000 PERSONS. Code 21-105 Amended. No. 189 (Senate Bill No. 157). An Act to amend section 21-105 of the Code of Georgia, relating to fees paid to coroners, as amended by putting coroners in certain counties on salary by an Act approved February 15, 1952 (Ga. L. 1952, pp. 132-133), so as to change the salary of coroners in certain counties from $600.00 to $1200.00 per year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. Section 21-105 of the Code of Georgia relating to fees paid to coroners, as amended by an Act approved February 15, 1952 (Ga. L. 1952, pp. 132-133), is hereby amended by striking the figures 34,000, and 38,500, and by inserting in lieu thereof the figures 42,000 and 43,000; by striking the figures 1950 and by inserting in lieu thereof the figures 1960; by striking the figures 600.00 and by inserting in lieu thereof the figures 1200.00, so that the amendment to Code section 21-105 as amended shall read as follows: In all counties of this State having a population of not less than 42,000 and not more than 43,000, according to the United States Census of 1960, or any future United States Census, the coroner shall receive a salary of $1200.00 per year out of the county treasury, payable monthly, said salary to be in lieu of the fees allowed a coroner by law. Code 21-105 amended. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961.

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DISPOSITION OF COUNTY OWNED PROPERTY. Code 91-804A Amended. No. 191 (Senate Bill No. 114). An Act to amend Code section 91-804A pertaining to the sale of county-owned property, so as to provide that said code section shall not apply to any option to sell or dispose of any real property belonging to any county of this State that was granted by said county prior to March 17, 1959; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 91-804A pertaining to the sale of county-owned real property is amended by adding the following words at the end of said section, This Act shall not apply to any option to sell or dispose of any real property belonging to any county of this State that was granted by said county prior to March 17, 1959, so that said section 91-804A when so amended shall read as follows: 91-804A . Prior to the sale or disposition of any real property belonging to any county of this State, notice of the contemplated sale or disposition of such property shall be published in the official organ of the county once a week for four weeks. After such publication said property shall be sold at public outcry to the highest bidder for cash in front of the courthouse on the first Tuesday of the month following such publication in the same manner in which sheriff's sales are held. The provision of this section shall not apply to redemption of property held by any county under a tax deed, the granting of easements, rights-of-way, the sale, conveyance or transfer of road rights-of-way, and the sale transfer or conveyance to any other body politic. This Act shall not apply to any option to sell or dispose of any real property belonging to any county of this State that was granted by said county prior to March 17, 1959.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. BANKS AND BANKINGDIRECTORS. Code 13-2002 Amended. No. 193 (Senate Bill No. 13). An Act to amend Code section 13-2002 of the Code of Georgia of 1933, relating to the qualifications of directors of banks, as amended, so as to provide that 60 per cent of said directors must be citizens of the State of Georgia and residents of the city or town in which the bank is located or within 40 miles thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2002, relating to the qualifications of directors of banks, as amended, is hereby further amended by striking the figure 25 from said section and substituting in lieu thereof the figure 40, so that when so amended, said section shall read as follows: 13-2002 . Every director must, during his whole term of service, be a citizen of the United States, and at least 60 per cent of the directors must be citizens of the State of Georgia and residents of the city or town in which the bank is located or within 40 miles thereof, and must continue so to reside during their continuance in office. Every director must own in his own right and unpledged capital stock having a par value of at least $1000 of the bank of which he is a director, upon which all installments which are due shall have been paid in full, unless the capital of the bank shall not exceed $25,000, in which case he must own stock having a par value of at least $500. Any director who ceases to be the owner of the number of shares

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herein required, or who pledges the same, or who fails to pay any installment due thereon when the same becomes due, or who becomes in any other manner disqualified, shall vacate his place as a member of the board; provided, that this section shall not apply to directors in office on the effective date of this Act, and said directors shall be qualified to succeed themselves as often as they may be re-elected, without reference to the provisions of this section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. FALSE ADVERTISINGCRIMES. No. 195 (Senate Bill No. 104). An Act to amend an Act regulating advertising, approved March 25, 1958 (Ga. L. 1958, p. 411), so as to provide that no person, firm, corporation or association shall advertise in any manner which is untrue or fraudulent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating advertising, approved March 25, 1958 (Ga. L. 1958, p. 411), is amended by inserting following section 1 thereof a new section to be known as section 1A, which shall read as follows: Section 1A. No person, firm, corporation or association or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services professional or otherwise, or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto, shall make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication or advertising

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device or by public outcry or proclamation or any other manner or means whatever any statement concerning such real or personal property or services, professional or otherwise, or concerning any circumstances or matter of fact connected with the proposed performance or disposition thereof, which is untrue or fraudulent and which is known, or which by the exercise of reasonable care should be known, to be untrue or fraudulent. Nothing in this section shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, telecasts, publishes or prints such advertisement in good faith without knowledge of its false or fraudulent character. Whoever violates this section, shall be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than twenty days, or both. Punishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. DEPARTMENT OF LABORAPPROPRIATION OF FUNDS. No. 200 (House Bill No. 524). An Act to provide an appropriation, pursuant to the provisions of sections 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended, for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor and for

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the procurement of lands and buildings therefor; for the payment of expenses incurred in the administration of the Employment Security Law; to authorize the Commissioner of Labor of Georgia to direct the expenditure of said funds, and to do all other things necessary to effectuate the purchase of lands and construction thereon of buildings and the procurement of lands and buildings for such purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. There is hereby appropriated to the Department of Labor out of the funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to section 903 of the Social Security Act, as amended, an additional amount of $300,000.00. The Commissioner of Labor is authorized to requisition, and to use, such money as authorized in sections 9 and 13 of the Employment Security Law, as amended. That of said additional amount, the sum of $275,000.00 is authorized to be allocated for expenditure by the Commissioner of Labor for the acquisition of lands in this State and the construction thereon of office buildings suitable for use for local offices of the Employment Security Agency in the Department of Labor, and all necessary expenses incidental thereto, or, in the alternative, for the purchase of lands and buildings in this State suitable for such offices for the use of said agency, and all necessary expenses incidental thereto, in such cities as the Commissioner finds to be economical and desirable; that of said additional amount, the remaining sum of $25,000.00 is authorized to be allocated by the Commissioner of Labor for the payment of the cost of equipment used in connection with the administration of the Employment Security Law which cost of administration and operation of the Employment Security Law is not financed or is not fully financed by grants from the Federal Government, or any agency thereof.

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Provided, that the amount appropriated herein does not exceed the amount in the Unemployment Trust Fund which may be used for such purposes as provided in section 9 of the Employment Security Law, as amended, and provided: that the amount which may be obligated between the date of enactment of this Act and June 30, 1961 shall not exceed the limitations provided in section 9 (c) (C) of the Employment Security Law, as amended, that the amount which may be obligated during the twelve-month period beginning on July 1, 1961 and ending on June 30, 1962 shall not exceed the limitations provided in said section 9 (c) (C), and that the amount which may be obligated between July 1, 1962 and the date in the year 1963 which falls on the second anniversary of the date of enactment of this Act shall not exceed the limitations provided in section 9 (c) (C). Provided further, that said additional funds shall not be obligated for expenditure by the Commissioner of Labor as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. Be it further enacted, That the Commissioner of Labor is authorized to allocate for expenditure any unexpended amounts appropriated in the Act of the General Assembly, No. 730 (House Bill No. 932) Ga. Laws 1960 pages 1028-1030, for the purposes therein provided in such cities as the Commissioner finds to be economical and desirable subject only to the limitations as to the periods in which the amounts may be obligated. Commissioner of Labor. Section 3. Be it further enacted, That the Commissioner of Labor shall have complete authority to carry out the purposes of this Act, and all provisions of sections 9 and 13 of the Employment Security Law, as amended, shall be applicable to this Act. Intent. Section 4. Be it further enacted, That the Commissioner of Labor is expressly authorized and empowered to engage the services of all necessary appraisers, architects, engineers and contractors, and to enter into and execute all contracts necessary to effectuate the declared purposes

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of this Act, including the acquisition of the necessary real estate for said offices, which real property shall be acquired in the name of the State of Georgia but shall be used for purposes of the Employment Security Agency in the Department of Labor of this State. The acquisition of any property shall be in accordance with other state laws now in force and effect. Contracts. Section 5. Be it further enacted, That all laws or parts of laws inconsistent with the provisions of this Act be and the same are hereby repealed to the extent of such inconsistency. Section 6. Be it further enacted, That this Act shall become effective on the day immediately following the date of enactment, the public welfare requiring it. Effective date. Approved March 28, 1961. EDUCATIONMARRIED STUDENTS ATTENDING PUBLIC SCHOOLS. Code 32-937 Amended. No. 201 (House Bill No. 542). An Act to amend Code section 32-937, as amended, relating to admissions to the common schools of this State, so as to authorize the board of education of any county, city or independent school district to regulate the attendance of married students in the public schools in this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-937, relating to admissions to the common schools of this State, is hereby amended by adding the following sentence at the end of said code section, The board of education of any county, city or

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independent school district is hereby authorized to promulgate rules and regulations concerning the right of married students to attend the common schools of this State, so that when so amended, Code section 32-937 shall read as follows: 32-937 . Admissions to all common schools shall be gratuitous to all children between the ages of six and 18 years residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the State and the veterans desiring to attend the common schools of this State. The board of education of any county, city or independent school district is hereby authorized to promulgate rules and regulations concerning the right of married students to attend the common schools of this State. Rules. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. MOTOR VEHICLESUSE OF AMBER LIGHTS BY RURAL MAIL CARRIERS. No. 215 (House Bill No. 501). An Act to provide that an automobile operated by a rural mail carrier for the purpose of delivering mail along the roads and highways of Georgia shall be authorized to display two amber colored lights; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Any automobile operated by a rural mail carrier for the purpose of delivering mail shall be authorized to display two amber colored lights, so as to warn approaching travelers to decrease their speed because of the danger of colliding with said mail carrier as he stops and starts along the edge of the highway. Said amber light should be visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. COMPENSATION OF CORONERS IN COUNTIES OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000 PERSONS. Code 21-105 Amended. No. 216 (House Bill No. 531). An Act to amend section 21-105 of the Code of Georgia of 1933 as amended, so as to provide that the coroner in any county having a population of not less than 135,000 nor more than 140,000 according to the United States census of 1960 or any future United States census, shall be paid a salary in lieu of the fees allowed by law for holding inquests and performing any and all duties of coroner; that one of the members of the coroner's jury at each inquest held by the coroner shall be a competent stenographer, who shall be and act as the secretary of the coroner's jury, and to fix compensation of such secretary, which compensation shall be in addition to the fee fixed as a juror's fee; to provide for the payment of the coroner's salary and the secretary's fees from the county treasury; to repeal an Act designated

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coroner and juries in certain counties (No. 480, House Bill No. 274) approved February 21, 1951, appearing in Georgia Laws 1951, pp. 760-762 inclusive, and to repeal an Act designated coroner's compensation in counties of not less than 108,000 and not more than 112,000 population (No. 324, Senate Bill No. 181) approved March 25, 1958, Georgia Laws 1958, Vol. Two, pp. 3079 through 3081; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 21-105 of the Code of Georgia of 1933 as amended is hereby amended by adding to said section the following: In all counties of this State having a population of not less than 135,000 persons and not more than 140,000 persons by the 1960 United States census or any future United States census, the coroner shall receive an annual salary, payable monthly, out of the county treasury, in lieu of the fees allowed coroners by law for holding inquests and performing any and all duties of coroner, of thirty-six hundred ($3,600.00) dollars per annum, and in addition thereto fifty (50) gallons of gasoline per month for each month while he is coroner, for use in performing his duties as coroner, which fifty gallons of gasoline shall be furnished to him by the treasurer and from the treasury of such county, and said monthly salary shall be paid from said county treasury by the treasurer at the same time that all other monthly salaries are paid elected county officials. Such coroner shall in impanelling the jury for the purpose of holding an inquest, select as one of the members of such jury a competent stenographer who shall be secretary of said coroner's jury. It shall be the duty of said secretary to carefully and correctly take down the evidence of each witness appearing at said inquest and transcribe it by typewriter, and file a copy of said evidence with the coroner and at such other place as required by law, after the same has been approved by the coroner as

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correct, in the county within which said inquest was held. For this service the secretary of the coroner's jury shall receive the regular pay of $3.00 as a member of the coroner's jury, the sum fixed as the pay for each coroner's juror by the Georgia Laws (Acts 1953, pp. 602-613), and in addition thereto shall in each instance be paid the sum of $5.00 for each inquest which he attends and performs the duties as Secretary as herein stated, which juror's fee and said $5.00 shall be paid out of the county treasury at the order of the coroner of such county where the inquest was held. Section 2. This Act shall become effective and of force upon the approval of the Governor. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed, specially repealing any and all such Acts, and the Acts of 1951, Georgia Laws, pp. 760-762, inclusive, entitled: An Act to provide in all counties of this State having a population of not less than 108,000 and not more than 112,000 by the last of any future census of the United States; an annual salary for coroners and to fix the fees of the coroner's jurors, for services in connection with the holding of inquests and that one of the members of the coroner's jury at each inquest held by the coroner shall be a competent stenographer, who shall be and act as the secretary of the coroner's jury and to fix the compensation and duties of such secretary, which compensation shall be in addition to the fee fixed as juror's fee; and to provide for the payment of the coroner's salary and juror's fees and the secretary's fees from the county treasury; and that the provisions of law as now appear in the Code of Georgia of 1933 as part of and in Code section 21-105 as amended, entitled `fees', to wit: `21-105 (1141, P. C.) Fees. Coroner's fees shall be as follows, to wit: Summoning an inquest on a dead body and returning an inquisition$10.00.No coroner shall receive out of the county treasury more than $1,500 per annum, either as fees for

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holding inquests or for burying the dead bodies. (Cobb 352; Acts 1878-9, page 73)' and also that portion of section 21-209 of the Civil Code of Georgia, 1933, as amended, entitled `Six jurors; majority to decide; pay' which fixes $1.00 as the pay for the services of each coroner's juror, shall be and is inapplicable in such counties and that there shall be paid each juror sworn and empanelled upon an inquest $2.00 each for his services as juror upon each inquest, and for other purposes. 1951 Act repealed. And also the Act of 1958, Georgia Laws, Vol. Two, pp. 3079 through 3081, inclusive, entitled: An Act to amend an Act entitled: `An Act to provide in all counties of this State having a population of not less than 108,000 and not more than 112,000 by the last or any future census of the United States; an annual salary for coroners and fix the fees of the coroner's jurors, for services in connection with the holding of inquests, and that one of the members of the coroner's jury at each inquest held by the coroner shall be a competent stenographer, who shall be and act as the secretary of the coroner's jury and to fix the compensation and duties of such secretary, which compensation shall be in addition to the fee fixed as juror's fee; and to provide for the payment of the coroner's salary and juror's fees and the secretary's fees from the county treasury; and that the provisions of law as now appears in the Code of Georgia of 1933 as part of and in Code section 21-105 as amended, entitled `Fees', to-wit: `21-105 (1141 P. C.) Fees. Coroner's fees shall be as follows, to-wit: Summoning an inquest on a dead body and returning an inquisition$10.00No coroner shall receive out of the county treasury more than $1,500 per annum, either as fees for holding inquests or for burying the dead bodies. (Cobb, 352; Acts 1878-9, page 73)' and also that portion of Section 21-209 of the Civil Code of Georgia, 1933, as amended, entitled `Six jurors' majority to decide; pay' which fixes $1.00 as the pay for the services of each coroner's juror, shall be and is inapplicable in such counties and that there shall be paid each juror sworn and empanelled upon an inquest $2.00 each for his

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services as juror upon each inquest; and for other purposes' that appears in Georgia Laws 1951, pages 760 through 762 inclusive, so as to change and increase `an annual salary for Coroners' in all counties of this State having a population of not less than 108,000 and not more than 112,000 by the last or any future census of the United States; and for other purposes. 1958 Act repealed. Approved March 28, 1961. TRUST ESTATES. Code Chapter 108-6 Amended. No. 220 (House Bill No. 254). An Act to amend Chapter 108-6 of the Code of Georgia, relating to the creation by deeds to beneficial interests of trust estates in property located in this State, and in the improvements made thereon, for the benefit of the persons creating such estates and other persons who contribute to the improvement of said property, and their assigns or transferees, by amending section 108-601 of said chapter, so as to provide for the creation of such trust estates for the purpose of acquiring such property, and to provide an alternative method of establishing the period of time for which such trust estates are created; by adding a new section 108-605 to said chapter, so as to provide for the investments authorized to be made by the trustees of such trust estates; by adding a new section 108-606 to said chapter, so as to provide that the affairs of such trust estates may be conducted under business or trade names; by adding a new section 108-607 to said chapter, so as to provide for the recording of deeds creating such trust estates and amendments thereto and filing of copies thereof with the Secretary of State, and for the admission of certified copies of such filings as evidence; by adding a new section 108-608 to said chapter, so as to provide for the filing of returns by

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such trusts with the Secretary of State; by adding a new section 108-609 to said chapter, so as to define the words deed, property, and estate, as used therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 108-601 of the Code of Georgia, relating to the creation by deeds to beneficial interests of trust estates in property located in this State, and in the improvements made thereon, for the benefit of the persons creating such estates and other persons who contribute to the improvement of said property, and their assigns or transferees, which reads as follows: Section 108-601. Deeds to interest in property for its improvement .The owners of property located in this State may create by deed an estate therein and in the improvements made thereon, for the benefit of themselves and such other persons (whether sui juris or not) who may contribute to the improvement or development of said property, and their assigns or transferees: Provided, that the deed creating such estate shall provide for the improvement or development of the property covered thereby, and the trustee or trustees therein named and their successors shall have some active duty to perform in and about the trust property or the management or control of the same: Provided further, that the deed creating such estate shall be recorded within 30 days from the date of its execution in the record of deeds in the office of the clerk of the superior court of the county wherein said property is located. When such an estate is so created, the legal title to the said property and all the property added thereto, or substituted therefor, shall vest and remain in the trustee or trustees named, and his or their successors, in accordance with the terms of said deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the said estate pass to or vest in the beneficiaries or cestuis que trustent; but at the end of 25 years from the date of the deed creating such estate the title to such of said property as may then belong to said

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estate shall vest in the beneficiaries; and if said deed creating such estate so provides, a renewal of said estate may be made at the end of said 25 years, upon the terms and conditions and in the manner therein set forth, for a like period. is hereby amended by striking the same in its entirety and substituting in lieu thereof a new section 108-601 of the Code of Georgia, which when so amended will read as follows: Section 108-601. Deeds to interests in property .The owners of property located in this State, or persons desiring to acquire beneficial ownership of such property, may create by deed an estate therein and in the improvements made thereon, and in the property to be acquired, for the benefit of themselves and such other persons (whether sui juris or not) who may contribute to the improvement or development or acquisition of said property, and their assigns or transferees: Provided, that the deed creating such estate shall provide for the improvement or development of the property covered thereby, or for the acquisition of such property, and the trustee or trustees therein named and their successors shall have some active duty to perform in and about the trust property or the management or control of the same: Provided further, that the deed creating such estate shall be recorded as provided hereafter in section 108-607. When such an estate is so created, the legal title to the said property and all the property added thereto, or substituted therefor, shall vest and remain in the trustee or trustees named, and his or their successors, in accordance with the terms of said deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the said estate pass to or vest in the beneficiaries or cestuis que trustent; but at the end of 25 years from the date of the deed creating such estate the title to such of said property as may then belong to said estate shall vest in the beneficiaries; and if said deed creating such estate so provides, a renewal of said estate may be made at the end of said 25 years, upon the terms and conditions and in the manner therein set

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forth, for a like period; provided, however, that in the alternative to said period of 25 years and the renewal thereof, if said deed so provides, such estate may be created for any period of time specified therein which does not extend beyond any number of lives in being and 21 years thereafter. Section 2. Chapter 108-6 of the Code of Georgia is hereby amended by adding a new section to said chapter, to be section 108-605, relating to the investments authorized to be made by the trustees of trust estates created thereunder, and which shall read as follows: Section 108-605. Investments by trustees .In addition to investments in any property, as such word is defined in this chapter, the trustee or trustees may invest any funds of said trust estate in investments authorized to be made by trustees under the laws of Georgia; provided, however, that the deed creating such estate may further limit or expand the powers and authority of the trustee or trustees with respect to investments, including the power to invest in property located outside the State of Georgia. The trustee or trustees are authorized and empowered in accordance with the terms and provisions of the deed creating such estate, from corpus or from income or from both, to repurchase or redeem any issued and outstanding certificates of beneficial interest. Section 3. Chapter 108-6 of the Code of Georgia is hereby amended by adding a new section to said chapter, to be section 108-606, relating to the conduct of the affairs of such trust estates under business or trade names, and which shall read as follows: Section 108-606. Name of trust .If the deed creating such trust estate so provides, the trustee or trustees may conduct and transact the affairs of such trust estate under a business or trade name, which shall be set forth in such deed and which may include the word `trust', but which may not include the words `trust company.' Section 4. Chapter 108-6 of the Code of Georgia is

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hereby amended by adding a new section to said chapter, to be section 108-607, relating to the recording of deeds creating such trust estates, and amendments thereto, and the filing of copies thereof with the Secretary of State, and the admission of certified copies thereof as evidence, and which shall read as follows: Section 108-607. Recording of deeds and amendments thereto, and filing a copy with Secretary of State .(a) The deed creating such trust estate shall, within 30 days of the execution thereof, or within 30 days of the enactment of this provision, whichever is later, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located and the trustee shall concurrently therewith deposit with and pay to said clerk 15 cents per hundred words for recording such deed and $5 for other services required of the clerk in connection with the filing of such deed. Upon said deed being filed with the clerk and the fees being paid, as aforesaid, said clerk shall forthwith deliver to the trustee or his attorney two certified copies of said deed, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. Upon receiving the two certified copies of said deed, the trustee or his attorney shall present the same to the Secretary of State, and shall concurrently therewith pay $5 to the Secretary of State for the use of the State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form: STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE. This is to certify that a copy of the attached certified copy of a deed, declaration or agreement of trust dated, by and betweenas grantor(s) andas trustee(s), which states that the trustee(s) may use the name of, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law.

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WITNESS my hand and official seal thisday of, 19. (b) Such certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms and conditions. (c) The Secretary of State at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him of a fee of $1, plus 10 cents per 100 words for copying, and such additional certified copies shall be likewise admitted in evidence with like force and effect. (d) Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon such filing shall be computed as if such filing were of an original deed. Section 5. Chapter 108-6 of the Code of Georgia is hereby amended by adding a new section to said chapter, to be section 108-608, relating to the making of returns by such trusts to the Secretary of State, and which shall read as follows: Section 108-608. Returns by trust .Each such trust created pursuant to the provisions of this chapter shall make a return to the Secretary of State upon the creation of such trust, and annually thereafter, in the same manner, and embracing the same information, insofar as applicable, as returns by corporations are required to be made under the provisions of chapter 22-17 of the Code of Georgia of 1933; and all the provisions of such chapter 22-17, including the provisions with regard to fees,

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penalty for noncompliance, and recording and certifying of copies of such returns, shall be applicable to the returns of such trusts required hereby. Section 6. Chapter 108-6 of the Code of Georgia is hereby amended by adding a new section to said chapter, to be section 108-609, relating to the definitions of the words deed, property, and estate when used in such chapter 108-6, and which shall read as follows: Section 108-609. Definitions .When used in this chapter, the following words shall have the meanings here indicated: (a) `deed' shall mean and include any written agreement, declaration of trust or other instrument which creates a trust estate in the trustee or trustees named therein and sets forth the terms and conditions of such trust, and which indicates an intention, either expressly or by implication, that such trust estate created therein should be subject to the provisions of this chapter, but such word shall not include every warranty deed, quit claim deed, bill of sale or other instrument which conveys title to property to a trustee, merely by virtue of such fact alone; (b) `property' shall mean and include improved or unimproved property, real or personal, leaseholds, mortgages, notes or other obligations secured by property or any interest therein, or other interests in such property; (c) `estate' shall mean any alienable interest in property, legal or equitable, freehold or non-freehold, possessory or non-possessory. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961.

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ASSISTANT SOLICITORS-GENERAL AND CLERKS IN COUNTIES OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000 PERSONS. No. 221 (House Bill No. 530). An Act to provide for the appointment of a first assistant solicitor-general, a second assistant solicitor-general, and two stenographer-clerks in the office of the solicitor-general in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future United States census; to provide for their duties, compensation, authority, term of office, and removal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. In all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future United States census, the solicitor-general may appoint for his office a first assistant solicitor-general, a second assistant solicitor-general and two stenographer-clerks. Appointment. Section 2. The first assistant solicitor-general, the second assistant solicitor-general, and two stenographer-clerks shall be subject to removal by the solicitor-general for misconduct in office or other sufficient cause, or when their services are no longer required. Removal. Section 3. The first assistant solicitor-general and the second assistant solicitor-general after receiving their appointments, but before assuming the duties of office, shall take the same oath of office as is prescribed for the solicitor-general of the various judicial circuits of this State. The first assistant solicitor-general and the second assistant solicitor-general shall have such authority

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as may be delegated to them by the solicitor-general under whom they hold their appointment, and when acting on behalf of the solicitor-general, they shall have all the authority and power, as well as the duties of the solicitor-general in the courts of the county of their appointment. Duties. Section 4. The first assistant solicitor-general shall receive as compensation for his services a salary of $470.00 per month to be paid monthly out of the county treasury of the county of said first assistant solicitor's-general appointment and he shall be entitled to be paid monthly out of the county treasury of such county the sum of fifty ($50.00) dollars per month for car allowance so long as he uses his car in connection with his office. Salary. Section 5. The second assistant solicitor-general shall receive as compensation for his services a salary of $400.00 per month to be paid monthly out of the county treasury of the county of said second assistant solicitor's-general appointment and he shall be entitled to be paid monthly out of the county treasury of such county the sum of twenty-five ($25.00) dollars per month for car allowance so long as he uses his car in connection with his office. Same. Section 6. No person shall be eligible to appointment to the office of first assistant solicitor-general or to the office of second assistant solicitor-general who has not been a resident citizen of this State for three years, and of the county for at least one year, just preceding such appointment, and who does not permanently reside in the circuit at the time of such appointment, and who has not attained the age of twenty-five years and who has not been duly admitted and licensed to practice law in the superior courts of Georgia for at least three years. Qualification. Section 7. The duties of the two stenographer-clerks shall be to assist in the investigation, preparation and trial of all criminal cases, to do clerical work in the office of the solicitor-general and perform such other duties in

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connection with the criminal and other business in said office as may be directed by the solicitor-general. Clerks. Section 8. Said two clerks, one of whom shall be designated as chief clerk, shall be paid from the treasury of said counties as a part of the court expenses of said counties, a monthly salary for said chief clerk not to exceed $300.00 for one and a monthly salary not to exceed $300.00 for the other clerk to be paid monthly. Salaries. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. PRACTICE AND PROCEDUREMOTIONS FOR DIRECTED VERDICTS. Code 110-104 Amended. No. 222 (House Bill No. 581). An Act to amend Code section 110-104, relating to when it is proper to direct verdicts in jury trials, so as to provide that, in the event that the defendant does not put in any evidence in the trial of any case, he shall nevertheless be entitled to move for a directed verdict when the parties have closed their respective cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 110-104, relating to when it is proper to direct verdicts in jury trials, is hereby amended by adding at the end thereof the following: In the event that the defendant shall fail to put in any evidence in the trial of any case, he shall nevertheless be entitled to move for a directed verdict when the parties have closed their respective cases.,

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so that when so amended, said section shall read as follows: 110-104. Where there is no conflict in the evidence, and that introduced, with all reasonable deductions of inferences therefrom, shall demand a particular verdict, the court may direct the jury to find for the party entitled thereto. In the event that the defendant shall fail to put in any evidence in the trial of any case, he shall nevertheless be entitled to move for a directed verdict when the parties have closed their respective cases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. COUNTY POLICE. Code 23-1403 Amended. No. 231 (Senate Bill No. 90). An Act to amend Code section 23-1403, relating to the powers of county police, so as to limit certain powers to the county of appointment or election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 23-1403, relating to the powers of county police, is hereby amended by adding after the word processes the words in the county of their election or appointment only, so that when so amended section 23-1403 shall read as follows: 23-1403. Said county police shall each of them have under the direction and control of the commissioners or ordinaries the same power to make arrests and to execute and return all criminal warrants and processes, in the

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county of their election or appointment only, as sheriffs now have; and shall, under the same directions and authority, have all the powers of sheriffs as peace officers in the county of their election or appointment. Authority of county police. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. USE OF STATE CAPITOL BUILDING. No. 233 (Senate Bill No. 39). An Act to amend Code section 91-105, relating to the use of the Capitol Building and grounds, so as to provide for the use of space in the Capitol Building; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 91-105, relating to the use of the Capitol Building and grounds, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 91-105 to read as follows: 91-105 . The use of the Capitol Building and grounds shall be limited to Departments of the State Government and to State and National political organizations, and the Keeper of Public Buildings and grounds shall not grant the use of either the Capitol Buildings or grounds for any other purposes, except that the Secretary of State, as Keeper of Public Buildings and Grounds, is hereby authorized to provide space in the Capitol Building for use as a vending stand (as described by the Vending Stand Act of 1956Ga. L. 1956, p. 52) for the use of State officials and employees and their invited guests. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961.

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ADOPTION LAW OF 1941 AMENDEDRIGHTS VESTED BY FINAL DECREE OF ADOPTION. No. 235 (Senate Bill No. 64). An Act to amend an Act revising the adoption laws of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopting person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising the adoption laws of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. At any time after the expiration of six months from the date of the interlocutory order, the court shall set down for a hearing in chambers the question of whether the adoption sought shall be made final, and notice thereof shall be mailed by the Clerk to the State Department of Public Welfare and to the person or persons on whom the petition is required to be served under section 5. Any person objecting to the entry of a final order of adoption shall file such objections in writing prior to the date assigned for a hearing, which objections shall be passed on by the court at such hearing. If the court is satisfied that a final order of adoption should be entered, the court shall enter a decree of adoption, declaring the said child to be the adopted child of the petitioner, and capable of inheriting his estate, and also what shall be the name of such child. Thereafter the relation between such person and the adopted child shall be as to their legal rights and liabilities, the relation of parents and child: Provided, however, that petitioner or petitioners may inherit from the child that which he acquires or is vested in him subsequent to the

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final order of adoption, except that which he has acquired or inherited from blood relatives. When the final adoption shall have been granted, the parents of the child shall be divested of all legal rights, or obligations from them to the child or from the child to them; and the child shall be free from all obligations of any sort whatsoever to the said natural parents. Provided, however, that where one of the adopting persons is the spouse of the natural father or mother of the child, the assent of such natural father or mother to such adoption, as is required by this Act, or his or her joining in the petition of adoption for the purpose of evidencing such assent, or the final order of adoption, shall not affect in any way the rights and obligations existing between the adopted child and such natural father or mother. Said adopted child shall be considered in all respects as if it were a child of natural bodily issue of petitioner or petitioners, and shall enjoy every right and privilege of a natural child of petitioner or petitioners; and shall be deemed a natural child of petitioner or petitioners to inherit under the laws of descent and distribution in the absence of a will and to take under the provisions of any instrument of testamentary gift, bequest, devise, or legacy, unless expressly excluded therefrom. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. TRUSTS ESTATESCOMMON TRUST FUNDS. No. 237 (Senate Bill No. 28). An Act to amend an Act approved March 20, 1943, (Ga. L. 1943, p. 442) as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 478) and as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 526) relating to common trust funds and the rights, powers, and duties of fiduciaries with respect thereto

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by amending section 7 of said Act, as amended, to increase the maximum amount of monies of any one estate which may be invested in one or more common trust funds from $150,000.00 to $300,000.00 or such lesser amount as may from time to time be prescribed by the Board of Governors of the Federal Reserve System; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 20, 1943 (Ga. L. 1943, p. 442), as amended, relating to common trust funds and the rights, powers, and duties of fiduciaries with respect hereto be amended by striking Section 7 of said Act, as amended, in its entirety and substituting in lieu thereof a new section to be numbered Section 7 which will read as follows: Section 7. The amount of monies of any one estate which shall be invested in any one or more such common trust funds as may be maintained by a trust institution shall not exceed $300,000.00, or such smaller amount as may from time to time be prescribed for such investment in such funds by the Board of Governors of the Federal Reserve System or other competent Federal authority, whichever amount shall be less. In the event the foregoing sentence be held unconstitutional, then the amount of monies of any one estate which shall be invested in any one or more such common trust funds as may be maintained by a trust institution shall not exceed $300,000.00. In applying this limitation, if two or more trusts are created by the same settler or settlers, and as much as one-half of the income or principal, or both, of each trust is payable or applicable to the use of the same person or persons, such trusts shall be considered as one and said limit shall apply. Maximum investment in common trust funds. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961.

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DEPARTMENT OF PUBLIC WELFAREAUTHORITY TO MATCH, ACCEPT AND DISBURSE FEDERAL GRANT IN AID FUNDS. No. 241 (Senate Bill No. 33). An Act to amend an Act authorizing the State Department of Public Welfare to match, accept, and disburse federal grant-in-aid funds for public welfare purposes in compliance with federal law, approved March 6, 1945 (Ga. L. 1945, p. 196), so as to authorize the transfer of State funds to match federal funds for implementation of medical assistance programs and other welfare programs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act authorizing the State Department of Public Welfare to match, accept, and disburse federal grant-in-aid funds for public welfare purposes in compliance with federal law, approved March 6, 1945 (Ga. L. 1945, p. 196), is hereby amended by striking section 4 of said Act in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. In the event that the Congress of the United States appropriates funds providing for grants-in-aid to the State governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other type welfare programs, the State Department of Public Welfare is authorized to cooperate with the Federal Government in such programs, to accept funds from the Federal Government in the maximum amounts made available, to disburse same and to comply with all requirements of the Federal Government necessary to the securing of such grant-in-aid funds. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows:

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Section 5. Any funds which are made available by appropriation to the State Welfare Department for matching Federal funds shall be available to supply the State portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare programs provided for by the Federal Government which benefit the citizens or residents of this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. TALLAPOOSA JUDICIAL CIRCUITTERMS OF COURT, GRAND JURIES. No. 245 (House Bill No. 226). An Act to provide for a change in the time of holding Superior Court in the Tallapoosa Judicial Circuit of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the time of holding Superior Court of the counties of the Tallapoosa Circuit shall be hereafter as follows: For the County of Polk the fourth Monday in February and the fourth Monday in August; for the County of Douglas the third Monday in March and the third Monday in September; for the County of Paulding the second Monday in April, the fourth Monday in July, and the second Monday in October; and for the County of Haralson the fourth Monday in April, the second Monday in August and the first Monday in December. Terms. Section 2. Be it further enacted by the authority aforesaid that it shall be at the discretion of the Judge of the Tallapoosa Judicial Circuit as to whether a grand jury shall be called for the Superior Court of Haralson

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County on the second Monday in August and for the Superior Court of Paulding County on the fourth Monday in July. Grand juries. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. CRIMESDEFRAUDING OR ATTEMPTING TO DEFRAUD TELEPHONE AND TELEGRAPH COMPANIES. No. 250 (House Bill No. 271). An Act to prohibit any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph with intent to avoid payment of the lawful price, charge or toll therefor; to prescribe penalties therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to obtain or attempt to obtain by the use of any fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph, or over telephone or telegraph facilities with intent to avoid payment of the lawful price, charge or toll therefor. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and punishable as prescribed by law. Punishment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961.

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SALARIES OF SOLICITORS-GENERAL IN ALL COUNTIES HAVING POPULATION OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000 PERSONS. No. 251 (House Bill No. 525). An Act to provide an additional compensation for the solicitor-general of certain judicial circuits, payable by certain counties, in addition to the salary paid to him by the State; to repeal Acts approved February 21, 1951 (Ga. L. 1951, p. 742), and March 13, 1957 (Ga. L. 1957, p. 444); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties in the State of Georgia having a population of not less than 135,000 nor more than 140,000 according to the U. S. Census of 1960 or any future census, the solicitor-general of the judicial circuit in which such counties are located shall be paid in addition to the salary he receives by the State, an additional compensation out of the Treasury of such counties in the amount of $8,400.00 per annum. Said amount shall be payable in equal monthly installments. Salary. Section 2. An Act approved February 21, 1951 (Ga. L. 1951, p. 742), and an Act approved March 13, 1957 (Ga. L. 1957, p. 444), are hereby repealed in their entirety. Section 3. The provisions of this Act shall become effective at such time as the 1960 census becomes official. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961.

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SOLICITOR-GENERAL RETIREMENT FUND ACTAMENDED. No. 253 (House Bill No. 452). An Act to amend an Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 163), so as to change the date by which a solicitor-general may come under the provisions of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 163), is hereby amended by striking from the first paragraph of section 9 the words and figures July 1, 1958 and inserting in lieu thereof the word and figures July 1, 1961, so that when so amended, the first paragraph of section 9 shall read as follows: All solicitors-general, who qualify under this Act, shall pay into said fund the amount of five per cent of their salary or fees for each year and any solicitor-general who makes payments to this fund shall be eligible to retire from the office and be eligible to the appointment of solicitor-general emeritus, at a salary of two-thirds of what he has previously received as compensation as salary or fees for the final calendar year of his service as active solicitor-general of his circuit. All solicitors-general now in office shall be eligible to participate in the benefits provided by this Act, if they make their payment to the retirement fund by this Act created, for the year in which this Act is approved, and continue to make those payments until they have served nineteen years up to the year of their retirement. Provided further,

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that any solicitor-general who is eligible under the provisions of this Act as amended, but has not yet taken advantage hereof may do so by payment into the retirement fund not later than July 1, 1961, with interest at the rate of 5 per cent per annum on all sums due since the adoption of this Act, February 17, 1949 to the date of payment to the Treasurer of the State, provided, further any solicitor-general not in office at the time of the passage of the Act on February 17, 1949, who has previously served as a solicitor-general of the State, may qualify and be eligible to participate in the benefits provided by this Act by paying 5 per cent of the existing salary or annual fees of such solicitor-general plus interest at 5 per cent annum from February 17, 1949 to the date of payment to the Treasurer of the State, as though he had been in office since said date, which payment shall be made into said retirement fund within six months after re-entering upon the duties of solicitor-general, and he shall continue to pay into said fund the amount of five per cent of his salary or fees for each year thereafter until he has served a total of nineteen years including service prior to and subsequent to the original passage of this Act on February 17, 1949, up to the year of retirement. Election to come under Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. COMPENSATION OF SUPERIOR COURT JUDGES' SECRETARIES AND BAILIFFS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 115,000 AND NOT MORE THAN 140,000 PERSONS. No. 265 (House Bill No. 664). An Act to provide in all counties of the State of Georgia, having a population under the 1960 United States census or any future United States census of not less than 115,000 inhabitants nor more than 140,000 inhabitants,

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for the fixing of the salaries of the court reporters and special bailiffs and secretaries to the superor court judge or judges; and to require the payment of such salaries from the treasury of such counties as a part of the court expenses of such counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, in all counties of this State having, under the 1960 United States census or any subsequent United States census, a population of not less than 115,000 inhabitants nor more than 140,000 inhabitants, the salary of the stenographer or court reporter to the judge of the superior court shall be fixed at $288.50 per month; and the salary of the superior court judge's bailiff or bailiffs is hereby fixed at $165.00 per month. Section 2. Be it further enacted by the authority aforesaid that all such salaries shall be paid from the county treasuries of such counties as part of the court expenses of such counties. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1961. PRACTICE AND PROCEDUREPARTITION OF UNDIVIDED INTEREST IN REALTY. No. 268 (House Bill No. 607). An Act to provide that where an undivided interest in real estate has been or in the future may be granted or devised to a person for his or her lifetime with remainder or reversion to others, such life tenant may compel a partition, in pursuance of the partition laws

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of Georgia, which may upon a proper judgment of the superior court, based upon an application therefor, bind all parties interested whether in possession, reversion or remainder, and whether or not those entitled to take are in esse, with certain limitations; and to provide for service and notice to all parties interested; and to provide for the appointment of a guardian ad litem to act for and represent minors and unborn remaindermen or reversioners; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all cases where an undivided interest in real estate has been or in the future may be granted or devised to a person for his or her lifetime with remainder or reversion to others, such life tenant may compel a partition, in pursuance of the partition laws of Georgia, which may upon a proper judgment of the superior court, based upon an application therefor, bind all parties interested whether in possession, reversion or remainder, and whether or not those entitled to take are in esse: Provided, the property is capable of fair and equitable partition and such fact is adjudicated by the court in such proceeding; and provided that in such case or proceeding no sale of the property may be made or had under such application for partition; and provided that the terms of said grant or devise shall otherwise remain in full force and effect. Section 2. Under such partition proceeding the court shall appoint a guardian ad litem to act for and represent all unborn remaindermen or reversioners, on such terms as may be ordered by the court. In all such cases where interested minors are not represented by guardian, the court shall also appoint a guardian ad litem to act for and represent minors who are interested parties. Such guardians ad litem shall be served with notice of the application for partition. All other parties shall also be served with notice of the application for partition, after the application has been filed in the superior court. Such guardian ad litem and all other parties who have been served with said notice shall answer and plead to the

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application for partition within twenty days after service of said notice, provided, however, that the court may authorize the guardian ad litem to acknowledge service and waive the twenty days notice. Section 3. The right of partition herein provided shall be cumulative to existing laws. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. JOINT COMMITTEE ON THE OPERATIONS OF THE GENERAL ASSEMBLYNAME CHANGED. No. 272 (House Bill No. 139). An Act to amend an Act creating the Joint Committee on the Operations of the General Assembly and the Office of Legislative Counsel, approved March 10, 1959 (Ga. L. 1959, p. 152), so as to change the name of the Joint Committee on the Operations of the General Assembly to Legislative Services Committee; to transfer powers, duties, and authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Joint Committee on the Operations of the General Assembly and the Office of Legislative Counsel, approved March 10, 1959 (Ga. L. 1959, p. 152), is hereby amended by striking from said Act, wherever they appear, the words Joint Committee on the Operations of the General Assembly, and inserting in lieu thereof the words Legislative Services Committee. The Legislative Services Committee shall succeed to and be vested with all the powers, duties, and authority of the Joint Committee on the Operations of the General Assembly and shall be a continuation thereof with only the name being changed. Legislative Services Committee.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. PROTESTS POSITION OF FEDERAL GOVERNMENT CONDONING ILLEGITIMATE BIRTHS. No. 7 (House Resolution No. 106). A Resolution. Relative to certain welfare benefits; and for other purposes. Whereas, in many areas of this State the number of births of illegitimate children has sharply increased during the last few years; and Whereas, although laws have been enacted in an attempt to stop illegitimate births, under Federal rules and regulations welfare payments are still authorized for illegitimate children; and Whereas, at the time the General Assembly of Georgia enacted a law prohibiting payments to any mother for more than one illegitimate child, the Federal agency administering the welfare program threatened to withhold all funds from the State of Georgia unless such laws were repealed; and Whereas, there is no action which might be taken on the State level to cope with this situation, but action needs to be taken on the Federal level; Now, therefore, be it resolved by the General Assembly of Georgia, that the members of this body deplore the situation existing at the present time which, in effect, condones illegitimacy and rewards persons for illegitimate births, and request that the members

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of the United States Senate and the members of the United States House of Representatives from Georgia do all in their power to take whatever action necessary to prevent welfare payments for illegitimate children. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each member of the Georgia Congressional Delegation. Approved March 28, 1961. DISPOSITION OF PLAQUE IN MEMORY OF ALEXANDER HARRY WRAY. No. 8 (House Resolution No. 245). A Resolution. Relative to a plaque in memory of Alexander Harry Wray; and for other purposes. Whereas, during the War Between the States a Union Soldier, Alexander Harry Wray, was taken prisoner by the Confederate Army; and Whereas, at the conclusion of the War in appreciation of the very kind treatment he received as a prisoner, he contributed his mustering out pay toward a home for Confederate Soldiers; and Whereas, there is at present a plaque at the Confederate Soldiers Home in Atlanta commemorating the aforesaid act; and Whereas, it has been indicated that at some future date the Confederate Soldiers Home will be torn down and the material disposed of; and Whereas, a resident of DeKalb County, Mrs. Ann

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Wray Upchurch, a great-great niece of Alexander Harry Wray is desirous of obtaining the aforesaid plaque and it seems appropriate that she be granted said plaque. Now, therefore, be it resolved by the General Assembly of Georgia that in the event the Confederate Soldiers Home is torn down the aforesaid plaque is hereby declared surplus and the Governor and the Secretary of State, on behalf of the State of Georgia, are hereby authorized and directed to convey to Mrs. Ann Wray Upchurch for the sum of one dollar ($1.00) the aforesaid plaque. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor, the Secretary of State and Mrs. Ann Wray Upchurch. Approved March 28, 1961. CONSTRUCTION OF MUSEUM BY GEORGIA HISTORICAL COMMISSION. No. 9 (House Resolution No. 109-291). A Resolution. Relative to the construction of a museum in Muscogee County by the Georgia Historical Commission; and for other purposes. Whereas, a Confederate gunboat which is the only one in existence is lying submerged in the Chattahoochee River a short distance below the City of Columbus; and Whereas, it would be highly advantageous for a museum in which to house said gunboat to be constructed

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in Muscogee County under the supervision of the Georgia Historical Commission; and Whereas, such a museum would prove to be an outstanding tourist attraction and would benefit not only the surrounding area but the entire State of Georgia; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Historical Commission is hereby authorized to proceed with negotiations relative to the construction of the museum as aforesaid, and the Budget Bureau is hereby authorized to provide the sum of $25,000.00 to the Georgia Historical Commission, from any available funds, for said purpose. Approved March 28, 1961. EMMETT R. CULBRETH AND MYRVIN H. CULBRETH BRIDGES DESIGNATED. No. 11 (House Resolution No. 82-249). A Resolution. Designating the Emmett R. Culbreth and Myrvin H. Culbreth Bridges; and for other purposes. Whereas, there is nearing completion a dual system of bridges over the Flint River within the City of Bainbridge, Georgia, and Whereas, it is customary and proper that structures of this type be named for individuals who have departed this life but who, during their lifetime, meant much to the community in which they lived, and Whereas, we of Bainbridge and Decatur County, Georgia have, in the recent past, lost Emmett R. Culbreth who was serving as clerk of our superior court

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and our city court until the time of his death on February 26, 1953, and Whereas, upon his death his widow, Myrvin H. Culbreth, was appointed and later elected without opposition as clerk of our superior court and City Court of Bainbridge and served with distinction in that capacity until her death on August 26, 1960, and Whereas, because of the lives that they each lived, the friends they had, the contributions they made to society and to the community in which they lived, it is thought and believed that to name these dual bridges for this outstanding couple would be most appropriate. Now therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby directed and authorized to establish and maintain the proper markers necessary to name and designate the dual bridges across Flint River in Decatur County in memory of Emmett R. Culbreth and Myrvin H. Culbreth. Approved March 28, 1961. RICHARD B. RUSSELL BRIDGE DESIGNATED. No. 13 (House Resolution No. 46-113). A Resolution. To designate a bridge as the Richard B. Russell Bridge; and for other purposes. Be it resolved by the General Assembly of Georgia: Whereas, Richard B. Russell, United States Senator from Georgia, an outstanding national leader, who has led the fight to preserve the sovereignty of the States

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and the personal initiative and free enterprise of our people; and Whereas, he has exemplified those attributes of leadership and moral courage which, in the face of those substantial forces that seek to destroy constitutional government and our cherished American way of life, have inspired all of us to strive diligently to protect our God-given rights; and Whereas, it is altogether fitting and proper that the memory of this man who has devoted his life to protecting the ideals of our country's founding fathers and to the service of the people of this State and nation, be properly preserved; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the projected bridge across the Chattahoochee River on the highway from Georgetown, Georgia, to Eufaula, Alabama, be named and designated Richard B. Russell Bridge in order to perpetuate the stature of Senator Richard B. Russell, a great patriot, leader, public servant, and faithful son of the State of Georgia. Be it further resolved that the proper authorities are hereby authorized and directed to so name and designate said bridge and are hereby directed to erect a suitable marker thereon at State expense. Be it further resolved that when said bridge is completed and after a marker has been erected thereon, before said bridge shall be officially opened for traffic, that a proper dedicatory service be held. Be it further resolved that the General Assembly in Georgia in session assembled shall and do hereby most cordially invite the Honorable Richard B. Russell, United States Senator, to be present at said dedicatory service and deliver, if he will, the principal address upon that momentous occasion. Approved March 28, 1961.

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MANSION SITES COMMISSIONEXTENDED. No. 14 (House Resolution No. 72). A Resolution. Relative to the Mansion Sites Commission; and for other purposes. Whereas, pursuant to legislation enacted by the General Assembly at the 1960 Session, the Governor, by Executive Order dated October 28, 1960, created the Commission known as the Mansion Sites Commission and designated the members thereof; and Whereas, the Commission was charged with the duty of making a study concerning the leasing or development of a tract of land owned by the State of Georgia known as the Governor's Mansion Lot, and was directed to submit a proposal or proposals relative thereto to the General Assembly; and Whereas, the Commission has not had sufficient time to complete its study and is desirous of continuing and completing the functions for which it was created; Now, therefore, be it resolved by the General Assembly of Georgia that the Mansion Sites Commission is hereby granted an extension of time for the purpose of completing and continuing the functions for which it was created, and shall make a report to the General Assembly and submit a proposal or proposals relative to the leasing or development of the aforesaid Governor's Mansion Lot prior to the end of the 1961 Session of the General Assembly, if possible. In the event the Commission is unable to complete its work as aforesaid, a report and a proposal or proposals shall be submitted to the General Assembly on or before February 1, 1962, on which date the Commission shall stand abolished. The members of the Commission shall be the same as those designated by the Governor in the aforesaid Executive Order. In the event a vacancy

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occurs for any reason on the Commission, the Governor shall fill the same by appointment. Prior to presenting any report or proposals, the Commission shall publish an advertisement in a paper of Statewide circulation, twice a week for two weeks, which advertisement shall request and solicit the submission, by any interested person, firm, partnership, association, corporation or entity, of proposals concerning such leasing or development. As provided in the aforesaid legislation, no such proposal shall interfere with the rights of the present lessee of the Governor's Mansion Lot property without the consent of the lessee, and no such proposal or agreement pertaining to the Governor's Mansion Lot property shall in any way be binding on the State of Georgia unless and until it has been approved or authorized by Act or by a joint resolution of the House of Representatives and the Senate of the State of Georgia. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Governor and to each of the members of the Commission. Approved March 28, 1961. DISTRIBUTION OF GEORGIA OFFICIAL AND STATISTICAL REGISTER. No. 15 (House Resolution No. 33). A Resolution. Whereas, the Office of Secretary of State is the depository of statistical and informational documents, and Whereas, The General Assembly of Georgia in the past has directed the Secretary of State to prepare and distribute the Georgia Official and Statistical Register, and Whereas, The Georgia Official and Statistical Register

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is the only document in the State that has the statistical information that is now being required as a study in the High Schools and Colleges of the State of Georgia. Therefore, the General Assembly of Georgia authorizes the Secretary of State to print and distribute not less than one (1) copy of the Georgia Official and Statistical Register to each member of the General Assembly of Georgia, each department head and each High School in the State of Georgia, and, also, to every unit of the University System, and that the preparing, editing, printing, and distributing to be paid from the funds of the Legislative branch as now provided by law. Approved March 28, 1961. COMPENSATION TO JOHNIE H. KICKLIGHTER. No. 16 (House Resolution No. 19-39). A Resolution. Whereas, a great number of habeas corpus proceedings are handled in the Superior Court of Tattnall County and the City Court of Reidsville due to the fact that Tattnall State Prison is located in Tattnall County; and Whereas, the Clerk of the Superior Court of Tattnall County and City Court of Reidsville is required to perform all the duties connected with such proceedings in addition to the normal flow of work; and Whereas, the additional duties required of him by virtue of such habeas corpus proceedings place an undue burden upon said clerk; and Whereas, the great majority of the petitioners in said habeas corpus proceedings due to their poverty are unable to pay costs in such proceedings; and

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Whereas, there are no provisions of law under which said clerk may be compensated for this great amount of extra, burdensome work; and Whereas, there are thirty-six habeas corpus cases in the Superior Court of Tattnall County and the City Court of Reidsville for which said clerk has not been paid costs, which costs amount to a total of $601.50; and Whereas, Honorable Johnie H. Kicklighter is the clerk of both the Superior Court of Tattnall County and the City Court of Reidsville: Now, therefore be it Resolved, by the House of Representatives, the Senate concurring, That Honorable Johnie H. Kicklighter, Clerk of the Superior Court of Tattnall County and the City Court of Reidsville be compensated in the amount of $601.50, which amount is the total of costs due in habeas corpus proceedings in both of said courts, and that the State Board of Corrections is hereby authorized and directed to pay said sum out of the appropriations provided for said board. State Board of Corrections State Capitol Atlanta, Georgia In account with Johnie H. Kicklighter Clerk of Superior and City Courts Reidsville, Georgia Raiford West Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50

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John Roberson Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 Sheriff Service 5.00 Transcribing Fee 22.00 2 certificates and seals 2.00 Recording Judgment 2.00 $35.00 John F. Corbin Vs. R. P. Balkcom, Jr., Warden Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 Hoke S. Greer Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 (2) Certificates Seals 3.00 Rec. Judgment 2.00 Rec. Remittitur 1.00 Transcribing Fee 16.00 $26.00

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Harold Hill Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 (2) Certificates Seals 3.00 Rec. Judgment 2.00 Rec. Remittitur 1.00 Transcribing Fee 8.00 $18.00 Vernon Collins Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 $3.50 Jennings Edward Fields Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 George H. Peek Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50

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Paul W. Connelly Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 (2) Certificates Seals 3.00 Transcribing Fee 26.25 Rec. Judgment 2.00 $35.25 Calvin C. Mullennix Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 (2) Certificates Seals 3.00 Transcribing Fee 20.00 Rec. Judgment 2.00 $29.00 John Joseph Boyagian Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 James O. Wooten Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50

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William Golden Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 Rec. Judgment 2.00 (2) Certificates Seals 3.00 Transcribing Fee 18.00 Rec. Remittitur 1.00 $28.00 James D. Forrest Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 $3.50 John A. Maloney Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 Willie A. Williamson Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50

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John A. Maloney Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 (2) Certificates Seals 3.00 Transcribing Fee 23.50 Rec. Judgment 2.00 $32.50 John Hill Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 Hugh Roy Conner Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 Lem Dupree Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Order .50 (2) Certificates Seals 3.00 Rec. Judgment 2.00 $9.00

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Hazel Lee Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Amendment .50 Rec. Judgment 2.00 $6.00 Edward Elmo Fallen Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Demurrer .50 Filing Paupers Aff. .50 Transcribing Fee 16.25 (2) Certificates Seals 3.00 Rec. Judgment 2.00 $25.75 Melvin A. Grammer Vs. R. P. Balkcom, Jr., Warden In Tattnal Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Transcribing Fee 12.00 Filing Paupers Aff. .50 Filing Notice of Taking Dep. .50 Filing Bill of Exceptions .50 Filing Order for Hearing .50 Filing (2) Demurrers 1.00 Filing Amendments (3) 1.50 (2) Certificates Seals 3.00 Rec. Judgment 2.00 $25.00

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Melvin A. Grammer Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Bill of Exceptions .50 Transcribing Fee 120.00 (2) Certificates Seals 3.00 Rec. Judgment 2.00 $125.50 B. H. Sirmans Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 Johnie Kitchens In City Court of Reidsville. Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 Howard D. Rutledge Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50

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Nathaniel Johnson Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Amendment .50 Recording Judgment 2.00 $6.00 William J. Aycock Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 $3.50 Marion S. Enfinger Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 Hugh Roy Conner Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50

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Mrs. Margaret S. Parris Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Bill of Exceptions .50 Filing Order of Probation .50 Transcribing Fee 18.00 Rec. Judgment 2.00 Rec. Remittitur 1.00 (2) Certificates Seals 3.00 $28.50 Joseph E. Watson Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec. Judgment 2.00 $5.50 John M. Gaulding Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville. Habeas Corpus Petition, Filing Answer .50 Filing Bill of Exceptions .50 Transcribing Fee 31.00 (2) Certificates Seals 3.00 Rec. Judgment 2.00 $37.00 A. G. Driskell Vs. R. P. Balkcom, Jr., Warden In Tattnall Superior Court. Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Rec.Judgment 2.00 $5.50

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Paul E. Coates Vs. R. P. Balkcom, Jr., Warden In City Court of Reidsville Habeas Corpus Petition, Filing Docketing 3.00 Filing Answer .50 Filing Amendment .50 Filing Pauper Aff. .50 Filing Bill of Exceptions .50 Transcribing Fee 21.00 (2) Certificates Seals 3.00 Rec. Judgment 2.00 $31.00 Total $601.50 State of Georgia, County of Tattnall. I, Johnie H. Kicklighter, Clerk of the Superior Court of Tattnall County and of the City Court of Reidsville, do hereby certify that the within and foregoing is a true and correct bill of costs due in the within-stated cases. I further certify that each of said cases was tried in the Courts shown herein and that the petitioners named therein were unable because of their poverty, to pay the costs in said cases. This December 28th, 1960. /s/ Johnie H. Kicklighter, Clerk, Superior Court, Tattnall County, Georgia, City Court of Reidsville. Approved March 28, 1961.

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CLEVE COX LANDING DESIGNATED. No. 17 (House Resolution No. 148-447). A Resolution. Naming a certain boat landing in the City of Albany, Dougherty County, Georgia, the Cleve Cox Landing; and for other purposes. Whereas, Honorable Cleve Cox, late deceased of Dougherty County, Georgia was, during his lifetime, an outstanding leader in civic affairs and contributed, without regard to himself, enormous amounts of time and energy for the betterment of the City of Albany, the County of Dougherty, and the State of Georgia; and Whereas, there has been a boat landing constructed on Muckafoonee Creek and said boat landing was constructed at a point immediately south of the highway leading from the City of Albany to Chehaw Park and the lands upon which such boat landing has been constructed were deeded originally by the widow of Cleve Cox to the County of Dougherty, and by the County of Dougherty to the City of Albany, and from the City of Albany to the State of Georgia for the use of The Department of State Parks of the State of Georgia for the use as a boat landing; and Whereas, the deeding of said land by the widow of Cleve Cox was not based upon any consideration, except for the betterment of the community; and Whereas, it is only fit and proper that the memory of the civic accomplishments and contributions of Cleve Cox should be perpetuated. Now, therefore, be it resolved by the General Assembly of Georgia that the boat landing located on Muckafoonee Creek and fronting on Lakeshore Drive, containing approximately 4 acres and being a part

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of the Lakeside subdivision as recorded in plat book 1, page 91, in the office of the clerk of the superior court of Dougherty County, Georgia. The same being a part of land lot #327 of the 1st land district of Dougherty County, is hereby named the Cleve Cox Landing and The Department of State Parks is hereby authorized and directed to designate by appropriate markings, said public boat landing as the Cleve Cox Landing. The cost of placing such markers as may be proper to carry out the intent of this Resolution, shall be from the funds appropriated to or made available to The Department of State Parks of the State of Georgia. Be it further resolved that the Clerk of the House of Representatives is hereby directed to transmit an appropriate copy of this Resolution to Mrs. Cleve Cox and to The Department of State Parks. Approved March 28, 1961. LAND CONVEYANCE TO CLARKE COUNTY AUTHORIZED. No. 18 (House Resolution No. 167-511). A Resolution. Authorizing the conveyance of property to Clarke County; and for other purposes. Whereas, the State of Georgia acquired certain property in the City of Athens, Clarke County, Georgia, for use as a State Farmers Market by deeds executed on the 31st day of August, 1948, and Whereas, a portion of said property has been heretofore conveyed by the State of Georgia, and Whereas, it is desired that the hereinafter described portion of said property be conveyed to Clarke County,

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Georgia, so as to be made available for use in conjunction with the operation of the Georgia State Patrol Barracks and facilities located in Clarke County, Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, for and in behalf of the State of Georgia, is hereby authorized to convey to Clarke County, Georgia, the following described property, to-wit: All that tract or parcel of land lying and being in Athens, Clarke County, Georgia, on the north side of West Broad Street and being more particularly described as follows: Beginning at an iron pin on the north side of West Broad Street, said iron pin being situated 780 feet east of the intersection of West Broad Street and Hawthorne Avenue; running thence along the north side of West Broad Street north 72 degrees 36 minutes east 25 feet to an iron pin which corners with property of Clarke County on which is situated the Georgia State Patrol Barracks; running thence north 17 degrees 24 minutes west 200 feet to an iron pin; running thence south 72 degrees 36 minutes west 25 feet to an iron pin which corners with property of State Farmers Market; running thence south 17 degrees 24 minutes east 200 feet to the beginning point and iron pin. The above described property is more particularly shown according to an individual survey entitled Survey for Clarke County, Georgia, by J. R. Holland, Surveyor, dated October 1960. Be it further resolved that such conveyance shall be subject to previous conveyances by the State of Georgia. Approved March 28, 1961.

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BOARD OF REGENTS URGED TO MAKE ABRAHAM BALDWIN AGRICULTURAL COLLEGE A FOUR YEAR COLLEGE. No. 20 (House Resolution No. 102). A Resolution. Urging the Board of Regents of the University System of Georgia to change the status of the Abraham Baldwin Agricultural College at Tifton, Georgia, from a two-year to a four-year institution. Whereas, in these trying times of world crisis it is imperative that the future leaders of our country have an opportunity to obtain an adequate education; and Whereas, the student capacity of the four-year institutions composing the University System of Georgia is presently taxed beyond reason and due to space limitations, inadequate to meet the educational needs of a large portion of the otherwise qualified young people of Georgia; and Whereas, there is only one four-year institution located South of Macon, Georgia, and this institution is likewise over-crowded; and Whereas, this situation tends to deprive a great number of the future leaders of Georgia and the Nation of an opportunity to obtain adequate preparation through a college education which would decidedly better enable them to meet the challenges presented by our evolving, modern American way of life; Now therefore be it resolved by the General Assembly of Georgia that the Board of Regents of the University System of Georgia is most strongly urged to help alleviate these reprehensible conditions by changing the Abraham Baldwin Agricultural College from a two-year institution to a four-year institution

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so that it may more adequately provide an educational opportunity for the qualified young people of Georgia. Approved March 28, 1961. S. ERNEST VANDIVER BRIDGE DESIGNATED. No. 21 (House Resolution No. 87-269). A Resolution. Relating to the designation of a bridge as the S. Ernest Vandiver Bridge; and for other purposes. Whereas, the State Highway Department of Georgia, the State Highway Department of South Carolina, and the Bureau of Public Roads, U. S. Department of Commerce, are jointly constructing a bridge crossing over the Tugaloo River between Hart County, Georgia, and Oconee County, South Carolina, on National Interstate Highway No. 85; and Whereas, this crossing will be built of enduring and solid materials signifying the lasting service and permanent benefits that will be rendered to the immediate community, to the surrounding region and to the two States and the Nation; and Whereas, the State Highway Board of Georgia deems it appropriate at this time to propose naming the bridge structure to honor an outstanding citizen and illustrious family of the community and of the region and State, to be a memorial to the service and civic leadership of this citizen and his family; and Whereas, Honorable S. Ernest Vandiver served as a member of the State Highway Board of Georgia, and participated in the development of a sound economy and a progressive policy in the Highway Department operations as well as in the region's farming, business, social, educational and political affairs; and

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Whereas, Governor S. Ernest Vandiver the son of Honorable S. Ernest Vandiver, the former member of the Georgia State Highway Board, as the Governor of our State is carrying forward the family name with honor and outstanding distinction, exemplifying the leadership of this fine family in affairs of the whole area; and Whereas, the breadth of influence and leadership of this family has long extended beyond the borders of the county or the state into the national realm, and recognition by homefolks and neighbors could well be broadened by recognition from the agencies participating in the building of the structure over the Tugaloo River; and Whereas, the State Highway Board of Georgia desires to initiate a proposal to name and dedicate the Tugaloo River structure in memory of Honorable S. Ernest Vandiver and his family; Now, therefore, be it resolved by the General Assembly of Georgia that the bridge on Interstate Highway No. 85 over the Tugaloo River between Hart County, Georgia, and Oconee County, South Carolina, is hereby designated as The S. Ernest Vandiver Bridge upon the concurrence of the South Carolina State Highway Board. Such structure is dedicated as a memorial to Honorable S. Ernest Vandiver former member of the State Highway Board of Georgia and as a testimonial to his illustrious son, Governor S. Ernest Vandiver, and to their families. Be it further resolved that copies of this resolution be transmitted to the State Highway Board of Georgia and the State Highway Board of South Carolina. Approved March 28, 1961.

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CONVEYANCE OF LAND TO WILLIAM M. RANSOM AND KERRY E. RANSOM AUTHORIZED. No. 22 (House Resolution No. 107-283). A Resolution. Authorizing the conveyance of certain real property lying and being in the 8th district and 4th section of Walker County, Georgia and being a part of land lot no. 193 in said district and section; and for other purposes. Whereas, William M. Ransom and Kerry E. Ransom of Walker County, Georgia are now in the process of constructing a filling station on a parcel or tract of land which includes All that tract or parcel of land lying and being in the 8th district and 4th section of Walker County, Georgia and being a part of land lot no. 193 in said district and section and being in the northwest portion of said land lot no. 193 and more particularly described as follows: Being that portion of the right-of-way, 50 feet wide, lying 25 feet on each side of the center line of said public road right-of-way as described in deed from William Glass to United States of America dated August 19, 1897, and recorded April 5, 1899, in deed book 13, page 88 and shown on plat attached to said deed recorded in deed book 13, page 89, recorded in the office of the Clerk of Superior Court of Walker County, Georgia, and being that portion of such right-of-way 50 feet wide which lies between the present U. S. Highway No. 27 on the East and right-of-way of Central of Georgia Railway Company on the West, and which runs through the lot or parcel of land of William M. Ransom and Kerry E. Ransom as shown on survey and plat of said tract or parcel of land of William M. Ransom and Kerry E. Ransom made by H. L. Campbell, Walker County Surveyor, on April 13, 1960 and recorded in the office of the Clerk of Superior Court of Walker County, Georgia in Plat Book 4, page 267.; and

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Whereas, the tract or parcel of land above described was transferred by deed to the United States of America on the 19th day of August, 1897, by William Glass of Walker County, Georgia, said deed being recorded in deed book no. 13, page 88 of the Walker County Deed Records and a plat of said tract or parcel of land is recorded in deed book no. 13, page 89 of the Walker County Deed Records; and Whereas, a tract or parcel of land including the tract or parcel of land above described was transferred by deed to the State of Georgia by the United States of America on the 15th day of July 1930, said deed being recorded in deed book no. 60, pages 50 and 51 of the Walker County deed records; and Whereas, the said deed to the State of Georgia from the United States of America contains the following provision Provided always, and this instrument is made upon the express condition that the grantee, its successors or assigns will at all times maintain in a good and passable condition for public highway purposes the LaFayette Extension Road as relocated under the provisions of the Act of May 9, 1928, supra, commencing at Lee and Gordon's mill and extending to LaFayette, Georgia, and if the said grantee, its successors, or assigns shall cease to so maintain the road as relocated and improved as provided for aforesaid, then the said Government owned or controlled approach road hereby quitclaimed shall revert to and revest in the United States of America and its assigns, without notice, demand, or action brought.; and Whereas, William M. Ransom and Kerry E. Ransom have had a plat made of said tract or parcel of land showing that the right-of-way of no Federal or State Highway, County Road or City Street now adjoins, crosses or occupies the tract or parcel of land above described, said plat being recorded in plat book 4, page 267 of the Walker County Records; and Whereas, said tract or parcel of land has been

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abandoned since 1930 and the United States of America, State of Georgia or Walker County, Georgia has never, since 1930, claimed any right, title or interest to said land but to the contrary abandoned said tract or parcel of land by relocating the road thereon. Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor of the State of Georgia is hereby authorized, directed and empowered to convey, on behalf of the State of Georgia, to William M. Ransom and Kerry E. Ransom, for such consideration as may be agreed upon, all rights, titles and interest now held by the State of Georgia in and to the following described real estate, to-wit: All that tract or parcel of land lying and being in the 8th district and 4th section of Walker County, Georgia and being a part of land lot no. 193 in said district and section and being in the northwest portion of said land lot no. 193 and more particularly described as follows: Being that portion of the right-of-way, 50 feet wide, lying 25 feet on each side of the center line of said public road right-of-way as described in deed from William Glass to United States of America dated August 19, 1897, and recorded April 5, 1899, in deed book 13, page 88 and shown on plat attached to said deed recorded in deed book 13, page 89, recorded in the office of the Clerk of Superior Court of Walker County, Georgia, and being that portion of such right-of-way 50 feet wide which lies between the present U. S. Highway No. 27 on the east and right-of-way of Central of Georgia Railway Company on the west, and which runs through the lot or parcel of land of William M. Ransom and Kerry E. Ransom as shown on survey and plat of said tract or parcel of land of William M. Ransom and Kerry E. Ransom made by H. L. Campbell, Walker County surveyor, on April 13, 1960 and recorded in the office of the Clerk of Superior Court of Walker County, Georgia in plat book 4, page 267. Approved March 28, 1961.

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PREFERENCE TO PRODUCTS MANUFACTURED IN GEORGIA. No. 23 (House Resolution No. 264). A Resolution. Relative to Georgia products; and for other purposes. Whereas, there has been instituted in this State a concentrated program relative to the securing of new industry for Georgia, which program is highly desirable; and Whereas, in carrying out this program it has become apparent that a tendency exists to overlook industry which is already in this State, and which industry is certainly more important to the economy of Georgia than is industry which is not located here; and Whereas, Georgia should continue in every manner possible to give encouragement to local industry and should not exclude such industry in any type of program particularly with regard to the purchasing of products manufactured in this State; and Whereas, products which are manufactured in Georgia are as good or better than products manufactured anywhere in the county, and such products should be used whenever possible to do so; and Whereas, the law relating to the State Purchasing Department provides that it shall be the duty of the Supervisor of Purchases to give preference wherever possible to Georgia materials, supplies, equipment and printing; Now, therefore, be it resolved by the General Assembly of Georgia that this Body goes on record as stating that the above law should be carried out and complied with and Georgia products should be given

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preference wherever possible. This Body agrees with the program of securing new industry for the State but hereby declares that any such program should not be administered to the detriment of local industry. This Body hereby declares where any State funds are used in the construction of buildings that the architects and engineers should provide specifications whereby Georgia products, which are equal or superior to other products could be used. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor, the State Supervisor of Purchases and to the Director of the State Department of Commerce. Approved March 28, 1961. ATTORNEY-GENERAL TO STUDY PUPIL PLACEMENT REQUIREMENTS. No. 24 (House Resolution No. 225). A Resolution. Relative to the study of admission requirements and pupil placement in public schools; and for other purposes. Whereas, the recent decisions of the Federal Judiciary have resulted in the General Assembly of Georgia enacting legislation pertaining to education, and Whereas, the recent Federal decisions in Georgia highlight the need for the several Boards of Education to have full and complete knowledge as to the permissive area in which enrollement restrictions, qualification, and pupil placement may be exercised, and Whereas, it is desirable that this information be

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furnished to the several Boards of Education at an early date, Now, threefore, be it resolved by the General Assembly of Georgia that the Attorney General be and he is hereby authorized and directed to make a complete and exhaustive study of pupil placement admission requirements in institutions of public learning and to furnish information and recommendations to the several Boards of Education of this State having control and supervision over the public school system. The Attorney General shall make every effort to make such study, recommendations and suggestions at the earliest possible date. Approved March 28, 1961. EXCHANGE OF LAND IN MUSCOGEE COUNTY AUTHORIZED. No. 25 (House Resolution No. 18-39). A Resolution. Authorizing the Governor to convey certain real estate owned by the State in Muscogee County and used for military purposes to the City of Columbus, in exchange for a conveyance by the City of Columbus to the State of certain other real estate located in Muscogee County, Georgia, suitable for use for military purposes and acceptable by the Military Department for such usage. Whereas, the State of Georgia now owns certain real estate located in the City of Columbus, County of Muscogee, under certain conveyances from the City of Columbus, dated May 2, 1950, May 11, 1954, and June 28, 1955, and such land is being used by the State for military purposes; and, Whereas, the Military Department of the State has

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need for certain additional real estate adjacent to the property conveyed by the abovementioned deeds and the City of Columbus has agreed to convey to the State such additional real estate in exchange for the reconveyance by the State to the City of a portion of the real estate described in the above referred to deeds, which exchange of real estate is satisfactory and acceptable to the Military Department of the State as well as to said city; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that upon receipt of a conveyance from the City of Columbus, a municipal corporation of the State of Georgia, conveying to the State of Georgia title to another tract of land located in the immediate vicinity of the hereinafter described real estate, which other real estate is suitable and acceptable to the Military Department of the State of Georgia for use for military purposes, the Governor is hereby authorized and empowered to convey, on behalf of the State of Georgia, to the City of Columbus, a municipal corporation of the State of Georgia, all interest now held by the State in the following described real estate, to-wit: Parcel A All that tract and parcel of land situate, lying and being in the State of Georgia, County of Muscogee, and the City of Columbus, being a part of the Municipal Airport lands in said City of Columbus, which is more particularly described as follows: Beginning at the most southerly corner of the Columbus Municipal Airport boundary on the northeasterly right of way line of U. S. Highway No. 27 and the coordinates of which point are X-254, 805.74 and Y-887, 770.66 Plane CoordinatesFor a point of beginning of this Conveyance, and from said beginning point running north 55 05[UNK] west, 375.00 feet, along the northerly right-of-way line of U. S. highway 27, to a point; thence running north 30 46[UNK] 16[UNK] east,

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234.43 feet to a point on the original boundary line of said municipal airport lands; thence running south 10 52[UNK] west, 55.32 feet along the original boundary line of said municipal airport to a point; thence running south 66 58[UNK] east, 163.80 feet along said original boundary line of municipal airport to a point; thence running south 4 20[UNK] west, 158.95 feet, along said original boundary line of municipal airport to a point; thence running south 80 17[UNK] east, 98.15 feet along said original boundary line of municipal airport to a point; thence running south 22 57[UNK] east, 66.78 feet along said original boundary of municipal airport to a point; thence running south 46 07[UNK] west, 88.15 feet along said original boundary line of municipal airport to the point of beginning. Parcel B All that tract and parcel of land situate, lying and being in the State of Georgia, County of Muscogee, and City of Columbus, being a part of the municipal airport lands in said City of Columbus, which is more particularly described as follows: Beginning at the most southerly corner of the Columbus Municipal Airport boundary on the northeasterly right-of-way line of U. S. Highway no. 27 and the cordinates of which point are X-154, 805.74 and Y-887, 770.66 plane coordinates; thence running north 55 05[UNK] west, 375 feet along the northerly right-of-way line of U. S. Highway 27, to a point; thence running north 30 46[UNK] 16[UNK], 234.43 feet to a point; thence running north 10 52[UNK][UNK]t, 28.48 feet along the original boundary line of municipal airport to a point; thence running north 65 46[UNK], east, 16.9 feet to a pointFor a point of beginning of this conveyance, and from said beginning point running north 65 46[UNK] east, 179.6 feet along the original boundary line of said municipal airport to a point; thence running north 55 05[UNK] west, 103.2 feet to a point; thence running south 30 46[UNK] 16[UNK] west, 155.6 feet to the point of beginning. Approved March 28, 1961.

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RULES ADOPTED UNDER GEORGIA MOTORBOAT NUMBERING ACT CONFIRMED. No. 26 (House Resolution No. 144-415). A Resolution. Confirming rules and regulations promulgated by the State Game and Fish Commission pursuant to the Georgia Motorboat Numbering Act; and for other purposes. Whereas, Section 10A of the Georgia Motorboat Numbering Act, approved March 7, 1960 (Ga. L. 1960, p. 235), provides as follows: Section 10A. The Commission, to promote safety in boating, is hereby authorized to adopt, promulgate and enforce safety rules and regulations relative to boat equipment, operation, lights and navigation rules as the Commission shall deem necessary; provided, however, that such rules and regulations promulgated and adopted by the Commission each year shall remain in force and effect until the next regular session of the General Assembly, at which time the General Assembly shall confirm or reject said rules and regulations. ; and Whereas, rules and regulations referred to in the above quoted section have been promulgated and adopted by the State Game and Fish Commission, copies of which are hereto attached and hereby made a part hereof; Now, therefore, be it resolved by the General Assembly of Georgia that pursuant to the above quoted section, said rules and regulations are hereby confirmed. Be it further resolved that the Clerk of the House

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is hereby directed to transmit a copy of this resolution to the Governor, the Secretary of State, the Attorney General, and to the Director of the State Game and Fish Commission. State Game and Fish Commission. 401 State Capitol Atlanta 3, Georgia Regulations Relative to Boating Safety, Motorboat Numbering and the Reporting of Motorboat Accidents. PURSUANT TO AND BY AUTHORITY OF an Act of the General Assembly of Georgia, 1960 session, Known as the Georgia Motorboat Numbering Act, approved March 7, 1960 and more particularly section 7 (a), section 10, and section 10A thereof, the following rules and regulations relative to boat equipment, operation, lights, navigation rules and numbering procedures are hereby promulgated and adopted by the Commission, to wit: Section 1. Any person operating a boat, vessel, or watergoing craft on the waters of this State shall observe the following rules and regulations: (a) No person shall operate any watercraft or manipulate any water skis, aqua-plane, or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person. (b) When watercraft approach each other obliquely or at right angles, the watercraft approaching on the right side shall have the right of way, and the other craft must stay clear. (c) Watercraft passing close to swimming areas, docks, floating boat houses, moored boats, or boats engaged in fishing or similar activities, must adjust their speed so as to prevent their wash or wake from

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causing damage or unnecessary inconvenience to occupants of the area or other craft. (d) No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other operating conditions. (e) No person shall operate a motorboat on any of the waters of this State towing a person on water skis, an aqua-plane, or similar device, nor shall any person engage in water skiing, aqua-planing, or similar activity unless such person being towed is wearing a life preserver. Provided, that this regulation shall not apply to persons engaging in organized water ski tournaments, competitions, expositions, or trials therefor. (f) No person shall operate a motorboat on any of the waters of this State towing a person on water skis, an aqua-plane, or similar device, nor shall any person engage in water skiing, aqua-planing, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise. (g) The operators of all motorboats and the operator of any watercraft on the public lakes and the navigable streams shall have aboard one life preserver, buoyant vest, ring buoy, or buoyant cushion, of the type approved by the U. S. Coast Guard, in good and serviceable condition for each person on board. (h) No person shall operate any watercraft on any of the waters of this State during hours of darkness unless showing a light sufficient to make the watercraft's presence and location known to any and all other craft within a reasonable distance. (i) As used in these rules and regulations, the term watercraft shall be defined as any contrivance, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (j) Any motorboat, when operated upon the salt

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waters of this State or the marginal sea adjacent to this state, shall be required to comply with the regulations of the U. S. Coast Guard pertaining to lifesaving equipment, fire extinguishers, lights and other equipment and shall observe the Inland or International Rules of the Road where applicable. Section 2. The owner of a watercraft shall be liable for any injury or damage occasioned by the negligent operation of such watercraft, and damage caused by their wake, or in the failure to observe ordinary care. The owner shall not be liable, however, unless such watercraft is being used with his or her express or implied consent. It shall be presumed that such watercraft is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under the control of a member of his or her immediate family. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have. Section 3. The numbering pattern to be used shall be as follows: (a) The identification numbers awarded under the Georgia Motorboat Numbering Act shall consist of three parts. The first part shall consist of the letters GA indicating this State. The second part shall consist of not more than four (4) arabic numerals. The third part shall consist of not more than two (2) letters. (b) The parts shall be separated by a hyphen or an equivalent space. As examples: GA-1-A; GA-1234-AA; GA 56 ZZ (c) Since the letters I, O, and Q may be mistaken for arabic numerals, they shall not be used in the suffix. Section 4. The owner of a motorboat, required to be numbered by the Georgia Motorboat Numbering

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Act, must paint or firmly attach the number awarded on each side of the bow of the boat in such position as to provide easy identification before such boat may be operated on the waters of this State. The numbers shall read from left to right. They must be in block characters of good proportion, not less than three (3) inches in height nor more than one (1) inch apart, of a color that contrasts with the background color of the boat, and must be so maintained as to be clearly visible and legible. No other number may be displayed on either side of the bow. Section 5. A person engaged in the manufacture or sale of motorboats of a type requiring numbering by the Georgia Motorboat Numbering Act may obtain certificates of number for use in the testing or demonstration only of such motorboats which number may be in such form as to be easily transferred from one boat to another in the same class range. Boat dealers desiring such registration shall make application on standard motorboat registration forms which must be accompanied by an affidavit stating that he is a boat dealer. For the purpose of this regulation, a boat dealer shall be defined as any person engaged in the business of manufacturing boats or selling new or used boats at an established place of business and having boats in possession. Numbers assigned by such certificates may be used by temporary placement on motorboats within the certificate's class range when they are tested or demonstrated and must be plainly marked Boat Dealer. Such temporary placement of numbers of registration shall otherwise be as prescribed by the Commission. It is the explicit intent of this regulation to provide that only one motorboat be operated under one such certificate of number at any given time. Section 6. If a certificate of number is lost or destroyed, a duplicate certificate will be issued by the Commission upon receipt of a properly filled-in standard motorboat registration form marked DUPLICATE, accompanied by an affidavit stating the circumstances

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of the loss together with a money order or cashier's check in the amount of $1.00. Section 7. The application for a number shall include the following: (a) Name and address of owner. (b) Citizenship of Owner. (c) Present number on boat (if any). (d) Hull material, (wood, steel, aluminum, plastic, other). (e) Type of propulsion (outboard, inboard, other). (f) Type of fuel (gas, diesel, other). (g) Make, model and year built (if known). (h) Length. (i) Statement as to use (pleasure, livery, dealer, commercial-fishing, commercial-passenger, other). (j) A statement of ownership by applicant. (k) Signature of owner. Section 8. The certificate of number shall show the following: (a) Name and address of boat owner. (b) Number issued. (c) Expiration date. (d) Make or model or type of boat. (e) Hull material (wood, steel, aluminum, plastic, other). (f) Length of vessel. (g) Propulsion (inboard, outboard, other). The certificate of number shall be available at all times for inspection upon demand on the motorboat whenever such motorboat is in operation. Provided,

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however, that a decal meeting the approval of the Director of, and issued by, the State Game and Fish Commission may be used by owners of motorboats numbered in compliance with the Georgia Motorboat Numbering Act, so as to facilitate enforcement procedures and to serve as a convenience to the owners of the numbered craft. Such decal shall be attached to the sprayshield (windshield) of such motorboat in a position which will facilitate the inspection thereof, except that on motorboats not equipped with sprayshields, a metal or wooden plate shall be provided for the attachment of such decal, which plate shall be in a position adjacent to the control point of the motorboat and which shall be mounted so as to be clear to the view of and accessible to boarding and inspecting officers. Section 9. The reporting of motorboat accidents shall be in accordance with the following procedure: (a) A written report is required whenever any one or more of the following occurs on board, or involving any motorboat: (1) The death of any person from whatever cause; (2) The disappearance of any person from on board under circumstances which suggest any possibility of their death or injury; (3) The injury of any person sufficient to cause their incapacitation for 72 hours or longer; (4) The loss or damage to property of any kind (including the motorboat) in an amount of $100.00 or more. (b) Whenever death or injury has (or may) result from a boating accident, a written report shall be submitted to the State Game and Fish Commission within 48 hours. For every other reportable boating accident, a written report shall be submitted within five (5) days.

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(c) Every written report of a boating accident shall be submitted on forms supplied by the State Game and Fish Commission and which contain the following information: (1) The numbers and/or names of the vessels involved. (2) The locality where the accident occurred. (3) The date and time of the accident. (4) The weather and water conditions. (5) The name, address, age and boating experience of the operator of the reporting boat. (6) The names and addresses of the operators of other boats involved. (7) The names and addresses of the owners of boats or other property involved. (8) The names and addresses of all persons killed or injured. (9) The nature and extent of injury to any person. (10) A description of damage to any property (including boats) and estimated cost of repairs. (11) A description of the accident (including opinions as to the causes). (12) The length, propulsion, horsepower, fuel and construction of the reporting vessel. (13) Names and addresses of known witnesses. Section 10. No one other than the game and fish commission shall reproduce, by any means whatsoever, a Georgia certificate of Number for a motorboat. Section 11. Any person violating any of the foregoing rules and regulations shall, upon conviction thereof, be punished as for a misdemeanor.

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Section 12. These rules and regulations shall become effective thirty (30) days after posting as required by Law. I, Richard Tift, Chairman of the State Game and Fish Commission of Georgia, do certify that the foregoing is a complete copy of the rules and regulations promulgated and adopted by the Commission in regular meeting on the 31st day of March, 1960, copy of the minutes of which meeting is on file in the office of the State Game and Fish Commission. Given under my hand and the Official Seal of the Georgia Game and Fish Commission on the 31st day of March, 1960. /s/ Richard Tift Chairman State Game and Fish Commission State of Georgia /s/ C. P. Palmer Notary Public, DeKalb Co., Ga. My Commission expires May 12, 1963 (Seal) /s/ Fulton Lovell Director, State Game and Fish Commission Witnessed by: /s/ C. P. Palmer Notary Public, DeKalb Co., Ga. My Commission expires May 12, 1963. Approved March 28, 1961.

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McMULLAN BOULEVARD DESIGNATED. No. 30 (House Resolution No. 168-511). A Resolution. Designating a portion of U. S. Highway No. 29 as McMullan Boulevard; and for other purposes. Whereas, the Hartwell Dam which is being constructed on the Savannah River six miles northeast of Hartwell, Georgia, will materially contribute to the economic and recreational welfare of Hart County; and Whereas, the main thoroughfare from Hartwell to the Hartwell Dam goes through the Sardis Community and by the Sardis Baptist Church; and Whereas, for over one hundred years the McMullan Family has contributed to the cultural, educational and religious welfare of the Sardis Community and Hart County; Now, therefore, be it resolved by the General Assembly of Georgia that that portion of U. S. Highway No. 29 in Hart County leading from Adams Store to Hartwell Dam be designated as McMullan Boulevard in tribute to and as a memorial to the McMullan Family. Be it further resolved that the State Highway Department is hereby authorized and directed to provide suitable markers for the above designation. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each member of the State Highway Board. Approved March 28, 1961.

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COBB BRIDGE DESIGNATED. No. 31 (House Resolution No. 28-51). A Resolution. To designate a bridge across the Coosawattee River in Gilmer County, Georgia, near the intersection of State Highway Numbers 5 and 282, as the Cobb Bridge, and for other purposes. Whereas, the Georgia Rural Roads Authority and the State Highway Department of Georgia have constructed a bridge over the Coosawattee River in Gilmer County, Georgia, on a post road known as an extension of State Highway No. 282 connecting State Highway No. 5 with State Highway No. 52, and Whereas, the strong and enduring nature of the structure over this river symbolizes the substantial strength and useful public service that have long characterized the fine people of Ellijay and Gilmer County during the years of growth and development of this great North Georgia area, and Whereas, it has been represented to the State Highway Board that the local people desire to commemorate the helpful attitude and solid stability demonstrated by one of the old families of the area by recognizing and honoring one of its most respected members through giving his name to the said bridge over the said Coosawattee River, the said State Highway Board has adopted a resolution naming the bridge as the Cobb Bridge as a tribute to Honorable J. P. Cobb, Sr., and his honored family. Now, therefore, be it resolved by the General Assembly of Georgia that the bridge across the Coosawattee River shall hereafter be designated as the Cobb Bridge and the State Highway Department officials are directed to have placed on the said bridge,

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an appropriate sign or placque indicating to the public the name hereby designated. Approved March 28, 1961. ELECTION LAWS STUDY COMMITTEE. No. 36 (House Resolution No. 166-463). A Resolution. Creating the Election Laws Study Committee; to repeal a resolution providing for an Election Laws Study Committee, approved March 7, 1957 (Ga. L. 1957, p. 257); and for other purposes. Whereas, many problems concerning registration, voting and elections arose during the preceding year relative to the holding of primaries and general elections, some of which caused needless dissension among the citizens of this State; and Whereas, a majority of these problems stemmed from ambiguities, inconsistencies and omissions in the laws of this State relating to the various phases of elections, many of which laws have not been changed in over fifty years; and Whereas, it is felt that a study of the election laws and related laws should be made, with a view towards revision and clarification thereof; Now, therefore, be it resolved by the General Assembly of Georgia, that there is hereby created the Election Laws Study Committee. The Committee shall be composed of fifteen members, as follows: The Lieutenant Governor, the Speaker of the House, five members of the House to be named by the Speaker, three members of the Senate to be named by the Lieutenant Governor, the Secretary of State, the Attorney

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General, two Ordinaries to be named by the Governor, and one County Registrar to be named by the Governor. The members of the Committee who are to be named, shall be so named within thirty days after the approval of this resolution by the Governor or after it otherwise becomes law. Members. The Secretary of State is hereby designated as chairman of the committee, and the committee shall meet within thirty days after all members have been named, for the purpose of organizing and electing such other officers as deemed desirable by the committee and adopting procedures for the operation of the committee. The date of this organizational meeting shall be set by the chairman, who shall give ample notice to the members of the committee as to the date, time and place of such meeting. Future meetings of the committee shall be held upon call of the chairman and under such other procedures as may be adopted by the committee. A majority of the membership of the committee shall constitute a quorum for the conducting of business of the committee, and a majority vote of the quorum shall be sufficient for transacting the business of the committee. Chairman, meetings. The committee shall conduct a study of the election laws of this and other States and all laws relating directly or indirectly to such election laws. The committee is authorized to hold public hearings, if deemed advisable. It shall make a report by December 1, 1961, of its findings and recommendations to the 1962 session of the General Assembly, which report shall be accompanied by suggested legislation. The committee shall continue its work and make a final report to the 1963 session of the General Assembly on or before January 15, 1963, on which date the committee shall stand abolished. In order to perform its duties more efficiently the committee is hereby authorized to employ clerical help and fix the compensation therefor. It is authorized to have its reports printed if deemed desirable, and shall make such distribution thereof as deemed advisable. The chairman may appoint

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subcommittees and the committee may adopt any procedures which it feels will enable it to carry out the purposes of this resolution. The Office of Legislative Counsel, the Assistant to the Secretary of State, and an assistant Attorney General, designated by the Attorney General shall assist the committee in its study. They shall be compensated for such purposes from the same funds from which they are otherwise compensated, in an amount to be determined by the heads of their respective departments. The Secretary of State is hereby authorized to furnish secretarial assistance from his office and provide payment therefor from funds appropriated to such office. The committee is authorized to procure materials, supplies and equipment for carrying out the purposes of this resolution. All members of the committee, except the Secretary of State and the Attorney General, shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Secretary of State and the Attorney General shall receive the compensation authorized by law for ex officio offices. All funds necessary for the purposes of this resolution, except as otherwise provided herein, shall come from the funds appropriated to or available to the legislative branch of the government. Duties. Clerical help. Expenses. Provided, however, that said Committee shall be limited to a total time of twenty (20) days for the purposes herein set forth. A resolution providing for an Election Laws Study Committee, approved March 7, 1957 (Ga. L. 1957, p. 257), is hereby repealed in its entirety. 1957 Resolution repealed. Approved March 28, 1961.

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RESTORATION OF FORT McALLISTER AUTHORIZED. No. 37 (House Resolution No. 128-383). A Resolution. Authorizing an appropriation to the Georgia Historical Commission for the purpose of restoring Fort McAllister in Bryan County; and for other purposes. Whereas, Fort McAllister, which is located in Bryan County, is one of the most famous of all of the forts occupied by the Confederacy, its defenders having been cited and commended twice by the Confederate Congress for their bravey in defending this strategic location during the War Between The States; and Whereas, this location is deeply endowed with a rich natural beauty and historical background; and Whereas, while this property was in the hands of the famous Henry Ford family, the sum of $200,000.00 was spent in restoring the underground barracks and brick furnace which was used to heat cannon balls; and Whereas, this expenditure by Mr. Ford accomplished the more expensive restoration projects; and Whereas, the Georgia Historical Commission estimates that, for the sum of $75,000.00, among other items, a combination museum, caretaker's cabin, and rest room facilities can be constructed at this site which now belongs to the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the Budget Bureau is hereby authorized and requested to make available to the Georgia Historical Commission the sum of $75,000.00,

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if and when available, to be used in completing the restoration of this famous fort. Approved March 28, 1961. CONSTRUCTION OF LONNIE POPE BRIDGE AUTHORIZED. No. 39 (House Resolution No. 295). A Resolution. Relative to construction of a bridge between St. Mary's, Georgia and Fernandina, Florida; and for other purposes. Whereas, a great need for a bridge between St. Mary's Georgia and Fernandina, Florida has existed for many years; and Whereas, the Legislature of the State of Florida has enacted legislation stating that Florida will bear ninety-eight per cent of the cost for construction of such a bridge, leaving only two per cent of the cost to be borne by the State of Georgia; and Whereas, it would be highly advantageous to the entire State if such a bridge were constructed. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby requested and urged to take whatever steps are necessary to cooperate with the Florida State Highway Department in the construction of a bridge between St. Mary's, Georgia and Fernandina, Florida. Be it further resolved that in the event such a bridge is constructed, it be designated as the Lonnie Pope Bridge.

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Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each member of the State Highway Board. Approved March 28, 1961. COMMITTEE TO STUDY UNIFORM COMMERCIAL CODE. No. 40 (House Resolution No. 210-614). A Resolution. Creating a committee to study the Uniform Commercial Code; and for other purposes. Whereas, the American Law Institute and the National Conference of Commissioners on Uniform State Laws adopted in 1952, under approval of the American Bar Association, an official draft of the Uniform Commercial Code, which is a complete treatment of the varied fields of law relating to commercial law; and Whereas, it is the recommendation of both the Institute and the Conference that the Uniform Commercial Code be adopted in all states so that a greater degree of certainty and uniformity in the field of commercial law will prevail in the United States; and Whereas, the Code has now been adopted in several states, and it would be advantageous to the State of Georgia to have a study made in order to determine the effect of the Code upon the laws of this State; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Uniform Commercial Code Study Committee. The Committee shall be composed of the following members.

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Three members of the House of Representatives, to be named by the Speaker of the House;; Two members of the Senate, to be named by the Lieutenant Governor; Two members of the Georgia Bar Association, to be named by the President of the Association; Two members of the Georgia Bankers' Association, to be named by the President of the Association. The members of the Committee shall be appointed within 30 days after the approval of this resolution by the Governor, or within 30 days after it otherwise becomes law. The Committee shall meet within 30 days after all members have been named for the purpose of organizing and electing a Chairman, a Secretary and such other officers as deemed advisable by the Committee. At such first meeting, the Committee shall adopt procedures for its operation and act upon such other matters as deemed advisable. Future meetings of the Committee shall be held upon call of the Chairman and under such other procedures as may be adopted by the Committee. A majority of the membership of the Committee shall constitute a quorum but a majority vote of the Committee shall be necessary for transacting the business of the Committee. The Committee shall conduct a thorough study of the Uniform Commercial Code and shall make a report of its findings and recommendations to the General Assembly, State and local officials and other interested persons. The Committee is authorized to hold public hearings, if deemed advisable. The Committee shall make its report on or before December 1, 1961, on which date the committee shall stand abolished. The Committee is hereby authorized to appoint subcommittees and adopt any procedures which it feels

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will best serve the purposes for which it is created. All legislative members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislators who are members of interim legislative committees. The other members shall only receive actual expenses incurred in performing their duties under this resolution. All funds necessary for the purposes of this resolution shall come from the funds appropriated to the legislative branch of the government and from any other available funds. Approved March 28, 1961. GOVERNOR'S MANSION COMMITTEE. No. 41 (House Resolution No. 235-694). A Resolution. Creating a committee relative to the construction of a new Governor's Mansion; and for other purposes. Whereas, after many long years, most of the various departments of the State Government are housed in quarters which are adequate and which are conducive to better working conditions; and Whereas, the Governor's office has been renovated and is now in a condition befitting the office of the Chief executive of the sovereign State of Georgia; and Whereas, in keeping with this trend, it is only fitting and proper that the residence of the Governor of Georgia portary and reflect the charm, the hospitality, and the graciousness of the State of Georgia; and Whereas, the present abode of the Chief Executive is a cold, gray, austere, medieval structure and is not

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at all desirable as a residence for the Chief Executive; and Whereas, the acquisition of a new Governor's Mansion would be of great benefit to the State and would be an achievement to which the citizens of Georgia could point with justifiable pride; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee to be known as the Governor's Mansion Committee. Said committee shall be composed of three members of the House to be appointed by the Speaker, two members of the Senate to be appointed by the President, the State Auditor, the Secretary of State, and four laymen to be appointed by the Governor. The Secretary of State shall be chairman of the committee. All members of the committee, except the State Auditor and the Secretary of State, shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The State Auditor and the Secretary of State shall receive the compensation provided by law for exofficio offices. The committee shall elect a vice-chairman, a secretary and such other officers as deemed desirable. The committee shall meet upon the call of the chairman and under such other procedures as may be adopted by the committee. All members of the committee shall be notified as to the time, place and date of all meetings. A majority of the membership of the committee shall constitute a quorum for the conducting of the business of the committee, but a majority vote of the entire membership of the committee shall be necessary for the transacting of business by the committee. The committee shall make a report of its findings and recommendation on or before December 1, 1961, on which date the committee shall stand abolished. The legislative members of the committee shall be paid from the funds appropriated to or available to the legislative branch of the government, and the Secretary

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of State and the State Auditor shall be paid from funds appropriated for that purpose. The laymen members of the committee shall be paid from funds appropriated to the Executive Department. The committee shall study the advisability and feasibility of constructing a new Governor's Mansion. Approved March 28, 1961. PAUL A. GREEN BRIDGE DESIGNATED. No. 43 (House Resolution No. 185-574). A Resolution. Designating the Paul A. Green Bridge; and for other purposes. Whereas, Paul A. Green was an outstanding citizen of Rabun County; and Whereas, Mr. Green represented R[UNK]abun County in the General Assembly from 1947 until the time of his death in 1958; and Whereas, this outstanding citizen, during his entire life, contributed immeasurably to the political and business life of his community; and Whereas, it is only befitting that a memorial be erected in memory of his outstanding accomplishments. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to erect an appropriate marker on the new bridge constructed on U. S. Highway No. 441 over Tiger Creek in Rabun County designating said bridge the Paul A. Green Bridge. Approved March 28, 1961.

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MEMORY OF DR. THOMAS B. JANES HONORED. No. 44 (House Resolution No. 99). A Resolution. To honor the memory of the late Dr. Thomas B. Janes, Georgia's first Commissioner of Agriculture; to provide for an appropriate marker on his grave and on the highway right-of-way near his grave and to provide also for an appropriate marker to mark his old home site in Greene County; and for other purposes. Whereas, the General Assembly of Georgia created a State Department of Agriculture by an Act approved February 28, 1874 (Ga. L. 1874, p. 6), the first State Department of Agriculture in the United States; and Whereas, Dr. Thomas B. Janes, a native of Greene County, Georgia, an alumnus of Princeton and the University of New York and a practicing physician and farmer of Penfield, Georgia, was in September of 1874 appointed Georgia's first Commissioner of Agriculture and is believed to have been the first State Commissioner of Agriculture in the United States; and Whereas, Dr. Janes distinguished himself in this important office by demonstrating and promoting better agricultural practices such as crop rotation, purebred livestock production, improved fertilization practices and other such advanced ideas that materially helped the Georgia farmer of that day; and Whereas, Dr. Janes authored a book entitled Handbook of the Georgia Department of Agriculture which recommended improved agricultural practices for Georgia farmers and helped instruct them in new and better ways of farming, Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Department of Agriculture and the Georgia Historical Commission be

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and are hereby authorized to place an appropriate headstone on the unmarked grave of the late Dr. Thomas B. Janes and to expend funds to defray the cost incurred thereby. Be it further resolved that these same two state agencies be and are hereby authorized to also expend funds to erect appropriate markers on Georgia Highway No. 15 and at other places near the Janes family cemetery to appropriately mark its location and erect markers on the rural road near the old Janes home-place to appropriately mark their location. Approved March 28, 1961. DREDGING OF CHANNEL AT KINGS BAY TERMINAL URGED. No. 48 (House Resolution No. 134). A Resolution. Relative to the Channel at Kings Bay Terminal; and for other purposes. Whereas, the Kings Bay Terminal at St. Marys, Georgia, has been leased to a private shipping company and as a result thereof a large amount of shipping is utilizing the facilities at the terminal; and Whereas, many large ocean going vessels from all over the World dock at the terminal bringing in import goods and taking out export goods; and Whereas, rail and truck lines haul freight, and some of the terminal's food, supplies, material and equipment are purchased, jobs are held by citizens of the locality, and the economy not only of the surrounding area but the entire State is greatly benefitted by the operation of the Terminal; and

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Whereas, in 1958 the channel was thirty-four feet in depth but is now down to approximately twenty feet in depth; and Whereas, if immediate action is not taken to dredge the channel, many vessels will have to be turned away, therefore, directly affecting the families of many Georgia citizens and indirectly affecting the economy of the entire State; and Whereas, according to the contract between the company and the government, the government is suppose to dredge the Channel but has not as yet done so; Now, therefore, be it resolved by the General Assembly of Georgia that this body recommends that immediate action be taken by the Federal Government to dredge the Channel at Kings Bay Terminal, St. Marys, Georgia, and that the members of Congress from Georgia do all within their power to see that this is accomplished. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each member of the Georgia Congressional Delegation. Approved March 28, 1961. BOARD OF CONTROL OF STATE TRAINING SCHOOLS URGED TO MAKE GRANTS TO DESERVING STUDENTS. No. 49 (House Resolution No. 292) A Resolution. Urging the Boards of Control of the State Training Schools to exercise their authority under Article VII, Section I, Paragraph II of the State Constitution. Whereas, the General Assembly has proposed an

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amendment to Article VII, Section I, Paragraph II of the State Constitution, which amendment has been ratified by the people, and which authorizes the expenditure of funds by state agencies to deserving students in order to finance their graduate and postgraduate studies; and Whereas, at the present time the State Training Schools are in dire need of more qualified psychologists and psychiatrists as members of their staffs due to an ever increasing crime rate among the juvenile citizens of our state and nation; and Whereas, an adequate and modern rehabilitation program for the inmates of our State Training Schools is an indispensable need in assuring the continued economic and political growth of our State and nation. Now therefore, be it resolved by the General Assembly of the State of Georgia, that the Boards of Control of the State Training Schools are urged to make funds available from the appropriations for their operation grants to deserving students who desire to undertake the study of psychology and psychiatry, and who wish to discharge the obligation to their State by jointing the staffs of the State Training Schools. Approved March 28, 1961. RESTORATION OF THE WHITE HOUSE AT AUGUSTA AUTHORIZED. No. 53 (House Resolution No. 215-642). A Resolution. To provide for funds for the restoration of The White House of Augusta, and for other purposes. Whereas, by House Resolution No. 144, adopted by the General Assembly and approved March 9, 1955,

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Georgia Historical Commission was required to restore property therein described and designated as The White House of Augusta, and by Senate Resolution No. 7, adopted by the General Assembly and approved March 7, 1957, there was ratified and confirmed the acceptance by the Governor of Georgia of a deed conveying the property known as The White House of Augusta; and Whereas, the said property has outstanding historical importance, all as described in the first said resolution, and is the only frame structure still in existence in the State of Georgia which was the scene of fighting during the Revolutionary War, entitling it to be a shrine of patriotic inspiration and educational significance, as well as a tourist attraction of great value; and Whereas, Georgia Historical Commission is without adequate funds to restore the said White House to the condition necessary for it to be used as such a shrine and tourist attraction, and the commitments of the Commission in maintaining the museums, monuments and other historic sites which it already operates and others which it has under development will consume the annual appropriation which it expects to receive; and Whereas, it is estimated that a minimum of $75,000 is necessary to complete the restoration of The White House of Augusta: Now, therefore, be it resolved by the General Assembly of Georgia that the Budget Bureau is hereby authorized and directed to provide the sum of $75,000, to the Georgia Historical Commission from any available funds, for said purpose. Approved March 28, 1961.

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SALE OF LAND IN EAST POINT, GEORGIA AUTHORIZED. No. 54 (Senate Resolution No. 12). A Resolution. Authorizing the conveyance of certain real property presently being utilized by the State Highway Department and located in East Point, Georgia; and for other purposes. Whereas, the State Highway Department has been utilizing certain lands located in East Point, Georgia, and upon which certain warehouses, sign shops, and affiliated units are located; and Whereas, such land is surplus and can no longer be used by the State. Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor of the State of Georgia is hereby authorized to offer for sale and to convey the lands, hereinafter described, and located in East Point, Georgia. The sale to be handled by the State Purchasing Department by advertisement once a week for four weeks. There will be a minimum of three bids on such lands as hereinafter described after which the land will be sold to the highest bidder for cash. Be it further resolved, that the property herein authorized to be conveyed is more particularly described as follows: All that tract or parcel of land lying, being and situate in the City of East Point, and in land lot 157, of the 14th district of Fulton County, Georgia, more particularly described in a warranty deed, dated March 17, 1924, between the Atlanta and West Point Rail Road Company, grantor, and the State Highway Board of Georgia, grantee, and being on file for record

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in the office of the Clerk of the Superior Court of Fulton County, Georgia, as follows: `Beginning at a point on the south property line of the party of the first part seventy-five feet (75[UNK]), measured easterly at right angles to the center line of the said party of the first part's west bound main track; thence easterly, along said south property line, three hundred and ninety-one feet (391[UNK]), more or less, to the west line of Hapeville Street; thence northerly along said west line of Hapeville Street; two hundred and seventy-five feet (275[UNK]); thence westerly parallel with the aforesaid south property line, two hundred and seventy feet (270[UNK]), more or less, to a point which is seventy-five feet (75[UNK]) from, measured easterly at right angles to the said center line of the west bound main track; thence southerly, parallel with and equidistant from said center line of west bound main track, two hundred and seventy-five feet (275[UNK]), more or less, to the point of beginning, being a part of the lands conveyed to the grantor herein by P. H. Brewster by quit-claim deed dated June 23, 1902, and by T. H. Spence by warranty deed dated July 19, 1902; and being more fully shown, colored in red, on blue print map No. 130-121, dated April 6, 1923, which is attached and made a part hereof, the original tracing of which is on file in the office of the Chief Engineer of the party of the first part.' Also that tract or parcel of land lying and being in land lot 157 of the 14th district of Fulton County, Georgia, lying between the former Macon and Western Railroad, and the Atlanta and West Point Railroad, and more particularly described as being Lot 37 of the subdivision of the Woodson and Jones property, as per plat exhibited by Samuel W. Goode, Agent, at the sale of said property at auction on the 10th day of April, 1884, now on record in the office of the Clerk of the Superior Court of Fulton County and described therein as follows: `Commencing at a point two hundred ten (210) feet

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North by East of the intersection of Washington Avenue and Connally Avenue, one hundred sixty-six (166) feet to the land now or formerly owned by Roberts; thence East along said Roberts land one hundred eighty-nine and one half (189) feet, more or less, to land now or formerly owned by Mrs. B. M. Blount and being lot 36 of said subdivision of Woodson and Jones property; thence south along the west line of said lot 36, one hundred fifty one (151) feet to lot 33 of said subdivision; thence west two hundred forty (240) feet, more or less, to the point of beginning on Connally Avenue and being a portion of property being conveyed to one Mrs. Pinkie Morris by L. D. and A. D. Morris, by deed of July 1, 1901, recorded in deed book 156, page 670, Fulton County records.' Be it further resolved that an easement is hereby expressly authorized to be offered for sale by the Governor and that the Governor is authorized to convey that easement as conveyed by a deed between the Atlanta Trust Company, grantor, and the State Highway Board of Georgia, grantee, dated December 29, 1937, and being on record in book 1647, folio 594, in the office of the Clerk of the Superior Court of Fulton County, and more fully described therein as follows: A certain strip of land fifteen (15) feet wide extending from the south line of the above described property where the same intersects with the northeast corner of lot 32 of said subsection; south along the east line of lot 31 and 32 two hundred (200) feet more or less, to Washington Avenue, same being the west fifteen (15) feet of lot 33, of said subdivision. The sale to be handled by the State Purchasing Department by advertisement once a week for four weeks. There will be a minimum of three bids on such lands as above described after which the easement on said land will be sold to the highest bidder for cash, provided all such bids to the State Purchasing Department

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may be rejected as submitted for sale of such property. Advertisement. Approved March 28, 1961. STUDY COMMITTEE OF PEACE OFFICERS' ANNUITY AND BENEFIT FUND. No. 55 (Senate Resolution No. 20). A Resolution. Creating a committee to make a study of the Peace Officers' Annuity and Benefit Fund; and for other purposes. Whereas, the Peace Officers' Annuity and Benefit Fund has been in existence since 1950 and has been operated in a most efficient manner, and Whereas, it has become evident that the Fund is now on a sound basis and will continue to grow in future years, and Whereas, it would be highly desirable for a study to be made to ascertain whether the benefits provided thereunder might be expanded. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee of seven members of the General Assembly, five from the House to be appointed by the Speaker and two from the Senate to be appointed by the President of the Senate. The committee shall conduct a study of the Peace Officers' Annuity and Benefit Fund with a view towards determining whether the benefits provided thereunder might be expanded and whether additional legislation will be needed. The committee shall consult with members of the Peace Officers' Association of Georgia, members of the Peace Officers'

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Annuity and Benefit Fund, and other persons who might be able to render assistance to the committee in its work. The members of the committee shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative committees. The funds necessary for the purposes of this resolution shall come from the funds appropriated to, or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1962 Session of the General Assembly of Georgia on or before January 15, 1962, and the committee shall stand abolished as of that date. The committee shall meet for not to exceed five days per member. Approved March 28, 1961. TRANSFER OF LANDS FROM GEORGIA FORESTRY COMMISSION TO GEORGIA DEPARTMENT OF DEFENSE DIRECTED. No. 56 (Senate Resolution No. 53). A Resolution. Authorizing the transfer of a certain tract of land from the Georgia Forestry Commission to the Georgia Department of Defense; and for other purposes. Whereas, a certain tract of land consisting of 3[UNK] acres, more or less, located in Baldwin County, Georgia, is required for the construction of certain facilities pertinent to the operations of the Georgia Department of Defense; and Whereas, said tract is of no further use to the Georgia Forestry Commission; and Whereas, said tract is more specifically described as follows:

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All of that parcel of land situate and being in land lot no. 264 of the first land district of Baldwin County, Georgia, on the Northwest side of Georgia State Highway No. 49 and adjacent to the southwest city limit line of the City of Milledgeville, being a part of land now administered by the Georgia Forestry Commission, and bounded on the north by other Georgia Forestry Commission Land, on the east by the center line of Fishing Creek (which is the city limit line), on the south and east by land now occupied by the Carl Vinson National Guard Armory, on the Southeast by Georgia State Highway No. 49, and on the west by other Georgia Forestry Commission land. The boundaries of said parcel are particularly described as follows: Beginning at a point on the former northwest right of way line (as of 1953) of Georgia State Highway No. 49, at a distance of along said right of way line of 827.8 feet from the center of Fishing Creek and the Milledgeville city limit line, thence N 33 0[UNK] 09[UNK] a distance of 44.5 feet to the new and present northwest right of way line of said highway and the true point of beginning, thence southwesterly along said new right of way line and with the curve of same, to the terminus of a chord of bearing S 60 20[UNK] W and length 100.0 feet, thence N 33 12[UNK] W a distance of 493.0 feet, thence N 43 46[UNK] E a distance of 975 feet, more or less, to the center of Fishing Creek, thence down stream and with said creek center line or thread of stream a distance of 415 feet, more or less, to the northeast corner of the said Armory land, thence with the lines of land now occupied by the said Carl Vinson National Guard Armory, S 89 02[UNK] 26[UNK] W a distance of 260 feet, thence S 38 04[UNK] 43[UNK] W a distance of 397 feet, thence S 33 00[UNK] 09[UNK] E a distance of 354.5 feet to the true beginning point. The courses and distances of the said Armory land lines are as plotted February 28 and March 2, 1953, by James D. Teague, Jr., Georgia Registered Surveyor No. 535 and all bearings of this description, which is from a survey made February 21, 1961, by Calvin W. Rice, Georgia Registered

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Surveyor No. 58, refer to the same Meridian as said Teague Survey. Said parcel of land contains three (3) and three-quarters ([UNK]) acres more or less. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission and other State officials concerned with the transfer of the above described tract of land are hereby authorized and directed to transfer said tract from under the control of the Georgia Forestry Commission to the Georgia Department of Defense. Said departments and officials are specifically authorized and directed to execute any and all instruments necessary to effect the transfer of this land. Approved March 28, 1961. COMMITTEE TO STUDY BUDGET SYSTEM OF STATE. No. 57 (Senate Resolution No. 75). A Resolution. Creating a joint committee to study budget and financial administration; and for other purposes. Whereas, The Governor has recommended to the General Assembly that a resolution creating a joint committee for the purpose of studying the budgetary system of other states with a view towards recommending improvements in budget and financial administration in Georgia; and Whereas, such events which transpired during this session of the General Assembly have shown the desirability of such a study being made; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee

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to be composed of five members of the Senate to be appointed by the President, seven members of the House to be appointed by the Speaker, and five members to be appointed by the Governor, for the purpose of making a study of the budgetary systems and the financial administration of other states in order that a comparative analysis relative to the existing situation in Georgia might be made. All the members of the committee shall be appointed within thirty days after the approval of this resolution by the Governor. The members shall meet within thirty days after all members have been appointed for the purpose of organizing and electing a chairman, a secretary and such other officers as deemed advisable by the committee. In order to more efficiently perform its duties, the committee is hereby authorized to employ clerical, technical and other help and fix the compensation therefor. All members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The State Auditor and the State Treasurer shall act as advisors to the committee, and shall receive their expenses incurred in connection therewith which shall be paid from the funds of their respective departments. The other funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings to the Governor and to the General Assembly on or before December 1, 1961, on which date the committee shall stand abolished. Approved March 28, 1961.

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MONUMENTS TO BE PLACED AT GETTYSBURG NATIONAL MILITARY PARK AND ANTIETAM NATIONAL BATTLEFIELD SITE. No. 58 (Senate Resolution No. 27). A Resolution. Relating to the placing of monuments at Gettysburg and Antietam; and for other purposes. Whereas, two of the most significant battles of the War Between the States were fought at Gettysburg and Antietam; and Whereas, Georgia is the only southern state which has no memorial to its dead at either of the aforesaid places; and Whereas, the Georgia Hall of Fame Committee is sponsoring the construction of monuments at said places and it is only fitting and proper that Georgia's departed heroes should be so realized; Now, therefore, be it resolved by the General Assembly of Georgia that a monument be placed at Gettysburg National Military Park and a monument be placed at Antietam National Battlefield Site to honor Georgians who were killed in the battles at those locations during the War Between the States. It is suggested that such monuments be constructed from Georgia granite so that they will be representative of the State of Georgia and will also be of everlasting quality. The Secretary of State is hereby authorized to conduct all the necessary matters relative to the purposes set out herein, and the Budget Bureau is hereby authorized and directed to provide the necessary funds to carry out the purposes of this resolution. Approved March 28, 1961.

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INTEREST RATES ON LOANS BY CERTAIN CORPORATIONS. Code 57-118 Enacted. No. 273 (Senate Bill No. 99). An Act to attract investment capital to promote the growth of industry in Georgia by permitting corporations organized for pecuniary gain to contract freely and without legislative restriction as to interest rate in borrowing sums which exceed $2,500 whether originally or by renewal or extension; to provide a separability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it hereby enacted by authority of same, that from and after the approval of this Act; Section 1. Notwithstanding any contrary provision of law, any foreign or domestic corporation organized for pecuniary gain may in writing agree to pay such rate of interest as such corporation may determine on any loan under which the principal balance to be repaid shall originally exceed the sum of $2,500 or on any series of advances of money pursuant to a loan agreement or undertaking if the principal balance to be repaid thereunder shall originally exceed the sum of $2,500 or on any series of advances of money pursuant to a loan agreement or undertaking if the principal balance to be repaid thereunder shall originally exceed the sum of $2,500 or on any extension or renewal thereof, and as to any such transaction the claim or defense of usury by such corporation or its successor or anyone in its behalf is prohibited; provided, however, that nothing contained in this section shall apply to any loan to a public, charitable, religious, or other non-profit corporation. Section 2. The foregoing section shall be codified as Sec. 57-118 of the Code of Georgia and shall apply to all loan transactions and all renewals and extensions of

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prior loan transactions entered into after the passage and approval of this Act. Section 3. If any section, provision, sentence or phrase of this Act shall be declared unconstitutional, or void for any other reason, such adjudication, shall not effect the other sections and provisions hereof, but same shall be preserved, and the remainder thereof shall be left intact and valid. Severability. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1961. GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT. No. 274 (House Bill No. 433). An Act to be known as the Georgia Agricultural Commodities Promotion Act so as to implement Article VII, Section II, Paragraph I-A of the Constitution; to provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of the agricultural products of this State and procedures connected therewith; to provide for marketing orders and marketing agreements, and the financing, formulation, contents and enforcement thereof and procedures connected therewith; to define terms; to provide the duties of the Commissioner of Agriculture in supervising and administering such programs and procedures connected therewith; to create an Agricultural Commodity Commission for each and every agricultural commodity defined herein and any combination thereof, as a public corporation and an instrumentality of the State and to provide for the membership, duties, authority, and compensation thereof and procedures connected therewith; to provide for notices, the publication thereof, and hearings and procedures

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connected therewith; to provide for reports, their contents, the filing and disposition and use to be made thereof and procedures connected therewith; to provide limitations, authorizations and restrictions upon marketing orders and marketing agreements; to provide for approval or rejection of marketing orders and marketing agreements and procedures connected therewith; to provide for the termination of marketing orders and marketing agreements and procedures connected therewith; to provide for assessments and levies, the collection and disposition thereof and procedures connected therewith; to provide penalties, remedies, procedures for violations and procedures connected therewith; to provide for the enforcement of the Act and the procedures connected therewith; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intent and purpose of this Act to implement Article VII, Section II, Paragraph I-A of the Constitution of the State of Georgia providing for the promotion of the production, marketing, sale, use and utilization, processing and improvement of agricultural products. The provisions of this Act providing for the financing of the cost of programs authorized hereunder are hereby expressly found, determined and declared to be an exercise of the authority vested in the General Assembly by the aforesaid provision of the Constitution. Intent. Section 2. This Act may be cited as the Georgia Agricultural Commodities Promotion Act. Title. Section 3. Definitions . (a) Agricultural commodity means any and all agricultural, horticultural (including floricultural), and vegetable products produced in this State or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product, or by a processor as herein defined, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry

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products, timber and timber products, fish and seafood, and the products of the farms and forests of this State. Agricultural commodity. (b) Producer means any person engaged within this State in the business of producing, or causing to be produced for market, any agricultural commodity as herein defined. Producer. (c) Handler means any person engaged within this State as a distributor in the business of distributing an agricultural commodity, or any person engaged as a processor in the business of processing an agricultural commodity. Handler. (d) Processor means any person engaged within this State in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing or changing the form of an agricultural commodity for the purpose of preparing such agricultural commodity for market or of marketing such commodity, or any other activities performed for the purpose of preparing such commodity for market or of marketing such commodity, but shall not include a person engaged in manufacturing from an agricultural commodity, so changed in form, another and different product. Processor as used herein shall not include an agent of the processor nor any person who shall receive an agricultural commodity for or on the account of another person. Processor. (e) Distributor means any person who engages in the operation of selling, marketing or distributing, an agricultural commodity which he has produced or purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer as herein defined except such retailer who purchases or acquires from, or handles on behalf of any producer, an agricultural commodity not theretofore subjected to regulation by the marketing order covering such commodity. Distributor. (f) Retailer means any person who purchases or acquires any agricultural commodity for resale at retail to

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the general public for consumption off the premises but such person shall also be included within the definition of distributor, as herein set forth, to the extent that he engages in the business of a distributor as herein defined. Retailer. (f-1) Person means an individual, firm, corporation, association or any other business unit, or any combination thereof, and shall, for the purposes of this Act, include any state agency which engages in any of the commercial activities regulated pursuant to the provisions of this Act. Person. (g) Marketing Agreement means an agreement entered into pursuant to Section 11 (d) of this Act regulating the preparation for market and handling of an agricultural commodity. Marketing agreement. (h) Marketing order means an order issued pursuant to this Act prescribing rules and regulations governing the processing, distributing or handling in any manner of any agricultural commodity within this State during any specified period or periods. Marketing order. (i) To handle means to engage in the business of a handler as herein defined. To handle. (j) To process means to engage in the business of a processor as herein defined. To process. (k) To distribute means to engage in the business of a distributor as herein defined. To distribute. (l) Producer marketing or marketed by producers means any or all operations performed by any producer in preparing for market, and shall include selling, delivering or disposing of for commercial purposes, to any handler as herein defined any agricultural commodity which he has produced. Producer marketing. (m) Advertising and sales promotion means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification or removal of trade barriers which restrict the normal

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flow of agricultural commodities to market and may include the presentation of facts to and negotiations with state, federal or foreign governmental agencies on matters which affect the marketing of any commodity or commodities included in any marketing order or marketing agreement made effective pursuant to the provisions of this Act. Advertising and sales promotion. (n) As used in this Act the terms directly affecting or directly regulated or affected shall include, in addition to any other method of regulation authorized in this Act, the levying or collecting of any assessment under any marketing order or agreement, but shall not include the deducting only of producer or processor assessments from any moneys owed by handlers to producers or processors. Directly affecting. (o) General rules and regulations mean rules and regulations, applicable to all marketing orders and marketing agreements, issued and made effective by the Commissioner or the Commission without prior notice and public hearing, to provide uniform methods and procedures to facilitate the administration and enforcement of all such marketing orders and marketing agreements. Such uniform methods and procedures may include but shall not be limited to methods and procedures pertaining to the receiving, depositing and expenditure of moneys received from assessments collected hereunder; the preparation, handling and payment of claim schedules for the payment of bills, salaries and other obligations; establishing the maximum rates to be allowed for travel expenses of Commission members and employees; the preparation, verification and filing of evidence relating to violations of marketing orders, agreements and marketing regulations authorized hereunder and other fiscal and administrative activities which the Commissioner and Commission find are necessary to obtain reasonable uniformity, efficiency and economy in the administration and enforcement of such marketing orders and agreements of this Act. General rules. (p) Administrative rules and regulations mean rules and regulations applicable to a particular marketing order

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or agreement, issued and made effective as provided herein, without prior notice and public hearing, to provide methods and procedures to facilitate the administration and enforcement of such marketing order or agreement. Such rules and regulations may include but shall not be limited to methods and procedures for the purpose of explaining or clarifying the provisions of such marketing order or agreement; prescribing reporting forms and procedures to be followed by producers and handlers directly affected by the provisions of such marketing order or agreement; providing information to producers and handlers subject to the provisions of such marketing order or agreement and other similar procedural and explanatory provisions to enable such producers and handlers better to understand the program and their respective obligations thereunder and thereby assist in obtaining cooperation and compliance. Administrative rules. (q) Seasonal marketing regulations mean marketing regulations, applicable to a particular marketing order or agreement, made effective as prescribed herein for the purpose of carrying into effect by administrative order, the marketing regulatory authorizations and provisions of such marketing order or agreement as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order or agreement may operate. Such seasonal marketing regulations shall not extend beyond the marketing order or agreement concerned, or modify or change the language of such marketing order or marketing agreement by adding to or subtracting from such marketing order or agreement any of the marketing regulatory authorizations classed in Section 14 of this Act as major amendments or modify the language of any marketing order or agreement for the purpose of clarification as provided in said section of this Act for minor amendments. Seasonal regulations. (r) Major amendments are amendments to any marketing order or agreement made effective as provided

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herein after notice, public hearing and assent as required in this Act, which change or modify the language and the provisions of such marketing order or agreement for the purpose of adding to or subtracting from such marketing order or agreement in a manner classed in Section 14 of this Act as a major amendment; provided that the exercise by the Commissioner or Commission of regulatory authority authorized in a marketing order or marketing agreement shall not be considered to be a major amendment as such amendments are classed in said Section 14, but shall be considered to be seasonal marketing regulations as defined in this section. Major amendments. (s) Minor amendments are amendments to any market in order or agreement made effective by the Commissioner upon recommendation of the Commission concerned, as specified in subdivision (d) of Section 14 with or without prior notice and public hearing, which change or modify the language or the provisions of any such marketing order or agreement for the purpose of clarification or the removal of conflicts of meaning without involving changes or modifications of language or provisions which, pursuant to the provisions of this section, are classed as major amendments. Minor amendments. (t) Commissioner means the Commissioner of Agriculture of the State of Georgia. Commissioner. (u) Commission means each and every Agricultural Commodity Commission created under the provisions of this Act. Commission. (v) Department means the Department of Agriculture for the State of Georgia. Department. Section 4. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of the provisions of this Act and in the performance of said duty, he is hereby authorized to utilize the personnel and facilities of the State Department of Agriculture in fulfilling such duty. Duties of Commissioner. Section 5. The Commissioner is hereby authorized to,

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and it shall be his duty to receive, collect, and disburse the funds of each Commission qualifying and operating within the provisions of this Act. He shall disburse funds of any entity created hereunder only upon the written authorization of the affected Commission. Same, funds. Section 6. Funds received by the Commissioner under the provisions of this Act shall be held in trust for the affected Commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of the State of Georgia, but shall not be required to be deposited in the State Treasury and appropriated therefrom as other State funds. It is the expressed intent and purpose of this Act to authorize the receipt, collection, and disbursement of such funds as trust funds of the affected entity by the Commissioner without complying with the requirement applicable to funds collected for the use and benefit of the State. Same. Section 7. There is hereby created, established and constituted a public corporation and an instrumentality of the State of Georgia to be known as the Agricultural Commodity Commission for each and every agricultural commodity as defined herein or any combination thereof authorized by Article VII, Section II, Paragraph I-A of the Constitution of the State of Georgia. Commissions incorporated. Section 8. Each such Commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia and by that name, style and title, each such Commission may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Each such Commission shall name its Chairman and determine a quorum for the transaction of business. Each such Commission shall assume the duties and exercise the authority provided herein without further formality than that provided herein. Each member of each such Commission shall be a public officer and shall take an oath of office to faithfully perform his duties. Such oath shall be administered by Commissioner or other such person qualified to administer oaths and the

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fact of his appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the Seal of his office. Corporate powers. Section 9. (a) Each such Commission shall be composed of the Commissioner of Agriculture, ex officio; the State Auditor, ex officio; the Attorney General, ex officio; the President of the Georgia Farm Bureau Federation, ex officio; and five additional members who shall be producers of the affected agricultural commodity to be appointed by the ex officio members of the Commission, as herein provided. Initial appointments by the ex officio members of the Commission shall be made from a list of ten (10) nominees submitted by the producers of the affected agricultural commodity. Subsequent appointments by the ex officio members of the Commission shall be made by them from a list of nominees containing the names of double the number of appointments to be made. In the event of a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the Commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making its determination shall make the appointments in accordance with such determination. Members of Commission. (b) Initial appointments shall be made three (3) members for a term of three (3) years each from the effective date of the appointment and two (2) members for a term of two (2) years each from the effective date of the appointment, and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three (3) years each from the effective date of the appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the ex officio members of the Commission, in like manner, for the unexpired term. Any appointive member shall be eligible for reappointment provided he shall be nominated as provided in this Section. Terms of members. (c) The ex officio members who are State officers shall be compensated as provided by law. Each such ex officio member shall be reimbursed by his respective department

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or from the funds of the Commission the actual and necessary expenses incurred in the performance of their duties. Each such ex officio member may designate a representative of his department to act for him in performing any duties under this Act. Compensation of ex officio members. (d) It shall be the duty of the Commissioner to certify to the Secretary of State the implementation, activation, dissolution and change of status of each Commission created hereunder and to inform the Secretary of State of changes in the membership of each Commission. Notices of membership. (e) Each Commission shall be authorized to appoint advisory boards, special committees and individuals to advise, aid and assist the Commission in the performances of its duties, and to fix the compensation for such service, which may be paid from the funds of the Commission. Board (f) Any other provision of this Act to the contrary not withstanding, a federation or organization of growers, producers, processors, handlers of an agricultural commodity may qualify under the provisions of this Act and the appointive members of such Commission shall be deemed producers, for the purposes of this Act, and such Commission may exercise any and all of the duties and authority conferred by this Act subject to the provisions hereof. Producers. (g) Each such Commission is hereby authorized to accept donations, gifts and other property and to use the same for Commission purposes. Each such Commission may exercise the powers and authority conferred by law upon corporations. Funds. (h) The Attorney General and the State Auditor as ex officio members of each Commission shall be entitled to vote on matters pertaining to the organization of each such Commission and upon the selection and nomination of the appointive members of each Commission. The two such ex officio members shall not be entitled to vote upon any matter pertaining to the policy provisions of the Agricultural

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Commodity nor shall they be entitled to vote upon the expenditure of any funds of the Commission. Duties of ex officio members. Section 10. The appointive members of the Commission and the President of the Georgia Farm Bureau Federation shall receive the compensation and reimbursement of expenses as shall be provided by the Commission and such funds shall be payable from the funds of the Commission. Compensation. Section 11. The Commissioner, upon the approval and request of the Commission, is hereby authorized to issue, administer, and enforce the provisions of marketing orders hereunder regulating producer marketing or the handling of agricultural commodities within this State. Commissioner. (a) Whenever the Commissioner has reason to believe that the issuance of a marketing order, or amendments to an existing marketing order, will tend to effectuate the declared policy of this Act with respect to any agricultural commodity, he shall, either upon his own motion or upon the motion of any Commission, or upon application of any producer or handler of such commodity, or any organization of such persons, give due notice of, and an opportunity for, a public hearing upon a proposed marketing order or such amendments to such existing marketing order. Marketing orders. (b) (1) Notice of any hearing called for such purpose shall be given by the Commissioner or Commission by publishing a notice of such hearing for a period of not less than five (5) days in a newspaper of general circulation published in the capital of the State and in such other newspaper or newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five (5) days after the last day of such period of publication. Notice of hearings. (2) The Commissioner or Commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order, or proposed amendments, to all producers or handlers of such agricultural commodity

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whose names and addresses appear upon lists of such persons, on file in the Department of Agriculture, who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Same. (3) Such notice of hearing shall set forth the date and place of said hearing, the agricultural commodity, and the area, covered by such proposed marketing order or such proposed amendments and a statement that the Commissioner or Commission will receive, at such hearing, in addition to testimony and evidence as to other necessary and relevant matters set forth in Section 12 hereof, testimony and evidence with respect to the accuracy and sufficiency of lists on file with the Commissioner or Commission which show the names and addresses of producers or handlers of such agricultural commodity directly affected by such proposed marketing order or proposed amendments, and the quantities of such commodity delivered by such producers to handlers or handled by such handlers in the marketing season next preceding such hearing. Same. (4) Such hearing shall be public and all testimony shall be received under oath. A full and complete record of all proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or Commission. At such hearing the Commissioner or Commission shall receive, in addition to other necessary or relevant matters, testimony and evidence upon the matters set forth in section 12 hereof, and testimony and evidence with respect to the accuracy and sufficiency of the lists on file with the Commissioner or Commission which show the names of the producers or handlers of such agricultural commodity, directly affected by the provisions of such proposed marketing order or proposed amendments, and with respect to the quantities of such agricultural commodity delivered by such producers or handled by such handlers in the marketing season next preceding such hearing. Hearings. (c) (1) In order to provide the Commissioner or Commission with accurate and reliable information, in the

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event such information is not then on file in the Department of Agriculture, with respect to the persons who may be directly affected by the provisions of any proposed marketing order for any agricultural commodity, the Commissioner or Commission is hereby authorized and directed, whenever said Commissioner or Commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this Act or upon receipt of a written application for a hearing pursuant to subsection (a) of this section 11, to notify all handlers of such agricultural commodity, by publication of a notice as hereinafter required, to file with the Commissioner or Commission within ten (10) days from the last date of such publication a report, properly certified, showing: Information. (a) The correct name and address of such handler; (b) The quantities of the agricultural commodity, affected by such proposed marketing order, handled by such handler in the marketing season next preceding the filing of such report; (c) The correct names and addresses of all producers of such agricultural commodity, who may be directly affected by the provisions of such proposed marketing order, from whom such handler received such agricultural commodity in the marketing season next preceding the filing of such report; (d) The quantities of such agricultural commodity received by such handler from each such producer in the marketing season next preceding the filing of such report. (2) Said notice to handlers requiring them to file said report shall be published by the Commissioner or Commission for a period of not less than five (5) days in a newspaper of general circulation published in the capital of the State and in such other newspaper or newspapers as the Commissioner or Commission may prescribe. Notices to file reports. The Commissioner or Commission shall also mail a copy

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of such notice to file such report to all handlers of such agricultural commodity whose names and addresses appear upon the lists on file in the Department of Agriculture who may be directly affected by the provisions of such proposed marketing order. Same. Each handler of such agricultural commodity, directly affected by the provisions of such proposed marketing order shall file such verified report with the Commissioner or Commission within the time specified herein. Failure or refusal of any handler to file such report as herein specified shall not invalidate any proceeding taken or marketing order issued hereunder. The Commissioner or Commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. Procedure when reports not filed. (3) From such reports so filed and the information so received or available to the Commissioner or Commission, including any proper corrections, the Commissioner or Commission shall prepare a list of the names and addresses of such producers and the volume of such commodity produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity handled by all such handlers, directly affected by the provisions of such proposed marketing order, or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the Commissioner or Commission pursuant to the provisions of section 14 (a) hereof and such findings shall be conclusive. Use of reports. The information contained in the individual reports of handlers filed with the Commissioner or Commission pursuant to the provisions of this section shall not be made public in such form but the information contained in such reports may be prepared in combined form for use by the Commissioner or Commission, their agents, or other interested persons, in the formulation, administration and enforcement of a marketing order, or may be made available

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pursuant to court order, but shall not be made available to any one for private purposes. Same. (d) In order to effectuate the declared policy of this Act, the Commissioner or Commission shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, distributors, producers and others engaged in the handling of any agricultural commodity, regulating the preparation for market and handling of such agricultural commodity. Such marketing agreements shall be binding upon the signatories thereto exclusively. The purposes and provisions of the Act relating to marketing orders shall be applicable to marketing agreements except as follows: Marketing agreements. (1) The provisions of subparagraph (c) (3) of this section requiring the preparation of an official list of the names and addresses of all producers and the volume of such commodity produced or marketed by all such producers in the preceding marketing season and a list of the names and addresses of all handlers and the volume of such commodity handled by all such handlers, during the preceding marketing season, shall not be applicable to marketing agreements. Same. (2) The provisions of paragraphs (1) and (2) of subdivision (a) of section 14 and the provisions of subdivision (c) of section 14 insofar as the provisions of said subsection (c) prescribe requirements for termination by request in writing, shall not be applicable to marketing agreements; provided, however, that prior to the issuance of any marketing agreement, or amendment thereto, the Commissioner or Commission shall find, in addition to the findings set forth in subdivision (b) in section 12 hereof, that said marketing agreement or any amendment thereto has been assented to by a sufficient number of signatories who handle a sufficient volume of the commodity affected to accomplish the objectives of such agreement or amendment thereto and provide sufficient moneys from assessments levied to defray the necessary expenses of formulation, issuance, administration and enforcement. Intent.

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(3) The provisions of subdivision (a) of section 18 shall not be applicable to marketing agreements. Same. Section 12. (a) After such notice and hearing and before issuing a marketing order or amendments thereto for the written assent of producers or handlers, which contain provisions for correlating the supply of the agricultural commodity affected with market demands therefor by means of restrictions upon the total quantity of any grade, size, quality or condition thereof which restrictions have the effect of limiting the total quantity of such commodity which may be marketed during any marketing season and which restricted portion of such commodity might otherwise be marketed by producers in compliance with other laws of this State or of the United States or in compliance with established commercial practice during such marketing season, the Commissioner or Commission shall find with respect to such marketing order or amendments thereto: (1) That such provisions are necessary in order to effect a reasonable correlation of such supply of the agricultural commodity affected with market demands therefor and that such marketing order or amendments thereto will tend to reestablish or maintain such level of prices for such agricultural commodity as will provide a purchasing power for such agricultural commodity which is adequate to maintain in the business of producing such agricultural commodity such number of producers as is required to provide such supply of the quantities and qualities of such agricultural commodity as is necessary to fulfill the normal requirements of consumers thereof. Duties of Commissioner. (2) That such marketing order or amendments thereto will tend to approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for such commodity. Findings before agreements entered into. (3) That such marketing order or amendments thereto are in conformity with the provisions of this Act and within the applicable limitations and restrictions set forth

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therein and will tend to effectuate the declared purposes and policies of this Act. (4) That such marketing order or amendments thereto will protect the interests of consumers of such commodity, by exercising the powers of this Act only to such extent as is necessary to establish the equality of purchasing power described in subparagraph (1) of subparagraph (a) of this section. (b) In making the findings with respect to any or all of the objectives set forth in subparagraph (a) of this section, the Commissioner or Commission shall, whenever any or all of the following economic factors are relevant, take into consideration any and all facts available with respect thereto: (1) The quantity of such agricultural commodity available for distribution. (2) The quantity of such agricultural commodity normally required by consumers. (3) The cost of producing such agricultural commodity as determined by available statistics and surveys. (4) The purchasing power of consumers as indicated by reports and indices. (5) The level of prices of other commodities which compete with or are utilized as substitutes for such agricultural commodity. (6) The level of prices of other commodities, services and articles which farmers commonly buy. (c) If the marketing order or amendments thereto contain provisions only for the purpose of regulating the flow of the commodity or any grade, size or condition thereof to market without directly restricting the total quantity which may be marketed during the marketing season, or if the marketing order or amendments thereto contain

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provisions only for the establishment of grade, size, quality or condition specifications or for uniform grading and inspection or the elimination of unfair trade practices or provisions for advertising or sales promotion, or for research, the Commissioner or Commission may issue such marketing order or amendments thereto if it is found: (1) That such marketing order or amendments thereto are reasonably calculated to attain the objectives sought in such marketing order. (2) That such marketing order or amendments thereto are in conformity with the provisions of this Act and within the applicable limitations and restrictions set forth therein and will tend to effectuate the declared purposes and policies of this Act. (3) That the interests of consumers of such commodity are protected in that the powers of this Act are being exercised only to the extent necessary to attain such objectives. (d) In making any findings pursuant to paragraph (c) hereof the Commissioner or Commission shall base their findings upon the facts, testimony and evidence received at the public hearing together with any other relevant facts available from official publications or institutions of recognized standing. Section 13. (a) Subject to the legislative restrictions and limitations set forth herein any marketing order issued by the Commissioner or Commission pursuant to this Act may contain any or all of the following provisions for regulating or providing methods for regulating producer marketing or the handling or any of the operations of processing or distributing by handlers of any agricultural commodity within this State, but no others: (1) Provisions for determining the existence and extent of the surplus of any agricultural commodity, or of any grade, size or quality thereof, and providing for the control and disposition of such surplus, and for equalizing

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the burden of such surplus elimination or control among the producers, processors, distributors or other handlers affected. Notwithstanding any other appropriate means of equalizing the burden of surplus control and the elimination thereof as provided in this Act, provision may be made for the creation of a stabilization fund to be used for purchasing or otherwise acquiring any portion of the surplus of any agricultural commodity either in fresh or processed form, and for the diversion of such surplus quantity of such commodity so acquired into noncompetitive or byproducts uses or for disposing of such surplus in noncommercial channels. Moneys for such stabilization fund shall be provided by means of the establishment of an assessment rate for such purpose levied upon producers or handlers or upon both producers and handlers. Such assessment rate shall be based upon the units in which such agricultural commodity is handled or marketed or upon any other uniform basis which the Commissioner or Commission determines to be reasonable and equitable. For convenience of collection, the Commissioner or Commission may collect any producer assessments from handlers of such commodity. Handlers paying such assessments for and on behalf of any producers are authorized and it shall be their duty, upon request of the Commissioner or Commission, to deduct such producer assessments from any moneys owed by such handlers to such producers. Provisions of marketing orders. Surplus control. (2) Provisions for limiting the total quantity of any agricultural commodity, or of any grade, size or quality thereof, which may be marketed by producers or processed, distributed or otherwise handled within this State during any specified period or periods, by any and all persons engaged in such producer marketing, processing, distributing or handling; provided that any such limitation shall be applied under a uniform rule applicable to all such persons so regulated. The total quantity of any such commodity so regulated and permitted to be marketed by producers, processed, distributed or otherwise handled, shall not be less than the quantity which the Commissioner or Commission finds is reasonably necessary

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to supply the market demands of consumers of such commodity. (3) Provisions for allotting the quantity of any agricultural commodity, or of any grade, size or quality thereof, which each handler may purchase or acquire from, or handle on behalf of, any and all producers thereof, within this State during any specified period or periods under a uniform rule, applicable to all handlers so regulated based upon the amounts produced or sold by such producers in a prior period which the Commissioner or Commission finds to be representative, or upon the current season's production or sales of such producers, or both, to the end that the total quantity of such commodity or of any grade, size or quality thereof, so purchased or handled within this State shall be apportioned equitably among the producers thereof. (4) Provisions for allotting the quantity of any agricultural commodity, or of any grade, size or quality thereof, which each handler may process, distribute or handle within this State under a uniform rule, applicable to all handlers so regulated, based upon the quantities of such commodity or of any grade, size or quality thereof of the current season's crop which each such handler has available for such processing, distribution or handling, or upon the quantities of such commodity or of any grade, size or quality thereof so processed, distributed or handled by each such handler in a prior period which the Commissioner or Commission finds to be representative, or based upon both, to the end that the total quantity of such commodity or any grade, size or quality thereof, processed, distributed or handled within this State during any specified period or periods shall be equitably apportioned among all such handlers thereof. (5) Provisions regulating the period, or periods, during which any agricultural commodity, or any grade, size or quality of such commodity, may be processed, distributed or otherwise marketed within this State by any and all persons engaged in such processing, distributing or marketing within this State; provided that the total quantity

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of such commodity so regulated and permitted to be processed, distributed or otherwise marketed during such period or periods, shall not be less than the quantity which the Commissioner or Commission finds is necessary to reasonably supply the needs of consumers of such commodity. (6) Provisions for the establishment of surplus, stabilization, or by-product pools for any agricultural commodity or of any grade, size, quality or condition thereof, and providing for the sale of the commodity in any such pool and for the equitable distribution among the persons participating therein of the net returns derived from the sale of such commodity. Whenever the marketing order authorizes the establishment of any such pool or pools the Commission shall have power to receive such commodity from each producer or handler and to handle the same according to the grade, size, quality or condition thereof and to account to each producer or handler participating therein upon a pro rata basis for the net proceeds derived from the sale thereof. The contents of any surplus pool shall not be marketed by the Commission in any form which would compete directly with that portion of the commodity which is marketed in regular channels of trade. However, any portion of any surplus pool may be transferred by the Commission upon any gratuitous basis to charitable organizations and other similar agencies under proper safeguards to insure that none of such commodity shall compete directly with the unrestricted portion of such commodity. The Commission may dispose of the contents of a stabilization pool in the regular marketing channels in such manner and at such times as the Commission deems advisable, consistent with the maintenance of stabilized marketing conditions for such commodity. The Commission may dispose of the contents of any by-product pool only for by-products or for other similar purposes under proper safeguards to prevent such portion of the commodity so disposed of from directly competing with that part of the

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commodity which is marketed in the usual form or in the regular channels of trade. Whenever the marketing order authorizes the establishment of a surplus, stabilization, or by-product pool, the Commission shall have authority to arrange for and operate any necessary facilities for the storing, financing, grading, packing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools provided for in this Section; provided, however, the Commission shall not have authority to engage in commercial warehousing. The Commission shall have power to pledge all of the commodity in any such pools with banks or other lending agencies for the purpose of obtaining loans thereon. The Commission shall have title, for the purpose of financing and handling, to all of the commodity in any such pools. Whenever the marketing order authorizes the establishment of any type of pool authorized in this Section, the Commission shall have authority to create, by a uniform assessment upon producers, or upon some other uniform and equitable basis, maintain, and disburse an equalization fund to be used for the removal of any inequalities between producers or handlers participating in any pool resulting from errors in estimating production or surplus or for indemnifying producers whose production, in whole or in part, is diverted in green form or otherwise from normal marketing outlets or diverted to by-products, relief, or other noncompetitive purposes pursuant to the provisions of the marketing order. (7) Provisions establishing or providing for establishing with respect to any agricultural commodity either as delivered by producers to handlers or processors, or as handled, processed, or otherwise prepared for market, or as marketed by producers, handlers or processors: (A) grading standards of quality, condition, size, maturity or pack, which standards may include minimum standards provided the standards so established shall not be established below any minimum standards prescribed by law

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for such commodity; and (B) uniform inspection and grading of such commodity in accordance with the standards so established. (8) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for agricultural commodities grown in the State of Georgia, or for the prevention, modification or removal of trade barriers which obstruct the normal flow of agricultural commodities to market. The Commissioner or Commission is hereby authorized to prepare, issue, administer and enforce plans for promoting the sale of any agricultural commodity. Provided, that any such plan shall be directed toward promoting and increasing the sale, use and utilization of such commodity without reference to a particular brand or trade name, and Provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or Commission which shall make use of false or unwarranted claims in behalf of any such product, or disparage the quality, value, sale or use of any other agricultural commodity. (9) Provisions relating to the prohibition of unfair trade practices. The Commissioner or Commission is hereby authorized to include in any marketing order issued hereunder provisions designed to correct any trade practice affecting the processing, distributing or handling of any agricultural commodity within this State which the Commissioner or Commission finds, after a hearing thereupon in which all interested persons are given an opportunity to be heard, is unfair and detrimental to the effectuation of the declared purposes of this Act. (10) Provisions for the application for, review, certification and equitable payment of, production adjustment benefits to growers from funds collected for such purposes on a uniform basis from all commercial growers of any agricultural commodity in the State, for which production

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adjustment payments are made. Such funds may be supplemented by funds, if any, received from federal, state or other agencies for such purpose. (11) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing and improvement of any agricultural commodity or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on hereunder, the Dean of the College of Agriculture of the University of Georgia and the Commissioner and Commission hereof shall cooperate in selecting the research project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by said College of Agriculture, but if the Dean of said College and the Commission determine that the College has no facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the Commission. (12) Provisions establishing or providing authority for establishing, for any agricultural commodity, either as such commodity is produced or is delivered by producers to handlers, or as handled or otherwise prepared for market, or as marketed by producers or handlers, an educational program designed to acquaint producers, handlers or other interested persons with quality improvement, including sanitation practices, procedures or methods as applied to such commodity. (b) In addition to authority to issue marketing orders regulating the processing or preparation for marketing of any or all portions of any agricultural commodity processed within this State, and in addition to authority to issue marketing orders regulating the distribution of any or all portions of any agricultural commodity within this State and subject to the legislative restrictions and limitations of this Act, the Commissioner or Commission may also issue marketing orders regulating the handling, processing, preparation for marketing or marketing of any or all portions of any agricultural commodity produced in

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this State for which marketing regulatory powers are not being exercised by the Federal Government under the provisions of the Marketing Agreement Act of 1937, as amended, being Public Law No. 137, Seventy-fifth Congress, Chapter 296, First Session, 7 U.S.C.A. 674, 50 Statute 249. (c) Any other provisions of this Act to the contrary notwithstanding, no marketing order shall be issued concerning peanuts, cottonseed or soy beans, except as provided in subsection (a), paragraphs (8), (11), and (12) of this section. The provisions of subsection (b) of section 13 shall not be applicable to peanuts, cottonseed or soy beans. Section 14. (a) (1) No marketing order or major amendment thereto, directly affecting handlers, issued pursuant to this Act, shall become effective unless and until the Commissioner or the Commission finds that such marketing order or amendment thereto has been assented to in writing by the handlers engaged in the marketing activity or activities regulated by such marketing order who handle not less than sixty-five percent (65%) of the volume of the agricultural commodity regulated thereby which is processed or distributed within the area defined in such marketing order or amendment thereto, or that such marketing order or amendment thereto has been assented to in writing by not less than sixty-five percent (65%) of the number of handlers engaged in the marketing activity or activities regulated by such marketing order; provided, however, that any marketing order or major amendment thereto directly affecting processors engaged in the operation of canning of fresh fruits or vegetables or canning or packing of dried fruits shall not be made effective by the Commission or Commissioner until it is found that such marketing order or amendment thereto has been assented to in writing by such processors engaged in the marketing activity or activities regulated by such marketing order or amendment thereto who processed not less than sixty-five percent (65%) of the volume of such agricultural commodity which is processed within

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the area defined in such marketing order or amendment thereto and by sixty-five percent (65%) of the number of such processors engaged in the marketing activity or activities regulated by such marketing order or amendment thereto. Amendments to marketing orders. (2) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this Act, shall be made effective by the Commission or Commissioner until it is found one or more of the following: (A) that such marketing order or amendment thereto has been assented to in writing by not less than sixty-five percent (65%) of the producers who are engaged, within the area specified in such marketing order or amendment thereto, in the production for market or engaged in such producer marketing, of not less than fifty-one percent (51%) of the agricultural commodity specified therein in commercial quantities, or (B) that such marketing order or amendment thereto has been assented to in writing by producers who produce not less than sixty-five percent (65%) of the volume of such agricultural commodity and by fifty-one percent (51%) of the total number of producers so engaged, or (C) that such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than fifty-one percent (51%) of the total number of producers of said commodity of record with the department who marketed not less than fifty-one per cent (51%) of the total quantity of said commodity marketed in the next preceding marketing season by said total number of producers of record with the department. Whenever any marketing order or any major amendment to any marketing order is issued by the Commission, they shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum. If the Commissioner or Commission determines that a referendum shall be had, the Commissioner or Commission shall establish a referendum period of sixty (60)

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days. At the close of such referendum period, the Commissioner or Commission shall count and tabulate the ballots filed during said period. If from such tabulation the Commissioner or Commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than fifty-one percent (51%) of the total number of producers of record with the department and that such producers who voted in favor of said marketing order or amendment thereto marketed not less than fifty-one percent (51%) of the total volume of such commodity marketed by all producers of record with the department during the marketing season next preceding such referendum the Commissioner or Commission may make such marketing order or amendment thereto effective. If it is found from the tabulation of such referendum that the number of producers who have voted in favor of such marketing order or amendment thereto is less than the required fifty-one percent (51%) of the total number of producers on record with the department or that the producers who have voted in favor of such marketing order or amendment thereto represent less than fifty-one percent (51%) of the total quantity of such agricultural commodity marketed by all producers of such commodity on record with the department during the marketing season next preceding the conducting of such referendum, or that such votes in favor represent less than fifty-one (51%) of the total by both number of producers and quantity of the commodity, the Commissioner or Commission may extend the period of such referendum for not exceeding thirty (30) days. At the close of such extended period the Commissioner or Commission shall again count and tabulate all ballots received during the entire period of referendum and he or they shall be authorized to make such marketing order or amendment thereto effective if it is found that not less than fifty-one percent (51%) of the total number of producers of such commodity of record with the department have voted in favor of such marketing order or amendment thereto and that such producers marketed not less than fifty-one percent (51%) of the total quantity of such commodity marketed by all producers of record with

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the department during the marketing season next preceding the conducting of such referendum. The Commissioner and Commission are authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (3) In finding whether such marketing order or major amendment thereto is assented to in writing or approved or favored by producers pursuant to the provisions of this Act, the Commissioner or Commission may consider the approval of any non-profit agricultural cooperative marketing association, which is authorized by its members so to assent, as being the assent, approval or favor of the producers who are members of, or stockholders in, such non-profit agricultural cooperative marketing association. Provided however that no assent or approval of any peanut organization or the members thereof may be obtained under the provisions of this paragraph. (4) At each public hearing upon a marketing order or a major amendment thereto, the Commissioner or Commission shall receive testimony or evidence relative to the period of time which may be necessarily required for the filing, checking, and tabulating of written assents prescribed in this section. At the conclusion of each such hearing the Commissioner or Commission shall make a finding, based upon the evidence and testimony so received, with respect to the period of time which may be reasonably and necessarily required for such filing, checking and tabulating. On the basis of such finding the Commissioner or Commission shall fix and limit the period during which such assents may be received by the Commissioner or Commission and such period shall be announced by the Commissioner or Commission at the time of mailing of assent forms to producers and handlers affected; provided, however, that if the Commissioner or Commission finds that an extension of such period is reasonably warranted they may extend such period for receiving assents. At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing

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order which directly affects producers or producer marketing, the Commissioner or Commission shall also receive testimony or evidence from which he or they can determine whether the assent, approval or favor of such producers shall be determined by written assents or by referendum as hereinabove prescribed. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the Commissioner or Commission shall make a finding, based upon testimony and evidence received, whether producer assent, approval or favor shall be determined by written assents or by referendum. If the Commissioner or Commission finds that a referendum shall be had, he or they shall direct that a referendum be held in accordance with the provisions of subdivision (a) (2) of this section. If a referendum is conducted, the Commissioner or Commission shall not be required, with respect to the assent, approval or favor of producers, to make a finding concerning or fix and limit the period during which assents may be received. (5) Any referendum or assent in writing to a marketing order under the provisions of subsection (a), paragraphs (8), (11), and (12) of section 13 shall be held pursuant to the provisions of this Section and upon the approval thereof by two-thirds of those voting therein where the total vote cast thereon represents not less than 25% of those eligible to vote or where the total vote cast thereon represents not less than 25% of the total amount of the affected agricultural commodity, such marketing order may be declared by the Commission to be approved. (6) In any referendum under the provisions of this subsection the Commission or Commissioner shall not be authorized to extend the referendum period beyond a period of ninety (90) days, and in the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of twelve (12) months from the date of the close of the previous referendum period. (b) Subject to the provisions, restrictions and limitations

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imposed herein, the Commissioner or Commission may issue marketing orders regulating producer marketing, the processing, distributing or handling in any manner of agricultural commodities by any and all persons engaged in such producer marketing, processing, distributing or handling of such agricultural commodities within this State. (c) The Commissioner or Commission shall suspend or terminate any marketing order, whenever it is found, after a public hearing duly noticed and held in accordance with the provisions of Section 11 of this Act, that such marketing order is contrary to or does not tend to effectuate the declared purposes or provisions of this Act within the standards and subject to the limitations and restrictions herein imposed; provided, that such suspension or termination shall not become effective until the expiration of the marketing season then current. If the Commissioner or Commission finds that the termination of any marketing order is requested in writing by more than forty percent (40%) of the producers, who are engaged within the State of Georgia in the production for market of the agricultural commodity specified in such marketing order, and who produce forty percent (40%) of the volume of such agricultural commodity produced within the State of Georgia for market, and finds that the termination of such marketing order is requested in writing by handlers who handle more than forty percent (40%) of the volume of the agricultural commodity covered thereby and by more than forty percent (40%) of the number of handlers of the agricultural commodity covered thereby, the Commissioner or Commission shall, if he or they finds such marketing order is contrary to or does not tend to carry out the declared policy of this Act, terminate such marketing order; provided, that such termination shall be effective only if announced on or before such date (prior to the end of the marketing period then current) as may be specified in such marketing order. (d) Upon the recommendation of not less than three of the appointive members of the Commission, the Commissioner

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or Commission may make effective minor amendments to a marketing order. The Commissioner or Commission may require a public hearing upon minor amendments if in his or their opinion the substance of such minor amendments so warrant; the Commissioner or Commission shall, however, not be required to submit minor amendments for written assents or referendum approval. In making effective major amendments to a marketing order the Commissioner or Commission shall follow the same procedures prescribed in this Act for the institution of a marketing order. For the purposes of this Act a major amendment to a marketing order shall include but not be limited to any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (1) Authority for determining the existence and extent of the surplus of any agricultural commodity or of any grade, size or quality thereof and providing for the control and disposition of such surplus and for equalizing the burden of such surplus elimination and shall also include the establishment of a stabilization fund for equalizing surplus obligations. (2) Authority for limiting the total quantity of any agricultural commodity or of any grade, size or quality thereof which may be prepared for market or marketed within the State of Georgia. (3) Authority for allotting the quantity of any agricultural commodity or of any grade, size or quality thereof which any handler may purchase or acquire from or handle on behalf of any and all producers thereof within the State of Georgia. (4) Authority for allotting the quantity of any agricultural commodity or of any grade, size or quality thereof which any handler may process, distribute or handle within the State of Georgia.

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(5) Authority for regulating the period or periods during which any agricultural commodity or any grade, size or quality of such commodity may be processed, distributed or otherwise marketed within the State of Georgia. (6) Authority for the establishment of surplus, stabilization, or by product pools for any agricultural commodity or of any grade, size, quality or condition thereof. (7) Authority for the establishment of uniform grading and inspection of any agricultural commodity and the establishment of grading standards of quality, condition, size or pack of such commodity. (8) Authority for the establishment of plans for advertising and sales promotion of any agricultural commodity. (9) Authority to prohibit unfair trade practices. (10) Authority for the establishment of production adjustment requirements and benefit payments relating thereto. (11) Authority for carrying out research studies in the production, processing or distribution of any agricultural commodity. (12) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect. (13) Authority to extend the application of the provisions of any marketing order to portions or uses of an agricultural commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of any such commodity. Modification of any provisions of any marketing order in effect for the purpose of clarifying the meaning or application of such provisions or modifying administrative procedures for carrying out such provisions are hereby

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declared not to be a major amendment of such marketing order. (e) Upon issuance of any order making effective a marketing order, or any suspension, amendment or termination thereof, a notice thereof shall be posted on a public bulletin board to be maintained by the Commissioner or Commission in the office and a copy of such notice shall be published as the Commissioner or Commission may prescribe. No marketing order or any suspension, amendment or termination thereof shall become effective until the termination of a period of five (5) days from the date of such posting and publication. It shall also be the duty of the Commissioner or Commission to mail a copy of the notice of said issuance to all persons, directly affected by the terms of such marketing order, suspension, amendment or termination, whose names and addresses may be on file in the office of the Commissioner or Commission and to every person who files in the office of the Commissioner or Commission a written request for such notice. (f) The Commissioner or Commission shall have power, consistent with this Act and in accordance with the provisions of marketing orders and agreements made effective hereunder, to establish such general rules and regulations for uniform application to all marketing orders and marketing agreements issued hereunder as may be necessary to facilitate the administration and enforcement of such marketing orders and agreements. The provisions of paragraph (e) of this section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this paragraph and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or Commission for each marketing order or marketing agreement in active operation. (g) Upon recommendation of the Commission concerned, the Commissioner shall have power, consistent with this Act, to establish administrative rules and regulations for each marketing order or marketing agreement issued and made effective as may be necessary to

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facilitate the supervision, administration and enforcement of each such order or agreement. The provisions of paragraph (e) of this section relative to posting, publication, mailing of notice and time of taking effect shall be applicable to any such administrative rules and regulations. (h) Upon recommendation of the Commission concerned, the Commissioner may, without prior notice to and public hearing for the producers or handlers of the commodity directly affected, issue and make effective seasonal marketing regulations or modifications thereof; provided, that the marketing order, or agreement concerned, made effective after due notice, public hearing and written assent as required by this act, (1) provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing and (2) sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the Commissioner; and provided further, that the Commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order or agreement and will effectuate the declared purposes and policies of the act with respect to such agricultural commodity. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the Commissioner to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable marketing order or agreement or as specified in the administrative rules and regulations made effective for such marketing order or agreement pursuant to paragraph (g) hereof. It is recognized that with respect to some agricultural commodities, marketing, weather and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or oftener. It is intended that the provisions of this subsection be

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interpreted liberally so that the Commissioner and Commission may be enabled to carry out the marketing regulations and procedures authorized herein in a practical and effective manner. Section 15. Any producer who sells a growing crop to be harvested and marketed by another person shall be entitled to assent to, or vote in a referendum upon, a marketing order or major amendment thereto; provided, at the time of sale of such growing crop such producer retains the exclusive right to so assent or to so vote; and provided further, that the quantity of such growing crop so harvested or marketed can be determined to the satisfaction of the Commission or Commissioner. Producers. Section 16. (a) For the purpose of providing funds to defray the necessary expenses incurred by the Commission or Commissioner in the formulation, issuance, administration and enforcement of each marketing order issued hereunder, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. The Commission in administering such marketing order shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the Commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses they may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the Commissioner or Commission, at such times and in such installments as the Commission may prescribe, an assessment based upon the units in which such agricultural commodity is marketed, or upon any other uniform basis which the Commission determines to be reasonable and equitable, but in amounts which in the case of producers will not exceed two and one-half percent (2%) of

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the gross dollar volume of sales, of the commodity affected, by all such producers, regulated by such marketing order or in amounts which in the case of processors, distributors or other handlers will not exceed two and one-half percent (2%) of the gross dollar volume of purchases of the commodity affected by the marketing order from producers or of the gross dollar volume of sales of the commodity affected by the marketing order and handled by all such processors, distributors or other handlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. Assessments. The assessments, fees and other levies adopted pursuant to the provisions of this section are hereby expressly levied by the General Assembly as provided by the Constitution of this State. The Commission may require each and every producer, distributor or handler directly regulated by any marketing order to deposit in advance, an amount based upon the estimated number of units to be marketed by such producer or handled by such processor, distributor or handler, or upon any other uniform basis which the Commission determines to be reasonable and equitable, such bases to be applicable during the marketing season or seasons during which such marketing order is effective. At any time after the funds credited to the administrative account of the marketing order are sufficient to so warrant, or at the close of the marketing season, the sums so deposited shall be adjusted to the amount which is chargeable against such producer, processor, distributor or handler upon the basis of the actual number of units marketed by such producer or handled by such processor, distributor or handler, or upon the same uniform basis under which such funds were assessed by the Commission, during such marketing season. (b) Each marketing order which authorizes carrying out advertising and sales promotion plans shall provide for the levying and collection or assessments in sufficient

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amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. The Commission shall adopt budgets to cover such expenses and the assessment rate necessary to provide sufficient funds. If the Commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses they may approve such budget and approve and levy such assessment. The assessments, fees and other levies adopted pursuant to the provisions of this section are hereby expressly levied by the General Assembly as provided by the Constitution of this State. Any assessments so established shall be based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the Commission determines to be proper and equitable. Any assessment rates established hereunder shall be in amounts not to exceed four per cent (4%) of the gross dollar volume of sales by all producers or by all processors, distributors or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. For the purpose of providing funds to cover the costs of such advertising or sales promotion plans incurred prior to the receipt of sufficient funds from assessments as provided herein, the Commission may require each person so assessed to deposit in advance an amount not exceeding twenty-five percent (25%) of such assessment, based upon the estimated number of units of such commodity to be marketed or handled by such person, or upon any other uniform basis which the Commission determines to be reasonable and equitable, during such marketing season. At any time after the funds credited to the advertising or sales promotion account of the marketing order are sufficient to so warrant, or at the close of the marketing season, the sum so deposited by such person shall be adjusted to the amount which is properly chargeable

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against such person pursuant to the assessment authorized herein. (c) In lieu of the assessments to defray the costs of formulation, issuance, administration and enforcement and advertising or sales promotion provided for in paragraphs (a) and (b) hereof, if the marketing order contains provisions for advertising or sales promotion as authorized in this Act, the Commission may approve and fix one assessment not exceeding six and one-half (6%) percent of the gross dollar volume of sales of such commodity by all producers, or by all processors, distributors or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assessment and collection thereof, and the limitations and restrictions applicable thereupon, shall conform in all respects with the provisions of paragraph (b) hereof, except as to the maximum amount of such assessment. In such case the Commission shall approve the proportions of such assessments which may be expended to defray the costs of formulation, issuance, administration and enforcement of the marketing order and of such advertising or sales promotion program; provided, that, the proportion of such assessments which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in paragraph (a) of this section. (d) In the event any Commission of any marketing order has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the Commission is authorized to borrow money with or without interest to carry out any provision of any marketing order authorized by this chapter, and may hypothecate anticipated assessment collections applicable to such respective provisions. In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses

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until such time as sufficient moneys are collected for such purpose from the payment of assessments established pursuant to Section 16 of this Act, the Commissioner is authorized to receive and disburse for such expense purposes contributions made by producers, processors, distributors or other handlers. Neither the Commission nor the Commissioner shall be held responsible for the repayment of such contributions; provided, however, that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient to so warrant, the Commission shall recommend and the Commissioner shall repay contributions or authorize the application of such contributions to the assessment obligations of persons who made such contributions. (e) For the convenience of making collections of any producer assessments established pursuant to this section, the Commissioner may collect such assessments from the handlers of the commodity being regulated. Handlers paying such assessments for and on behalf of any producers are authorized to deduct such producer assessments from any moneys owed by such handlers to such producers. Any marketing order may provide that handlers shall deduct producer assessments from any moneys owed by such handlers to such producers. The Commissioner shall prescribe rules and regulations with respect to the assessment and collection of funds pursuant to the provisions of this section. (f) Any moneys collected by the Commissioner or Commission pursuant to this Act shall be deposited in a bank or banks, or other depository, approved by the Commission, allocated to each marketing order under which they are collected, and disbursed by the Commissioner only for the necessary expenses incurred by the Commission and the Commissioner as approved by the Commission with respect to each such separate marketing order. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by

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the Commissioner shall be audited at least annually by the State Auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner and the affected Commission. Any moneys remaining in such funds, allocable to any particular agricultural commodity affected by a marketing order, at the discretion of the Commission, may be refunded at the close of any marketing season upon a pro rata basis, to all persons from whom assessments were collected, or such portion of such moneys as may be recommended by the Commission and approved by the Commissioner may be carried over into the next succeeding marketing season whenever the Commission finds that such money may be required to assist in defraying the costs of operating such marketing order in such succeeding marketing season; provided, that upon termination by the Commissioner or Commission of any marketing order, any and all moneys remaining, and not required by the Commission to defray the expenses of such marketing order, may be returned by the Commission upon a pro rata basis, to all persons from whom assessments were collected; provided further, however, that if the Commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons, the Commission may use the moneys in such fund to defray the expenses incurred in the formulation, issuance, administration or enforcement of any subsequent marketing order for such commodity. Thereafter, if there are any such moneys remaining which have not been used by the Commission as hereinabove provided, same shall be paid into the State Treasury as unclaimed trust moneys. (g) Moneys deposited by the Commissioner pursuant to this section, which the Commissioner with the approval of the Commission, determines are available for investment, may be invested or reinvested by the Commissioner as provided for funds of the State of Georgia or any retirement system created by law.

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Section 17. (a) Marketing orders issued by the Commissioner or Commission under this Act may be limited in their application by prescribing the marketing areas or portions of the State in which a particular order shall be effective. Provided, that, no marketing order shall be issued by the Commissioner or Commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this State. Limitations of marketing orders. (b) Whenever producers or handlers of an agricultural commodity regulated by a marketing order or marketing agreement issued by the Commissioner or Commission pursuant to the provisions of this Act are required to comply with minimum quality, condition, size or maturity regulations, no person may, except as otherwise provided in said order or agreement, process, distribute, or otherwise handle any of such agricultural commodity from any source, whether produced with or without the State of Georgia, which commodity does not meet such minimum requirements applicable upon producers or handlers of said commodity in Georgia, except that such regulations shall not apply to any commodity which has been produced outside of this State and is in transit on the effective date of the regulations. Section 18. The following penalties, remedies, procedures and actions shall apply in instances of violations and complaints of violations of the provisions of this Act or of any marketing order or the rules and regulations issued by the Commission under the authority of this Act or any marketing order issued and effective thereunder: Penalties. (a) Every person who violates any provision of this Act or any provision of any marketing order duly issued by the Commissioner or Commission hereunder, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. (b) Any person who violates any provision of this Act or any marketing order duly issued by the Commissioner

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or Commission and in effect hereunder, or who violates any rule or regulation issued by the Commissioner pursuant to the provisions of this act or of any marketing order duly issued and effective hereunder, shall be liable civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each and every violation thereof. In addition to such civil penalty, any person knowingly exceeding any quota or allotment or marketable percentage fixed for him under any marketing order, or rule or regulation issued thereunder, shall forfeit to the Commissioner, for the use and benefit of the affected Commission a sum equal to the current market value of such excess (or three times such amount, in the discretion of the court) which forfeiture may be recovered in a civil suit brought in the name of the Commissioner for the use and benefit of the affected Commission. Any moneys recovered pursuant to this subdivision shall be deposited in accordance with sub-division (f) of section 16. (c) The Commissioner, on his own motion, may, or upon complaint of any interested party charging a violation of any provision of this Act or of any provision of any marketing order or any rule or regulation issued by the Commissioner or Commission and effective hereunder, shall either refer the matter directly to the Attorney General of this State or any prosecuting attorney of this State for the institution of legal proceedings thereupon, or, if the Commissioner deems it necessary or advisable, he shall immediately call an administrative hearing after notice, to consider the charges set forth in such verified complaint. In case the matter is referred directly by the Commissioner to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and evidence he believes that a violation has occurred, to thereupon bring an appropriate action or actions in a court or courts of competent jurisdiction in this State. (d) In case an administrative hearing is called by the

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Commissioner, the Commissioner shall cause a copy of such complaint, together with a notice of the time and place of hearing of such complaint, to be served personally or by mail upon the person or persons named as respondent or respondents in such verified complaint. Such service shall be made at least 10 days before said hearing. At the time and place designated for such administrative hearing, the Commissioner or his agents shall hear the parties to said complaint and shall enter his findings based upon the facts established at such hearing. If from the testimony and evidence adduced at such administrative hearing the Commissioner finds that no violation has occurred he shall forthwith dismiss such complaint and notify the parties to such complaint. (e) If the Commissioner finds from said administrative hearing that a violation has occurred he shall so enter his findings and notify the parties to such complaint. In his discretion the Commissioner shall either refer the matter to the Attorney General for the institution of legal proceedings or he may notify such parties to cease and desist from further violation. Upon their refusal or failure to comply, or if he finds that the facts or circumstances warrant immediate prosecution, the Commissioner shall file a complaint with the Attorney General or any prosecuting attorney of this State requesting that such officer commence any or all actions authorized in this section against such respondent or respondents in a court of competent jurisdiction. (f) The Attorney General of this State shall upon complaint by the Commissioner or may, upon his own initiative, if, after examination of the complaint and evidence he believes a violation to have occurred, bring an action in the name of the Commissioner of this State in the Superior Court for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order, or any rule or regulation issued hereunder, or both, against any person violating any provisions of this Act of or any marketing order or any rule or regulation duly issued by the Commissioner or Commission hereunder.

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(g) If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court shall find, in any such action, that any defendant therein is violating, or has violated any provision of this Act, or of any marketing order, or any rule or regulation duly issued by the Commissioner hereunder, then the court shall enjoin the defendant from committing further violations, and may compel specific performance of any obligation imposed by a marketing order, or any rule or regulation issued by the Commissioner or Commission hereunder. (h) In any suit brought by the Attorney General to enforce any of the provisions of this Act or of any marketing order issued by the Commissioner or Commission and effective hereunder or of any rule or regulation issued by the Commissioner or Commission pursuant to the provisions of any marketing order, the judgment, if in favor of the Commissioner, may provide that the defendant pay to the Commissioner or Commission the costs incurred by the Commissioner or by the Commission concerned with the administration of such marketing order in the prosecution of such action. (i) Whenever the use by a producer or handler of a particular emblem, label, certificate or other distinctive designation of grade, quality or condition other than grade or other quality designations then in effect pursuant to state or federal grade standards is made contingent upon compliance with certain production or handling regulations authorized by the provisions of a marketing order or agreement issued and made effective hereunder, it shall be unlawful and a violation of this Act for any person, who is not participating in and complying with such order, agreement or regulations to use such designation of grade, quality or condition. (j) It shall be a misdemeanor for: (1) Any person to wilfully render or furnish a false

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or fraudulent report, statement or record required pursuant to the provisions of this Act, or any marketing order effective thereunder; (2) Any person engaged in the handling or processing or any agricultural commodity or in the wholesale or retail trade thereof to fail or refuse to furnish upon request, information concerning the name and address of the persons from whom he has received an agricultural commodity regulated by a marketing order issued and in effect hereunder, and the quantity of such commodity so received. (k) The penalties and remedies prescribed in this section with respect to any violation mentioned in this section shall be concurrent and alternative and neither singly nor combined shall the same be exclusive and either singly or combined the same shall be cumulative with any and all other civil, criminal or administrative rights, remedies, forfeitures or penalties provided or allowed by law with respect to any such violation. (l) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with the provisions of any marketing order made effective pursuant to this Act may enter and inspect any premises, enclosure, buildings or conveyance where he has reason to believe any agricultural commodity subject to a marketing order is produced, stored, being prepared for market or marketed, and inspect or cause to be inspected such representative samples of the commodity as may be necessary to determine whether or not any lot of said commodity is in compliance with applicable regulations of any marketing order made effective pursuant to the provisions of this Act. (m) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any agricultural commodity subject to a marketing order or marketing agreement issued hereunder is not in compliance with the requirements of such marketing order or agreement, or of marketing

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rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements but in any event not to exceed 24 hours in the case of perishables or 72 hours in the case of nonperishables, except as hereinafter provided. Following inspection, such inspector or other authorized person may affix to any lot which is determined to be in non-compliance, an official notice, warning tag or other appropriate marking warning that the lot is held and stating the reasons therefor. It is unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface or destroy any such official notice, warning tag or marking so affixed to any such lot or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance except upon written permission of an authorized enforcing officer or by order of a court of competent jurisdiction. The Commissioner or the authorized person by whom such lot is being held, shall serve the person in possession of said lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of such person in possession. It shall be the duty of such person in possession to notify the owner of said lot or other persons having an interest therein, of the serving of such notice of noncompliance. Such notice of noncompliance shall include a description of the lot, the place where and the reasons for which it is held and shall cite the applicable marketing order or agreement or marketing rules and regulations and the section or sections thereof upon which said notice of noncompliance is based. The owner of said lot shall have, in the case of a perishable commodity not to exceed 48 hours, and in the case of a nonperishable commodity not to exceed 72

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hours from the time of serving such notice of noncompliance for reconditioning or for the correction of the deficiencies noted in said notice of noncompliance. If such lot is reconditioned or the deficiencies corrected the enforcing officer shall remove said warning tags or markings and release said lot for marketing; or with the consent of the owner of such lot the enforcing officer is hereby authorized to divert said lot to other lawful uses or to destroy such lot. (n) If the owner of such lot fails or refuses to give such consent, or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring said lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided hereinafter. The Commissioner may file a verified petition in the superior court of the county where the agricultural commodity is held or the county of the residence of the owner thereof, requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the territorial jurisdiction of the court in which said petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held, and the notice of non-compliance has been served as hereinbefore provided; that the lot has not been reconditioned as required; the name and address of the owner and the person in possession of said lot and that the owner has refused permission to divert or to destroy said lot. Upon the filing of such verified petition the court may issue an order to show cause returnable in five (5) days after service upon the owner why the lot shall not be reconditioned or the deficiencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of said lot may, prior to the date when said order to show cause is returnable, either recondition or correct the deficiencies in said lot so as to bring said lot into compliance or may file at or before the hearing on said order an answer with the court showing why said lot shall not be reconditioned or the deficiencies corrected so as to bring it into

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compliance or showing why said lot should not be diverted to other lawful uses or destroyed. If at the expiration of the said period the owner of said lot has failed or refused to recondition or to correct the deficiencies so as to bring said lot into compliance the court may enter judgment ordering that said lot be reconditioned or diverted to any other lawful uses or destroyed in the manner directed by the court or relabeled, or denatured or otherwise processed, or sold or released upon such conditions as the court in its discretion may impose, except that said lot may not be sold or released into the regular channels of trade. In the event of sale of any lot by order of court, the costs of storage, handling and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the account of the owner of any such lot. (o) Disposal of any lot or portion of any lot pursuant to the provisions of this section whether such disposal be by arrangement with an enforcement officer or by court order shall not waive any of the penalty provisions of this Act. Section 19. The provisions of subsections (l), (m), (n), and (o) of section 18 hereof shall apply to any lot of any agricultural commodity regulated by a marketing order or marketing agreement wherever, or in whose possession, such lot may be in the marketing channels within the State of Georgia. Intent. Section 20. Any assessment herein levied in such specified amount as may be determined by the Commissioner or Commission pursuant to the provisions of this Act, shall constitute a personal debt of every person so assessed and shall be due and payable to the Commissioner when payment is called for by the Commissioner. In the event of failure of such person or persons to pay any such assessment upon the date determined by the Commissioner, the Commissioner may file a complaint

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against such person or persons in a court of competent jurisdiction for the collection thereof. Assessments personal debts. In the event any producer or handler duly assessed pursuant to the provisions of this Act fails to pay to the Commissioner the amount so assessed on or before the date specified by the Commissioner, the Commissioner is hereby authorized to add to such unpaid assessment an amount not exceeding ten per cent (10%) of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. Section 21. The members of any such Commission including employees thereof, and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, processor, distributor or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of any such Commission. The liability of the members of such board shall be several and not joint and no member shall be liable for the default of any other member. Liability of Commission and employees. Section 22. (a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this Act, to maintain books and records reflecting their operations under said marketing order, and to furnish to the Commissioner, or his duly authorized or designated representatives, such information as may be from time to time requested by them relating to operations under said marketing order, and to permit the inspection by said Commissioner or his duly authorized or designated representatives, of such portions of such books and records as relate to operations under said marketing order. Records. (b) Information obtained by any person hereunder shall be confidential and shall not be by him disclosed to any other person save to a person with like right to

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obtain the same or any attorney employed to give legal advice thereupon, or by court order. (c) For the purpose of carrying out the purposes of this section, the Commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas for the production of books, records or documents of any kind. Section 23. (a) In the event of the Commissioner or Commission finds that it tends to effectuate the declared purposes of this Act within the standards prescribed in this Act, the Commissioner or Commission may issue a marketing order, applicable to the marketing, within the State of Georgia, of any agricultural commodity, containing like terms, provisions, methods, and procedures as any license or order regulating the marketing of such commodity in interstate or foreign commerce, issued by the Secretary of Agriculture of the United States pursuant to the provisions of any law or laws of the United States. In selecting the members of any agency under such marketing order, the Commissioner or Commission shall, insofar as practicable, utilize the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflicting personnel. Powers of Commissioner and Commission. Provided, that, agency or committee so appointed by the Commissioner or Commission shall be responsible to the Commissioner or the Commission for the performance of such of their duties as relate to the administration of any such marketing order issued by the Commissioner or Commission hereunder: (b) The Commissioner or Commission are hereby authorized to confer with and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses or orders, and the Commissioner or Commission are authorized to conduct joint hearings, issue joint or concurrent marketing orders, for the purposes

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and within the standards set forth in this Act, and may exercise any administrative authority prescribed by this Act to effect such uniformity of administration and regulation. (c) Nothing in this Act contained shall apply to any order, rule or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission with respect to the operation of common carriers. Section 24. The provisions of this Act shall not be applicable to retailers of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities as defined in this Act. Retailers. Section 25. Any person who shall violate any provision of this Act, for which no penalty for the violation is specifically provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Misdemeanors. Section 26. Any person who shall handle funds under the provisions of this Act shal be bonded with the good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his hands. Bonds. Section 27. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1961.

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TEACHERS' RETIREMENT ACT AMENDED. No. 275 (House Bill No. 22). An Act to amend an Act establishing a retirement system for teachers in the State Public Schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by Acts approved January 26, 1950 (Ga. L. 1950, p. 32), February 16, 1950 (Ga. L. 1950, p. 261), February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 238), March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 373), December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess. p. 114), February 27, 1956, (Ga. L. 1956, p. 400), and an Act approved March 25, 1958 (Ga. L. 1958, p. 690), so as to vest retroactively in members who withdrew from service prior to attaining retirement age and who completed at least twenty years of creditable service prior to January 1, 1954, and who have not withdrawn their contributions, service retirement benefits upon their attainment of age sixty or subsequent thereto; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by Acts approved January 26, 1950 (Ga. L. 1950, p. 32), February 16, 1950 (Ga. L. 1950, p. 261), February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 238), March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 373), December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 114), February 27, 1956 (Ga. L. 1956, p. 400), and an Act approved March 25, 1958 (Ga. L. 1958, p. 690), is hereby amended by adding at the end of subsection (10) of section 5 of said Act a new sentence which shall read as follows: Any other provisions of this Act to the contrary notwithstanding, the provisions of this subsection shall inure

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retroactively to the benefit of all members who completed at least twenty years creditable service prior to January 1, 1954, and who have not withdrawn their contributions. so that when so amended subsection (10) of Section 5 shall read as follows: (10) Any other provision of this Act to the contrary notwithstanding, the right of the service retirement benefit under the provisions of this Act shall vest in a member who withdraws from service prior to attaining age sixty, providing said member shall have completed at least twenty years of creditable service and has not withdrawn his contributions. Said member shall upon filing an application as provided in this Act become entitled to service retirement benefit upon his attainment of the age of sixty or at his option at any date subsequent thereto, not to exceed two years. The service retirement benefit of any such member shall be as set forth in this Act based on the total credits accrued at the date of his withdrawal from service, provided that if an application for retirement is not filed within the stipulated two year period, or if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contribution at the time of his withdrawal from service, and nothing in this Act shall be construed as providing for any benefits prior to attaining age sixty other than a return of the contributions in case of death. Any other provisions of this Act to the contrary notwithstanding, the provisions of this subsection shall inure retroactively to the benefit of all members who completed at least twenty years creditable service prior to January 1, 1954, and who have not withdrawn their contributions. Retirement benefits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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COURT REPORTERSCONTINGENT EXPENSE AND TRAVEL ALLOWANCE No. 276 (House Bill No. 34). An Act to authorize and provide a contingent expense and travel allowance, payable from the treasury of the State of Georgia, for all duly appointed reporters of the superior courts of the judicial circuits of the State of Georgia; to provide for the method of paying said allowance and the amount thereof; to provide for the method of certification of the names and addresses of all persons duly appointed reporters for the superior courts to the Treasurer of the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, the Treasurer of the State of Georgia is authorized and directed to pay from the State Treasury the sums specified in section 2 of this Act as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of the State of Georgia, said sum being in addition to the compensation of said superior court reporters now provided by law. Expense allowance. Section 2. The amounts payable under this Act to superior court reporters as contingent expense and travel allowance shall be as follows: (a) For reporters of judicial circuits consisting of one county only$50.00 per month; (b) For reporters of judicial circuits consisting of two counties$75.00 per month; Amount. (c) For reporters of judicial circuits consisting of three counties$100.00 per month; (d) For reporters of judicial circuits consisting of four counties$125.00 per month.

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(e) For reporters of judicial circuits consisting of five or more counties$150.00 per month. Section 3. Provided that any person who is a duly appointed reporter for the superior courts in more than one judicial circuit shall receive only one contingent expense and travel allowance in the amount provided for the circuit consisting of the largest number of counties in which he is so appointed. Same. Section 4. Provided further that all laws applicable to any circuit or counties of this State governing the compensation of court reporters therein, heretofore enacted by the General Assembly shall be and remain of full force and effect. Intent. Section 5. Within 30 days after the passage of this Act and annually during the month of January thereafter the judge or presiding judge of each judicial circuit of the State of Georgia shall certify to the Treasurer of the State of Georgia the names and addresses of all persons duly appointed reporters for the superior courts in his judicial circuit and shall thereafter notify the said Treasurer of the removal of said persons from office or the appointment of additional persons as superior court reporters together with the effective date of such removal of appointment. Certification by judge. Section 6. All laws in conflict herewith are hereby repealed. Approved April 5, 1961.

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GENERAL APPROPRIATIONS ACT. No. 277 (House Bill No. 90). An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for Roads and for all other governmental activities authorized by law for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law; to provide for the control and administration of the funds; and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law. LEGISLATIVE . Section 1. Legislative Department $ 1,248,000.00 For compensation as fixed by previous laws for mileage at the rate of 10 per mile for four (4) round trips, for each regular session and number of round trips for any and all extra-ordinary sessions of the General Assembly as set by each such extra-ordinary session; Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allowances as Members of the Senate and House of Representatives, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel expense of members of legislative committees; for cost of operating the office of Lieutenant-Governor and Speaker of the House of Representatives authorized by law; for membership in Council of State Governments, National Conference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, including rental or purchase of voting machine for House of Representatives and the necessary cost of renovating and repairing the housing facilities for the Senate and House of Representatives; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of State Auditor to General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; and for cost of Legislative Counsel as authorized by law. Provided, further, that the Members of the General Assembly shall be paid the ten dollars per diem and the five dollar allowance heretofore authorized by law and as further authorized by law as cited herein shall be paid an additional maintenance expense allowance of twentyfive dollars for each day in attendance at a session of the General Assembly and said maintenance expense allowance, which is authorized by general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State government as provided for by Art. III, Sec. VII, Par. IX of the Constitution of Georgia. Provided, further, the per diem allowance provided for in the foregoing shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both branches of the General Assembly to receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Provided, however, that a Member of the General Assembly serving as a member of a regular or special committee shall be limited to and shall be paid for each day of service on said committee when the General Assembly is not in session, twenty dollars per diem, expenses and mileage while performing such committee duties. (A) For exclusive use for repairs, refurbishing, painting and equipping committee rooms, the Senate and House chambers and offices attached thereto or otherwise required for the use of the Legislative Branch in the State Capitol Building $ 100.00

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JUDICIARY . Section 2. For the cost of operating the Supreme Court $ 325,000.00 Section 3. For the cost of operating the Court of Appeals $ 350,000.00 Section 4. For the cost of operating the Superior Courts including such contingent expense allowances authorized by law, the payment of six cents per mile for transportation authorized by law and such other expense items chargeable to this appropriation as may be authorized by law $ 875,000.00 Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals $ 35,000.00 Section 6. For the cost of operating the Judicial Council $ 2,500.00 EDUCATION . Section 7. For matching vocational rehabilitation funds in cooperation with the Federal Government; for operations of vocational trade schools; for operations of public and rural library programs; for operations of School for Deaf and Academy for the Blind; for grants for aid to the public common schools under provisions of law; for free textbooks for the children attending public common schools; for the salaries of county school superintendents; for the operating cost of the Department; for educational grants including the grants to teachers for scholarships as provided by law; and for any and other expenses authorized by law payable from the common school fund $ 184,000,000.00 Provided, that effective July 1, 1962 this appropriation shall be increased to the amount of $188,100,000.00 and said amount shall be the appropriation for the year July 1, 1962 through June 30, 1963 until modified or repealed as authorized by law. Provided, that the State Board of Education shall within the first thirty days of each fiscal period make an apportionment of this appropriation, together with other funds available to the various activities of the Department of Education and immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. Provided, however, that the State Board of Education shall in each fiscal period make an allotment of not less than twenty million dollars to pay the annual capital outlay commitments required under lease contracts with the State School Building Authority, this amount of appropriation for capital outlay purposes shall be in compliance with the provisions of State Constitution ratified 1960 General Election, pertaining to Authority lease contract obligations. Provided further that the State Board of Education, in making the allotment of funds to be paid to the local school systems shall allot sufficient money for the fiscal year beginning July 1, 1961 to pay to each local school system the amount of funds required to pay each state allotted teacher employed by such local school system a salary increase of $300 per year effective July 1, 1961, and to pay each local school system the amount of funds required to pay each school bus driver employed by such local school system a salary increase of $200 per year, effective July 1, 1961. Provided, further, that the expenditure of any of the appropriation made in this section shall be subject to all provisions of the Constitution of Georgia regulating the creation of indebtedness and by all budget regulations of general application which are or may be in force and effect. (a) No part of this appropriation shall be available until made available from time to time by written order of the State Budget Authorities. (b) The State Board of Education within the first thirty days of each fiscal period, shall make an apportionment of the funds available to the Department of Education from this appropriation and all other sources, and upon written approval of said apportionment or any item thereof by the State Budget Authorities, the funds covered by apportionment or item approved shall become available. Said Board shall have no power to include within such apportionment any funds for the benefit of public schools within any school district in which the public schools are operated in any manner other than that provided in subsection (a) above; nor shall the State Budget Authorities have any power to approve or make available any funds for such schools. If after the making and approval of any apportionment for the benefit of public schools within any school district such public schools shall thereafter be operated in any manner other than that provided in subsection (a) above, no further funds shall be paid from such apportionment. (c) After approval by the State Budget Authorities of an apportionment of the State Board of Education or any item thereof, any and all obligations and commitments in excess of the funds approved or violative of any of the provisions of this Section 7 shall be null and void, and the appropriations made in this Section 7 are subject to all provisions of the Constitution of this State and all budget requirements not inconsistent herewith now or hereafter of general application. Section 8. (a) For the cost of operating the State Board of Regents; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for cost of operating the State Soil Conservation Committee an amount of $200,000.00; for scholarships authorized by law $100,000.00; for experimental purposes; and for the cost of use and/or acquiring additions to plant and equipment for the University System $ 29,885,000.00 Provided, that effective July 1, 1962 this appropriation shall be increased to the amount of $31,725,000 and said amount shall be the appropriation for the year July 1, 1962 - June 30, 1963 until modified or repealed as provided by law. Provided, that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from Federal government, donations, gifts, earning from fees, rents, sales, and any and all other sources of income. Provided, that the State Board of Regents shall within the first thirty days of each fiscal period first make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property, as provided for in the provision of the State Constitution, ratified 1960 General Election and shall second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. Provided, further, that no provision in this Act or other laws shall be construed as authorizing the reduction of or the voiding of any part of the appropriations made in this section which is required to be allotted each fiscal year to meet the annual payments required under the fixed lease contracts with the University System Building Authority for the acquisition of property. Provided, further, that all expenditures or obligations authorized by the State Board of Regents or any agency thereof, regardless of the source of funds therefor, shall be governed by the provisions of the Constitution of the State of Georgia regulating the creation of indebtedness and by the laws and budget regulations of general application which are authorized by the General Assembly. (a) No part of this appropriation nor any funds realized by the State Board of Regents or the University System or any school or college from the Federal Government or from donations, gifts, earnings, fees, rents, sales or from any other source of income, shall be available for use or expenditure until made available from time to time by written order of the State Budget Authorities. (b) No funds appropriated by this Section 8 or derived from the sources of revenue referred to in subsection (a) hereof, shall be used or expended for any school or college except as herein otherwise provided and in conformity to the following: The State Board of Regents, within the first thirty days of each fiscal period, shall make an apportionment of funds to the various schools and colleges in the University System or operated by the State Board of Regents or otherwise within the provisions of this Section 8, first including in such apportionment the amounts necessary in each fiscal year to pay the lease contract commitments for the acquisition of property, and upon written approval of such apportionment or any item thereof by the State Budget Authorities, the apportionment or item so approved by the State Budget Authorities shall be available for use and expenditure. (c) For cost of operating the Eugene Talmadge Memorial Hospital under control of the Board of Regents $ 3,500,000.00 (d) For cost of operating the State Medical Education Board including the payment of medical scholarships as authorized by provisions of the Georgia State Constitution $ 150,000.00 Provided, however, that should a reduction or pro rata cut be made under the terms of this Act, or by law, the Budget Bureau, in reallocation of any surplus created thereby, except for contingencies authorized by this Act or for emergencies determined by the Budget Bureau, shall first allocate to the department of Education to restore all or any part of any reduction in teachers' salaries only, and all or any part of reduction in bus drivers' salaries only, or to restore all or any part of any reduction made in the appropriation hereunder for welfare assistance benefits only. In the event, of restoration of any appropriations, other than those set forth above, they shall be restored on a pro-rata basis to the extent that funds are available, as determined by budget authorities. Section 9. For the State's contribution to the teacher retirement fund, including cost of administration $ 11,268,000.00 Provided, that effective July 1, 1962 this appropriation shall be increased to the amount of $11,671,000.00 and said amount shall be the appropriation for the year July 1, 1962 - June 30, 1963 until modified or repealed as authorized by law.

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HIGHWAYS. Section 10. Appropriation for all highway purposes in this Section 10 is to be in conformity with, and pursuant to, the mandate contained in Article VII, Section IX, Paragraph IV of the State Constitution for each fiscal year commencing July 1, 1961, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding years, less the amount of refunds, rebates, and collection costs authorized by law. The immediately preceding year to this first Constitutional appropriation shall be the fiscal year ending June 30, 1961. The fiscal officers of the State are hereby directed to, as of July 1st of each fiscal year (beginning July 1, 1961), determine the net collection of Motor Fuel Tax received by the State Treasury in the immediately preceding fiscal year and to enter said amount so determined on the records of the State, as being the appropriation payable in lieu of the amount appropriated herein in the event the amount appropriated herein is less than the net collections from Motor Fuel Tax in the immediately preceding fiscal year and any adjustment so required shall be made in the amount appropriated under subsection (b) of this Section. (a) For State-matching participation in cost of construction, re-construction, improvement in highways and highway planning in cooperation with Federal government, including all cost items incident thereto and for no other purpose, provided, that not less than 50% of the State and Federal funds available in each fiscal year for work on the primary and secondary system of roads in Georgia shall be expended for widening and resurfacing, re-constructing and re-locating existing bridges and paved roads on the Federal-State Primary and Secondary Highway System $ 26,270,731.62 (b) For cost of operating the Highway Department, for road and bridge construction, maintenance and improving the State Highway System of roads and bridges and the cost incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law) the additional cost of matching Federal Aid funds which amount shall be apportioned and/or reserved from this appropriation item at the beginning of each fiscal year if sufficient funds are appropriated in subsection (a) of this Section; for convict camp contract operations; compensation claims, surveys and for payment of annual amounts required under lease contracts executed with the Authorities in conformity with provisions of the State Constitution and laws enacted pursuant thereto $ 49,444,579.38 Provided, further, that any and all obligations and commitments made by the officials of the State Highway Department, after the effective date of this law, which have not been authorized by the provisions of this Act and a specific budget allotment for which funds are available shall be null and void, and all expenditures shall be governed by law and budget regulations of general application which are or may be in force and effect and not in contravention of Constitutional mandate. (c) For grants to counties for aid in county road construction and maintenance as provided by law authorizing the State Treasury to make such grants for highway purposes $ 4,817,013.03 (d) For grants to counties for aid in county road construction $ 4,500,000.00 Provided, that this sum shall be distributed and disbursed by the State Treasurer for highway purposes based on information as to the total public road mileage furnished by State Highway Department; provided, however, that the sum appropriated in subsection (b) shall be distributed and disbursed to the various counties of the State in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State. (e) Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this Section, the sums necessary to pay rentals accruing under lease contracts executed, or to be executed, as authorized by law, between the Georgia State Highway Authority (continuation of the State Bridge Building Authority) as lessor, and the State Highway Department, as lessee, pursuant to the Act of 1953 known as the Georgia State Highway Authority Act (Ga. L. 1953, p. 626), as amended, and the sums necessary to pay the rentals accruing under the existing lease contract between the State Office Building Authority as lessor and the State Highway Department as lessee, executed pursuant to the Act known as the State Office Building Authority Act (Ga. L. 1951, p. 699), and the sums necessary to pay rentals accruing under lease contracts executed between the Georgia Rural Roads Authority as lessor and the State of Georgia and the State Highway Department as lessee, pursuant to the Act known as the Georgia Rural Roads Authority Act (Ga. L. 1955, p. 124) are appropriated for the fiscal year beginning July 1, 1961 and for each and every fiscal year thereafter until all rentals due under all lease contracts are paid in full. In addition to the appropriations made by Section 46 of this Act, the appropriations made by this Section 10 for the payment of said rentals shall constitute a first charge on all funds appropriated to the State Highway Department and upon all funds hereafter appropriated to the State Highway Department pursuant to Article VII, Section IX, Paragraph IV of the Constitution of Georgia, or otherwise. HEALTH, PUBLIC WELFARE AND PENSIONS . Section 11. (a) For the cost of operating the State Prison Institution System $ 2,350,000.00 (b) For capital outlay costsAuthority Rentals $ 400,000.00 Section 12. (a) For the cost of operating the Department of Public Health and grants to counties for public health programs $ 6,415,000.00 (b) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facilities to be administered and expended in the same manner as other public health funds and in accordance with the provisions of the Hill-Burton Act of the United States Congress and rules and regulations of the State Board of Public Health $ 2,500,000.00 (c) For annual cost of acquiring the Eugene Talmadge Memorial HospitalAuthority Rentals $ 840,000.00 (d) For cost of operating the Department of Public Health-Tuberculosis Sanatorium $ 4,000,000.00 (e) For matching Federal funds for benefits or services for crippled children as authorized by law $ 1,000,000.00 (f) For cost of operating the Alcoholic Rehabilitation Division (Alcoholism, Georgia Commission on) $ 275,000.00 (g) For cost of operating Milledgeville State Hospital $ 13,750,000.00 Provided however, that from said amount, the sum of $350,000.00 shall be used towards defraying the costs of adjusting the salaries of the employees of said hospital under the merit system in an amount equal to one step in the pay plan, notwithstanding any regulations of the State Personnel Board to the contrary. (h) For cost of operating Training School for Mental Defectives $ 2,685,000.00 (i) For cost of operating Mental Health Program $ 700,000.00 (j) For capital outlay Milledgeville State Hospital, Training School for Mental Defectives and Rapid Treatment CenterAuthority Rentals $ 1,310,000.00 Provided, effective July 1, 1962 the appropriation under subsection (a) shall be increased from $6,415,000.00 to $6,540,000.00; (g) shall be increased from $13,400,000.00 to $14,000,000.00 and (h) shall be increased from $2,685,000.00 to $2,835,000.00 and said amounts shall be the appropriation for the year July 1, 1962 - June 30, 1963 until modified or repealed as provided by law. Section 13. (a) For the cost of operating the State Department of Public Welfare $ 700,000.00 (b) For grants to counties for aid in administration of county public welfare activities $ 2,035,000.00 (c) For matching Federal funds for benefits to old age, blind, permanently disabled and dependent children and maternity and foster home care for adoption purposes as authorized by law $ 19,300,000.00 (d) For the support, maintenance and equipment of the State institutions under the management of the State Department of Public Welfare $ 1,750,000.00 (e) For buildings and equipment of above State institutions $ 500,000.00 Section 14. For pensions to Confederate widows $ 218,000.00

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ALL OTHER AGENCIES. Section 15. Agriculture, Department of (a) For the operation of all activities of the Department, including the operation of farmers markets $ 2,600,000.00 Provided, that any of the subsections or paragraphs of this Section appropriating money for enumerated purposes shall be subject to adjustment between the appropriated items within the limitation of the total appropriations of this Section, and upon budgetary allotment, by the Budget Bureau. (b) Livestock and Poultry (1) For testing, vaccinating, branding and tagging livestock, including indemnities for livestock slaughtered in disease eradication, and for livestock and poultry disease eradication and control $ 643,000.00 (2) For meat and poultry inspection $ 300,000.00 (3) For hog cholera control and eradication $ 300,000.00 (4) For poultry laboratory acquisition, development and equipment $ 150,000.00 (c) For farmers markets development, improvement, maintenance and repair $ 150,000.00 (d) For seed development, including contracts with Georgia Seed Development Commission $ 150,000.00 (e) Entomology Divison (1) For the operation of the Entomology Division and For insect and pest control and eradication $ 600,000.00 (f) Georgia Milk Commission (1) For cost of operation $ 242,400.00 (2) For contracts with Board of Regents and University of Georgia $ 30,000.00 (g) For capital outlayAnnual lease contract obligation payable to the State Farmers' Market Authority for Atlanta Farmers' Market $ 650,000.00 Provided, that notwithstanding any itemization of purposes for which funds are appropriated to the Agriculture Department by this Section, the sums necessary to pay rentals accruing under lease contracts heretofore or hereafter executed the State Department of Agriculture for leasing of property from State Authorities shall constitute a first charge on all funds appropriated to the State Department of Agriculture by this Section or otherwise. Section 16. Art Commission, GeorgiaFor cost of operating $ 100.00 Section 17. Audits, Department ofFor the cost of operating all activities of the Department, county school auditing and Budget Division $ 250,000.00 Section 18. Banking, Department ofFor the cost of operating all activities of the Department, including examination of credit unions $ 305,000.00 Section 19. Capitol Square Improvement Committee (a) For cost of operating the old State Office Building $ 150,000.00 (b) For capital outlayannual cost of acquiring the Judicial, Agricultural, Health and other Office Buildings and facilitiesAuthority rentals $ 1,977,752.87 Section 20. Commerce, Department ofFor the cost of operating $ 650,000.00 Section 21. Comptroller GeneralFor cost of operating the office of Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council and Insurance Rate Division, Industrial Loan Commissioner and the Liquefied Petroleum Safety Act $ 750,000.00 Provided, that effective July 1, 1962, this appropriation shall be increased to the amount of $800,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as provided by law. Conservation Section 22. (a) For the cost of operating the Department of Forestry $ 2,225,000.00 Provided, that effective July 1, 1962, this appropriation shall be increased to the amount of $2,275,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as provided by law. (b) For the cost of operating the Forestry Research Council including allotment annually to Herty Foundation $ 280,000.00 Provided, that effective July 1, 1962, this appropriation shall be increased to $290,000.00 and said amount shall be the appropriation for the year July 1, 1962-June 30, 1963 until modified or repealed as provided by law. Provided, that the sum of $50,000.00 shall be paid during the fiscal year, 1961-1962, to the Herty Foundation on contract for furnishing of equipment. (c) For the cost of operating Game and Fish Commission $ 1,595,000.00 (d) For cost of operating Department of Mines, Mining and Geology, including Oil and Gas Commission $ 256,000.00 (e) For cost of operating Department of Parks and developing State Parks $ 700,000.00 Section 23. Corrections, State Board ofFor cost of operating $ 150,000.00 Provided, that any invoice or bill for expense incurred by the State incident to the enforcement of provisions of the Uniform Extradition Act (Acts 1951, pp. 726, 737) shall upon approval of the Governor be paid by the Department from the appropriation made in this section. Executive Department . Section 24. (a) For the cost of operating the Executive Department, including cost and maintenance expense of executive automobile and telephones at the Executive Mansion $ 200,000.00 (b) For allowance payable monthly for cost of operating the Executive Mansion, including servants' hire, food, other supplies and laundry $ 17,500.00 Provided, that the accounts to furnish the necessary heat, light, power, water, repairs, furnishings and equipment at the Executive Mansion shall be paid by the public buildings and grounds fund administered by the Secretary of State. (c) For a contingent fund of the Executive Department for other costs of operating, namely, rewards, dues Governors' Conference and special committee expenses $ 22,500.00 Section 25. Historical Commission, GeorgiaFor the cost of operating the Commission $ 125,000.00 Section 26. Jekyll Island Committee (a) For cost of operating Island and Maintaining public beaches and facilities $ 750,000.00 (b) For capital outlayto include sewerage system so as to prevent pollution of Inland Waterway $ 450,000.00 Section 27. Labor, Department of (a) For the cost of operating the Commissioner's Office and Factory Inspection Division $ 175,000.00 (b) For that part cost of operations of the Employment Security Agency as authorized by Act approved March 8, 1945 $ 85,000.00 Section 28. Law, Department ofFor the cost of operating the Department of Law $ 450,000.00 Provided, that the compensation of all Assistant Attorneys-General, Deputy Assistant Attorneys-General, all law clerks and stenographic help necessary to carry on the legal duties of the State required of Department of Law or any other agency of the State in the executive branch of the State Government, shall be paid from this fund. No other agency is authorized to expend the funds appropriated as otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item unless the payment is made 100% from Federal Funds. Section 29. Library, StateFor the cost of operating the State Library and the purchase of new books and publications $ 44,000.00 Section 30. Literature Commission, StateFor cost of operations $ 15,000.00 Section 31. Pardons and Paroles, State Board ofFor cost of operating Board $ 320,000.00 Section 32. Statewide Probation System to be administered by a State Board of ProbationFor the cost of operating aforesaid Board and System $ 430,000.00 Section 33. Pharmacy BoardFor the cost of operating the Office of Chief Drug Inspector $ 48,000.00 Section 34. Public Defense, Department ofFor the cost of operating the Military Division, aid to military organizations and cost of operating the Civil Defense Division $ 545,000.00 Section 35. Public Safety, Department ofFor the cost of operating the Department of Public Safety $ 5,225,000.00 Section 36. Public Service CommissionFor the cost of operating the Utilities Division and the Motor Carriers Division of the Public Service Commission $ 400,000.00 Section 37. Revenue, Department ofFor the cost of operating the Department of Revenue, including liquor warehouses, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State Treasury $ 6,670,000.00 Provided, further, that in addition to the above appropriation, 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 collections made in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of said wholesale distributor being engaged in retailing gasoline. Section 38. Secretary of State (a) For the cost of operating the Office of Secretary of State; Corporation Division; Building and Loan Division; Securities Division; Commission's Division and Joint Secretary's Office $ 377,500.00 (b) For cost of operating Archives and History and Museum Division $ 160,000.00 (c) For cost of operating the several examining Boards $ 360,000.00 Provided, that $200,000.00 of the funds appropriated in this item shall be apportioned to each board in exact ratio of the revenue collections of each board and $60,000.00 shall be available to meet emergencies in the expenses of the boards in discretion of the Secretary of State with approval of the State Budget Authorities. (d) For cost of housing and safe-keeping permanent and valuable State records and micro-filming of permanent and valuable State records $ 70,000.00 (e) For cost of operating State Capitol building and grounds; the maintenance of Confederate cemeteries; the repairs, furnishings, equipment, heat, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for $ 255,000.00 Provided, that the State agency having in charge any State property shall pay the premium of insurance on such property. (f) Special repairs Capitol Building and Mansion $ 100,000.00 (g) For capital outlayAuthority Rents to acquire new Archives and History Building $ 450,000.00 Section 39. Stone Mountain Memorial Committee (a) For operating cost including cost of improvements by convict labor $ 300,000.00 (b) For capital outlayAuthority annual rents for cost of development of facilities $ 350,000.00 Section 40. Supervisor of PurchasesFor the cost of operating the office of Supervisor of Purchases $ 240,000.00 Section 41. Treasury, State (a) For the cost of operating the State Treasury $ 90,000.00 (b) For operating the office of Bond Commissioner as per Section 40-1201 of the Code of Georgia $ 10,000.00 Section 42. Treasury Land Title FundThere is hereby in trust for this fund the actual amount of receipts as required by law. Section 43. Veterans Service Office (a) For the cost of operating the Department $ 740,000.00 (b) For cost of operating Veterans Home Commission $ 112,000.00 Section 44. Workmen's Compensation, State Board ofFor cost of operating the State Board of Workmen's Compensation $ 399,000.00 Section 45. Georgia Waterways CommissionFor the cost of operation $ 500.00 OBLIGATIONS UNDER LEASE CONTRACTS . Section 46. Pursuant to the mandate contained in Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia, as amended, there are

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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 to be hereafter entered into during the current fiscal year pursuant to the above stated provision of the Constitution of Georgia by and between such department, agency or institution of the State, and any State Authority which had been created and activated at the time of the effective date of the aforesaid Constitutional provision, as amended. Notwithstanding any itemization of purposes for which funds are appropriated to various departments and agencies by any other provision of this Appropriations Act, the sums necessary to make all payments required under lease contracts heretofore or hereafter executed between any department, agency or institution of the State and any authority created and activated at the time of the effective date of the aforesaid Constitutional provision, as amended, are appropriated for the fiscal year beginning July 1, 1961, and for each and every fiscal year thereafter until all payments required under said lease contracts have been paid in full; and if, for any reason, any of the sums herein provided under any other provisions of this Act are insufficient in any year to make the required payments in full, there shall be taken from any other funds appropriated to the department, agency or institution involved an amount sufficient to satisfy any such deficiency in full, and the lease payments shall constitute a first charge on all such appropriations.

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The General Assembly finds that the following named Authorities (without limitation on or prejudice to any authority not named) were created and activated prior to the effective date of the above referred to Constitutional provision: State School Building Authority University System Building Authority State Hospital Authority State Highway Authority (formerly State Bridge Building Authority) Georgia Rural Roads Authority State Farmers Market Authority State Office Building Authority State Penal and Rehabilitation Authority The General Assembly declares that the sums hereby appropriated are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon such general funds. Section 47. All appropriations and expenditures authorized by this Act shall be subject to provisions of Article VII, Section IX, Paragraph II of the Constitution of Georgia, which continues in force and effect Sections 55, 57, 58, 59, 60, 62 and 63 of Appropriation Act, approved January 29, 1943, same being laws of general application to all appropriations made by the General Assembly. INCOME EQUALIZATION ACCOUNT . Section 48. The State Treasurer and other fiscal officers are authorized and directed to set up as an appropriation in this account an amount equal to the amount or amounts that is determined by the State Auditor to be a surplus in available funds after the prorating of monthly income has been made to the monthly allotments authorized under this Act. In the event the income for the month is insufficient to make a 100% prorating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the necessary amount from this fund to cover the deficiency. In the event there is at any time a surplus in this account, the amount of same shall be available and is appropriated for allotment for highway construction or for other purposes, in accordance with the provisions of Section 8 of the Budget Act of 1931 (Ga. L. 1931 Ex. Sess., pp. 94, 98). Section 49. In the event it is determined by the Budget Bureau that the total receipts in the State Treasury from state revenue funds in a fiscal year for which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the State Budget Authority is authorized and is hereby directed to make a pro rata reduction of the amount that each appropriation item provided for in the foregoing Section of this Act is in excess of the actual operating budget allotment approved by the Budget Bureau for each respective item for each fiscal year. Said pro rata reduction in each fiscal year shall be equal to the percentage that the total amount of the deficienty in the Treasury receipts in the fiscal year is to the amount that is the aggregate total amount of the appropriations provided for in the foregoing sections of this Act is in excess of the aggregate total of the actual operating budget allotments approved by Budget Bureau in each respective fiscal year. The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Authority 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 each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. Total Regular Appropriations For Fiscal Year July 1, 1961-June 30, 1962 $412,489,176.90 For Fiscal Year July 1, 1962-June 30, 1963 $420,100,676.90 Section 50. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that in the event the actual receipts in the State Treasury from State revenue funds in a fiscal year for which appropriations are made in this Act, exceeds the amount needed to pay the appropriations of this Act and/or allotments authorized by the foregoing sections of this Act and having budgetary approval, the Budget Authorities are authorized and directed to make available the following contingent appropriations for each fiscal year in the amounts and for purposes authorized. If there are not sufficient funds as above provided to pay the following contingent appropriations in full, the Budget Authorities are authorized and directed to make available such part of any of the contingent appropriations as can be paid from the excess income of the State for the fiscal year for which appropriations are made in this Act. The State Treasurer and the Comptroller General are authorized and directed to set up the contingent appropriations in full or in part upon receiving authorization from the Budget Authorities and same shall be in addition to the appropriations or allotments authorized by the foregoing sections of this Act. (ee) For matching Federal Aid funds for new program of Medical Care for Aged for State Department and County Department Administration, as authorized by law $ 5,000,000.00 (f) To supplement and become part of appropriation for the support, maintenance and equipment of State institutions under management of Department of Public Health and for other health activities as may be approved in budget $ 3,000,000.00 OTHER AGENCIES . (g) For cost of development of the various State Parks $ 500,000.00 (h) For additional Farmers Market facilities under control of Department of Agriculture $ 200,000.00 (i) To supplement and become part of the appropriation to Revenue Department for the purpose of making grants to political subdivisions to aid in cost of study of assessments of property for tax purposes $ 1,000,000.00 (j) For grants to municipalities to aid in the cost of operating said municipalities $ 5,000,000.00 (k) To supplement and become part of the appropriation to the State Board of Corrections for the operation of prisons $ 500,000.00 (l) For State Ports Development, including inland facilities $ 4,000,000.00 Total Contingent Appropriations $ 53,800,000.00 Section 51. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Education (a) To supplement and to become a part of the appropriation provided for the State Board of Education for educational purposes, an amount sufficient to provide a minimum of $100.00 salary increase for state-allotted teachers and for all other purposes provided for under Section 7 of this Act. Provided, however, that the supplement authorized hereunder shall be subject to all rules, regulations, restrictions and limitations set forth in Section 7 of this Act $ 10,000,000.00 (aa) For additional amounts for educational grants to be calculated by the Governor so as to make such grants in an amount that the Governor may deem necessary for education $ 5,000,000.00 (b) To supplement and become a part of appropriation provided for the State Board of Regents for the educational purposes, including salary raises, provided for under Section 8 of this Act. Provided, however, that the supplement authorized hereunder shall be subject to all the rules, regulations, restrictions and limitations set forth in Section 8 of this Act. Aid to University System for maintenance, salary raises, for new buildings, plant and equipment and for watershed development $ 5,100,000.00 (c) To supplement and become part of appropriation to provide the State's contribution to the Teacher Retirement Fund $ 1,500,000.00 Highways (d) To supplement and become a part of the appropriation for cost of highway activities $ 10,000,000.00 Health, Public Welfare (e) To supplement and become part of the appropriation to Department of Public Welfare for matching Federal Funds for benefits to old age, blind, permanently disabled and dependent children and for additional administration expense $ 3,000,000.00 Approved April 5, 1961.

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TEACHERS' RETIREMENT ACT AMENDED. No. 278 (House Bill No. 317). An Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by Acts approved March 28, 1947 (Ga. L. 1947, p. 1494), December 3, 1953 (Ga. L. 1953, Nov. Sess. p. 390), March 13, 1957 (Ga. L. 1957, p. 508), March 17, 1959 (Ga. L. 1959, p. 319) and March 17, 1960 (Ga. L. 1960, p. 1116), so as to clarify the provisions of qualifying for credit for prior service; to clarify the method for reinstatement of teachers who have withdrawn their contributions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for teachers in the State Public Schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by Acts approved March 28, 1947 (Ga. L. 1947, p. 1494), December 3, 1953 (Ga. L. 1953, Nov. Sess. p. 390), March 13, 1957 (Ga. L. 1957, p. 508), and March 17, 1959 (Ga. L. 1959, p. 319) and March 17, 1960, (Ga. L. 1960 p. 1116), is hereby amended by striking from section 4, subsection 2, the sixth sentence which reads: Any member who is unable to qualify for prior service under the provisions hereintofore set forth, may qualify for the same as follows: Such member may receive credit for a year of prior service for each year of service performed after they have been a contributing member for five years and upon compliance with such other provisions prescribed by this Act. and substituting in lieu thereof the following sentence: Any member who is unable to qualify for prior service under the provisions hereintofore set forth may qualify

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for the same as follows: Such member may receive credit for prior service after they have been a contributing member for five years and upon compliance with such other provisions prescribed by this Act. So that when amended, section 4, subsection 2, shall read as follows: (2) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940 and January 1, 1943, or has taught two years from January 1, 1945, to January 1, 1948,, or has taught one year between January 1, 1945 and January 1, 1948, and has fifteen years' service previous to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to July 1, 1943, for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board of Trustees shall issue a prior service certificate certifying to the member the period of service prior to July 1, 1943, with which he is credited on the basis of his statement of service, and certifying the amount of his `prior service accumulations' as defined in subsection (3) of this section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate, request the board of trustees to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void. Any member who is unable to qualify for prior service under the provisions hereintofore set forth, may qualify for the same as follows: Such member may receive credit for prior service after they have been a contributing member for five years and upon

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compliance with such other provisions prescribed by this Act. Those teachers having signed non-election cards expressing their desire not to become members, but who now wish to do so, may receive credit for prior service (service prior to July 1, 1943), upon making contribution of five (5%) per cent for the years between January 1, 1945 and the time they shall have become contributing members, plus three and one-half (3) per cent interest, based on salary earned during such years. Credit for prior service. Section 2. Said Act is further amended by striking from section 3, subsection 4, the fifth sentence which reads: Any member having withdrawn his contributions, may, after five years active service as a contributing member, re-establish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus three and one-half (3) per cent interest for each year or portion thereof from the time withdrawn. Same. and substituting in lieu thereof the following sentence: Any member having withdrawn his contributions, not more than one time, may, after five years active service as a contributing member, re-establish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus three and one-half (3) per cent interest for each year or portion thereof from the time withdrawn. so that section 3, subsection 4 when so amended shall read as follows: (4) The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of 3 consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement. If any member who has not withdrawn his

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contributions to the retirement system has a break in service of more than two (2) years but not more than three (3) years, such member may be reinstated to membership if he shall pay a sum equal to twelve and one-half (12%) per cent of his salary for his last year of service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than three (3) years but not more than four (4) years, such member may be reinstated to membership if he shall pay a sum equal to twenty-five (25%) per cent of his salary for his last year of service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions, not more than one time, may, after five years active service as a contributing member, re-establish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus three and one-half (3%) percent interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the board of trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the board of trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. The membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of a child or children by said teacher. All members whose membership prior hereto has terminated due to such cause are hereby declared to be reinstated and entitled to all the prior service credits and other rights as though this Act were in effect at the date of such withdrawal from service. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution,

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shall be made to his system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. A leave of absence shall be limited to not more than three years for each child adopted. Anything in this Act to the contrary notwithstanding the provisions of this paragraph with reference to break in service, reinstatement of membership and payment of funds into the retirement systems, shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953 and each such retirant shall be allowed the prior service credits under the conditions set forth in this paragraph and the retirement allowance shall be adjusted in accordance therewith. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. TEACHERS' RETIREMENT ACT AMENDED. No. 279 (House Bill No. 560). An Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by Acts approved January 26, 1950 (Ga. L. 1950, p. 32), February 16, 1950 (Ga. L. 1950, p. 261), February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 238), March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 373), December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 114), February 27, 1956 (Ga. L. 1956, p. 400), and an Act approved March 25, 1958 (Ga. L. 1958, p. 690), so as to change the provisions for optional service retirement benefits; to change the method of computing a member's service retirement allowance; to provide for early service retirement benefits; to change the allowance for disability retirement and death; to change

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the amount deducted from a member's earnable compensation; to change the per centum contribution of the employer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by Acts approved January 26, 1950 (Ga. L. 1950, p. 32), February 16, 1950 (Ga. L. 1950, p. 261), February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 238), March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 373), December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 114), February 27, 1956 (Ga. L. 1956, p. 400), and an Act approved March 25, 1958, p. 690), is hereby amended by striking from section 5 of said Act subsection (1) (a) in its entirety and substituting in lieu thereof a new subsection (1) (a), to read as follows: (1) (a) Any member in service may retire upon written application to the Board of Trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired, provided that the said member at the time so specified for his retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service or shall have 35 years or more of creditable service and also shall have attained the age of 55 years. During such period of notification as hereinbefore set forth, he may become separated from service. Qualifications for retirement. Section 2. Said Act is further amended by striking from section 5, subsection (2) in its entirety, including all subparagraphs thereof, and substituting in lieu thereof a new subsection (2), to read as follows: (2) Upon service retirement a member shall receive an allowance which shall consist of:

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(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and Retirement benefits. (b) An annual pension which, together with the annuity provided above, shall provide a total allowance equal to 1[UNK]% of his average compensation over the 5 consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. (c) In the case of the retirement of any member prior to his attainment of the age of 65 years. the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 65 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Provided, however, upon service retirement of any teacher who is a member of a local retirement fund, such teacher shall receive a service retirement pension on account of his service thereunder, in accordance with the provisions of section 9, which shall consist of: (i) A pension equal to the annuity which would have been allowable at age of retirement if such teacher had been a member of this system and had made contributions at 5 per centum of his earnable compensation payable from State funds, but not to exceed an annuity allowable at age 65 computed on the basis of such contributions as would have been made prior to age 65. (ii) If he has a prior service certificate in full force and effect an additional pension equal to the annuity which would have been provided at age of retirement, but not to exceed an annuity which would have been provided at age 65 by three times the amount of his prior service accumulations as heretofore defined, with regular interest thereon from time to time in effect from the date of establishment until the date of his retirement, but not to exceed the attainment of age 65.

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Section 3. Said Act is further amended by striking from section 5, subsection (4) and all subparagraphs thereof in its entirety and substituting in lieu thereof a new subsection (4) which shall read as follows: (4) In accordance with subsection (3) of this section, upon disability retirement, or death, a member shall receive the equivalent of a service retirement allowance if he has attained age 60, otherwise he shall receive a disability allowance or death allowance, as follows: Disability retirements. (a) Said member's disability or death allowance shall be computed as a service retirement allowance on the basis of his creditable service and compensation up to the time of disability or death, as if he had attained the age of 65. (b) In the application of the above relating to death allowances, computation shall be made on the same basis as though Option 2 as provided in subsection (8) of this section had been in effect: Provided, upon death of the member there is a named living beneficiary; otherwise the total amount of the member's contributions to the time of his death shall be payable to his estate. Section 4. Said Act is further amended by striking therefrom section 8, subsection (1) (a), in its entirety, and substituting in lieu thereof a new subsection (1) (a), to read as follows: Section 8. (1) (a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period (after the commencement date) six per centum of his earnable compensation, but the employer shall not have any such deduction made from the compensation of a member provided he has attained age sixty-five and has completed forty or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing

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throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate in making of deductions the employer may modify the deductions required of any member but not more than one-tenth of one per centum of the annual compensation upon the basis of which such deductions are to be made. Each employer shall immediately pay to the board of trustees, in such manner as the Board shall prescribe the amount deducted, which shall be credited by the Board to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Contributions. Section 5. Said Act is further amended by striking from section 8, subsection (3), subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:: (a) The contribution of employers of members shall consist of a percentage of the earnable compensation of members to be known as the normal contribution, and an additional percentage of such earnable compensation to be known as the accrued liability contribution. The rate per centum of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation, as provided for in Section 6, Subsection (15) of this Act. Until the first valuation subsequent to December 31, 1960, the percentage normal contribution rate shall be 4.89 per centum of each member's earnable compensation and the percentage accrued liability contribution rate shall be 3.40 per centum of each member's earnable compensation. Employer contributions. Section 6. Said Act is further amended by striking from section 8, subsection 3 (c) the figures 1955 wherever they appear and substituting in lieu thereof the figures 1961. 1955 Act amended. Section 7. Said Act is further amended by striking from section 8, subparagraph (3) (d), the figures five

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per centum wherever they appear and substituting in lieu thereof the figures 6%, so that said section 8 (3) (d), when so amended, shall read as follows: (d) In addition to the 6% contribution of each member for an annuity savings fund as provided for in section 8, subsection (1) (a), that part of the cost for pensions under this retirement system 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 compensation of members payable from State teacher salary funds as provided by law, or from funds of the Board of Regents of the University System of Georgia, or from other funds of the State, at the rates provided in section 8, subsection (3) (a), and the balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates provided in section 8, subsection (3) (a), based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing members in its employ shall pay immediately such contributions to the Board of Trustees, to be credited to the pension accumulation fund. Employer contributions. Section 8. The provisions of this Act shall not become effective until after the Board of Trustees of the Teacher Retirement System of Georgia has approved the same. Effective date. Section 9. Also, the Board of Trustees shall after an actuarial investigation into the benefit structure of the system, study the benefits being paid to the retired members prior to the effective date of this bill with authority to increase their retirement allowances in keeping with actuarial soundness of the system. Benefits to retired teacher. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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HOSPITAL ADVISORY COUNCIL FOR CONSTRUCTION, LICENSURE AND INDIGENT CAREAMENDED. No. 281 (Senate Bill No. 117). An Act to amend an Act that abolished the Hospital Care Council and the Hospital Advisory Committee and created the Hospital Advisory Council for Construction, Licensure and Indigent Care, approved March 17, 1960 (Ga. L. 1960, p. 884), so as to increase the membership of said council; to change the compensation of said council members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act that abolished the Hospital Care Council and the Hospital Advisory Committee and created the Hospital Advisory Council for Construction, Licensure and Indigent Care, approved March 17, 1960 (Ga. L. 1960, p. 884), is hereby amended by striking section 3 of said Act in its entirety and inserting in lieu thereof a new section 3, which shall read as follows: Section 3. There shall be established a Hospital Advisory Council for Construction, Licensure and Indigent Care to advise with the State Board of Health relative to policies, procedures, rules, regulations and standards adopted and promulgated by said State Board of Health pursuant to the provisions of said Act of February 1, 1946 (Ga. L. 1946, p. 34) and said Act of March 13, 1957 (Ga. L. 1957, p. 470), as amended, and perform such other functions as may be placed upon it by law. The membership of said Advisory Council shall consist of three members appointed by the Governor from the State-at-large representing consumers of hospital services; three physicians appointed by the Medical Association of Georgia; two hospital administrators appointed by the Georgia Hospital Association; one hospital trustee appointed by the Georgia Association of Hospital

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Governing Boards; one dentist appointed by the Georgia Dental Association; one nurse appointed by the Georgia Nursing Association; one pharmacist appointed by the Georgia Pharmaceutical Association, Inc.; one nursing home administrator appointed by the Georgia Association of Nursing Homes; one county commissioner appointed by the Association County Commissioners of Georgia; the Attorney General, ex-officio; the State Auditor, ex-officio; the Director of the Department of Public Welfare, ex-officio; the Director of the Vocational Rehabilitation Division of the State Department of Education, ex-officio; and the Director of the State Department of Public Health, ex-officio. If any of the above associations fails or ceases to function, then the Governor shall appoint representatives from such group or groups. When such appointments are first made, four of the non-ex-officio-members of said Advisory Council shall be appointed to terms of two years each, four for three years each, and four for four years each, to be determined by lot. After the expiration of the first appointments, all appointments shall be made for terms of four years. The term of any ex-officio member shall expire with his term of office and his successor in office shall succeed him as a member of said Advisory Council. An ex-officio member may designate a deputy to serve in his place as a member of said Council, and he shall be subject to the same duties and responsibilities as would be imposed upon the ex-officio member. Vacancies in the membership of said Council shall be filled in the same manner as the original appointments. The Council shall select one of its members to serve as chairman and one of its members to serve as vice chairman. The Council shall meet at the call of the chairman or upon written request of any eight members, and eight members shall constitute a quorum for the transaction of business. The Council is authorized to adopt such by-laws, rules and regulations as it may deem necessary for the proper conduct of its proceedings in carrying out of its duties. The Director of the State Department of Public Health shall furnish the necessary clerical assistance from among the

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employees of the Department of Public Health as may be required by the Council. Members. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu therefor a new section 4, which shall read as follows: Section 4. All members shall be paid the actual and necessary expenses incurred in carrying out the functions and duties of the Council. The expenses above contemplated shall be paid from the appropriations made and to be made for the Department of Public Health, or from such other funds as the Director of the Budget shall direct. Expenses of members. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. VOCATIONAL REHABILITATIONCOMPENSATION OF DIRECTOR. No. 282 (Senate Bill No. 38). An Act to amend an Act entitled An Act to recognize the existing system of vocational rehabilitation of the physically or mentally impaired, including the blind citizens of Georgia; to provide a statutory basis for a program of vocational rehabilitation of such persons; to provide that the same shall be administered by the State Board of Vocational Education; to repeal Sections 32-2301 `Provisions of Act of Congress accepted', 32-2302 `Money for vocational rehabilitation', 32-2303 `State Board; duties', 32-2304 `Gifts and donations', and 32-2305 `Annual appropriation' of Chapter 32 of the Georgia Code of 1933 as amended; to define certain words and expressions used in this Act; to provide a separability clause; to repeal conflicting laws; and for

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other purposes, approved February 21, 1951 (Ga. L. 1951, p. 516), as amended, so as to provide that the Director of Vocational Rehabilitation Division shall administer the provisions of Section 221 of the Social Security Act (29 U.S. Code 41), relating to disability determination; to provide that the Director of said Division shall receive compensation augmented from grants by the Federal government; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act entitled An Act to recognize the existing system of vocational rehabilitation of the physically or mentally impaired, including the blind citizens of Georgia; to provide a statutory basis for a program of vocational rehabilitation of such persons; to provide that the same shall be administered by the State Board of Vocational Education; to repeal Sections 32-2301 `Provisions of Act of Congress accepted', 32-2302 `Money for vocational rehabilitation', 32-2303 `State Board; duties', 32-2304 `Gifts and donations', and 32-2305 `Annual appropriation' of Chapter 32 of the Georgia Code of 1933 as amended; to define certain words and expressions used in this Act; to provide a separability clause; to repeal conflicting laws; and for other purposes, approved February 21, 1951 (Ga. L. 1951, p. 516), is hereby amended by adding to section 3 of said Act, a new subsection, to be known as subsection (g) and to read as follows: (g) The Director of the Vocational Rehabilitation Division is hereby designated as the administrator of a program provided under Section 221 of the Social Security Act (29 U. S. Code 41) relating to disability determination. Said Director shall receive, notwithstanding any other provision of law, and in addition to his regular compensation, such compensation and allowance as may be augmented from grants by the appropriate Federal agency in such amount as is determined by the Federal agency to be commensurate with the duties imposed by said Section 221 of the Social Security Act. Compensation of Director.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. JUVENILE COURT ACTJUDGES OF SUPERIOR COURTS TO SERVE AS JUVENILE COURT JUDGES IN CERTAIN COUNTIES. No. 283 Senate Bill No. 77). An Act to amend an Act known as the Juvenile Court Act, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, particularly by an Act approved February 12, 1956 (Ga. L. 1956, p. 69), and an Act approved March 10, 1959 (Ga. L. 1959, p. 188), so as to provide that the Judge of the Superior Court shall sit as the Juvenile Court Judge in counties having a certain population; to provide for the expiration of terms of office of present Juvenile Court Judges in counties having a certain population; to provide for the transferral of cases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Juvenile Court Act, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 69), and an Act approved March 10, 1959 (Ga. L. 1959, p. 188), is hereby amended by adding a new section to be known as section 3D to read as follows: Section 3D. In all counties having a population of not less than 130,000 and not more than 140,000, according to the United States Census of 1960 or any future United States Census, the Judge of the Superior Court shall sit as the Juvenile Court Judge and hear all cases coming within the provisions of the Juvenile Court Act,

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approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. In the case of any such county within a Superior Court circuit which has more than one Superior Court Judge, one of the Superior Court Judges of such circuit shall be designated by a majority of said Judges of the Superior Court for and presiding over such county to sit as the Juvenile Court Judge, and the Superior Court Judge so designated shall sit as the Juvenile Court Judge and hear all cases coming within the provisions of the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. When sitting as the Juvenile Court Judge, and in all matters connected with the organization of such court and with its personnel said Judge shall have and exercise the same powers, authority, and jurisdiction as those of Juvenile Courts established under the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended, and shall, in the exercise of said powers, authority, and jurisdiction, including the conduct of hearings, follow the procedure and practice prescribed in and by the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311) as amended. This Act shall create no new court or judge but shall merely specify and describe the powers, authority and jurisdiction of the Judge sitting as the Juvenile Court Judge and prescribe the occasion, manner, and procedure for exercise of such powers, authority and jurisdiction. This Act shall be construed to mean that the Judge is presiding over a Juvenile Court of such county which he shall thereupon establish and conduct in accordance with the Juvenile Court Act, approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. Counties where applicable. Intent. Section 2. Said Act is further amended by adding a new Section to be known as Section 3E to read as follows: Section 3E. In all counties having a population of not less than 130,000 and not more than 140,000 according to the United States Census of 1960 or any future United States Census, the respective terms of office of the Judges of the Juvenile Courts shall expire on the

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effective date of this Act. All cases pending in the Juvenile Court on the effective date of this Act shall remain in the Juvenile Court of said counties with the Judge of the Superior Court designated to act as Juvenile Court Judge to handle said cases under the provisions of the Juvenile Court Act. The Juvenile Courts as established shall continue to function as provided by the Juvenile Court Act, and all the records, minutes, papers and dockets of the Juvenile Court of such counties shall remain in the Juvenile Court, as provided in the Juvenile Court Act approved February 19, 1951 (Ga. L., 1951, pp. 291-311), as amended. Terms of present judges expire. Section 3. The provisions of this Act shall become effective August 1, 1961. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. THE GEORGIA PROFESSIONAL ASSOCIATION ACT. No. 285 (Senate Bill No. 92). An Act entitled The Georgia Professional Association Act, to define Professional Service, and Professional Association, to authorize the formation of unincorporated associations by any two or more persons who desire to associate for the purpose of carrying on a profession as defined in the Act; to provide for the recording of Articles of Association in the office of the clerk of the superior court in the county in which the association's principal office is located, to provide for fees therefor, and to provide for the recording of amendments to the Articles of Association and the use of name of such professional association; to provide that a professional association may be organized for the purpose of rendering one kind of professional service

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and making business investments in connection therewith; to provide that a professional association may render professional service only through agents who are duly licensed to practice a particular profession, and to allow for employment of other necessary personnel; to provide that present provisions of law shall govern with respect to professional liability of persons furnishing professional service and to preserve confidential relationships and to limit the liability of members or shareholders of professional associations; to provide for centralized management of professional associations and for the election of officers thereof; to provide that a professional association shall be a separate entity independent of its members or shareholders; to provide that professional associations may issue stock or certificates of evidence of ownership or that such professional associations may be governed by members who do not hold the stock or evidences of ownership; to provide that members or shareholders of a professional association must be licensed to render professional service of the kind for which the professional association was organized; to provide for a valuation of shares or memberships of deceased, retired, expelled, or disqualified members or shareholders; to provide for the filing of annual reports with the Secretary of State; to provide for the transfer of membership or shares in professional association; to provide for the distribution of assets of professional associations upon dissolution thereof; to provide that a professional association may contract in its own name and hold title to real and personal property, and be sued and sue as an independent entity; to provide that the law entitled Actions by or against Unincorporated Organizations or Associations, approved February 13, 1959 (Ga. L. 1959, pp. 44-46, and published in Code of Ga. Ann. as Sec. 3-117 - 3-121, inclusive) shall govern such professional associations in all respects as contained therein; to provide that such professional associations shall be governed by the laws relating to corporations generally where applicable and not in conflict herewith, and that such professional

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associations shall not be governed by laws relating to partnerships; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as The Georgia Professional Association Act. Short title. Section 2. Definitions. (a) Professional Service means any type of professional service which may be legally performed only pursuant to a license from a State Examining Board pursuant to the provisions of Ga. Code Title 84, for example, the personal services rendered by attorneys at law, certified public accountants, chiropractors, dentists, osteopaths, physicians and surgeons, and podiatrists (chiropodists). (b) Professional Association means an unincorporated association, as distinguished from a partnership, organized under this Act for the purpose of rendering one type of professional service. Section 3. Any two or more persons duly licensed to practice a profession under the laws of this State may form a professional association, as distinguished from a partnership and a corporation, by associating themselves for the purpose of carrying on a profession and dividing the gains therefrom upon compliance with the terms of this Act; provided that no professional association organized pursuant to the provisions of this Act shall render professional service in more than one type of professional service. Professional associations. Section 4. Such persons may form a professional association by executing and recording Articles of Association in the office of the clerk of the superior court in the county in which the association's principal office is located. The clerk shall record such Articles of Association and any amendments thereto or instruments of dissolution

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thereof in a separate book to be kept for that purpose, and shall receive as fees for recording any original Articles of Association or amendments thereto the sum of five dollars ($5.00) plus fifteen cents (15) for each one hundred words contained in the particular document recorded. Such Articles of Association shall not be required to be published or recorded elsewhere. Such record of said Articles of Association, when so recorded, shall be notice of the provisions of the Articles to the world as well as to all parties dealing with such Association. Such persons shall adopt such name for the Association as they in their discretion may determine. Provided, that the name selected shall be followed by the words Professional Association or the abbreviation P.A.. Said Articles of Association may contain any provision not in violation of law or the public policy of this State as the members of the association may decide. Such Articles may be amended or dissolved at any time and from time to time by agreement of two-thirds of the members at any regular meeting or at a special meeting called for that purpose, and upon likewise recording such amendment or instrument of dissolution in the same place or places as the original Articles of Association. Articles of Association. Section 5. A professional association may be organized only for the purpose of rendering one specific kind of professional service and shall not engage in any business other than rendering the professional service for which it was organized. However, it may invest its funds in real estate, mortgages, stocks, bonds, or any other type of investment, and may own real or personal property necessary or appropriate for rendering its professional service. Authority of associations. Section 6. A professional association may render professional service only through officers, employees, and agents who are themselves duly licensed or otherwise legally authorized to render professional service within this State. The term employee as used in this section does not include clerks, bookkeepers, technicians, nurses, or other individuals who are not usually and ordinarily

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considered by custom and practice to be rendering professional services for which a license or other legal authorization is required in connection with the profession practiced by a particular professional association, nor does the term employee include any other person who performs all his employment under the direct supervision and control of an officer, agent, or employee who is himself rendering professional service to the public on behalf of the professional association; provided that, no person shall, under the guise of employment, practice a profession unless duly licensed to practice that profession under the laws of this State. Professional services. Section 7. This Act does not modify any law applicable to the relationship between a person furnishing professional service and a person receiving such service, including liability arising out of such professional service, and including the confidential relationship between the person rendering the professional service and the person receiving such professional service, if any, and all confidential relationships previously enjoyed under the laws of this State or hereinafter enacted shall remain inviolate. Subject to the foregoing provisions of this section, the members or shareholders of any professional association organized pursuant to the provisions of this Act shall not be individually liable for the debts of, or claims against, the professional association unless such member or shareholder has personally participated in the transaction for which the debt or claim is made or out of which it arises. Limits of liability. Section 8. A professional association organized pursuant to the provisions of this Act shall be governed by a Board of Governors elected by the members or shareholders, and represented by officers elected by the Board of Governors, so that centralization of management will be assured, and no member shall have the power to bind the association within the scope of the association's business or profession merely by virtue of his being a member or shareholder of the association. Members of the Board of Governors need not be members

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or shareholders of the professional association and officers need not be members of the Board of Governors except that the President shall be a member of the Board of Governors, provided that no officer or member of the Board of Governors who is not duly licensed to practice the profession for which the professional association was organized shall participate in any decisions constituting the practice of said profession. The members may adopt such by-laws as they may deem proper, or the power to promulgate by-laws of the association may be delegated by the Articles of Association to the Board of Governors of the professional association, as the members or shareholders may decide. Each member or shareholder shall have such power to cast such vote or votes at the meeting of the members or shareholders as the Articles of Association shall provide. The officers of the professional association may employ such agents or employees of the association as they may deem advisable subject to the provisions of section 6 above. The officers of the association shall include a President, Vice President, Secretary, Treasurer, and such other officers as the Board of Governors may determine. Any one person may serve in more than one office provided that the President and the Secretary of the professional association shall not be the same person. Board of Governors. Section 9. Unless the Articles of Association expressly provide otherwise, a professional association shall continue as a separate entity independent of its members or shareholders, for all purposes for such period of time as provided in the Articles, or until dissolved by a vote of two-thirds of the members, and shall continue notwithstanding the death, insanity, incompetency, conviction for felony, resignation, withdrawal, transfer of membership or ownership of shares, retirement, or expulsion of any one or more of the members or shareholders, the admission of or transfer of membership or shares to any new member or members or shareholder or shareholders, or the happening of any other event, which under the law of this State and under like circumstances, would work a dissolution of a partnership, it being the

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aim and intention of this section that such professional association shall have continuity of life independent of the life or status of its members or shareholders. No member or shareholder of a professional association shall have the power to dissolve the association by his independent act of any kind. Separate entity. Section 10. A professional association organized pursuant to the provisions of this Act may issue stock or certificates of evidence of ownership of an interest in the assets of the professional association to the members of a stock-type association, or the association may be a non-stock organization with the members owning no individual interest in the assets of the association but with the rights and duties specified in the Articles of Association, or the association may be a non-stock organization with the members owning undivided interests in the assets of the association according to the Articles of Association. The stock or certificates of ownership, if a stock-type association, or a membership in a non-stock association, shall be freely transferable except as may be lawfully restricted in the Articles of Association. A professional association may issue its capital stock if it is a stock-type association or accept as members of the professional association, if a non-stock association, only persons who are duly licensed or otherwise legally authorized to render the same professional service as that for which the professional association was organized. Subject to the provisions of the Articles of Association, the estate of a member or shareholder who was a person duly licensed or otherwise legally authorized to render the same professional service as that for which the professional association was organized may continue to hold stock or membership pursuant to the Articles of Association for a reasonable period of administration of the estate, but shall not be authorized to participate in any decisions concerning the rendering of professional service. Ownership. Section 11. If any member, shareholder, agent, or employee of a professional association becomes legally

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disqualified to render a professional service within this State, or accepts employment or is elected to a public office that pursuant to existing law is a restriction or limitation upon rendering of professional service, he shall sever all employment with, or financial interest in, such professional association forthwith. A professional association's failure to comply or require compliance with this provision shall be a ground for the forfeiture of its right to render professional service as a professional association pursuant to the provisions of this Act. When a professional association's failure to comply with this provision is brought to the attention of the Secretary of State, the Secretary of State shall certify that fact to the Attorney General for appropriate action to dissolve the professional association. Effect of members barred from practice of profession. Section 12. If the Articles of Association or by-laws of a professional association fail to fix a price at which a professional association or its members or shareholders may purchase the membership or shares of a deceased, retired, expelled, or disqualified member or shareholder, and if the Articles of Association or by-laws do not otherwise provide, then the price for such share or shares or membership shall be the book value of such share or shares or membership at the end of the month immediately preceding the death or disqualification of the member or shareholder. Book value shall be determined by an independent certified public accountant employed for such purpose from the books and records of the professional association by the regular method of accounting employed by the professional association. The determination by the certified public accountant of book values shall be conclusive on the professional association and its members or shareholders. Value of shares. Section 13. A professional association shall, within 30 days after the organization of the professional association pursuant to the provisions of this Act and within 30 days after the first day of November in each year thereafter, furnish a statement to the Secretary of State showing the names and post office addresses of all members

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or shareholders in such professional association and shall certify that all members or shareholders are duly licensed or otherwise legally authorized to render professional service in this State. This report shall be made on such form and shall be prescribed and furnished by the Secretary of State, shall be signed by the President or Vice President of the professional association, and acknowledged and sworn to before a notary public by the person signing the report, and shall be filed in the office of the Secretary of State, together with a filing fee in the amount of one dollar ($1.00). Upon the failure or refusal of any professional association to make said return or report to the Secretary of State, the professional association shall be liable for a penalty of fifty dollars ($50.00), and the Secretary of State is authorized to issue his execution therefor, including all costs incurred. Annual registration. Section 14. A member or shareholder of a professional association may sell or transfer his membership or shares in such professional association only to another individual who is duly licensed or otherwise legally authorized to render the same professional services as that for which the association was organized. Sale of membership. Section 15. In the event of dissolution of a stock-type professional association, the Board of Governors, as trustees of the property of such professional association, shall apply the assets first to the payment of debts of the association, and secondly, to the holders of the stock as provided in the Articles of Association. In the event of dissolution of a non-stock type association, the assets shall be distributed, or sold, and the net proceeds distributed first to the payment of debts of the association, and secondly, to or among the members of the association as the Articles of Association shall provide. Dissolution. Section 16. A professional association organized pursuant to the provisions of this Act may contract in its own name, take, hold, and sell real and personal property in its own name, independent of its members, sue

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and be sued as independent entities as now provided by law. Any conveyance in the name of the professional association to a third person executed by the President and attested by the Secretary shall be conclusively presumed to be properly executed and shall divest all right, title, and interest of the professional association, its members, and the Board of Governors thereof. The assets of a professional association shall not be liable to attachment for the individual debts of its members or shareholders. Contracts, etc. Section 17. The law entitled Actions by or against Unincorporated Organizations or Associations, approved February 13, 1959 (Ga. L. 1959, pp. 44-46, and published in the Code of Ga. Ann. as Sections 3-117 to 3-121, inclusive) is incorporated herein by reference and shall govern such professional associations organized pursuant to the provisions of this Act in all respects as contained therein. Actions. Section 18. Such professional association organized pursuant to the provisions of this Act shall be governed generally by all laws governing or applicable to corporations, where applicable, and not in conflict herewith, and no such association shall be held or deemed to be a partnership nor shall such association be governed by laws relating to partnerships. Laws applicable. Section 19. Should any provision of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of this Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Severability. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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REGISTRATION OF SECURITIES BY CORPORATE FIDUCIARIES. No. 286 (Senate Bill No. 31). An Act to permit the registration of securities, including, without limitation, bonds, stocks, notes and other evidence of title to intangible personal property held by a corporate fiduciary, which term shall include an executor, administrator, trustee or guardian, in the name of a nominee of such fiduciary, without mention of the fiduciary relationship, but without relieving any liability for safe handling; to require that the records of such corporate fiduciary shall at all times clearly show the capacity in which such securities are held; to provide that such corporate fiduciary shall not be relieved of liability for the safe custody, control and proper distribution of any security registered in the name of a nominee and to permit the registration of securities in the name of a corporate fiduciary where two or more fiduciaries are acting jointly and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever a bank or trust company is duly authorized to and is acting as a fiduciary, which term shall include an executor, administrator, trustee or guardian, and has a nominee or nominees in whose name securities, including, without limitation, bonds, stocks, notes and other evidences of title to intangible personal property held as fiduciary may be registered, it shall be lawful to register securities in the name of such nominee or nominees without mention of the fiduciary relationship in the instrument evidencing such securities or on the books of the issuer of same; provided, Registered in name of nominees. (a) the records of such corporate fiduciary shall at all times clearly show that such securities are held by the corporate fiduciary in its capacity as fiduciary, together with the beneficial owner or owners thereof and

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all facts relating to its ownership, possession and holding thereof; and Records. (b) Such corporate fiduciary shall not be relieved of liability for the safe custody, control and proper distribution of such securities by reason of the registration of same in the name of any nominee. Liability. Section 2. If two or more fiduciaries are acting jointly in reference to any securities, it shall be lawful to register the property in the name of any nominee or any joint corporate fiduciary and in the event more than one corporate fiduciary is acting, it shall be lawful to register securities in the name of any nominee of any one of said corporate fiduciaries. Joint actions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective upon its passage and approval by the Governor and the provisions hereof shall apply to corporate administrators, executors, guardians and trustees then acting as such, as well as to those thereafter entering upon their duties as such. Effective date. Approved April 5, 1961. AID TO THE BLIND ACTAMENDED. No. 288 (Senate Bill No. 116). An Act to amend an Act known as the Aid to the Blind Act, approved February 26, 1937, (Ga. L. 1937, p. 568), as amended particularly by an Act approved February 15, 1952, (Ga. L. 1952, p. 233), so as to increase eligibility income deductions; to provide that the County Department of Welfare when determining an applicant's need for assistance, shall allow an increased

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income deduction in considering the amount of assistance to be granted; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Aid to the Blind Act, approved February 26, 1937, (Ga. L. 1937, p. 568), as amended particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 233), is hereby amended by striking from the first sub paragraph of section 3 the phrase, , except that after June 30, 1952, in making such determination earned income not to exceed fifty dollars ($50), shall be disregarded. in its entirety and inserting in lieu thereof the phrase, except that after March 1, 1961, in making such determination, the first eighty-five ($85) dollars per month of earned income plus one-half ([UNK]) of earned income in excess of eighty-five ($85) dollars per month shall be disregarded. Eligibility income deductions. So that the first subparagraph of Section 3 as amended shall read: Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health except that after March 1, 1961, in making such determination, the first eighty-five ($85) dollars per month of earned income plus one-half () of earned income in excess of eighty-five ($85) dollars per month shall be disregarded. Section 2. Said Act is further amended by striking from section 4 the phrase, , except that after June 30, 1952, in making such determination earned income not to exceed fifty dollars ($50), shall be disregarded.

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and inserting in lieu thereof the phrase, , except that after March 1, 1961, in making such determination, the first eighty-five ($85) dollars per month of earned income plus one-half () of earned income in excess of eighty-five ($85) dollars per month shall be disregarded. same. so that section 4 as amended shall read: The amount of assistance which any person shall receive shall be determined by the County Department with due regard to the resources and necessary expenditures of the individual and the conditions essential in each case and in accordance with the rules and regulations made by the State Department and shall be sufficient, when added to all other income and support of the recipient, to provide such person with the reasonable subsistence compatible with decency and health; except that after March 1, 1961, in making such determination, the first eighty-five ($85) dollars per month of earned income plus one-half () of earned income in excess of eighty-five ($85) dollars per month shall be disregarded. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved April 5, 1961. GEORGIA FIREMEN'S PENSION FUND ACT AMENDED. No. 289 (Senate Bill No. 100). An Act to amend an Act entitled An Act to provide revenue and source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a Board of Trustees to receive and disburse such funds; to provide a Secretary-Treasurer;

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to provide the powers and duties of such Board; to provide for the payment of pensions; to provide for refunds and repayments to persons who may be entitled to receive same; to define words and phrases; to repeal conflicting laws; and for other purposes, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 323), and an Act approved March 17, 1960 (Ga. L. 1960, p. 991), so as to redefine the term fireman and volunteer fireman; to provide a procedure and the requirements for rejoining the Georgia Firemen's Pension Fund; to provide for certain conditions under which retirement will be as a result of disability arising from a heart disease or respiratory disease, 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 revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a Board of Trustees to receive and disburse such funds; to provide a Secretary-Treasurer; to provide the powers and duties of such Board; to provide for the payment of pensions; to provide for refunds and repayments to persons who may be entitled to receive same; to define words and phrases; to repeal conflicting laws; and for other purposes, is hereby amended by striking subparagraphs one and two of section 1 and substituting in lieu thereof the following: (1) Firemen All persons who are employed by a full time fire department of the State of Georgia or any municipality or other political subdivision thereof, or a Class #8 Department or better that is recognized by the Southeastern Underwriters Association as such and which Department is financed by public subscription (not privately owned) on a full time basis as permanent rather than temporary employees of such Department, which Department must own fire apparatus and equipment

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of the value of five thousand dollars ($5,000.00) or more. Definitions. (2) Volunteer Firemen All individuals appointed and regularly enrolled in any Volunteer Fire Department or part paid and part volunteer Fire Department of the State of Georgia or any political subdivision or municipality thereof, or a paid, part paid or Volunteer Fire Department that is financed by public subscription (not privately owned) which holds drills and meetings of not less than eight (8) hours monthly, and which owns fire apparatus and equipment of the value of five thousand dollars ($5,000.00) or more, and which is recognized by the Southeastern Underwriters Association as not less than a Class 8 Department and who attends not less than seventy-five percent. (75%) of all drills, meetings and fires in every calendar year. Section 2. Said Act is further amended by adding following section 5 A, a new section to be known as section 5 B and to read as follows: Section 5 BFiremen and volunteer firemen who were serving as such when the Fund was instituted and failed to become members, or who became members of the Fund and have since withdrawn, or who have since been employed by a Fire Department and failed to become a member of the Fund within the time prescribed and who wish to join the Georgia Firemen's Pension Fund are hereby authorized to apply for membership therein, subject to the following conditions: Applications and qualifications for membership. (1) Said firemen and volunteer firemen shall make application for membership upon a form to be furnished by the Fund, to be sworn to before a Notary Public, and in addition thereto shall furnish a medical doctor's certificate stating that the applicant is in good physical condition. The Board of Trustees of said Fund shall, at all times, have the right to have a re-examination of any applicant for membership in the Fund by a competent, practicing medical doctor of its selection, and is

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hereby authorized and empowered to pass upon and determine the eligibility of all applicants for membership. The cost of such re-examination shall be paid by the Georgia Firemen's Pension Fund. (2) The application form shall provide space for the Chief of the Fire Department or City Clerk to certify under oath as to the creditable service of the applicant. (3) Application shall be accompanied by check, money order or cash in an amount equal to a contribution of $5.00 per month from July 1, 1955, or from the date on which applicant first became eligible to apply for membership in the Fund, together with simple interest thereon at the rate of six (6%) percent. per annum. (4) No person fifty-five (55) years or older shall be eligible to apply for membership in the Fund unless such person shall have at least fifteen (15) years of creditable service as a fireman or volunteer fireman. (5) Applications for membership in the Fund from those firemen and volunteer firemen qualifying hereunder will be received from July 1, 1961 through October 31, 1961, after which date no delinquent application will be received. (6) Those firemen and volunteer firemen admitted to the Fund under this Act shall not be eligible for retiremen and/or disability benefits under the Fund until they have completed not less than two (2) years of continuous creditable service from the date of admission. Section 3.Said Act is further amended by adding following section 5 B a new section to be known as section 5 C and to read as follows: Section 5 C.Notwithstanding any provision to the contrary contained in this Act, the Board of Trustees of said Fund is hereby authorized and empowered to pass upon and determine the eligibility for membership in the Fund of any volunteer fireman who, for providential

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or other cause beyond his control is unable to attend seventy-five (75%) percent. of all drills, meetings and fires in a calendar year. Authority of Board of Trustees. Section 4.Said Act is further amended by striking subparagraph b of section 7 A in its entirety and substituting in lieu thereof the following: (b)Any fireman as defined in this Act, who shall become totally and permanently disabled so as to be incapable of serving as a fireman as defined in this Act as a result of heart disease or respiratory disease, shall be entitled to receive benefits in the amount of Seventy-two ($72.00) Dollars per month. Provided, however, no such person shall be entitled to any benefits as a result of disability from heart disease or respiratory disease, unless such person shall have served at least five (5) consecutive years as a fireman immediately preceding the date of such disability. Benefits. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. FREE TEXT BOOK ACT AMENDEDPROVISIONS EXTENDED. No. 297 (House Bill No. 395). An Act to amend an Act approved March 4, 1937, known as the Free Text Book Act, (Ga. L. of 1937, pp. 897-901), so as to require the State Board of Education to extend the provisions of this Act to the Georgia School for Mental Defectives, Georgia Training School for Boys, Georgia Training School for Girls and Divisions and Branches, and all of the schools for the deaf and blind which are operated by the State and all of the branches, thereof.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Section 4 of said Act is hereby amended by striking the last sentence in said section which reads as follows: The State Board of Education may, in its discretion, extend the provisions of this section under such rules and regulations as it may adopt, to the Georgia Training School for Boys, Georgia Training School for Girls, The Academy for the Blind, The School for the Deaf, and the other public eleemosynary institutions operated by this State, where text books prescribed by the State Board of Education in conformity for this Act are used. And substituting in lieu thereof the following sentence: The State Board of Education shall extend the provisions of this section under such rules and regulations as are prescribed by it for the distribution of text books, library books and other school supplies for the public school systems of this State, to the Georgia School for Mental Defectives, Georgia Training School for Boys, Georgia Training School for Girls, or Divisions or Branches of said Institution and all of the schools for the deaf and blind which are operated by the State and all of the branches thereof as provided for under this Act. Training schools, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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FEES OF CLERKS OF SUPERIOR COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. Code 24-2728 Amended. No. 302 (House Bill No. 644). An Act to amend Code Section 24-2728 of the Code of Georgia of 1933 providing for fees of clerks in certain counties so as to provide for the collection of costs for the performance of the official duties of clerks of the Superior Courts in counties having a population of 250,000 and not more than 500,000, according to the United States Census of 1960 and any future United States Census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act Code Section 24-2728 of the Code of Georgia of 1933 be, and the same is, hereby, amended by adding thereto the following: The clerks in the Superior Courts in counties having a population of 250,000 and not more than 500,000, according to the United States Census of 1960 or any future United States Census, shall charge and collect as costs for the performance by them of their official duties the following described costs, to-wit: For filing and docketing suits $3.00 For copy and issuing process 3.00 For each copy after first copy 1.00 For recording proceedings in civil cases, for exemplification of records, recording mortgages, liens deeds and similar documents, for recording homestead of personalty, for recording each partition of realty and personalty

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for recording motions, for recording and copying proceedings in equitable proceedings and bills of exception to the Supreme Court or Court of Appeals, and for recording or copying any instrument of writing not herein specified per 100 words, 20 cents. For each day's service in attendance upon the courts, $5.00. Section 2. That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved April 5, 1961. WESTERN JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 310 (House Bill No. 366). An Act to amend an Act placing the solicitor general of the Western Judicial Circuit on a salary basis, approved August 19, 1918 (Ga. L. 1918, p. 394), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 505), so as to include Oconee County in said Act and to fix the amount to be paid by said county to the solicitor general of the Western Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the solicitor general of the Western Judicial Circuit on a salary basis, approved August 19, 1918 (Ga. L. 1918, p. 394), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 505), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the solicitor general of the

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Western Judicial Circuit shall be $7500.00 per annum which shall be in addition to any compensation or allowance which he receives from the State or any expense allowance which he may receive from any of the counties of the circuit. Said salary shall be paid by the counties named hereinafter and in the amounts designated: Clarke County shall pay $3150.00, Walton County shall pay $3150.00, and Oconee County shall pay $1200.00. It shall be and it is hereby made the duty of the county commissioners, or other authorities having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties, to be paid to said solicitor general on the first day of each month, in equal monthly installments, out of the funds of said counties, and upon regular county warrants issued therefor, and it is further made the duty of said county commissioners, or other county authorities, having control of county matters, to make provisions annually when levying taxes for expenses of the counties, for the levying and collection of sufficient taxes in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Section 2. This Act shall become effective as of January 1, 1961. Effective dates. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that an application will be made at the 1961 session of the General Assembly of Georgia for the passage of the following Bill: An Act to amend an Act approved August 19, 1918 as amended by Act approved March 13, 1957, by amending Section 1 of said Act so as to provide for the participation

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of Oconee County in the salary of Solicitor General of the Western Judicial Circuit and for other purposes. /s/ H. H. Wells, Representative, Oconee County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. H. Wells, who, on oath, deposes and says that he is Representative from Oconee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise, which is the official organ of said county, on the following dates: Jan. 5, 12, 19, 26, 1961. /s/ H. H. Wells, Representative, Oconee County. Sworn to and subscribed before me, this 31st day of Jan., 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961. STONE MOUNTAIN JUDICIAL CIRCUITREPORTER'S SALARY. No. 311 (House Bill No. 617). An Act to amend an Act approved March 9, 1943, (Ga. L. 1943, p. 1143), as amended, particularly by the Act approved March 8, 1957, (Ga. L. 1957, p. 315), providing a salary for the official court reporter for the

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Stone Mountain Judicial Circuit, by providing for an increase in the salary of such official court reporter; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of the Act approved March 9, 1943 (Ga. L. 1943, p. 1143), as amended, particularly by an Act approved March 8, 1957 (Ga. L. 1957, p. 315), providing for salary and fees for the official court reporter for the Stone Mountain Judicial Circuit is hereby amended by striking the figures $5,000.00 and by substituting in lieu thereof $6,000.00, so that said section when so amended shall read as follows: Section 1. From and after the passage of this Act, the official court reporter of the Stone Mountain Judicial Circuit shall be paid a salary of $6,000.00 per annum, which salary shall be paid monthly on the first day of each month. Salary. Section 2. Notice of the intention to apply for the passage of this Bill has been published in the newspapers in which the sheriff's advertisements are published in each of the counties comprising said judicial circuit, namely, DeKalb New Era, The Covington News, and the Rockdale Citizen, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. GeorgiaDeKalb County: Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next

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1961 Session of the General Assembly of Georgia, the title of such Bill or Bills to be as follows: An Act to be entitled an Act, to amend an Act approved March 9, 1943 (Ga. Laws 1943, p. 1143) providing a salary for the official court reporter for the Stone Mountain Judicial Circuit, and the several Acts amendatory thereof, by providing for an increase in the salary of such official court reporter; to increase fees for transscribing criminal cases; and for other purposes. This the 6th day of January, 1961. /s/ James Mackay, Representative, DeKalb County, Ga. 1-19-3t Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 19, January 26, and February 2, 1961. DeKalb New Era, /s/ W. H. McWhorter, Managing-Editor. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 23, 1963. (Seal). Approved April 5, 1961.

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JUDGE OF THE SUPERIOR COURTS EMERITUS ACTAMENDED. No. 313 (House Bill No. 691). An Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p. 283), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. L. 1955, p. 152), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved February 21, 1957 (Ga. L. 1957, p. 82), an Act approved March 3, 1960 (Ga. L. 1960, p. 161), and an Act approved March 6, 1961 (Ga. L. 1961, Act No. 46 p. 64), so as to modify the service qualifications for appointment to the office of Judge of the Superior Courts Emeritus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p 283), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. L. 1955, p. 152), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved approved February 21, 1957 (Ga. L. 1957, p. 82), an Act approved March 3, 1960 (Ga. L. 1960, p. 161), and an Act approved March 6, 1961 (Ga. L. 1961. Act Number 46 p. 64), is hereby amended by striking from the first paragraph of section 2 the words one complete as they appear between the words least and term in the first sentence of said paragraph and substituting in lieu thereof the words

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four years in one, so that when so amended, the first paragraph of section 2 shall read as follows: Section 2. Any Judge of the Superior Court of the State of Georgia who shall be in at least his nineteenth (19th) year of service as Judge of the Superior Court of the State, any service as Solicitor General of a judicial circuit, as Judge of or Solicitor of a city court, a county court, or any court of record of the State of Georgia from which an appeal may be taken directly to the Court of Appeals of Georgia, or membership in the General Assembly of Georgia or service in the Armed Forces of the United States occasioned by the national emergencies of World War I, World War II, or the Korean conflict, being allowable in computing such nineteen (19) years of service, provided at least four years in one term or its equivalent number of years in two or more terms have been served as Judge of the Superior Court of this State, or who has already been in service for nineteen (19) years as a Judge of the Superior Court of this State on March 9, 1945, and who is still in service as such officer, shall be eligible for appointment to Judge of the Superior Courts Emeritus: Provided, the General Assembly retirement service credit shall be for the entire term of office to which such person was elected and served. Likewise, any Judge of the Superior Court of the State of Georgia who shall have attained the age of sixty-eight (68) years and shall be in at least his tenth (10th) year of service as a Judge of the Superior Court of this State, or any Judge of the Superior Court of the State of Georgia who shall have been in service as a Judge of the Superior Court for ten (10) years and becomes disabled from continuing his duties as Judge of the Superior Court shall be eligible to appointment to Judge of the Superior Courts Emeritus, satisfactory evidence of such disability having been presented to the board of trustees herein created and a recommendation of appointment having been made by a majority of said board. Qualifications. Section 2. Said Act is further amended by striking from subsection (2) of section 10 (a) the words one complete as they appear before the word least and

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the word term and substituting in lieu thereof the words four years in one, so that when so amended, subsection (2) of section 10 (a) shall read as follows: (2) He has for a period of nineteen (19) years made payments to said Fund at the rate herein specified. However, all Judges who are over fifty (50) years of age shall be eligible to retire when they have attained the age of sixty-eight (68) years at two-thirds (2/3) the salary paid by the State to said Judges, provided said Judges have served for at least nineteen (19) years and shall have made payments to said fund at the rate therein specified until they reached the age of sixty-eight (68) years, said payments to commence from the effective date of this Act: Provided, that any Judge who shall, by virtue of the amendment of this Act approved February 16, 1950, be made eligible for appointment as a Judge of the Superior Court Emeritus, and who shall not have made payments to the Superior Court Judges Retirement Fund of Georgia at the time of the passage of said amendment shall be required to pay into said Fund the amount fixed by this Act for each of the years that said Judge has served as a Superior Court Judge from January 1, 1951, up to and including the year that said Judge may be appointed as Judge of the Superior Court Emeritus: Provided, such Judge has served at least four years in one complete term or its equivalent number of years in two or more terms as Judge of the Superior Court. Any Superior Court Judge, in order to qualify under the provisions of this Section, who has previously served as Solicitor-General shall have contributed to the Solicitor-General's Retirement Fund from the date of the enactment of the Solicitor-General's Retirement Fund, or from the time said Judge became a Solicitor-General, whichever is the later date. In the event that a Judge shall receive credit under the provisions of this Subsection for service as a Solicitor-General, the Trustees of the Solicitor-General's Retirement Fund are hereby authorized and directed to transfer the amounts which said Judge shall have contributed to said Fund to the Superior Court Judges Retirement Fund. Same.

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Section 3. Said Act is further amended by striking subsection (3) of section 10(a) in its entirety and substituting in lieu thereof a new subsection (3) to read as follows: (3) Any other provisions notwithstanding, any Judge of the Superior Court who had not made payments to the Superior Court Judges Retirement Fund at the time of the passage of the amendment of this Act approved February 16, 1950, and who shall be in his nineteenth (19th) year of service as Judge of the Superior Court, Solicitor General, Judge or Solicitor of a County or City Court or any court of record of the State of Georgia from which an appeal may be taken directly to the Court of Appeals of Georgia, shall make payments as provided by law to the Superior Court Judges Retirement Fund from January 1, 1951, to date of appointment as Superior Court Judge Emeritus: Provided, that nothing in this subsection shall be construed so as to authorize the refund of any amounts previously paid into the Superior Court Judges Retirement Fund of Georgia. Same. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. ELECTIONSDATES OF HOLDING PRIMARIES. No. 316 (House Bill No. 494). An Act to amend an Act providing for absentee voting by members of the military, approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 244), as amended, particularly by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 335), so as to provide that the State Executive Committee shall fix the date for holding primaries; to provide that such date shall be within a certain period; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for absentee voting by members of the Military, approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 244), as amended, particularly by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 335), is hereby amended by striking paragraph 2 of section 8 in its entirety and inserting in lieu thereof a new paragraph 2 to read as follows: 2. Whenever any political party shall hold primary elections for nomination of candidates for the office of Governor, State House Officials, United States Senators, Members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts, and Solicitors-General the same shall be held on one and the same date throughout the State, which date shall be fixed by the State Executive Committee of such party, but shall not be earlier than the first day of June nor later than the fifteenth day of September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. MOTOR VEHICLESOPERATOR'S LICENSES. No. 327 (House Bill No. 39). An Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide that Learner's Operator's and Chauffeur's licenses shall expire on the birthdate of the holder thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322),

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as amended, is hereby amended by striking section 5 of Article IV in its entirety and inserting in lieu thereof the following: Section 5. All Learner's Operator's or Chauffeur's licenses issued or renewed prior to or subsequent to the effective date of this Act shall expire on the birthdate of the holder of such license for expiration. For the purpose of this Act, in the event any person's birthdate falls on February 29th; it shall be deemed to fall on March 1st: All honorary licenses issued pursuant to an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 755), shall not expire by virtue of this Act, and shall remain in full force and effect until suspended, revoked or cancelled as provided by law. No person entitled to such honorary license shall be required to pay any fee therefor. Nothing contained herein shall prevent the revocation, suspension or cancellation of any license now in force or hereafter issued as is now or may be hereafter provided by law. A renewal license may be issued within a period of 90 days prior to the expiration of the license to be renewed. Application for license and renewal shall be made under oath on forms furnished by the Director of the Department of Public Safety and must be accompanied by the fee charged, the name and address of the applicant, and such other information as the Director may deem necessary. Expiration date of licenses. Section 2. The effective date of this Act shall be January 1, 1963. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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REVENUE DEPARTMENTSERVICE OF NOTICES OF TAX ASSESSMENTS BY MAIL. No. 328 (House Bill No. 164). An Act to provide for service by mail of notices of assessment of any tax or license fee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A notice of assessment by the State Revenue Commissioner, or his delegate, of any tax or license fee shall be sufficiently served upon the person assessed if it is mailed, by registered or certified mail, to such person at his address as shown on the records of the Revenue Department and a return receipt obtained therefor, except that if the total amount of the assessment does not exceed $250, such notice shall be sufficiently served upon the person assessed if it is mailed by first class mail to such person at his address as shown on the records of the Revenue Department, provided such notice is mailed in an envelope instructing return thereof in 10 days if not delivered, and same is not returned. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. MAPS OF MUNICIPALITIES. Code 92-4003 Enacted. No. 334 (House Bill No. 56). An Act to amend Code Chapter 92-40, relating to municipal tax assessors and boards of tax appeals, as amended, so as to provide that all municipalities shall be authorized to expend funds to map, plat, catalog, index

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and appraise certain taxable properties in the municipality, and to make re-evaluations of taxable property, and to search out and appraise unreturned properties or to purchase such information from any county or political subdivision of the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-40, relating to municipal tax assessors and boards of tax appeals, as amended, is hereby amended by adding a new section to said Chapter to read as follows: 92-4003. The municipal board of tax assessors in each municipality may, subject to the approval of the governing authorities of such municipality, enter into contracts with firms, individuals, or corporations for the employment of such persons to assist the said boards in the mapping, platting, cataloging, indexing and appraising of taxable properties in the municipality, other than those assessed by the Georgia Department of Revenue, and to make, subject to the approval of such board of assessors, re-evaluations of taxable property and to search out and appraise unreturned properties in such municipalities, or to purchase such information from any county or political subdivision of the State of Georgia. The expense of such employees and said work shall be paid, subject to the contracts, first being approved by the municipal governing authority, out of the municipalities funds as a part of the expenses of the said boards. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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GEORGIA POST MORTEM EXAMINATION ACTAMENDED. No. 339 (House Bill No. 360). An Act to amend an Act entitled the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, by an Act approved March 17, 1960 (Ga. L. 1960, p. 1009), so as to provide for certain exceptions from the application of this Act; to provide for the taking of a blood sample for analytical purposes from certain persons under certain conditions upon the request of a peace officer; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, by an Act approved March 17, 1960 (Ga. L. 1960, p. 1009), is hereby amended by striking paragraph (f) of section 4 in its entirety and substituting in lieu thereof a new paragraph (f) to read as follows: (f) The cases of deaths of personnel in the Armed Forces of the United States Government, resulting from airplane disasters involving airplanes of the Armed Forces, including crashes or explosions, shall not come under the jurisdiction of the Coroner. It shall be the responsibility of the Peace Officer to notify the proper Armed Forces of the United States Government immediately of such airplane crashes or explosions in order that they may send their trained forces to the scene for investigation. It shall be the duty of the Peace Officer when notified of such crashes or explosions to proceed to the scene and guard the area in such manner that no bodies or parts of said airplanes shall be moved or disturbed until the arrival of proper investigating officers from the Armed Forces of the United States Government. Armed Forces personnel.

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Section 2. Said Act is further amended by adding at the end thereof a new section to be numbered section 28 and to read as follows: Section 28. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his consent to the taking of a sample of blood for analytical purposes, the Peace Officer in charge of the investigation of the circumstances surrounding the casualty may summon a medical examiner for the purpose of extracting a blood specimen in order to analyze the content thereof. The medical examiner shall be entitled to a fee of five ($5.00) dollars for performing these services and shall be paid in the same manner as hereinbefore set out. The blood specimen so taken shall be submitted to the Crime Laboratory for analysis by the medical examiner or the Peace Officer in charge, and a certified report submitted by the Laboratory to the submitting officer. Blood tests. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDRACING ON HIGHWAYS. No. 342 (House Bill No. 104). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess. p. 556), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 303), so as to provide that it shall be unlawful for any person to operate a motor vehicle, motorcycle, motor-driven cycle or any other vehicle upon the public highways, roads, or streets of this State so as to race or otherwise engage in a contest

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of speed or to test the speed of such vehicle; to provide that it shall be unlawful for any person to be a passenger or occupant in a motor vehicle, motorcycle, motor-driven cycle or any other vehicle which is engaged in a race or contest of speed upon the public highways, roads, or streets of this State or while such speed is being tested; to provide that it shall be unlawful for any person to aid or assist in any manner whatsoever in a race or contest of speed or to aid or assist in a test of speed involving any motor vehicle, motorcycle, motor-driven cycle or any other vehicle upon the public highways, roads, or streets of this State; to provide the punishment for violations of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act regulating Traffic on Highways approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959, (Ga. L. 1959, p. 303), is hereby amended by striking subsection (e) of section 48 and inserting in lieu thereof a new subsection (e) which shall read as follows: (e) It shall be unlawful for any person except an officer in the performance of his duty, to wilfully operate a motor vehicle, motorcycle, motor-driven cycle or any other vehicle upon the public highways, roads or streets of this State in such a manner so as to race or otherwise engage in a contest of speed with any other motor vehicle, motorcycle, motor-driven cycle, or vehicle, or to test the speeds of such motor vehicle, motorcycle, motor-driven cycle or other vehicle with any timing device or any other device used to test the speed of such vehicles. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof, upon a plea of guilty or upon a plea or nolo contendere shall be punished as provided by law. Racing prohibited. Section 2. Said Bill is further amended by striking subsection (e-1) of section 48 in its entirety and inserting in lieu thereof a new subsection to be known as subsection (f) which shall read as follows:

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(f) It shall be unlawful for any person, except an officer in the performance of his duty, to be a passenger or occupant in a motor vehicle, motorcycle, motor-driven cycle, or other vehicle upon the public highways, roads and streets of this State that is engaged in a race or contest of speed with any other motor vehicle, motorcycle, motor-driven cycle or other vehicle, or while the speed of such motor vehicle, motorcycle, motor-driven cycle or vehicle is being tested upon the public highways, roads or streets of this State with any timing device or any other device used to test the speed of such vehicles. Any person violating the provisions of this Subsection shall be guilty of a misdemeanor and upon conviction thereof, upon a plea of guilty or a plea of nolo contendere shall be punished as provided by law. Passengers. Section 3. Said Act is further amended by adding a new subsection to be known as subsection (g) of section 48 thereof which shall read as follows: (g) It shall be unlawful for any person to aid or assist in any manner whatsoever in a race or contest of speed involving any motor vehicle, motorcycle, motor-driven cycle or other vehicle upon the public highways, roads or streets of this State or to aid or assist in any way whatsoever in the test of speed of any motor vehicle, motorcycle, motor-driven cycle or vehicle upon the public highways, roads or streets of this State with any timing device or any other device used to test the speed of such vehicles. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof, upon a plea of guilty or a plea of nolo contendere shall be punished as provided by law. Assistance. Section 4. Said Act is further amended by adding a new subsection to be known as subsection (h) of section 48 which shall read as follows: (h) The court shall, in addition to the other punishment prescribed in this Act, revoke the drivers license of any person who is convicted, or enters a plea of guilty for any of the offenses set forth in this Act for a period

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of not less than twelve months nor more than eighteen months for each offense, in the discretion of the trial judge, if such person has a drivers license and in the event the person does not have a drivers license, the court shall issue an order providing that said person shall not be eligible to apply for or receive a drivers license in the State of Georgia for a period of not less than twelve months nor more than eighteen months for each offense, in the discretion of the trial judge. It shall also be the duty of the court to inquire as to whether or not the defendant has a drivers license and, if so, the court shall require the defendant to deposit said license with the clerk of the court and said clerk shall immediately forward the order of court and the license to the State Department of Public Safety. In the event the defendant does not have a drivers license, it shall be the duty of the clerk of the court to forward a copy of the order of court to the State Department of Public Safety and also notify the Department of Public Safety that the defendant did not have a drivers license. In the event a person forfeits a bond who is charged with any of the offenses which are prescribed in this Act, the judge or presiding officer of such court forfeiting the bond shall instanter enter an ex parte order revoking the license of the person whose bond was forfeited for a period equal to the maximum sentence that such person could have received for the offense for which he was charged and said order shall further provide that in the event such person does not have a drivers license that said person shall not be eligible to apply for or receive a drivers license in the State of Georgia from the date of such order to the expiration of the time that said maximum sentence shall have expired. The clerk of the court wherein the bond was forfeited shall immediately transmit a copy of said order to the Department of Public Safety. Section 5. It shall be the duty of the Department of Public Safety to keep a permanent and public record of all persons whose drivers license have been revoked

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pursuant to the terms of this Act or who have been denied the right to apply for or receive a drivers license pursuant to the terms of this Act notwithstanding the fact that the defendant may be a juvenile or a minor. Records. Section 6. The provisions of this Act shall be cumulative and the Department of Public Safety shall be authorized to revoke and suspend drivers licenses and to refuse to issue drivers license for longer periods of time other than as is provided in this Act, as may now or hereafter be provided by law. Department of Public Safety. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. TAX COLLECTORS COMPENSATION IN COUNTIES OF NOT LESS THAN 19,670 AND NOT MORE THAN 19,925 POPULATION. Code 92-5301 Amended. No. 344 (House Bill No. 279). An Act to amend an Act entitled An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and county taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; to provide for the time of payment of commissions to tax receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes., approved January 17, 1938, (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, particularly by Acts approved February 11, 1955, (Ga. L. 1955, p. 176), and February 12, 1960, (Ga. L. 1960, p. 107), so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions provided for

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collecting certain taxes shall be paid to the county and shall be county funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and county taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; to provide for the time of payment of commissions to tax receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes., approved January 17, 1938, (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, particularly by Acts approved February 11, 1955, (Ga. L. 1955, p. 176), and February 12, 1960, (Ga. L. 1960, p. 107), is hereby amended by adding at the end of section 3 the following: Provided, however, in those counties having a population of not less than 19,670 and not more than 19,925, according to the 1960 United States Census or any such future census, where the tax collector or tax commissioner is on a salary, the commissions provided for herein shall be funds of the county and shall be collected by the tax collector or tax commissioner for the county and paid over to the fiscal authority of the county by the tenth day of each month for the immediately preceding month. so that when so amended, section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid that as far as the tax collectors and tax commissioners are concerned, the rates and schedules prescribed by section 92-5301 shall apply upon the first 90 percent of the ad valorem net digests collected by the tax collector. On all taxes collected in excess of 90 percent of the total of taxes due, according to the tax net digest, the tax collector's or tax commissioner's commission

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shall be for such taxes 10 percent of all such collections, irrespective of the above and foregoing schedule and rates; provided further, that the board of commissioners of roads and revenues or the ordinary in those counties having no board of commissioners may by appropriate resolution provide that the tax collector's or tax commissioner's commission shall be 10 percent of all taxes collected in excess of 80 percent of the total taxes due according to the net tax digest. Provided, further, that in those counties where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid to the tax collector or tax commissioner in addition to the said salary. Provided, further, that in counties having a population of 75,000 or more according to the Federal census of 1950 or any future census where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid into the treasury of such county. And provided further that in all counties having a population in excess of 300,000 according to the 1950 census of any future census, the commission provided for herein to the tax collector or tax commissioner, shall not apply to any part of the taxes collected under the Intangible Property Tax Act, approved December 22, 1953, (Ga. L. 1953, Nov.-Dec. Sess., pp. 379-390), being an amendment to an Act entitled `An Act to classify property for taxation.', approved December 27, 1937, (Ga. L. 1937-38, p. 156), as amended. Provided, however, in those counties having a population of not less than 32,500 and not more than 33,500, according to the United States Census or any such future census, where the tax collector or tax commissioner is on a salary, the commissions provided for herein shall be funds of the county and shall be collected by the tax collector or tax commissioner for the county and paid over to the fiscal authority of the county by the tenth day of each month for the immediately preceding month. Provided, however, in those counties having a population of not less than 19,670 and not more than 19,925, according to the 1960 United States Census or any such future census, where the tax collector or tax commissioner is on a salary, the commissions provided

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for herein shall be funds of the county and shall be collected by the tax collector or tax commissioner for the county and paid over to the fiscal authority of the county by the tenth day of each month for the immediately preceding month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. REVENUEREMITTANCES. Code 92-8428 Enacted. No. 347 (House Bill No. 162). An Act to amend section 26 of the Act approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., pp. 77, 91), relating to remittances to the State Revenue Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 26 of the Act approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., pp. 77, 91), relating to remittances to the State Revenue Commissioner, is hereby amended by striking same in its entirety and enacting in lieu thereof a new section, designated as section 92-8428 of the Code of Georgia, as follows: 92-8428. Remittances . (a) Except with regard to property taxes, when an application or return is filed with the State Revenue Commissioner under the revenue or license laws or regulations, and an amount is thereon shown to be due or to become due, the person required to make such application or return shall, without further assessment or notice or demand, remit therewith such amount to the Commissioner or Department of Revenue at the time and place fixed for filing same. Upon failure

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in this regard, the State Revenue Commissioner shall have authority to forthwith issue a fi. fa. for the collection of such amount. (b) The acceptance by the Commissioner or the Department of Revenue of a payment received with respect to any tax or license fee shall in no wise imply that such tax or license fee is thereby fully assessed, fixed, determined or satisfied. All persons making such payments shall understand that such payments will be accepted and the proper account credited therewith subject to a final determination of its correctness in due course, any condition expressed in such payment to the contrary notwithstanding; however, this shall not apply to payments received pursuant to authorized compromises and settlements, which shall be governed by the special agreements and proceedings applicable thereto. (c) No other condition affixed to any remittance with respect to the time or manner of processing or negotiating its payment shall be given any force or effect. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. MOTOR VEHICLESPUNISHMENT FOR OPERATING WITH REVOKED OR SUSPENDED LICENSE. No. 349 (House Bill No. 94). An Act to amend an Act creating a Department of Public Safety for the State of Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 598), and an Act approved March 13, 1957 (Ga. L. 1957, p. 457), so as to change the punishment for operating a motor vehicle when a learner's, special

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learner's, operator's, or chauffeur's license is suspended, cancelled or revoked; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety for the State of Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 598), and an Act approved March 13, 1957 (Ga. L. 1957, p. 457) is hereby amended by striking the second paragraph of section 10 of Article IV in its entirety and inserting in lieu thereof a new paragraph which shall read as follows: In the event any learner, special learner, operator or chauffeur shall have his license suspended, cancelled or revoked after being granted, it shall be a misdemeanor punishable as provided by law for such person to operate a motor vehicle upon the public roads or highways within this State, or upon any public street within the limits of an incorporated village, town or city. Punishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. GEORGIA MILK COMMISSIONAMENDED. No. 354 (House Bill No. 643). An Act to amend an Act creating the Georgia Milk Commission (formerly Milk Control Board); defining the membership, duties, and powers thereof; and regulating the sale of milk; known as the Milk Control Act and approved March 30, 1937 (Ga. L. 1937, p. 247 et seq.); as amended; so as to empower the commission to prescribe how producers shall be paid for

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milk sold by them to distributors and producer-distributors and to repeal existing restrictions in this regard; so as to further provide the terms and conditions applicable to contracts for the sale of milk by producers; and so to authorize the commission to resolve controversies with respect to milk purchase transactions, subject to review by writ of certiorari to the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Milk Commission (formerly Milk Control Board); defining the membership, duties, and powers thereof; and regulating the sale of milk; known as the Milk Control Act and approved March 30, 1937 (Ga. L. 1937, p. 247 et seq.); as amended, hereby is amended by deleting from paragraph (d) of section 19 thereof as heretofore amended all of sub-paragraph (ii) which begins with the words, (ii) To promote a proper balance between supply and, and ends with the words not supplied by the licensed producers and others regularly delivering milk to him., and substituting in lieu thereof, the following: (ii) Each such order shall prescribe how producers shall be paid for milk sold by them to distributors and producer-distributors. In any such order, the commission may prescribe equitable and reasonable rules and regulations, as the commission may deem to be in the best interests of maintaining adequate supplies of wholesome milk in a milk shed, governing the earning, building, establishment, adjustment, suspension, or termination of bases or quotas with respect to licensed producers regularly delivering milk into a milk shed, including rules and regulations for such bona fide assignments or transfers of bases or quotas, or parts thereof, either from one producer to another or from one milk shed to another, as may be authorized by the commission. Any producer payment plan may provide that different prices be paid for milk having different uses or dispositions by the purchaser or user thereof or for milk which is surplus

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and cannot be used by the purchaser and further may provide how the prices to be paid for the respective different uses or dispositions shall be allotted among producers and other suppliers of the milk, including by reference to any of the quantities of milk delivered by licensed producers consistent with any prescribed bases or quotas, the quantities of milk delivered by licensed producers and other regular suppliers in excess of or otherwise inconsistent with any prescribed bases or quotas, the quantities of milk delivered by persons not regularly supplying milk to the purchaser thereof, or the quantities of milk temporarily over a specified period of time supplied to enable the purchaser to satisfy any designated temporary or other requirement above the needs of his usual and regular wholesale and retail trade. Price differentials for variations in butterfat content ascertainable by sample test may be established. Optional alternative producer payment plans may be established in the same order. Any producer payment plan may provide for minor deviations when appropriate for the purpose of simplifying accounting procedures and calculation of respective amounts payable for milk to producers and other suppliers from plant or market pools. It is the specific intent hereof to authorize and empower the commission to establish in the milk sheds producer payment plans with pooling, bases or quotas, and other factors consistent with any of the several general plans customarily followed in the dairy industry of the nation with such modifications as the commission shall deem to be in the best interests of providing an adequate supply of wholesome milk for Georgia consumers. Payment to producers. Section 2. Said Act as amended is further amended by striking from the last sentence of paragraph (f) of section 19 thereof the following: more, shall have entered into an agreement with a new producer to establish a base as herein authorized, or shall have entered into an agreement with a producer to transfer his base from another milk shed as herein authorized, any contract between them hereunder established by a course of dealing shall be terminable by the purchasing distributor

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tributor or producer-distributor only upon twelve (12) months written notice to the producer; provided and substituting in lieu thereof the following: more, or shall have agreed to accept and purchase milk from any producer who immediately prior thereto shall have delivered and sold milk for a period of six (6) months or more to any other licensed distributor or producer-distributor, any contract between them hereunder established by a course of dealing shall be terminable by either party only upon twelve (12) months written notice to the other party, provided that this provision shall not be construed as prohibiting termination of such contract by mutual assent of the parties thereto; provided further that, if the commission, after opportunity to both parties to the contract to be heard thereon, shall find in any instance that the continued performance of the contract by the producer would be under conditions which may result in undue hardship to the producer, the producer may terminate the contract upon such reasonable notice as may be prescribed by the commission; and provided further. Contracts. Section 3. Said Act as amended is further amended by adding to section 19 thereof the following additional paragraph: (k) Any controversy between any two parties to a milk purchase transaction, specifically inclusive of any controversy or controversies between one or more producers and any distributor or producer-distributor purchasing milk from such producer or producers may be resolved, after opportunity of a hearing to all parties at interest, by the commission, subject to review by writ of certiorari in the same manner hereinafter set forth in section 20 of this Act for the correction of errors with respect to revocation or denial of licenses. Any finding of the commission as to any amount payable hereunder shall be received by any court of this State as competent and prima facie evidence of such fact and shall be sufficient proof upon which judgment in the amount determined may be entered. Whenever any distributor or

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producer-distributor obligated to accept and purchase milk from any producer under the provisions hereof or otherwise shall fail to comply with such obligation, including by specific rejection thereof without cause or by diversion thereof in such manner that a shipping producer does not have notice that his milk is not being accepted and purchased by the distributor or producer-distributor primarily obligated to purchase the same, such distributor or producer-distributor shall be liable to pay such producer with respect to any future period of time during which such obligation would continue to exist, but for not more than twelve months from the initial breach of such obligation, an amount equal to the amount paid or payable for the milk purchased by such distributor or producer-distributor from such producer during an equal period of time prior to such breach less the value of an equal quantity of milk as surplus milk at the market price for surplus milk on the date of such breach; such producer shall not be denied liquidated damages computed in the manner herein set forth because the damages otherwise may be speculative; and such producer shall not be obligated thereafter to minimize the damages or to repay to such distributor or producer-distributor any additional sums received by him for subsequent sales of his milk. The provisions of the foregoing sentence apply to distributors or producer-distributors who for any reason discontinue business without satisfying all outstanding obligations to producers selling milk to them, including any obligation to continue purchasing milk until the required period of any notice of termination of the obligation shall have expired, provided, however, that any licensed distributor or producer-distributor buying milk from producers at any time may sell his milk business to any other distributor or producer-distributor licensed as such with respect to the same milk shed if a consideration of the sale is that the purchaser assumes and agrees to comply with all obligations of the seller to any producer selling milk to him. Disputes.

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Section 4. All laws or parts of laws in conflict with this Act hereby are repealed. Approved April 5, 1961. IMPERSONATION OF REVENUE AGENTS, ETC. No. 356 (House Bill No. 166). An Act to make it a misdemeanor to impersonate an auditor, agent or other representative of the State Revenue Commissioner or the Department of Revenue or any unit or division thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person, without authority to do so, to exercise, or attempt to exercise, or hold himself out to anyone as exercising, the duties or functions of an auditor, agent or other representative of the State Revenue Commissioner, or the Department of Revenue, or any official thereof, or any unit or division thereof, in any manner for any purpose. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Misdemeanor. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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LOAN DEEDS ETC. BY MARRIED MINORS EIGHTEEN YEARS OLD. No. 359 (House Bill No. 344). An Act to provide that any person who shall have reached his or her eighteenth birthday and who is married, may execute notes, loan deeds, deeds to secure debt, for the purpose of securing loans on real estate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, any person who shall have reached his or her eighteenth birthday and who is married, may execute promissory notes, loan deeds, and deeds to secure debt, for the purpose of securing loans on real estate, and the same shall be valid just as if such person had attained the age of twenty-one years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. STATE HIGHWAY DEPARTMENTCOSTS OF RELOCATING CERTAIN UTILITY LINES. No. 360 (House Bill No. 220). An Act to authorize the State Highway Department of Georgia to pay or participate in the payment of the cost of removing and relocating water distribution and sanitary sewer facilities owned by municipal corporations, counties, or other governmental subdivisions of the State of Georgia, or by authorities controlled by such municipal corporations, counties, or other governmental subdivisions, without regard to whether such facilities were originally installed upon

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right-of-way of a State-aid road or highway, a county road, or a city street, where such removal and relocation is made necessary by the construction or improvement of any road, street or highway by the State Highway Department of Georgia; to authorize the State Highway Department to waive provisions in existing permits and agreements in conflict with this Act; to define cost of removing and relocating water distribution and sanitary sewer facilities; to make costs incurred by the State Highway Department of Georgia under this Act a part of the construction cost of the project requiring removal and relocation of water distribution and sanitary sewer facilities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Highway Department of Georgia is authorized to pay or participate in the payment of the cost of removing and relocating water distribution and sanitary sewer facilities owned by municipal corporations, counties, or other governmental subdivisions of the State of Georgia, or by authorities, controlled by such municipal corporations, counties, or other governmental subdivisions, without regard to whether such facilities were originally installed upon right-of-way of a State-aid road or highway, a county road, or a city street, where such removal and relocation is made necessary by the construction or improvement of any road, street, or highway by the State Highway Department of Georgia. Authority. Section 2. The State Highway Department of Georgia, as to municipal corporations, counties, and other governmental subdivisions of the State of Georgia, and authorities controlled by such municipal corporations, counties, or other governmental subdivisions, is authorized to waive provisions in existing permits and agreements in conflict with this Act. Intent. Section 3. The cost of removing and relocating the water distribution and sanitary sewer facilities which the State Highway Department of Georgia is authorized

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to pay or participate in by this Act shall be limited to the cost of removing and relocating those facilities physically in place and in conflict with proposed construction and, where replacement is necessary, to the cost of replacement in kind. There shall be excluded from cost eligible for payment or participation under this Act that portion of such cost representing improvements or betterments in the water distribution and sanitary sewer facilities or a component part thereof being relocated, reconstructed, or replaced, except to the extent that such improvement or betterment is made necessary by the highway construction or improvement. Limits. Section 4. All costs incurred by the State Highway Department of Georgia under this Act shall be deemed to be a part of the construction cost of the project requiring removal and relocation of water distribution and sanitary sewer facilities. Costs. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. REVENUEESTATE TAXES. Code 92-3402 Enacted. No. 362 (House Bill No. 232). An Act, relating to the imposition, assessment and collection of estate taxes under Chapter 92-34 of the Code of Georgia, to clarify the effect of the amendment to section 92-3401 approved March 17, 1960 (Ga. L. 1960, p. 835-36) on sub-paragraph (a) thereof as enacted by the Act approved March 27, 1941 (Ga. L. 1941 p. 221, 223); to reenact subparagraph (a) of section 92-3401, relating to non-resident decedents, as enacted by the Act approved March 27, 1941 (Ga. L. 1941 p. 221, 223) as section 92-3402 of the Code of

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Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It was not the intent of the General Assembly in the Act approved March 17, 1960 (Ga. L. 1960, p. 835-836), striking section 92-3401 of the Code of Georgia and enacting in lieu thereof a new section 92-3401, to strike section 92-3401 (a) as enacted by the Act approved March 27, 1941 (Ga. L. 1941, p. 221, 223). However, if, and to the extent that, it may be so construed, said section 92-3401 (a), is hereby reenacted and designated as section 92-3402 to read as follows: 92-3402. Nonresident decedents; amount of tax : It shall be the duty of the legal representative of the estate of any person who may die a nonresident of this State but who owns or controls property located within this State, and whose estate is subject to the payment of a Federal estate tax, to file with the State Revenue Commissioner a duplicate of the return which he is required to make to the Federal authorities and pay a tax thereon as determined by section 92-3401 of this Code. The amount of the tax to be paid shall be in proportion to the amount of property located in this State as compared to the total amount of property located elsewhere. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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GEORGIA SECURITIES ACT AMENDEDEXEMPT TRANSACTIONS. No. 370 (House Bill No. 142). An Act to amend an Act known as the Georgia Securities Act, approved February 26, 1957 (Ga. L. 1957, pp. 134-163), as amended by an Act approved March 2, 1959 (Ga. L. 1959, pp. 89-99) and an Act approved March 17, 1960 (Ga. L. 1960, pp. 957-961), so as to provide for the changing and clarification of the requirements for exemption contained in subsection (j) of section 6 thereof, which subsection concerns the exemption of the sale of securities, not involving an underwriting, to not in excess of twenty-five (25) persons, not including sales to persons named in any other subsection of said section 6 which are otherwise exempt, providing such securities are purchased for investment and not for distribution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Securities Act, approved February 26, 1957 (Ga. L. 1957, pp. 134-163), as amended by an Act approved March 2, 1959 (Ga. L. 1959, pp. 89-99) and an Act approved March 17, 1960 (Ga. L. 1960, pp. 957-961), is hereby amended by striking subsection (j) of section 6 thereof in its entirety and inserting in lieu of said subsection a new subsection (j) to read as follows: (j) The sale of securities, not involving an underwriting, to not in excess of twenty-five (25) persons, not including sales to persons named in any other subsection of this section which are otherwise exempt, providing such securities are purchased for investment and not for distribution. Any securities purchased in such exempt transaction and held by the original purchaser for a period of twelve months after issuance thereof shall prima facie be presumed to have been purchased for investment and not for distribution. An issuer of securities

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desiring to obtain an exemption of a sale under this subsection shall make a written request to the Commissioner that such sale be exempted and shall accompany said request with an affidavit from each proposed purchaser bearing his signature and stating that he intends to buy(number of shares) shares of(type of stock) from(name of issuer) at the price ofper share and that he intends to purchase the said securities for investment purposes, and does not intend to resell the same for twelve (12) months. The Commissioner is authorized to require from said issuer and affiant such additional information as he deems necessary relative to such securities and the sale thereof. If the Commissioner determines that said request and affidavit are submitted in good faith and that the same are in proper form, he shall approve said request in writing, which approval shall be a condition precedent to the exemption of a sale of such securities under this subsection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. INSURANCEINVESTMENTS BY INSURERS. Code 56-1013 Amended. No. 371 (House Bill No. 336). An Act to amend an Act entitled Georgia Insurance Code of 1960, approved March 8, 1960, (Ga. L. 1960 p. 289 et seq.) and codified as section 56-1013 of the Code of Georgia, both of which relate to eligible investments of domestic insurers, so as to provide that insurers may invest in revenue bonds issued by any political subdivision, authority, unit, or other corporate body created by the United States Government or the

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government of any State for the purpose of aiding in or promoting the industrial development of such state or political subdivision. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 56-1013 of the Code of Georgia of 1933 as amended be and the same is hereby amended, by adding at the end of Code section 56-1013, which reads as follows: An insurer may invest in the bonds, notes, certificates of indebtedness, warrants or other evidence of indebtedness which are valid obligations issues, assumed or guaranteed by the United States of America or any state thereof, or by any county, municipal corporation, district, or political subdivision, or civil division of public instrumentality of any such government or unit thereof, if by statute or other legal requirements such obligations are payable as to both principal and interest from revenues or earnings from the whole or any part of any utility supplying water, gas, sewage disposal facility or electricity or any other public service, including but not limited to toll roads and toll bridges the following language, to-wit: and in revenue bonds issued by any political subdivision, authority, unit, or other corporate body created by the United States Government or the government of any State, for the purpose of aiding in or promoting the industrial development of such State or political subdivision so that said code section, as amended, shall read as follows: An insurer may invest in the bonds, notes, certificates of indebtedness, warrants or other evidence of indebtedness which are valid obligations issued, assumed or guaranteed by the United States of America or any state

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thereof, or by any county, municipal corporation, district, or political subdivision, or civil division of public instrumentality of any such government or unit thereof, if by statute or other legal requirements such obligations are payable as to both principal and interest from revenues or earnings from the whole or any part of any utility supplying water, gas, sewage disposal facility or electricity or any other public service, including but not limited to toll roads and toll bridges, and in revenue bonds issued by any political subdivision, authority, unit, or other corporate body created by the United States Government or the government of any State, for the purpose of aiding in or promoting the industrial development of such State or political subdivisions. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. STRUCTURAL PEST CONTROL ACT AMENDEDLICENSING POWER OF MUNICIPALITIES. No. 374 (House Bill No. 543). An Act to amend an Act entitled Structural Pest Control Act, approved March 7, 1955 (Ga. L. 1955, p. 564), as amended, particularly, by an Act approved March 16, 1960 (Ga. L. 1960, p. 813), so as to repeal the provision limiting the licensing power of municipalities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Structural Pest Control Act, approved March 7, 1955, (Ga. L. 1955, p. 564), as amended, particularly, by an Act approved March 16, 1960, (Ga. L. 1960, p. 813), is hereby amended by striking section 13. (b) of said Act in its entirety.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. TERMS OF COURTS OF ORDINARY. Code 24-2101 Amended. No. 375 (House Bill No. 265). An Act to amend Code section 24-2101, as amended, by an Act approved March 4, 1953 (Ga. L. 1953, p. 520), so as to provide that if the first Monday in a month falls on a legal holiday, the Courts of Ordinary do not have to convene until the following day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2101, as amended, by an Act approved March 4, 1953 (Ga. L. 1953, p. 520), is hereby amended by adding a new sentence to said Code Section to read as follows: If the first Monday in a given month should happen to fall on a legal holiday, the Courts of Ordinary throughout the State of Georgia shall convene on the following day, so that said Code section 24-2101, when so amended shall read as follows: The Court of Ordinary shall be held at the place prescribed for the Superior Court or in the office of the Ordinary in each county, by the Ordinary thereof, on the first Monday in each month, and continue in session from day to day as the business of the court may require. If the first Monday in a given month should happen to fall on a legal holiday, the Courts of Ordinary throughout

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out the State of Georgia shall convene on the following day. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. ARCHITECTSQUALIFICATION AND REGISTRATION. Code 84-303, 84-318 Amended. Code 84-317 Repealed. No. 379 (House Bill No. 322). An Act to amend Code Chapter 84-3 pertaining to Architects, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 457), and an Act approved March 9, 1955 (Ga. L. 1955, p. 602), by striking therefrom subsection (1) of subdivision (a) of Code section 84-303 as amended and inserting in lieu thereof a new subsection, so as to provide for qualifications for examination of applicants to become architects; to amend subsection (2) of subdivision (a) of Code section 84-303 as amended so as to require that a candidate for examination must have a minimum of eight years' experience, subsequent to completion of the high school course or the equivalent thereof, in the office or offices of a regular practicing registered architect or architects, as may be approved by the State Board of Examination, Qualification Registration of Architects; to amend subdivision (b) of Code section 84-303 as amended so as to provide that an application for a certificate of registration as an architect must be accompained by a Council Record prepared by the National Council of Architectural Registration Boards and such other evidence as the State Board for Examination, Qualification and Registration of Architects may require; to repeal in its entirety

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Code section 84-317 pertaining to examination of architects who have practiced outside of the State of Georgia; to amend Code section 84-318 pertaining to renewal of certificate of registration by architects so as to provide that every registered architect who shall desire to continue the practice of his profession shall, annually during the month of June renew his certificate of registration as provided in said Code section, and that a person who shall fail to renew his certificate of registration during the month of June in each year may not thereafter renew his certificate except in the manner prescribed in said Code section; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-3 pertaining to Architects, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 457), and an Act approved March 9, 1955, p. 602) is amended by striking therefrom subsection (1) of subdivision (a) of Code section 84-303 as amended and inserting in lieu thereof a new subsection (1) of subdivision (a) of said Code section which shall read as follows: (1) A diploma of graduation from an architectural college or school indicating that he or she has completed a technical course approved by the National Architectural Accrediting Boards and at least 3 years' satisfactory experience in the office or offices of a regularly practicing registered architect or architects. Qualifications. Section 2. Said Chapter as amended is further amended by striking from the first line of subsection (2) of subdivision (a) of Code section 84-303 the phrase seven years' experience and inserting in lieu thereof the phrase eight years' experience so that said subsection when so amended shall read as follows: (2) A minimum of eight years' experience, subsequent to completion of the high school course of the

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equivalent thereof, in the office or offices of a regularly practicing registered architect or architects, as may be approved by the said board. Should the applicant have attended an accredited architectural college or school, the board may accept the satisfactory completion of each year thereof as being equivalent to one year of the above required office experience, provided that accredited college or school experience shall not be accepted in lieu of more than four years of the above required experience. Same. Section 3. Said Chapter as amended is further amended by adding at the end of the first paragraph of subdivision (b) of Code section 84-303 as amended the sentence: Such application must be accompanied by a `Council Record' prepared by the National Council of Architectural Registration Boards and such other evidence as the Board may require, so that when so amended the said subdivision shall read as follows: Council Record. (b) The applicant for a certificate of registration shall submit satisfactory evidence of registration or certification in another State or Territory where the qualifications prescribed at the time of such registration or certification were equal to those prescribed in this State at date of application. Such application must be accompanied by a `Council Record' prepared by the National Council of Architectural Registration Boards and such other evidence as the Board may require. Section 4. Said Chapter is further amended by repealing in its entirety Code section 84-317 which reads as follows: An architect who has lawfully practiced architecture for a period of more than 10 years outside of this State shall, except as other wise provided in subdivision (b) of section 84-303, be required to take only a practical examination, the nature of which shall be prescribed by the said Board for the Examination and Registration of Architects. Code 84-317 repealed.

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Section 5. Said Chapter as amended is further amended by striking from Code section 84-318 pertaining to renewal of certificate of registration the phrases during the month of July wherever the same appear therein and inserting in lieu thereof the phrases during the month of June, so that said Code section when so amended shall read as follows: 84-318. Every registered architect who shall desire to continue the practice of his profession shall, annually during the month of June, renew his certificate of registration, and pay to the Joint-Secretary, State Examining Boards, the renewal fee of $7.50, required by section 84-313. A person who shall fail to renew his certificate of registration during the month of June in each year may not thereafter renew his certificate except upon payment to the Joint-Secretary of the fee of $15, required by section 84-313. Every renewal certificate shall expire on the 30th day of June following the issuance. Renewal of registration. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. THE GRACEWOOD STATE SCHOOL AND HOSPITAL. No. 384 (House Bill No. 493). An Act to change the name of the Georgia Training School for Mental Defectives at Gracewood to the Gracewood State School and Hospital; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the effective date of this Act, the State institution at Gracewood, Georgia, established pursuant to an Act approved August 19, 1919 (Ga. L. 1919, p. 377), and known as The Georgia Training

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School for Mental Defectives shall be known as and called The Gracewood State School and Hospital. Name changed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. JUVENILE COURT ACT AMENDED. No. 387 (House Bill No. 408). An Act to amend an Act to amend the Juvenile Court Act, approved February 19, 1951 (Ga. L. 1951, p. 291, et. seq.), as amended, by an Act approved February 13, 1956, (Ga. L. 1956, p. 69, et. seq.), which amendment provided that in counties having a population of 150,000 or more but less than 300,000 upon the expiration of the terms of the office of the juvenile court judge in such counties all cases pending in the juvenile court in such counties would be transferred to the superior court and providing a method of appeals from final judgements of superior court judges sitting as juvenile court judges, so as to delete from said Act and the caption thereof the figures 300,000 wherever the same shall appear and insert in lieu thereof, 250,000 according to the 1960 United States census or any future census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act approved February 19, 1951, (Ga. L. 1951, p. 291, et. seq.), the Juvenile Court Act, as amended by an Act approved February 13, 1956, (Ga. L. 1956, p. 69, et. seq.), which amendment provided that in counties having a population of 150,000 or more but

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less than 300,000 upon the expiration of the term of the office of the juvenile court judges in such counties all cases pending in the juvenile court in such counties would be transferred to the superior court be, and the same is hereby, amended by deleting from the caption of said Act, as amended, or wherever the same shall appear, the figures 300,000 and inserting in lieu thereof the figures and language, 250,000 according to the United States census of 1960 or any future census. Counties where applicable. Section 2. That section 3A of said Juvenile Court Act, as added by an Act amending said Act approved February 13, 1956, (Ga. L. 1956, p. 69, at page 72) be, and the same is hereby, amended by striking the figures and language 300,000, by the last, and inserting in lieu thereof 250,000 according to the 1960. Section 3. That section 3B of said Juvenile Court Act, as added by an Act amending said Act approved February 13, 1956, (Ga. L. 1956, p. 69, at page 73) be, and the same is hereby, amended by striking the figures and language 300,000 by the last, and inserting in lieu thereof the figures and language, 250,000 according to the 1960. Section 4. It is the intent of this Act that sections 3A and 3B of the Juvenile Court Act, added by an Act amending said Act approved February 13, 1956, (Ga. L. 1956, p. 69, et. seq.) said sections now be codified as sections 24-2437 and 24-2438 of the Code of 1933 Annotated, shall be applicable in counties having a population of 150,000 or more but less than 250,000 according to the United States census of 1960 or any future census. Intent. Section 5. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961.

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MORTGAGES ETC. BY PUBLIC UTILITIES. Code 67-103 Amended. No. 389 (House Bill No. 393) An Act to amend Code section 67-103, relating to what a mortgage or bill of sale to secure debt may embrace, as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 529), so as to provide that any public utility company, whether or not incorporated, may, by morgage, or bill of sale to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 67-103, relating to what a mortgage or bill of sale to secure debt may embrace, as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 529), is hereby amended by adding at the end thereof the following: Provided, however, any public utility company, whether or not incorporated, may, by mortgage, or bill of sale to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein. so that when so amended Code Section 67-103 shall read as follows: 67-103. A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the right of possession at the time, or may cover a stock of goods, an inventory of merchandise (which latter term shall include materials, goods in process, and finished goods intended for sale, whether

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or not requiring further manufacturing or processing), or other things in bulk, but changing in specifics, in which case the lien of the mortgage or the title given to secure debt is lost as to all articles disposed of by the mortgagor or grantor up to the time of foreclosure, but attaches to the purchases made to supply their place, and, when expressly so stipulated therein, to other after-acquired additions to the original stock of goods, inventory of merchandise, or the other things in bulk originally mortgaged or conveyed to secure debt. A mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall, when it is expressly so stipulated therein, embrace, cover, and convey title to after-acquired property of such person or corporation. Provided, however, any public utility company, whether or not incorporated, may by mortgage, or bill of sale to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein. Property included. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. HIGHWAYSSTATE-AID ROADS WITHIN MUNICIPALITIES. No. 395 (House Bill No. 401). An Act to provide that the construction and maintenance of portions of the State-aid system of roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board; to provide that municipalities be relieved of any liability occasioned by defects in that portion of the State-aid system lying within the corporate limits of municipalities or resulting from failure or neglect on the part of

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the State Highway Board to properly maintain said portions of the State-aid system; to provide that municipal officials shall cooperate with the State Highway Board in securing rights of way for construction of State-aid roads within municipalities; to provide that the State Highway Board shall notify the highest elected official of each incorporated municipality of the streets, or parts of streets, within his respective municipality which are designated as a part of the State-aid system of roads; to repeal an Act approved March 29, 1937 (Ga. L. 1937, p. 1081) relating to construction and maintenance of streets, or parts of streets, lying within the corporate limits of municipalities and forming a continuation of, or link in, the State-aid system of roads; to repeal an Act approved March 21, 1958 (Ga. L. 1958, p. 223) relating to allocation by the State Highway Department to the several municipalities of this State of a certain sum for the maintenance of municipal highways; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intention of this Act that the construction of State-aid roads within the corporate limits of municipalities and the maintenance of the riding surface, road bed, and shoulders (where they exist) of portions of the State-aid system of roads, now or hereafter designated, which lie within the corporate limits of municipalities shall be the responsibility of the State Highway Board, to be constructed and maintained out of funds allocated for the construction and maintenance of State-aid roads in this State. Intent. Section 2. The State Highway Board shall construct portions of the State-aid system of roads within the corporate limits of municipalities of this State whenever deemed necessary by said Board, and the governing officials of any municipality in which the construction of such portion or portions is being planned shall cooperate with the State Highway Board in assisting them to secure rights of way. Construction of roads within city limits.

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Section 3. The State Highway Board shall maintain the riding surface, road bed and shoulders (where they exist) of all streets and highways, or parts thereof, lying within the corporate limits of municipalities which are or shall become a part of the State-aid system of roads. The cost of said maintenance is to be paid out of the funds allocated annually to the State Highway Department. Provided, however, that the State Highway Board shall not be required to expend for the maintenance of State-aid roads within the corporate limits of any municipality having a population of more than 33,000, according to the 1960 or any future census, in any year, a sum greater than the average cost per mile expended for maintenance of State-aid roads in municipalities having populations of 33,000 or less, according to the 1960 or any future census, in the same year. Maintenance. Section 4. The municipalities of this State are hereby relieved of any and all liability resulting from, or occasioned by, defects in those portions of the State-aid system of roads lying within the corporate limits of municipalities or resulting from the failure of the State Highway Board to maintain properly and in good repair any such portion, or portions, of the State-aid system of roads lying within the corporate limits of any municipality which it is said Board's responsibility to maintain under this Act. Liability. Section 5. Upon designating any portion of streets or highways within the corporate limits of municipalities as part of the State-aid system of roads, the State Highway Board shall so notify the highest elective official of the municipality concerned. Notice. Section 6. An Act approved March 29, 1937 (Ga. L. 1937, p. 1081) relating to the construction and maintenance of streets, or parts of streets, lying within the corporate limits of municipalities and forming a continuation of, or link in, the State-aid system of roads, is hereby repealed in its entirety. 1937 Act repealed. Section 7. An Act approved March 21, 1958 (Ga. L. 1958, p. 223) relating to allocations by the State Highway

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Department to the several municipalities of this State of a certain sum for the maintenance of municipal highways, is hereby repealed in its entirety. 1958 Act repealed. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. EDUCATIONLEASES BETWEEN STATE DEPARTMENT OF EDUCATION AND LOCAL BOARDS. No. 396 (House Bill No. 537). An Act authorizing the State Department of Education on behalf of the State of Georgia to lease for periods up to four years State owned property which is controlled and held by the State Board of Education for its own use to county school boards, city school boards or other like agencies in the State having the power to operate and regulate any public school in the State of Georgia so that said State property may be used by local school board agencies for administrative, maintenance, warehouse or storage purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Department of Education on behalf of the State of Georgia may lease for periods up to four years any State owned property in its control and held for its use to county school boards, city school boards or other like agencies in the State having the power to operate and regulate any public school in the State of Georgia, provided that any such property so leased shall be used by the lessee only for administrative, maintenance, warehouse or storage purposes.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. NORTHERN JUDICIAL CIRCUITCOMPENSATION OF JUDGE. No. 398 (House Bill No. 227). An Act to provide compensation for the Judge of the Superior Court of the Northern Judicial Circuit; to provide for payment by the counties of said circuits; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Judge of the Superior Court of the Northern Judicial Circuit shall receive a supplemental salary to be paid by the counties comprising said circuit in the following amounts: Franklin County, fifty dollars ($50.00) per month, Hart County, fifty dollars ($50.00) per month, Madison County, fifty dollars ($50.00) per month, Oglethrope County, twenty-five dollars ($25.00) per month. The above amounts shall be in addition to any amounts received from the State. The amounts shall be paid to the judge by the fiscal authorities of the counties each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Advertisement. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a bill to provide for compensation for the Judge

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of the Superior Courts of the Northern Judicial Circuit; and for other purposes. This, the 2nd day of January, 1961. /s/ M. Parks Brown, Representative, Hart County. /s/ Parker Purcell, Representative, Franklin County. /s/ Harold A. Boggs, Representative, Madison County. /s/ George B. Brooks, Representative, Oglethorpe County. Georgia, Elbert County. Before me the undersigned attesting officer duly authorized to administer oaths personally appeared G. T. Christian, Sr., who on oath deposes and says that he is editor and publisher of the Elberton Star, a bi-weekly newspaper and the official organ of the Elbert County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated January 6th, 1961, January 13, 1961, and January 20, 1961. /s/ G. T. Christian, Sr. Sworn to and subscribed before me this 21st day of January, 1961. /s/ Otto Jones, Notary Public, State of Georgia. Elbert County. Legal Advertisement. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of

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Georgia, a bill to provide for compensation for the Judge of the Superior Courts of the Northern Judicial Circuit; and for other purposes. This, the 2nd day of January, 1961. /s/ M. Parks Brown, Representative, Hart County. Georgia, Hart County. Before me the undersigned attesting officer duly authorized to administer oaths personally appeared Max G. Pfaender and Edna M. Pfaender, who on oath depose and say and certify that they are the publishers of The Hartwell Sun, a weekly newspaper and the official organ of Hart County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated January 5, 1961, January 12, 1961, and January 19, 1961. /s/ Max C. Pfaender. /s/ Edna M. Pfaender. Sworn to and subscribed before me this 21st day of January, 1961. /s/ A. E. Ertzberger, Ordinary, Hart County, Georgia. Legal Advertisement. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a bill to provide for compensation for the Judge of the Superior Courts of the Northern Judicial Circuit; and for other purposes.

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This the 2nd day of January, 1961. /s/ M. Parks Brown, Representative, Hart County. /s/ Parker Purcell, Representative, Franklin County. /s/ Harold A. Boggs, Representative, Madison County. /s/ George B. Brooks, Representative, Oglethorpe County. Georgia, Madison County. Before me the undersigned attesting officer duly authorized to administer oaths personally appeared Jere C. Ayers, who on oath deposes and says and certifies that he is publisher of The Danielsville Monitor, a weekly newspaper and the official organ of Madison County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated January 5, 1961, January 12, 1961, and January 19, 1961. /s/ Jere C. Ayers. Sworn to and subscribed before me this 21st day of January, 1961. /s/ N. Hoke David, Notary Public, State of Georgia. Madison County. Legal Advertisement. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a bill to provide for compensation for the Judge

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of the Superior Courts of the Northern Judicial Circuit; and for other purposes. This, the 2nd day of January, 1961. /s/ M. Parks Brown, Representative, Hart County. /s/ Parker Purcell, Representative, Franklin County. /s/ Harold A. Boggs, Representative, Madison County. /s/ George B. Brooks, Representative, Oglethorpe County. Georgia, Franklin County. Before me the undersigned attesting officer duly authorized to administer oaths personally appeared J. F. Little, who on oath deposes and says and certifies that he is publisher of The Carnesville Herald, a weekly newspaper and the official organ of Franklin County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated January 5, 1961, January 12, 1961, and January 19, 1961. /s/ J. F. Little. Sworn to and subscribed before me this 21st day of January, 1961. /s/ Andrew J. Hill, Jr., Notary Public, State of Georgia. Franklin County. Legal Advertisement. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of

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Georgia, a bill to provide for compensation for the Judge of the Superior Courts of the Northern Judicial Circuit; and for other purposes. This, the 2nd day of January, 1961. /s/ M. Parks Brown, Representative, Hart County. /s/ Parker Purcell, Representative, Franklin County. /s/ Harold A. Boggs, Representative, Madison County. /s/ George B. Brooks, Representative, Oglethorpe County. /s/ Hamilton McWhorter, Jr., Senator, 50th Senatorial District. Georgia, Oglethorpe County. Before me the undersigned attesting officer duly authorized to administer oaths personally appeared Ralph B. Maxwell, who on oath deposes and says and certifies that he is publisher of The Oglethorpe Echo, a weekly newspaper and the official organ of Oglethorpe County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated January 5, 1961, January 12, 1961, and January 19, 1961. /s/ Ralph B. Maxwell. Sworn to and subscribed before me this 21st day of January, 1961. /s/ Hamilton McWhorter, Judge, City Court of Lexington. Approved April 5, 1961.

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TIME OF HOLDING JUSTICE OF THE PEACE COURTS. Code 24-901 Amended. No. 407 (House Bill No. 266). An Act to amend Code section 24-901, so as to provide that if the fixed time for holding a Justice of the Peace Court should happen to fall on a legal holiday, then the day following would be considered the regular court day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-901 is hereby amended by adding the following sentence to said Code Section: If the fixed time for holding a Justice of the Peace Court should happen to fall on a legal holiday, then the day following would be considered the regular court day, so that when so amended said Code section shall read as follows: Justices of the Peace shall hold their respective courts monthly at fixed times and places; and when from any reason the business of such court cannot be disposed of in one day, such courts may hold from day to day or adjourn to such time as may be agreed upon by the parties, with the consent of the court, until the business is disposed of. If the fixed time for holding a Justice of the Peace Court should happen to fall on a legal holiday, then the day following would be considered the regular court day. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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REVENUENON RESIDENT CONTRACTORS DOING BUSINESS IN GEORGIA. No. 409 (House Bill No. 348). An Act to insure the collection of taxes from nonresidents engaging in the business of contracting in this State; to provide for the registration of nonresident contractors as defined herein; to provide for the filing of a bond and a consent to service of process; to provide penalties for the violation 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. For the purpose of this Act, contractor includes individuals, partnerships, firms or corporations, or associations engaged in the business of the construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, water wells, pipe lines, and every other type of structure, project, development or improvement coming within the definition of real property and personal property, including such construction, alteration, or repairing of such property to be held either for sale or rental, and further including all subcontractors so engaged. Contractor defined. Section 2. To the end that the State of Georgia and the political subdivisions thereof may receive all taxes due in every instance, including contributions due under the employment security law, contractors, who are nonresidents of this State, desiring to engage in, prosecute, follow or carry on the business of contracting as defined in this Act shall register with the State Revenue Commissioner for each contract where the total contract price or compensation to be received amounts to more than ten thousand ($10,000) dollars: Provided, a foreign corporation authorized to do business in this State shall not be required to register under the provisions of this Act. The

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State Revenue Commissioner shall charge a fee for such registration in the amount of ten ($10) dollars for each such contract. All such fees received by the State Revenue Commissioner shall be deposited on Monday of each week with the State Treasurer. The State Treasurer shall thereupon credit the amount of said fees to the general revenue fund. Registration. Section 3. Every contractor registering for any contract, as defined in this Act, where the total contract price, or the compensation to be received, amounts to more than ten thousand ($10,000) dollars, shall, before entering into the performance of such contract, execute and file with the State Revenue Commissioner a good and valid bond in a surety company authorized to do business in this State, or with sufficient sureties to be approved by the State Revenue Commissioner, conditioned that all taxes, including contributions due under the employment security law, which may accrue to the State of Georgia and all taxes which may accrue to the political subdivisions thereof on account of the execution and performance of such contract will be paid when due, and the execution and filing of said bond shall be a condition precedent to commencing work on any contract in the State of Georgia: Every such bond shall be in an amount equal to ten per cent (10%) of the contract price or the compensation to be received: Provided further, if any contractor is engaged in a continuing service under multiple contracts or is performing services under a contract on a contingent or unit basis and the contract price or compensation cannot be determined until after the performance of such contract, or if the State Revenue Commissioner finds that registration of such contract or contracts before commencement of work thereunder is impracticable for any reason, the State Revenue Commissioner may permit or require such contractor to file a blanket or master bond conditioned as hereinabove provided, in such sum as the State Revenue Commissioner may determine to be proper, but not less than ten thousand ($10,000) dollars, with respect to all contracts to be performed during the current calendar year, and in such cases the contractor shall report

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and register, on or before the first day of March, all contracts of ten thousand ($10,000) dollars or more completed during the previous calendar year and pay the registration fee of ten ($10.00) dollars for each such contract. Bond. Every person failing to register as required by this Act, or to execute the bond herein provided before beginning the performance of any contract, shall be denied the right to perform such contract until he complies with such requirements, and the county attorney of any county in which the contract is to be performed, general counsel of the employment security division when requested by the director of the employment security division, or the attorney for the State Revenue Commissioner, when requested by the State Revenue Commissioner is hereby authorized to proceed by injunction to prevent any activity in the performance of such contract until such registration is made and such bond is executed and filed, and any temporary injunction enjoining the execution of such contract shall be granted without notice by any judge now authorized by law to grant injunctions. Penalty. Section 4. At the time such contractor registers with the State Revenue Commissioner, he shall make an appointment, in writing, of the Secretary of State of the State of Georgia, or his successor in office, to be his true and lawful agent, upon whom may be served all lawful process in any action or proceeding against said nonresident contractor for state and local taxes growing out of any contract executed, or being executed, in this State; and said appointment, in writing, shall be evidence of such contractor's agreement that any such process against him which is so served on the Secretary of State shall be of the same legal force and validity as if served upon him personally within the State. Agent for service. Section 5. An action against any contractor coming within the provisions of this Act may be brought by the attorney for the State Revenue Commissioner or the general counsel of the employment security division in Fulton

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County or in any county in which any work under any such contract is performed. The summons shall be directed to the Secretary of State, and shall require the defendant to answer by a certain day, not less than thirty (30) days nor more than sixty (60) days from date. Said summons shall be forthwith forwarded by the Clerk of the Court to the Secretary of State, who shall immediately forward a copy thereof to the contractor at the address given by such contractor; and thereupon the Secretary of State shall make return of said summons to the court whence it issued, showing the date of its receipt by him, the date of forwarding such copy and the name and address of the person to whom he forwarded said copy. Such return shall be under his hand and seal of office, and shall have the same force and effect as a due and sufficient return made by the sheriff on process directed to him. The Secretary of State shall keep a suitable record book, in which he shall docket every action commenced against any such contractor as aforesaid. This record shall show the court in which the suit is brought, the title of the case, the time when commenced, and the date and manner of service. Actions. Section 6. Any contractor who fails to register with the State Revenue Commissioner as required by this Act, or who fails to comply with any of the provisions of this Act, shall not be entitled to maintain an action to recover payment for performance in the courts of this State on such contract. Penalty. Section 7. The administration of this Act is vested in the State Revenue Commissioner, who is hereby authorized to make and enforce such reasonable rules and regulations not inconsistent with the provisions of this Act as he may deem necessary: Provided, no bonds required under this Act shall be released until the contract for which any such bond is given shall be fully performed, nor until the State Revenue Commissioner shall obtain a written release from the director of the employment security division certifying that all contributions and interest due by the principal on such bond, under the employment security

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law, have been paid in full: Provided however, such bond shall be released automatically six months after completion of any contract, unless a court proceeding has been instituted against the contractor. Rules. Section 8. Every person failing to register as required by this Act, or to execute the bond herein provided, before beginning the performance of any contract, or who violates any other provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 9. This Act shall take effect and be in force from and after July 1, 1961. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. ATLANTIC JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 416 (House Bill No. 284). An Act to amend an Act placing the solicitor-general of the Atlantic Judicial Circuit on a salary basis in lieu of a fee basis, approved August 15th., 1927 (Ga. L. 1927, pp. 739-741), so as to change the compensation of the solicitor-general; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the solicitor-general of the Atlantic Judicial Circuit on a salary basis in lieu of a fee basis, approved August 15th., 1927 (Ga. L. 1927, pp. 739-741), is hereby amended by striking from section 1 and 2 the figures 3250.00, $850.00, $550.00, and $375.00, wherever said figures appear in said sections

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1 and 2 of said Act, as aforesaid, and inserting in lieu thereof the figures 4750.00, 1255.00, $805.00, $790.00, $805.00, $547.50, so that when so amended, section 2 shall read as follows: Section 2. The salary of the solicitor-general of the said Atlantic Judicial Circuit shall be the sum of $4750.00 per annum, in addition to the sum of $250.00 per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of the State of Georgia; which said salary herein fixed shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportions, to-wit: Tattnall County shall pay the sum of $1255.00; Evans County shall pay the sum of $805.00; Bryan County shall pay the sum of $790.00; Liberty County shall pay the sum of $805.00; Long County shall pay the sum of $547.50; and McIntosh County shall pay the sum of $547.50. It shall be and is hereby made the duty of the proper officer or officers having control of county matters in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly out of the funds of said counties; that is to say, on the first days of January, April, July, and October, and upon regular county warrants and vouchers issued therefor, and it is further made the duties of the ordinaries, county commissioners, or other county authorities having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and taxing of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salaries herein named, including the salary, allowances received from the State, and the fees for services of said solicitor-general in the Supreme Court and Court of Appeals, and any supplements now or hereafter paid, shall be full payment for all services of said solicitor-general, for all traveling expenses incurred within the State; and for all sums paid out by said solicitor-general for clerical aid and legal

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assistance engaged or employed by him. Provided, however, should he be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the particular county having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such service. And the said solicitor-general shall not be required to pay for the services of attorneys and stenographers working with the grand jury, drawing bills of indictment and performing other duties required of said solicitor-general's office, while the solicitor-general is otherwise employed in court. Such services of the other attorneys or stenographers shall be paid for out of the county treasuries upon an approval order from the presiding judge. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. Georgia, Evans County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths Fred Eden who after being duly sworn according to law, deposes and says on oath that he is editor and publisher of The Claxton Enterprise, a newspaper of said county in which the Sheriff's advertisements are published, and that the above and attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper in the issues of December 29th., 1960, and January 5th., January 12th., 1961. /s/ J. Fred Eden. Sworn to and subscribed before me, this the 13th day of January, 1961. /s/ R. D. Dubberly, Jr.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor-general of the Atlantic Judicial Circuit; and for other purposes. This December 27th, 1960. /s/ Bruce D. Dubberly. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor-general of the Atlantic Judicial Circuit; and for other purposes. This December 27th., 1960. /s/ Bruce D. Dubberly. Affidavit. Georgia, Bryan County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths F. O. Miller who after being duly sworn according to law, deposes and says on oath that he is editor and publisher of The Pembroke Journal, a newspaper of said county in which sheriff's advertisements are published, and that the above and attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper in the issues of December 29th., 1960, and January 5th., January 12th., 1961. /s/ F. O. Miller.

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Sworn to and subscribed before me, this the 19 day of January, 1961. /s/ Eugene Mollen, Justice of Peace 19 GM Dist. Bryan County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor-general of the Atlantic Judicial Circuit; and for other purposes. This December 27th, 1960. /s/ Bruce D. Dubberly. Affidavit. Georgia, Long County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths Mrs. Mary Williams Owen who after being duly sworn according to law, deposes and says on oath that she is managing editor of The Ludowici News, a newspaper of said county in which Sheriff's advertisements are published, and that the above attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper in the issues of December 30th., 1960, and January 6th., and January 13th., 1961. /s/ Mary Williams Owen. Sworn to and subscribed before me, this the 19 day of January, 1961. /s/ Helen W. Coxon, Notary Public.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor-general of the Atlantic Judicial Circuit; and for other purposes. This December 27th, 1960. /s/ Bruce D. Dubberly. Affidavit. McIntosh County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths Charles M. Williamson who after being duly sworn according to law, deposes and says on oath that he is editor and publisher of The Darien News, a newspaper of said county in which Sheriff's advertisements are published, and that the above and attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper in the issues of December 29th., 1960, and January 5th., and January 12th., 1961. /s/ Charles M. Williamson. Sworn to and subscribed before me, this January 19, 1961. /s/ Frieda S. Stibbins, Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor-general

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of the Atlantic Judicial Circuit; and for other purposes. This December 27th, 1960. /s/ Bruce D. Dubberly. Affidavit. Georgia, Liberty County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths H. G. Driggers, Jr. who after being duly sworn according to law, deposes and says on oath that he is editor of The Hinesville Sentinel, a newspaper of said county in which sheriff's advertisements are published, and that the above attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper in the issues of December 29th., 1960, and January 5th. and January 12th., 1961. /s/ H. G. Driggers, Jr. Sworn to and subscribed before me, this the 23rd day of January, 1961. /s/ W. I. Stafford, Jr., Notary Public. Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor-general of the Atlantic Judicial Circuit; and for other purposes. This December 27th., 1960. /s/ Bruce D. Dubberly.

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Affidavit. Georgia, Tattnall County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths Russell B. Rhoden who after being duly sworn according to law, deposes and says on oath that he is managing editor of The Tattnall Journal, a newspaper of said county in which Sheriff's advertisements are published, and that the above and attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper in the issues of December 29th., 1960, and January 5th., and January 12th., 1961. /s/ Russell B. Rhoden. Sworn to and subscribed before me, this the 24th day of January, 1961. /s/ B. D. Dubberly, Jr., Notary Public. (Seal). Approved April 5, 1961. CRIMESESCAPE FROM CONFINEMENT. Code 26-4507 Amended. No. 418 (House Bill No. 246). An Act to amend section 26-4507 of the 1933 Code relating to the penalty for escape from confinement, as amended particularly by an Act approved March 8, 1955 (Ga. L. 1955, p. 578), so as to clarify the places of confinement covered by said section; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 26-4507 of the 1933 Code relating to the penalty for escape from confinement, as amended particularly by an Act approved March 8, 1955 (Ga. L. 1955, p. 578), is hereby amended by striking Code section 26-4507 in its entirety and substituting in lieu thereof a new section 26-4507 which shall read as follows: 26-4507 . Any person who shall be convicted and confined in a public works camp, penitentiary, city jail, county jail or any other place of incarceration or detention for the violation of any State law, whether misdemeanor or felony, and who shall escape or attempt to escape from any of the aforesaid places of confinement or imprisonment, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by confinement and labor in the penitentiary for not less than one (1) nor more than five (5) years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. SOUTHERN JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 419 (House Bill No. 382). An Act to amend and clarify the Act providing for a salary system in lieu of a fee system for the solicitor-general of the Southern Judicial Circuit and those amendatory thereof (Ga. L. 1922, p. 316, et seq.; Ga. L. 1951, p. 3400, et seq., and Ga. L. 1957, p. 52) so as to clarify the amount to be paid by the County of Brooks to the solicitor-general of the Southern Judicial Circuit toward the salary of said solicitor-general; and for other purposes.

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Whereas, the Act of 1922, p. 316 provided for a salary for the solicitor-general of the Southern Judicial Circuit and provided that Brooks County would pay $900.00 per annum on said salary and further provided for double such annual payments additional from each of such counties as may, at the time of the accrual of said salary charges against them, have therein no city court, county court, or other inferior court with jurisdiction to try and dispose of misdemeanor cases arising anywhere in the county; and Whereas, the City Court of Quitman was abolished as a result of a referendum held pursuant to the Acts of 1951, p. 3400, which Act, in section 4 thereof provided: That any of the provisions of the law to the contrary notwithstanding, nothing in this Act shall be construed as affecting the salary of the solicitor-general of the Superior Court of Brooks County.; and Whereas, it was the intention of said Act of 1951 that the additional sum provided for by the Act of 1922 for the solicitor-general of the Southern Judicial Circuit would not be applicable to Brooks County because of the abolishment of said city court; and Whereas, the Act of 1957, p. 52 further amended the salary of the solicitor-general of the Southern Judicial Circuit with respect to all of the counties, and provided, with respect to Brooks County, an additional monthly payment of $37.50 on said salary, which was to be in addition to any salary then paid said solicitor-general; Now, therefore, be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. It is hereby determined that the intention of the Act of 1922, as amended by the Acts of 1951 and 1957 hereinabove referred to, was to provide that the County of Brooks would be obligated for and pay to the solicitor-general of the Southern Judicial Circuit the sum

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of $900.00 per annum, plus $37.50 per month as the total obligation of said county to said solicitor-general for salary as such. Brooks County. Section 2. In the event, for any reason, section 1 of this bill shall be held to be ineffective or not of force and effect, then the Act providing for the salary of the solicitor-general of the Southern Judicial Circuit, as amended, be and the same hereby is amended so as to provide that Brooks County shall pay to said solicitor-general of the Southern Judicial Circuit the sum of $900.00 per annum, plus $37.50 per month in discharge of all of its obligations to said solicitor-general for services as solicitor-general. All other provisions and salaries now provided for the other counties in said Southern Judicial Circuit shall be and remain in force and effect as they now exist. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. WITNESS FEES IN COUNTIES HAVING POPULATION OF NOT LESS THAN 45,500 AND NOT MORE THAN 47,000 PERSONS. Code 38-1501 Amended. No. 422 (House Bill No. 186). An Act to amend Code section 38-1501, pertaining to the attendance of witnesses and the fees therefor, as amended, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this State or attending any grand jury, in certain counties and in certain cases; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 38-1501, pertaining to the attendance of witnesses and the fees therefor, as amended, is hereby amended by adding at the end thereof the following: Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of not less than 45,500 or more than 47,000 according to the United States census of 1960 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $4 per day for such attendance. The claim for such witness fees shall be endorsed and certified in the same manner as hereinbefore set out and subject to the same restrictions and requirements. so that when so amended, section 38-1501 shall read as follows: 38-1501 . When the attendance of any person resident in the county shall be required as a witness in any court, the clerk of such court (or, if there be no clerk, the presiding judge or justice) shall, no application, issue a writ of subpoena, directed to such person, requiring him to appear and testify in the case stated, and at the time stated, such subpoena shall be served on the witness personally by any person capable of proving the same at least one day before the trial of the cause. The witness so summoned shall attend the court from term to term until the case is tried. If there be an appeal or new trial, notice of the fact, without a new subpoena, shall be sufficient to require the attendance of the witness. The witness fee shall be 75 cents per diem; provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or

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county court having jurisdiction to enforce penal laws of this State, or grand jury, in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of four ($4.00) dollars per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor-general or the solicitor of the court attended, and the amount due shall be paid out of county funds; provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day. Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of not less than 110,000 or more than 300,000 according to the United States census of 1950 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $3 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor-general or the solicitor of the court attended and the sheriff or chief of police shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid out of county funds:

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Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day. Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State, juvenile court, or grand jury in counties having a population of not less than 115,000 or more than 200,000 according to the United States census of 1950 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $3.00 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the judge, the solicitor general or the solicitor of the court attended, and the sheriff or chief of police shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid out of county funds: Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day. Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of not less than 45,500 or more than 47,000 according to the United States census of 1960 or any future census, as a witness in behalf of the State during any hours except the regular

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duty hours to which said officer is assigned, shall be paid the sum of $4 per day for such attendance. The claim for such witness fees shall be endorsed and certified in the same manner as hereinbefore set out and subject to the same restrictions and requirements. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. REAL ESTATE BROKERS AND SALESMENLICENSES. Code 84-1411, 84-1412 Amended. No. 427 (House Bill No. 270). An Act to amend Code section 84-1411, relating to the renewal of real estate licenses, and Code section 84-1412, relating to the form of real estate licenses, the pocket card, and the change of address of the licentiate, so as to provide that the renewal license issued each year shall be in the form of a pocket card; to provide that no new license need be issued by the Commission when notice is given to the Commission of a change in business location; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-1411, relating to the renewal of real estate licenses, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following: 84-1411 . Any license granted under the provisions of this Chapter may be renewed by the Real Estate Commission upon application thereof by the holder thereof in such form as the Commission may prescribe, upon the payment

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of the annual fee for such license. The license, as renewed, shall be in the form of a pocket card. Said pocket card shall state that it shall be the official license for the particular year for which it was issued. Said pocket card shall also contain the name and address of the employer, and shall certify the person whose name appears thereon as a real estate salesman or broker, as the case may be. The matter to be printed on such card shall be prescribed by the Commission. The Commission may dispense with such requirements of the statements provided for in Code section 84-1410 as it deems them unnecessary in view of those contained in the original application for license. Forms of licenses. Section 2. Code section 84-1412, relating to the form of licenses, the pocket card, and the change of address of the licentiate, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following: 84-1412 . The Real Estate Commission shall issue to each new licensee a license in such form and size as shall be prescribed by the Commission. This license shall show the name and address of the licensee, and in case of a real estate salesman the license shall show the name of the real estate broker by whom he is employed. Each license shall have imprinted thereon the seal of the Commission, and, in addition to the foregoing, shall contain such matter as shall be prescribed by the Commission. The license of each real estate salesman shall be delivered or mailed to the real estate broker by whom such real estate salesman is employed and shall be kept in the custody and control of such broker. It shall be the duty of such real estate broker to conspicuously display the license in his place of business. Notice in writing shall be given to the Commission by each licensee of any change in principal business location. A change of business location without notification to the Commission shall automatically cancel the license theretofore issued. The Commission shall also issue to each new licensee a pocket card for the particular year in which his license was granted. This pocket card

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shall be of the same form and shall contain the same statements, names, addresses, and certifications as prescribed for the pocket card renewal licenses in Code section 84-1411. Same, requirements. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. PRISONERSFEEDING, EXPENSE IN COUNTIES OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 POPULATION. Code 24-2823, 77-103 Amended. No. 428 (House Bill No. 301). An Act to amend an Act approved February 13, 1952 (Ga. L. 1952, p. 118, et. seq.) entitled An Act to amend sections 24-2823 and 77-103 of the Code of Georgia of 1933 so as to provide that in all counties in the State of Georgia having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, the commissioner of roads and revenues or other governing authority of such counties shall pay the actual cost of feeding prisoners in lieu of paying fees to the sheriff or his appointed jailer for dieting such prisoners; to provide a method for determining such costs and payment; so as to delete the figures and language, 120,000 and not more than 145,000 according to the 1950 United States census and inserting in lieu thereof the following figures and language, 250,000 and not more than 500,000 according to the 1960 United States census, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same:

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Section 1. That from and after the passage and approval of this Act an Act approved February 13, 1952 (Ga. L. 1952, p. 118, et. seq.) entitled An Act to amend sections 24-2823 and 77-103 of the Code of Georgia of 1933 so as to provide that in all counties in the State of Georgia having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, the commissioner of roads and revenues or other governing authority of such counties shall pay the actual cost of feeding prisoners in lieu of paying fees to the sheriff or his appointed jailer for dieting such prisoners; to provide a method for determining such costs and payment, be, and the same is hereby, amended by deleting from the Act and the caption thereof the following language and figures, wherever the same shall appear, 120,000 and not more than 145,000 according to the 1950 United States census and inserting in lieu thereof the language and figures, 250,000 and not more than 500,000 according to the 1960 United States census so that said Act, as amended, shall be applicable in counties having a population of not less than 250,000 and not more than 500,000 according to the 1960 United States census or any future United States census. Counties where 1952 amendment applicable. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961. ACT REGULATING MANUFACTURE, SALE, ETC. OF MILK AND MILK PRODUCTS. Code Chapter 42-6, Code 42-9914 Repealed. No. 437 (House Bill No. 670). An Act to regulate the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, to provide procedures connected therewith; to define terms; to provide sanitary requirements

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under which milk and milk products must be produced, handled and distributed; to provide for standard; to provide for labeling and the approval and enforcement thereof; to prohibit the sale of milk or milk products unless the label thereon has been approved by the Commissioner of Agriculture; to authorize counties and municipalities to adopt and enforce health and sanitary standards for milk and milk products sold within their limits; to provide limitations thereon; to provide that the standards set forth in the United States Public Health Ordinance Code shall be of force and effect unless higher standards are adopted; to prohibit the sale of milk and milk products failing to meet the requirements of this Act and the Rules and Regulations promulgated hereunder; to provide for the enforcement hereof and the procedures connected therewith; to provide penalties for violation; to provide for inspections and the cost thereof; to prohibit the shipment into this State of any milk or milk products that do not comply with the requirement of milk and milk products produced in this State; to provide for administrative remedies and procedures connected therewith; to provide for judicial review and procedures connected therewith; to provide for rules and regulations and procedures connected therewith; to repeal an Act approved Feb. 15, 1950 (Ga. L. 1950, p. 167), as amended, governing and regulating the sale, inspection, importation and distribution of fluid milk for human consumption; to repeal Code Chapter 42-6, relating to milk powder; to repeal Code section 42-9914, providing the punishment for violating Code Chapter 42-6; to amend an Act regulating bottlers of soft drinks approved March 9, 1956 (Ga. L. 1956, p. 611); to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions . (a) Raw cows milk is the clean lacteal secretion, free from colostrum, obtained by the complete milking of one or more cows containing not less than eight and one-quarter per-cent (8.25%) milk

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solids, not fat, and not less than three and one-quarter percent (3.25%) milk fat. (b) Grade A whole milk is the clean lacteal secretion, free from colostrum, obtained (1) by the complete milking of one or more healthy cows which have been periodically tested and found to be free from tuberculosis, brucellosis, and other disease, and that are adequately housed, watered and fed under sanitary conditions as prescribed by regulation; (2) by a milking, producing, and handling operation on the part of the producer conducted under sanitary conditions and with such sanitary facilities and methods and personnel as prescribed by regulation; and (3) by a distribution and handling operation conducted under sanitary conditions and in such manner as to maintain the grade and standard at all times, so that the said secretion contains not less than eight and one-quarter per cent (8.25%) milk solids, not fat, and not less than three and one-quarter per cent (3.25%) of milk fat, containing not in excess of 200,000 bacteria per milliliter in the raw state as delivered by the producer. (c) Grade A milk, pasteurized is Grade A whole milk containing not in excess of 30,000 bacteria per milliliter, after pasteurization by such method as prescribed by regulation and pasteurized in plants holding a valid Grade A permit and licensed under the laws of this State. (d) Sanitary requirements under which Grade A raw whole milk, Grade A pasteurized whole milk, and other grades of milk and milk products must be produced shall be as prescribed by rules and regulations promulgated by the Commissioner. Such regulations shall (1) provide the minimum requirements under which the cows must be tested, examined, and inspected to be found free of disease; (2) provide the minimum requirements regarding the construction, drainage, and sanitary surroundings of the milking barn, milk house, and other handling premises; (3) provide the minimum requirements regarding the construction and sanitary maintenance

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of the utensils used in milking barns, other handling premises, and distributing plants, and the sterilizing and sanitary agents used in cleaning such utensils; (4) provide the minimum requirements as to facilities and maintenances of such facilities for prompt cooling and storing of milk; (5) provide the minimum requirements as to the health and cleanliness of attendants in milking barns and houses; (6) provide the label requirements in accordance with the laws of this State; (7) provide the minimum requirements as to the sanitary methods of handling and distributing milk and milk products and (8) may provide such other reasonable regulations and requirements adequate to protect the consuming public against the contamination of such milk and milk products, provided that no rules and regulations shall be promulgated setting up standards lower than those as set forth in the United States Public Health Ordinance Code. In the absence of regulations adopting standards higher than those set forth in the United States Public Health Ordinance Code, the standards prescribed thereby shall be the standards of force and effect. (e) Commissioner means Commissioner of Agriculture of the State of Georgia. (f) Department means Department of Agriculture of the State of Georgia. Section 2. The Commissioner shall define Grade A skim milk (raw or pasteurized), Grade A cream (raw or pasteurized), Grade A buttermilk (raw or pasteurized), Grade A chocolate milk (raw or pasteurized), Grade A modified solids milk (raw or pasteurized), and other Grade A milk, milk products and milk beverages. The Commissioner shall define and set standards for all milk and milk products. Definitions by Commissioner. Section 3. Raw whole milk for manufacturing purposes is hereby defined to mean that fluid whole milk in its natural state from healthy cows, as defined in this Act, but which has not been produced and handled in compliance with the requirements for Grade A milk. Raw whole milk.

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Section 4. Manufactured milk products are hereby defined to mean those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize as far as is possible any contaminated matter contained in such raw milk from which such products were manufactured under such rules and regulations as may be prescribed to insure such result. Manufactured milk products. Section 5. Ungraded milk is hereby defined to mean all fluid whole milk in its natural state failing to meet the requirements of Grade A or raw whole milk for manufacturing purposes as defined in this Act. The sale, offer for sale, delivery of ungraded milk is hereby prohibited. Ungraded milk. Section 6. (a) Milk and milk products in compliance with the standards established by the Commissioner and in compliance with the provisions of this Act and the rules and regulations prescribed hereunder, may be sold, offered for sale, or delivered to the consuming public for the purpose of human consumption provided the container in which the milk or milk product is sold, offered for sale or delivered has affixed thereto or printed thereon labels approved by the Commissioner. No milk or milk product may be sold, offered for sale or delivered for the purpose of human consumption that is not in compliance with the provisions of this Act or the standards or rules and regulations prescribed hereunder. Labels. (b) The Commissioner is hereby vested with the responsibility, duty and authority to promulgate rules and regulations to provide for the labeling of milk and milk products in such manner so as to indicate that the milk or milk product complies with the provisions of this Act and the rules and regulations promulgated hereunder. Rules. Section 7. No raw whole milk for manufacturing purposes may be offered for sale in this State for any purpose save only to processors and manufacturers properly licensed and inspected to process and manufacture manufactured milk products. Raw milk.

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Section 8. Any milk or milk product shipped into Georgia, or produced, processed, or delivered in Georgia, in violation of the laws of this State or the rules and regulations promulgated by the Commissioner pursuant thereto, shall be condemned by the Commissioner and rendered unfit for marketing by the addition of a Pyoktanin solution or other approved harmless coloring matter to put the consuming public on notice that such milk or product made therefrom is ungraded and unfit for human consumption. Ungraded milk, coloring. Section 9. The Commissioner is charged with the responsibility of enforcing the provisions of this Act, and shall be authorized and empowered to make all reasonable rules and regulations with uniform application which are necessary and proper to enforce the purpose and intention of this Act. Commissioner. Section 10. Each municipality, city, and county of this State, by and through its County Board of Health, shall have the power and authority, by ordinance or regulation, to provide health and sanitation standards concerning all milk and milk products sold or offered for sale within its limits, provided such standards are equal to or higher than those prescribed under the provisions of this Act. Each such municipality, city, and county of this State, by and through its County Board of Health, shall have the power and authority to issue a permit or license to any person, firm, or corporation doing business within its limits and shall have the power and authority to deny, revoke, or cancel such permit or license, after notice and hearing, when the person, firm, or corporation is found to be in violation of any of the standards prescribed thereby. Regulations of County Boards of Health, in compliance with the provisions of this Act, are hereby ratified and confirmed, and shall remain of force and effect until amended or repealed by action of the County Board of Health concerned. Nothing contained herein shall be construed to prohibit the Commissioner from enforcing the provisions of this Act, the standards established hereunder, or the rules and regulations issued hereunder, in such city, county, or municipality. Ordinances.

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Section 11. No person, firm, or corporation producing, handling, processing, manufacturing, or dealing in milk or milk products which produces, receives, distributes, or in any manner handles Grade A raw whole milk, Grade A pasteurized whole milk, Grade A milk products, as defined by this Act and the rules and regulations promulgated hereunder, shall receive, store, handle, distribute, or otherwise allow milk for manufacturing purposes to be introduced upon the premises wherein such operations are conducted. Provided, however, that the prohibition contained herein shall not be applicable wherein separate systems and other facilities are provided so as to maintain the separation and identity of the various grades and types of milk. It is the intent and purpose of this section to prohibit the intermingling of Grade A milk products with milk products other than Grade A. At all times, such persons, firm or corporation shall be subject to inspection by the Commissioner and shall hold a Grade A permit, issued by the Commissioner, to deal in Grade A milk and Grade A milk products, and shall conduct such business pursuant to the laws of this State and the rules and regulations of the Commissioner made thereunder to the end that milk and milk products shall be handled only in the manner provided for in this Act and that the inferior quality not be foisted off on the consuming public for the superior. Prohibitions. (b) No person, firm, or corporation producing, handling, processing, manufacturing or dealing in milk or milk products which produces, receives, distributes, or in any manner handles milk or milk products for manufacturing purposes shall introduce any Grade A raw whole milk, Grade A pasteurized milk, or Grade A milk products for other than manufacturing purposes upon the premises wherein such manufactured milk products operations are conducted. (c) If, from inspections made or appropriate tests conducted, it is determined by the Commissioner that any law, rule or regulation has been violated, or from tests made, he has reason to believe that such milk or milk

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products as hereinabove enumerated are dangerous for human consumption, the Commissioner, after notice, is authorized to place one or more inspectors on such premises upon a 24-hour basis for such a period of time as he deems necessary to satisfy himself that the laws and rules and regulations are being complied with. The cost of such inspection, to be fixed by the Commissioner, at not to exceed $25.00 per inspector per day, shall be paid by such person, firm or corporation to the Commissioner as a condition to the continued validity of the permit or the license under which said business is operated. The inspection charges provided herein may be terminated by a request to the Commissioner for a hearing within two (2) days subsequent to a charge of violation or the placing of the inspectors in the plant. Subsequent to such request the inspection charges shall be terminated. Upon hearing, and for cause shown the Commissioner is authorized to impose the cost of inspection as a part of the penalty imposed. Nothing herein contained shall be construed to prohibit the Commissioner from revoking or cancelling any permit or license of any person, firm or corporation doing business in this State who violates any of the provisions of the laws of this State or the regulations made pursuant thereto. Inspectors. (d) At all times such person, firm or corporation shall be subject to inspection by the Commissioner and shall hold a manufacturing permit, issued by the Commissioner to deal in manufactured milk products and shall conduct such business pursuant to the laws of this State and the rules and regulations of the Commissioner made thereunder to the end that grades of milk shall be handled only in the manner provided for in this Act and that the inferior quality not be foisted off on the consuming public for the superior. (e) The enforcement methods authorized by this Act shall be cumulative of those provided otherwise by law and the same are not superseded by this Act. Intent. (f) The Commissioner shall be charged with the enforcement

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of this Act which is cumulative of his other powers and duties under other Acts dealing with milk, food and food products and he shall have the power and authority in connection with this and other Acts dealing with milk, food, or food products to revoke or cancel the permit or license of any person, firm or corporation doing business in this State who violates any of the provisions of the laws of this State or the rules and regulations made pursuant thereto. Duties of Commissioner. (g) Any person, firm or corporation subject to this Act and the other milk laws of this State who violates any of said Acts or the valid rules and regulations made thereunder may be enjoined from such continued violation. The Commissioner is authorized to apply for, and for cause shown the Superior Court having jurisdiction of the defendant in any such action may grant, injunctive relief, by interlocutory injunction, permanent injunction, or temporary restraining order as the circumstances may warrant. Such a proceeding may be maintained notwithstanding the pendency of any civil action and notwithstanding the pendency of or conviction of a criminal proceeding arising from the same transaction. Such action may be maintained without bond. The purpose of this subsection is to create a statutory cause of action by way of injunction and the Commissioner is authorized to bring such proceedings in the same form and manner and in the same court as other equitable proceedings may be brought. This remedy is not exclusive but cumulative of other remedies afforded for the protection of the consuming public from having foisted on it an unwholesome product or a product which is an economic fraud upon the consuming public. Violations. Section 12. No milk, milk product, or processed milk product shall be shipped into Georgia from any other State for human consumption unless such milk or milk product is produced and handled under sanitary conditions no less adequate in the protection of public health and welfare than milk and milk products are produced, handled, and marketed in Georgia, and not then until authorization

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for the shipping of such milk or milk product has been issued by the Commissioner after careful investigation. Any applicant desiring to ship milk or milk products into the State of Georgia shall: Imported products. (a) Furnish certified copies of all laws, rules and regulations pertaining to the sanitary standards for the product which he wishes to bring into Georgia in force in the area where such product is produced, processed, handled, and sold, together with certified copies of any and all licenses, permits, certificates, test results, and inspection reports pertaining to the production, processing, marketing, handling and sale of such dairy products. If the Commissioner shall find that such product is produced, processed, marketed and handled in a manner no less adequate than the same is produced, processed, marketed and handled in this State, he may authorize the shipping of such product into this State. If such applicant is unable to comply with the provisions of this paragraph he may request an inspection under the provisions of paragraph (b) of this section. (b) The Commissioner shall, upon application from any person having control over such product who desires authorization to ship such product into Georgia, upon the payment by such person of the amount of actual expense necessary to make an inspection cause an inspection to be made. If, upon inspection, the requirements of this Act and the rules and regulations hereunder are found to be met the Commissioner shall authorize the shipment thereof. Section 13. (a) Prior to the adoption or change of any rule or regulation, the Commissioner shall publish and circulate notice of the proposed promulgation or change and afford interested persons opportunity to be heard and submit data and views, orally or in writing. (b) Any interested person may petition the Commissioner requesting the promulgation, amendment or repeal of any rule. Rules.

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(c) Any person with a real and substantial interest who is affected by a rule or regulation of the Commissioner, who believes that the Commissioner, in the promulgation or enforcement of such rule, has exceeded the power and authority vested in him by the Legislature, under the Constitution of Georgia or of the United States, shall have the right to petition the Commissioner for the repeal or revision or alteration of such rule by pointing out in what respect and for what reasons he contends the rule to be unlawful or unconstitutional. The Commissioner is required to consider every such petition and afford the petitioner an opportunity to be heard, and after argument, the Commissioner shall determine the merits of the petition. If the Commissioner decides in whole or in part in favor of the petitioner, the Commissioner shall take corrective measures to give the petitioner relief in every respect from any unlawful or unconstitutional rule or regulation. The foregoing is expressly made an administrative remedy, and every person affected by any rule or regulation or any Act of the Commissioner is required to exhaust this remedy before taking any other steps. (d) All hearings before the Commissioner shall be stenographically reported by a qualified court reporter, and copies thereof shall be available to any interested party upon payment of the stenographic costs. Section 14. All rules and regulations issued or fixed by the Commissioner under the terms of this Act shall be of uniform application throughout the State. Same. Section 15. The Commissioner may, after notice and a hearing, suspend or revoke any license or permit issued by him for any violation of or failure to comply with any provision of this Act or the rules and regulations made thereunder. Enforcement. Section 16. (a) (1) Any person aggrieved by a final decision or determination in any manner in which a hearing is required by this Act or by the State or Federal Constitution is entitled to judicial review thereof, provided

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that the judicial review thereof herein afforded shall be exclusive judicial remedy for review of such decision or determination. Review. (2) Proceedings for review shall be instituted by filling a petition in the Superior Court of Fulton County, Georgia, within thirty (30) days after service of the final decision or determination of the Commissioner. Copies of the petition shall be served upon the Commissioner and all other parties of record. The court in its discretion may permit other interested persons to intervene. (3) The filing of the petition shall not stay enforcement of the Commissioner's decision; but the Commissioner may do so, or the reviewing court may order a stay upon such terms as it deems proper. (4) Within thirty (30) days after service of the petition, or within such further time as the court may allow, the Commissioner shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review; but, by stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record when deemed desirable. (5) If, before the date set for hearing, application is made to the court for leave to present additional evidence to the issues in the case, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceedings before the Commissioner, the court may order that the additional evidence be taken before the Commissioner upon such conditions as the court deems proper. The Commissioner may modify his findings and decision by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modification or new findings or decision.

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(b) (1) The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the Commissioner, not shown in the record, testimony thereon may be taken in court. The court shall, upon request, hear oral argument and receive written briefs. (2) The court may affirm the decision of the Commissioner or remand the case for further proceedings before the Commissioner; or it may reverse or modify the decision to compel action unlawfully withheld, if the substantial rights of the petitioner may have been prejudiced because the administrative findings, conclusions, or decisions are: (a) in violation of constitutional provisions; or (b) in excess of the statutory authority or jurisdiction of the Commissioner, or affected by other error of law; or (c) made upon unlawful procedure; or (d) unsupported by substantial evidence in view of the entire record as submitted; or (e) arbitrary or capricious. (3) Upon such review due weight shall be accorded the special technical competency, and specialized knowledge of the Commissioner and his staff, as well as discretionary authority conferred upon it. (c) An aggrieved party may secure a review of any final judgment of the superior court under this Act by writ of error to the appropriate appellate court. Such writ of error shall be taken in the manner provided by law for writ of error from the superior court. Section 17. An Act approved February 15, 1950 (Ga. L. 1950, p. 157) as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 604) governing and regulating the sale, inspection, importation and distribution of fluid

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milk for human consumption is hereby repealed in its entirety. Prior Acts repealed. Section 18. Code Chapter 42-6, relating to milk powder and the sale and distribution of milk containing milk powder is hereby repealed in its entirety. Code Chapter 42-6 repealed. Section 19. Code Section 42-9914 providing the punishment for violation of Code Chapter 42-6 is hereby repealed in its entirety. Code 42-9914 repealed. Section 20. An Act approved March 9, 1956 (Ga. L. 1956, p. 611) providing for the licenses of manufacturers, bottlers and distributors of bottled soft drinks and soft drink syrup is hereby amended by striking section 9 in its entirety. Section of 1956 Act repealed. Section 21. Any dairy, milk processing plant, milk distributing plant or other dairy processing plant licensed under other laws of this State shall not be required to obtain a license hereunder but shall be subject to the provisions of this Act and the rules and regulations promulgated hereunder in addition to being subject to the Act under which the license was obtained. Application of Act. Section 22. Any person who shall violate any provision of this Act or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Crimes. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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GAME AND FISHBIG GAME DEFINED. No. 455 (House Bill No. 178). An Act to amend an Act relating to the Game and Fish Commission and to game and fish approved March 7, 1955 (Ga. L. 1955, p. 483), as amended particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 974), so as to clarify the definition of big game; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the Game and Fish Commission and to game and fish approved March 7, 1955 (Ga. L. 1955, p. 483), as amended particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 974), is hereby amended by striking from section 2 (f) the word hog wherever it may appear and inserting in lieu thereof the word boar, so that section 2 (f) as amended will read as follows: Section 2. (f) `Big Game' shall mean turkey, deer, bear and wild boar. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. CODE 92-4101 THROUGH 92-4104 NOT APPLICABLE TO CITY OF WARWICK. Code 92-4101 Amended. No. 457 (House Bill No. 448). An Act to amend Code section 92-4101, as amended, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Warwick shall not be affected by the provisions of

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Code section 92-4101 through 92-4104; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4101, as amended, relating to the limitation of ad valorem taxation by municipal corporations, is hereby amended by adding the words, nor the City of Warwick, so that when so amended, section 92-4101 shall read as follows: No municipal corporation shall levy or collect for the ordinary current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one per cent upon the value of said property, any charter of said corporation to the contrary notwithstanding: Provided that the provisions of section 92-4101 through 92-4104 shall not apply to the City of Savannah and the City of Augusta or the City Council of Augusta and the Town of Bartow, Cities of Millen, Patterson, Blackshear, Warrenton, Cedartown, and the Town of Bowden, nor the City of Albany, nor the City of East Point, nor the City of Blue Ridge, nor the Town of Flowery Branch, nor the City of Concord, nor the City of Warwick. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia a bill to exempt the City of Warwick from the provisions of section 92-4101 through section 92-4104 which relates to the levying and collecting for ordinary current expenses of municipal corporations an ad valorem tax not exceeding one-half of one per cent and for other purposes.

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This 10th day of January 1961. Respectfully, /s/ David C. Jones, State Representative, Worth County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David C. Jones, who, on oath, deposes and says that he is Representative from Worth County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester (Ga.) Local, which is the official organ of said county, on the following dates: January 12, 19 and 26, 1961. /s/ David C. Jones, Representative, Worth County. Sworn to and subscribed before me this 2nd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961. PROCEDURE FOR THE EXERCISE OF POWER OF EMINENT DOMAIN. No. 461 (House Bill No. 292). An Act to prescribe the procedure for the exercise of the power of eminent domain by the State of Georgia, or any division, department, or branch of the government of the State of Georgia, or any county of such State for

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State-aid public road purposes; to provide for condemnation in rem of private property to public uses, or of any easement or other interests in such property; to provide for a declaration of taking in any proceeding, for the condemnation of private property to a public use, brought under this Act vesting the title and right of possession to the property condemned in the State, or other authorized agency under the provisions of this Act; to provide that, at the time of such taking, and concurrently therewith, the State, or other condemning agency as may be authorized by this Act, shall deposit with the clerk of the superior court of the county, in which the property condemned may be situated, the sum of money estimated by the State, or other condemning agency, to be just and adequate compensation for the property taken, together with just and adequate compensation for the consequential damage to the remaining property of the condemnee by reason of the taking and use of the property condemned for the purposes for which taken; to provide the method by which such sums to be so deposited shall be determined; to provide for an interlocutory hearing on the sufficiency of the amount deposited; to provide for an eventual condemnation money surety bond; to provide for a trial by jury, as to the sufficiency of the amount so deposited, and this issue only, and to provide that both the condemning agency and the condemnee shall be bound by the verdict of the jury, fixing such just and adequate compensation for the property taken, together with consequential damage to the property not taken by reason of the taking and use of the property for the purposes set forth, but with the right of appeal as in other cases; to provide for the payment of interest upon the amount of the final verdict of the jury and judgment of the court; to define the terms used in this Act; to provide for service; to provide that the authority herein conferred and the right to take possession and title in advance of final judgment in condemnation proceedings, as herein provided for shall be in addition to any right, power, or authority conferred by any other statute of this State under which such proceedings may

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be conducted, and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority, but the provisions of this law shall not be limited or restricted by any provision of such other statutes or laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever the State of Georgia, or any division, department, or branch of the government of the State of Georgia, or any county of such State shall desire to take or damage private property for State-aid public road purposes in pursuance of any law so authorizing, and shall find or believe, concerning which the decision of the condemning authority 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 persons unknown or nonresident 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 shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; such State or county may, through any authorized representative, either in term time or vacation, file a proceeding in rem in the superior court of the county having jurisdiction, condemning the same to the use of the petitioner upon the payment of just and adequate compensation therefor to the person or persons entitled to such payment. Proceeding in rem. Section 2. The petition shall set forth the facts showing the right to condemn; the property, or other interests therein, to be taken or damaged; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; shall describe the persons or classes of persons unknown, whose rights therein are to be excluded or otherwise affected; shall set forth such other facts as are necessary for a full

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understanding of the cause and shall pray the judgment of the court in accordance with section 7 herein. If any of the persons referred to, so far as may be known, are minors or under disability, the fact shall be stated. Petition. Section 3. In any proceeding in any court of the State of Georgia instituted under the provisions of this Act for the acquisition of any land or easement or right of way in land for State-aid public road purposes, the petitioner shall file a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the condemnor. Said declaration of taking shall contain or have annexed thereto: Declaration of taking. (1) A statement of the authority under which and the public use for which said lands are taken. (2) A description of the lands taken sufficient for the identification thereof. (3) A statement of the estate or interest in said lands taken for said public use. (4) A plat showing the lands taken. (5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken, including consequential damages to land not taken, accompanied by a sworn copy as an exhibit of the appraiser's report justifying said sum. (6) A certified copy of a resolution by the State Highway Board of Georgia, finding that the circumstances are such that it is necessary to proceed in the particular case under the provisions of this Act, and specifically authorizing condemnation under the provisions of this Act. Upon the filing of said declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation

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stated in said declaration, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the condemnor and said lands shall be deemed to be condemned and taken for the use of the condemnor, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest at the rate of 7 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage. Upon the application of the parties in interest, and not earlier than fifteen days subsequent to the date of the last advertisement in the official newspaper of the county, as provided for in subparagraph 7 of section 5 of this Act, the court shall order that the money deposited in the court be paid forthwith to the parties found to be entitled thereto for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the condemnor for the amount of the deficiency. Upon the filing of a declaration of taking, the court shall have power to fix the time, the same to be not later than sixty days from the date of the filing of the declaration of taking, as herein provided for, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. Section 4. No appeal in any cause under this Act nor

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any bond or undertaking given shall operate to prevent or delay the vesting of title to such lands in the condemnor. Title. Section 5. Upon the filing of the petition and declaration, the same shall be served in the following manner: 1. Where the owner or owners of such property or any person having a claim against or interest in the same, are residents of this State, the petition and declaration shall be served upon such persons personally and, in cases where such persons are residents of this State but not of the county in which such property is located, such service shall be by second original, as in other cases; Procedure. 2. If the owner, or any of the owners, or any person having a claim against or interest in said property, shall be a minor or under any disability whatsoever, such notice shall be served upon his or her personal representative; and, if such personal representative shall be a non-resident of this State, such service shall be made upon the Ordinary of the county in which the property is located, who shall appoint a guardian ad litem to represent such minors or persons under disability in said litigation; 3. If there is no personal representative, such notice shall be served personally upon the minor, where such minor is a resident of this State, and, if such minor be not a resident of the county where the property is located, such service shall be by second original, as is provided by law in other cases, and upon the Ordinary of the county where such property is located, who shall appoint a guardian ad litem to represent such minor in said litigation; 4. If such Ordinary, by reason of interest or other cause, is disqualified, such notice shall be served upon the Clerk of the Superior Court of the county, who shall appoint a guardian ad litem to represent the minor or person under disability; 5. If the property condemned is trust property or property in which remainders have been created, such notice

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shall be served upon the trustee, and also upon such persons as have an interest under the conveyance and who are of age; provided, however, that where any of the persons to be served are not residents of the county, such service shall be by second original, as in other cases; and, where any of such persons are not residents of the State, such service shall be made by enclosing a copy of the petition and declaration in an envelope properly addressed to such person, and depositing in the United States Registered Mail, with return receipt requested, and the certificate of the person causing such service shall be sufficient evidence of the same and shall become a part of the record in said matter; 6. A copy of said petition and declaration shall be served upon the tax collecting authority of any county or municipality in which such property may be located, who shall make known in writing the taxes due on the property, and the Court shall give such direction as will satisfy the same and discharge the lien thereon; 7. In all instances, and in addition to the service hereinbefore provided for, the condemnor shall, at the time of filing the petition and declaration of taking, cause a copy of such proceedings to be posted on the bulletin board at the courthouse; and, in addition thereto, such advertisement shall be published in the official newspaper of the county in which such property is located, which notice shall describe the property taken, so as to identify the same, and shall give the name or names of the owners of such property or persons having an interest in or claims against such property, so far as the same may be known, and such notice shall be published in said newspaper once each week for four weeks subsequent to the filing of such petition and declaration; 8. If the owner, or any of the owners, or any person having a claim against or interest in said property, shall be a nonresident of this State service upon such person or persons shall be deemed to have been perfected when the provisions of this Act, as set forth in subparagraphs 2, 3,

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4, 5, 6, and 7, supra, have been complied with; and, provided, that in all instances, if the address of such nonresident be known, a copy of such petition and declaration shall be sent to such person by United States Registered Mail, with return receipt requested, and the certificate of the person causing such service shall be sufficient evidence of the same and shall become a part of the record in said matter. Provided, however, that, this being a proceeding in rem, no provision as to service shall be so construed as to invalidate the intent of the condemnor, or as to delay the taking of the property described in the Declaration of Taking and in the petition, nor, in any manner, to delay the progress of the work for which the taking was made; and a substantial compliance with the provisions for service, as heretofore set out, shall be deemed sufficient; and, provided further, that, at any stage of the cause before final verdict and judgment, the Judge of the Superior Court may order such additional service to be made, additional parties to be named, as may be required by equity and justice; but this shall not be so construed as to invalidate the taking or delay the progress of the work. Section 6. No provision contained in this Act in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known his right or claims in the property or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict and be fully heard thereon. If any person, at any time during the pendency of such proceeding, shall desire to come in and be heard on any claim to the fund or interest therein, he shall be allowed to do so. After the declaration of taking and the payment of the fund into the registry of the court, as provided for in Section 3 of this Act, the petitioner shall not be concerned with or affected by any subsequent proceedings, except as to the appeal and interlocutory petition herein provided for and, concerning

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which, the sole issue shall be as to the amount of just and adequate compensation. Intent. Section 7. No judgment of any court, nor order or ruling of the judge thereof, shall be necessary to give effect to the declaration of taking provided for in section 3 of this Act but the same shall be self-executing. If no appeal is filed, as hereinbefore provided for, the condemnor shall, at the next term of the superior court convening not earlier than fifteen days subsequent to the date of the last advertisement in the official newspaper of the county, as provided for in subparagraph 7 of section 5 of this Act, or at any time thereafter, pay all accrued court costs in said case to the clerk of the Superior Court in which the same is pending; at which time, the judge of the Superior Court shall enter up judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum has been withdrawn from the court by such condemnee, as provided for in section 3 of this Act, the clerk of the Superior Court shall mark such judgment satisfied; and, if the condemnee has not withdrawn such sum, the said clerk shall immediately apply the same to the payment of such judgment and either transmit the same to such condemnee or cause him to be notified that he holds the same subject to his demand. Declaration of taking, appeals. Where there has been an appeal to a jury, and a verdict has been had, the court shall, in instances where no motion for new trial is filed or bill of exceptions taken, within the time provided for by law, or where such verdict has been affirmed by a proper appellate court and the remittitur from such court has been made the judgment of the superior court, enter up judgment in favor of the condemnee and against the condemnor in the amount of such verdict, together with the accrued court costs, which judgment shall be immediately credited with the sum of money deposited by the condemnor with the declaration of taking, and which shall bear interest at the rate of 7 per centum per annum upon any increase from the amount so deposited; and, upon the failure or refusal of the condemnor

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to immediately deposit such increase in such sum into the registry of the court, as well as the accrued court costs, it shall be the duty of said clerk to issue execution therefor. In any event, the case shall be transferred, under the conditions heretofore set out, to the closed docket; nor shall anything herein provided for be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking provided for in section 3 of this Act. Section 8. All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the appeal, if any, may be passed on by the presiding judge, who may, from time to time, in term or vacation, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court. Questions of law. Section 9. If the owner or owners, or any persons having a claim against or interest in said property, shall be dissatisfied with the amount of the estimated compensation stated in the declaration of taking and deposited in court pursuant to section 3 of this Act, such person or persons, or any of them, having filed in court their notice of appeal as provided in section 10 of this Act, may at any time before trial of the issue formed on such appeal and a jury verdict thereon, file in the case a petition for an interlocutory hearing on the issue whether the amount deposited in court as just and adequate compensation is sufficient. Said petition shall be served as may be directed by the court. Interlocutory hearing. Such interlocutory petition shall be verified, and shall state the amount which is claimed by the petitioner to represent just and adequate compensation, together with the facts upon which the claim is based. Upon the presentation of the interlocutory petition to the judge of the

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court in which the case is pending, the case shall be referred to a special master appointed under the provisions of Georgia Laws 1957, pp. 387, et seq. The special master shall determine from the declaration of taking and the sworn exhibit thereto, the verified interlocutory petition, and personal inspection of the property, whether the condemnor should be required to deposit any additional amount as estimated compensation, and shall within 10 days of the date of reference to him make an interlocutory award based upon such determination. Upon approval of such interlocutory award by the court, and service of a copy upon the condemnor, as may be directed by the court, the condemnor shall within 15 days pay into court any additional amount required to be paid by the interlocutory award. Upon the application of the party or parties in interest, at any time before a jury verdict on the appeal, the court shall order that the additional money deposited in court be paid forthwith to the parties found to be entitled thereto, provided, however, that any party or parties receiving any payment of any amount paid into court pursuant to an interlocutory award shall, before receiving such payment, file in the case a bond in double the amount of such payment conditioned for the repayment of any amount so received by such party which may be in excess of the amount awarded by the jury upon the trial of the appeal. Such bond shall be executed by a surety company authorized to do business in this State and, in the event the amount awarded by the jury on final trial of the appeal shall be less than the total amount paid into court by the condemnor, judgment may be entered against the principal and surety on said bond for the amount by which the total amount paid into court exceeds the amount awarded by the jury, such judgment not, however, to exceed the additional amount paid into court under the interlocutory award. The special master shall be compensated as provided in Georgia Laws 1957, pp. 387, et seq. The interlocutory award provided for in this section

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shall not be subject to exceptions to any higher court, and shall not be vacated or modified after 10 days. Section 10. If the owner, or any of the owners, or any person having a claim against or interest in said property, shall be dissatisfied with the compensation, as estimated in the declaration of taking and deposited in court, all as provided for in section 3 of this Act, such person or persons, or any of them shall have the right, at any time subsequent to the deposit of the fund into court but not later than fifteen days following the date of the last advertisement of the cause in the official newspaper of the county, as provided for in subparagraph 7 of section 5 of this Act, to file with the court a notice of appeal, the same to be in writing and made a part of the record in the proceedings. Upon the filing of such notice of appeal, it shall be the duty of the court at the next term thereof which shall convene not earlier than thirty days subsequent to the date of the last advertisement of such cause in such official newspaper, as provided for in subparagraph 7 of section 5 of this Act, to cause an issue to be made and tried by a jury as to the value of the property taken and the consequential damages to property not taken, with the same right to move for a new trial and file a bill of exceptions as in other cases at law. When such an appeal has been filed, all subsequent proceedings thereon shall have the nature of a de novo investigation with the right of either party, under the rules of evidence as provided for in the general laws of this State, to introduce evidence concerning the fair market value of the property taken, together with the consequential damage to the remaining property by reason of the taking and use of the property for the purposes for which taken, as well as the consequential benefits accruing to such remaining property by reason of such taking and use. In such event, the verdict of the jury shall have respect to the lands described in the declaration of taking, as set forth in section 3 of this Act, or such interest therein as may be described in said declaration, or to any separate claim against the property or interest therein, as may be ordered, and may be moulded under the direction of the court so as to do complete justice

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and avoid confusion of interests. The court shall give such direction as to the disposition of the fund as shall be proper, according to the rights of the several respondents, causing such proceedings to be filed and such issues made up as shall be appropriate for ascertaining and determination of such rights. Appeals. Section 11. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. GEORGIA DRUG AND COSMETIC ACT. Code 42-102, 42-103, 42-113 Amended. Code 42-107, 42-108, 42-109, 42-110, 42-114, 42-115, 42-9901 Repealed. No. 464 (House Bill No. 67). An Act to be known as the Georgia Drug and Cosmetic Act; to safeguard the public health and promote the public welfare by protecting the consuming public from injury by product use and the purchasing public from injury by merchandising deceit, flowing from intrastate commerce in drugs, devices and cosmetics; to provide legislation which will be uniform and administered so far as practicable in conformity with the provisions of and regulations issued under the authority of the federal food, drug and cosmetic Act as said Federal Act relates to drugs and cosmetics; to regulate the manufacture, sale, delivery and the holding or offering for sale of drugs and cosmetics; to prohibit the manufacture, sale, delivery or the holding or offering for sale of any adulterated or misbranded drugs or cosmetics; to prohibit the adulteration or misbranding of drugs and cosmetics in a manufacturing process; to prohibit false advertising; to provide for the identification

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of adulterated or misbranded drugs and cosmetics; to provide for the destruction of adulterated or misbranded drugs and cosmetics; to provide rules and regulations; to provide for enforcement, to provide for standards and specifications; to define adulterated or misbranded drugs and cosmetics; to provide for reports; to define terms; to amend Code Chapter 42-1, relating to food and drug inspectors, as amended, so as to increase the powers and duties of the chief drug inspector; to provide for the proceedings to be had on the inspector's report; to repeal Code section 42-107, relating to the definition of the term drug, as amended; to repeal Code section 42-108, relating to the definition of the terms party and person, as amended; to repeal Code section 42-109, relating to the definition of adulterated articles, as amended; to repeal Code section 42-110, relating to definition of the term misbranded, as amended; to provide for the examination of specimens of drugs and cosmetics, and the making of a report thereon; to repeal Code section 42-114, relating to the seizure and condemnation of adulterated or misbranded articles of food, drugs, or liquor, as amended; to repeal Code section 42-115, relating to dealers protected by guarantees of manufacturers and others, as amended; to repeal Code section 42-9901, relating to punishment for dealing in adulterated or misbranded items, as amended; to provide for an effective date; to provide that this Act shall be cumulative and supplemental to all other laws relating to food and drugs; to provide for appeal from any final ruling of the Board of Pharmacy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Georgia Drug and Cosmetic Act. Short title. Section 2. For the purpose of this Act the following terms shall be given the indicated meaning unless the context clearly denotes a different meaning:

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(a) The term board means the State Board of Pharmacy of the State of Georgia. Definitions. (b) The term person includes individuals, partnership, corporation, company and association. (c) The term drug means (1) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement of any of them; (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man; (3) articles (other than food) intended to affect the structure or any function of the body of man; (4) articles intended for use as a component of any article specified in clause (1), (2), or (3), but does not include devices or their components, parts or accessories. (d) The term device (except when used in paragraph (j) of this section and sections 3 (j), 10 (c) and 13 (c)), means instruments, apparatus and contrivances, including their components, parts and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man; or (2) to affect the structure of any function of the body of man. (e) The term cosmetic means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. (f) The term official compendium means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them. (g) The term label means a display of written, printed or graphic matter upon the immediate container

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of any article; and a requirement made by or under authority of this Chapter that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. (h) The term immediate container does not include package liners. (i) The term labeling means all labels and other written, printed, or graphic matters (1) upon an article or any of its containers or wrappers, or (2) accompanying such article. (j) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. (k) The term advertisement means all representations dissimulated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of drugs, devices or cosmetics. (l) The representation of a drug, in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the

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case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body. (m) The term new drug means (1) any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended or suggested in the labeling thereof; or (2) any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions. (n) The term contaminated with filth applies to any drug, device or cosmetic not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contamination. (o) The provisions of this chapter regarding the selling of drugs, devices, or cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any drug or cosmetic establishment. (p) The term federal act means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.). Section. 3. The following acts and the causing thereof within the State of Georgia are prohibited: (a) The manufacture, sale or delivery, holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded. Crimes.

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(b) The adulteration or misbranding of any drug, device, or cosmetic. (c) The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. (d) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 11. (e) The dissemination of any false advertisement. (f) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section 16. (g) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of Georgia from whom he received in good faith the drug, device or cosmetic. (h) The removal or disposal of a detained or embargoed article in violation of section 6. (i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act, with respect to a drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded. (j) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter. (k) The using, on the labeling of any drug or in any advertisement relating to such drug, of any representation

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or suggestion that an application with respect to such drug is effective under Sec. 11, or that such drug complies with the provisions of such section. Section 4. In addition to the remedies hereinafter provided, the Georgia State Board of Pharmacy is hereby authorized to apply to the Superior Court of the county where the violation occurs, or is threatened, for, and such court shall have jurisdiction upon hearing and for cause shown, to grant, a temporary or permanent injunction restraining any person from violating any provision of section 3, notwithstanding whether or not there exists an adequate remedy at law. Injunctions. Section 5. Any person who violates any of the provisions of section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Punishment. (a) No person shall be subject to the penalties provided herein for having violated section 3, paragraphs (a) or (c) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in this State from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this Act and designating this Act. (b) No publisher, radio-broadcast license, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the State Board of Pharmacy to furnish the State Board of Pharmacy the name and post office of the manufacturer, packer, distributor, seller, or advertising agency who caused him to disseminate such advertisement. Section 6. (a) Whenever a duly authorized agent of

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the State Board of Pharmacy finds or has probable cause to believe, that any drug or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of this Act, 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 dispose 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, without permission. Remedies. (b) When an article detained or embargoed under subsection (a) has been found by such agent to be adulterated, or misbranded, he shall petition the judge of the superior court of the county where the article is detained or embargoed for a libel for condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tags or other markings. (c) If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of the Georgia State Board of Pharmacy, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of such article or his agent; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled or processed, has been executed, may by proper order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the Georgia State Board of Pharmacy. The expense of such supervision shall be paid by the claimant. Such shall be returned to the

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claimant of the article on representation to the court by the Georgia State Board of Pharmacy that the article is no longer in violation of this Act, and that the expense of such supervision has been paid. (d) Whenever the Georgia State Board of Pharmacy or any of its authorized agents shall find in any room, building, vehicle for transportation or other structure, any drug, device or cosmetic which is unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the Georgia State Board of Pharmacy or its authorized agents, shall forthwith condemn or destroy the same. Section 7. It shall be the duty of each solicitor-general to whom the Georgia State Board of Pharmacy reports any violation of this Act to cause appropriate criminal proceedings to be instituted in the superior court without delay and to prosecute same in the manner provided by law. Before any violation of this Act is reported to any solicitor-general for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Georgia State Board of Pharmacy or its designated agent, either orally or in writing, in person, or by attorney, with regard to such contemplated proceedings. Solicitors-general. Section 8. Nothing in this Act shall be construed as requiring the Georgia State Board of Pharmacy to report for the institution of proceedings under this Act, minor violations of this Act, whenever the Georgia State Board of Pharmacy believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. Intent. Section 9. A drug or device shall be deemed to be adulterated(a) (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) if it has been produced, prepared, packed, or held under

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unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health, or (3) if it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it bears or contains, for purposes of coloring only, a coaltar color other than one from a batch certified under the authority of the Federal Act. Adulterated defined. (b) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the Federal Act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia. (c) If it is not subject to the provisions of paragraph (b) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess. (d) If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality or strength; or (2) substituted wholly or in part therefor.

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Section 10. A drug or device shall be deemed to be misbranded(a) If its labeling is false or misleading in any particular. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Georgia State Board of Pharmacy. Misbranded defined. (c) If any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (d) If it is for use by man and contains any quantity of the narcotic or hypnotic substance alphaeucaine, barbituric acid, betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marithuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substance, which derivative has been by the Georgia State Board of Pharmacy, after investigation, found to be, and by regulations under this Act, designated as, habit forming, or any synthetic narcotic or drug, unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement Warningmay be habit forming. (e) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears (1) the common or usual name of the drug, if such there be; and (2), in case it is fabricated from

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two or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including whether active or not the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein: Provided, that to the extent that compliance with the requirements of clause (2) of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the Georgia State Board of Pharmacy. (f) Unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users: Provided, That where any requirement of clause (1) of this paragraph, as applied to any drug or device, is not necessary for the protection of the public health, the Georgia State Board of Pharmacy shall promulgate regulations exempting such drug or device from such requirements. (g) It is purported to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein: Provided, That the method of packing may be modified with a consent of the Georgia State Board of Pharmacy. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States, and not to those of the United States Pharmacopoeia.

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(h) If it has been found by the Georgia State Board of Pharmacy to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the Georgia State Board of Pharmacy shall by regulations require as necessary for the protection of public health. No such regulation shall be established for any drug recognized in an official compendium until the Georgia State Board of Pharmacy shall have informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements. (i) (1) If it is a drug and its container is so made, formed, or filled as to be misleading; or (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of another drug. (j) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof. (k) If it is a drug intended for use by man which (1) is a habit-forming drug to which paragraph (d) applies; or (2) because of its toxicity or other potentiality for harmful effect, or the method of use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or (3) is limited by an effective application under Section 505 of the Federal Act to use under the professional supervision of a practitioner licensed by law to administer such drug, unless (4) it is dispensed only (a) upon a written prescription of a practitioner licensed by law to administer such drug, or (b) upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist, or (c) by refilling any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which

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is reduced promptly to writing and filed by the pharmacist. (l) Any drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to administer such drug shall be exempt from the requirements of this section except paragraphs (a) and (i) if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or of its filling, the name of the prescriber, and, if stated in the prescription, the name of the patient, and the directions for use and cautionary statements, if any, contained in such prescription. This exemption shall not apply to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of paragraph (k) hereof. Section 11. (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has become effective under Section 505 of the Federal Act, or (2) when not subject to the Federal Act unless such drug has been tested and has not been found to be unsafe for use under the conditions prescribed, recommended, or suggested in the labeling thereof, and prior to selling or offering for sale such drug, there has been filed with the Georgia State Board of Pharmacy an application setting forth (a) full reports of investigations which have been made to show whether or not such drug is safe for use; (b) a full list of the articles used as components of such drug; (c) a full statement of the composition of such drug; (d) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (e) such samples of such drug and of the articles used as components thereof as the Georgia State Board of Pharmacy may require; and (f) specimens of the labeling proposed to be used for such drug. New drugs. (b) An application provided for in subsection (a) (2)

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shall become effective on the 60th day after the filing thereof, except that if the Georgia State Board of Pharmacy finds after due notice to the applicant and giving him an opportunity for a hearing, that the drug is not safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof, he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective. (c) This section shall not apply (1) to a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs provided the drug is plainly labeled For investigational use only; or (2) to a drug sold in this State at any time prior to the enactment of this Act or introduced into interstate commerce at any time prior to the enactment of the Federal Act; or (3) to any drug which is licensed under the virus, serum, and toxin Act of July 1, 1902 (U. S. C. 1934 cd. title 42, Chap. 4). (4) to any drug manufactured, labeled and sold for veterinary purposes. (d) An order refusing to permit an application under this section to become effective may be revoked by the Georgia State Board of Pharmacy. Section 12. A cosmetic shall be deemed to be adulterated (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, That this provision shall not apply to coal-tar hair dye, the label of which bears

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the following legend conspicuously displayed thereon: CautionThis product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness, and the labeling of which bears adequate directions for such preliminary testing. For the purpose of this paragraph and paragraph (e) the term hair dye shall not include eyelash dyes or eyebrow dyes. Adulterated cosmetics. (b) If it consists in whole or in part of any filthy, putrid, or decomposed substance. (c) If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. (d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. (e) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the Federal Act. Section 13. A cosmetic shall be deemed to be misbranded (a) If its labeling is false or misleading in any particular. Misbranded cosmetics. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the Georgia State Board of Pharmacy.

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(c) If any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (d) If its container is so made, formed or filled as to be misleading. Section 14. (a) An advertisement of a drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. False advertising. (b) For the purpose of this Act the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecytitis, diabetes, diptheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, veneral disease, shall also be deemed to be false, except that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices: Provided, That whenever the Georgia State Board of Pharmacy determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the Georgia State Board of Pharmacy shall by regulation authorize the advertisement of drugs having curative or therapeutic

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effect for such disease, subject to such conditions and restrictions as the Georgia State Board of Pharmacy may deem necessary in the interest of public health: Provided, That this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious. Section 15. (a) The authority to promulgate regulations for the efficient enforcement of this Act is hereby vested in the Georgia State Board of Pharmacy. The Georgia State Board of Pharmacy is hereby authorized to make the regulations promulgated under this Act conform, insofar as practicable with those promulgated under the Federal Act. No drug, device or cosmetic which is subject to, and complies with, regulations promulgated under the provisions of the Federal Food, Drug and Cosmetic Act relating to adulteration and misbranding shall be deemed to be adulterated or misbranded in violation of the provisions of this Act because of its failure to comply with regulations promulgated hereunder, insofar as said regulations are in conflict with regulations relating to adulteration and misbranding under the Federal Food, Drug and Cosmetic Act. Regulations. (b) Hearings authorized or required by this Act shall be conducted by the Georgia State Board of Pharmacy, or such officer, agent, or employee as the Georgia State Board of Pharmacy may designate for the purpose. (c) Before promulgating any regulations contemplated by sections 10 (d), (f), (g), (h), and (k) or 13 (b), the Georgia State Board of Pharmacy shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the Georgia State Board of Pharmacy (which date shall not be prior to thirty (30) days after its promulgation). Such regulation may be amended or repealed in the same manner as is provided for its adoption, except that in the case of a regulation amending or repealing any such regulation the Georgia State Board of Pharmacy, to such extent as

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it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date. Section 16. The Georgia State Board of Pharmacy or its duly authorized agent shall have free access at all reasonable times to any factory, warehouse, or establishment in which drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such drugs, devices, or cosmetics in commerce, for the purpose: (a) of inspecting such factory, warehouse, establishment or vehicle to determine if any of the provisions of this Act are being violated. (b) to secure samples or specimens of any drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the Georgia State Board of Pharmacy to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this Act is being violated. Inspections. Section 16 A. In addition to the remedies provided herein and to provide for more efficient enforcement of the provisions of this Act, the Board or the Chief Drug Inspector may request the Department of Agriculture and the Department of Public Health for assistance and in such event, either or both such departments may render such assistance. Any employee or agent of either such department engaged in the rendering of such assistance shall be an authorized agent of the Board. Same. Section 17. (a) The Georgia State Board of Pharmacy may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this Act, including the nature of the charge and the disposition thereof. Publications. (b) The Georgia State Board of Pharmacy may also

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cause to be disseminated such information regarding drugs, devices, and cosmetics as the Georgia State Board of Pharmacy deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the Georgia State Board of Pharmacy from collection, reporting, and illustrating the results of the investigations of the Georgia State Board of Pharmacy. Section 18. If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and applicability thereof to other persons and circumstances shall not be affected thereby. Severability. Section 19. Code section 42-102, relating to the Chief drug inspector, his appointment, duties and salary, as amended, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: 42-102 . The Georgia State Board of Pharmacy shall, at the next regular meeting of said board, appoint a chief drug inspector, who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall, either at a regular or called meeting, appoint his successor. The salary of the chief drug inspector shall be fixed by the Georgia State Board of Pharmacy. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and it shall be his duty to visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocers' drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics or any of the above stated articles; and to perform such other duties as may be directed by the

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Georgia State Board of Pharmacy. He shall report to the Georgia State Board of Pharmacy or the secretary of said Board any and all violations of any of the drug laws of this State. The inspector shall have authority to take up samples of the articles above referred to from any of the said establishments for examination and analysis by the State Chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia State Board of Pharmacy for the purpose of examination as provided by section 42-113. The Georgia State Board of Pharmacy shall have authority to appoint not more than five assistant drug inspectors who shall hold office at the pleasure of the Georgia Board of Pharmacy and whose salary shall be fixed by said Board. Section 20. Code section 42-103, relating to the proceedings to be had on the inspector's report, as amended, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: 42-103 . Except as otherwise provided in this Title, when such report shall have been made to the Board, or to the secretary thereof, he or they shall cite such person to appear before the Board for a hearing, under such rules and regulations as may be provided by the Board. If after such hearing it is decided that any of the drug laws have been violated, the Board shall certify the facts to the proper prosecuting officer, who shall cause appropriate proceedings to be instituted against the offenders and prosecute same in the manner provided by law. Section 21. Code section 42-107, relating to the definition of the terms drug and food, as amended, is hereby repealed in its entirety. Section 22. Code section 42-108, relating to the definition of the terms person and party, as amended, is hereby repealed in its entirety. Section 23. Code section 42-109, relating to when an

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article is adulterated, as amended, is hereby repealed in its entirety. Section 24. Code section 42-110, relating to the application of the term misbranded, as amended, is hereby repealed in its entirety. Section 25. Code section 42-113, relating to examination of specimens of foods and drugs, notification of hearing, and prosecution for violations, as amended, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: 42-113 . The examination of specimens of foods, drugs and cosmetics shall be made by the State Chemist or under his direction and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this Title; and, in the case of drugs and cosmetics, if it shall appear from any such examination that any such specimens are adulterated or misbranded within the meaning of this Title, a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination, under the oath of such analyst or officer, shall be forwarded to the Georgia State Board of Pharmacy without delay. In case it shall appear to the satisfaction of the Georgia State Board of Pharmacy and the Attorney General in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce, or the act complained of comes under the supervision and jurisdiction of the United States, the Georgia State Board of Pharmacy shall certify the case to the United States district attorney in whose district the violation may have been committed. Section 26. Code section 42-114, relating to the seizure and condemnation of adulterated or misbranded articles of food, drug, or liquor, as amended, is hereby repealed in its entirety. Section 27. Code section 42-115, relating to dealers

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protected by guaranties of manufacturers and others, as amended, is hereby repealed in its entirety. Section 28. Code section 42-9901, relating to crimes for dealing in adulterated or misbranded items, as amended, is hereby repealed in its entirety. Section 29. The provisions of this Act shall become effective June 1, 1961. Effective date. Section 30. The provisions of this Act shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically nothing contained in this Act shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by an Act approved March 24, 1935. (Ga. L. 1935, p. 418), as amended. Intent. Nothing contained herein shall amend, alter, supersede or replace the laws of this State relative to feed, food, animal remedies, hog cholera serum or virus; drugs permitted to be added to feeds, bottling supplies, nor the duty and authority of the Commissioner of Agriculture. Section 30 (A). Any final order of the Board of Pharmacy issued under the provisions of this Act may be appealed from to the Superior Court of the County wherein said order was passed in the same manner and procedure as is by law now provided for appeals from the Ordinary's Court to the Superior Court. Appeals. Section 31. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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GENERAL ASSEMBLYPAGES NOT REQUIRED TO TAKE LOYALTY OATH. No. 470 (House Bill No. 323). An Act to amend an Act requiring certain persons to take a loyalty oath, approved February 3, 1949, (Ga. L. 1949, p. 960), as amended, so as to exempt pages employed by the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act requiring certain persons to take a loyalty oath, approved February 3, 1949, (Ga. L. 1949, p. 960), as amended, by inserting following the words departments and agencies in section 1, the words (with the exception of pages employed by the General Assembly), so that said section as amended hereby shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act all persons who are employed by and are on the pay roll of and the recipient of wages per diem and/or salary of the State of Georgia, or its departments and agencies, (with the exception of pages employed by the General Assembly), all counties and cities, school districts and local educational systems throughout the entire State, are hereby required to take an oath that they will support the Constitution of the United States and the Constitution of the State of Georgia, and that they are not a member of the Communist Party and have no sympathy for the doctrines of Communism and will not lend his aid, support, advice, counsel or influence to the Communist Party or to the teachings of Communism. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

Page 553

COBB JUDICIAL CIRCUITCOMPENSATION OF ASSISTANT SOLICITOR-GENERAL. No. 479 (House Bill No. 638). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved February 19, 1960 (Ga. L. 1960, p. 149), so as to fix the compensation for the assistant solicitor-general of said circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved February 19, 1960 (Ga. L. 1960, p. 149), is hereby amended by striking from Section 4 (b) the following: The assistant solicitor-general shall be compensated in an amount not less than $5,000.00 nor more than $9,000.00 per annum, which amount shall be fixed by the governing authority of the county comprising the Cobb Judicial Circuit and shall be paid in equal monthly installments from the funds of said county. and inserting in lieu thereof the following: The assistant solicitor-general shall be compensated in the amount of $8,400.00 per annum, to be paid in equal monthly installments from the funds of said county. so that when so amended section 4 (b) shall read as follows: Section 4 (b). The solicitor-general is hereby authorized to appoint an assistant solicitor-general to serve at the pleasure of the solicitor-general who shall assist the solicitor-general in the performance of his duties. He is hereby authorized to serve in the place of the solicitor-general

Page 554

in the absence or disqualification of the solicitor-general and shall be clothed with all the powers and authority of the solicitor-general. The assistant solicitor-general shall be compensated in the amount of $8,400.00 per annum, to be paid in equal monthly installments from the funds of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. ACT PROVIDING LICENSE TAGS FOR DISABLED VETERANSAMENDED. No. 483 (House Bill No. 282). An Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), and an Act approved March 17, 1959 (Ga. L. 1959, p. 349), so as to provide for the issuance of license tags to certain other veterans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), and an Act approved March 17, 1959 (Ga. L. 1959, p. 349), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Effective as applied to the license tags for the year 1960, a disabled American veteran of any war or armed conflict in which the United States engaged;

Page 555

who is a citizen and resident of the State of Georgia, and who has been, or might hereafter be, awarded an automobile by the Veterans' Administration which is to be owned and operated by the said disabled veteran, with or without special equipment for amputees, or those veterans of World War I who received a discharge other than a dishonorable discharge who will receive a statutory award from the Veterans' Administration for: (1) Loss or permanent loss of use of one or both feet; Veterans eligible. (2) Loss or permanent loss of use of one or both hands; (3) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye. will be provided upon application therefor State automobile license tags free of charge upon presentation by said veteran of the proof that he has been furnished an automobile free of charge by the United States Government, or upon presentation of proof that he is receiving the aforesaid statutory award. For the purposes of this Act, World War I shall be considered as that period beginning April 6, 1917, and ending November 11, 1918; and in the case of a veteran who served with the United States Military Forces in Russia, April 6, 1917, and ending on April 1, 1920. Once said veteran has established his eligibility for said free tags, he shall be entitled to them in succeeding years, on any automobile he may acquire in the future. Two tags each year shall be furnished under the provisions of this Act unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. CRIMESESCAPE DEFINED. Code Chapter 26-45 Amended. No. 501 (House Bill No. 247). An Act to amend an Act entitled An Act to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or county thereof; to repeal conflicting laws; and for other purposes., approved December 17, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 187), so as to eliminate the provision that a person be convicted for the crime for which arrested before being guilty under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or county thereof; to repeal conflicting laws; and for other purposes., approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 187), is hereby amended by striking from Section 1 thereof the last sentence which reads: Provided however, no person shall be convicted under this section unless he shall have been convicted of the crime for which he was arrested, and such arrest determined to be legal.,

Page 557

so that when amended section 1 of said Act shall read as follows: Section 1. Any person who after having been lawfully arrested for the alleged violation of any law of this State, by any peace officer of this State or any county thereof, escapes or attempts to escape prior to conviction shall be guilty of a misdemeanor, without regard to whether such person was arrested with or without a warrant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. CRIMESSOLICITATION OF VOTES WITHIN 200 FEET OF VOTING PLACES. Code 34-9936 Enacted. No. 502 (House Bill No. 41). An Act to amend Code Chapter 34-99 relating to punishments for violations of election laws, as amended, so as to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified distance of any voting place; to provide a penalty for violation; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-99, as amended, relating to punishments for violations of election laws is hereby amended by adding thereto a new code section to be known as Code section 34-9936, and to read as follows: 34-9936 . Any person who shall solicit votes in any manner or by any means or method or who shall distribute or display any campaign literature, booklet, pamphlet,

Page 558

card, sign, or any written or printed matter of any kind in support of any person, party or proposition in any election or primary, including municipal, county, state and national within two hundred (200) feet of any voting place or building within which such voting place is located, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a sentence of not more than ten (10) days in jail or a fine of $25.00. Provided however, that said distance of two hundred (200) feet may be extended to a greater distance in any county in the state by local legislation or local Act and provided further that any effective local Act now in existence at the time of the passage of this Act shall not be repealed hereby. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. WILLSADDITIONAL METHOD OF EXAMINING WITNESSES TO WILLS. No. 513 (House Bill No. 150). An Act providing additional procedures for taking the testimony of witnesses to wills. Be it enacted by the General Assembly of Georgia: Section 1. In all proceedings for the probate of a will in common form, and in all proceedings for the probate of a will in solemn form when all of the heirs at law of the testator are sui juris and acknowledge service of the petition and notice and assent to the admission of the will to record upon proper proof without further delay as prescribed by Code section 113-602, and in all proceedings for the probate of a will in solemn form in which no caveat is filed before or within ten days after the completion of the service of said proceedings pursuant

Page 559

to Code section 113-607, witnesses to wills may be examined by written interrogatories submitted by the propounder of the will, or his attorney, which interrogatories shall be answered under oath in writing before any person authorized by law to administer oaths and returned to the ordinary of the county in which the application for probate is pending. Interrogatories. Section 2. In all proceedings for the probate of a will in solemn form in which a caveat is filed before or within ten days after the completion of the service of said proceedings pursuant to Code section 113-607, witnesses to wills may be examined pursuant to the provisions of Chapter 38-21 of the Code. Caveats. Section 3. Where the testimony of a witness to a will is taken by interrogatories as authorized by this Act, a photostatic copy of said will may be attached to such interrogatories, exhibited to such witness at the time of taking his testimony and returned to the ordinary with said interrogatories. The testimony of a witness to whom such photostatic copy has been exhibited shall be given the same weight as though the original will had been exhibited to such witness. Photostatic copies exhibited to witnesses. Section 4. This Act shall not be construed as repealing any other statute prescribing a method or procedure for the taking of testimony by interrogatories or depositions, but as supplementary thereto and cumulative thereof and as providing additional means or methods of taking the testimony of subscribing witness to a will in proceedings for the probate of such will, and the taking or procuring of testimony of such subscribing witnesses in the manner prescribed by this Act shall be sufficient for all purposes of such probate proceedings notwithstanding the provisions of any other statute. Intent. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961.

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ENACTMENT OF BUILDING CODES, ETC. BY COUNTIES. No. 515 (House Bill No. 600). An Act to protect the health and safety of the residents of the various counties of this State located outside the corporate limits of municipalities; to authorize the governing authorities of these various counties to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes, including all necessary rules and regulations pertaining to such codes; to provide for the appointment of building, housing, plumbing, gas, electrical and other inspectors for said counties; to empower said counties to fix inspection fees to be paid; to provide penalties and punishments for the violation of said codes; to authorize the appropriation and expenditure of funds for these purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of any county in this State are hereby authorized to make, adopt, amend and repeal building, housing, electrical, plumbing, gas and other similar codes relating to the construction, livability, sanitation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located outside of the corporate limits of any municipality in said county. Building, etc., codes. Section 2. Said codes, rules and regulations may embrace such matters as: the preparation and submission of plans and specifications; issuance of permits; standards governing the kind, quality and performance of materials, equipment and workmanship; establishment of fire zones; fireproofing; means of egrees and ingress; floor area per occupant; sanitary facilities and usage proceedings in connection with unsafe, unsanitary or inadequate structures. The enumeration herein shall not be construed as being exclusive. Contents.

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Section 3. Said codes, rules and regulations may be adopted by reference to national or regional codes. Intent. Section 4. The county governing authorities are hereby permitted to contract with municipalities and other political subdivisions of the State possessing the authority to issue building permits and enforce building, electrical, plumbing, gas, housing and other similar codes in order to efficiently administer the powers granted under this Act. Enforcement. Section 5. Said governing authorities shall have the authority to appoint building, electrical, plumbing, gas, housing inspectors for said counties and such other assistants as the said authority may deem necessary. Same. Section 6. Said governing authorities shall have the authority to make rules and regulations concerning permits for and inspections of construction equipment, alteration, repairing or removal of buildings, signs and other structures outside the corporate limits of municipalities located in said county and may prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by said governing authorities and shall be paid to the county treasurer by the applicant for such permits or inspections. Rules, etc. Section 7. Before enacting any of the codes, rules or regulations permitted in this Act, the governing authority of the County shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the county. Hearings. Section 8. Said governing authorities shall have the authority to make such rules, codes and regulations as are permitted under this Act for the entire unincorporated area of the county or for any militia district or land lot or land and water areas 500 feet wide on either side of any State or county highway or any section of such highway, or land or water areas 500 feet wide on either side of any water line of a stream or water reservoir or

Page 562

section thereof within the unincorporated area of the county, or for any portion of the unincorporated area of the county lying within a specified distance of the boundaries of a municipality in the county. Coverage. Section 9. Full compliance with all rules, regulations and requirements set up hereunder shall be a prerequisite to issuance of any permit and failure to secure such permit as is required is hereby declared to be a misdemeanor. Crimes. Section 10. The violation of any of the codes, rules and regulations adopted by said governing authorities under the provisions of this Act is hereby declared to be a misdemeanor and any person violating any such codes, rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Each and every day such violation shall continue shall be deemed a separate offense. Same. Section 11. In case any violation of any of the codes, rules and regulations that may be adopted by said governing authorities under this Act is, or is proposed, to be committed, the inspectors appointed under this Act, the county attorney, or other appropriate authority of the county or any adjacent or neighboring property owner who would be damaged by such violation may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent, correct or abate such violation or threatened violation. Injunctions, etc. Section 12. The governing authorities of the counties are hereby authorized to appropriate and expend funds for the above purposes. Funds. Section 13. If any portion or provision of this Act is found unconstitutional, such invalidity shall not affect any other portion of this Act. Severability. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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ELIGIBILITY OF MEMBERS OF BOARDS OF TAX ASSESSORS TO SUCCEED THEMSELVES. Code 92-6907 Amended. No. 517 (House Bill No. 58). An Act to amend Code section 92-6907, relating to the ineligibility of tax assessors to hold other public offices, so as to provide that the members of the board of tax assessors shall be ineligible to hold any state, county or municipal office during the time they hold their offices, but they may be reappointed to succeed themselves as members of said board; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-6907, relating to the ineligibility of tax assessors to hold other public offices, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: 92-6907. The members of the board of tax assessors shall be ineligible to hold any state, county or municipal office during the time they hold their offices, but they may be reappointed to succeed themselves as members of said board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

Page 564

GAME AND FISHPURCHASE OF PASSENGER CARRYING VEHICLES AUTHORIZED. No. 518 (House Bill No. 639). An Act to amend an Act which superseded and revised the laws relating to the Game and Fish Commission and relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), so as to authorize the purchase of certain vehicles; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which superseded and revised the laws relating to the Game and Fish Commission and relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), is hereby amended by adding at the end of section 20 thereof the words: Any other provision of law to the contrary notwithstanding, the Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other purchases are made, passenger carrying vehicles, and such purchases shall not fall within the restrictions relating to the purchase, use and furnishing of automobiles as provided in Code Chapter 40-20, as amended., so that when so amended, section 20 shall read as follows: Section 20. To facilitate the inspection and patrolling of the wildlife resources of this State, and to assist in the better enforcement of the laws, rules and regulations relating to wildlife, the Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other purchases are made, aircraft and other necessary equipment to be used for such patrolling and inspection.

Page 565

Any other provision of law to the contrary notwithstanding, the Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other purchases are made, passenger carrying vehicles, and such purchases shall not fall within the restrictions relating to the purchase, use and furnishing of automobiles as provided in Code Chapter 40-20, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1961. PUBLIC REVENUEINCOME TAX ACT AMENDED. Code 92-3109, 92-3110, 92-3120 Amended. No. 521 (House Bill No. 140). An Act to amend Title 92 (`Public Revenue'), Division I (`Sources of Revenue'), Part IX (`Income Taxes'), Chapters 92-30 (`In General') and 92-31 (`Imposition, the Rate, and Computation of Tax; exemptions'), of the 1933 Code of Georgia as amended, so as to provide a new method for computation of the depreciation and depletion deduction; to provide a new schedule of deductions for `medical and dental care'; to amend and clarify the net operating loss carry-back and carry-over section; to allow certain deductions to persons, firms, or corporations engaged in developing oil and gas properties to provide for deductions of certain expenses incurred in organizing a corporation; to amend and clarify the non-recognition of gain on re-organizations; 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 92-3109, which provides for certain deductions from gross income in computing net

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income for State income tax purposes, as amended particularly by Acts approved March 26, 1935 (Ga. L. 1935, p. 121, 124), March 30, 1937 (Ga. L. 1937, p. 109, 126), February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 274, 278), March 4, 1955 (Ga. L. 1955, p. 481, 482), and March 17, 1960 (Ga. L. 1960, p. 1055), is hereby amended by striking in its entirety subsection (f) of said Code section and inserting in lieu thereof a new subsection (f) which shall read as follows: (f) Depreciation and Depletion .A reasonable allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits and timber, there shall be allowed as a deduction in computing taxable income a reasonable allowance for depletion and for depreciation of improvements, according to the peculiar conditions in each case; such reasonable allowance in all cases to be made under regulations prescribed by the State Revenue Commissioner. In any case in which it is ascertained as a result of operations or of development work that the recoverable units are greater or less than the prior estimate thereof, then such prior estimate (but not the basis for depletion) shall be revised and the allowance under this subsection for subsequent income years shall be based upon such revised estimate. In the case of leases the deductions shall be equitably apportioned between the lessor and the lessee. The amount allowed as a deduction for depletion in the case of mines, oil and gas wells, other natural deposits, and timber shall be the same depletion allowed under Sections 611, 612, 613 and 614 of the Federal Internal Revenue Code of 1954, as amended. In the case of property described in Section 167 (c) of the Federal Internal Revenue Code of 1954, the terms `reasonable allowance for the depreciation and obsolescence of property' as used in this subsection shall include (but shall not be limited to) an allowance computed in accordance with regulations prescribed by the State Revenue Commissioner under any of the methods described in Paragraphs (2), (3)

Page 567

and (4) of Section 167 (b) of the Federal Internal Revenue Code of 1954. Section 2. Title 92 (`Public Revenue'), Division I (`Sources of Revenue'), Part IX (`Income Taxes'), Chapters 92-30 (`In General') and 92-31 (`Imposition, the Rate, and Computation of Tax; Exemptions') of the 1933 Code of Georgia, as amended, is hereby amended by striking therefrom subsection (k) of section 92-3109 in its entirety and substituting in lieu thereof a new subsection (k) which shall read as follows: (k) Medical and Dental Care .In addition to all other deductions permitted by law, there shall be allowed each individual income taxpayer a deduction, in computing net income for State income tax purposes, of expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical, including dental, care of the taxpayer, his spouse, or a dependent specified in subsection 92-3106 (d). (1) if neither the taxpayer nor his spouse has attained the age of 65 before the close of the taxable year (A) the amount of such expenses for the care of any dependent who (i) is the mother or father of the taxpayer or his spouse, and (ii) has attained the age of 65 before the end of the taxable year, and (B) the amount by which such expenses for the care of the taxpayer, his spouse and such dependents (other than any dependent described in subparagraph (A)) exceed 3% of gross income less business expenses. (2) if either the taxpayer or his spouse has attained the age of 65 before the close of the taxable year. (A) the amount of such expenses for the care of the taxpayer and his spouse,

Page 568

(B) the amount of any such expenses for the care of any dependent described in subparagraph (1) (A), and (C) the amount by which such expenses for the care of such dependents (other than those described in subparagraph (1) (A)) exceed 3 per cent of gross income less business expenses. (3) Amounts paid during the taxable year for medicine and drugs which (but for this paragraph) would be taken into account in computing the deduction under this section shall be taken into account only to the extent that the aggregate of such amounts exceeds 1 per cent of gross income less business deductions. (4) Except as provided in paragraph 7, the deduction under this section shall not exceed $2,500, multiplied by the number of exemptions allowed for the taxable year as a deduction under subsection 92-3106 (other than additional exemptions for age or blindness); except that the maximum deduction under this section shall be (A) $5,000, if the taxpayer is single and not the head of a household (entitled to the exemption provided by subsection 92-3106 (c) and not a surviving spouse (as defined in subsection 92-3106 (g)) or is married but files a separate return; or (B) $10,000, if the taxpayer files a joint return with his spouse, or is the head of a household (entitled to the exemption provided by subsection 92-3106 (c) or a surviving spouse as defined in subsection 92-3106 (g)). (5) Expenses for the medical care of the taxpayer which are paid out of his estate during the 1 year period beginning with the day after the date of his death shall be treated as paid by the taxpayer at the time incurred unless the amount paid is deducted under section 2053 of the Internal Revenue Code of 1954 (or any successor provision thereto) as a deduction in computing the taxable estate of the decedent for federal estate tax purposes.

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(6) For purposes of this section the term medical care means amounts paid (A) for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body (including amounts paid for accident or health insurance), or (B) for transportation primarily for and essential to medical care referred to in subparagraph (A). (7) (A) Subject to the provisions of paragraph (B), the deduction under this section shall not exceed (i) $15,000, if the taxpayer has attained the age of 65 before the close of the taxable year and is disabled, or if his spouse has attained the age of 65 before the close of the taxable year and is disabled and if his spouse does not make a separate return for the taxable year, or (ii) $30,000, if both the taxpayer and his spouse has attained the age of 65 before the close of the taxable year and are disabled and if the taxpayer files a joint return with his spouse under section 92-3201. (B) For purposes of paragraphs (A) (i) amounts paid by the taxpayer during the taxable year for medical care, other than amounts paid forhis medical care, if he has attained the age 65 before the close of the taxable year and is disabled, or the medical care of his spouse, if his spouse has attained the age of 65 before the close of the taxable year and is disabled, shall be taken into account only to the extent that such amounts do not exceed the maximum limitation provided in paragraph (4) which would (but for the provisions of this subsection) apply to the taxpayer for the taxable year; (ii) if the taxpayer has attained the age of 65 before the close of the taxable year and is disabled, amounts paid by him during the taxable year for his medical

Page 570

care shall be taken into account only to the extent that such amounts do not exceed $15,000; and (iii) if the spouse of the taxpayer has attained the age of 65 before the close of the taxable year and is disabled, amounts paid by the taxpayer during the taxable year for the medical care of his spouse shall be taken into account only to the extent that such amounts do not exceed $15,000. (C) For purposes of paragraph (1), an individual shall be considered to be disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Commissioner may require. (D) For purposes of paragraph (1), the determination as to whether the taxpayer or his spouse is disabled shall be made as of the close of the taxable year of the taxpayer, except that if his spouse dies during such taxable year such determination shall be made with respect to his spouse as of the time of such death. Section 3. Said Title is further amended by adding to paragraph (6) of subsection (m) of section 92-3109 a new subparagraph (C), which shall read as follows: (m) (6)(c) Net Operating Loss Deduction : In the case of both a net operating loss carry-back and a net operating loss carry-over being applied against the income of one taxable year, there shall be no duplication of the adjustments as required under this section. Section 4. Said Title is further amended by adding to section 92-3109 a new subsection to be known as subsection (o) which shall read as follows: (o) Intangible Drilling and Development Costs . Expenditures

Page 571

made after December 31, 1959 by the owner of an operating mineral interest for intangible drilling and development costs incurred in the development of oil and gas deposits, if election to deduct such expenditures for federal income tax purposes has been made under Federal Internal Revenue Code Section 263 (c) and regulations prescribed thereunder. Intangible drilling and development costs as used in this subsection include all expenditures, otherwise chargeable to the capital account, incident to and necessary for the drilling of wells and the preparation of wells for the production of oil and gas except expenditures for those items which in themselves have a salvage value or the cost of which is recoverable through depreciation. Section 5. Said Title is further amended by adding to section 92-3109 a new subsection to be known as subsection (p) which shall read as follows: (p) The organizational expenditures of a corporation may, at the election of the corporation, be treated as deferred expenses and, in computing taxable income, may be deducted ratably over a period of not less than 60 months beginning with the month in which the corporation begins business. The term `organizational expenditures' means any expenditure which is (1) incident to creation of the corporation, (2) is chargeable to the capital account and (3) is of a character not otherwise subject to depreciation or amortization. The election to amortize organizational expenditures may be made for any taxable year beginning after December 31, 1960, but only if made not later than the time prescribed by law for filing the return for such year (including extensions thereof). The election and period selected for amortization shall be adhered to in the taxable year of the election and all subsequent taxable years. The election shall apply only with respect to expenditures paid or incurred after the date of enactment of this subsection. Organizational expenses of corporations. Section 6. Said Title is further amended by adding

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to subsection (b) of section 92-3110 the following language: except for intangible drilling and development costs deducted as expenses under section 92-3109 (o), so that when amended section 92-3110, subsection (b) shall read as follows: Code 92-3110 amended. (b) Any amount paid out for new buildings or for permanent improvements or betterments, made to increase the value of any property or estate, except for intangible drilling and development costs deducted as expenses under section 92-3109 (o). Section 7. Said Title is further amended by striking from subsection (i) of section 92-3120 the words and figures of Section 112(b)(11) of the Federal Internal Revenue Code effective on the date of passage of this section, and inserting in lieu thereof the following words and figures: of Section 355 of the Federal Internal Revenue Code of 1954 as amended. so that when so amended subsection (i) of section 92-3120 shall read as follows: (i). No gain shall be recognized on a distribution to the stockholder of a corporation after October 20, 1951, if such gain would not be recognized to such stockholder for Federal Income tax purposes under the provisions of Section 355 of the Federal Internal Revenue Code of 1954 as amended. Gains to stockholders. Section 8. Except as otherwise provided herein, the provisions of this Act shall become effective upon its approval by the governor or at such other time as it may become law, for taxable years ending on and after such date. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1961.

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EXCHANGE OF LANDS IN SUMTER COUNTY AUTHORIZED. No. 62 (House Resolution No. 177-538). A Resolution. Providing for the exchange of certain State Highway Department right-of-way property for access and other rights of Mr. Charles Wheatley in Sumter County; and for other purposes. Whereas, the State Highway Department of Georgia has developed and is now executing a project for the improvement of the roads and streets in the City of Americus in Sumter County, Georgia, as part of a project for general highway improvement known as Georgia Highway Project UF 030-2 (3); and Whereas, as a part of said project, it is proposed that a new street to be constructed thereunder cross and intersect with West Lamar Street in said city at an angle; and at a point to the west and along said new street a connecting link from said new street shall be constructed so as to connect said new street with West Forsyth Street at a point some 72 feet, distant and north of the east-west right of way line of said new street, and more particularly at the present intersection of West Lamar Street and West Forsyth Street; and Whereas, was a part of said project, it is proposed to close and abandon that portion of West Lamar Street which lies between the intersection of that street with West Forsyth Street, and the intersection of said West Lamar Street with the new proposed street to be constructed by the State Highway Department; and Whereas, Charles H. Wheatley owns certain lands and structures now lying on the north side of West Lamar Street and fronting thereon a distance of some 230 feet; said Charles H. Wheatley likewise owning as

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an abutting property owner the underlying fee title to that part of West Lamar Street subject to the easement now vested in the City of Americus; and Whereas, the closing of such stretch of 230 feet of West Lamar Street at said points will deprive the said Charles H. Wheatley of access to his property located and abutting on said street and between said points; and Whereas, the State Highway Department of Georgia has previously acquired as a part of the right-of-way acquisitions in connection with such project a triangular tract of land bounded on the north by the south line of West Lamar Street opposite the properties of the said Charles H. Wheatley; on the south by the north line of the proposed new street; and on the west by the easterly line of West Forsyth Street as such is proposed to be extended from its present intersection with West Lamar Street to its intersection with the said proposed new street; and Whereas, the said Charles H. Wheatley has agreed that, in consideration of the conveyance to him of this triangular tract of land above and below described, and the further relinquishment to him of all reversionary rights had by the State Highway Department of Georgia as an abutting property owner in that portion of West Lamar Street abutting on said triangular tract, which portion is being closed and abandoned as aforesaid, he will waive and surrender any and all claims for damages he now has or might have because of being deprived of access to his property located on West Lamar Street growing out of the closing and abandoning of that portion of West Lamar Street above described. Now, therefore, the premises considered, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and empowered to quit claim and convey to the said Charles H. Wheatley full and complete fee simple

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title to the triangular tract of land below described, to include reversionary rights in West Lamar Street as referred to and set out above, in consideration of the surrender by him of any claim for damages as afore set out; to wit: Beginning at a point on the north required right of way line of Georgia Highway Project UF 030-2 (3) Sumter County, 30 feet north of and right angles to center line Station 64+15; thence N. 16 30[UNK] E seventy two (72) feet more or less, to the southerly right of way of West Lamar Street; thence in a southeasterly direction along said right of way of West Lamar Street for a distance of two hundred thirty (230) feet, more or less, to intersection with said northerly right of way line Project UF 030-2 (3); thence N 73 30[UNK] W two hundred fifteen (215) feet, more or less along said northerly right of way line of Project UF 030-2 (3) to the point of beginning, containing 0.178 acres more or less, all as more fully shown on sheet 14 as revised, of the contract plans for said Project UF 030-2 (3), which plans constitute public records of and are on permanent file in the office of the State Highway Department of Georgia, State Capitol, Atlanta, Georgia. Less and except from the above described area that portion reserved for a construction easement described as follows: A strip of land having a width of 10 feet lying adjacent to the northerly 30 foot required right of way line of Project UF 030-2 (3) Sumter County and extending from a point opposite Station 64+15 to the intersection of the southerly right of way line of West Lamar Street, all as more particularly shown on the plans on file as referred to above. Be it further resolved that any conveyance prepared to accomplish the purposes herein set out shall be executed on behalf of the State Highway Department of Georgia by the chairman thereof. Approved April 5, 1961.

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FUNDS FOR PROGRAM OF COUNTY PROPERTY RE-EVALUATION. No. 63 (House Resolution No. 272). A Resolution. Relative to funds for a program of county property re-evaluation; and for other purposes. Whereas, the General Assembly has enacted legislation relative to assisting counties in a program of tax equalization and property re-evaluation; and Whereas, such a program would be of untold benefit not only to the counties of this State but to the State Government as well, and to all citizens of this State; and Whereas, such a program would in a few short years pay for itself many fold and would result in increased revenue with which many additional worthwhile programs for the counties and municipalities of this State could be inaugurated; and Whereas, it is imperative that the legislation provided for in this Session of the General Assembly be implemented with necessary funds in order that this important program may be undertaken immediately; Now, therefore, be it resolved by the House of Representatives that the Budget Bureau is requested to make available to the State Revenue Department at the earliest possible date the funds which are required to implement the legislation enacted relative to a program of property re-evaluation and tax equalization in the counties of this State. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor and to the State Revenue Commissioner. Approved April 5, 1961.

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HON. CLARKE W. DUNCANMEMBER OF STATE HIGHWAY BOARD. No. 66 (House Resolution No. 35J.R. No. 1). A Resolution. Relative to the election of a member of the State Highway Board from the Central State Highway District; and for other purposes. Be it resolved by the General Assembly of Georgia in Joint Session Assembled that Honorable Clarke W. Duncan of Marion County is hereby elected and declared to be a member of the State Highway Board of Georgia from the Central State Highway District to serve an unexpired term ending February 8, 1966. Be it further resolved that a copy of this resolution be delivered to His Excellency, the Governor, and to the Secretary of State, and said Honorable Clarke W. Duncan be commissioned as a member of the State Highway Board of Georgia from the Central State Highway District of Georgia for the unexpired term ending February 8, 1966. Approved April 5, 1961. STUDY OF TARIFF RATES BY MEMBERS OF CONGRESS FROM GEORGIA URGED. No. 75 (House Resolution No. 202). A Resolution. Requesting the Members of the Senate and House of Representatives of the United States Congress from Georgia to make a study regarding tariff rates of certain imported goods; and for other purposes. Whereas, the textile industries and certain other industries

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located in the State of Georgia are suffering because of the importation of goods from foreign countries; and Whereas, the wage standards and the standards of living in certain of these foreign countries are much less in comparison than the wage standards and the standards of living in the United States of America; and Whereas, because of such wage standards and standards of living, it is possible for such countries to export goods to the United States of America at a much lower price than the same goods can be purchased from American industries; and Whereas, it is only fit and proper that the citizens of our great country be encouraged to purchase American made goods. Now, therefore, be it resolved by the General Assembly of Georgia that the Members of the Senate and the House of Representatives of the United States Congress from the State of Georgia are hereby respectively and urgently requested to encourage the proper Committee or Committees of the United States Congress to make a full study of the present tariff rates on goods imported into the United States of America, and such Committee or Committees making such study are hereby respectively and urgently requested to determine whether or not tariff rates should be charged on the basis of the wage standards of the country exporting such goods. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to send a copy of this Resolution to each member of the Senate and the House of Representatives of the United States from the State of Georgia. Approved April 5, 1961.

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HON. FRANK EDWARDSLEGISLATIVE COUNSEL. No. 77 (House Resolution No. 36J.R. 2). A Resolution. Relative to the election of the Legislative Counsel; and for other purposes. Whereas, the Act creating the Joint Committee on the Operations of the General Assembly and creating the Office of Legislative Counsel provides that the Committee shall elect the Legislative Counsel subject to the approval of both branches of the General Assembly in joint session; and Whereas, the Committee has met and elected Honorable Frank H. Edwards as Legislative Counsel and recommends to the General Assembly the approval thereof; Now, therefore, be it resolved by the General Assembly of Georgia in Joint Session Assembled that the election of Honorable Frank H. Edwards by the Joint Committee on the Operations of the General Assembly is hereby approved and he is hereby declared to be Legislative Counsel as provided by law. Be it further resolved that a copy of this resolution be transmitted to the Governor and to the Secretary of State. Approved April 5, 1961.

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EXCUSED ABSENCES FROM SCHOOL FOR PAGES SERVING GENERAL ASSEMBLY. No. 78 (Senate Resolution No. 16). A Resolution. Relating to excused absences from the public schools for those children acting as pages for the General Assembly during the school year; and for other purposes. Whereas, during the various sessions of the General Assembly, many of this State's school children are in attendance and act in the capacity of pages for both legislative bodies; and Whereas, this personal and first hand observation and participation by the school children in this State's legislative process provides an integral part and contributes handsomely toward the education of our State's youth; and Whereas, many school children who attend the variour sessions of the General Assembly and serve as pages are not properly excused by their teachers and school authorities. Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Education is requested to take the necessary action to see that excused absences are granted to those children who attend the sessions of the General Assembly and serve as pages therefor. The day or days said child or children serve as Pages of the General Assembly of Georgia shall be credited as present by the school in which child or children is enrolled. The school authorities of said county shall be notified of this action. Approved April 5, 1961.

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ESTABLISHMENT OF BRANCH POST OFFICE IN THE CAPITOL HILL AREA URGED. No. 79 (House Resolution No. 222). A Resolution. Urging the Postmaster General of the United States to take action necessary to establish and maintain a branch post office in the Capitol Hill area of Atlanta; to request the members of the Georgia congressional delegation to take action to assist in effectuating the purposes of this Resolution; and for other purposes. Whereas, departments of the government of the State of Georgia, having principal offices in the State Capitol and in nearby office buildings located on Capitol Hill in Atlanta, are now regularly required to deliver large quantities of United States mail a considerable distance to the Atlanta Post Office, at the expense of the State of Georgia; and Whereas, the said Capitol Hill area is also the site of numerous offices and departments of the city and county governments, and a heavy concentration of private industrial establishments; and Whereas, the many employees in the area, who find it extremely difficult to accommodate their personal postal service needs under present circumstances, would extensively utilize the services of a branch post office; and Whereas, the volume of mail dispatched and received by occupants of the Capitol Hill area would fully justify the establishment of a branch post office. Now, therefore, be it resolved by the General Assembly of the State of Georgia that we respectfully request and urge the Postmaster General of the United States to take action necessary to establish and maintain a branch post office in the Capitol Hill area in Atlanta, Georgia.

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Be it further resolved that we respectfully request the members of the Georgia delegation in the United States Congress to take appropriate action to assist in effectuating the purposes of this Resolution. Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolution to the Postmaster General of the United States, to the Postmaster of Atlanta, Georgia, and to each member of the Georgia delegation in the United States Senate and the United States House of Representatives. Approved April 5, 1961. EYE BANKS. No. 526 (House Bill No. 326). An Act to define eye banks; to make provisions as to who shall establish eye banks and the purposes thereof; to authorize the establishment and operation thereof; to provide for the donation by living persons of the eyes or parts thereof of such persons to eye banks to be effective upon the death of the donor; to provide a means of making such donations; to provide a means of revoking such donations; to authorize the extraction, removal, care, preservation, storage and use of such eyes or parts thereof upon the death of donor; to provide that the person or persons removing such donated eyes shall receive no compensation therefor other than such lawful fee as may be authorized by the sponsoring group of such eye bank; to relieve persons operating eye banks, persons extracting or removing donated eyes, and persons having custody or control of deceased donor's body of any criminal or civil liability for the removal of eyes donated and removed in accordance with the provisions of this Act; to relieve the donor and such donor's estate of any cost or expense connected with the extraction, removal,

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storage or use of such donated eye or parts thereof; to provide that the State Board of Health shall approve or disapprove the request of any person or groups of persons desiring to operate an eye bank and exercise such control, inspection and supervision of established eye banks as the State Board of Health determines to be proper; to provide that the State Board of Health shall have power and authority to terminate for good cause the authority of any person or groups of persons to maintain and operate an eye bank; to empower the State Board of Health to delegate to the Director of the Department of Public Health the authority to carry out the duties and responsibilities of the State Board of Health in this Act; to make it unlawful and to provide a penalty for any person to sell eyes or any parts thereof or to receive remuneration in connection with the giving of an eye or parts thereof; to make it unlawful for any person connected with the operation of an eye bank to knowingly extract, remove or take possession of any human eye or parts thereof for which any person has received compensation or remuneration; to make it unlawful for any person extracting or removing donated eyes or parts thereof to receive any remuneration in excess of that established by the person or persons operating the donee eye bank and authorizing the extraction or removal of such eyes or parts thereof; and to make it unlawful for any person to establish or operate an eye bank contrary to the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions (a) The term eye bank as used herein shall mean facilities maintained and operated for the extraction, removal, care, storage, preservation and use of human eyes or parts thereof for purposes of sight preservation or restoration, or for medical education or instructions pertaining to sight preservation or restoration, which facilities are operated by and under the supervision of persons who are at the same time operating a hospital for the care of human beings or a

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medical school for instruction in the medical care of human beings. (b) The term person or persons shall mean any individual, firm, partnership, corporation, trustee, association or combination thereof. Section 2. Persons who may operate an eye bank. Any person or persons operating a hospital for the care of human beings or a medical school for instruction in the medical care of human beings, acting alone or in conjunction with other charitable organizations, may establish and maintain an eye bank in such hospital or medical school for the extraction, removal, care, preservation, storage and use of human eyes or parts thereof for purposes of sight preservation or restoration or medical education or instruction pertaining to sight preservation or restoration upon such hospital or medical school being approved for the establishment of an eye bank by the State Board of Health. Upon the establishment of an eye bank as herein authorized such persons may then begin the extraction, removal, care, preservation, storage and use of human eyes or parts thereof for any of the herein purposes for which eye banks may be established. Section 3. Who may donate eyes or parts thereof. Any person of legal age and of sound mind may donate such person's eyes or any part thereof to any eye bank established in accordance with the provisions of this Act and provided such person receives no remuneration or other thing of value for such disposition and provided such donation is for the purposes for which eye banks may be established under this Act. Section 4. Method of donation and revocation thereof. (a) Such donation of eyes or parts thereof shall be made effective by filing with the parties maintaining the donee eye bank a written instrument showing the donor's intention to make such donation and designating the donee eye bank, which statement shall be signed by the donor in the presence of two (2) witnesses who shall

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witness to the fact that the same was signed by the donor in the presence of the witness. (b) Any donor may revoke any donation of such person's eyes or parts thereof at any time by delivering prior to donor's death to the parties maintaining the donee eye bank a written instrument showing the intention to revoke such donation executed in the same manner as the instrument making the original donation. It shall be the duty of the parties maintaining said donee eye bank to acknowledge receipt of said revocation instrument from said donor within a period of ten (10) days following the receipt thereof. Section 5. Persons authorized to extract eyes, compensation therefor, non liability of such persons, and non liability of persons having custody or control of deceased donor's body. (a) Upon the death of any donor the parties holding donor's unrevoked instrument of donation and maintaining and operating the donee eye bank may authorize any physician or other qualified person to extract and remove such donated eyes or parts thereof for said eye bank in accordance with sound medical practices. (b) The person or persons extracting and removing said donated eyes or parts thereof shall receive no compensation for such services other than those established and approved by the persons maintaining and operating said eye bank. (c) Neither persons maintaining and operating eye banks nor their agents nor persons having custody or control of deceased donor's body shall be liable criminally or civilly to any person or any person's estate for the removal of eyes or parts thereof donated and removed in accordance with the provisions of this Act. Section 6. Donor and donor's estate relieved of liability. In no event shall any donor or donor's estate incur any liability or be liable for any expense connected with or resulting from the donation, extraction, removal,

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care, preservation, storage or use of such donor's eyes or parts thereof. Section 7. Powers of the State Board of Health .The State Board of Health is hereby empowered to approve or disapprove the establishment of an eye bank by any group desiring to establish same, to exercise such control, inspection and supervision of established eye banks as the State Board of Health determines to be proper, to terminate for good cause the approval of any person or persons to maintain and operate an eye bank, and the State Board of Health is further empowered to delegate to the Director of the Department of Public Health the authority to carry out the duties and responsibilities of the State Board of Health herein provided for. Section 8. No provisions of this Act shall affect existing laws .No provision of this Act shall affect, interfere with or change presently existing methods of the medical or scientific operation, treatment, examination or instructions pertaining to the eyes of human beings as the same is now carried on in the hospitals or medical schools of this State. Section 9. Unlawful acts and misdemeanors .(a) It shall be unlawful and punishable as a misdemeanor for any person to sell either such person's eyes or parts thereof or the eyes or any parts thereof of another person or to receive any remuneration for the giving of a human eye or any part thereof. (b) It shall be unlawful and punishable as a misdemeanor for the person or persons operating and maintaining any eye bank to sell any donated eye or donated part thereof or to knowingly extract, remove or take possession of any human eye or part thereof for which any person received compensation or remuneration. (c) It shall be unlawful and punishable as a misdemeanor for any person or persons removing donated eyes or parts thereof to receive any compensation or remuneration

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therefor in excess of the compensation established and approved by the person or persons operating the donee eye bank and authorizing the extraction or removal of such eyes or parts thereof. (d) It shall be unlawful and punishable as a misdemeanor for any person or persons to establish or operate any eye bank without approval of the State Department of Public Health, or otherwise not in accordance with the provisions of this Act. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1961. STATE OFFICE BUILDING AUTHORITY. No. 527 (House Bill No. 377). An Act to amend an Act known as the State Office Building Authority Act approved February 21, 1951, (Ga. L. 1951, p. 699) as amended by an Act approved March 2, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 355), an Act approved March 7, 1955, (Ga. L. 1955, p. 585) and an Act approved March 7, 1960, (Ga. L. 1960, p. 192), so as to clarify the definition of the word project; to clarify the definition of the word self-liquidating; to increase the amount for which revenue bonds may be issued; to provide that any governmental subdivision of the State, or other person, firm, or corporation shall pay to the Authority fixed rentals and other charges for the use of projects; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as State Office Building Authority Act approved February 21, 1951, (Ga. L. 1951, p. 699) as amended by an Act approved March

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2, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 355) and Act approved March 7, 1955, (Ga. L. 1955, p. 585) and an Act approved March 7, 1960, (Ga. L. 1960, p. 192) is hereby amended, striking from section 3, subsection (b), the following language Provided that such parks and parking facilities hereby authorized shall be leased by the State Office Building Authority to private operators in terms of five year periods, the lease price to be determined by competitive sealed bids. so that when so amended section 3 (b) shall read as follows: Parks and parking facilities leases. (b) The word project shall be deemed to mean and include one or a combination of two or more of the following: Buildings and facilities intended for use as offices and related uses, and all structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, commission or agency of the State of Georgia. The word project shall also be deemed to mean and include public parks and public parking facilities adjacent to the State Capitol other than the facilities within or connected to State owned or leased buildings. Section 2. Said Act is further amended by striking from section 3, subsection (e), the words to a State agency or agencies so that when so amended section 3(e) shall read as follows: (e) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the authority, the revenues to be derived by the Authority from rentals of said project or projects 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 projects. Self-liquidating projects. Section 3. Said Act is further amended by striking from section 5, the figures $14,000,000 and substituting in lieu thereof the figures $18,000,000 so that when so amended section 5 shall read as follows:

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The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed $18,000,000 outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest obtainable rate, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Bonds, limit. Section 4. Said Act is further amended by inserting after the words State of Georgia in the fourth line of section 27 of said Act, the words governmental subdivisions thereof, or other persons, firms, or corporation, so that when so amended section 27 shall read as follows: The Authority is hereby authorized to fix rentals and other charges, which any department, board, commission or agency of the State of Georgia, governmental subdivisions thereof, or other persons, firms, or corporations, shall pay to the Authority for the use of each project, or part thereof or combination of projects and to charge, and collect, the same and to lease and make contracts with any department board, commission or agency of the State of Georgia with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the

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cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. Rentals. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1961. URGING AN INCREASE IN THE MINIMUM WAGE OF EMPLOYEES OF THE STATE HIGHWAY DEPARTMENT. No. 81 (House Resolution No. 138). A Resolution. Pleading with the State Highway Department to establish a minimum wage for employees of one ($1.00) dollar per hour; and for other purposes. Whereas, the cost of living has increased considerably since the last wage adjustment for State Highway employees; and Whereas, the employees of the maintenance crews of the State Highway Department work long hours in all types of weather so that the citizens of the State of Georgia and tourists from other States can travel over highways that are beautiful, picturesque and scenic, and over roads that are smooth and safe; and Whereas, because of the increase in traffic fatalities throughout the nation and in our own State, it is

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imperative that we maintain the best possible driving conditions for everyone so that the lives of our fine citizenry can be preserved; and Whereas, in order to maintain these good driving conditions we must employ persons who are industrious, willing, competent and able bodied to work roads and highways; and Whereas, any employee who is drawing a meager wage of only 75 an hour or 85 an hour, and especially one who has other loved ones such as elderly parents, dear wives, and small infants dependent upon him for their existence, cannot provide a very good standard of living either for himself or his loved ones; and Whereas, the federal government has established a minimum wage of $1.00, which has been in effect for several years and is anticipating setting a minimum wage of $1.25 in the near future; and Whereas, the elected officials of the Sovereign State of Georgia are extremely interested and concerned in the welfare of their constituents who are employed by the State Highway Department; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department be urged, beseeched, encouraged and pleaded with to establish a minimum wage of $1.00 per hour for all employees of the State Highway Department. Approved April 10, 1961.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1961 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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EDUCATIONFREEDOM FROM COMPULSORY ASSOCIATION, TAXATION. Proposed Amendment to the Constitution. No. 1 (House Resolution No. 69-174). A Resolution. Proposing an amendment to the Constitution so as to declare that freedom from compulsory association at all levels of public education shall be preserved inviolate, and to authorize the General Assembly to provide funds for an adequate education for the citizens of Georgia; 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 VIII, Sec. XIII of the Constitution of Georgia is hereby amended by adding thereto a new paragraph to be known as Paragraph II to read as follows: Paragraph II. Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to preserve inviolate freedom from compulsory association at all levels of public education and to require the General Assembly to provide funds for an adequate education for the citizens of Georgia. Against ratification of amendment to the Constitution so as to preserve inviolate freedom from compulsory association at all levels of public education and to require the General Assembly to provide funds for an adequate education for the citizens of Georgia. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of States to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved January 31, 1961.

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CAMDEN COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 2 (House Resolution No. 41-99). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Camden County, Georgia, by the people; to re-district the county into four education districts; to provide for a member of the Board of Education from each education district and for a member at large; to provide for election of all members of the Camden County Board of Education by the voters of the entire county; to provide for the terms of office of the members of the Board of Education; to provide for an election to be held subsequent to the ratification of this amendment; to provide for the submission of this amendment for ratification or rejection to the people of Camden County; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution relating to county boards of education, is hereby amended by adding at the end thereof the following: The Board of Education of Camden County shall be composed of five members, to be elected as hereinafter provided. For the purpose of electing such members, Camden County is hereby divided into four education districts. Education district No. 1 shall be composed of militia district No. 29 (St. Marys). Education district No. 2 shall be composed of militia district No. 1606 (Kingsland) and militia district No. 32 (Browntown). Education district No. 3 shall be composed of militia district No. 31 (Woodbine). Education district No. 4 shall be composed of militia district No. 33 (Waverly), militia district No. 270 (Tarboro) and militia district No. 30 (Mid River). Districts.

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The Board of Education of Camden County shall be composed of one member from each of the education districts and one member from the county at large. Any person offering as a candidate to represent an education district on the Board must be a resident of the district from which he offers. The fifth member may be elected from any education district in the county. All of the members of the Board of Education shall be elected by the voters of the entire county. Any person offering as a candidate for the County Board of Education shall declare at the time he qualifies whether he is offering as a candidate to represent his education district or whether he is offering as a candidate on the board as a member from the county at large. Members. In the event this amendment is ratified, it shall be the duty of the Ordinary of Camden County to issue the call for an election, which call shall be issued at least thirty (30) days prior to the date of such election. The Ordinary shall set the date for such election for a day between the 10th and 20th days of December, inclusive, in the year 1962. Such election shall be for the purpose of electing the first members of the Board of Education of Camden County created under this amendment. It shall be the duty of the Ordinary to publish the date of the election, the purpose, thereof, and a brief explanation of the voting procedures at least once preceding the day of the election, in the official organ of Camden County. The members elected at such election shall take office January 1, 1963 for a term of two (2) years. All future members shall be elected for a term of two (2) years and until their successors are duly elected and qualified. All future elections shall be held on the same day as members of the Board of Commissioners of Roads and Revenue for Camden County are elected, and the members elected shall take office on the 1st day of January immediately following their election. Elections, terms. At the first meeting in January, 1963 and at the first meeting in January each two years thereafter, the

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members of the Board shall elect a chairman to serve as such for the next two years thereafter. Any member of the Board shall be eligible to succeed himself as chairman. In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term. Chairman. In the event a person who represents an education district moves his residence from such district, a vacancy shall exist from such district. Vacancies. The Board of Education of Camden County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1962, and the terms of all members of such Board shall expire on such date. Present Board. The Camden County Board of Education, as provided herein, shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment. Intent. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section L, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of an amendment to the Constitution so as to provide for the election of members of the Board of Education of Camden County by the people.

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Against ratification of an amendment to the Constitution so as to provide for the election of members of the Board of Education of Camden County by the people. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved February 27, 1961. GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. (House Resolution No. 230-668). A Resolution. Proposing to the qualified voters an amendment to Article VII, Section V, Paragraph I of the Constitution of the State of Georgia by adding, at the end thereof, a new paragraph, creating the Gainesville and Hall County Development Authority as a constitutional authority and public corporation, providing for the appointment, eligibility and tenure of members and officers and conferring on the General Assembly the authority to prescribe by law additional powers and duties for said

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authority; providing for the submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section V, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof a new paragraph which shall read as follows, to-wit: There is hereby created a body corporate and politic to be known as the `Gainesville and Hall County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Hall County and the corporate limits of the City of Gainesville. The County of Hall and the City of Gainesville may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The Authority shall consist of nine members, four to be appointed by the Commissioners of Hall County and four to be appointed by the Commissioners of the City of Gainesville and one appointed by the eight members of the within authority, who shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority of the County of Hall and the City of Gainesville. Members of the Authority shall be residents of Hall County, within or without any municipality located therein. The first appointments shall be for terms of one, two, three, and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. Terms.

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All debentures and revenue anticipation certificates issued by the Authority, shall be exempt from State and local taxation. Bonds. Said Authority is created for the purpose of developing and promoting, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion, and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Hall, or any municipality therein. The Authority is created for nonprofit purposes, and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. Purpose. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitted for the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia, creating the Gainesville and Hall County Development Authority.

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Against ratification of amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia, creating the Gainesville and Hall County Development Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If a majority of the persons voting in a General Election in Hall County shall vote for ratification thereof, this amendment shall become a part of the Constitution of the State of Georgia. The returns of the elections shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. CHATHAM COUNTYTAX EXEMPTIONS AUTHORIZED. Proposed Amendment to the Constitution. (Senate Resolution No. 8). A Resolution. Proposing to the qualified voters of Chatham County, an amendment to Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia incorporated in the Code of Georgia, 1933, as Section 2-5404, for the purpose of encouraging the industrial growth and expansion of Chatham County and the several municipalities and/or political subdivisions of

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the state located in Chatham County, by authorizing the governing bodies of Chatham County and each of said political subdivisions located in Chatham County to exempt from ad valorem taxation, the capital improvements of new industries and business and the capital improvements constructed by future expansion of industries and businesses, not including the land on which such improvements may be located for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such industries and businesses to the state of Georgia on their capital improvements or expansions thereof, and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia; That Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia and incorporated in the Code of the State of Georgia, 1933 as Code Section 2-5404, be and the same is hereby amended by adding at the end thereof, the following paragraph to be known as Paragraph IV (a). Section 2-5404. Paragraph IV (a). For the purposes of this Amendment, the term `governing bodies' shall be deemed to mean and include the Commissioners of Chatham County and the Ex-Officio Judges thereof, and the `governing bodies' of every municipality and/or political subdivision of this State located wholly within Chatham County. Definitions. The term `capital improvements' shall mean the total valuation of all buildings, equipment and machinery constructed and installed by new industries and businesses on land located in Chatham County or within the limits of any municipality or political subdivision in Chatham County, excluding the valuation of land on which said improvements may be located. Said `governing bodies' may from and after the adoption of this Amendment to the Constitution, exempt from all ad valorem taxation, the capital improvements of new industries and businesses and the capital improvements constructed by future expansion of industries and businesses

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not including the land on which such improvements may be located for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such industries and businesses to the State of Georgia on their capital improvements or expansions thereof. Tax exemptions. The `governing body' of Chatham County and the `governing bodies' of all municipalities and/or political subdivisions in Chatham County, may also in their discretion, designate either by Resolution or by Ordinance, additional industrial areas within Chatham County which shall upon being so designated, come within the provisions of Article VII, Section I, Paragraph 3A, of the Constitution of the State of Georgia and shall receive all the benefits accruing thereunder without discrimination. The `governing body' of Chatham County and the `governing bodies' of all municipalities located herein are authorized to enact Ordinances and/or Resolutions to effectually comply with the provisions of this Amendment. Section II. Be it further resolved by the General Assembly that when said Amendment shall be agreed to by a two-thirds voter of the members elected to each House of the General Assembly, said Amendment shall be entered on their journals with the yeas and nays taken thereon and shall, by the Governor, be published in one newspaper in the County of Chatham for two months previous to the time of holding the next general election and shall be submitted to the people of Chatham County and of the several municipalities located therein and named herein at the next general election. All persons voting in said election in favor of adopting said proposed Amendment to the constitution shall have written or printed on their ballots For ratification of Amendment to Article 7, Section 1, Paragraph IV of the constitution of Georgia authorizing the governing bodies in Chatham County to create tax exemptions for promotion of growth and expansion, and all persons opposed to the adoption of said Amendment shall have written or printed on their ballots Against ratification of Amendment to

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Article 7, Section 1, Paragraph IV of the Constitution of Georgia authorizing the governing bodies in Chatham County to create tax exemptions for promotion of growth and expansion. If a majority of the electors voting therein in Chatham County as a whole shall vote for ratification thereof, when the returns shall be consolidated as required by law for election of members of the General Assembly, the said Amendment shall become a part of Article 7, Section 1, Paragraph IV of the Constitution of the State, and the Governor shall make his proclamation thereof. CRISP COUNTYREVENUE BONDS. Proposed Amendment to the Constitution. (House Resolution No. 162-453). A Resolution. Proposing to the qualified voters of Crisp County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Crisp County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following: Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by

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Crisp County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full. Bonds. The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted to the voters as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Crisp County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Crisp County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. If a majority of the electors or said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor shall issue his proclamation thereon.

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CITY OF CORDELEREVENUE BONDS Proposed Amendment to the Constitution. (Senate Resolution No. 36). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: Revenue anticipation obligations, herein called revenue bonds, may be issued by the City of Cordele, herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have paid in full. Bonds. The revenue bonds shall be payable, as to principal and interest, only from revenue received from

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such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. Against ratification of an amendment to the Constitution so as to authorize the City of Cordele to issue

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revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. BIBB COUNTYBUSINESS LICENSES, REGULATIONS. Proposed Amendment to the Constitution. (House Resolution No. 130-383). A Resolution. Proposing to the qualified voters of Bibb County an amendment to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, and as the same has been heretofore, or may be, contemporaneously with the ratification hereof, amended, so as to authorize the governing authority of Bibb County to assess and collect license fees and taxes, both or either, from all persons, firms and corporations conducting business in any area of Bibb County outside the incorporated limits of municipalities, and to classify the same using therefor any reasonable factors of classification, including gross and net receipts, either or both; and authority to said governing authority to

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prescribe and enforce regulations concerning the same; to provide for the lien and collection of any such license fee or tax and the punishment for failure to pay any such license fee or tax or the violation of any such regulation; to provide for submission of this amendment for ratification or rejection by the qualified voters of Bibb County; and for other purposes. Be it resolved by the General Assembly of Georgia, and it is so resolved by authority of the same: Section 1. That Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, and as the same has been heretofore amended or may, contemporaneously with the ratification hereof, be amended, is hereby further amended by adding, at the end thereof, the following: Provided, however, that, in the interest of the welfare of Bibb County and its inhabitants, the governing authority of Bibb County may, in its discretion and from time to time, and without further authority than provided hereby and by ratification hereof: Prescribe, levy, assess and collect license fees and taxes, either or both, against and from all persons, firm and corporations, (except those subject to regulation by the State Public Service Commission), conducting business in any area of Bibb County outside the incorporated limits of municipalities, make classifications of the same and apply to such classifications different and varying license fees and taxes, using for any such classifications any reasonable factors, including the gross and net receipts, either or both, of any such business enterprise; Business licenses. Prescribe and enforce regulations concerning any of the aforesaid business enterprises or classifications of the same and the persons, firms and corporations conducting the same. Regulations. Any such license tax and fee shall, from the time

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it is prescribed, be a lien upon the assets and properties of the business to which it is applicable, and may be collected in the same manner as provided by law for the collection of ad valorem taxes due to Bibb County. Any person, firm or corporation violating any applicable regulation prescribed or failing to pay any applicable license fee or tax shall be subject to prosecution and punishment, as for a misdemeanor, in the City Court of Macon. Section 2. Be it further resolved that when the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to authorize the governing authority of Bibb County to levy and collect business license taxes and fees and prescribe and enforce regulations, within that area of Bibb County lying outside the corporate limits of any municipality. Against ratification of amendment to the Constitution so as to authorize the governing authority of Bibb County to levy and collect business license taxes and fees and prescribe and enforce regulations, within that area of Bibb County lying outside the corporate limits of any municipality. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon and thereof. PEACE OFFICERS SUBSISTENCE ALLOWANCE NOT TAXABLE AS INCOME. Proposed Amendment to the Constitution. (Senate Resolution No. 10). A Resolution. Proposing an amendment to the Constitution so as to provide that certain compensation of peace officers shall be deemed to be a subsistence allowance; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The sum of five dollars ($5.00) per day of the compensation paid to each peace officer employed by the State of Georgia, or by any municipality, county or other political subdivision thereof, shall be deemed to be, and is hereby declared to be a subsistence allowance, and shall not be taxable as income. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

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branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of an amendment to the Constitution so as to provide that certain compensation of peace officers shall be deemed to be a subsistence allowance. Against ratification of an amendment to the Constitution so as to provide that certain compensation of peace officers shall be deemed to be a subsistence allowance. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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CALHOUN COUNTYREVENUE BONDS. Proposed Amendment to the Constitution. (Senate Resolution No. 11). A Resolution. Proposing to the qualified voters of Calhoun County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Calhoun County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following: Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Calhoun County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full. Bonds. The revenue bonds shall be payable, as to principal

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and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligations such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted to the voters as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Calhoun County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. Against ratification of amendment to Article VII,

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Section VII, Paragraph V, of the Constitution authorizing Calhoun County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor shall issue his proclamation thereon. BAKER COUNTYBOARD OF EDUCATION. Proposed Amendment to the Constitution. (House Resolution No. 172-511). A Resolution. Proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Baker County shall be elected from districts, but by the voters of the entire county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, as amended, by an amendment applicable to Baker County, ratified at the General Election in 1954 and found in Georgia Laws 1953, Jan.-Feb. Sess., p. 298, and by a further amendment applicable to Baker County, ratified at the General Election in 1960 and found in Georgia Laws 1959, p. 451, is hereby amended

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by striking from aforesaid amendments, applicable to Baker County the following: One member from each of these districts shall be elected to serve on said board, and only the registered and qualified voters in each district shall vote for the election of a member from that district, a majority vote being necessary for election. Within thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Baker County to issue a call for an election be held not less than twenty nor more than thirty days thereafter, for the purpose of electing by the qualified voters in each school district a member of the county board of education from that district. Should a vacancy occur in the office of any member, the ordinary shall, within twenty days, issue a call for a special election to be held not less than twenty nor more than thirty days thereafter for a successor to be elected by the registered and qualified voters of the district. and inserting in lieu thereof the following: One member from each of the above districts shall be elected to serve on said board, but shall be elected by the voters of the entire county. Should a vacancy occur in the office of any member, the ordinary within twenty days shall issue a call for a special election to be held not less than twenty nor more than thirty days after the date of the issuance of the call for a person to be elected from the district in which the vacancy occurs, and such person shall be elected by the voters of the entire county and shall be elected to serve the unexpired term. so that when so amended, the amendments applicable to Baker County shall read as follows: The members of the County Board of Education of Baker County shall be elected by the people at the same time and for the same term that other county officers of Baker County are elected, and shall hold

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their offices until their successors are elected and qualified. The County of Baker shall be, and the same is hereby, divided into five school districts to be known and comprised as follows: The First School District to be composed of the 971st or Newton District, which district shall also include the Hardup District; the Second School District to be composed of the 957th or Milford District; the Third School District to be composed of the 1183rd or Haggards Mills District; the Fourth School District to be composed of the 1722nd or Elmodel District; and the Fifth School District to be composed of the 1680th or Anna District. One member from each of the above districts shall be elected to serve on said board, but shall be elected by the voters of the entire county. Should a vacancy occur in the office of any member, the ordinary within twenty days shall issue a call for a special election to be held not less than twenty nor more than thirty days after the date of the issuance of the call for a person to be elected from the district in which the vacancy occurs, and such person shall be elected by the voters of the entire county and shall be elected to serve the unexpired term. The five-member county board of education shall have the same powers and duties as the present board and shall elect its own chairman. To be eligible to hold office as a member of the County Board of Education of Baker County, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of the English education, be favorable to the common school system, and be qualified to vote for Members of the General Assembly. Any person, in order to be eligible to hold office as a member of the Board of Education of Baker County, must be a freeholder in the district which he seeks to represent. Any member of the Board who shall remove his residence from the school district from which he was elected shall cease to be a member of the Board and a vacancy shall immediately occur, which shall be filled in the manner hereinbefore provided. Elections of members. Section 2. When the above proposed amendment

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to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereof, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of an amendment to the Constitution so as to provide that the members of the Board of Education of Baker County shall be elected from districts, but by the voters of the entire county. Against ratification of an amendment to the Constitution so as to provide that the members of the Board of Education of Baker County shall be elected from districts, but by the voters of the entire county. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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ROCKDALE COUNTYORDINANCES FOR POLICING COUNTY. Proposed Amendment to the Constitution. (House Resolution No. 78-226). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Rockdale County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in the said governing authority and to provide penalties for violation of such ordinances; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VI, Section I of the Constitution of the State of Georgia of 1945 be, and the same is hereby, amended by adding a new paragraph, which shall read as follows: The General Assembly of the State of Georgia is hereby Authorized to empower the governing authority of Rockdale County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in the said governing authority of Rockdale County, Georgia, and to provide penalties for violations of such ordinances. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

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branches of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of Rockdale County and enforcement of County ordinances. Against ratification of amendment to the Constitution to provide for the adoption of ordinances for policing Rockdale County and enforcement of County ordinances. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the results to the Governor, who shall issue his proclamation thereon.

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TURNER COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. (House Resolution No. 80-249). A Resolution. Proposing an amendment to the Constitution so as to create the Turner County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Turner County to be known as the Turner County Development Authority, which shall be an instrumentality of Turner County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of five members. The President of the Turner County Chamber of Commerce, the Mayor of Ashburn, and the Chairman of the Turner County Board of Commissioners shall be ex officio members of the Authority. In addition the Board of Commissioners of Roads and Revenues of Turner County shall appoint two members who shall serve for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

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C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Turner County. Members, quorum, etc. Property. D. The powers of the Authority shall include but not be limited to, the power: Powers. (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Turner County; (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Turner County which in the judgment of the Authority will be of benefit to the people of said county. The provisions of this clause shall not be construed to limit any other powers of the Authority; (4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (5) To contract with Turner County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name; (6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

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(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Turner County, and to make long range plans therefor; (8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political sub-divisions may be invested; (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Turner County; Debts. F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; Torts. G. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. `H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Turner County is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenues Certificates, thus issued, shall be paid from the income of the Authority. Bonds.

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I. The Commissioners of Roads and Revenues of Turner County are authorized to appropriate to the Authority such amount from its funds each year as it shall see ift, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law; Funds. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation; Property. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Turner County and its citizens, industry, agriculture and trade within the County of Turner, and making long-range plans for such development and expansion and to authorize the use of public funds of Turner County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; Intent. L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation; Effective date. M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Turner County, and the scope of its operations shall be limited to the territory embraced within Turner County. The General

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Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Turner County. General Assembly. N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Turner County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to create the Turner County Development Authority. Against ratification of amendment to the Constitution so as to create the Turner County Development Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and

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it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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APPELLATE COURTS SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice T. GRADY HEAD Presiding Justice T. S. CANDLER Associate Justice BOND ALMAND Associate Justice CARLTON MOBLEY Associate Justice JOSEPH D. QUILLIAN Associate Justice BENNING M. GRICE Associate Justice ROBERT H. BRINSON, JR. Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant CICERO GARNER, JR. Law Assistant J. GRIFFIN PATRICK, JR. Law Assistant W. NOLAN MURRAH Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant MISS KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter A. BROADUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge J. M. C. TOWNSEND Presiding Judge IRA CARLISLE Presiding Judge H. E. NICHOLS Judge JOHN SAMMONS BELL Judge JOHN E. FRANKUM Judge ROBERT H. JORDAN Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge CHARLES N. HOOPER Law Assistant MRS. ALFREDDA WILKERSON Law Assistant H. GRADY ALMAND Law Assistant BEN ESTES Law Assistant E. BYRON HILLEY Law Assistant A. SIDNEY PARKER Law Assistant ROY M. THORNTON, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant MORGAN THOMAS Clerk RALPH E. CARLISLE Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter CHARLES W. BALDWIN Sheriff

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SUPERIOR COURT CALENDAR FOR 1961 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Rt. 1, Nashville. VICKERS NEUGENT, Solicitor-General, Austin St., Pearson. AtkinsonThird Mondays in February and July, and fourth Monday in October. BerrienSecond and third Mondays in May; first and second Mondays in September; second Mondays in March and December. ClinchFirst Mondays in March and October, and fourth Monday in June. CookFirst and second Mondays in February, May, August, and November. LanierFourth Mondays in February, May, August, and November. ALBANY CIRCUIT. HON. CARL E. CROW, Judge, Camilla. MASTON E. O'NEAL, Solicitor-General, Bainbridge. BakerThird Mondays in January and July. CalhounFirst Mondays in June and December. DecaturFirst Mondays in May and November. DoughertyThird Mondays in March and September. GradyFirst Mondays in March and September. MitchellSecond Mondays in January, April, July and October. ATLANTA CIRCUIT. HONS. VIRLYN B. MOORE, LUTHER ALVERSON, E. E. ANDREWS, RALPH PHARR, GEORGE P. WHITMAN, SR., JESSE M. WOOD, CLAUDE D. SHAW, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, Judges, Atlanta. PAUL WEBB, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

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ATLANTIC CIRCUIT. HON. HENRY H. DURRENCE, Judge, Claxton. BRUCE D. DUBBERLY, Solicitor-General, Glennville. BryanThird Monday in March and first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May, second Monday in September, and first Monday in December. TattnallThird Mondays in April and October. AUGUSTA CIRCUIT. HONS. GROVER C. ANDERSON, Waynesboro; F. FREDERICK KENNEDY, Augusta; JOHN F. HARDIN, Augusta (effective 8-1-61), Judges. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Mondays in May and November. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. HON. SAM P. BURTZ, Judge, Canton. JESS H. WATSON, Solicitor-General, Cumming. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninFourth Mondays in April and August; first Monday in December. ForsythFourth Mondays in March and July, and third Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensFirst Monday in April, and fourth Monday in September.

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BRUNSWICK CIRCUIT. HON. DOUGLAS F. THOMAS, Judge, Jesup. JACK W. BALLENGER, Solicitor-General, RFD 2, Baxley. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Mondays in April and November; third Monday in June. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst Mondays in March, June, and December, and fourth Monday in September. WayneThird and fourth Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HONS. HUBERT CALHOUN, J. R. THOMPSON, Judges, Columbus. JOHN H. LAND, Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisThird and fourth Mondays in January and July. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, April, June, August, October and December. TalbotSecond Mondays in March and November; third Monday in August. TaylorFirst and second Mondays in January and July. CHEROKEE CIRCUIT. HON. JEFFERSON L. DAVIS, Judge, Cartersville. TOM POPE, Solicitor-General, Dalton. BartowFirst Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November. MurrayThird Mondays in February and August; second Mondays in May and November. WhitfieldSecond Mondays in January and July; first Mondays in April and October.

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CLAYTON CIRCUIT. HON. HAROLD R. BANKE, Judge, Rt. 1, Forest Park. D. M. JOHNSON, Solicitor-General, Forest Park. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HON. JAMES T. MANNING, Marietta; ALBERT J. HENDERSON, JR., Marietta, Judges. LUTHER C. HAMES, JR., Solicitor-General, Marietta. CobbSecond Mondays in February, April, June, August, October, and first Monday in December. Effective May 1, 1961: Second Mondays in January, March, May, July, September and November. CORDELE CIRCUIT. HON. O. WENDELL HORNE, JR., Judge, Cordele. HARVEY L. JAY, Solicitor-General, Fitzgerald. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Mondays and the Mondays following, in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFirst Monday in March; fourth Mondays in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. LAMAR KNIGHT, Judge, Carrollton. WRIGHT LIPFORD, Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August, and November.

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DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, Dublin. W. W. LARSEN, JR., Solicitor-General, Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TreutlenThird Mondays in February and August. TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, EDWIN A. McWHORTER, B. B. HEERY, Judges, Savannah. ANDREW J. RYAN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. THOMAS J. BROWN, JR., Judge, McDonough. HUGH DORSEY SOSEBEE, Solicitor-General, Forsyth. ButtsFirst and second Mondays in February and November; first Monday in May; third and fourth Mondays in August. HenryThird and fourth Mondays in January, April, July, and October. LamarFirst and second Mondays in March, June, September, and December. MonroeThird and fourth Mondays in February, May and November, and first and second Mondays in August. GRIFFIN CIRCUIT. HON. JOHN H. McGEHEE, Judge, Thomaston. ANDREW J. WHALEN, JR., Solicitor-General, Griffin. FayetteFirst and second Mondays in March; and second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July, and first Monday in August. SpaldingFirst and second Mondays in February and October, and third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August, and first and second Mondays in November.

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GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. JACK HOLLAND, Solicitor-General, Ridgecrest Dr., Lawrenceville. Gwinnett: First Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HON. SAMUEL W. FARISS, Judge, LaFayette. EARL B. (BILL) SELF, Solicitor-General, Summerville. CatoosaFirst Mondays in February and August, and second Mondays in May and November. ChattoogaSecond Mondays in January, April, July and October. DadeThird Mondays in March, June and September, and second Monday in December. WalkerThird Mondays in February and August, and first Mondays in May and November. MACON CIRCUIT. HONS. OSCAR L. LONG, Macon; A. M. ANDERSON, Perry; HAL BELL, Macon, Judges. WILLIAM M. WEST, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. HoustonFirst Mondays in February, May, and November; third Monday in August. PeachFirst and second Mondays in March and August, and third and fourth Mondays in November. MIDDLE CIRCUIT. HON. ROBERT H. HUMPHREY, Judge, Swainsboro. WALTER C. McMILLAN, JR., Solicitor-General Sandersville. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

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MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, Toccoa. BEN F. CARR, Solicitor-General, Blairsville. HabershamFirst Mondays in March, June and November; second Monday in August. RabunFourth Mondays in February and August; second Monday in June; and first Monday in December. StephensSecond Mondays in January, April, July, October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. Non-Jury: First Mondays in January and July. NORTHEASTERN CIRCUIT. HON. G. FRED KELLEY, Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Mondays in March and August. HallThird Mondays in January and July; first Mondays in May and November. LumpkinThird Mondays in March and September. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. CAREY SKELTON, Judge, Hartwell. CLETE D. JOHNSON, Solicitor-General, Royston. ElbertFirst Monday in March; second Monday in September. FranklinThird Mondays in January and October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and May; fourth Monday in August; second Monday in December. OglethorpeThird Monday in March; fourth Monday in September.

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OCMULGEE CIRCUIT. HON. GEORGE S. CARPENTER, Judge, Milledgeville. GEORGE D. LAWRENCE, Solicitor-General, Eatonton. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September; second Mondays in June and December. JasperSecond Mondays in February, August, and November. JonesFirst Mondays in February and August; third Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March, June, September and December. WilkinsonFirst Mondays in January, April, July, and October. OCONEE CIRCUIT. HON. JOHN WHALEY, Judge, McRae. ALBERT D. MULLIS, Solicitor-General, Eastman. BleckleyFirst Monday in March and second Mondays in July and November. DodgeSecond Monday in January; third Mondays in May, August, and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Mondays in June and December. TelfairFourth Mondays in February and June, and third and fourth Mondays in October. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT. HON. WALTON USHER, Judge, Guyton. COHEN ANDERSON, Solicitor-General, Statesboro. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.

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PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. JOE M. RAY, Solicitor-General, Cuthbert. ClayThird Mondays in March and November. EarlyThird Mondays in January and July. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleSecond Mondays in January and July. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. RICHARD B. RUSSELL, III, Judge, Winder. ALFRED A. QUILLIAN, Solicitor-General, Winder. BanksThird Monday in March; second Monday in November. BarrowThird and fourth Mondays in February and August; first Mondays in May and November. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. MACK G. HICKS, Judge, Rome. CHASTINE PARKER, SolicitorGeneral, Rome. FloydSecond Mondays in January, March, July, and September; and first Mondays in May and November. SOUTHERN CIRCUIT. HON. GEORGE R. LILLY, Judge, Quitman. BOB HUMPHREYS, SolicitorGeneral, Moultrie. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July, and October.

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SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, Americus. STEPHEN PACE, JR., SolicitorGeneral, Americus. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourth Mondays in May and November. WebsterFourth Mondays in January and July. STONE MOUNTAIN CIRCUIT. HONS. FRANK H. GUESS, Decatur; H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers, Judges. RICHARD BELL, SolicitorGeneral, Decatur. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, and third Mondays in March, July, and September. RockdaleThird Monday in January, and first Mondays in April, July, and October. TALLAPOOSA CIRCUIT. HON. W. A. FOSTER, JR., Judge, Dallas. DAN WINN, Solicitor-General, Cedartown. DouglasThird Mondays in March and September. HaralsonFourth Monday in April; second Monday in August; first Monday in December. Paulding: Second Monday in April; fourth Monday in July; second Monday in October. Polk: Fourth Mondays in February and August.

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TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in February and November, and first Monday in July. TiftFirst Mondays in March and September, and first and second Mondays in June and December. TurnerSecond and third Mondays in January and July, and second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. EARLE NORMAN, Judge, Washington. KENNETH E. GOOLSBY, Solicitor-General, Thomson. GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. McDuffieSecond Mondays in March, June, September, and December. TaliaferroFourth Mondays in February, May, August, and November. WarrenFirst Mondays in April, July and October, and third Monday in January. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. CECIL RODDENBERRY, Judge, Nahunta. DEWEY HAYES, Solicitor-General, Douglas. BaconFirst Mondays in February and August; fourth Monday in May; third Monday in November. BrantleyThird Mondays in January and September; first Monday in April; fourth Monday in November. CharltonFourth Mondays in March and September. CoffeeSecond and third Mondays in March and October; second Monday in June; first Tuesday after the first Monday in January. PierceSecond Monday in January; first Mondays in May and December; third Monday in August. WareFourth Mondays in January, April, July, and October.

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WESTERN CIRCUIT. HON. CARLISLE COBB, Judge, Athens. D. MARSHALL POLLOCK, Solicitor-General, Monroe. ClarkeSecond Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November.

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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Baker County Board of Education 618 Bibb County; business licenses, regulations 611 Calhoun County; revenue bonds 616 Camden County Board of Education 597 Chatham County; tax exemption authorized 603 City of Cordele; revenue bonds 609 Crisp County; revenue bonds 606 Freedom from compulsory association, taxation 595 Gainesville and Hall County Development Authority 600 Peace officers subsistence allowance not taxable as income 614 Rockdale County; ordinances for policing county 622 Turner County Development Authority 624 MEMORIALS AND REQUESTS TO CONGRESS. Protesting position of Federal Government condoning illegitimate births 231 Study of tariff rates by members from Georgia urged 577 CODE SECTIONS. 13-2002 AmendingBank directors 196 Chapter 19-2 AmendingCertiorari procedure 190 21-105 AmendingCoroners of certain counties (34,000-38,500) 2281 21-105 AmendingCoroners of certain counties (42,000-43,500) 194 21-105 AmendingCoroners of certain counties (135,000-140,000) 203 21-105 AmendingCoroners of certain counties (250,000-500,000) 153 23-1403 AmendingCounty police 217 24-901 AmendingJustice of the Peace Courts 479 24-2101 AmendingTerms of Courts of Ordinary 461 24-2715 AmendingDuplicate index books 116 24-2728 AmendingSuperior court clerks fees in certain counties (250,000-500,000) 423 24-2823 AmendingFeeding of prisoners in certain counties (250,000-500,000) 500 24-3103 AmendingCourt reporter of Piedmont Judicial Circuit 126 24-3501, 24-3502 AmendingCourt of Appeals 140 26-2620 AmendingReceiver of stolen goods 118 Chapter 26-45 AmendingEscape defined 556 26-4507 AmendingEscape 491 26-6908 AmendingFishing on the Sabbath 157 32-909 AmendingBoards of Education 35 32-910 AmendingHearings, etc. by Boards of Education 39 32-937 AmendingBoards of Education 35 32-937 AmendingMarried students attending public schools 201

Page 645

34-9936 EnactedSolicitation of votes near polling places 557 35-604 RepealingInspection of State Institutions 117 38-1501 AmendingWitness fees in certain counties (45,500-47,000) 494 40-504 AmendingCompensation of Secretary of State 66 40-901 AmendingState Treasurer's compensation 133 Chapter 42-1 AmendingDrug and Cosmetic Act 529 Chapter 42-6 RepealingMilk Products 501 42-9901 RepealingGeorgia Drug and Cosmetic Act 529 42-9914 RepealingMilk products 501 47-101 AmendingApportionment of House of Representatives 111 47-111 RepealingInspection of State Institutions 119 54-105 AmendingCompensation of Commissioner of Labor 185 56-1013 AmendingInvestments by insurers 458 57-118 EnactingInterest rates on loans to corporations 300 59-108 AmendingSelection of jurors in certain counties 134 67-103 AmendingMortgages by public utilities 468 68-206, 68-207 RepealingMotor vehicles 68 68-222 RepealingMotor vehicles 68 68-9904 RepealingMotor vehicles 68 77-103 AmendingFeeding of prisoners in certain counties (250,000-500,000) 500 Chapter 79-5 AmendingName changing 129 84-303 AmendingArchitects 462 84-317 RepealingArchitects 462 84-318 AmendingArchitects 462 84-1411, 84-1412 AmendingReal estate brokers and salesmen 498 87-301, 87-302 AmendingValidation of bonds 168 91-105 AmendingVending machines in State Capitol 218 91-804A AmendingDisposition of county owned property 195 92-3105 AmendingIncome tax 180 92-3109 AmendingIncome taxes 565 92-3110 AmendingIncome taxes 565 92-3120 AmendingIncome taxes 565 92-3402 EnactingEstate taxes 455 92-4003 EnactingMaps of municipalities 435 92-4101 AmendingNot applicable to City of Warwick 515 92-5301 AmendingTax collectors in certain counties (19,670-19,925) 442 92-5713 EnactingRelease of tax liens 160 92-6907 AmendingTax assessors 563 92-8428 EnactingRemittances to Revenue Department 445 Chapter 108-6 AmendingTrust estates 207 110-104 AmendingMotions for directed verdicts 216 113-1518 AmendingInvestments by executors, etc. 188 COURTS. COURT OF APPEALS. Additional judges 140

Page 646

SUPERIOR COURTS. Assistant solicitors-general and clerks in certain counties (135,000-140,000) 214 Atlanta Judicial Circuit; judges emeritus 183 Atlanta Judicial Circuit; salary of solicitor-general 484 Augusta Judicial Circuit; additional judge 60 Clerks fees in certain counties (150,000-175,000) 3021 Clerks fees in certain counties (250,000-500,000) 423 Cobb Judicial Circuit; compensation of assistant solicitor-general 553 Cobb Judicial Circuit; compensation of judges 115 Cobb Judicial Circuit; law books 2811 Cobb Judicial Circuit; terms of court 125 Compensation of judges in certain counties (42,000-43,500) 193 Court reporters expense and travel allowance 354 Coweta Judicial Circuit; salary of solicitor-general 25 Eastern Judicial Circuit; law books 2806 Gwinnett Judicial Circuit; law books 2807 Judges' bailiffs and secretaries in certain counties (115,000-140,000) 227 Judges' Emeritus Act; amended 64 , 429 Macon Judicial Circuit; law books 2795 Mountain Judicial Circuit; purchase of law books ratified 2805 Northern Judicial Circuit; compensation of judge 473 Northern Judicial Circuit; law books 2813 Piedmont Judicial Circuit; court reporter 126 Rome Judicial Circuit; salaries 49 Salaries of solicitors-general in certain counties (135,000-140,000) 225 Solicitors-general retirement fund Act amended 226 Southern Judicial Circuit; judges salary 41 Southern Judicial Circuit; salary of solicitor-general 492 Stone Mountain Judicial Circuit; reporter's salary 426 Tallapoosa Judicial Circuit; assistant solicitor-general 165 Tallapoosa Judicial Circuit; terms, grand juries 223 Use of microfilm photographic equipment by clerks of certain counties (50,000-75,000) 3136 Western Judicial Circuit; salary of solicitor-general 424 CITY COURTS. Athens; salaries 3139 Baxley; solicitor, juries 2003 Brunswick; bailiffs 2193 Carrollton; judge's salary 2980 Chattooga County; act amended 2766 Floyd; judge's salary 2106 Griffin; salaries of judge and solicitor 3410 Judges in certain city courts (6,200-6,220) 2031 Richmond; judge's salary 2643 Savannah; judge's salary 2411

Page 647

Secretaries to judges in certain counties (135,000-140,000) 2558 Springfield; judge's salary 2881 Springfield; rules of procedure, jury terms, etc. 2923 Statesboro; compensation of judge and solicitor 2190 Sylvania; salaries of judge and solicitor 2955 Thomasville; salary of solicitor-general 2098 Trial of traffic offenses in certain counties (62,000-70,000) 3437 CIVIL COURTS. DeKalb; salaries, assistant solicitor 2461 COUNTY COURTS. Atkinson; qualifications of judge and solicitor 2175 CRIMINAL COURTS. DeKalb; salaries, assistant solicitor 2461 Fulton; assistant solicitors-general 2032 JUVENILE COURTS. Clarke; judge's salary 3108 Juvenile Court Act amended as to certain counties (150,000-250,000) 466 Superior court judge to sit as juvenile court judge in certain counties (130,000-140,000) 402 MUNICIPAL COURTS. Atlanta; chief law clerk 2639 Atlanta; contempt 3016 Augusta; created 2732 Savannah; judges' salary 3432 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Appling; compensation of commissioners, county attorney 2194 Baker; board of education, proposed amendment to the Constitution 618 Baker; election of county commissioners 3387 Baldwin; election of board of commissioners 3505 Barrow; compensation of county commissioners and clerk 2876 Bibb; business licenses, regulations, proposed amendment to the Constitution 611 Brooks; sheriff placed on salary 2977 Bulloch; compensation of chairman of commissioners 2177 Butts; audits, etc. 2011 Butts; ordinary placed on salary 2018 Butts; sheriff placed on salary 2022 Butts; tax collector placed on salary 2014 Calhoun; revenue bonds, proposed amendment to the Constitution 616

Page 648

Camden; board of education, proposed amendment to the Constitution 597 Camden; commissioner districts 2112 Candler; commissioners of roads and revenues 2929 Carroll; tax commissioner's compensation 2624 Catoosa; clerical help for sheriff's office 2608 Catoosa; clerical help for tax commissioner 2641 Catoosa; commissioner's compensation; county attorney 2555 Charlton; fire district 3019 Chatham; board of education retirement system 2519 Chatham; civil service system, referendum 3072 Chatham; local government commission 2472 Chatham; members of planning commission 2899 Chatham; revenue bonds 2409 Chatham; tax exemptions, proposed amendment to the Constitution 603 Chatham; terms of members of Savannah District Authority 2958 Chattooga; ordinary placed on salary 3491 Cherokee; county police 3124 Clarke; building code, etc. 2317 Clarke; business licenses, etc. 2372 Clarke; compensation of board of commissioners 3419 Clarke; improvement of streets, etc. outside municipalities 2311 Clarke; land conveyance 252 Clarke; ordinances 2377 Clarke; storm sewers, street lights, etc. 2403 Clarke; water, sanitation, etc. districts 2331 Clayton; Clayton County Water Authority 3130 Clayton; compensation of tax commissioner 3154 Clayton; salary of ordinary 2774 Clinch; board of commissioners of roads and revenues 2304 Cobb; chief investigator for sheriff's office 3508 Cobb; fire prevention districts 3407 Cobb; salaries of tax commissioner and clerk 3435 Cobb; taxes in sewage districts 2621 Colquitt; compensation of county officers 3393 Colquitt; small claims courts 2852 Coweta; compensation of ordinary 2026 Crawford; compensation of treasurer 3078 Crisp; revenue bonds, proposed amendment to the Constitution 606 Decatur; treasurer's salary 2702 DeKalb; board of commissioners 3461 DeKalb; salaries of named officers 3484 Dodge; clerical help for clerk of superior court 3128 Dodge; compensation of clerk to tax commissioner 3030 Dodge; compensation of commissioner's clerk 3006 Dodge; special deputy sheriff 3424 Dougherty; salary of tax commissioner 2487 Douglas; coroner placed on salary 2510 Effingham; compensation of county commissioners 3454

Page 649

Effingham; treasurer's salary 2894 Elbert; sheriff placed on salary 2778 Fannin; compensation of ordinary 2329 Fannin; salary of tax receiver 2328 Floyd; compensation of board of education 2396 Floyd; compensation of commissioners 2290 Floyd; compensation of tax commissioner's employees 2267 Floyd; officers' salary Act amended 2234 Floyd; Rome-Floyd County Industrial Development Authority 3207 Floyd; treasurer's salary 2401 Forsyth; compensation of Commissioners 2250 Forsyth; compensation of ordinary 2392 Franklin; sheriff's bond 2913 Fulton; Atlanta-Fulton County Recreation Authority 3106 Fulton; chief deputy clerk of superior court 3080 Fulton; civil service board, county agent 2623 Fulton; court study commission 2795 Fulton; recreational areas 3379 Fulton; teachers' retirement system Act amended 3440 Gilmer; compensation of commissioner, advisory board 2095 Gilmer; law books 3501 Glynn; compensation of commissioners and clerk 2186 Glynn; coroner placed on salary 2188 Gordon; compensation of county commissioner and clerk 2243 Gordon; sheriff's compensation 2279 Gordon; tax commissioner 2384 Greene; commissioners of roads and revenues 2223 Greene; officers placed on salaries 2182 Greene; tax commissioner placed on salary 2180 Gwinnett; law books 2808 Gwinnett; personnel of tax commissioner's office 2791 Hall; compensation of commissioners 2121 Hall; development authority, proposed amendment to the Constitution 600 Hall; meetings of commissioners 2123 Haralson; salary of commissioner 2119 Hart; law books 3502 Henry; building, etc. codes 2549 Henry; officers salary act amended 2007 Henry; water authority 2588 Houston; compensation of tax receiver 2386 Jackson; sheriff's expenses 2514 Jenkins; compensation of ordinary 2324 Lamar; clerical help for tax commissioner 2421 Lamar; commissioners' salaries 2109 Laurens; salary of clerk of superior court 2367 Lincoln; law books 2803 Lowndes; clerical help for ordinary 3219 Lumpkin; compensation of commissioner 2638

Page 650

Lumpkin; compensation of tax commissioner 2818 McIntosh; compensation of ordinary 3127 Macon; compensation of county commissioner 3449 Madison; compensation of clerk of county commissioner 2231 Meriwether; commissioner districts, referendum 3058 Meriwether; office of treasurer abolished, referendum 3223 Meriwether; officers placed on salaries, referendum 3456 Meriwether; tax commissioner placed on salary, referendum 3416 Miller; compensation of county commissioners 2656 Morgan; compensation of assistants to clerk of superior court 3104 Muscogee; board of education 2394 Muscogee; eminent domain, etc. 3133 Newton; salary of commissioner of roads and revenues 3062 Oglethorpe; compensation of advisory board 2552 Paulding; water authority 2837 Peach; compensation of tax commissioner 3039 Pierce; compensation of commissioners and clerk 2115 Pulaski; commissioner's salary 2903 Randolph; election of commissioners 2096 Rockdale; ordinances for policing county, proposed amendment to the Constitution 622 Rockdale; salary of county commissioner 2967 Seminole; treasurer's salary 2102 Spalding; compensation of county commissioners 3376 Spalding; compensation payable to county depository 2983 Stephens; airport authority 2423 Sumter; compensation of county commissioners 3242 Talbot; tax commissioner's compensation 2265 Tattnall; board of commissioners 3473 Toombs; board of commissioners 2035 Turner; development authority, proposed amendment to the Constitution 624 Twiggs; board of commissioners of roads and revenues 2815 Union; clerical help for tax commissioner 3481 Union; sheriff placed on salary 2458 Walker; attorney, contracts 2276 Ware; officers placed on salaries 2465 Webster; salary of county commissioner 2950 Wheeler; commissioner's salary, clerk and county attorney 2870 Wheeler; compensation of ordinary 3027 Wheeler; treasurer's salary 3022 Whitfield; contracts 2632 Wilkes; compensation, clerical help, meeting of board of commissioners 2294 COUNTIES AND COUNTY MATTERSBY POPULATION. Population Bracket 2,700-3,250 Compensation of county commissioners 2869 2,700-3,250 Expense allowances for county commissioners 3406

Page 651

2,700-3,250 Sheriffs' compensation 3453 5,900-6,000 Compensation of tax receivers 2991 6,200-6,220 Judges of city courts 2031 6,515-6,650 Fishing on the Sabbath 157 6,520-6,560 Compensation of tax receivers 2354 6,910-6,950 Compensation of tax commissioners 2420 7,370-7,450 Compensation of tax commissioners 2541 7,950-8,150 Compensation of tax collectors 3401 7,950-8,150 Compensation of tax commissioners 2865 7,950-8,150 Compensation of tax receivers 3014 7,950-8,150 Sheriff's expense allowance 3113 13,050-13,150 Sheriff's compensation 2790 14,560-15,200 Jurisdiction of ordinaries 3442 16,700-16,800 Compensation of board of education 2640 17,600-17,700 Compensation of coroners 3141 17,600-17,700 Treasurer's compensation 3226 18,000-18,100 Small claims courts 2298 19,500-19,700 Small claims courts 3142 19,670-19,925 Tax collectors compensation 442 25,000-26,000 Airport authorities 2819 33,300-34,056 Small claims courts 2852 34,050-34,200 Tax assessors, terms, etc. 2355 34,225-34,500 Small claims courts 3215 39,500-42,000 Building, etc. codes 2364 40,000-50,000 (1940 Census) 1949 Salary act repealed 2357 42,000-43,500 Compensation of superior court judges 193 42,000-43,500 Coroners' compensation 194 45,500-47,000 Witness fees 494 49,500-50,000 Road tax 2125 50,000-75,000 Use of microfilm photographic equipment by superior court clerk 3136 62,000-70,000 Trials of traffic offenses 3437 100,000-300,000 Use of voting machines 3153 115,000-140,000 Judges' bailiffs and secretaries 227 130,000-140,000 Juvenile courts 402 135,000-140,000 Assistant solicitors-general and clerks 214 135,000-140,000 City courts Act amended 2558 135,000-140,000 Compensation of coroners 203 135,000-140,000 Compensation of solicitors-general 225 135,000-140,000 Law libraries (1950 Census) 3443 135,000-140,000 Officers compensation 2688 136,000-157,000 Selection of jurors 134 150,000-175,000 Fees of clerks of superior courts 3021 150,000-250,000 Juvenile courts 466 150,000-175,000 Law libraries established 2482 150,000-300,000 Local government commissions where municipality with population of 100,000, Act repealed 3396 150,000-175,000 Terms of tax assessors 2990 160,000-250,000 Bailiff for courts of ordinary 2921

Page 652

200,000 or more Act fixing compensation of coroners repealed 3245 200,000 or more Act regulating recording of plats repealed 2879 200,000 or more Chiefs of police 3434 200,000 or more; (1920 Census)Employees retirement Act repealed 3121 200,000 or over; taxation of personalty, prior Act repealed 3392 250,000-500,000 Building codes 3018 , 3378 250,000-500,000 Cadastral surveys 2919 250,000-500,000 Codemnation of fire station sites 2993 250,000-500,000 Coroners 153 250,000-500,000 Duties of jury commissioners 3000 400,000 or more Use of pre-prepared tax returns 2911 500,000 or more Compensation of commissioner 2944 500,000 or more County commissioners 3012 500,000 or more Custody and control of tax deeds 2936 500,000 or more Emeritus officers 2615 500,000 or more Emeritus officers of school system 2514 500,000 or more Eminent domain by county boards of education 2864 500,000 or more Group life insurance for employees 2880 500,000 or more Investment of surplus funds by county boards of education 2862 500,000 or more Licensing of plumbers and steamfitters 3095 500,000 or more Pensions of members of police departments 3476 500,000 or more Pension rights of employees 3244 500,000 or more Purchasing departments 3009 500,000 or more Recording of plats and subdividing land 3439 500,000 or more Selection of jurors 2928 500,000 or more Tax fi. fas. 3087 Over 500,000 Funds to county boards of education 3414 Over 500,000 Voter registration 162 , 164 COUNTIES AND COUNTY MATTERSBY POPULATION OF CITIES. Population Bracket 13,500 or over; Recording of plats of survey, etc. 105 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; corporate limits 2610 Albany; voter registration 3063 Alpharetta; new charter 2127 Americus; new charter, referendum 3251 Athens; authority to close named street 3221 Athens; charter amended 3048 Atlanta; Atlanta-Fulton County Recreation Authority 3106 Atlanta; chief deputy revenue collector 3421 Atlanta; chief law clerk of municipal courts 2639 Atlanta; court study commission 2795 Atlanta; emeritus officers 2699

Page 653

Atlanta; emeritus offices for board of education 2619 Atlanta; salary of inspector of buildings 2628 Atlanta; taxation for public schools 2417 Augusta; civil service commission 2360 Augusta; eminent domain outside corporate limits 2358 Austell; corporate limits 3477 Baxley; charter amended, referendum 2197 Bogart; tax rate 3217 Blakely; construction codes 2272 Blakely; corporate limits, referendum 2245 , 2260 Bremen; charter amended 2772 , 2786 Brunswick; charter amended 2212 Buena Vista; charter amended 2350 Calhoun; corporate limits 2369 Canton; charter amended 3389 Carrollton; charter amended, referendum 3118 Carrollton; city supervisor 2945 Carsonville; act creating repealed 2686 Cartersville; corporate limits, referendum 2782 , 3382 , 3469 Cedartown; corporate limits 3246 Chattahoochee Plantation; incorporated 3178 Clarkston; charter amended 2861 Claxton; new charter 3312 Columbus; authority to sell land 3044 Columbus; conveyance of land 3446 Columbus; exchange of lands authorized 262 Columbus; mayor's duties 3397 Comer; hours of holding elections 2326 Cordele; authority to close and sell alley 2757 Cordele; corporate limits 2961 Cordele; revenue bonds, proposed amendment to the Constitution 609 Cumming; corporate limits, referendum 2252 Dahlonega; charter amended 3149 Dalton; authority to close Whitfield Street 2917 Dalton; corporate limits 2413 Darien; authority to close street 3028 Decatur; charter amended 2835 Dublin; city manager, referendum 2598 Dublin; taxation for schools 2388 East Ellijay; tax rate 2905 East Point; charter amended 2625 Elberton; corporate limits 3005 , 3249 Ellijay; new charter 2067 Emerson; terms of mayor and aldermen 2292 Fairburn; authority to close street 3115 Folkston: compensation of mayor and councilmen 2539 Forest Park; charter amended 2503 Forest Park; corporate limits 3427 Forsyth; charter amended, referendum 2994 Gainesville; ad valorem taxes 2595

Page 654

Gainesville; civil service act amended 2561 Gainesville; corporate limits 3088 Gainesville; development authority, proposed amendment to the Constitution 600 Gray; charter amended 2416 Gray; name changed from Town of Gray 3121 Griffin; appearance bonds 2348 Griffin; corporate limits 2285 Griffin; qualifications and election of board of commissioners 2299 Guyton; name changed to City of Guyton 2948 Hampton; authority to close streets, etc. 2646 Hapeville; charter amended 2516 , 2634 Hazlehurst; tax returns 2408 Holly Springs; corporate limits 2938 Hull; franchises and licenses 2103 Jefferson; charter amended 2952 Jesup; charter amended 2334 LaGrange; corporate limits 2043 LaGrange; eminent domain 2915 Lumpkin; corporate limits 2485 Macon; authority to close alley 2567 Macon; corporate limits 3227 Macon; corporate limits, referendum 2441 Manchester; corporate limits, referendum 2760 Marietta; charter amended 2985 Menlo; charter amended 2497 Milner; hours of holding elections 3076 Monroe; charter amended 2563 , 2873 Montezuma; corporate limits 2405 Morrow; charter amended 2490 Moultrie; tax rate, referendum 3041 Nellieville; Act creating repealed 2730 Nelson; tax rate 3024 Newnan; authority to close named street 2210 Newnan; duties of city manager 2258 Norcross; corporate limits, referendum 2583 Ocilla; charter amended 2500 Ocilla; voter registration 2543 Oglethorpe; corporate limits 3487 Oxford; compensation of mayor and councilmen 3137 Pavo; election of mayor and councilmen 3101 Port Wentworth; charter amended 3066 Powder Springs; corporate limits 2605 Rhine; corporate limits 2302 Rincon; charter amended 3238 Rockmart; corporate limits 2399 Rockmart; corporate limits, referendum 2931 Rome; compensation of city commissioners 2282 Rome; police and fire department chiefs 3033 , 3234 Rome; Rome-Floyd County Industrial Development Authority 3207

Page 655

Rossville; corporate limits 2896 Roswell; corporate limits 2511 Sandersville; corporate limits 2926 Sandersville; police court 2867 Savannah; board of education retirement system 2519 Savannah; corporate limits, 1960 Act repealed 2028 Savannah; corporate limits, referendum 2969 Savannah; local government commission 2472 Savannah; revenue bonds 2409 Savannah; terms of members of Savannah District Authority 2958 Shiloh; chartered 2045 Smyrna; charter amended 2571 Soperton; new charter 3338 Spring Place; tax rate, referendum 3403 Summerville; new charter, referendum 2658 Suwanee; new charter, referendum 3156 Swainsboro; terms of mayor and councilmen, elections 3010 Toccoa; elections 3083 Toccoa; airport authority 2423 Temple; voter registration 2617 Thomaston; charter amended 2907 Thomasville; tax rate for support of schools 3451 Trenton; registration of voters 2939 Ty Ty; charter amended 2887 Warrenton; corporate limits 2320 Warwick; charter amended 3091 Warwick; Code 92-4101 through 92-4104 not applicable 515 Waycross; arbitration of tax assessments 3002 Waycross; group insurance for employees 2308 West Point; charter amended, referendum 2650 Winder; assessments for sanitary purposes 2559 Woodstock; charter amended 3110 Zebulon; new charter, referendum 2704 MUNICIPAL CORPORATIONSBY POPULATION. POPULATION BRACKET. Population Bracket 47,500-49,500 Annexation by ordinance 3386 100,000 or more Local government commissions where located in county of between 150,000-300,000 persons, Act repealed 3396 150,000 or more Firemens' Pension Act amended 2629 , 2777 , 3373 150,000 or more Pension system 2028 , 2542 , 2631 150,000 or more Police Pension Act amended 2481 , 2510 , 2885 , 3466 Over 200,000 Taxation on personalty, prior Act repealed 3392 More than 450,000 Office of mayor emeritus created 3489 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to Pairlon B. Bennett 3504 Compensation to John Broach 3495

Page 656

Compensation to George C. Brown 2802 Compensation to Sherman C. Burgess 3493 Compensation to J. C. Dillard 3497 Compensation to Sam R. Dunlap 3511 Compensation to H. L. Hackney 2801 Compensation to S. Curtis Harper 3499 Compensation to Mrs. G. R. Harrison 3500 Compensation to Fish Howard 2809 Compensation to Mrs. Frances S. Ivey 2810 Compensation to Johnie H. Kicklighter 239 Compensation to Hubert Kidd 2812 Compensation to Joseph Paul Larman 2799 Compensation to Mrs. Mary Lee 2412 Compensation to North Georgia Petroleum Company 3498 Compensation to Noah A. Powers 3495 Compensation to V. H. Puckett 3494 Compensation to Jay Roberts 3500 Compensation to Seaboard Construction Co. 2479 Compensation to Slash Pine Electric Membership Corp. 3503 Compensation to T. W. Smith 2799 Compensation to Jack W. Stewart 2798 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Land conveyance to Clarke County 252 Sale of land in East Point, Georgia authorized 291 Transfer of lands from Forestry Department to Department of Defense 295 Exchange of lands in Muscogee County authorized 262 Conveyance of land to William M. Ransom and Kerry E. Ransom authorized 257 Exchange of lands in Sumter County 573 MISCELLANEOUS RESOLUTIONS. Attorney-General to study pupil placement requirements 261 Board of Regents urged to make Abraham Baldwin College a four year college 254 Boards of Control of State training schools urged to make grants to deserving students 288 Cleve Cox Landing designated 251 Cobb Bridge designated 275 Construction of Lonnie Pope Bridge authorized 280 Committee to study budget system of State 297 Committee to study Uniform Commercial Code 281 Construction of museum by Georgia Historical Commission 233 Criminal Law Study Committee 96 Disposition of plaque in memory of Alexander Harry Wray 232 Distribution of Georgia Official and Statistical Register 238 Dredging of channel at Kings Bay Terminal urged 287 Election Laws Study Committee 276

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Emmett R. and Myrvin H. Culbreth Bridges designated 234 Excused absences for pages serving General Assembly 580 Funds for program of county property re-evaluation 576 General Assembly adjournment resolution 139 Governor's Mansion Committee 283 Hon. Clarke W. Duncan member State Highway Board 577 Hon. Frank Edwards elected Legislative Counsel 579 Increase in minimum wage of Highway Department urged 590 Law books to Cobb Judicial Circuit 2811 Law books to Eastern Judicial Circuit 2806 Law books to Gilmer County 3501 Law books to Gwinnett County 2808 Law books to Gwinnett Judicial Circuit 2807 Law books to Hart County 3502 Law books to Lincoln County 2803 Law books to Macon Judicial Circuit 2795 Law books to Northern Judicial Circuit 2813 McMullan Boulevard designated 274 Mansion Sites Commission extended 237 Memory of Dr. Thomas B. Janes honored 286 Monuments to be placed at Gettysburg National Military Park and Antietam National Battlefield Site 299 Observance of Civil War Centennial 99 Paul A. Green Bridge designated 285 Postmaster-General urged to establish branch post office in Capitol Hill area 581 Preference to products manufactured in Georgia 260 Purchase of law books for Mountain Judicial Circuit ratified 2805 Restoration of Fort McAllister authorized 279 Restoration of White House at Augusta authorized 289 Richard B. Russell Bridge designated 235 S. Ernest Vandiver Bridge designated 255 Study Committee of Peace Officers' Annuity and Benefit Fund 294 T. E. Vickery relieved as security on bond 2814 Wallace Pryor relieved as surety on bond 2803

Page 658

INDEX A ABRAHAM BALDWIN AGRICULTURAL COLLEGE Resolution urging establishment of four year college 254 ACWORTH, CITY OF Corporate limits 2610 ADJOURNMENT RESOLUTION General Assembly 139 ADOPTIONS Rights vested by final decree 219 Substitute birth certificates 120 ADVERTISING False advertising a crime 197 AGRICULTURE Georgia Agricultural Commodities Promotion Act 301 Georgia Milk Commission Act amended 447 Milk and milk products 501 AID TO COUNTIES Ad valorem taxation equalization programs 107 Water pollution control 109 AIRPORTS Airport authorities in certain counties (25,000-26,000) 2819 ALBANY, CITY OF Voter registration 3063 ALPHARETTA, CITY OF New charter 2127 AMERICUS, CITY OF New charter, referendum 3251

Page 659

ANNEXATION Annexation by ordinance in certain municipalities (47,500-49,500) 3386 ANTIETAM NATIONAL BATTLEFIELD SITE Placing of monument authorized 299 APPLING COUNTY Compensation of commissioners, county attorney 2194 APPORTIONMENT House of Representatives 111 APPROPRIATIONS Department of Labor 198 General Appropriations Act 356 ARCHITECTS Qualification and registration 462 ATHENS, CITY OF Authority to close named street 3221 Charter amended 3048 ATHENS, CITY COURT OF Salaries 3139 ATKINSON COUNTY, COUNTY COURT OF Qualifications of judge and solicitor 2175 ATLANTA, CITY OF Atlanta-Fulton County Recreation Authority 3106 Chief deputy municipal revenue collector 3421 Chief law clerks of municipal courts 2639 Court study commission 2795 Emeritus offices 2699 Emeritus offices for board of education 2619 Salary of inspector of buildings 2628 Taxation for public schools 2417 ATLANTA JUDICIAL CIRCUIT Judges emeritus 183

Page 660

ATLANTA, MUNICIPAL COURT OF Contempt 3016 ATLANTIC JUDICIAL CIRCUIT Salary of solicitor-general 484 ATTORNEY GENERAL Compensation 67 Compensation of attorney-general and assistants 131 Study of pupil placement requirements 261 AUGUSTA, CITY OF Civil service commission 2360 Eminent domain outside corporate limits 2358 AUGUSTA JUDICIAL CIRCUIT Additional judge 60 AUGUSTA, MUNICIPAL COURT OF CITY OF Created 2732 AUSTELL, CITY OF Corporate limits 3477 B BAKER COUNTY Board of Education, proposed amendment to the Constitution 618 Election of county commissioners 3387 BALDWIN, ABRAHAM, AGRICULTURAL COLLEGE Resolution urging a four year college 254 BALDWIN COUNTY Election of board of commissioners of roads and revenues 3505 BANKS COUNTY Superior court court reporter 126 BANKS AND BANKING Directors 196

Page 661

BARROW COUNTY Compensation of county commissioners and clerk 2876 Superior court court reporter 126 BASTARDY Protesting position of Federal Governing condoning illegitimate births 231 BAXLEY, CITY OF Charter amended, referendum 2197 BAXLEY, CITY COURT OF Solicitor, juries 2003 BENNETT, PAIRLON B. Compensation to Pairlon B. Bennett 3504 BIBB COUNTY Business licenses, regulations, proposed amendment to the Constitution 611 BIRTH CERTIFICATES Substitute birth certificates 120 BLAKELY, CITY OF Construction codes 2272 Corporate limits, referendum 2245 , 2260 BLIND Aid to the Blind Act amended 415 BLOOD TESTS Tests upon request of peace officer 437 BOGART, TOWN OF Tax rate 3217 BONDS Validation by counties, municipalities, etc. 168

Page 662

BREMEN, CITY OF Charter amended 2772 , 2786 BROACH, JOHN Compensation to John Broach 3495 BROOKS COUNTY Salary of solicitor-general 492 Sheriff placed on salary 2977 Superior court judge's salary 41 BROWN, GEORGE C. Compensation to George C. Brown 2802 BRUNSWICK, CITY OF Charter amended 2212 BRUNSWICK, CITY COURT OF Bailiffs 2193 BRYAN COUNTY Salary of solicitor-general 484 BUENA VISTA, TOWN OF Charter amended 2350 BUDGET Committee to study budget system of State 297 BUILDING CODES Act authorizing building, etc. codes amended (39,500-42,000) 2364 Building codes in certain counties (250,000-500,000) 3018 , 3378 Enactment by counties 560 BULLOCH COUNTY Compensation of chairman of commissioners 2177 BURGESS, SHERMAN C. Compensation to Sherman C. Burgess 3493

Page 663

BURKE COUNTY Additional superior court judge 60 BUTTS COUNTY Audits, etc. 2011 Ordinary placed on salary 2018 Sheriff placed on salary 2022 Tax collector placed on salary 2014 C CADASTRAL SURVEYS Cadastral surveys in certain counties (250,000-500,000) 2919 CALHOUN, CITY OF Corporate limits 2369 CALHOUN COUNTY Revenue bonds, proposed amendment to the Constitution 616 CAMDEN COUNTY Board of Education, proposed amendment to the Constitution 597 Commissioner districts 2112 CANDLER COUNTY Commissioners of roads and revenues 2929 CANTON, CITY OF Charter amended 3389 CAPITOL HILL BRANCH POST OFFICE Establishment urged 581 CARROLL COUNTY Salary of solicitor-general 25 Tax commissioner's compensation 2624 CARROLLTON, CITY COURT OF Judge's salary 2980

Page 664

CARROLLTON, CITY OF Charter amended, referendum 3118 City supervisor 2945 CARSONVILLE, CITY OF Act creating repealed 2686 CARTERSVILLE, CITY OF Corporate limits, referendum 2782 , 3382 , 3469 CATOOSA COUNTY Clerical help for sheriff's office 2608 Clerical help for tax commissioner 2641 Commissioner's compensation, county attorney 2555 CEDARTOWN, CITY OF Corporate limits 3246 CERTIORARI Procedure 190 CHARLTON COUNTY Fire district 3019 CHATHAM COUNTY Board of education retirement system 2519 Civil service system, referendum 3072 Local government commission 2472 Revenue bonds 2409 Tax exemptions authorized, proposed amendment to the Constitution 603 Terms of members of metropolitan planning commission 2899 Terms of members of Savannah District Authority 2958 CHATTAHOOCHEE PLANTATION Incorporated 3178 CHATTOOGA COUNTY Ordinary placed on salary 3491 CHATTOOGA COUNTY, CITY COURT OF Solicitor, judge's salary, practice and procedure 2766

Page 665

CHEROKEE COUNTY County police 3124 CITY COURT OF ATHENS Salaries 3139 CITY COURT OF BAXLEY Solicitor, juries 2003 CITY COURT OF BRUNSWICK Bailiffs 2193 CITY COURT OF CARROLLTON Judge's salary 2980 CITY COURT OF CHATTOOGA COUNTY Solicitor, judge's salary, practice and procedure 2766 CITY COURT OF FLOYD COUNTY Judge's salary 2106 CITY COURT OF GRIFFIN Salaries of judge and solicitor 3410 CITY COURT OF RICHMOND Judge's salary 2643 CITY COURT OF SAVANNAH Judge's salary 2411 CITY COURT OF SPRINGFIELD Judge's salary 2881 Rules, jury terms, etc. 2923 CITY COURT OF STATESBORO Compensation of judge and solicitor 2190 CITY COURT OF SYLVANIA Salaries of judge and solicitor 2955

Page 666

CITY COURT OF THOMASVILLE Salary of solicitor-general 2098 CITY COURTS Judges of city courts of certain counties (6,200-6,220) 2031 Secretaries to judges in certain counties (135,000-140,000) 2558 Trial of traffic offenses in certain counties (62,000-70,000) 3437 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Salaries, assistant solicitor 2461 CIVIL WAR CENTENNIAL Observance 99 CLARKE COUNTY Building Code, etc. 2317 Business licenses, etc. 2373 Compensation of board of commissioners 3419 Improvement of streets, etc. outside municipalities 2311 Land conveyance authorized 252 Ordinances 2377 Salary of solicitor-general 424 Storm sewers, street lights, etc. 2403 Water, sanitation, etc. districts 2331 CLARKE COUNTY JUVENILE COURT Judge's salary 3108 CLARKSTON, CITY OF Charter amended 2861 CLAXTON, CITY OF New charter 3312 CLAYTON COUNTY Clayton County Water Authority 3130 Compensation of tax commissioner 3154 Salary of ordinary 2774 CLINCH COUNTY Board of commissioners of roads and revenues 2304

Page 667

COBB BRIDGE Cobb Bridge designated 275 COBB COUNTY Chief investigator for sheriff's office 3508 Compensation of assistant solicitor-general 553 Fire prevention districts 3407 Salaries of tax commissioner and clerk 3435 Superior court judges' compensation 115 Taxes in sewage districts 2621 Terms of superior court 125 COBB JUDICIAL CIRCUIT Compensation of assistant solicitor-general 553 Compensation of judges 115 Law books 2811 Terms of superior court 125 COLQUITT COUNTY Compensation of county officers 3393 Salary of solicitor-general 492 Small claims courts 2852 Superior court judge's salary 41 COLUMBIA COUNTY Additional superior court judge 60 COLUMBUS, CITY OF Authority to sell land 3044 Conveyance of land 3446 Exchange of lands authorized 262 Mayor's duties 3397 COMER, CITY OF Hours for holding elections 2326 COMMERCIAL CODE, UNIFORM Committee to study Uniform Commercial Code 281 COMMISSIONER OF LABOR Compensation 185 CONDEMNATION Procedure 517

Page 668

CONTRACTORS Non residents doing business in Georgia 480 CORDELE, CITY OF Authority to close and sell alley 2757 Corporate limits 2961 Revenue bonds, proposed amendment to the Constitution 609 CORONERS Compensation in certain counties (17,600-17,700) 3141 Compensation in certain counties (34,000-38,500) 2281 Compensation in certain counties (42,000-43,500) 194 Compensation in certain counties (135,000-140,000) 203 Act fixing compensation in certain counties repealed (200,000 or more) 3245 Duties, salary, etc. in certain counties (250,000-500,000) 153 CORPORATE FIDUCIARIES Registration of securities 414 CORPORATE LIMITS Annexation by ordinance in certain municipalities (47,500-49,500) 3386 CORPORATIONS Interest rates on loans to corporations 300 CORRECTIONS, DEPARTMENT OF Duties of Director 124 Employees' Retirement System 112 CORRECTIONS, STATE BOARD OF Reinstatement of prisoners forfeited good time allowance 127 COSMETIC ACT Georgia Drug and Cosmetic Act 529 COUNTIES See also Name of County and Name of County Office . Ad valorem taxation equalization programs 107 Authority of county police 217 Building codes 560

Page 669

Compensation of commissioners of roads and revenues in certain counties (2,700-3,250) 2869 Compensation of commissioners in certain counties (over 500,000) 2944 , 3012 Disposition of county owned property 195 Expense allowances of county commissioners in certain counties (2,700-3,250) 3406 Officers' salaries in certain counties (135,000-140,000) 2688 Validation of bonds 168 COUNTY COURT OF ATKINSON COUNTY Qualifications of judge and solicitor 2175 COUNTY OFFICERS 1949 Act affecting certain counties repealed (40,000-50,000, 1950 Census) 2357 COUNTY POLICE Authority 217 Chiefs of police in certain counties (200,000 or more) 3434 Pensions of members of county police departments in certain counties (500,000 or more) 3476 COUNTY PURCHASING DEPARTMENTS Purchasing departments in certain counties (over 500,000) 3009 COUNTY TREASURERS Compensation in certain counties (17,600-17,700) 3226 COURT OF APPEALS Additional judges 140 COURT REPORTERS Expense and travel allowance 354 COURTS OF ORDINARY Terms 461 COWETA COUNTY Compensation of ordinary 2026 Salary of solicitor-general 25 COWETA JUDICIAL CIRCUIT Salary of solicitor-general 25

Page 670

COX, CLEVE Cleve Cox Landing designated 251 CRAWFORD COUNTY Compensation of treasurer 3078 CRIMES Defrauding telephone and telegraph companies 224 Escape 491 Escape defined 556 False advertising 197 Guard lines at penitentiaries 45 Impersonation of revenue agents 452 Operating motor vehicles with revoked licenses 446 Racing on highways 438 Receiver of stolen goods 118 Solicitation of votes near polling places 557 CRIMINAL COURT OF FULTON COUNTY Assistant solicitor-general 2032 CRIMINAL LAW STUDY COMMITTEE Created 96 CRISP COUNTY Revenue bonds, proposed amendment to the Constitution 606 CULBRETH, EMMETT R. AND MYRVIN H. Emmett R. and Myrvin H. Culbreth Bridge designated 234 CUMMING, CITY OF Corporate limits, referendum 2252 D DAHLONEGA, CITY OF Charter amended 3149 DALTON, CITY OF Authority to close Whitfield Street 2917 Corporate limits 2413

Page 671

DARIEN, CITY OF Authority to close named street 3028 DAIRIES Georgia Milk Commission Act amended 447 Milk and milk products 501 DECATUR, CITY OF Charter amended 2835 DECATUR COUNTY Treasurer's salary 2702 DEFENSE, DEPARTMENT OF Transfer of lands from Forestry Commission 295 DEKALB COUNTY Board of commissioners of roads and revenues 3461 Salaries of named officers 3484 Superior court, court reporter's salary 426 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Salaries, assistant solicitor 2461 DILLARD, J. C. Compensation to J. C. Dillard 3497 DIRECTED VERDICTS Time to make motion 216 DISABLED VETERANS Tags for motor vehicles 554 DODGE COUNTY Clerical help for clerk of superior court 3128 Compensation of clerk to tax commissioner 3030 Compensation of commissioner's clerk 3006 Special deputy sheriff 3424 DOUGHERTY COUNTY Salary of tax commissioner 2487

Page 672

DOUGLAS COUNTY Assistant solicitor-general 165 Coroner placed on salary 2511 Terms of superior court, grand juries 223 DRIVER'S LICENSES Former non-residents 136 Operator's licenses 433 Revoked licenses 446 DRUG AND COSMETIC ACT Enacted 529 DUBLIN, CITY OF City manager, referendum 2598 Taxation for schools 2388 DUNCAN, HONORABLE CLARKE W. Member State Highway Board 577 DUNLAP, SAM R. Compensation to Sam R. Dunlap 3511 DUPLICATE INDEX BOOKS Contents 116 E EAST ELLIJAY, CITY OF Tax rate 2905 EAST POINT, CITY OF Charter amended 2625 EASTERN JUDICIAL CIRCUIT Law books 2806 ECHOLS COUNTY Salary of solicitor-general 492 Superior court judge's salary 41

Page 673

EDUCATION Attorney-General to study pupil placement requirements 261 Board of Control of State training schools urged to make grants to deserving students 288 Compensation of boards of education in certain counties (16,700-16,800) 2640 Emeritus officers of certain county schools (500,000 or more) 2514 Eminent domain by certain county boards of education (500,000 or more) 2864 Excused absences from school for pages serving General Assembly urged 580 Free Text Book Act amended 421 Freedom from compulsory association, taxation, proposed amendment to the Constitution 595 Funds to county boards in certain counties (over 500,000) 3414 Grants for education 35 Hearings, appeals, etc., Boards of Education 39 Investments of surplus funds by certain county boards (500,000 or more) 2862 Leases between State Department and local boards 472 Married students attending public schools 201 Teachers' Retirement Act amended 352 , 388 , 392 School bus transportation 104 Suspension of operation and reopening of school systems 31 Vocational Rehabilitation director 400 EFFINGHAM COUNTY Compensation of county commissioners 3454 Treasurer's salary 2894 ELBERT COUNTY Compensation of superior court judge 473 Sheriff placed on salary 2778 ELBERTON, CITY OF Corporate limits 3005 , 3249 ELECTIONS Dates of holding primaries 432 Election laws study committee 276 Solicitation of votes near polling places 557 Use of voting machines in certain counties (100,000-300,000) 3153 Voter registration Act amended as to counties of over 500,000 persons 162 , 164 Voters' Registration Act of 1958 amended 56

Page 674

ELLIJAY, CITY OF New charter 2067 EMERSON, CITY OF Terms of mayor and aldermen 2292 EMINENT DOMAIN Fire department sites in certain counties (250,000-500,000) 2993 Procedure 517 Procedure by certain county boards of education (500,000 or more) 2864 EMPLOYEES HEALTH INSURANCE Plan authorized 147 EMPLOYEES' RETIREMENT SYSTEM Act amended 143 Coverage for National Guard employees 101 Department of Corrections 112 Survivor benefits 158 ESCAPE Crime 491 Crime of escape defined 556 ESTATE TAXES Code 92-3402 enacted 455 EVANS COUNTY Salary of solicitor-general 484 EXECUTIVE DEPARTMENT Employment of members of General Assembly 42 EYE BANKS Establishment of eye banks 582 F FALSE ADVERTISING Crime 197

Page 675

FANNIN COUNTY Compensation of ordinary 2329 Salary of tax receiver 2328 FAIRBURN, CITY OF Authority to close street 3115 FEDERAL GOVERNMENT Acquisition of land and water for conservation 123 FEDERAL GRANT IN AID FUNDS Authority to Department of Public Welfare to match 222 FIDUCIARIES Registration of securities by corporate fiduciaries 414 FIREMEN Act providing for pensions for firemen in certain municipalities amended (150,000 or more) 2629 , 2777 , 3373 FIREMEN'S PENSION FUND ACT Act amended 417 FISHING Fishing on the Sabbath 157 Non-resident licenses 52 FLOYD COUNTY Compensation of board of education 2396 Compensation of commissioners 2290 Compensation of tax commissioners' employees 2267 Officers' salary Act amended 2234 Rome-Floyd County Industrial Development Authority 3207 Salaries of superior court attaches 49 Treasurer's salary 2401 FLOYD COUNTY, CITY COURT OF Judges' salary 2106 FOLKSTON, CITY OF Compensation of mayor and councilmen 2539

Page 676

FOREST PARK, CITY OF Charter amended 2503 Corporate limits 3427 FORESTRY COMMISSION Transfer of land to Department of Defense 295 FORSYTH, CITY OF Charter amended, referendum 2994 FORSYTH COUNTY Compensation of commissioners 2250 Compensation of ordinary 2392 FORT McALLISTER Restoration of Fort McAllister authorized 279 FRANKLIN COUNTY Compensation of superior court judge 473 Sheriff's bond 2913 FREE TEXT BOOKS Act amended 421 FULTON COUNTY Chief deputy clerk of superior court 3080 City of Atlanta-Fulton County Recreation Authority 3106 Civil service board, county agent 2623 Court study commission 2795 Recreational areas 3379 Superior court judges emeritus 183 Teachers' retirement system Act amended 3440 FULTON COUNTY CRIMINAL COURT Assistant solicitors-general 2032 G GAINESVILLE, CITY OF Ad valorem taxes 2595 Civil service Act amended 2561 Corporate limits 3088

Page 677

Gainesville and Hall County Development Authority. Proposed amendment to the Constitution 600 GAME AND FISH Acquisition of land and water by Federal Government 123 Big game defined 515 Fishing on the Sabbath 157 Non-resident fishing licenses 52 Purchase of passenger carrying vehicles 564 Rules adopted under Motorboat Numbering Act confirmed 265 GENERAL APPROPRIATIONS ACT General Appropriations Act 356 GENERAL ASSEMBLY Adjournment resolution 139 Apportionment of House of Representatives 111 Employment of members by executive branch of government 42 Loyalty oath by pages 552 Inspection of State institutions 117 , 119 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Enacted 301 GEORGIA DRUG AND COSMETIC ACT Enacted 529 GEORGIA MILK COMMISSION Act amended 447 GEORGIA POST MORTEM EXAMINATION ACT Amended 436 GEORGIA SECURITIES ACT Exempt transactions 457 GETTYSBURG NATIONAL MILITARY PARK Placing of monument authorized 299 GILMER COUNTY Compensation of commissioner, advisory board 2095 Law books 3501

Page 678

GLYNN COUNTY Compensation of commissioners and clerk 2186 Coroner placed on salary 2188 GORDON COUNTY Compensation of commissioner and clerk 2243 Sheriff's compensation 2279 Tax commissioner 2384 GOVERNOR'S MANSION COMMITTEE Committee to study construction of new Governor's Mansion 283 GRAND JURIES Recording of plats of survey in counties with city of 13,500 or more persons, recommendation 105 GRAY, CITY OF Charter amended 2416 Name changed from Town of Gray 3121 GRACEWOOD SCHOOL FOR MENTAL DEFECTIVES Name changed 465 GREEN, PAUL A. Paul A. Green bridge designated 285 GREENE COUNTY Commissioners of roads and revenues 2223 Officers placed on salaries 2182 Tax commissioner placed on salary 2180 GRIFFIN, CITY OF Appearance bonds 2348 Corporate limits 2285 Qualifications and election of board of commissioners 2299 GRIFFIN, CITY COURT OF Salaries of judge and solicitor 3410 GUARD LINES Establishment at penitentiaries 45

Page 679

GUYTON, CITY OF Name changed from Town of Guyton 2948 GWINNETT COUNTY Law books 2808 Personnel of tax commissioner's office 2791 GWINNETT JUDICIAL CIRCUIT Law books 2807 H HACKNEY, H. L. Compensation to H. L. Hackney 2801 HALL COUNTY Compensation of commissioners 2121 Gainesville and Hall County Development Authority. Proposed amendment to the Constitution 600 Meetings of commissioners 2123 HAMPTON, CITY OF Authority to close streets, etc. 2646 HAPEVILLE, CITY OF Charter amended 2516 , 2634 HARALSON COUNTY Assistant solicitor-general 165 Salary of commissioner 2119 Terms of superior court, grand juries 223 HARPER, CURTIS Compensation to Curtis Harper 3499 HARRISON, MRS. G. R. Compensation to Mrs. G. R. Harrison 3500 HART COUNTY Compensation of superior court judge 473 Law books 3502

Page 680

HAZLEHURST, CITY OF Tax returns 2408 HEALTH Eye banks 582 HEALTH, DEPARTMENT OF PUBLIC Hospital Advisory Council, etc. Act amended 398 HEALTH INSURANCE Plan for State employees authorized 147 HEARD COUNTY Salary of solicitor-general 25 HENRY COUNTY Building, etc. codes 2549 Henry County Water Authority 2588 Officers salary Act amended 2007 HIGHWAYS Highway Authority Act amended 3 Increase in minimum wage urged 590 Relocation of utilities 453 Sale of land in East Point, Georgia authorized 291 State-aid roads within municipalities 469 State Highway Board, debts 22 HISTORICAL COMMISSION, GEORGIA Museum in Muscogee County 233 Restoration of Fort McAllister authorized 279 Restoration of White House at Augusta authorized 289 HOLLY SPRINGS, CITY OF Corporate limits 2938 HOSPITAL ADVISORY COUNCIL FOR CONSTRUCTION, LICENSURE AND INDIGENT CARE Members, expenses 398 HOUSE OF REPRESENTATIVES Apportionment 111

Page 681

HOUSING State Housing Authority board abolished 54 HOUSTON COUNTY Compensation of tax receiver 2386 HOWARD, FISH Compensation to Fish Howard 2809 HULL, TOWN OF Franchises and licenses 2103 I INCOME TAX Current Income Tax Payment Act amended 53 Deductions 565 Exemption of income of real estate investment trusts 180 ILLEGITIMATE BIRTHS Protesting position of Federal Government condoning 231 INDEX BOOKS Contents of duplicate index books 116 INSTITUTIONS Inspection of State institutions by General Assembly 117 , 119 INSURANCE Health insurance for State employees 147 Investments by insurers 458 INTEREST Interest rates on loans to corporations 300 INVESTMENTS Insurers 458 IVEY, MRS. FRANCES S. Compensation to Mrs. Frances S. Ivey 2810

Page 682

J JACKSON COUNTY Expenses of sheriff's office 2514 Superior court, court reporter 126 JANES, DR. THOMAS B. Memory of Dr. Thomas B. Janes honored 286 JEFFERSON, CITY OF Charter amended 2952 JENKINS COUNTY Compensation of ordinary 2324 JESUP, CITY OF Charter amended 2334 JOINT COMMITTEE ON THE OPERATIONS OF THE GENERAL ASSEMBLY Name changed 230 JURIES Selection in certain counties (136,000-157,000) 134 Selection of jurors in certain counties (500,000 or more) 2928 JURY COMMISSIONERS Duties in certain counties (250,000-500,000) 3000 JUSTICE OF THE PEACE COURTS Time of holding 479 JUVENILE COURT ACT Amended as to certain counties (130,000-140,000) 402 Amended as to certain counties (150,000-250,000) 466 JUVENILE COURT, CLARKE COUNTY Judge's salary 3108 K KICKLIGHTER, JOHNIE H. Compensation to Johnie H. Kicklighter 239

Page 683

KIDD, HUBERT Compensation to Hubert Kidd 2812 KINGS BAY TERMINAL Dredging of channel at Kings Bay Terminal urged 287 L LABOR, DEPARTMENT OF Appropriation 198 Compensation of Commissioner of Labor 185 LaGRANGE, CITY OF Corporate limits 2043 Eminent domain 2915 LARMAN, JOSEPH PAUL Compensation to Joseph Paul Larman 2799 LAMAR COUNTY Clerical help for tax commissioner 2421 Salaries of commissioners 2109 LAURENS COUNTY Salary of clerk of superior court 2367 LAW, DEPARTMENT OF Compensation of attorney-general 67 Compensation of attorney-general and assistants 131 LAW LIBRARIES Established in certain counties (150,000-175,000) 2482 Law libraries in certain counties (135,000-140,000; 1950 census) 3443 LEE, MRS. MARY Compensation to Mrs. Mary Lee 2412 LEGISLATIVE COUNSEL Honorable Frank Edwards elected Legislative Counsel 579

Page 684

LEGISLATIVE SERVICES COMMITTEE Name changed 230 LIBERTY COUNTY Salary of solicitor-general 484 LIENS Release of tax liens 160 LINCOLN COUNTY Law books 2803 LOAN DEEDS Execution by married minors 453 LOCAL GOVERNMENT IMPROVEMENT COMMISSIONS Abolished in certain counties (150,000-300,000) and municipalities (100,000 or more) 3396 LONG COUNTY Salary of solicitor-general 484 LOWNDES COUNTY Clerical help for ordinary 3219 Salary of solicitor-general 492 Superior court judge's salary 41 LUMPKIN, CITY OF Corporate limits 2485 LUMPKIN COUNTY Compensation of commissioner of roads and revenues 2638 Compensation of tax commissioner 2818 Mc McINTOSH COUNTY Compensation of ordinary 3127 Salary of solicitor-general 484

Page 685

McMULLAN BOULEVARD McMullan Boulevard designated 274 M MACON, CITY OF Authority to close alley 2567 Corporate limits 3227 Corporate limits, referendum 2441 MACON COUNTY Compensation of county commissioner 3449 MACON JUDICIAL CIRCUIT Law books 2795 MADISON COUNTY Compensation of clerk of commissioner 2231 Compensation of superior court judge 473 MANCHESTER, CITY OF Corporate limits, referendum 2760 MANSION, GOVERNOR'S Committee to study construction of new Governor's Mansion 283 MANSION SITES COMMISSION Extended 237 MAPS OF MUNICIPALITIES Code 92-4003 enacted 435 MARIETTA, CITY OF Charter amended 2985 MAYOR EMERITUS Office created in certain cities (more than 450,000) 3489 MEDICAL ASSISTANCE FOR THE AGED ACT Enacted 170

Page 686

MENLO, TOWN OF Charter amended 2497 MERIWETHER COUNTY Commissioner districts, referendum 3058 Office of treasurer abolished, referendum 3223 Officers placed on salaries, referendum 3456 Salary of solicitor-general 25 Tax commissioner placed on salary, referendum 3416 MILK Georgia Milk Commission Act amended 447 Regulating milk and milk products 501 MILLER COUNTY Compensation of county commissioners 2656 MILNER, TOWN OF Hours of holding elections 3076 MINORS Execution of loan deeds by married minors 453 MONROE, CITY OF Charter amended 2563 , 2873 MONTEZUMA, CITY OF Corporate limits 2405 MORGAN COUNTY Compensation of assistants to clerk of superior court 3104 MORROW, CITY OF Charter amended 2490 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Enacted 68 Executive order fixing effective date 96A MOTOR VEHICLES Driver's licenses 136 , 433 Operating with revoked licenses 446

Page 687

Racing on highways 438 Tags for disabled veterans 554 Use of amber colored lights by rural mail carriers 202 Use of radar or timing devices to enforce traffic laws 161 MOTORBOAT NUMBERING ACT Rules adopted under, confirmed 265 MOULTRIE, CITY OF Tax rate, referendum 3041 MOUNTAIN JUDICIAL CIRCUIT Purchase of law books ratified 2805 MUNICIPAL COURT OF ATLANTA Chief law clerk 2639 Contempt 3016 MUNICIPAL COURT OF SAVANNAH Judge's secretary 3432 MUNICIPAL COURT OF CITY OF AUGUSTA Created 2732 MUNICIPALITIES Group life insurance for employees of certain municipalities (500,000 or more) 2880 Maps 435 State-aid roads 469 Licensing of pest control concerns 460 Validation of bonds 168 MUSCOGEE COUNTY Board of education 2394 Eminent domain, etc. 3133 N NAMES Procedure to change name of individuals 129 NATIONAL GUARD Civilian employees as members of retirement system 101

Page 688

NELLIEVILLE, VILLAGE OF Act creating repealed 2730 NELSON, CITY OF Tax rate 3024 NEWNAN, CITY OF Authority to close named street 2210 Duties of city manager 2258 NEWTON COUNTY Salary of commissioner of roads and revenues 3062 Superior court, court reporter's slary 426 NORCROSS, CITY OF Corporate limits, referendum 2583 NORTH GEORGIA PETROLEUM COMPANY Compensation to North Georgia Petroleum Company 3498 NORTHERN JUDICIAL CIRCUIT Compensation of judge 473 Law books 2813 O OATHS Loyalty oath by pages 552 OCILLA, CITY OF Charter amended 2500 Voter registration 2543 OCONEE COUNTY Salary of solicitor-general 424 OFFICE BUILDING AUTHORITY Act amended 587 OFFICIAL AND STATISTICAL REGISTER Distribution 238

Page 689

OGLETHORPE COUNTY Compensation of advisory board to commissioner 2552 Compensation of superior court judge 473 OGLETHORPE, TOWN OF Corporate limits 3487 ORDINARIES RETIREMENT FUND ACT Amended 57 ORDINARY, COURTS OF Bailiffs in certain counties (160,000-250,000) 2921 Jurisdiction in certain counties (14,560-15,200) 3442 Terms of Courts of Ordinary 461 OXFORD, TOWN OF Compensation of mayor and councilmen 3137 P PAGES Excused absences from school for pages serving General Assembly urged 580 Loyalty oath 552 PASSENGER CARRYING VEHICLES Purchase by Game and Fish Commission 564 PAULDING COUNTY Assistant solicitor-general 165 Paulding County Water Authority 2837 Terms of superior court, grand juries 223 PAVO, CITY OF Election of mayor and councilmen 3101 PEACE OFFICERS See also Police and County Police . Subsistence allowance, proposed amendment to the Constitution 614 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Study of fund by committee 294

Page 690

PEACH COUNTY Compensation of tax commissioner 3039 PENITENTIARIES Guard lines 45 PEST CONTROL ACT Licensing powers of municipalities 460 PIEDMONT JUDICIAL CIRCUIT Court reporter's compensation 126 PIERCE COUNTY Compensation of commissioners and clerk 2115 PLATS OF SURVEY 1960 Act amended 105 Act regulating recording of plats, etc. in certain counties repealed (200,000 or more) 2879 Recording in certain counties (500,000 or more) 3439 PLUMBERS Licensing in certain counties (over 500,000) 3095 POLICE Pension Act amended as to certain cities (150,000 or more) 2481 , 2510 , 2885 , 3466 POLITICAL PARTIES Dates of holding primaries 432 POLK COUNTY Assistant solicitor-general 165 Terms of superior court, grand juries 223 POPE, LONNIE Construction of Lonnie Pope bridge authorized 280 PORT WENTWORTH, CITY OF Charter amended 3066

Page 691

POSTMASTER GENERAL Urged to establish branch post office in Capitol Hill area 581 POWDER SPRINGS, CITY OF Corporate limits 2605 POWERS, NOAH A. Compensation to Noah A. Powers 3495 PRACTICE AND PROCEDURE Actions against non-resident contractors 480 Certiorari procedure 190 Change of name of individuals 129 Eminent domain 517 Method of examining witnesses to wills 558 Motions for directed verdicts 216 Partition of realty 228 Professional Association Act 404 Service of tax assessments by Revenue Department 435 PRIMARIES Dates of holding 432 PRISONERS Feeding expenses in certain counties (250,000-500,000) 500 Reinstatement of forfeited good time allowances 127 PROFESSIONAL ASSOCIATION ACT Enacted 404 PRYOR, WALLACE Wallace Pryor relieved as surety on bond 2803 PUBLIC SAFETY, DEPARTMENT OF Driver's licenses 136 , 433 , 446 Use of radar or timing devices to enforce traffic laws 161 PUBLIC SCHOOLS Grants by boards of education 35 Hearings etc. by boards of education 39

Page 692

Married students 201 Suspension of operation and reopening 31 PUBLIC UTILITIES Mortgages 468 PUCKETT, V. H. Compensation to V. H. Puckett 3494 PULASKI COUNTY Commissioner's salary 2903 PURCHASING DEPARTMENT, STATE Preference to product manufactured in Georgia 260 PURCHASING DEPARTMENTS Purchasing departments in certain counties (over 500,000) 3009 R RACING ON HIGHWAYS Misdemeanor 438 RADAR Use of radar or timing devices to enforce traffic laws 161 RANDOLPH COUNTY Election of commissioners 2096 RANSOM, WILLIAM M., AND KERRY E. Conveyance of land to William M. Ransom and Kerry E. Ransom authorized 257 REAL ESTATE Brokers and salesmen 498 Execution of loan deeds, etc. by married minors 453 Funds for improvement 47 Partition of individual interest, procedure 228 Recording of plats, etc. in certain counties (500,000 or more) 3439

Page 693

REAL ESTATE INVESTMENT TRUSTS Exemption of income for tax purposes 180 RECEIVER OF STOLEN GOODS Code 26-2620 amended 118 REGENTS, BOARD OF Urged to make Abraham Baldwin College a four year college 254 RETIREMENT Emeritus officers of certain county schools (500,000 or more) 2514 Emeritus offices for department heads in certain counties (500,000 or more) 2615 Employees of Department of Corrections 112 Employees' Retirement System Act amended 143 Employees' Retirement System, survivor benefits 158 Firemen's Pension Fund Act amended 417 National Guard civilian employees 101 Office of Mayor Emeritus created in certain cities (more than 450,000) 3489 Pension Act for employees of certain counties repealed (200,000 or more1920 Census) 3121 Pensions for employees of certain cities (150,000 or more) 2028 , 2542 , 2631 Pension act for firemen of certain municipalities amended (150,000 or more) 2629 , 2777 , 3373 Pension Act for police in certain cities (150,000 or more) 2481 , 2510 , 2885 , 3466 Pensions of members of county police departments in certain counties (500,000 or more) 3476 Pension rights of employees of certain counties (more than 500,000) 3244 Study of Peace Officers' Annuity and Benefit Fund 294 Teachers' Retirement Act amended 352 , 388 , 392 REVENUE See Taxation . REVENUE AGENTS Impersonation a misdemeanor 452 RHINE, TOWN OF Corporate limits 2302

Page 694

RICHMOND, CITY COURT OF Judge's salary 2643 RICHMOND COUNTY Additional superior court judge 60 RINCON, TOWN OF Charter amended 3238 ROBERTS, JAY Compensation to Jay Roberts 3500 ROCKDALE COUNTY Ordinances, proposed amendment to the Constitution 622 Salary of county commissioner 2967 Superior court, court reporter's salary 426 ROCKMART, CITY OF Corporate limits 2399 Corporate limits, referendum 2931 ROME, CITY OF Police and fire department chiefs 3033 , 3234 Compensation of city commissioners 2282 Rome-Floyd County Industrial Development Authority 3207 ROME JUDICIAL CIRCUIT Salaries of attaches 49 ROSSVILLE, CITY OF Corporate limits 2896 ROSWELL, CITY OF Corporate limits 2511 RURAL MAIL CARRIERS Use of amber lights 202 RUSSELL, RICHARD B. Richard B. Russell bridge designated 235

Page 695

S SANDERSVILLE, CITY OF Corporate limits 2926 Police court 2867 SAVANNAH, CITY COURT OF Judge's salary 2411 SAVANNAH, CITY OF Board of education retirement system 2519 Corporate limits, 1960 Act repealed 2028 Corporate limits, referendum 2969 Local government commission 2472 Revenue bonds 2409 Terms of members of Savannah District Authority 2958 SAVANNAH DISTRICT AUTHORITY Terms of members 2958 SAVANNAH, MUNICIPAL COURT OF Judge's secretary 3432 SCHOOL BUSES Pupils eligible for transportation 104 SEABOARD CONSTRUCTION COMPANY Compensation to Seaboard Construction Company 2479 SECRETARY OF STATE Compensation 66 , 67 Vending machines in State Capitol 218 SECURITIES Exempt transactions 457 Registration by corporate fiduciaries 414 SEMINOLE COUNTY Treasurer's salary 2102

Page 696

SHERIFFS See also name of county . Compensation in certain counties (2,700-3,250) 3453 Compensation in certain counties (13,050-13,150) 2790 Expense allowance in certain counties (7,950-8,150) 3113 Feeding of prisoners in certain counties (250,000-500,000) 500 SHILOH, CITY OF Chartered 2045 SLASH PINE ELECTRIC MEMBERSHIP CORP. Compensation to Slash Pine Electric Membership Corporation 3503 SMALL CLAIMS COURTS Act amended as to certain counties (18,000-18,100) 2298 Created in certain counties (19,500-19,700) 3142 Created in certain counties (33,300-34,056) 2852 Small claims courts in certain counties (34,225-34,500) 3215 SMITH, T. W. Compensation to T. W. Smith 2799 SMYRNA, CITY OF Charter amended 2571 SOPERTON, CITY OF New charter 3338 SOUTHERN JUDICIAL CIRCUIT Judge's salary 41 Salary of solicitor-general 492 SPALDING COUNTY Compensation of county commissioners 3376 Compensation payable to county depository 2983 SPRING PLACE, CITY OF Tax rate referendum 3403 SPRINGFIELD, CITY COURT OF Judge's salary 2881 Rules, jury terms, etc. 2923

Page 697

STATE BOARD OF EDUCATION. See Education . STATE FUNDS Improvement of real estate 47 STATE HIGHWAY AUTHORITY ACT Amended 3 STATE HIGHWAY BOARD Debts 22 Hon. Clarke W. Duncan, member 577 Increase in minimum wage urged 590 STATE HOUSING AUTHORITY BOARD Abolished 54 STATE INSTITUTIONS Inspection by General Assembly 117 , 119 STATE OFFICE BUILDING AUTHORITY Act amended 587 STATE TREASURER Compensation 133 STATESBORO, CITY COURT OF Compensation of judge and solicitor 2190 STATISTICAL REGISTER Distribution 238 STEAMFITTERS Licensing in certain counties (over 500,000) 3095 STEPHENS COUNTY Toccoa-Stephens County Airport Authority 2423 STEWART, JACK W. Compensation to Jack W. Stewart 2798

Page 698

STOLEN GOODS Receiver of stolen goods, crime 118 STONE MOUNTAIN JUDICIAL CIRCUIT Reporter's salary 426 STRUCTURAL PEST CONTROL ACT Licensing powers of municipalities 460 SUMMERVILLE, CITY OF New charter, referendum 2658 SUMTER COUNTY Compensation of county commissioners 3242 SUPERIOR COURT JUDGES' EMERITUS ACT Amended 64 SUPERIOR COURTS Assistant solicitors-general and clerks in certain counties (135,000-140,000) 214 Clerks fees in certain counties (150,000-175,000) 3021 Compensation of solicitors-general in certain counties (135,000-140,000) 225 Contents of duplicate index books 116 Court reporters expense and travel allowance 354 Compensation of judges in certain counties (42,000-43,500) 193 Fees of clerks in certain counties (250,000-500,000) 423 Judges' bailiff and secretaries in certain counties (115,000-140,000) 227 Judges Emeritus Act amended 429 Recording of plats of survey, etc. 105 Solicitors-general retirement fund Act amended 226 Use of microfilm photographic equipment by clerks in certain counties (50,000-75,000) 3136 SURPLUS PROPERTY Sale of land in East Point, Georgia authorized 291 SUWANEE, CITY OF New charter, referendum 3156

Page 699

SWAINSBORO, CITY OF Terms of mayor and councilmen, elections 3010 SYLVANIA, CITY COURT OF Salaries of judge and solicitor 2955 T TALBOT COUNTY Tax commissioners compensation 2265 TALLAPOOSA JUDICIAL CIRCUIT Assistant solicitors-general 165 Terms, grand juries 223 TARIFF RATES Study by members of Congress from Georgia urged 577 TATTNALL COUNTY Board of commissioners of roads and revenues 3473 Salary of solicitor-general 484 TAX ASSESSMENTS Service by Revenue Department 435 TAX ASSESSORS Eligibility to succeed themselves 563 Terms, etc. in certain counties (34,050-34,200) 2355 Terms in certain counties (150,000-175,000) 2990 TAX COMMISSIONERS Compensation in certain counties (6,910-6,950) 2420 Compensation in certain counties (7,370-7,450) 2541 Compensation in certain counties (7,950-8,150) 2865 TAX COLLECTORS Compensation for collecting school taxes in certain counties (7,950-8,150) 3401 Compensation in certain counties (19,670-19,925) 442

Page 700

TAX DEEDS Control and custody of tax deeds in certain counties (500,000 or more) 2936 TAX FI. FAS. Sale in certain counties (500,000 or more) 3087 TAX RECEIVERS Compensation in certain counties (5,900-6,000) 2991 Compensation in certain counties (6,520-6,560) 2354 Compensation in certain counties (7,950-8,150) 3014 TAX RETURNS Use of pre-prepared returns in certain counties (400,000 or more) 2911 TAXATION Act dealing with exemptions to owners of personalty in certain counties and municipalities repealed (over 200,000) 3392 County ad valorem taxation equalization programs 107 Current income tax payment Act amended 53 Estate taxes 455 Exemption of income for tax purposes of real estate investment trusts 180 Funds for county property re-evaluation program 576 Income taxes 565 Non-resident contractors 480 Peace officers subsistence allowance, proposed amendment to the Constitution 614 Proposed constitutional amendment 595 Release of tax liens 160 Remittances to Revenue Department 445 Road taxes in certain counties (49,500-50,000) 2125 Service of tax assessments by Revenue Department 435 TEACHERS' RETIREMENT ACT Amended 352 , 388 , 392 TELEGRAPH COMPANIES Attempting to defraud 224 TELEPHONE COMPANIES Attempting to defraud 224

Page 701

TEMPLE, TOWN OF Voter registration 2617 THOMAS COUNTY Salary of solicitor-general 492 Superior court judge's salary 41 THOMASTON, CITY OF Charter amended 2907 THOMASVILLE, CITY OF Tax rate for support of schools 3451 THOMASVILLE, CITY COURT OF Salary of solicitor-general 2098 TIMING DEVICES Use of radar or timing devices outside cities 161 TITLE REGISTRATION ACT Enacted 68 Executive order fixing effective date 96A TOCCOA, CITY OF Elections 3083 Toccoa-Stephens County Airport Authority 2423 TOOMBS COUNTY Board of commissioners 2035 TRAINING SCHOOLS Board of Control of State training schools urged to make grants to deserving students 288 Free Text Book Act amended 421 Location, etc. 186 Names 465 TREASURER, STATE Compensation 133 TRENTON, CITY OF Registration of voters 2939

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TROUP COUNTY Salary of solicitor-general 25 TRUST ESTATES Code Chapter 108-6 amended 207 Common trust funds 220 TURNER COUNTY Development Authority, proposed amendment to the Constitution 624 TWIGGS COUNTY Board of commissioners of roads and revenues 2815 TY TY, TOWN OF Charter amended 2887 U UNIFORM COMMERCIAL CODE Committee to study 281 UNION COUNTY Clerical help for tax commissioner 3481 Sheriff placed on salary 2458 UPCHURCH, MRS. ANN WRAY Authority to buy plaque 232 USURY Interest rates on loans to corporations 300 UTILITIES Mortgages by public utilities 468 Relocation by Highway Department 453 V VANDIVER, S. ERNEST S. Ernest Vandiver Bridge designated 255

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VENDING MACHINES Use in State Capitol 218 VETERANS Motor vehicle tags for disabled veterans 554 VICKERY, T. E. T. E. Vickery relieved as security on bond 2814 VITAL STATISTICS Substitute birth certificate 120 VOCATIONAL REHABILITATION Compensation of director 400 VOTERS' REGISTRATION ACT OF 1958 Amended 56 Amended as to counties having population of over 500,000 persons 162 , 164 VOTING MACHINES Use in certain counties (100,000-300,000) 3153 W WALKER COUNTY Attorney, contracts 2276 WALTON COUNTY Salary of solicitor-general 424 WARE COUNTY Officers placed on salaries 2465 WARRENTON, CITY OF Corporate limits 2320 WARWICK, CITY OF Code 92-4101 - 92-4104 not applicable to City of Warwick 515 Name changed from Town of Warwick, charter amended 3091

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WATER POLLUTION CONTROL Aid to counties 109 WAYCROSS, CITY OF Arbitration of tax assessments 3002 Group insurance for employees 2308 WEBSTER COUNTY Salary of county commissioner 2950 WELFARE, DEPARTMENT OF PUBLIC Aid to the blind 415 Authority to match Federal Grant in Aid funds 222 Medical Assistance for the Aged Act 170 Training schools 186 WEST POINT, CITY OF Charter amended, referendum 2650 WESTERN JUDICIAL CIRCUIT Salary of solicitor-general 424 WHEATLEY, CHARLES H. Exchange of lands with Charles H. Wheatley 573 WHEELER COUNTY Commissioner's salary, clerk, county attorney 2870 Compensation of ordinary 3027 Treasurer's salary 3022 WHITE HOUSE AT AUGUSTA Restoration authorized 289 WHITFIELD COUNTY Contracts 2632 WILD BOAR Defined as big game 515 WILKES COUNTY Compensation, clerical help and meetings of board of commissioners 2294

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WILLS AND ADMINISTRATION OF ESTATES Common trust funds 220 Investments by executors, etc. 188 Methods of examining witnesses to wills 558 Rights vested by adoption decree 219 WINDER, CITY OF Assessments for sanitary purposes 2559 WITNESS FEES Fees in certain counties (45,000-47,000) 494 WITNESSES Method of examining witnesses to wills 558 WOODSTOCK, CITY OF Charter amended 3110 WRAY, ALEXANDER HARRY Disposition of plaque in memory of Alexander Harry Wray 232 Z ZEBULON, CITY OF New charter, referendum 2704

Page 706

POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 16,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168 Miller 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 19,652 22,528 23,261 23,620 25,588 Monroe 10,495 10,523 10,749 11,606 20,138 Montgomery 6,284 7,901 9,668 10,020 9,167 Morgan 10,280 11,899 12,713 12,488 20,143 Murray 10,447 10,676 11,137 9,215 9,490 Muscogee 158,623 118,028 75,494 57,558 44,195 Newton 20,999 20,185 18,576 17,290 21,680 Oconee 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,926 9,958 12,430 12,927 20,287 Paulding 13,101 11,752 12,832 12,327 14,025 Peach 13,846 11,705 10,378 10,268 Pickens 8,903 8,855 9,136 9,687 8,222 Pierce 9,678 11,112 11,800 12,522 11,934 Pike 7,138 8,459 10,375 10,853 21,212 Polk 28,015 30,976 28,467 25,141 20,357 Pulaski 8,204 8,808 9,829 9,005 11,587 Putnam 7,798 7,731 8,514 8,367 15,151 Quitman 2,432 3,015 3,435 3,820 3,417 Rabun 7,456 7,424 7,821 6,331 5,746 Randolph 11,078 13,804 16,609 17,174 16,721 Richmond 135,601 108,876 81,863 72,990 63,692 Rockdale 10,572 8,464 7,724 7,247 9,521 Schley 3,256 4,036 5,033 5,347 5,243 Screven 14,919 18,000 20,353 20,503 23,552 Seminole 6,802 7,904 8,492 7,389 Spalding 25,404 31,045 28,427 23,495 21,908 Stephens 18,391 16,647 12,972 11,740 11,215 Stewart 7,371 9,194 10,603 11,114 12,089 Sumter 24,652 24,208 24,502 26,800 29,640 Talbot 9,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,839 15,939 16,243 15,411 14,502 Taylor 8,311 9,113 10,768 10,617 11,473 Telfair 11,715 13,221 15,145 14,997 15,291 Terrell 12,742 14,314 16,675 18,290 19,601 Thomas 34,319 33,932 31,289 32,612 33,044 Tift 23,587 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361 Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,535 9,149 9,817 White 6,935 5,951 6,417 6,056 6,105 Whitfield 42,109 34,432 26,105 20,808 16,897 Wilcox 7,905 10,167 12,755 13,439 15,511 Wilkes 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,250 9,781 11,025 10,844 11,376 Worth 16,682 19,357 21,374 21,094 23,863 POPULATION NUMERICALLY LISTED ACCORDING TO 1960 CENSUS Counties Population Echols 1,876 Quitman 2,423 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Liberty 14,487 Haralson 14,543 Screven 14,919 Barrow 14,485 Hart 15,229 Brooks 15,292 Tattnall 15,837 Dodge 16,483 Worth 16,682 Douglas 16,741 Toombs 16,837 Jefferson 17,468 Henry 17,619 Crisp 17,768 Emanuel 17,815 Elbert 17,835 Wayne 17,921 Grady 18,015 Habersham 18,116 Stephens 18,391 Jackson 18,499 Washington 18,903 Gordon 19,228 Mitchell 19,652 Meriwether 19,756 Chattooga 19,954 Walton 20,481 Burke 20,596 Newton 20,999 Catoosa 21,101 Coffee 21,953 Cherokee 23,001 Tift 23,487 Upson 23,800 Bulloch 24,263 Sumter 24,652 Decatur 25,203 Polk 28,015 Bartow 28,267 Coweta 28,893 Laurens 32,313 Colquitt 34,048 Ware 34,219 Thomas 34,319 Baldwin 34,064 Spalding 35,404 Carroll 36,451 Houston 39,154 Glynn 41,954 Whitfield 42,109 Gwinnett 43,541 Walker 45,264 Clarke 45,363 Clayton 46,365 Troup 47,189 Lowndes 49,270 Hall 49,739 Floyd 69,130 Dougherty 75,680 Cobb 114,174 Richmond 135,601 Bibb 141,249 Muscogee 158,623 Chatham 188,299 DeKalb 256,782 Fulton 556,326

Page 711

MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1961-1962 Senators District Post Office Ayers, Dr. C. L. 31st Toccoa Bell, Jack 10th Leesburg Blalock, D. B. 36th Newnan Braly, Samuel U. 38th Dallas Brown, Charlie 52nd P.O. Box 30, Atlanta 1 Clanton, Dr. J. Roland 7th P.O. Box 540 Thomasville Clary, Edgar D., Jr. 29th Harlem Claxton, J. W. 21st Wrightsville Conger, J. Willis 8th Bainbridge Dailey, J. T. 11th Cuthbert DeLoach, Dan J. 6th Statenville Dews, Charles E. 9th Edison Dykes, James M. 14th Cochran Fitzpatrick, Mark W. 51st Jeffersonville Gardner, Sam J., Jr. 47th Moultrie Grayson, Spence M. 1st RFD, Wilmington Island, Savannah Green, Gaston V. 44th Rising Fawn Griner, Otto 45th Ocilla Harden, Talmadge F. 27th Commerce Harrington, Floyd 20th Milledgeville Hart, Dan F. 53rd Quitman Ingram, William A. 42nd Cartersville Jackson, Harry C. 24th 1718 - 3rd Ave., Columbus Johnson, O. D. 46th Blackshear Jones, W. T. 23rd Roberta Kelly, Eugene 35th Monroe Knox, Gordon, Jr. 54th Hazlehurst Lambert, E. R. 28th Madison Long, W. C. 3rd Nahunta Mathews, Elden W. 48th Cordele Miller, Zell 40th Young Harris Mitchell, Erwin 43rd Dalton McKenzie, John T. 13th Montezuma McKenzie, Robert 12th Georgetown McWhorter, Hamilton, Jr. 50th Lexington McWhorter, W. Hugh 34th 124 Atlanta Ave., Decatur Newton, A. Sid 17th Millen Overby, Howard T. 33rd 1239 Riverside Dr., Gainesville Owens, Erwin 32nd Dahlonega Perry, G. Ed. 49th Claxton Persons, Robert Ogden, Sr. 22nd Forsyth Peterson, John C. 15th Ailey Ponsell, W. K. 5th Waycross Raynor, Oscar E. 4th Folkston Sanders, Carl E. 18th Sou. Fin. Bldg., Augusta Seagraves, A. F. 30th Hull Smalley, Robert H., Jr. 26th Griffin Staples, Earl 37th Carrollton Towson, Wm. Malcolm 16th Dublin Veazey, W. Tom 19th Warrenton Warnell, Chas. F. 2nd Pembroke Waters, Charles Emerson 41st Ellijay Whisant, E. Mullins 25th Hamilton White, J. L. 39th Douglasville

Page 713

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictCHATHAM, Effingham SPENCE M. GRAYSONRFD, Wilmington Island, Savannah Second DistrictBRYAN, McIntosh, Liberty CHAS. F. WARNELLPembroke Third DistrictBRANTLEY, Wayne, Long W. C. LONGNahunta Fourth DistrictCHARLTON, Glynn, Camden OSCAR E. RAYNORFolkston Fifth DistrictWARE, Atkinson, Clinch W. K. PONSELLWaycross Sixth DistrictECHOLS, Lowndes, Lanier DAN J. DeLOACHStatenville Seventh DistrictTHOMAS, Grady, Mitchell DR. J. ROLAND CLANTONP.O. Box 540, Thomasville Eighth DistrictDECATUR, Seminole, Miller J. WILLIS CONGERBainbridge Ninth DistrictCALHOUN, Early, Baker CHARLES E. DEWSEdison Tenth DistrictLEE, Dougherty, Worth JACK BELLLeesburg Eleventh DistrictRANDOLPH, Terrell, Clay J. T. DAILEYCuthbert Twelfth DistrictQUITMAN, Stewart, Webster ROBERT McKENZIEGeorgetown Thirteenth DistrictMACON, Schley, Sumter JOHN T. McKENZIEMontezuma Fourteenth DistrictBLECKLEY, Dooly, Pulaski JAMES M. DYKESCochran Fifteenth DistrictMONTGOMERY, Wheeler, Toombs JOHN C. PETERSONAiley Sixteenth DistrictLAURENS, Treutlen, Emanuel WM. MALCOLM TOWSONDublin Seventeenth DistrictJENKINS, Screven, Burke A. SID NEWTONMillen

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Eighteenth DistrictRICHMOND, Glascock, Jefferson CARL E. SANDERSSou. Fin. Bldg., Augusta Nineteenth DistrictWARREN, Taliaferro, Greene W. TOM VEAZEYWarrenton Twentieth DistrictBALDWIN, Hancock, Washington FLOYD HARRINGTONMilledgeville Twenty-First DistrictJOHNSON, Jones, Wilkinson J. W. CLAXTONWrightsville Twenty-Second DistrictMONROE, Butts, Lamar ROBERT OGDEN PERSONS, SR.Forsyth Twenty-Third DistrictCRAWFORD, Peach, Taylor W. T. JONESRoberta Twenty-Fourth DistrictMUSCOGEE, Chattahoochee, Marion HARRY C. JACKSON1718-3rd Ave., Columbus Twenty-Fifth DistrictHARRIS, Upson, Talbot E. MULLINS WHISNANTHamilton Twenty-Sixth DistrictSPALDING, Clayton, Fayette ROBERT H. SMALLEY, JR.Griffin Twenty-Seventh DistrictJACKSON, Barrow, Oconee TALMADGE F. HARDENCommerce Twenty-Eighth DistrictMORGAN, Jasper, Putnam E. R. LAMBERTMadison Twenty-Ninth DistrictCOLUMBIA, Lincoln, McDuffie EDGAR D. CLARY, JR.Harlem Thirtieth DistrictMADISON, Elbert, Hart A. F. SEAGRAVESHull Thirty-First DistrictSTEPHENS, Habersham, Franklin DR. C. L. AYERSToccoa Thirty-Second DistrictLUMPKIN, Dawson, White ERWIN OWENSDahlonega Thirty-Third DistrictHALL, Forsyth, Banks HOWARD T. OVERBY1239 Riverside Dr., Gainesville Thirty-Fourth DistrictDeKALB, Gwinnett, Rockdale W. HUGH McWHORTER124 Atlanta Ave., Decatur Thirty-Fifth DistrictWALTON, Henry, Newton EUGENE KELLYMonroe Thirty-Sixth DistrictCOWETA, Meriwether, Pike D. B. BLALOCKNewnan

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Thirty-Seventh DistrictCARROLL, Troup, Heard EARL STAPLESCarrollton Thirty-Eighth DistrictPAULDING, Haralson, Polk SAMUEL U. BRALYDallas Thirty-Ninth DistrictDOUGLAS, Cobb, Cherokee J. L. WHITEDouglasville Fortieth DistrictTOWNS, Union, Rabun ZELL MILLERYoung Harris Forty-First DistrictGILMER, Pickens, Fannin CHARLES EMERSON WATERSEllijay Forty-Second DistrictBARTOW, Chattooga, Floyd WILLIAM A. INGRAMCartersville Forty-Third DistrictWHITFIELD, Gordon, Murray ERWIN MITCHELLDalton Forty-Fourth DistrictDADE, Walker, Catoosa GASTON V. GREENRising Fawn Forty-Fifth DistrictIRWIN, Ben Hill, Telfair OTTO GRINEROcilla Forty-Sixth DistrictPIERCE, Bacon, Coffee O. D. JOHNSONBlackshear Forty-Seventh DistrictCOLQUITT, Tift, Turner SAM J. GARDNER, JR.Moultrie Forty-Eighth DistrictCRISP, Dodge, Wilcox ELDEN W. MATHEWSCordele Forty-Ninth DistrictEVANS, Bulloch, Candler G. ED PERRYClaxton Fiftieth DistrictOGLETHORPE, Clarke, Wilkes HAMILTON McWHORTER, JR.Lexington Fifty-First DistrictTWIGGS, Houston, Bibb MARK W. FITZPATRICKJeffersonville Fifty-Second DistrictFULTON CHARLIE BROWNP. O. Box 30, Atlanta 1 Fifty-Third DistrictBROOKS, Berrien, Cook DAN F. HARTQuitman Fifty-Fourth DistrictJEFF DAVIS, Tattnall, Appling GORDON KNOX, JR.Hazlehurst

Page 716

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1961-1962 Representative County Post Office Abney, Billy Shaw Walker Lafayette Adams, L. E., Jr. Polk Rockmart Akins, Bonnell Union Blairsville Andrews, J. A. Jim Stephens 108 E. Doyle St. Toccoa Andrews, Robert (Bob) Hall Cleveland Rd. Gainesville Arnsdorff, B. Frank Effingham Springfield Ballard, W. D. Newton Bonnelle St. Covington Barber, Mac Jackson Commerce Barnett, H. H. Wilkes P. O. Box 134 Washington Barnett, J. L. (Leckey) Baker Elmodel Barrett, Carl T. Cherokee Holly Springs Baughman, Leon H. Early Cedar Springs Birdsong, Frank G. Troup LaGrange Black, J. Lucius Webster Preston Blalock, Edgar Clayton Jonesboro Boggs, Harold A. (Hap) Madison Box 177 Danielsville Bolton, Arthur K. Spalding Box 602, Griffin Bowen, A'Delbert (Dell) Randolph Cuthbert Bowen, Ross P. Toombs Rt. 1, Lyons Boyett, G. J. (Jack) Whitfield P. O. Box 77 Dalton Bozeman, James W., Jr. Thomas Meigs Brackin, J. O. Seminole Iron City Branch, W. Frank Tift Box 287, Tifton Brooks, George B. Oglethorpe Crawford Brooks, Wilson Fulton 413 Grant Bldg. Atlanta Brown, M. Parks Hart Hartwell Budd, Roger McCartney Lowndes 909 Pineridge Dr., Valdosta Busbee, George D. Dougherty 2003 Nottingham Way, Albany Bynum, Knox Rabun Clayton Caldwell, Johnnie L. Upson Thomaston Carswell, Geo. H. Wilkinson Irwinton Chance, Homer L. Twiggs Danville Chandler, Philip M. Baldwin 500 N. Tattnall St. Milledgeville Clark, Joe T. Catoosa Ringgold Clarke, Harold G. Monroe Forsyth Cloer, B. C. Towns Young Harris Cocke, Steve M. Terrell Dawson Coker, Robert E. Walker LaFayette Collins, John Mitchell Rt. 1, Pelham Conner, James L. (Jimmy) Jeff Davis Hazlehurst Cox, Julian H. Clarke 285 College Ave., Athens Crawford, Ralph L. Chatham 356 Oxford Dr. Savannah Crowe, Charles V., Jr. Bartow P. O. Box 83 Cartersville Culpepper, Brooks Talbot P. O. Box 57 Talbotton Davis, E. C. (Gene) Wayne Rt. 2, Jesup Deen, H. Dorsey Bacon Rt. 4, Alma Dickey, Grady Lee Chatham 312 E. Oglethorpe Ave. Savannah Dicus, Harry Muscogee 208 Empire Bldg. Columbus Dollar, G. Harvey Decatur 710 Scott St. Bainbridge Dorminy, A. B. C. (Brad), Jr. Ben Hill 701 W. Central Fitzgerald Doster, Norman B. Wilcox Rochelle Duncan, A. C. Fannin Box 308 Copperhill, Tenn. Duncan, J. Ebb Carroll W. Club Dr. Carrollton Dunn, Lamar E. Pike Rt. 1 Williamson Echols, Talmage B. Upson Thomaston Fitzgerald, Byrom M. Long Ludowici Fleming, William M., Jr. Richmond Johnson Bldg., Augusta Flexer, Winebert Dan, II Glynn Country Club Pk., Brunswick Floyd, James H. Chattooga Box 521, Trion Flynt, Wales T. Taliaferro Crawfordville Fordham, Wiley B. Bulloch 4 S. Main St. Statesboro Fowler, Alpha A., Jr. Douglas Douglasville Fowler, J. Wyman Treutlen Soperton Funk, Arthur J. Chatham 7 Grimball River Rd. Savannah Fuqua, J. B. Richmond 1001 Reynolds St., Augusta Greene, Wm. B. Bartow c/o Lawyers Bldg., S. Erwin St., Cartersville Hale, Maddox J. Dade Trenton Hall, H. Goodwin Lee Rt. 2, Leesburg Hall, J. Battle Floyd Box 1267 Rome Harrell, A. Hewlette Fayette Fayetteville Henderson, Waldo Atkinson Rt. 2, Lakeland Hill, Render Meriwether Greenville Hodges, Ben A. Ware Waycross Horton, N. D., Jr. Putnam Eatonton Howard, Pierre DeKalb 209 Phelps Bldg., Decatur Hull, James M., Jr. Richmond Sou. Fin. Bldg., Augusta Hurst, Joe J. Quitman Georgetown Jernigan, Wallace L. Clinch Box 337 Homerville Johnson, Marion Merrill, Sr. Jenkins 314 Harvey St. Millen Joiner, Francis Washington P. O. Box 151 Tennille Jones, Charles M. Liberty 105 S. Medway St., Hinesville Jones, David C. Worth Box 90 Sylvester Jones, Fred C., Jr. Lumpkin 707 N. Grove St., Dahlonega Jones, Thad M. Sumter P. O. Box 28 Plains Jordan, W. Harvey Calhoun Leary Keadle, Haygood Lamar Barnesville Kelly, Roy R. Jasper Monticello Keyton, James W. (Jim) Thomas 137 Woodland Dr. Thomasville Kidd, Culver Baldwin Milledgeville Killian, William R. Glynn Brunswick Killingsworth, Albert S. Clay Ft. Gaines Kimmons, W. H. (Bill) Pierce 310 Highway Ave. Blackshear King, Joe N. Chattahoochee P. O. Box 96 Cusseta Kirkland, H. E. (Red) Tattnall Rt. 1, Box 2 Glennville Knight, D. W. (Bill) Jr. Laurens Dexter Knight, W. D. Berrien P. O. Box 117 Nashville Lane, W. Jones Bulloch Statesboro Lanier, William L. (Bill) Candler Rt. 2, Metter Lee, William J. Bill Clayton Rt. 1 Forest Park Lewis, Preston B., Jr. Burke Box 88 Waynesboro Loggins, Joseph E. Chattooga Summerville Lokey, Leonard N. McDuffie P. O. Box 167 Thomson Lovett, W. Herschel Laurens Dublin Lowrey, Sidney Floyd Rt. 1, Rome Mackay, James A. DeKalb Masonic Temple Bldg. Decatur Massee, R. C. (Bob) Pulaski Hawkinsville Matthews, Chappelle Clarke 116 Shackelford Bldg., Athens Matthews, Dorsey R. Colquitt Moultrie McClelland, Ralph Fulton 1103 1st Nat'l Bank Bldg. Atlanta McCracken, J. Roy Jefferson Avera McCutchen, P. T. Gilmer Ellijay McDonald, T. J., Jr. White Box 126 Cleveland McGarity, Edward E. Henry McDonough Melton, Quimby, Jr. Spalding Box 411 Rt. 3, Griffin Milhollin, Henry R. Coffee Rt. 2, Douglas Miller, Dr. J. H. Elbert Elberton Mixon, Harry Irwin First State Bk. Bldg., Ocilla Moate, Marvin E. Hancock Sparta Moore, John Harvey Polk 503 N. Cave Spring St. Cedartown Moorman, Warren S. Lanier Lakeland Morgan, Handsel Gwinnett Buford Morris, Leonard Tift 813 Carolina Dr., Tifton Moss, C. L. Gordon Calhoun Mullis, J. R. (Jim) Bleckley Cochran Murphy, Thomas B. Haralson 101 Atlantic Ave., Bremen NeSmith, Jimmy D. Meriwether P. O. Box 269 Manchester Newton, David L. Colquitt Rt. 2 Norman Park Odom, Colquitt Dougherty 234 Pine Ave., Albany Otwell, Roy P., Sr. Forsyth Cumming Pannell, Chas. A. Murray Chatsworth Paris, James W. Barrow Winder Parker, H. Walstein Screven Rt. 6, Sylvania Parker, Thomas A. Ware Rt. 4, Waycross Parker, W. C. Bill Appling Baxley Parmer, Hershel W. Heard Roopville Payton, Henry N. Coweta P. O. Box 554 Newnan Pelham, B. E. Schley Ellaville Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Phillips, J. Taylor Bibb 563 Walnut St. Macon Pickard, Mac Muscogee 1701 Crest Dr. Box 1657 Columbus Poole, Will Pickens Jasper Potts, George W. Coweta Newnan Purcell, Parker Franklin Carnesville Raulerson, Louis T. Echols Haylow Ray, Jack B. Warren Norwood Roberts, Corbin C. Jones Gray Rodgers, H. Ben Charlton Folkston Rogers, James V. Paulding Dallas Roper, Allen P. Greene Greensboro Ross, Ben B. Lincoln Lincolnton Rowland, Emory L. Johnson Wrightsville Rutland, Guy W., Jr. DeKalb 703 Clairmont Ave., Decatur Sangster, Thomas I. Dooly Rt. 3, Vienna Scarborough, John C., Jr. Crawford Box 234 Roberta Scoggin, Robert L. (Bob) Floyd Masonic Bldg., Rome Sheffield, John E., Jr. Brooks Quitman Shuman, Jack W. Bryan Pembroke Simmons, J. Grover Banks Rt. 1, Baldwin Simpson, Mackie Wheeler Glenwood Sinclair, J. Paul Macon Montezuma Singer, Sam S. Stewart Lumpkin Smith, Geo. L., II Emanuel Swainsboro Smith, George T. Grady P. O. Box 156 Cairo Smith, J. Robert Brantley Nahunta Smith, M. M. (Muggsy) Fulton 650 Hurt Bldg. Atlanta Smith, Richard Russell Habersham Box 33 Clarkesville Smith, Virgil T. Whitfield Dalton Steis, William Burton Harris Hamilton Stevens, E. C. (Hamp) Marion Buena Vista Story, Earl P. Gwinnett Lawrenceville Strickland, Ernest W. Evans Rt. 2, Claxton Stuckey, W. S. Dodge Stuckey's, Inc. Box 301 Eastman Summers, Marvin Lester Crisp Rt. 2, Cordele Tabb, Buck Miller Colquitt Tamplin, Howard Morgan Madison Taylor, Henry Dawson Star Rt. Gainesville Taylor, John L. Decatur Attapulgus Taylor, Phil Bibb 914 Persons Bldg., Macon Teague, E. W. Cobb Rt. 6, Allgood Rd., Marietta Thornton, Richard B. Bibb 165 - 1st St. Bldg., Macon Todd, W. G. Glascock Gibson Tucker, M. King Burke Box 54 Waynesboro Twitty, Frank S. Mitchell Camilla Undercofler, Hiram K. Sumter Americus Underwood, Joe C. Montgomery Mt. Vernon Underwood, Ralph R. Taylor Butler Vaughn, Clarence R., Jr. Rockdale Conyers Waldrop, Hayne Carroll P. O. Box 253 Villa Rica Walker, Fred H. Lowndes 2117 Jerry Jones Dr. Box 624 Valdosta Walker, J. Wimbric Telfair McRae Ware, J. Crawford Troup Hogansville Watson, R. Herman Houston 109 Dogwood Dr. Warner Robins Wells, D. Warner Peach Ft. Valley Wells, Hubert H. Oconee Watkinsville Wells, J. Nolan Camden Kingsland White, Daniel H. McIntosh Darien Wickham, William C. (Billy) Muscogee P. O. Box 5 Columbus Wilkes, Wilson B. Cook Adel Williams, George J. Coffee Rt. 1, Axson Williams, W. M. (Bill) Hall 630 Brenau Ln. Gainesville Willingham, Harold S. Cobb 841 Church St. Marietta Wilson, Joe Mack Cobb 306 Northcutt St., Marietta Woodward, Bailey Butts Jackson Young, Clyde S. Turner Rebecca

Page 724

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1961-1962 County Representative Post Office Appling W. C. Bill Parker Baxley Atkinson Waldo Henderson Rt. 2, Lakeland Bacon H. Dorsey Deen Rt. 4, Alma Baker J. L. (Leckey) Barnett Elmodel Baldwin Culver Kidd Milledgeville Philip M. Chandler 500 N. Tattnall St. Milledgeville Banks J. Grover Simmons Rt. 1, Baldwin Barrow James W. Paris Winder Bartow Wm. B. Greene c/o Lawyers Bldg. S. Erwin St. Cartersville Charles V. Crowe, Jr. P. O. Box 83 Cartersville Ben Hill A. B. C. (Brad) Dorminy, Jr. 701 W. Central Fitzgerald Berrien W. D. Knight P. O. Box 117 Nashville Bibb Richard B. Thornton 165 - 1st St. Bldg., Macon J. Taylor Phillips 563 Walnut St. Macon Phil Taylor 914 Persons Bldg., Macon Bleckley J. R. (Jim) Mullis Cochran Brantley J. Robert Smith Nahunta Brooks John E. Sheffield, Jr. Quitman Bryan Jack W. Shuman Pembroke Bulloch Wiley B. Fordham 4 S. Main St. Statesboro W. Jones Lane Statesboro Burke M. King Tucker Box 54 Waynesboro Preston B. Lewis, Jr. Box 88 Waynesboro Butts Bailey Woodward Jackson Calhoun W. Harvey Jordan Leary Camden J. Nolan Wells Kingsland Candler William L. (Bill) Lanier Rt. 2, Metter Carroll J. Ebb Duncan W. Club Dr. Carrollton Hayne Waldrop P. O. Box 253 Villa Rica Catoosa Joe T. Clark Ringgold Charlton H. Ben Rodgers Folkston Chatham Ralph L. Crawford 356 Oxford Dr. Savannah Grady Lee Dickey 312 E. Oglethorpe Ave. Savannah Arthur J. Funk 7 Grimball River Rd., Savannah Chattahoochee Joe N. King P. O. Box 96 Cusseta Chattooga James H. Floyd Box 521, Trion Joseph E. Loggins Summerville Cherokee Carl T. Barrett Holly Springs Clarke Julian H. Cox 285 College Ave., Athens Chappelle Matthews 116 Shackelford Bldg., Athens Clay Albert S. Killingsworth Ft. Gaines Clayton Edgar Blalock Jonesboro William J. Bill Lee Rt. 1, Forest Park Clinch Wallace L. Jernigan Box 337 Homerville Cobb E. W. Teague Rt. 6, Allgood Rd., Marietta Harold S. Willingham 841 Church St., Marietta Joe Mack Wilson 306 Northcutt St., Marietta Coffee George J. Williams Rt. 1, Axson Henry R. Milhollin Rt. 2, Douglas Colquitt Dorsey R. Matthews Moultrie David L. Newton Rt. 2, Norman Park Columbia Glenn S. Phillips Harlem Cook Wilson B. Wilkes Adel Coweta Henry N. Payton P. O. Box 554, Newnan George W. Potts Newnan Crawford John C. Scarborough, Jr. Box 234 Roberta Crisp Marvin Lester Summers Rt. 2, Cordele Dade Maddox J. Hale Trenton Dawson Henry Taylor Star Rt., Gainesville Decatur G. Harvey Dollar 710 Scott St. Bainbridge John L. Taylor Attapulgus DeKalb James A. Mackay Masonic Temple Bldg., Decatur Pierre Howard 209 Phelps Bldg., Decatur Guy W. Rutland, Jr. 703 Clairmont Ave., Decatur Dodge W. S. Stuckey Stuckey's Inc. Box 301 Eastman Dooly Thomas I. Sangster Rt. 3, Vienna Dougherty Colquitt Hurst Odom 234 Pine Ave., Albany George D. Busbee 2003 Nottingham Way Albany Douglas Alpha A. Fowler, Jr. Douglasville Early Leon H. Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham B. Frank Arnsdorff Springfield Elbert Dr. J. H. Miller Elberton Emanuel Geo. L. Smith II Swainsboro Evans Ernest W. Strickland Rt. 2, Claxton Fannin A. C. Duncan Box 308, Copperhill, Tenn. Fayette A. Hewlette Harrell Fayetteville Floyd Robert L. (Bob) Scoggin Masonic Bldg., Rome J. Battle Hall Box 1267 Rome Sidney Lowrey Rt. 1, Rome Forsyth Roy P. Otwell, Sr. Cumming Franklin Parker Purcell Carnesville Fulton Wilson Brooks 413 Grant Bldg. Atlanta M. M. (Muggsy) Smith 650 Hurt Bldg. Atlanta Ralph McClelland 1103 1st Nat'l Bank Bldg. Atlanta Gilmer P. T. McCutchen Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian Brunswick Winebert Dan Flexer, II Country Club Pk., Brunswick Gordon C. L. Moss Calhoun Grady George T. Smith P. O. Box 156 Cairo Greene Allen P. Roper Greensboro Gwinnett Earl P. Story Lawrenceville Handsel Morgan Buford Habersham Richard Russell Smith Box 33 Clarkesville Hall W. M. (Bill) Williams 630 Brenau Ln., Gainesville Robert (Bob) Andrews Cleveland Rd., Gainesville Hancock Marvin E. Moate Sparta Haralson Thomas B. Murphy 101 Atlantic Ave., Bremen Harris William Burton Steis Hamilton Hart M. Parks Brown Hartwell Heard Hershel W. Parmer Roopville Henry Edward E. McGarity McDonough Houston R. Herman Watson 109 Dogwood Dr. Warner Robins Irwin Harry Mixon First State Bank Bldg. Ocilla Jackson Mac Barber Commerce Jasper Roy R. Kelly Monticello Jeff Davis James L. (Jimmy) Conner Hazlehurst Jefferson J. Roy McCracken Avera Jenkins Marion Merrill Johnson, Sr. 314 Harvey St., Millen Johnson Emory L. Rowland Wrightsville Jones Corbin C. Roberts Gray Lamar Haygood Keadle Barnesville Lanier Warren S. Moorman Lakeland Laurens D. W. (Bill) Knight, Jr. Dexter W. Herschel Lovett Dublin Lee H. Goodwin Hall Rt. 2, Leesburg Liberty Charles M. Jones 105 S. Medway St. Hinesville Lincoln Ben B. Ross Lincolnton Long Byrom M. Fitzgerald Ludowici Lowndes Fred H. Walker Box 624 2117 Jerry Jones Dr. Valdosta Roger McCartney Budd 909 Pineridge Dr., Valdosta Lumpkin Fred C. Jones, Jr. 707 N. Grove St., Dahlonega Macon J. Paul Sinclair Montezuma Madison Harold A. (Hap) Boggs Box 177 Danielsville Marion E. C. (Hamp) Stevens Buena Vista McDuffie Leonard N. Lokey P. O. Box 167, Thomson McIntosh Daniel H. White Darien Meriwether Render Hill Greenville Jimmy D. NeSmith P. O. Box 269 Manchester Miller Buck Tabb Colquitt Mitchell Frank S. Twitty Camilla John Collins Rt. 1, Pelham Monroe Harold G. Clarke Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan Howard Tamplin Madison Murray Chas. A. Pannell Chatsworth Muscogee Harry Dicus 208 Empire Bldg., Columbus Mac Pickard 1701 Crest Dr. Box 1657 Columbus William C. (Billy) Wickham P. O. Box 5 Columbus Newton W. D. Ballard Bonnelle St. Covington Oconee Hubert H. Wells Watkinsville Oglethorpe George B. Brooks Crawford Paulding James V. Rogers Dallas Peach D. Warner Wells Ft. Valley Pickens Will Poole Jasper Pierce W. H. (Bill) Kimmons 310 Highway Ave. Blackshear Pike Lamar E. Dunn Rt. 1, Williamson Polk John Harvey Moore 503 N. Cave Spring St., Cedartown L. E. Adams, Jr. Rockmart Pulaski R. C. (Bob) Massee Hawkinsville Putnam N. D. Horton, Jr. Eatonton Quitman Joe J. Hurst Georgetown Rabun Knox Bynum Clayton Randolph A'Delbert (Dell) Bowen Cuthbert Richmond William M. Fleming, Jr. Johnson Bldg., Augusta J. B. Fuqua 1001 Reynolds St., Augusta James M. Hull, Jr. Sou. Fin. Bldg., Augusta Rockdale Clarence R. Vaughn, Jr. Conyers Schley B. E. Pelham Ellaville Screven H. Walstein Parker Rt. 6, Sylvania Seminole J. O. Brackin Iron City Spalding Arthur K. Bolton Box 602 Griffin Quimby Melton, Jr. Box 411 Rt. 3, Griffin Stephens J. A. Jim Andrews 108 E. Doyle St. Toccoa Stewart Sam S. Singer Lumpkin Sumter Thad M. Jones P. O. Box 28, Plains Hiram K. Undercofler Americus Talbot Brooks Culpepper P. O. Box 57, Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall H. E. (Red) Kirkland Box 2 Rt. 1, Glennville Taylor Ralph R. Underwood Butler Telfair J. Wimbric Walker McRae Terrell Steve M. Cocke Dawson Thomas James W. (Jim) Keyton 137 Woodland Dr., Thomasville James W. Bozeman, Jr. Meigs Tift Leonard Morris 813 Carolina Dr., Tifton W. Frank Branch Box 287 Tifton Toombs Ross P. Bowen Rt. 1, Lyons Towns B. C. Cloer Young Harris Treutlen J. Wyman Fowler Soperton Troup Frank G. Birdsong LaGrange J. Crawford Ware Hogansville Turner Clyde S. Young Rebecca Twiggs Homer L. Chance Danville Union Bonnell Akins Blairsville Upson Johnnie L. Caldwell Thomaston Talmage B. Echols Thomaston Walker Billy Shaw Abney LaFayette Robert E. Coker LaFayette Walton John Lee Phillips Monroe Ware Thomas A. Parker Rt. 4, Waycross Ben. A. Hodges Waycross Warren Jack B. Ray Norwood Washington Francis Joiner P. O. Box 151, Tennille Wayne E. C. (Gene) Davis Rt. 2, Jesup Webster J. Lucius Black Preston Wheeler Mackie Simpson Glenwood White T. J. McDonald, Jr. Box 126 Cleveland Whitfield G. J. (Jack) Boyett P. O. Box 77 Dalton Virgil T. Smith Dalton Wilcox Norman B. Doster Rochelle Wilkes H. H. Barnett P. O. Box 134, Washington Wilkinson Geo. H. Carswell Irwinton Worth David C. Jones Box 90, Sylvester

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR YEARS 1953-1960 AS OF MAY, 1961 Georgia Laws Referendums Proposed Status Unknown Not Held Final Result 1953 (Jan.-Feb.) 14 1 2 11 1953 (Nov.-Dec.) 21 4 ..... 17 1955 17 1 1 15 1956 39 4 1 34 1957 24 ..... 1 23 1958 46 3 2 41 1959 35 ..... 1 34 1960 47 11 1 35 TOTAL 243 24 9 210

Page 734

REFERENDUM ELECTIONS1953-1960 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 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

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Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain county officers on salary basis 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County 9-8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 Tax Millage 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 This is a summary of the results of referendum elections which are of file and record in the office of 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. Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55* For1079 *Special election held May 31, 1955 and 2 additional members elected. Agn716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton and Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206 This is a summary of the results of referendum elections which are of file and record in the office of 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.

Page 738

Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2Colonial Heights Area: For145; Agn83 Area 3Crestwood Gardens Area: For27; Agn87 Area 4East Moultrie Area: For41; Agn147 Area 5Tifton Highway Area: For29; Agn107 Area 6Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb 3237 Multiple commission from of government 5-16-56 For18,393 (1 of 2) Agn2,001 DeKalb 3237 Commission Chairman 5-16-56 For: (a)4,743 (1 of 2) For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41; Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of 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. Georgia Laws, 1957 : County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 This is a summary of the results of referendum elections which are of file and record in the office of 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. Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park Status unknown Clayton and Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton and Fulton 2363 City of College Park 5-14-58 For10 Agn0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2- City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3- City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Fulton 2721 City of College Park 6-3-58 For738 Agn340 Fulton and Clayton 2453 City of College Park 5-19-58 For2 Agn0 Fulton and Clayton 2854 City of College Park 5-14-58 For0 Agn0 Fulton and Clayton 3212 City of East Point 7-16-58 For63 Agn28 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 Gainesville City Commission 4-1-58 For925 Agn169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2697 City of Tifton 5-7-58 For669 Agn43 Tift 2696 City of Tifton 4-30-58 For333 Agn286 Tift 2930 City of Tifton Commissioners 5-28-58 For338 Agn338 Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held This is a summary of the results of referendum elections which are of file and record in the office of 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. Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For7 Agn36 Bartow 2907 City of White 5-16-59 For27 Agn45 Bartow 2920 City of Kinston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County officers on salary basis 4-4-59 For1522 Agn509 Clayton and Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton and Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton and Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton and Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Colquitt 2397 TaxationCity of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Douglas 3142 City of AustellParcel #4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For14 Agn15 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County officers on salary basis 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 County officials on salary system 6-30-59 For502 Agn75 Meriwether and Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For810 Agn1629 This is a summary of the results of referendum elections which are of file and record in the office of 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. Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 Status unknown Bibb 3223 Macon Bibb County incorporated 6-1-60 City vote : For4598; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan Status unknown Douglas and Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur 12-7-60 Status unknown Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton and Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton and Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County officers on salary basis 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4057 Agn959 Jefferson 2913 Town of Avera 9-15-60 Status unknown Lamar 2294 Certain County officers on salary basis 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not held as of 9-8-60 Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County officers on salary basis 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806 This is a summary of the results of referendum elections which are of file and record in the office of 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.

Page 754

RESULTS OF CONSTITUTIONAL AMENDMENTS OF 1960 GOVERNOR'S PROCLAMATION A Proclamation BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed Amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 8, 1960, and the following are the votes received: FOR AGAINST 1 . (Ga. L. 1960 P. 1297) Amendment to the Constitution to provide for the appropriation of motor fuel taxes for highway construction and maintenance purposes in order to provide an adequate system of through highways, rural and post roads and bridges in this State. 282,773 133,810 2 . (Ga. L. 1960 P. 1273) Amendment to Article VII, Section VI, Paragraph 1 (a) of the Constitution to establish and clarify provisions for payment of contract obligations authorized by the State Constitution. 206,952 148,528 3 . (Ga. L. 1960 P. 1270) Amendment to the Constitution so as to provide for additional members from the State - at - large to the State Board of Education and a new method of filling vacancies. 121,237 257,843 4 . (Ga. L. 1960 P. 1211) Amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of State funds to municipalities. 207,067 164,972 5 . (Ga. L. 1960 P. 1444) Amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education. 194,771 170,889 6 . (Ga. L. 1960 P. 1347) Amendment to the Constitution so as to provide for Salary, Expenses and Mileage of the Members of the General Assembly. 116,296 247,233 7 . (Ga. L. 1960 P. 1262) Amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission to make loans available to industrial development agencies to aid them in acquiring and constructing industrial and manufacturing plants and facilities within the State; and to provide that the General Assembly shall have the power to tax to carry out and implement the purposes of Commission. 180,174 173,625 8 . (Ga. L. 1960 P. 1245) Amendment to the Constitution so as to provide for the promotion of agricultural products. 247,301 128,534 9 . (Ga. L. 1960 P. 1225) Amendment to the Constitution so as to provide for the payment for taking or damaging private property for public road and street purposes. 212,516 140,167 10 . (Ga. L. 1960 P. 1318) Amendment to the Constitution so as to provide that the Commissioner of Agriculture shall be ex officio a member of the Board of Regents of the University System of Georgia. 119,203 278,804 11 . (Ga. L. 1960 P. 1213) Amendment to the Constitution so as to empower the General Assembly to authorize counties to use public funds for school lunch purposes. 214,788 152,451 12 . (Ga. L. 1960 P. 1268) Amendment to Article VII, Section II, of the 1945 Constitution of Georgia, so as to authorize the levy of a maximum of $1.00 on the sale of every marriage license in Georgia for the purpose of paying pensions and other benefits and costs under an Ordinaries' Retirement System of Georgia. 173,170 195,012 13 . (Ga. L. 1960 P. 1300) Amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at Milledgeville State Hospital. 254,520 109,713 14 . (Ga. L. 1960 P. 1215) Amendment to the Constitution so as to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of mental health. 251,937 111,249 15 . (Ga. L. 1960 P. 1259) Amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools. 242,015 115,705 16 . (Ga. L. 1960 P. 1366) Amendment to the Constitution so as to authorize counties to purchase liability insurance. 232,036 118,314 17 . (Ga. L. 1960 P. 1247) Amendment to the Constitution so as to authorize the creation of a Brunswick Ports Authority. 179,466 161,234 18 . (Ga. L. 1960 P. 1255) Amendment to the Constitution so as to provide for the discipline, including courts - martial and non - judicial punishment, procedures and rules of evidence therefor, for members of the Militia when not in Federal service. 185,954 148,736 19 . (Ga. L. 1960 P. 1257) Amendment to the Constitution to authorize the General Assembly to create the Athens Public Facilities Authority and to ratify and confirm the Act heretofore adopted pertaining to said Authority and to ratify and confirm all acts performed by it pursuant thereto. 139,699 173,948 THEREFORE: I, S. Ernest Vandiver, Governor of the State of Georgia, do hereby proclaim that general Amendments Nos. 1, 2, 4, 5, 7, 8, 9, 11, 13, 14, 15, 16, 17, 18, having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 3, 6, 10, 12, 19, not having been ratified are hereby declared not to be a part of the Constitution of Georgia, effective this date.

Page 757

Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 29th day of November, 1960, and of the Independence of the United States of America, the One Hundred and Eighty Fifth. S. ERNEST VANDIVER Governor BY THE GOVERNOR: PETER ZACK GEER Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

Page 758

GOVERNOR'S PROCLAMATION A Proclamation BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed local Amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 8, 1960, and the following are votes received by each such local Constitutional Amendment in the particular County or Counties affected by each such local Amendment, to-wit: FOR AGAINST 20 . (Ga. L. 1959 P. 451) Amendment to the Constitution so as to provide that a member of the County Board of Education of Baker County must be a freeholder and to provide that a vacancy shall occur in the event a member removes his residence from the school district which he represents. BAKER COUNTY 626 16 21 . (Ga. L. 1960 P. 1395) Amendment to the Constitution to provide for the adoption of ordinances for the governing and policing of Baldwin County and enforcement of County ordinances. BALDWIN COUNTY 705 2,253 22 . (Ga. L. 1960 P. 1280) Amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for hospital, surgical and medical care for employees. BIBB COUNTY 6,535 7,003 23 . (Ga. L. 1960 P. 1227) Amendment to the Constitution so as to create the Brooks County Development Authority. BROOKS COUNTY 803 1,100 24 . (Ga. L. 1960 P. 1321) Amendment to the Constitution so as to provide for the merging of the existing independent school system of the City of Quitman and existing school district of Brooks County lying outside the corporate limits of said City into one school system coextensive with the limits of said County; and so as to provide for the termination of the term of office of the present County School Superintendent and the appointment of a School Superintendent by a Board of Education elected by the people. Those living in the Quitman City School System 428 136 These living outside the corporate limits of said City. 293 128 Morven District 62 124 Barney District 25 137 Dixie District 32 77 Williams District 17 116 Dry Lake District 44 53 Nankin District 42 20 Tallocas District 6 42 Hickory Head District 12 19 Groverville District 8 21 Empress District 7 1 Briggs District 4 18 BROOKS COUNTY 980 892 25 . (Ga. L. 1959 P. 460) Amendment to the Constitution so as to grant authority to the City of St. Marys to bind itself by contract to a stabilized property tax program. CAMDEN COUNTY 287 174 26 . (Ga. L. 1960 P. 1283) Amendment to the Constitution so as to provide for a Board of Tax Administrators to evaluate property in Catoosa County and to require the taxing authorities to levy a tax therefor. CATOOSA COUNTY 1,945 2,090 27 . (Ga. L. 1960 P. 1344) Amendment to the Constitution so as to create the Savannah Transit Authority. CHATHAM COUNTY 10,457 4,769 28 . (Ga. L. 1960 P. 1418) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Chattahoochee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. CHATTAHOOCHEE COUNTY 127 42 29 . (Ga. L. 1959 P. 453) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Chattooga County by the people. CHATTOOGA COUNTY 2,042 403 30 . (Ga. L. 1960 P. 1306) Amendment to the Constitution so as to provide for the paving of streets in Clarke County and to authorize the cost thereof to be assessed against the property on each side of such streets. CLARKE COUNTY 3,086 2,612 31 . (Ga. L. 1960 P. 1308) Amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer, street light and garbage collection districts within Clarke County CLARKE COUNTY 3,699 1,892 32 . (Ga. L. 1960 P. 1310) Amendment to the Constitution so as to authorize the governing authority of Clarke County to issue and require building permits, to charge fees therefor, and to establish a building code. CLARKE COUNTY 3,338 2,084 33 . (Ga. L. 1960 P. 1313) Amendment to Article VII, Section IV, Paragraph 1 of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Clarke County to assess and collect license fees and occupational taxes upon businesses in Clarke County outside the incorporated limits of municipalities and to regulate same. CLARKE COUNTY 3,294 2,152 34 . (Ga. L. 1960 P. 1316) Amendment to the Constitution to provide for the adoption of ordinances for policing of Clarke County and enforcement of County ordinances. CLARKE COUNTY 3,767 1,559 35 . (Ga. L. 1960 P. 1379) Amendment to Constitution so as to create the Athens-Clarke County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. CLARKE COUNTY 3,347 2,020 36 . (Ga. L. 1960 P. 1387) Amendment to the Constitution so as to provide for water, sanitation, sewerage and fire protection systems for Clarke County and the levying of taxes and the issuance of bonds related thereto. CLARKE COUNTY 3,359 2,189 37 . (Ga. L. 1959 P. 457) Amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in Clay County and to prescribe the procedure connected therewith. CLAY COUNTY 386 44 38 . (Ga. L. 1960 P. 1354) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Clay County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. CLAY COUNTY 388 51 39 . (Ga. L. 1960 P. 1206) Amendment to the Constitution so as to authorize the General Assembly to grant the governing authority of Clayton County the right to district areas in said county outside municipalities for fire protection purposes. CLAYTON COUNTY 5,107 1,280 40 . (Ga. L. 1960 P. 1238) Amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated area of Cobb County; to provide various codes; and to provide the procedure connected therewith. COBB COUNTY 4,962 6,244 41 . (Ga. L. 1960 P. 1376) Amendment to the Constitution so as to authorize the General Assembly of Georgia to create and establish an independent school system for the City of Smyrna. COBB COUNTY 7,053 6,576 42 . (Ga. L. 1960 P. 1426) Amendment to the Constitution so as to authorize Cobb County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Cobb County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof. COBB COUNTY 2,178 10,609 43 . (Ga. L. 1960 P. 1402) Amendment to the Constitution so as to create the Moultrie-Colquitt County Development Authority. COLQUITT COUNTY 4,120 436 44 . (Ga. L. 1960 P. 1374) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Dade County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. DADE COUNTY 304 66 45 . (Ga. L. 1960 P. 1368) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Decatur County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. DECATUR COUNTY 2,575 505 46 . (Ga. L. 1960 P. 1410) Amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that DeKalb County may levy a tax, not to exceed one-fourth mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in DeKalb County. DEKALB COUNTY 15,551 13,870 47 . (Ga. L. 1960 P. 1392) Amendment to Article VII, Section IV, Paragraph I, of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Dougherty County to assess and collect license fees and occupational taxes upon businesses in Dougherty County outside the incorporated limits of municipalities and to regulate same. DOUGHERTY COUNTY 3,779 2,278 48 . (Ga. L. 1960 P. 1341) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Early County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. EARLY COUNTY 2,077 75 49 . (Ga. L. 1960 P. 1195) Amendment to the Constitution providing the procedure relative to the election of the County Board of Education of Elbert County by the voters of Elbert County and the election of the County School Superintendent of Elbert County by the County Board of Education of Elbert County. ELBERT COUNTY 1,606 2,343 50 . (Ga. L. 1960 P. 1441) Amendment of the amendment to Article VII, Section VII, Paragraph I of the Constitution of 1945, providing for the assumption of certain Fulton County School District obligations by the City of Atlanta in the event of future extensions of its corporate limits. DEKALB COUNTY 1,327 1,146 FULTON COUNTY 26,367 14,757 51 . (Ga. L. 1960 P. 1439) Amendment to the Constitution so as to provide for the election of members of the Board of Education of Glascock County by the people. GLASCOCK COUNTY 334 80 52 . (Ga. L. 1960 P. 1232) Amendment to the Constitution so as to relieve the Sheriff of Glynn County of his statutory duties as Jailer in the event the County of Glynn contracts with the City of Brunswick for jail facilities and to provide that the City Marshal shall perfor such duties. GLYNN COUNTY 3,252 2,559 53 . (Ga. L. 1960 P. 1397) Amendment to the Constitution so as to authorize the creation of sewage districts in Glynn County, and the levying of taxes and the issuance of bonds related thereto. GLYNN COUNTY 2,415 3,527 54 . (Ga. L. 1960 P. 1420) Amendment to the Constitution so as to authorize Glynn County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Glynn County. GLYNN COUNTY 1,843 4,205 55 . (Ga. L. 1960 P. 1433) Amendment to the Constitution so as to provide staggered terms for the members of the Board of Education of Gwinnett County and to provide a term for the County School Superintendent. GWINNETT COUNTY 3,864 1,642 56 . (Ga. L. 1960 P. 1199) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Hall County by the people. HALL COUNTY 3,450 932 57 . (Ga. L. 1960 P. 1303) Amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Hall County to district areas for fire protection purposes and to levy a tax to defray the cost of fire protection. HALL COUNTY 2,367 1,682 58 . (Ga. L. 1960 P. 1349) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Lee County to issue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. LEE COUNTY 337 123 59 . (Ga. L. 1960 P. 1223) Amendment to the Constitution so as to authorize the County Board of Education of Lowndes County to borrow funds and pledge certain building funds to the payment thereof. LOWNDES COUNTY 494 282 60 . (Ga. L. 1960 P. 1359) Amendment to the Constitution so as to create the Valdosta-Lowndes County Industrial Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. LOWNDES COUNTY 4,518 779 61 . (Ga. L. 1960 P. 1295) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Macon County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. MACON COUNTY 832 888 62 . (Ga. L. 1960 P. 1287) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Marion County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. MARION COUNTY 590 87 63 . (Ga. L. 1960 P. 1422) Amendment to the Constitution so as to provide that the Board of Education of McIntosh County shall be elected by the people. McINTOSH COUNTY 508 308 64 . (Ga. L. 1960 P. 1203) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Meriwether County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. MERIWETHER COUNTY 1,521 746 65 . (Ga. L. 1960 P. 1217) Amendment to the Constitution so as to authorize Morgan County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in Morgan County. MORGAN COUNTY 639 610 66 . (Ga. L. 1960 P. 1219) Amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Morgan County to assess and collect license fees and occupational taxes upon businesses in Morgan County outside the incorporated limits of municipalities and to regulate same. MORGAN COUNTY 584 661 67 . (Ga. L. 1960 P. 1414) Amendment to the Constitution to authorize the General Assembly by legislation to create and establish the Columbus Parking Authority. MUSCOGEE COUNTY 3,534 9,147 68 . (Ga. L. 1960 P. 1253) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Quitman County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. QUITMAN COUNTY 335 30 69 . (Ga. L. 1960 P. 1276) Amendment to the Constitution so as to authorize Richmond County to levy a tax not to exceed one-half () mill on all the taxable property in the county for the purpose of creating a fund to be used in the industrial development of the county and provide the procedure connected therewith. RICHMOND COUNTY 4,120 7,917 70 . (Ga. L. 1960 P. 1370) Amendment to the Constitution so as to provide that the General Assembly shall the power, by legislation, to create, designate, vest pewers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, authorities and governing authorities within Richmond County. RICHMOND COUNTY 4,061 8,843 71 . (Ga. L. 1960 P. 1264) Amendment to the Constitution so as to increase the debt limitation of Rockdale County. ROCKDALE COUNTY 771 821 72 . (Ga. L. 1960 P. 1266) Amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County. ROCKDALE COUNTY 867 814 73 . (Ga. L. 1960 P. 1390) Amendment to the Constitution so as to authorize the governing authority of Spalding County to establish water districts outside the municipalities. SPALDING COUNTY 3,685 698 74 . (Ga. L. 1960 P. 1249) Amendment to the Constitution so as to authorize the construction of an electrical system in Stewart County. STEWART COUNTY 610 110 75 . (Ga. L. 1960 P. 1251) Amendment to the Constitution so as to authorize Stewart County to construct a bridge across the Chattahoochee River. STEWART COUNTY 605 131 76 . (Ga. L. 1960 P. 1339) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Stewart County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. STEWART COUNTY 606 119 77 . (Ga. L. 1960 P. 1289) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Taylor County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. TAYLOR COUNTY 700 258 78 . (Ga. L. 1960 P. 1400) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Telfair County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. TELFAIR COUNTY 763 82 79 . (Ga. L. 1960 P. 1329) Amendment to Constitution so as to create the Thomasville Payroll Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. THOMAS COUNTY 2,423 1,215 80 . (Ga. L. 1960 P. 1207) Amendment to the Constitution so as to provide for the election of the County School Superintendent of Tift County by the people instead of by the County Board of Education; and to provide for compensation for members of the County Board of Education. TIFT COUNTY 1,637 2,247 81 . (Ga. L. 1960 P. 1240) Amendment to the Constitution so as to create the Tift County Development Authority. TIFT COUNTY 2,481 926 82 . (Ga. L. 1960 P. 1408) Amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that neither the personal property exemption, in an amount not to exceed $300.00, nor the homestead exemption, of an amount not to exceed $2,000.00, shall be applicable to taxes which are assessed and collected by the taxing authorities of Tift County for the support and maintenance of education, as recommended by the Tift County Board of Education, unless the owner of such personal property or homestead is sixty-five (65) years of age or older or is qualified for and actually receiving aid or assistance from the Tift County Department of Public Welfare. TIFT COUNTY 1,045 2,334 83 . (Ga. L. 1960 P. 1351) Amendment to Article VII, Section IV, Paragraph I, of the Constitution authorizing the Board of County Commissioners of Ware County to assess and collect license fees and occupational taxes upon businesses in Ware County outside the incorporated limits of Waycross and to regulate same. WARE COUNTY 3,290 2,265 84 . (Ga. L. 1960 P. 1234) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wayne County by the people. WAYNE COUNTY 1,182 508 85 . (Ga. L. 1960 P. 1357) Amendment to the Constitution so as to authorize the creation of fire protection districts in Whitfield County and the levying of taxes and issuance of bonds related thereto. WHITFIELD COUNTY 2,578 1,236 86 . (Ga. L. 1960 P. 1292) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Wilcox County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. WILCOX COUNTY 539 260 87 . (Ga. L. 1960 P. 1436) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Worth County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. WORTH COUNTY 479 421 THEREFORE: I, S. Ernest Vandiver, Governor of the State of Georgia, do hereby proclaim that local Amendments Nos. 20, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 43, 44, 45, 46, 47, 48, 50, 51, 52, 55, 56, 57, 58, 59, 60, 62, 63, 64, 65, 68,

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72, 73, 74, 75, 76, 77, 78, 79, 81, 83, 84, 85, 86, 87 having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 21, 22, 23, 24, 26, 40, 42, 49, 53, 54, 61, 66, 67, 69, 70, 71, 80 and 82 not having been ratified are hereby declared not to be a part of the Constitution of the State of Georgia, effective this date. Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 18th day of November, 1960, and of the Independence of the United States of America, the One Hundred and Eighty-Fifth. S. ERNEST VANDIVER Governor BY THE GOVERNOR: PETER ZACK GEER Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

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For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State or JOE N. BURTON Assistant to Secretary of State